reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part II - Miscellaneous Liens (Ss. 713.50-713.79) › 713.69 - Unlawful to remove property upon which lien has accrued.

713.69 Unlawful to remove property upon which lien has accrued.—It is unlawful for any person to remove any property upon which a lien has accrued under s. 713.68 from any hotel, apartment house, roominghouse, lodginghouse, boardinghouse or tenement house without first making full payment to the person operating or conducting the same of all sums due and payable for such occupancy or without first having the written consent of such person so conducting or operating such place to so remove such property. Any person who violates this section, if the value of the property removed in violation hereof is less than $1,000, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; and if the value of the property so removed is $1,000 or more, such person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 2, 3, ch. 12080, 1927; CGL 5376, 7323; s. 36, ch. 67-254; s. 687, ch. 71-136; s. 28, ch. 2019-167.
Note.—Former s. 85.20.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part II - Miscellaneous Liens (Ss. 713.50-713.79) › 713.691 - Landlord’s lien for rent; exemptions.

713.691 Landlord’s lien for rent; exemptions.—
(1) With regard to a residential tenancy, the landlord has a lien on all personal property of the tenant located on the premises for accrued rent due to the landlord under the rental agreement. This lien shall be in addition to any other liens upon such property which the landlord may acquire by law and may be modified or waived, in whole or in part, by the provisions of a written rental agreement. The landlord’s lien for rent shall attach to the tenant’s personal property at the time the sheriff gives the landlord possession of the premises, but it is not required that the tenant’s property be removed in order to give the landlord possession of the premises.
(2) When the tenant is the head of a family, personal property owned by her or him in the value of $1,000 is exempt from the lien provided by this section. This subsection does not authorize an exemption any greater than that which may be available to the tenant in s. 4, Art. X of the State Constitution.
(3) The remedy of distress for rent is abolished with regard to residential tenancies.
History.—s. 3, ch. 73-330; s. 9, ch. 87-195; s. 8, ch. 88-379; s. 826, ch. 97-102.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part II - Miscellaneous Liens (Ss. 713.50-713.79) › 713.70 - Lien for service of stallions and other animals.

713.70 Lien for service of stallions and other animals.—In favor of owners of stallions, jackasses or bulls, upon the colt or calf of the get of said stallion, jackass or bull, and also upon the mare, jenny or cow served by said stallion, jackass or bull in breeding thereof for the sum stipulated to be paid for the service thereof, by filing at any time within 18 months after the date of service a statement of the account thereof, together with the description as to color and markings of the female served, and the name of the owner at the date of service, in the office of the county clerk of the county wherein the owner of the said female resided at the time of service. Neither the mare, jenny or cow, nor the get thereof, shall be sold within 18 months after the date of service, unless the service fee shall be paid, unless such sale shall be agreed to and approved in writing by the owner of the stallion, jackass or bull at the time of the sale or transfer of the mare, jenny or cow, or offspring thereof. At any time after such mare, jenny or cow shall conceive, anyone having the lien herein provided may enforce the same in the same manner as is now provided by law.
History.—s. 1, ch. 4352, 1895; GS 2207; s. 1, ch. 7362, 1917; RGS 3514; CGL 5377; s. 36, ch. 67-254.
Note.—Former s. 85.21.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part II - Miscellaneous Liens (Ss. 713.50-713.79) › 713.71 - Liens for loans and advances.

713.71 Liens for loans and advances.—Any person who shall procure a loan or advance of money or goods and chattels, wares or merchandise or other things of value, to aid him or her in the business of planting, farming, timber-getting or any other kind of businesses in this state, from any factor, merchant, firm or person in this state, or in the United States or in any foreign country, shall, by this part, be held to have given to the lender, lenders, or person making such advance, a statutory lien of prior dignity to all other encumbrances, saving and excepting liens for labor and liens in favor of landlords, upon all the timber-getting, all the crops, and products grown or anything else made or grown by said person, through the assistance of said loan or advances; provided, that the lien above-given shall not be created unless the person obtaining or procuring such loan or advance shall give to the person making such loan or advance an instrument of writing consenting to said lien; and the same shall be recorded in the office of the clerk of the circuit court of the county wherein such business of planting, farming, or timber-getting is conducted.
History.—s. 1, ch. 4163, 1893; GS 2208; RGS 3515; CGL 5378; s. 36, ch. 67-254; s. 827, ch. 97-102.
Note.—Former s. 85.22.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part II - Miscellaneous Liens (Ss. 713.50-713.79) › 713.73 - Priority of foregoing liens.

713.73 Priority of foregoing liens.—Liens for labor and liens for material provided for by this law shall take priority among themselves according to the times that the notices required to create such liens respectively were given or were recorded in the cases where record is required; that is to say, each such lien which shall have attached to the property shall be paid before any such lien which shall have subsequently attached thereto, shall be entitled to be paid.
History.—s. 12, ch. 5143, 1903; GS 2209; RGS 3516; CGL 5379; s. 36, ch. 67-254.
Note.—Former s. 85.24.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part II - Miscellaneous Liens (Ss. 713.50-713.79) › 713.74 - Acquisition of liens by persons in privity with the owner.

713.74 Acquisition of liens by persons in privity with the owner.—As against the owner of personal property upon which a lien is claimed under this part, the lien shall be acquired by any person in privity with the owner by the performance of the labor or the furnishing of the materials. There shall be no lien upon personal property as against purchasers and creditors without notice unless the person claiming the lien is in possession of the property upon which the lien is claimed. The lien shall continue as long as the possession continues, not to exceed 3 months after performance of the labor or furnishing the material.
History.—RS 1742; s. 1, ch. 4582, 1897; ss. 8, 9, 11, ch. 5143, 1903; GS 2210; RGS 3517; CGL 5380; s. 36, ch. 67-254; s. 4, ch. 69-97.
Note.—Former s. 85.25.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part II - Miscellaneous Liens (Ss. 713.50-713.79) › 713.75 - Acquisition of liens by persons not in privity with the owner.

713.75 Acquisition of liens by persons not in privity with the owner.—A person entitled to acquire a lien not in privity with the owner of the personal property shall acquire a lien upon the owner’s personal property as against the owner and persons claiming through her or him by delivery to the owner of a written notice that the person for whom the labor has been performed or the material furnished is indebted to the person performing the labor or furnishing the material in the sum stated in the notice. A person who is performing or is about to perform labor or is furnishing or is about to furnish materials for personal property may deliver to the owner a written cautionary notice that she or he will do so. A lien shall exist from the time of delivery of either notice for the amount unpaid on the contract of the owner with the person contracting with the lienor and the delivery of the notice shall also create a personal liability against the owner of the personal property in favor of the lienor giving the notice, but not to a greater extent than the amount then unpaid on the contract between the owner and the person with whom the owner contracted. There shall be no lien upon personal property as against creditors and purchasers without notice except under the circumstances and for the time prescribed in s. 713.74 and for the amount of the debt due to the lienor at the time of the service of the notice provided for in this section.
History.—RS 1743; s. 2, ch. 4582, 1897; ss. 1, 15, ch. 5143, 1903; GS 2211; RGS 3518; CGL 5381; s. 36, ch. 67-254; s. 5, ch. 69-97; s. 828, ch. 97-102.
Note.—Former s. 85.26.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part II - Miscellaneous Liens (Ss. 713.50-713.79) › 713.76 - Release of lien by filing bond.

713.76 Release of lien by filing bond.—
(1) Any lienee may release his or her property from any lien claimed thereon under this part by filing with the clerk of the circuit court a cash or surety bond, payable to the person claiming the lien, in the amount of the final bill, and conditioned for the payment of any judgment which may be recovered on said lien, with costs.
(2) Whenever a lienee brings an action in the appropriate court with respect to any property which has been wrongfully detained by a lienor in violation of this section, the lienee, upon a judgment in the lienee’s favor, shall be entitled to damages, reasonable court costs, and attorney’s fees sustained by the lienee by reason of such wrongful detention.
(3) Any lienor who, upon the posting of the bond, fails to release or return the property to the lienee pursuant to this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 8, ch. 1632, 1868; RS 1749; s. 19, ch. 5143, 1903; GS 2225; RGS 3532; CGL 5396; s. 36, ch. 67-254; s. 1, ch. 77-387; s. 167, ch. 91-224; s. 829, ch. 97-102.
Note.—Former s. 85.27.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part II - Miscellaneous Liens (Ss. 713.50-713.79) › 713.77 - Liens of owners, operators, or keepers of mobile home or recreational vehicle parks; ejection of occupants.

713.77 Liens of owners, operators, or keepers of mobile home or recreational vehicle parks; ejection of occupants.—A lien prior in dignity to all others except a lien for unpaid purchase price shall exist in favor of the owner, operator, or keeper of a mobile home park or recreational vehicle park for rent owing by, and for money or other property advanced to, any occupant thereof upon the goods, chattels, or other personal property of such occupant. Upon the nonpayment of such sums in accordance with the rules of such park, or for failure to observe any provision of this part or the rules and regulations prescribed by the Department of Health, the owner, operator, or keeper thereof may instantly eject such occupant therefrom. A lien created in favor of an owner or operator of a mobile home park or recreational vehicle park may be enforced in the same manner as is now or may hereafter be provided by law for the enforcement of liens in favor of keepers of hotels and boardinghouses. Nothing in this section, however, shall prevent an owner or operator of a mobile home park or recreational vehicle park from enforcing any claim for rent under and in the manner provided by landlord and tenant acts of this state.
History.—s. 11, ch. 12419, 1927; s. 1, ch. 19365, 1939; CGL 4149; s. 36, ch. 67-254; s. 13, ch. 83-321; s. 277, ch. 99-8.
Note.—Former s. 85.28.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part II - Miscellaneous Liens (Ss. 713.50-713.79) › 713.79 - Liens for interior design services.

713.79 Liens for interior design services.—Any person who, as part of his or her services performed as an interior designer, furnishes any articles of furniture, including, but not limited to, desks, tables, lamps, area rugs, wall hangings, photographs, paintings or other works of art, or any items of furnishing, subject to compliance with and the limitations imposed by this part, shall have a lien upon all such articles furnished and upon all such articles manufactured or converted from such furnishing, provided that the same shall be tangible personal property and provided further that such furnishings are rendered in accordance with a written contract and under direct contract with the owner.
History.—s. 3, ch. 85-103; s. 831, ch. 97-102.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.801 - Definitions.

713.801 Definitions.—As used in this part, the following terms shall have the following meanings unless the context clearly requires another meaning:
(1) “Interest holder” means a person, or his or her agent, holding, for oil or gas purposes or for any oil or gas pipeline, any interest in the legal or equitable title to any land or any leasehold interest, and shall include purchasers under executory contract, receivers, and trustees.
(2) “Operator” means the person in charge of operations on lands or leaseholds for oil or gas purposes or for any oil or gas pipeline. For the purposes of this part, an operator shall be deemed to be the agent of the interest holder.
(3) “Material” means any machinery, equipment, appliances, buildings, structures, tools, bits, or supplies used in connection with any construction, drilling, or operating upon any land or leasehold for oil or gas purposes or for any oil or gas pipeline.
(4) “Drilling” means drilling, digging, torpedoing, acidizing, perforating, fracturing, testing, logging, cementing, completing, or repairing upon any land or leasehold for oil or gas purposes or for any oil or gas pipeline.
(5) “Operating” means conducting any operation in connection with, or necessary to, the production of oil or gas, either in the development thereof or in working thereon in the subtractive process.
(6) “Construction” means construction, maintenance, operation, or repair in connection with any oil or gas pipeline or in connection with, or necessary for, the production of oil or gas, either in the development thereof or in working thereon in the subtractive process.
(7) “Oil or gas pipeline” means any pipeline laid and designed as a means of transporting natural gas, oil, or gasoline, or their components or derivatives, and the right-of-way therefor.
(8) “Original contractor” means any person for whose benefit a lien is prescribed by the provisions of s. 713.803.
History.—s. 1, ch. 75-51; s. 832, ch. 97-102.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.803 - Entitlement to lien.

713.803 Entitlement to lien.—Any person who, under contract with an interest holder or operator, performs any labor or furnishes any material or service used or furnished to be used:
(1) In the drilling or operating of any oil or gas well upon the land or leasehold of the interest holder or in the construction of any oil or gas pipeline, or
(2) In the construction of any material so used or employed, whether the labor is performed or the material or service is furnished on or off the said land or leasehold,
shall be entitled to a lien, whether or not a producing well is obtained and whether or not such material is consumed or becomes a part of the completed oil or gas well or oil or gas pipeline, for the amount due him or her for the performance of such labor or the furnishing of such material or service, but in no case greater than the contract price, with legal interest from the date the same was due.
History.—s. 1, ch. 75-51; s. 833, ch. 97-102.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.805 - Property subject to lien.

713.805 Property subject to lien.—Liens created under s. 713.803 shall extend to:
(1) The leasehold interest or that portion thereof covered by an assignment, farmout agreement, or operating agreement held by the operator, whichever shall be the lesser interest, held for oil or gas purposes or for any oil or gas pipeline for which the material or service was furnished or for which the labor was performed, and the appurtenances thereunto belonging as title thereto existed on the date such labor was first performed or such material or service was first furnished. However, neither the land itself, apart from the rights granted under an oil or gas lease, nor any mineral interest or royalty interest shall be subject to such lien.
(2) All materials and fixtures owned by the interest holder and used or furnished to be used in the drilling or operating of any oil or gas well, or in the construction of any oil or gas pipeline, located on the land or leasehold held by the interest holder.
(3) All oil or gas wells located on such land or leasehold, the oil or gas produced therefrom, and the proceeds from the sale thereof inuring to those interests subject to such lien.
History.—s. 1, ch. 75-51; s. 1, ch. 77-174.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.807 - Subcontractors’ lien.

713.807 Subcontractors’ lien.—Any person who shall, under contract, perform any labor or furnish any material or service as a subcontractor under an original contractor, or for or to an original contractor or subcontractor under an original contractor, shall be entitled to a lien for the amount due her or him, but in no case greater than the contract price, upon all the property upon which the lien of an original contractor may attach, to the same extent as an original contractor. The lien provided for in this section shall further extend and attach to all materials and fixtures owned by such original contractor or subcontractor to whom the labor, services, or materials were furnished.
History.—s. 1, ch. 75-51; s. 834, ch. 97-102.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.809 - Forfeiture or failure of title.

713.809 Forfeiture or failure of title.—If a lien, as provided for in this part, is imposed on an assignment, farmout agreement, operating agreement, or other equitable interest or legal interest in land or in a leasehold estate, which interest is contingent upon the happening of a condition subsequent, such lien may be perfected and entered against such land or against the leasehold estate, notwithstanding the failure of such interest to ripen into legal title or the failure of such conditions subsequent to be fulfilled.
History.—s. 1, ch. 75-51.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.811 - Notice to purchasers of oil and gas.

713.811 Notice to purchasers of oil and gas.—No lien under this part, to the extent that it may extend to oil or gas or the proceeds from the sale thereof, shall be effective against any purchaser of such oil or gas until the purchaser has received proper written notice of said claim. Such notice shall state the name of the claimant and his or her address, the amount for which the lien is claimed, and a description of the land or leasehold upon which the lien is claimed. Notice shall be delivered personally to the purchaser or by registered or certified mail. A purchaser who has received such notice shall withhold payment for such oil or gas runs to the extent of the lien amount claimed, together with legal interest, until said lien has been satisfied or held to be invalid by a court of competent jurisdiction.
History.—s. 1, ch. 75-51; s. 835, ch. 97-102.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.813 - Liability of interest holder to subcontractors.

713.813 Liability of interest holder to subcontractors.—Nothing in this part shall be deemed to fix a liability upon an interest holder greater than the amount for which the interest holder would be liable to the original contractor. Payment made by the interest holder to the original contractor prior to notice of a subcontractor’s lien shall be considered satisfaction of obligations to the extent of such payments. Payments made by the interest holder to a subcontractor pursuant to a valid lien shall be considered satisfaction of obligations owed by the interest holder to the contractor under the contract to the extent of such payments.
History.—s. 1, ch. 75-51.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.815 - Date lien arises.

713.815 Date lien arises.—The liens provided for in this part arise on the date of furnishing of the first item of material or service or the date of performance of the first labor. Upon compliance with the provisions of s. 713.821, such lien shall be preferred to all other titles, charges, liens, or encumbrances which may, subsequent to the date the lien herein provided for arises, attach to or upon any of the property upon which a lien is given by this part.
History.—s. 1, ch. 75-51.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.817 - Parity of liens; exception.

713.817 Parity of liens; exception.—All liens arising by virtue of this part upon the same property shall be of the same class, except that liens of persons for the performance of labor shall be preferred to all other liens arising by virtue of this part.
History.—s. 1, ch. 75-51.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.819 - When single claim of lien sufficient.

713.819 When single claim of lien sufficient.—All labor performed, and materials and services furnished, by any person entitled to a lien under this part shall, for the purposes of this part, be considered to have been performed or furnished under a single contract, regardless of whether or not the same was performed or furnished at different times or on separate orders. However, no more than 90 days shall have elapsed between the date of performance of such labor or the date of furnishing such materials or services and the date on which labor is next performed or materials or services are next furnished.
History.—s. 1, ch. 75-51.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.821 - Claim of lien.

713.821 Claim of lien.—The manner of perfecting a lien under this part shall be the same as that provided in s. 713.08.
History.—s. 1, ch. 75-51.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.823 - Release of lien by filing bond.

713.823 Release of lien by filing bond.—Any lienee may release her or his property from any lien under this part in the manner provided by s. 713.76.
History.—s. 1, ch. 75-51; s. 836, ch. 97-102.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 713 - Liens, Generally › Part III - Oil and Gas Liens (Ss. 713.801-713.825) › 713.825 - Duration of lien.

713.825 Duration of lien.—No lien provided by this part shall continue for a period longer than 1 year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction.
History.—s. 1, ch. 75-51.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.03 - Notice and Opportunity for Hearing.

714.03 Notice and opportunity for hearing.—
(1) Except as otherwise provided in subsection (2), the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate under the circumstances.
(2) The court may issue an order under this chapter without written or oral notice to the adverse party only if:
(a) It appears from the specific facts shown by affidavit or verified pleading or motion that immediate and irreparable injury, loss, or damage will result to the movant or that waste, dissipation, impairment, or substantial diminution in value will result to the subject real estate before any adverse party can be heard in opposition; and
(b) The movant’s attorney certifies in writing all efforts that have been made to give notice to all known adverse parties, or the reasons why such notice should not be required.
(3) Only an affidavit, a declaration or a verified pleading, or a motion may be used to support the application for the appointment of a receiver, unless the adverse party appears at the hearing or has received reasonable prior notice of the hearing. Every order appointing a receiver without notice must be endorsed with the date and hour of entry, must be filed forthwith in the clerk’s office, must define the injury, must state findings by the court as to why the injury may be irreparable, and must give the reasons why the order was granted without notice if notice was not given. The order appointing a receiver shall remain in effect until the further order of the court.
(4) This chapter does not displace any existing rule of procedural or judicial administration of this state governing service or notice, including, without limitation, Rule 1.070, Florida Rules of Civil Procedure, and Rule 2.525, Florida Rules of Judicial Administration, which shall remain in full force and effect.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.04 - Scope; Exclusions.

714.04 Scope; exclusions.—
(1) This chapter applies to a receivership initiated in a court of this state for an interest in real property and any incidental personal property related to or used in operating the real property.
(2) This chapter does not apply to:
(a) Actions in which a state agency or officer is expressly authorized by statute to seek or obtain the appointment of a receiver;
(b) Actions authorized by or commenced under federal law;
(c) Real property improved by one or two dwelling units which includes the homestead of an individual owner or an affiliate of an individual owner;
(d) Property of an individual exempt from forced sale, execution, or seizure under the laws of this state; or
(e) Personal property of an individual which is used primarily for personal, family, or household purposes.
(3) This chapter does not limit the authority of a court to appoint a receiver under the laws of this state other than this chapter.
(4) This chapter does not limit an individual’s homestead rights under the laws of this state or federal law.
(5) Unless displaced by a particular provision of this chapter, the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, supplement this chapter.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.05 - Power of the Court.

714.05 Power of the court.—The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.07 - Disqualification From Appointment as Receiver; Disclosure of Interest.

714.07 Disqualification from appointment as receiver; disclosure of interest.—
(1) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.
(2) Except as otherwise provided in subsection (3), a person is disqualified from appointment as receiver if the person:
(a) Is an affiliate of a party;
(b) Has an interest materially adverse to an interest of a party;
(c) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;
(d) Has a debtor-creditor relationship with a party; or
(e) Holds an equity interest in a party, other than a noncontrolling interest in a publicly traded company.
(3) A person is not disqualified from appointment as receiver solely because the person:
(a) Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;
(b) Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or
(c) Maintains with a party a deposit account, as defined in s. 679.1021.
(4) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.08 - Receiver’s Bond; Alternative Security.

714.08 Receiver’s bond; alternative security.—
(1) Except as otherwise provided in subsection (2), a receiver shall post with the court a bond that:
(a) Is conditioned on the faithful discharge of the receiver’s duties;
(b) Has one or more sureties approved by the court;
(c) Is in an amount the court specifies; and
(d) Is effective as of the date of the receiver’s appointment.
(2) The court may approve the receiver posting an alternative security with the court, such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver upon the receiver’s discharge.
(3) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section if the action is necessary to prevent or mitigate immediate injury, loss, or damage to the party who sought the appointment of the receiver, or immediate waste, dissipation, impairment, or substantial diminution in value to the receivership property.
(4) A claim against a receiver’s bond or alternative security must be made not later than 1 year after the date the receiver is discharged.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.09 - Status of Receiver as Lien Creditor.

714.09 Status of receiver as lien creditor.—Upon appointment of a receiver, the receiver has the status of a lien creditor under:
(1) Chapter 679 as to receivership property or fixtures; and
(2) Chapter 695 as to receivership property that is real property.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.10 - Security Agreement Covering After-Acquired Property.

714.10 Security agreement covering after-acquired property.—Except as otherwise provided by law other than this chapter, property that a receiver or an owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.11 - Collection and Turnover of Receivership Property.

714.11 Collection and turnover of receivership property.—
(1) Unless the court orders otherwise, on demand by a receiver:
(a) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment; and
(b) Subject to subsection (3), a person that has possession, custody, or control of receivership property shall turn the property over to the receiver.
(2) A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.
(3) If a creditor has possession, custody, or control of receivership property and the validity, perfection, or priority of the creditor’s lien on the property depends on the creditor’s possession, custody, or control, the creditor may retain possession, custody, or control until the court orders adequate protection of the creditor’s lien.
(4) Unless a bona fide dispute exists about a receiver’s right to possession, custody, or control of receivership property, the court may sanction as civil contempt a person’s failure to turn the property over when required by this section.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.13 - Duties of Owner.

714.13 Duties of owner.—
(1) An owner shall:
(a) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver’s duties;
(b) Preserve and turn over to the receiver all receivership property in the owner’s possession, custody, or control;
(c) Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner’s possession, custody, or control;
(d) Upon subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership; and
(e) Perform any duty imposed by court order, this chapter, or the laws of this state other than this chapter.
(2) If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the owner.
(3) If a person knowingly fails to perform a duty imposed by this section, the court may:
(a) Award the receiver actual damages caused by the person’s failure, reasonable attorney fees, and costs; and
(b) Sanction the failure as civil contempt.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.15 - Engagement and Compensation of Professional.

714.15 Engagement and compensation of professional.—
(1) With court approval, a receiver may engage an attorney, an accountant, an appraiser, an auctioneer, a broker, or another professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court:
(a) The identity and qualifications of the professional;
(b) The scope and nature of the proposed engagement;
(c) Any potential conflict of interest; and
(d) The proposed compensation.
(2) A person is not disqualified from engagement under this section solely because of the person’s engagement by, representation of, or other relationship with the receiver, a creditor, or a party. This chapter does not prevent the receiver from serving in the receivership as an attorney, an accountant, an auctioneer, or a broker when authorized by law.
(3) A receiver or professional engaged under subsection (1) shall file with the court an itemized statement of the time spent, work performed, and billing rate of each person that performed the work and an itemized list of expenses. The receiver shall pay the amount approved by the court.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.18 - Defenses and Immunities of Receiver.

714.18 Defenses and immunities of receiver.—
(1) A receiver is entitled to all defenses and immunities provided by the laws of this state other than this chapter for an act or omission within the scope of the receiver’s appointment.
(2) A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.19 - Interim Report of Receiver.

714.19 Interim report of receiver.—A receiver may file or, if ordered by the court, shall file an interim report that includes:
(1) The activities of the receiver since appointment or a previous report;
(2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver;
(3) Receipts and dispositions of receivership property;
(4) Fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses; and
(5) Any other information required by the court.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.20 - Notice of Appointment; Claim Against Receivership; Distribution to Creditors.

714.20 Notice of appointment; claim against receivership; distribution to creditors.—
(1) Except as otherwise provided in subsection (6), a receiver shall give notice of appointment of the receiver to creditors of the owner by:
(a) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each creditor; and
(b) Publication as directed by the court.
(2) Except as otherwise provided in subsection (6), the notice required under subsection (1) must specify the date by which each creditor holding a claim against the owner which arose before appointment of the receiver must submit the claim to the receiver. The date specified must be at least 90 days after the later of notice under paragraph (1)(a) or last publication under paragraph (1)(b). The court may extend the period for submitting the claim. Unless the court orders otherwise, a claim that is not timely submitted is not entitled to a distribution from the receivership.
(3) A claim submitted by a creditor under this section must:
(a) State the name and address of the creditor;
(b) State the amount and basis of the claim;
(c) Identify any property securing the claim;
(d) Be signed by the creditor under penalty of perjury; and
(e) Include a copy of any record on which the claim is based.
(4) An assignment by a creditor of a claim against the owner is effective against the receiver only if the assignee gives timely notice of the assignment to the receiver in a signed record.
(5) At any time before entry of an order approving a receiver’s final report, the receiver may file with the court an objection to a claim of a creditor, stating the basis for the objection. The court shall allow or disallow the claim according to the laws of this state other than this chapter.
(6) If the court concludes that receivership property is likely to be insufficient to satisfy claims of each creditor holding a perfected lien on the property, the court may order that:
(a) The receiver need not give notice under subsection (1) of the appointment to all creditors of the owner, but only such creditors as the court directs; and
(b) Unsecured creditors need not submit claims under this section.
(7) Subject to s. 714.21:
(a) A distribution of receivership property to a creditor holding a perfected lien on the property must be made in accordance with the creditor’s priority under the laws of this state other than this chapter; and
(b) A distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to the laws of this state other than this chapter.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.21 - Fees and Expenses.

714.21 Fees and expenses.—
(1) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.
(2) The court may order one or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorney fees and costs:
(a) A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or
(b) A person whose conduct justified or would have justified the appointment of the receiver under s. 714.06(1)(a).
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.22 - Removal of Receiver; Replacement; Termination of Receivership.

714.22 Removal of receiver; replacement; termination of receivership.—
(1) The court may remove a receiver for cause.
(2) The court shall replace a receiver that dies, resigns, or is removed.
(3) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.
(4) The court may discharge a receiver and terminate the court’s administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership. If the court finds that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment:
(a) The fees and expenses of the receivership, including reasonable attorney fees and costs; and
(b) Actual damages caused by the appointment, including reasonable attorney fees and costs.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.23 - Final Report of Receiver; Discharge.

714.23 Final report of receiver; discharge.—
(1) Upon completion of a receiver’s duties, the receiver shall file a final report including:
(a) A description of the activities of the receiver in the conduct of the receivership;
(b) A list of receivership property at the commencement of the receivership and any receivership property received during the receivership;
(c) A list of disbursements, including payments to professionals engaged by the receiver;
(d) A list of dispositions of receivership property;
(e) A list of distributions made or proposed to be made from the receivership for creditor claims;
(f) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and
(g) Any other information required by the court.
(2) If the court approves a final report filed under subsection (1) and the receiver distributes all receivership property, the receiver is discharged.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.24 - Receivership in Another State; Ancillary Proceeding.

714.24 Receivership in another state; ancillary proceeding.—
(1) The court may appoint a receiver appointed in another state, or that person’s nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if:
(a) The person or nominee would be eligible to serve as receiver under s. 714.07; and
(b) The appointment furthers the person’s possession, custody, control, or disposition of property subject to the receivership in the other state.
(2) The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.
(3) Unless the court orders otherwise, an ancillary receiver appointed under subsection (1) has the rights, powers, and duties of a receiver appointed under this chapter.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.25 - Effect of Enforcement by Mortgagee.

714.25 Effect of enforcement by mortgagee.—A request by a mortgagee for the appointment of a receiver, the appointment of a receiver, or the application by a mortgagee of receivership property or proceeds to the secured obligation does not:
(1) Make the mortgagee a mortgagee in possession of the real property;
(2) Make the mortgagee an agent of the owner;
(3) Constitute an election of remedies which precludes a later action to enforce the secured obligation;
(4) Make the secured obligation unenforceable;
(5) Limit any right available to the mortgagee with respect to the secured obligation; or
(6) Constitute an action under chapter 702.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.26 - Uniformity of Application and Construction.

714.26 Uniformity of application and construction.—In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted a similar law.
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 714 - Uniform Commercial Real Estate Receivership Act › 714.27 - Relation to Electronic Signatures in Global and National Commerce Act.

714.27 Relation to Electronic Signatures in Global and National Commerce Act.—This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that act, 15 U.S.C. s. 7003(b).
History.—s. 1, ch. 2020-106.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 715 - Property: General Provisions › 715.02 - Prohibiting Recovery From Seller of Forfeited Deposit or Down Payment Made by Check, Draft, or Obligation Refused Through No Fault of Seller.

715.02 Prohibiting recovery from seller of forfeited deposit or down payment made by check, draft, or obligation refused through no fault of seller.—In any action by any person against the seller of real property for any share of a forfeited deposit or down payment by a prospective purchaser, no check, draft, or other obligation of such prospective purchaser shall be construed to be a deposit and the action shall not be maintained by any person against the seller by reason thereof, if payment of said check, draft, or obligation is refused through no fault of the seller, notwithstanding any recitation of a receipt of said deposit in any written agreement.
History.—s. 1, ch. 24304, 1947; s. 11, ch. 25035, 1949.