Moonlit Waters Apts., Inc. v. Cauley, 666 So. 2d 898 (Fla. 1996). · Go Syfert
Search
Moonlit Waters Apts., Inc. v. Cauley, 666 So. 2d 898 (Fla. 1996). Cases Citing This Book View Copy Cite
“under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another.”
62 citation events (54 in the last 25 years) across 4 distinct courts.
Strongest positive: Alachua County, a charter county and political subdivision of the State of Florida v. Sadie Darnell, in her official capacity as Sheriff of Alachua County, Florida (fladistctapp, 2019-09-20)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Alachua County, a charter county and political subdivision of the State of Florida v. Sadie Darnell, in her official capacity as Sheriff of Alachua County, Florida
Fla. Dist. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another.
discussed Cited as authority (verbatim quote) Lowe v. Broward County (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2000 · signal: see · quote attribution · 1 verbatim quote · confidence high
in construing a statute, we look first to the statute's plain meaning.
discussed Cited as authority (rule) EMMANUEL O. DECIUS v. DENISE S. DECIUS
Fla. Dist. Ct. App. · 2023 · confidence medium
App. P. 9.130(a)(3)(C)(iii) (1981) (“right to immediate monetary relief or child custody in domestic relations matters”). 4 the exclusion of another.” (quoting Moonlit Waters Apartments, Inc. v. Cauley, 666 So. 2d 898, 900 (Fla. 1996))).
cited Cited as authority (rule) SE Property Holdings, LLC v. Neverve LLC
11th Cir. · 2023 · confidence medium
Co., 753 So. 2d 80, 85 (Fla. 2000) (quoting Moonlit Water Apartments Inc. v. Cauley, 666 So. 2d 898, 900 (Fla. 1996)); accord United States v. Castro, 837 F.2d 441, 442 (11th Cir. 1988).
discussed Cited as authority (rule) Alachua County, etc. v. Clovis Watson, Jr., etc.
Fla. · 2022 · confidence medium
Citing our decision in Moonlit Waters Apartments, Inc. v. Cauley, 666 So. 2d 898, 900 (Fla. 1996), the First District agreed, finding that “[u]nder the principle of statutory construction, expressio unius est exclusio alterius, the prohibition cannot be read to also apply to sitting sheriffs . . . [because] ‘the mention of one thing implies the exclusion of another.’” Alachua Cnty. v. Darnell, 301 So. 3d 1027 , 1029 (Fla. 1st DCA 2019) (citation omitted) (quoting Moonlit Waters, 666 So. 2d at 900 ).
discussed Cited as authority (rule) WESLEY BROWN v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
“Further, . . . when [a court] construes a statute, ‘[it should] look first at the statute’s plain meaning.’” Id. at 110 (alterations added) (quoting Moonlit Waters Apartments, Inc. v. Cauley, 666 So. 2d 898, 900 (Fla. 1996)); accord Stoletz v. State, 875 So. 2d 572, 575 (Fla. 2004).
discussed Cited as authority (rule) & SC16-400 Elizabeth White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC., and Americare Home Therapy, Inc., etc. v. Carla Hiles
Fla. · 2017 · confidence medium
However, because the statute does not expressly exclude any claimed interests, it seems that those courts necessarily applied the principle expressio unius- est exclusio alterius— “the mention of one thing implies the exclusion of another.” See Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla. 1996).
discussed Cited as authority (rule) Boatright v. Philip Morris USA, Inc.
Fla. Dist. Ct. App. · 2017 · confidence medium
Even more, because rule 2.516(a) expressly confines its scope to the service of documents "filed in any court proceeding," we are compelled to read the rule as excluding documents which are not "filed in any court proceeding." See Moonlit Waters Apartments, Inc. v. Cauley, 666 So. 2d 898, 900 (Fla. 1996) ("Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another." (citing Bergh v. Stephens, 175 So. 2d 787 (Fla. 1st DCA 1965))); see also United States v. Koonce, 991 F.2d 693, 698 (11th Cir. 1993) ("The canon …
discussed Cited as authority (rule) Boatright v. Philip Morris USA, Inc.
Fla. Dist. Ct. App. · 2017 · confidence medium
Even more, because rule 2.516(a) expressly confines its scope to the service of documents “filed in any court proceeding,” we are compelled to read the rule as excluding documents which are not “filed in any court proceeding.” See Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla. 1996) (“Under' the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another.” (citing Bergh v. Stephens, 175 So.2d 787 (Fla. 1st DCA 1965))); see also United States v. Koonce, 991 F.2d 693, 698 (11th Cir. 1993) (…
discussed Cited as authority (rule) Gretna Racing, LLC v. Department of Business & Professional Regulation
Fla. Dist. Ct. App. · 2016 · confidence medium
“In construing a statute, we look first to the statute’s plain meaning.” Moonlit Waters Apts., Inc. v. Cauley, 666 So.2d 898, 900 (Fla. 1996). “[Relative and qualifying words, phrases and clauses are to be applied to the words or phrase immfediately preceding, and are not to be construed as extending to, or including, others more remote.” City of St.
discussed Cited as authority (rule) Le Scampi Condominium Association, Inc. v. Hall
Fla. Dist. Ct. App. · 2016 · confidence medium
Section 9.5(B), on the other hand, provides for the sale, lease, or transfer to persons other than the family members listed in section 9.5(A) but does not describe those actions as “unrestricted.” “Under the principle of statutory construction, expressio unius est ex-clusio alterius, the mention of one thing implies the exclusion of another.” Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
cited Cited as authority (rule) Duclos-Lasnier v. State
Fla. Dist. Ct. App. · 2016 · confidence medium
“In determining that intent ... ‘we look first to the statute’s. plain meaning.’ ” Id. (quoting Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996)).
cited Cited as authority (rule) Duclos-Lasnier v. State
Fla. Dist. Ct. App. · 2016 · confidence medium
"In determining that intent . . . 'we look first to the statute's plain meaning.' " Id. (quoting Moonlit Waters Apartments, Inc. v Cauley, 666 So. 2d 898, 900 (Fla. 1996)).
discussed Cited as authority (rule) Gretna Racing, LLC. v. Department of Business and Prof. etc.
Fla. Dist. Ct. App. · 2015 · confidence medium
“In construing a statute, we look first to the statute’s plain meaning.” Moonlit Waters Apts., Inc. v. Cauley, 666 So. 2d 898, 900 (Fla. 1996). “[R]elative and qualifying words, phrases and clauses are to be applied to the words or phrase immediately preceding, and are not to be construed as extending to, or including, others more remote.” City of St.
discussed Cited as authority (rule) Delong v. Florida Fish & Wildlife Conservation Commission
Fla. Dist. Ct. App. · 2014 · confidence medium
Nat’l Prop., 106 So.3d 997, 1000 (Fla. 3d DCA 2013) (quoting Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996) (“Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another.”)).
cited Cited as authority (rule) State v. Sanchez
Fla. Dist. Ct. App. · 2014 · confidence medium
Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
discussed Cited as authority (rule) Kelvin Bourke v. Grey Wolf Drilling Company, LP, Now Known as Precision Drilling Company, LP
Wyo. · 2013 · confidence medium
Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996) ("Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another."); Radalj v. Union Sav. & Loan Ass'n, 59 Wyo. 140, 176-77 , 138 P.2d 984, 996 (1943) ("There is an old maxim 'noscitur a sociis' (it is known by its associates)").
cited Cited as authority (rule) Allen v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
In determining that intent, “we look first to the statute’s plain meaning.” Id. (quoting Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996)).
cited Cited as authority (rule) Lawnwood Medical Center Inc. v. Sadow
Fla. Dist. Ct. App. · 2010 · confidence medium
Golf Channel v. Jenkins, 752 So.2d 561, 564 (Fla.2000); Moonlit Waters Apts., Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996). .
cited Cited as authority (rule) Florida Power & Light Co. v. Florida Public Service Commission
Fla. Dist. Ct. App. · 2010 · confidence medium
Id. (quoting Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996)).
discussed Cited as authority (rule) Demings v. Orange County Citizens Review Board
Fla. Dist. Ct. App. · 2009 · confidence medium
Legal Analysis A. Plain Meaning of Section 112.533, Florida Statutes. “[I]n construing a statute, the courts must ‘look first to the statute’s plain meaning.’ ” Hennis v. City Tropics Bistro, Inc., 1 So.3d 1152, 1156 (Fla. 5th DCA 2009) (quoting Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996)).
cited Cited as authority (rule) Hennis v. City Tropics Bistro, Inc.
Fla. Dist. Ct. App. · 2009 · confidence medium
In that regard, in construing a statute, the courts must “look first to the statute’s plain meaning.” Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
discussed Cited as authority (rule) Burchfield v. Realty Executives
Fla. Dist. Ct. App. · 2007 · confidence medium
"Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another." Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
discussed Cited as authority (rule) State v. Kilgore
Fla. · 2007 · confidence medium
Co., 753 So.2d 80, 85 (Fla.2000) ("Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another." (quoting Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996))); Thayer v. State, 335 So.2d 815, 817 (Fla.1976) ("Hence, where a statute enumerates the things on which it is to operate, or forbids certain things, it is ordinarily to be construed as excluding from its operation all those not expressly mentioned." (citing Ideal Farms Drainage Dist. v. Certain Lands, 154 Fla. 554 , 19 So.2d 234 (194…
discussed Cited as authority (rule) Humane Soc. of Broward v. Fl Humane Soc.
Fla. Dist. Ct. App. · 2007 · confidence medium
In determining that legislature's intent, the supreme court has explained that "`we look first to the statute's plain meaning.'" Knowles v. Beverly Enters. — Fla., Inc., 898 So.2d 1, 6 (Fla.2004) (citing Moonlit Waters Apart., Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996)).
cited Cited as authority (rule) Hess v. Walton
Fla. Dist. Ct. App. · 2005 · confidence medium
In determining that intent, we have explained that "we look first to the statute's plain meaning." Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
discussed Cited as authority (rule) Malu v. SECURITY NAT. INS. CO.
Fla. · 2005 · confidence medium
Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996) ("Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another.").
cited Cited as authority (rule) Knowles v. Beverly Enterprises-Florida
Fla. · 2004 · confidence medium
In determining that intent, we have explained that "we look first to the statute's plain meaning." Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
cited Cited as authority (rule) State v. City of Clearwater
Fla. · 2003 · confidence medium
"In construing a statute, we look first to the statute's plain meaning." Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
discussed Cited as authority (rule) Pichowski v. Florida Gas Transmission Co.
Fla. Dist. Ct. App. · 2003 · confidence medium
Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996) (reiterating that in construing a statute, courts look first to the statute's plain meaning, and courts also apply the principle of expressio unius est exclusio alterius, that is, the mention of one thing in a statute implies the exclusion of another).
discussed Cited as authority (rule) Padilla v. Liberty Mut. Ins. Co.
Fla. Dist. Ct. App. · 2003 · confidence medium
Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996)("Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another."). 848 So.2d at 374 We fully agree with Judge Klein's sound analysis in Malu , and, adopting that reasoning as our own, also hold that § 627.736(1)(a), Florida Statutes does not provide for payment of the automobile transportation expenses at issue.
discussed Cited as authority (rule) Grenitz v. Tomlian
Fla. · 2003 · confidence medium
Indeed, the "practice of psychology" is defined in section 490.003(4) to include only the diagnosis and treatment of " the psychological aspects of physical illness, accident, injury, or disability, including neuropsychological evaluation, diagnosis, prognosis, etiology, and treatment." (Emphasis supplied.) "Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another." Moonlit Waters Apartments Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
discussed Cited as authority (rule) Malu v. SECURITY NAT. INS. CO.
Fla. Dist. Ct. App. · 2003 · confidence medium
Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996)("Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another.").
cited Cited as authority (rule) Florida Convalescent Centers v. Somberg
Fla. · 2003 · confidence medium
When the Court construes a statute, "we look first to the statute's plain meaning." Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla. 1996).
cited Cited as authority (rule) Reynolds v. State
Fla. · 2002 · confidence medium
See, e.g., Hawkins v. Ford Motor Co., 748 So.2d 993, 997 (Fla.1999); Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
cited Cited as authority (rule) State v. JM
Fla. · 2002 · confidence medium
Further, we have explained that when the Court construes a statute, "we look first at the statute's plain meaning." Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
cited Cited as authority (rule) State v. J.M.
Fla. · 2002 · confidence medium
Further, we have explained that when the Court construes a statute, “we look first at the statute’s plain meaning.” Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
discussed Cited as authority (rule) Young v. Progressive Southeastern Ins. Co.
Fla. · 2000 · confidence medium
"Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another." Moonlit Waters Apartments Inc. v. Cauley, 666 So.2d 898, 900 (Fla. 1996).
discussed Cited "see" Fair Insurance Rates In Monroe, Inc. v. Office of Insurance Regulation
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Moonlit Waters Apartments, Inc. v. Cauley, 666 So. 2d 898, 900 (Fla. 1996) (applying the canon of statutory construction expressio unius est exclusio alterius).
discussed Cited "see" Brock v. Garner Window & Door Sales, Inc. (2×)
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Moonlit Waters Apartments, Inc. v. Cauley, 666 So. 2d 898, 900 (Fla. 1996) (Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another." (citing Bergh v. Stephens, 175 So. 2d 787 (Fla. 1st DCA 1965))).
discussed Cited "see" Osborne v. Dumoulin
Fla. · 2011 · signal: see · confidence high
See Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996) (stating statutory construction principle of “expressio uni-us est exclusio alteráis,” i.e., “the mention of one thing implies the exclusion of another”).
cited Cited "see" Tatum v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898 (Fla.1996).
discussed Cited "see" J.S. v. S.A.
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898 (Fla.1996) (relying on principle of statutory construction, expressio unius est exclusio alterius, mention of one thing implies exclusion of another).
discussed Cited "see" Js v. Sa
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898 (Fla.1996) (relying on principle of statutory construction, expressio unius est exclusio alterius, mention of one thing implies exclusion of another).
cited Cited "see" Rotemi Realty, Inc. v. Act Realty Co., Inc.
Fla. · 2005 · signal: see · confidence high
See Grenitz v. Tomlian , 858 So.2d 999 , 1002 (Fla. 2003) (quoting Moonlit Waters Apartments, Inc. v. Cauley , 666 So.2d 898 , 900 (Fla. 1996)).
cited Cited "see" Closet Maid v. Sykes
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898 (Fla.1996); Acosta v. Richter, 671 So.2d 149 (1996).
discussed Cited "see" Metropolitan Dade County v. Milton (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898 (Fla. 1996).
discussed Cited "see, e.g." Catalina West Homeowners Association, Inc. v. Federal National Mortgage Association
Fla. Dist. Ct. App. · 2016 · signal: see also · confidence medium
Hence, where a statute enumerates the things on which it is to operate, or forbids certain things, it is ordinarily to be construed as excluding from its operation' all those not expressly mentioned.”); see also Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996) (“Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another.”); cf. Haskins v. City of Ft.
discussed Cited "see, e.g." Subirats v. Fidelity National Property
Fla. Dist. Ct. App. · 2013 · signal: see also · confidence medium
Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005); see also Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996) (“Under the principle of statutory construction, expressio unius est exclusio al-teráis, the mention of one thing implies the exclusion of another.”).
discussed Cited "see, e.g." Turnberry Investments, Inc. v. Streatfield
Fla. Dist. Ct. App. · 2010 · signal: see also · confidence medium
Co., 911 So.2d 241, 244 (Fla. 3d DCA 2005); see Zuckerman v. Alter, 615 So.2d 661, 663 (Fla.1993) (“Words of common usage, when employed in a statute, should be construed in their plain and ordinary sense.”); see also Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996).
MOONLIT WATERS APARTMENTS, INC., Petitioner,
v.
Joseph J. CAULEY, Respondent.
85489.
Supreme Court of Florida.
Jan 25, 1996.
666 So. 2d 898
Grimes.
Cited by 55 opinions  |  Published

[*899] Harvey K. Mattel, Fort Lauderdale, for Petitioner.

Michael T. Burke and Christine M. Duignan of Johnson, Anselmo, Murdoch, Burke & George, Fort Lauderdale, for Respondent.

GRIMES, Chief Justice.

We have for review Moonlit Waters Apartments, Inc. v. Cauley, 651 So.2d 1269 (Fla. 4th DCA 1995), wherein the district court of appeal certified the following question to be of great public importance:

WHETHER SECTION 719.401(1)(f)1 APPLIES TO AN EXISTING LONG TERM GROUND LEASE ENTERED INTO AT ARM'S LENGTH UPON WHICH ALL IMPROVEMENTS OF A COOPERATIVE APARTMENT COMPLEX HAVE BEEN CONSTRUCTED.

Id. at 1271.

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Moonlit Waters Apartments, Inc. (Moonlit Waters) is the governing association of a twenty-unit cooperative apartment building with a pool, a dock, and parking areas, all on three subdivision lots on the east side of the intracoastal waterway in Broward County. Moonlit Waters has a 99-year ground lease, which commenced in 1965, providing for annual rental payments adjusted at ten-year intervals based upon changes in the consumer price index. Joseph J. Cauley is lessor of the property, as trustee for the owner. In 1991, Moonlit Waters informed Cauley that it wished to purchase the entire property, pursuant to section 719.401(1)(f)1, Florida Statutes (1991), which requires a lease of recreational or other commonly used facilities, entered into before the unit owners receive control of the association, to include an option to purchase. Cauley refused to enter into negotiations with Moonlit Waters to sell the property.

Moonlit Waters filed a motion to appoint an arbitrator to decide upon a sales price for the property, pursuant to section 719.401(1)(f)1. The circuit court denied the motion, finding that the statute violated the United States and Florida constitutions. The court reasoned that appointing an arbitrator would violate Cauley's due process rights by denying him the opportunity to retain property in which he has a vested right. The Fourth District Court of Appeal declined to reach the constitutional issue, finding that the statute applies only to a lease of recreational or other commonly used facilities, and does not apply to an all-encompassing underlying land lease. Moonlit Waters Apartments, Inc., 651 So.2d at 1270.

Section 719.401(1)(f)1 provides in pertinent part: "A lease of recreational or other commonly used facilities entered into by the [cooperative] association or unit owners prior to the time the control of the association is turned over to unit owners other than the developer shall grant to the lessee an option to purchase the leased property... ."

[*900] In construing a statute, we look first to the statute's plain meaning. Lamont v. State, 610 So.2d 435 (Fla. 1992). Section 719.401(1)(f)1 applies to leases "of" recreational or other commonly used facilities, not to land leases "including" recreational or other commonly used facilities. The language of section 719.401(1)(f)1 is unambiguous. Section 719.401(1)(f)1 does not apply to land leases. The subject lease is a land lease encompassing all of the Moonlit Waters development, and is therefore beyond the scope of section 719.401(1)(f)1.

Our conclusion is buttressed by the fact that section 719.4015(1), Florida Statutes (1993), specifically declares void, for public policy reasons, "the inclusion or enforcement of escalation clauses in land leases or other leases or agreements for recreation facilities, land or other commonly used facilities." Section 719.401(1)(f)1 makes no reference to land leases. Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another. Bergh v. Stephens, 175 So.2d 787 (Fla. 1st DCA 1965).

Accordingly, we answer the certified question in the negative and approve the decision of the court below.

It is so ordered.

OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.