The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 697
INSTRUMENTS DEEMED MORTGAGES AND THE NATURE OF A MORTGAGE

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F.S. 697.01

697.01 Instruments deemed mortgages.—

(1) All conveyances, obligations conditioned or defeasible, bills of sale or other instruments of writing conveying or selling property, either real or personal, for the purpose or with the intention of securing the payment of money, whether such instrument be from the debtor to the creditor or from the debtor to some third person in trust for the creditor, shall be deemed and held mortgages, and shall be subject to the same rules of foreclosure and to the same regulations, restraints and forms as are prescribed in relation to mortgages.

(2) Provided, however, that no such conveyance shall be deemed or held to be a mortgage, as against a bona fide purchaser or mortgagee, for value without notice, holding under the grantee.

History.—s. 1, Jan. 30, 1838; s. 1, ch. 525, 1853; RS 1981; GS 2494; RGS 3836; CGL 5724; s. 12, ch. 20954, 1941.

F.S. 697.01 on Google Scholar

F.S. 697.01 on Casetext

Amendments to 697.01

Arrestable Offenses / Crimes under Fla. Stat. 697.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 697.01.

Annotations, Discussions, Cases:

Cases from cite.case.law:

A. GREEN, v. SPECIALIZED LOAN SERVICING LLC,, 280 F. Supp. 3d 1349 (M.D. Fla. 2017)

. . . . § 697.01(1) (identifying documents deemed to be mortgages under Florida law); Id. § 697.02 (clarifying . . .

FLORIDA BANKERS ASSOCIATION, v. FLORIDA DEVELOPMENT FINANCE CORPORATION, v., 176 So. 3d 1258 (Fla. 2015)

. . . . § 697.01 (1993). Therefore, a mortgage is a cause of action creating a lien on property. . . .

STATE INVESTMENT HOLDING, INC. v. MERRICK PARTNERSHIP, LLC,, 103 So. 3d 232 (Fla. Dist. Ct. App. 2012)

. . . indebtedness to Merrick and CMA, and as such SIH is entitled to the benefits and protections of section 697.01 . . . or effect of the quit-claim deed, nor whether SIH is entitled to the rights and benefits of section 697.01 . . .

RODRIGUEZ v. GARCO, INC. S., 74 So. 3d 1104 (Fla. Dist. Ct. App. 2011)

. . . loan transaction and the conveyance from the homeowner to the equity purchaser is a mortgage under s. 697.01 . . .

B. BRACE M. v. B. COMFORT a k a D. V. a f k a a ACA, a, 2 So. 3d 1007 (Fla. Dist. Ct. App. 2008)

. . . . § 697.01.” . . . Section 697.01, Florida Statutes (2006), provides that “[a]ll conveyances, obligations conditioned or . . . That is, in asking that the payments be declared a mortgage pursuant to section 697.01, they are asking . . .

BERNSTEIN v. NEW BEGINNINGS TRUSTEE, LLC., 988 So. 2d 90 (Fla. Dist. Ct. App. 2008)

. . . Pursuant to section 697.01(1), Florida Statutes, written instruments conveying or selling property for . . . Florida courts have liberally interpreted section 697.01(1) and, when in doubt, “have leaned in favor . . .

In R. BROOKS, v., 389 B.R. 790 (Bankr. M.D. Fla. 2008)

. . . To support her Motion to Dismiss, the Debtor also filed a Memorandum on Application of Section 697.01 . . . that any transfer of the Property’s title from the Debtor to Hill should be deemed a mortgage under § 697.01 . . . Further, the Debtor’s Counterclaim is based on § 697.01 of the Florida Statutes, entitled “Instruments . . . Hill’s eviction action and the Debtor’s statutory claim under § 697.01 rest solely on state law, and . . . The Debt- or’s Counterclaim is based on § 697.01 of the Florida Statutes. . . .

MINALLA, v. EQUINAMICS CORPORATION,, 954 So. 2d 645 (Fla. Dist. Ct. App. 2007)

. . . considering the legal effect of a real estate transaction or any other business transaction, see § 697.01 . . . Silver, 830 So.2d 224, 225 (Fla. 4th DCA 2002)(“Section 697.01(1), Florida Statutes (2000) provides that . . .

C. FREE, v. FREE, f k a, 936 So. 2d 699 (Fla. Dist. Ct. App. 2006)

. . . . § 697.01, Fla. Stat. (2005); Vandenberg v. . . .

WEBB, v. KIRKLAND,, 899 So. 2d 344 (Fla. Dist. Ct. App. 2005)

. . . This is because an agreement for deed, “under section 697.01, Florida Statutes, is a mortgage and carries . . .

OREGRUND LIMITED PARTNERSHIP, v. D. SHEIVE,, 873 So. 2d 451 (Fla. Dist. Ct. App. 2004)

. . . dismissal of Count VII, which alternately pleaded for a declaration of the deed to be a mortgage, section 697.01 . . .

M. BLANCO, v. I. NOVOA,, 854 So. 2d 672 (Fla. Dist. Ct. App. 2003)

. . . Under section 697.01, Florida Statutes (2003), “[a]ll conveyances, obligations conditioned or defeasible . . .

ROTHSCHILD RESERVE INTERNATIONAL, INC. v. S. SILVER, T., 830 So. 2d 224 (Fla. Dist. Ct. App. 2002)

. . . Section 697.01(1),, Florida Statutes (2000) provides that all instruments of writing, conveying property . . . borrower appeals, arguing that the deed it gave as part of the settlement is a mortgage under section 697.01 . . .

CITY OF PANAMA CITY, a v. HEAD, M. a, 797 So. 2d 1265 (Fla. Dist. Ct. App. 2001)

. . . . § 697.01 (1993). Therefore, a mortgage is a cause of action creating a lien on property. . . .

BOWMAN, Jr. v. L. SALTSMAN, Jr., 736 So. 2d 144 (Fla. Dist. Ct. App. 1999)

. . . a classic, if somewhat complicated by the tax consideration, agreement for deed and, under section 697.01 . . .

VANDENBERG, v. D. WELLS,, 721 So. 2d 453 (Fla. Dist. Ct. App. 1998)

. . . Section 697.01, Florida Statutes, provides: 697.01 Instruments deemed mortgages.— (1) All conveyances . . . foreclosure and to the same regulations, restraints and forms as are prescribed in relation to mortgages. § 697.01 . . . This Court has held that under section 697.01(1), an agreement for deed is deemed a mortgage. . . .

In L. TANNER, L. TANNER, v. FIRSTPLUS FINANCIAL INC. f k a, 223 B.R. 379 (Bankr. M.D. Fla. 1998)

. . . . § 697.01(1) provides: "[a]ll conveyances, obligations conditioned or defeasible, bills of sale of other . . .

MUINA, v. CANNING, 717 So. 2d 550 (Fla. Dist. Ct. App. 1998)

. . . See also § 697.01, Florida Statutes (1995). . . .

KIRKLAND, v. E. MILLER, s, 702 So. 2d 620 (Fla. Dist. Ct. App. 1997)

. . . Section 697.01, Florida Statutes (1985), provides: 697.01 Instruments deemed mortgages.-(1) All conveyances . . . foreclosure and to the same regulations, restraints and forms as are prescribed in relation to mortgages. § 697.01 . . . Kirkland each intended that the conveyance would secure the payment of money, as provided in section 697.01 . . .

A. VALK, v. J. E. M. DISTRIBUTORS OF TAMPA BAY, INC. KWPH,, 700 So. 2d 416 (Fla. Dist. Ct. App. 1997)

. . . In paragraph 16 of the order, the court quoted section 697.01, Florida Statutes (1995), to the effect . . . The same is true of the premise for that finding, i.e., that under section 697.01 Valk’s lease was, in . . . the trial court’s conclusion was that Valk’s lease must be treated as a mortgage by virtue of section 697.01 . . .

O. ZIPPERER, Jr. v. CITY OF FORT MYERS, a No. No. No. No. No. No. a, 41 F.3d 619 (11th Cir. 1995)

. . . . § 697.01 (1993). Therefore, a mortgage is a cause of action creating a hen on property. . . .

DENTON, v. B. GETSON, B. P. A. a a, 637 So. 2d 82 (Fla. Dist. Ct. App. 1994)

. . . It would be premature to consider whether the language on the note is sufficient to satisfy section 697.01 . . .

In KAVOLCHYCK BARNETT BANK OF SOUTH FLORIDA, N. A. v. S. WEITZNER,, 164 B.R. 1018 (S.D. Fla. 1994)

. . . . §§ 697.01 and 701.02, and that Barnett Bank, by filing under the UCC, did not properly perfect its . . .

M. KUBANY v. D. WOODS,, 622 So. 2d 22 (Fla. Dist. Ct. App. 1993)

. . . . § 697.01(1), Fla.Stat. (1991); Adkinson at 615. . . .

L. LUNEKE, L. v. M. BECKER,, 621 So. 2d 744 (Fla. Dist. Ct. App. 1993)

. . . See § 697.01, Fla.Stat. (1991); First Fed. Savings & Loan Ass’n of Ft. Myers v. . . .

In KAVOLCHYCK S. WEITZNER, v. GOLDMAN, 154 B.R. 793 (Bankr. S.D. Fla. 1993)

. . . . § 697.01 (defining mortgages). . . .

BARNETT BANK OF SOUTH FLORIDA, v. STATE DEPARTMENT OF REVENUE,, 571 So. 2d 527 (Fla. Dist. Ct. App. 1990)

. . . More importantly, at the time the Legislature amended Section 201.08(1) to include mortgages, Section 697.01 . . . At the time of the 1977 amendments, Section 697.01(1) was in existence and defined mortgages as being . . . Section 697.01(1) provides: 697.01 Instruments deemed mortgages.— (1) All conveyances, obligations conditioned . . .

In O CONNELL, W. GRANT, v. P. PODES, 119 B.R. 311 (Bankr. M.D. Fla. 1990)

. . . . § 697.01 (1989). . . .

WHITE, v. T. H. BROUSSEAU,, 566 So. 2d 832 (Fla. Dist. Ct. App. 1990)

. . . These equitable principles are codified in section 697.01(1), Florida Statutes, which provides as follows . . . : 697.01 Instruments deemed mortgages.— (1) All conveyances, obligations conditioned or defeasible, bills . . . O’Steen. .See § 697.01(1), Fla.Stat. . Adkinson v. Nyberg, 344 So.2d 614 (Fla. 2d DCA 1977). . . . .

SOMMER v. PENNISI, 48 Fla. Supp. 2d 197 (Fla. Cir. Ct. 1990)

. . . Florida Statutes Section 697.01(1) provides: All conveyances, . . . bills of sale or other instruments . . . However, the Florida courts have liberally construed Florida Statutes Section 697.01 to include arrangements . . . The Florida legislature enacted the statutory section currently numbered as Florida Statutes Section 697.01 . . . hereby declared to be a promissory note and mortgage within the meaning of Florida Statutes Section 697.01 . . .

DEPARTMENT OF REVENUE, STATE FLORIDA, v. SUN BANK,, 556 So. 2d 1154 (Fla. Dist. Ct. App. 1990)

. . . Rule 12B-4.052(7) and section 697.01(1) both provide that “all conveyances, obligations conditioned or . . .

In DALTON, M. W. PUTNEY, v. H. DALTON M., 90 B.R. 519 (Bankr. M.D. Fla. 1988)

. . . Defendants’ position is based in part on § 697.01, Florida Statutes (“Instruments Deemed Mortgages”) . . . Those statutes provide: 697.01 Instruments Deemed Mortgages— (1) All conveyances, obligations conditioned . . .

In ALOMA SQUARE, INC., 85 B.R. 623 (Bankr. M.D. Fla. 1988)

. . . assignment was given for the purpose of securing the payment of money, it falls within the ambit of § 697.01 . . . for as long as that assignment secures a debt, it is deemed subject to the rules of foreclosure. § 697.01 . . .

J. A. TERRY, A. A. A. d b a v. JOHNSON, J., 513 So. 2d 1315 (Fla. Dist. Ct. App. 1987)

. . . underlying document was in the nature of a mortgage or security instrument within the meaning of section 697.01 . . . The Terrys urge the view that section 697.01 armed the Johnsons with an affirmative defense but it was . . . Thus, the trial court properly considered the section 697.01 defense raised for the first time by the . . .

J. PURCELL S. v. C. WILLIAMS, A. D., 511 So. 2d 1080 (Fla. Dist. Ct. App. 1987)

. . . Section 697.01(1), Florida Statutes (1985), provides: All conveyances, obligations conditioned or defeasible . . .

H. ARMBRISTER, v. ROLAND INTERNATIONAL CORP., 667 F. Supp. 802 (M.D. Fla. 1987)

. . . . § 697.01 Fla.Stat. (1985). See Jasper v. . . .

J. TURNER, v. C. WHEELER,, 498 So. 2d 1039 (Fla. Dist. Ct. App. 1986)

. . . or with the intention of securing the payment of money shall be deemed and held mortgages, Section 697.01 . . .

HIALEAH, INC. a v. DADE COUNTY, a B. L., 490 So. 2d 998 (Fla. Dist. Ct. App. 1986)

. . . Under section 697.01, Florida Statutes (1985), an instrument must be construed as a mortgage if, when . . . to parts II, III and V of chapter 159, shall be deemed to be owned for purposes of this section. . 697.01 . . .

WILLIAMS, Jr. v. ROUNDTREE, Jr., 478 So. 2d 1171 (Fla. Dist. Ct. App. 1985)

. . . Section 697.01(1), Florida Statutes, allows a court to interpret an instrument in the form of a deed . . . absolute as a mortgage: 697.01 Instruments deemed mortgages. (1) All conveyances ... or other instruments . . .

HIALEAH, INC. v. DADE COUNTY,, 11 Fla. Supp. 2d 134 (Fla. Cir. Ct. 1985)

. . . Section 697.01(1), Florida Statutes (1983), requires that any instrument conveying real property for . . .

P. RICARD, v. EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES,, 462 So. 2d 592 (Fla. Dist. Ct. App. 1985)

. . . circumstances of this case, the contract is one of those instruments deemed a mortgage under section 697.01 . . .

In OFFSHORE DEVELOPMENT CORP. BEAUSEJOUR CORPORATION, v. OFFSHORE DEVELOPMENT CORP., 37 B.R. 96 (Bankr. M.D. Fla. 1984)

. . . . § 697.01 (1981) which states as follows: § 697.01 (1) All conveyances, obligations conditioned or defeasible . . .

J. CINQUE v. BUSCHLEN,, 442 So. 2d 1034 (Fla. Dist. Ct. App. 1983)

. . . Section 697.01, Florida Statutes (1979), provides in pertinent part: “All conveyances ... or other instruments . . .

In F M ENTERPRISES, INC. COSTELLO, v. F M ENTERPRISES, INC., 34 B.R. 211 (Bankr. M.D. Fla. 1983)

. . . order construing the relevant documents as a mortgage on the real estate pursuant to Florida Statute § 697.01 . . . should be construed as a mortgage to reflect the intent of the parties pursuant to Florida Statutes § 697.01 . . . which provides as follows: “697.01. . . . Section 697.01(1), Florida Statutes (1981). . . . its face appears to be a conveyance, should be deemed to be a mortgage pursuant to Florida Statute § 697.01 . . .

CAIN BULTMAN, INC. a v. MISS SAM, INC. a A. J., 409 So. 2d 114 (Fla. Dist. Ct. App. 1982)

. . . constituted a security device, that the contract constituted a mortgage within the meaning of section 697.01 . . . loan, the deed and agreement for deed together constitute a mortgage within the purview of section 697.01 . . .

SMITH, v. J. POTTER,, 406 So. 2d 1231 (Fla. Dist. Ct. App. 1981)

. . . Under these allegations of the complaint, the deed could be deemed a mortgage under section 697.01(1) . . .

In ALL AMERICAN HOLDING CORP. ATLAS MOTOR INNS, INC. a v. ALL AMERICAN HOLDING CORP. a, 8 B.R. 459 (Bankr. S.D. Fla. 1981)

. . . Many states, such as Florida (§ 697.01 F.S. . . .

In GARFINKLE, KATZ, v. J. WEIL,, 577 F.2d 906 (5th Cir. 1978)

. . . . § 697.01. Redemptive rights under such a mortgage are not cut off without a proper foreclosure. . . . Fla.Stat.Ann. § 697.01. . . . By its own terms Fla.Stat.Ann. § 697.01 applies to the conveyance of real as well as personal property . . . Section 697.01 makes clear that the test is the intention of the parties. . . .

F. ADKINSON D. v. NYBERG,, 344 So. 2d 614 (Fla. Dist. Ct. App. 1977)

. . . Section 697.01, Florida Statutes; Mid-State Investment Corporation v. . . .

W. COOK v. MERRIFIELD E., 335 So. 2d 297 (Fla. Dist. Ct. App. 1976)

. . . language as the contract now before us must be deemed to be a mortgage under the provisions of Section 697.01 . . .

W. v. D. a k a E. Jr., 323 So. 2d 35 (Fla. Dist. Ct. App. 1975)

. . . See F.S., § 697.01. . . .

TORCISE v. A. PEREZ, 319 So. 2d 41 (Fla. Dist. Ct. App. 1975)

. . . Section 697.01(1), Fla.Stat., F.S.A., provides as follows: “All conveyances, obligations conditioned . . . our opinion the contracts for deed were clearly intended to secure the payment of money and under § 697.01 . . . O’Steen, Fla.App.1961, 133 So.2d 455 (construing § 697.01 Fla.Stat., F.S.A.). . . .

A. HOFFMAN, Jr. v. H. SEMET, 316 So. 2d 649 (Fla. Dist. Ct. App. 1975)

. . . . § 697.01 (1973). . . .

BARR, v. J. SCHLARB, 314 So. 2d 609 (Fla. Dist. Ct. App. 1975)

. . . In F.S. 697.01, the legislature has provided: “All conveyances, obligations conditioned or defeasible . . .

EASTERN FEDERAL CORPORATION, v. ROYAL PARK WEST, INC., 459 F.2d 1391 (5th Cir. 1972)

. . . Florida Statutes § 697.01(1), F.S.A.; Holmberg v. . . .

H L LAND COMPANY, a v. WARNER,, 258 So. 2d 293 (Fla. Dist. Ct. App. 1972)

. . . . § 697.01, F.S.A., the safeguards for the debtor and the remedies for the creditor are the same as those . . .

BRITISH LAW INSURANCE CO. v. JOVAN CORPORATION,, 229 So. 2d 603 (Fla. Dist. Ct. App. 1969)

. . . See § 697.01, Fla.Stat, F.S.A.; Marcus v. Hull, 142 Fla. 306, 195 So. 170 (1940); and Foster v. . . .

A. FERRARO, v. L. PARKER, L. C. A. J., 229 So. 2d 621 (Fla. Dist. Ct. App. 1969)

. . . . § 697.01, F.S.A.; and he is entitled to a declaration thereof for purposes of preserving any right . . . latter regard, I would concede that if the aforesaid “assignment” was a “pledge” agreement, then § 697.01 . . .

FOUR STAR AVIATION, INC. v. UNITED STATES, 409 F.2d 292 (5th Cir. 1969)

. . . . §§ 697.01, 697.-02, and the mortgagee may acquire the right of possession of a mortgaged chattel on . . .

NISSIM HADJES, INC. a v. Di COSTANZO,, 197 So. 2d 602 (Fla. Dist. Ct. App. 1967)

. . . from Richards Land Development Corporation to Di Costanzo, as trustee, constitutes a mortgage under 697.01 . . . Section 697.01 F.S.A. provides: “All conveyances * * * or other instruments * * * conveying * * * property . . .

H. CLARK, a v. J. HOWARD,, 192 So. 2d 302 (Fla. Dist. Ct. App. 1966)

. . . Section 697.01, Florida Statutes, F.S.A.: “All conveyances, obligations conditioned or defeasible, bills . . .

B. BOYETTE, v. RELIABLE FINANCE COMPANY, a, 184 So. 2d 200 (Fla. Dist. Ct. App. 1966)

. . . This Court pointed out in its opinion that § 697.01, Fla.Stats., F.S.A., provides that all mortgages, . . .

FIRST MORTGAGE CORPORATION OF STUART, a v. L., 177 So. 2d 741 (Fla. Dist. Ct. App. 1965)

. . . Plaintiff contends that these instruments fall within the provisions of § 697.01, Fla. . . . The statute in question, § 697.01, Fla.Stat., F.S.A., is to be liberally construed. Torreyson v. . . . that they were given for the purpose of securing the payment of money and fall within the purview of § 697.01 . . .

J. JONES, a k a J. v. J. WHITE,, 144 So. 2d 1 (Fla. Dist. Ct. App. 1962)

. . . This litigation was commenced on authority of Chapter 697.01, Fla.Stat., F.S.A., which reads, in part . . .

BEMORT, INC. a v. DEERFIELD BEACH BANK, a, 134 So. 2d 28 (Fla. Dist. Ct. App. 1961)

. . . The defendant claims that Sections 697.01 and 698.03, Florida Statutes, F.S.A., prohibits a private power . . . If this instrument is then taken as a mortgage, it must come within Section 697.01 of the Florida Statutes . . .

MID- STATE INVESTMENT CORPORATION, v. C. B. O STEEN O, 133 So. 2d 455 (Fla. Dist. Ct. App. 1961)

. . . we hold, that the contract involved in this appeal falls within the ken of the provisions of Section 697.01 . . . , Florida Statutes, F.S.A., which reads in pertinent part: “697.01 Instruments deemed mortgages “All . . .

W. McLENDON, v. DAVIS V., 131 So. 2d 765 (Fla. Dist. Ct. App. 1961)

. . . Further, by the provision of § 697.01, Fla.Stat., F.S.A., all instruments conveying or selling property . . .

MIAMI STATION, INC. a v. COPLAN PIPE SUPPLY CO. a, 128 So. 2d 170 (Fla. Dist. Ct. App. 1961)

. . . Section 697.01, Fla. . . .

CONNER AIR LINES, INC. F. A. v. AVIATION CREDIT CORPORATION, L. B. L. B. AVIATION CREDIT CORPORATION, v. CONNER AIR LINES, INC. F. A. G., 280 F.2d 895 (5th Cir. 1960)

. . . . § 697.01. . Laws of Fla. Acts of 1925, Ch. 10096. . Laws of Fla. . . .

WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY, v. S. KNUDSEN, As S. KNUDSEN, As v. WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY,, 275 F.2d 440 (5th Cir. 1960)

. . . title to the property and was not a mortgage as claimed by the Trustee under the provisions of Section 697.01 . . .

UNITED STATES v. DE LUCIA,, 262 F.2d 610 (7th Cir. 1958)

. . . there was at least $300,-000 on hand and the Government’s position that there was no more than $48,-697.01 . . .

S. KINNEY, W. v. MOSHER, V. B., 100 So. 2d 644 (Fla. Dist. Ct. App. 1958)

. . . . § 697.01, F.S.A. See: Marcus v. Hull, 142 Fla. 306, 195 So. 170; Cary & Co. v. . . .

H. ERSTLING, M. v. TRINITY WESLEYAN METHODIST CHURCH, a, 100 So. 2d 74 (Fla. Dist. Ct. App. 1958)

. . . Chancellor in this cause determined that a deed was' in actuality a mortgage under Section 697.01, Fla.Stat . . .

J. MEARS v. MAYBLUM,, 96 So. 2d 223 (Fla. 1957)

. . . instrument designed to secure a debt and regardless of its title was a mortgage under the provisions of Sec. 697.01 . . .

A. C. THOMAS, Jr. D. v. L. C. THOMAS B., 96 So. 2d 771 (Fla. 1957)

. . . C., in view of the provision of Section 697.01, Fla.Stat. 1955, F.S.A., that “All conveyances * * conveying . . . The statute in question, Sec. 697.01, supra, should be liberally construed, Torreyson v. . . .

SAM D. BENNETT v. ORANGE STATE OIL COMPANY, a ESTHER L. POWERS, 159 Fla. 440 (Fla. 1947)

. . . to hold that the conveyance by lease to Orange State Oil Company comes within the purview of Section 697.01 . . .

EDITH STILLINGS HAVILL, a EDITH STILLINGS HAVILL, v. WESLEY HOUSER,, 157 Fla. 763 (Fla. 1946)

. . . Statutes, 1941 (same FSA), it follows that the instrument comes within the purview of Section 697.01 . . .

SAM. D. BENNETT v. ORANGE STATE OIL COMPANY, a, 157 Fla. 882 (Fla. 1946)

. . . Bennett contended that his sub-lease was within the purview of Sec. 697.01 Fla. . . .