Florida Statute 713.23 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

View Entire Chapter

F.S. 713.23

713.23 Payment bond.—

(1)(a) The payment bond required to exempt an owner under this part shall be furnished by the contractor in at least the amount of the original contract price before commencing the construction of the improvement under the direct contract, and a copy of the bond shall be attached to the notice of commencement when the notice of commencement is recorded. The bond shall be executed as surety by a surety insurer authorized to do business in this state and shall be conditioned that the contractor shall promptly make payments for labor, services, and material to all lienors under the contractor’s direct contract. Any form of bond given by a contractor conditioned to pay for labor, services, and material used to improve real property shall be deemed to include the condition of this subsection.

(b) The owner, contractor, or surety shall furnish a true copy of the bond at the cost of reproduction to any lienor demanding it. Any person who fails or refuses to furnish the copy without justifiable cause shall be liable to the lienor demanding the copy for any damages caused by the refusal or failure.

(c) Before beginning or within 45 days after beginning to furnish labor, materials, or supplies, a lienor who is not in privity with the contractor, except a laborer, shall serve the contractor with notice in writing that the lienor will look to the contractor’s bond for protection on the work. If a notice of commencement with the attached bond is not recorded before commencement of construction, the lienor not in privity with the contractor may, in the alternative, elect to serve the notice to the contractor up to 45 days after the date the lienor is served with a copy of the bond. A notice to owner pursuant to s. 713.06 that has been timely served on the contractor satisfies the requirements of this paragraph. However, the limitation period for commencement of an action on the payment bond as established in paragraph (e) may not be expanded. The notice may be in substantially the following form and may be combined with a notice to owner given under s. 713.06 and, if so, may be entitled “NOTICE TO OWNER/NOTICE TO CONTRACTOR”:

NOTICE TO CONTRACTOR

To: (name and address of contractor)

The undersigned hereby informs you that he or she has furnished or is furnishing services or materials as follows:

(general description of services or materials) for the improvement of the real property identified as (property description) under an order given by (lienor’s customer) .

This notice is to inform you that the undersigned intends to look to the contractor’s bond to secure payment for the furnishing of materials or services for the improvement of the real property.

(name of lienor)

(signature of lienor or lienor’s representative)

(date)

(lienor’s address)

(d) In addition, a lienor who has not received payment for furnishing his or her labor, services, or materials must, as a condition precedent to recovery under the bond, serve a written notice of nonpayment on the contractor and a copy of the notice of nonpayment on the surety. The notice of nonpayment must be under oath and served during the progress of the work or thereafter, but may not be served later than 90 days after the final furnishing of labor, services, or materials by the lienor, or, with respect to rental equipment, later than 90 days after the date the rental equipment was on the site of the improvement and available for use. A notice of nonpayment that includes sums for retainage must specify the portion of the amount claimed for retainage. The required notice satisfies this condition precedent with respect to the payment described in the notice of nonpayment, including unpaid finance charges due under the lienor’s contract, and with respect to any other payments which become due to the lienor after the date of the notice of nonpayment. The time period for serving a notice of nonpayment is measured from the last day of furnishing labor, services, or materials by the lienor and may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. The failure of a lienor to receive retainage sums not in excess of 10 percent of the value of labor, services, or materials furnished by the lienor is not considered a nonpayment requiring the service of the notice provided under this paragraph. If the payment bond is not recorded before commencement of construction, the time period for the lienor to serve a notice of nonpayment may, at the option of the lienor, be calculated from the date specified in this section or the date the lienor is served a copy of the bond. However, the limitation period for commencement of an action on the payment bond as established in paragraph (e) may not be expanded. The negligent inclusion or omission of any information in the notice of nonpayment that has not prejudiced the contractor or surety does not constitute a default that operates to defeat an otherwise valid bond claim. A lienor who serves a fraudulent notice of nonpayment forfeits his or her rights under the bond. A notice of nonpayment is fraudulent if the lienor has willfully exaggerated the amount unpaid, willfully included a claim for work not performed or materials not furnished for the subject improvement, or prepared the notice with such willful and gross negligence as to amount to a willful exaggeration. However, a minor mistake or error in a notice of nonpayment, or a good faith dispute as to the amount unpaid, does not constitute a willful exaggeration that operates to defeat an otherwise valid claim against the bond. The service of a fraudulent notice of nonpayment is a complete defense to the lienor’s claim against the bond. The notice under this paragraph must include the following information, current as of the date of the notice, and must be in substantially the following form:

NOTICE OF NONPAYMENT

To: (name of contractor and address)

(name of surety and address)

The undersigned lienor notifies you that:

1. The lienor has furnished (describe labor, services, or materials) for the improvement of the real property identified as (property description) . The corresponding amount unpaid to date is $ , of which $ is unpaid retainage.

2. The lienor has been paid to date the amount of $ for previously furnishing (describe labor, services, or materials) for this improvement.

3. The lienor expects to furnish (describe labor, services, or materials) for this improvement in the future (if known), and the corresponding amount expected to become due is $ (if known).

I declare that I have read the foregoing Notice of Nonpayment and that the facts stated in it are true to the best of my knowledge and belief.

DATED on , .

(signature and address of lienor)

STATE OF FLORIDA

COUNTY OF

The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or sworn to (or affirmed) by ☐ online notarization this day of , (year) , by (name of signatory) .

(Signature of Notary Public - State of Florida)

(Print, Type, or Stamp Commissioned Name of Notary Public)

Personally Known OR Produced Identification

Type of Identification Produced

(e) An action for the labor, materials, or supplies may not be instituted or prosecuted against the contractor or surety unless both notices have been given, if required by this section. An action must be instituted or prosecuted against the contractor or against the surety on the bond under this section within 1 year after the performance of the labor or completion of delivery of the materials and supplies. The time period for bringing an action against the contractor or surety on the bond is measured from the last day of furnishing labor, services, or materials by the lienor. The time period may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. A contractor or the contractor’s attorney may elect to shorten the time within which an action to enforce any claim against a payment bond provided under this section or s. 713.245 must be commenced at any time after a notice of nonpayment, if required, has been served for the claim by recording in the clerk’s office a notice in substantially the following form:

NOTICE OF CONTEST OF CLAIM
AGAINST PAYMENT BOND

To: (Name and address of lienor)

You are notified that the undersigned contests your notice of nonpayment, dated , , and served on the undersigned on , , and that the time within which you may file suit to enforce your claim is limited to 60 days after the date of service of this notice.

DATED on , .

Signed: (Contractor or Attorney)

The claim of any lienor upon whom the notice is served and who fails to institute a suit to enforce his or her claim against the payment bond within 60 days after service of the notice is extinguished automatically. The contractor or the contractor’s attorney shall serve, in accordance with s. 713.18, a copy of the notice of contest to the lienor at the address shown in the notice of nonpayment or most recent amendment thereto and shall certify to such service on the face of the notice and record the notice. After the clerk records the notice with the certificate of service, the clerk shall serve, in accordance with s. 713.18, a copy of such recorded notice on the lienor and the contractor or the contractor’s attorney. The clerk of the court shall charge fees for such services as provided by law.

(f) A lienor has a direct right of action on the bond against the surety. Any provision in a payment bond issued on or after October 1, 2012, which further restricts the classes of persons who are protected by the payment bond, which restricts the venue of any proceeding relating to such payment bond, which limits or expands the effective duration of the payment bond, or which adds conditions precedent to the enforcement of a claim against a payment bond beyond those provided in this part is unenforceable. The surety is not entitled to the defense of pro tanto discharge as against any lienor because of changes or modifications in the contract to which the surety is not a party; but the liability of the surety may not be increased beyond the penal sum of the bond. A lienor may not waive in advance his or her right to bring an action under the bond against the surety.

(2) The bond shall secure every lien under the direct contract accruing subsequent to its execution and delivery, except that of the contractor. Every claim of lien, except that of the contractor, filed subsequent to execution and delivery of the bond shall be transferred to it with the same effect as liens transferred under s. 713.24. Record notice of the transfer shall be effected by the contractor, or any person having an interest in the property against which the claim of lien has been asserted, by recording in the clerk’s office a notice, with the bond attached, in substantially the following form:

NOTICE OF BOND

To: (Name and Address of Lienor)

You are notified that the claim of lien filed by you on , , and recorded in Official Records Book at page of the public records of County, Florida, is secured by a bond, a copy being attached.

Signed: (Name of person recording notice)

The notice shall be verified. The person recording the notice of bond shall serve a copy of the notice with a copy of the bond to the lienor at the address shown in the claim of lien, or the most recent amendment to it; shall certify to the service on the face of the notice; and shall record the notice.

(3) A payment bond in substantially the following form shall be sufficient:

PAYMENT BOND

BY THIS BOND We, , as Principal, and , a corporation, as Surety, are bound to , herein called Owner, in the sum of $ for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if Principal:

1. Promptly makes payments to all lienors supplying labor, material, and supplies used directly or indirectly by Principal in the prosecution of the work provided in the contract dated , , between Principal and Owner for construction of , the contract being made a part of this bond by reference; and

2. Pays Owner all loss, damage, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of default by Principal under paragraph 1. of this bond;

then this bond is void; otherwise, it remains in full force.

Any changes in or under the contract documents and compliance or noncompliance with formalities connected with the contract or with the changes do not affect Surety’s obligation under this bond.

DATED on , .

(Principal) (SEAL)

(Surety’s name)

As Attorney in Fact

(4) The provisions of s. 713.24(3) apply to bonds under this section except when those provisions conflict with this section.

(5) A waiver and release of lien pursuant to s. 713.20 given by a lienor shall constitute a waiver and release in a like amount of the lienor’s right to make a claim against a payment bond under this section.

History.—s. 1, ch. 63-135; s. 14, ch. 65-456; s. 35, ch. 67-254; s. 10, ch. 77-353; s. 8, ch. 80-97; s. 5, ch. 87-74; s. 6, ch. 88-397; s. 12, ch. 90-109; s. 812, ch. 97-102; s. 6, ch. 98-135; s. 32, ch. 99-6; s. 8, ch. 99-386; s. 8, ch. 2001-211; s. 10, ch. 2005-227; s. 11, ch. 2012-211; s. 4, ch. 2019-94; s. 12, ch. 2023-226.

Note.—Former s. 84.231.

F.S. 713.23 on Google Scholar

F.S. 713.23 on CourtListener

Amendments to 713.23

Annotations, Discussions, Cases:

Cases Citing Statute 713.23

Total Results: 91

OBS Co., Inc. v. Pace Const. Corp.

558 So. 2d 404, 15 Fla. L. Weekly Supp. 66, 1990 Fla. LEXIS 270, 1990 WL 13585

Supreme Court of Florida | Filed: Feb 15, 1990 | Docket: 1362904

Cited 50 times | Published

applied in accordance with the conditions of section 713.23, Florida Statutes (1983). Guin & Hunt, Inc

Florida Ex Rel. Westinghouse Electric Supply Co. v. Wesley Construction Co.

316 F. Supp. 490, 1970 U.S. Dist. LEXIS 10912

District Court, S.D. Florida | Filed: Jul 15, 1970 | Docket: 1775449

Cited 16 times | Published

bonds which are covered by the provisions of Section 713.23 of the Florida Mechanic's Lien Law. This Court

Ohio Cas. Ins. Co. v. MRK Const., Inc.

602 So. 2d 976, 1992 Fla. App. LEXIS 7459, 1992 WL 157407

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1694036

Cited 15 times | Published

lien, had a valid defense to MRK's action. Section 713.23(1)(f), Florida Statutes (1987), provides that

Stresscon v. Madiedo

581 So. 2d 158, 1991 WL 101183

Supreme Court of Florida | Filed: Jun 13, 1991 | Docket: 1683944

Cited 11 times | Published

be in substantially the following form"); and § 713.23, Fla. Stat. (1987) (notice to contractors, notice

Cooley v. General Elevator Corp. (In Re Advanced Contractors)

44 B.R. 239, 1984 Bankr. LEXIS 4538, 12 Bankr. Ct. Dec. (CRR) 529

United States Bankruptcy Court, M.D. Florida | Filed: Nov 27, 1984 | Docket: 1819130

Cited 11 times | Published

action against the bond pursuant to § 713.06 and § 713.23 Fla.Stat. by timely filing a notice to Owner dated

Hegeman-Harris Co., Inc. v. All State Pipe Supply Co., Inc.

400 So. 2d 1245, 1981 Fla. App. LEXIS 20141

District Court of Appeal of Florida | Filed: Jun 10, 1981 | Docket: 1263123

Cited 11 times | Published

on bonded and unbonded jobs alike. NOTES [1] § 713.23, Fla. Stat. (1977). [2] § 627.756(2), Fla. Stat

Lumbermens Mutual Casualty Co. v. Snellgrove (In Re Snellgrove)

15 B.R. 149, 5 Collier Bankr. Cas. 2d 726, 1981 Bankr. LEXIS 2669

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 30, 1981 | Docket: 1848416

Cited 10 times | Published

that plaintiff's cause of action is barred by § 713.23, Florida Statutes, a statute of limitation, and

Goldberger v. UNITED PL. & HEAT., INC.

358 So. 2d 860

District Court of Appeal of Florida | Filed: May 16, 1978 | Docket: 1690986

Cited 10 times | Published

existed against the owners' property because a § 713.23 payment bond had been posted. The motion to dismiss

Carlson-Southeast Corp. v. Geolithic, Inc.

530 So. 2d 1069, 13 Fla. L. Weekly 2107, 1988 Fla. App. LEXIS 4052, 1988 WL 93073

District Court of Appeal of Florida | Filed: Sep 9, 1988 | Docket: 1268387

Cited 9 times | Published

Seaboard Surety Company (the surety) pursuant to section 713.23, Florida Statutes,[1] to insulate the Publix

RESNICK DEVELOPERS SOUTH v. Clerici

340 So. 2d 1194

District Court of Appeal of Florida | Filed: Dec 10, 1976 | Docket: 1708982

Cited 9 times | Published

contractor to furnish a payment bond pursuant to Section 713.23, Florida Statutes. In accordance with the contract

Aetna Cas. & Sur. Co. v. WARREN BROS. CO., ETC.

355 So. 2d 785

Supreme Court of Florida | Filed: Feb 16, 1978 | Docket: 2518069

Cited 8 times | Published

respect to the subcontract and, as provided by Section 713.23, Florida Statutes (1975), issued a payment

Guin & Hunt, Inc. v. Hughes Supply, Inc.

335 So. 2d 842

District Court of Appeal of Florida | Filed: Jul 2, 1976 | Docket: 1306350

Cited 8 times | Published

then sought to recover on the bond as provided by § 713.23, Florida Statutes. As an affirmative defense the

North American Spec. Ins. v. Bergeron Dev.

745 So. 2d 359, 1999 WL 743594

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1294667

Cited 7 times | Published

Construction and North American pursuant to section 713.23(1)(d), Florida Statutes. Bergeron also recorded

North American Spec. Ins. v. Bergeron Dev.

745 So. 2d 359, 1999 WL 743594

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1294667

Cited 7 times | Published

Construction and North American pursuant to section 713.23(1)(d), Florida Statutes. Bergeron also recorded

Morganti South, Inc. v. Hardy Contractors

397 So. 2d 378

District Court of Appeal of Florida | Filed: Apr 15, 1981 | Docket: 1706799

Cited 7 times | Published

contractor had posted a payment bond pursuant to Section 713.23, Florida Statutes (1977). The general contractor

OneBeacon Ins. Co. v. DELTA FIRE SPRINKLERS

898 So. 2d 113, 2005 Fla. App. LEXIS 2218, 2005 WL 430346

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1448046

Cited 6 times | Published

payment bond claim against the surety pursuant to section 713.23, Florida Statutes (2001). Delta Fire subsequently

Shores Supply Co. v. Aetna Cas. & Sur.

524 So. 2d 722, 1988 WL 44479

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1340840

Cited 6 times | Published

Aetna Casualty and Surety Company pursuant to section 713.23, Florida Statutes (1987), to recover $17,159

Julian E. Johnson & Sons, Inc. v. Balboa Ins. Co.

408 So. 2d 1044, 1982 Fla. LEXIS 2315

Supreme Court of Florida | Filed: Jan 14, 1982 | Docket: 1449186

Cited 6 times | Published

behalf of the owner of the property pursuant to section 713.23, Florida Statutes (1977). After Englishtown

J. Sourini Painting, Inc. v. Johnson Paints, Inc.

809 So. 2d 95, 2002 WL 385026

District Court of Appeal of Florida | Filed: Feb 27, 2002 | Docket: 2348658

Cited 5 times | Published

furnished construction payment bonds pursuant to section 713.23, Florida Statutes (1993). The Sourini parties

MURSTEN CONST. CO. v. CES Industries, Inc.

588 So. 2d 1061, 1991 WL 232260

District Court of Appeal of Florida | Filed: Nov 12, 1991 | Docket: 1708504

Cited 5 times | Published

Company of Maryland, as surety, pursuant to section 713.23, Florida Statutes (Supp. 1988). The owner did

Gorman Co. of Fort Lauderdale, Inc. v. Frank Maio Gen. Contractor, Inc.

438 So. 2d 1018

District Court of Appeal of Florida | Filed: Oct 12, 1983 | Docket: 1445827

Cited 5 times | Published

principal and surety under a bond required by section 713.23(1)(g) of the Mechanics Lien Law. Alpha Electric

Bankers & Shippers Ins. v. Aia Insulation

390 So. 2d 734

District Court of Appeal of Florida | Filed: Sep 24, 1980 | Docket: 1503739

Cited 5 times | Published

Inland furnished a Payment Bond provided for in Section 713.23, Florida Statutes (1971), with Bankers & Shippers'

Coordinated Constructors v. Florida Fill, Inc.

387 So. 2d 1006, 1980 Fla. App. LEXIS 17569

District Court of Appeal of Florida | Filed: Sep 9, 1980 | Docket: 6834

Cited 5 times | Published

payment bond furnished by appellants, pursuant to Section 713.23, Florida Statutes (1977). Appellants complain

Hunt Truck Sales & Serv., Inc. v. Bonanza Constr., Inc.

353 So. 2d 612

District Court of Appeal of Florida | Filed: Dec 20, 1977 | Docket: 423931

Cited 5 times | Published

contract price is an essential feature of a Section 713.23 Payment Bond. General Electric Company v. Commercial

General Elec. Co. v. COMMERICIAL STAND. INSUR CO.

335 So. 2d 624

District Court of Appeal of Florida | Filed: Jul 30, 1976 | Docket: 1711270

Cited 5 times | Published

Statutes, or by the one year statute as set out in Section 713.23, Florida Statutes. The trial judge, in dismissing

Torres v. MacIntyre

334 So. 2d 59

District Court of Appeal of Florida | Filed: Jun 2, 1976 | Docket: 1309791

Cited 5 times | Published

not a project has a payment bond complying with § 713.23, shall record a notice of commencement in the

Ceco Corporation v. Goldberg

219 So. 2d 475

District Court of Appeal of Florida | Filed: Feb 25, 1969 | Docket: 1352198

Cited 5 times | Published

revisions of the Mechanics' Lien Act is found in § 713.23 Fla. Stat., F.S.A. (1967), formerly § 84.231 Fla

Delta Fire Sprinklers v. ONEBEACON INS.

937 So. 2d 695, 2006 Fla. App. LEXIS 13006, 2006 WL 2190718

District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 1513087

Cited 4 times | Published

OneBeacon was a statutory bond that comported with section 713.23, Florida Statutes (2001), and that because

Bridgeport, Inc. v. Tampa Roofing Co.

903 So. 2d 306, 2005 WL 1345236

District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 1258000

Cited 4 times | Published

the bond is a statutory payment bond under section 713.23, Florida Statutes (1999), that the Subcontractor

Bridgeport Inc. v. Rinker Materials Corp.

849 So. 2d 1193, 2003 WL 21697443

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 2544271

Cited 4 times | Published

serve notices of non-payment as required by section 713.23 and that Rinker was not excused by claiming

WMS Const., Inc. v. Palm Springs Mile Assoc., Ltd.

762 So. 2d 973, 2000 WL 691136

District Court of Appeal of Florida | Filed: May 31, 2000 | Docket: 1115626

Cited 4 times | Published

with the applicable procedure for recovery. Section 713.23(1)(a), Florida Statutes (1997), provides for

Kidder Elec. of Fla., Inc. v. US Fidelity & Guar. Co.

530 So. 2d 475, 1988 WL 89740

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 1267910

Cited 4 times | Published

contract to improve the owner's real property. (See § 713.23(1)(a), Fla. Stat.). An electrical subcontract

Halls Ceramic Tile, Inc. v. Tiede-Zoeller Tile Corp.

522 So. 2d 111, 1988 WL 23648

District Court of Appeal of Florida | Filed: Mar 24, 1988 | Docket: 1192500

Cited 4 times | Published

brought in Orange County, Florida. § 713.24(3), § 713.23(1)(g), Fla. Stat. (1985); Morganti. Its claim

Ins. Co. of North Am. v. Jetstar Dev., Inc.

515 So. 2d 272, 12 Fla. L. Weekly 2414, 1987 Fla. App. LEXIS 10593

District Court of Appeal of Florida | Filed: Oct 14, 1987 | Docket: 1749317

Cited 4 times | Published

between Jetstar and Gulf. Jetstar argued that section 713.23(1)(g), Florida Statutes (1985) controlled,

Sewer Viewer v. Shawnee Sunset Developers

454 So. 2d 701

District Court of Appeal of Florida | Filed: Aug 10, 1984 | Docket: 79578

Cited 4 times | Published

provisions of section 713.23 from applying to liens acquired in regard to subdivisions. Section 713.23 again

General Ins. Co. v. Sentry Indem. Co.

384 So. 2d 1305, 1980 Fla. App. LEXIS 16374

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 1269482

Cited 4 times | Published

payment bond was a statutory bond governed by section 713.23, Florida Statutes (1971), and, therefore, Spurlin's

Hawaiian Inn of Daytona Beach, Inc. v. Dunn

342 So. 2d 132

District Court of Appeal of Florida | Filed: Feb 11, 1977 | Docket: 1521242

Cited 4 times | Published

completion of delivery of the materials supplied. Section 713.23. On December 5, 1975, the circuit court dismissed

Cincinnati Insurance Co. v. Putnam

335 So. 2d 855

District Court of Appeal of Florida | Filed: Jul 30, 1976 | Docket: 1306461

Cited 4 times | Published

direct action against Cincinnati, surety, under section 713.23, Florida Statutes, it was necessary for Putnam

Professional Plast. v. Bridgeport-Strasberg

940 So. 2d 444, 2006 WL 1931199

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 433075

Cited 3 times | Published

and that the notice and other requirements of section 713.23, Florida Statutes (1999), did not apply. The

DECKTIGHT ROOFING SERV., INC. v. Amwest Sur. Ins.

841 So. 2d 667

District Court of Appeal of Florida | Filed: Apr 9, 2003 | Docket: 1234241

Cited 3 times | Published

statutory bond claim brought under Florida Statutes Section 713.23 by Decktight, a roofing subcontractor, against

Miller & Solomon General Contractors, Inc. v. Brennan's Glass Co., Inc.

837 So. 2d 1182, 2003 WL 470199

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 537567

Cited 3 times | Published

transferred to the Hartford bond pursuant to section 713.23(2), Florida Statutes (2001). Appellants insist

NORTH AMERICAN SPECIALTY INS. v. Hughes

705 So. 2d 616

District Court of Appeal of Florida | Filed: Jan 7, 1998 | Docket: 1753684

Cited 3 times | Published

nevertheless, be treated as a payment bond under section 713.23, Florida Statutes, as to lienors having no

National Fire Ins. Co. v. LJ Clark Const. Co., Inc.

579 So. 2d 743, 1991 Fla. App. LEXIS 2967, 1991 WL 44982

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 1728612

Cited 3 times | Published

expansive coverage than that provided for in section 713.23, Florida Statutes (1990 Supp.). For example

PACE CONST. CORP. v. OBS Co., Inc.

531 So. 2d 737, 1988 WL 92691

District Court of Appeal of Florida | Filed: Sep 9, 1988 | Docket: 543827

Cited 3 times | Published

payment bond in accordance with the provisions of section 713.23, Florida Statutes (1987). Guin & Hunt, Inc

Harvesters Group, Inc. v. Westinghouse Elec. Corp.

527 So. 2d 257, 13 Fla. L. Weekly 1384, 1988 Fla. App. LEXIS 2469, 1988 WL 56526

District Court of Appeal of Florida | Filed: Jun 7, 1988 | Docket: 1253088

Cited 3 times | Published

which such claim is made.") (Emphasis supplied); § 713.23(1)(e), Fla. Stat. (1987) (lienor required to serve

W.S.A. Inc. v. Stratton

680 F. Supp. 375, 1988 U.S. Dist. LEXIS 1851, 1988 WL 20242

District Court, S.D. Florida | Filed: Feb 17, 1988 | Docket: 1071000

Cited 3 times | Published

pursuant to Florida Statute section 713.23, Fla.Stat.Ann. section 713.23 (West Supp.1987) (effective

Laborers Local 938 Joint Health & Welfare Trust Fund v. B.R. Starnes Co. of Florida

658 F. Supp. 305, 1986 U.S. Dist. LEXIS 30175

District Court, S.D. Florida | Filed: Jan 22, 1986 | Docket: 2262261

Cited 3 times | Published

repair or construction of a public building. Section 713.23 makes similar provisions for private construction

Standard Heating Service v. Guymann Const.

459 So. 2d 1103

District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 1683366

Cited 3 times | Published

were not "materials" within the meaning of section 713.23, Florida Statutes (1981). Also appellant contends

Broward County Carpenters Health & Welfare Trust Fund v. Seygo Construction Co.

570 F. Supp. 817, 1983 U.S. Dist. LEXIS 17363

District Court, S.D. Florida | Filed: Apr 27, 1983 | Docket: 906992

Cited 3 times | Published

given by plaintiffs was inadequate under F.S.A. § 713.23. Second, defendant argues that even if the notice

Stratton of Florida, Inc. v. Cerasoli

426 So. 2d 59

District Court of Appeal of Florida | Filed: Jan 12, 1983 | Docket: 1283438

Cited 3 times | Published

project with appellant St. Paul, pursuant to section 713.23, Florida Statutes (1981). Appellee Cerasoli

Alpha Elec. Supply, Inc. v. F. Feaster, Inc.

358 So. 2d 892, 1978 Fla. App. LEXIS 15630

District Court of Appeal of Florida | Filed: May 17, 1978 | Docket: 1691009

Cited 3 times | Published

contractor furnished a payment bond pursuant to Section 713.23, Florida Statutes (1975), which provides in

American Ins. Co. v. COLEY ELEC. SUPPLY COMPANY, INC.

354 So. 2d 390, 1978 Fla. App. LEXIS 15132

District Court of Appeal of Florida | Filed: Jan 10, 1978 | Docket: 1682121

Cited 3 times | Published

by the general contractor in accordance with Section 713.23, Florida Statutes. Coley could have joined

Schleifer v. ALL-SHORES CONST. AND SUPPLY CO.

260 So. 2d 270

District Court of Appeal of Florida | Filed: Apr 7, 1972 | Docket: 1459442

Cited 3 times | Published

conformed to the requirements of Florida Statutes, Section 713.23, F.S.A. The effect of such bond is set forth

Stock Building Supply of Florida, Inc. v. Soares Da Costa Construction Services, LLC

76 So. 3d 313, 2011 Fla. App. LEXIS 15728, 2011 WL 4578320

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2359588

Cited 2 times | Published

Project now had a payment bond pursuant to section 713.23, and identified Westchester Fire as the surety

Motor City Elec. Co. v. Ohio Cas. Ins. Co.

374 So. 2d 1068, 1979 Fla. App. LEXIS 15738

District Court of Appeal of Florida | Filed: Aug 14, 1979 | Docket: 122447

Cited 2 times | Published

contract as prescribed by section 255.05 or section 713.23, Florida Statutes, whichever is applicable

United Bond. Ins. Co. v. Atlantic Roofing & Sh. Met. Co.

221 So. 2d 461

District Court of Appeal of Florida | Filed: May 1, 1969 | Docket: 1202398

Cited 2 times | Published

JOHNSON and SPECTOR, JJ., concur. NOTES [1] Now § 713.23, F.S., 1967, F.S.A.

J.C. Gibson Plastering Co. v. XL Specialty Insurance

521 F. Supp. 2d 1326, 2007 U.S. Dist. LEXIS 74826

District Court, M.D. Florida | Filed: Oct 8, 2007 | Docket: 2379388

Cited 1 times | Published

bonds must comply with the requirements of section 713.23, Florida Statutes. Such bonds protect an owner

Action Labor of Florida v. Liberty Mut.

879 So. 2d 1240, 2004 Fla. App. LEXIS 5230, 2004 WL 784774

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1514422

Cited 1 times | Published

("Liberty") issued a payment bond pursuant to § 713.23, Fla. Stat. (1998), on behalf of Mursten and for

CORP. OF PRESIDENT OF LATTER DAY CH. OF JESUS CHRIST v. Seymour Elec. Supply Co.

558 So. 2d 88, 1990 WL 19931

District Court of Appeal of Florida | Filed: Feb 28, 1990 | Docket: 1359385

Cited 1 times | Published

motion to dismiss should have been granted. Section 713.23, Florida Statutes (1985), provides that a lienor

Otis Elevator Co. v. EMPLOYERS INS., WAUSAU

526 So. 2d 727, 13 Fla. L. Weekly 1243, 1988 Fla. App. LEXIS 2179, 1988 WL 50677

District Court of Appeal of Florida | Filed: May 24, 1988 | Docket: 1679725

Cited 1 times | Published

construction of the building. Wausau, relying on section 713.23(1)(f), Florida Statutes (1985), responded that

Oolite Industries, Inc. v. MILLMAN CONST. CO.

501 So. 2d 655, 12 Fla. L. Weekly 181

District Court of Appeal of Florida | Filed: Jan 6, 1987 | Docket: 538473

Cited 1 times | Published

he must file a 45 day notice as required by Section 713.23(1)(d) Florida Statutes. (1985)[1]Combs v. St

EE Dean Snavely, Inc. v. Sullivan

360 So. 2d 451

District Court of Appeal of Florida | Filed: Jun 26, 1978 | Docket: 1474153

Cited 1 times | Published

payment and performance bond in accordance with Section 713.23, Florida Statutes (1977). The bond was in the

VIC TANNY OF FLA. v. Fred McGilvray, Inc.

348 So. 2d 648

District Court of Appeal of Florida | Filed: Aug 2, 1977 | Docket: 1760491

Cited 1 times | Published

or claim against a bond or other security under § 713.23 or § 713.24, by recording in the clerk's office

EE Dean Snavely, Inc. v. Weatherking, Inc.

343 So. 2d 58, 1977 Fla. App. LEXIS 15133

District Court of Appeal of Florida | Filed: Feb 25, 1977 | Docket: 1710485

Cited 1 times | Published

bond posted by the general contractor under F.S. § 713.23, notwithstanding the plaintiff's admitted failure

Westinghouse Elec. Sup. Co. v. Midway Shop. Mall, Inc.

277 So. 2d 809

District Court of Appeal of Florida | Filed: May 8, 1973 | Docket: 2526738

Cited 1 times | Published

date posted a payment bond pursuant to Florida Statute 713.23, F.S.A. Travelers Indemnity Company was

Thermo Air Contractors, Inc. v. Travelers Indemnity Co.

277 So. 2d 47

District Court of Appeal of Florida | Filed: May 1, 1973 | Docket: 1439491

Cited 1 times | Published

therefore the one year statute of limitation, F.S. § 713.23 F.S.A., barred any recovery against the surety

Lemartec Corporation v. East Coast Metal Structures Corp.

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68530221

Published

Philadelphia on the original payment bond pursuant to section 713.23, Florida Statutes. Count II alleged claims

Attaway Electric, Inc. v. Kelsey Construction, Inc.

120 So. 3d 77, 2013 WL 4006417, 2013 Fla. App. LEXIS 12361

District Court of Appeal of Florida | Filed: Aug 7, 2013 | Docket: 60234266

Published

bond for the construction project pursuant to section 713.23. Appellants claimed that this distinguished

Continental Casualty Co. v. A.W. Baylor Versapanel-Plastering, Inc.

97 So. 3d 937, 2012 WL 3870415, 2012 Fla. App. LEXIS 14986

District Court of Appeal of Florida | Filed: Sep 7, 2012 | Docket: 60312014

Published

Aviation Constructors, Inc. (“ACI”), furnished a section 713.23 payment bond1 for a large construction project

Milton Construction Co. v. JMS Development Construction, Inc.

967 So. 2d 234, 2007 Fla. App. LEXIS 11791, 2007 WL 2188458

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64852747

Published

pursuant to that lawsuit. Indeed, according to section 713.23(f)(2), Florida Statutes (2006): The bond shall

WMS Construction, Inc. v. North American Specialty Insurance Co.

929 So. 2d 1, 2005 Fla. App. LEXIS 17230, 2005 WL 2861109

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 64844648

Published

from Real Property to Payment Bond pursuant to section 713.23(2), Florida Statutes (1997), indicating that

Pena-Alum Glass & Mirror v. Nationwide Terminals, Inc.

864 So. 2d 461, 2003 Fla. App. LEXIS 19520, 2003 WL 23008870

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 64827641

Published

unconditional payment bond had been posted under section 713.23, Florida Statutes (1995). The bond company

Midtown Enterprises, Inc. v. Local Contractors, Inc.

750 So. 2d 683, 1999 Fla. App. LEXIS 17088, 1999 WL 1241919

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 64794723

Published

against LCI. Count II alleged the breach of a section 713.23 payment bond against principal, LCI, and surety

Wal-Mart Stores v. EWELL INDUSTRIES

694 So. 2d 756, 1997 WL 144084

District Court of Appeal of Florida | Filed: Apr 1, 1997 | Docket: 1450300

Published

issue payment bonds in Florida, as required by section 713.23, Fla.Stat. Wal-Mart paid out all amounts due

Florida Bar

544 So. 2d 1013, 14 Fla. L. Weekly 268, 1989 Fla. LEXIS 504, 1989 WL 57948

Supreme Court of Florida | Filed: Jun 1, 1989 | Docket: 64643126

Published

the Notice To Contractor required by Fla.Stat. § 713.23(l)(d)? We review the proposed advisory opinion

Essex Crane Rental Corp. of Alabama v. Millman Construction Co.

516 So. 2d 1130, 13 Fla. L. Weekly 11, 1987 Fla. App. LEXIS 11730, 1987 WL 3018

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 64631547

Published

a mechanic’s lien payment bond posted under section 713.23, Florida Statutes (1983), the trial court entered

Walter E. Heller & Co. Southeast v. Palmer-Smith

504 So. 2d 511, 12 Fla. L. Weekly 857, 1987 Fla. App. LEXIS 7369

District Court of Appeal of Florida | Filed: Mar 26, 1987 | Docket: 64626019

Published

content requirements for notice imposed by section 713.23(l)(d), Florida Statutes (1981). Monex Corporation

Laborers Health & Welfare Trust Fund v. KMM Construction Co.

651 F. Supp. 344, 1987 U.S. Dist. LEXIS 269

District Court, S.D. Florida | Filed: Jan 9, 1987 | Docket: 66169928

Published

255.05 (The Florida Little Miller Act), and Fla.Stat. 713.23 (The Florida Mechanics Lien Act). The former

Jones v. Darin & Armstrong, Inc.

785 F.2d 1521, 27 Wage & Hour Cas. (BNA) 1151

Court of Appeals for the Eleventh Circuit | Filed: Apr 7, 1986 | Docket: 66214437

Published

2d 1006, (Fla. 3d Dist.Ct.App.1980), Fla.Stat. § 713.23(1) (1983). The purpose of the 45-day provision

Moody v. E.E. Dean Snavely, Inc.

465 So. 2d 1362, 10 Fla. L. Weekly 790, 1985 Fla. App. LEXIS 13173

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 64610861

Published

Snavely furnished a payment bond pursuant to § 713.-23, Florida Statutes. Snavely abandoned the construction

United Plumbing & Heating, Inc. v. Goldberger

452 So. 2d 591, 1984 Fla. App. LEXIS 13095

District Court of Appeal of Florida | Filed: May 9, 1984 | Docket: 64605763

Published

posting of a payment bond by Safeco pursuant to Section 713.23, Florida Statutes (1975), and alleged United

Allan Electric Co. v. Power Facilities, Inc.

450 So. 2d 1145, 1984 Fla. App. LEXIS 12763

District Court of Appeal of Florida | Filed: Apr 19, 1984 | Docket: 64605242

Published

not make any reference to section 255.05 or section 713.23, Florida Statutes (1979), or to the fact that

Allied General Contractors v. Superior Asphalt Co.

397 So. 2d 727, 1981 Fla. App. LEXIS 19248

District Court of Appeal of Florida | Filed: Apr 15, 1981 | Docket: 64582198

Published

striping, plus work on a pond. Pursuant to section 713.23, Florida Statutes (1977), Allied posted a payment

Alpha Electric Supply, Inc. v. F. Feaster, Inc.

386 So. 2d 594, 1980 Fla. App. LEXIS 16840

District Court of Appeal of Florida | Filed: Aug 6, 1980 | Docket: 64577607

Published

company on a payment bond issued pursuant to section 713.23, Florida Statutes (1975). We reverse. Feaster

Balboa Insurance v. Alpha Electric Supply, Inc.

373 So. 2d 391, 1979 Fla. App. LEXIS 15199

District Court of Appeal of Florida | Filed: Jul 18, 1979 | Docket: 64571204

Published

advantage of the procedural requirements of Section 713.23. In our view it is not necessary for us to

Jones v. W. L. Cobb Construction Co.

371 So. 2d 550, 1979 Fla. App. LEXIS 14805

District Court of Appeal of Florida | Filed: May 30, 1979 | Docket: 64570402

Published

a statutory payment bond as contemplated by Section 713.23, Florida Statutes (1977). The court stated:

Cohen v. Lunsford

362 So. 2d 383, 1978 Fla. App. LEXIS 17194

District Court of Appeal of Florida | Filed: Aug 22, 1978 | Docket: 64565978

Published

furnished statutory payment bonds to owners under Section 713.23, Florida Statutes (1975), which exempted them

Suckle v. Cincinnati Insurance Co.

348 So. 2d 1161, 1977 Fla. App. LEXIS 15780

District Court of Appeal of Florida | Filed: Jun 10, 1977 | Docket: 64559755

Published

delivery of materials and supplies as required by Section 713.23, Florida Statutes (1975). American Prefab contends

Edward L. Nezelek, Inc. v. Concreform Co.

351 So. 2d 1046

District Court of Appeal of Florida | Filed: Feb 11, 1977 | Docket: 64561214

Published

and his surety, the Appellant, pursuant to Section 713.23, Florida Statutes (1975). The Appellee was

Approved Dry Wall Construction, Inc. v. Morgan Properties, Inc.

263 So. 2d 243, 1972 Fla. App. LEXIS 6590

District Court of Appeal of Florida | Filed: Jun 13, 1972 | Docket: 64526384

Published

filed pursuant to the provisions of Fla.Stat. § 713.23, F.S.A. Appellant takes alternative positions

United Bonding Insurance v. Minichiello

221 So. 2d 220, 1969 Fla. App. LEXIS 5928

District Court of Appeal of Florida | Filed: Mar 20, 1969 | Docket: 64509280

Published

713.-02) who might sue the surety directly under § 713.23, because the contract required installation of