Cases from cite.case.law:

ATTAWAY ELECTRIC, INC. v. KELSEY CONSTRUCTION, INC., 120 So. 3d 77 (Fla. Dist. Ct. App. 2013)

. . . contractor, Miller & Solomon, had secured a payment bond for the construction project pursuant to section 713.23 . . .

In STANDARD JURY INSTRUCTIONS- CONTRACT AND BUSINESS CASES, 116 So. 3d 284 (Fla. 2013)

. . . claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05(1) and 713.23 . . .

CONTINENTAL CASUALTY COMPANY, v. A. W. BAYLOR VERSAPANEL- PLASTERING, INC., 97 So. 3d 937 (Fla. Dist. Ct. App. 2012)

. . . (“ACI”), furnished a section 713.23 payment bond for a large construction project on which Baylor was . . . situation where a claimant obtains a judgment against a bonding company in an action brought on a section 713.23 . . . provision”) Here it is undisputed that Baylor’s action against Continental was a claim to enforce a section 713.23 . . . the language that must be contained in a payment bond in order for the bond to qualify as a section 713.23 . . . Here, the parties stipulated that the bond in question was a 713.23 payment bond. . . . .

STOCK BUILDING SUPPLY OF FLORIDA, INC. d b a K A v. SOARES DA COSTA CONSTRUCTION SERVICES, LLC,, 76 So. 3d 313 (Fla. Dist. Ct. App. 2011)

. . . The First Notice Created a Lien Governed by Section 713.06, not Section 713.23. . . . . § 713.23(l)(c), Fla. . . . See § 713.23(l)(e), Fla. Stat. (2005). . . . See § 713.23(2), Fla. Stat. (2005). . . . K & A was not excused from complying with the requirements of section 713.23(1)(c). . . . In my judgment (a) no notice to contractor was even required in the circumstances under section 713.23 . . .

S. CONRAD, v. R. YOUNG, G. C. Jr. T. W. S. I. L. C. G. R. Jr. D. P. J. L., 10 So. 3d 1154 (Fla. Dist. Ct. App. 2009)

. . . against a payment bond, which shall be governed by the applicable provisions of ss. 255.05(2)(a)2 and 713.23 . . .

CADLE COMPANY, v. RHOADES,, 978 So. 2d 833 (Fla. Dist. Ct. App. 2008)

. . . against a payment bond, which shall be governed by the applicable provisions of ss. 255.05(10) and 713.23 . . .

J. C. GIBSON PLASTERING CO. INC. v. XL SPECIALTY INSURANCE COMPANY, XL, 521 F. Supp. 2d 1326 (M.D. Fla. 2007)

. . . So-called statuto-iy payment bonds must comply with the requirements of section 713.23, Florida Statutes . . . the bond was stamped with language purporting to incorporate by reference the provisions of section 713.23 . . . Section 713.23, Florida Statutes, provides the form in which notice must be given. Fla. . . . . § 713.23(d). Gibson’s notice was in this form. . . . .

MILTON CONSTRUCTION COMPANY, v. JMS DEVELOPMENT CONSTRUCTION, INC., 967 So. 2d 234 (Fla. Dist. Ct. App. 2007)

. . . Indeed, according to section 713.23(f)(2), Florida Statutes (2006): The bond shall secure every lien . . .

DELTA FIRE SPRINKLERS, INC. v. ONEBEACON INSURANCE COMPANY,, 937 So. 2d 695 (Fla. Dist. Ct. App. 2006)

. . . the construction payment bond issued by OneBeacon was a statutory bond that comported with section 713.23 . . . brought a claim for breach of contract against the general contractor and a claim pursuant to section 713.23 . . . Delta Fire sent its notice to contractor, as required by section 713.23(l)(c), Florida Statutes, about . . . Section 713.23(l)(d), Florida Statutes, required Delta Fire “as a condition precedent to recovery under . . . made in the earlier case that the bond is a statutory bond governed by the requirements of section 713.23 . . .

PROFESSIONAL PLASTERING STUCCO, INC. v. BRIDGEPORT- STRASBERG JOINT VENTURE,, 940 So. 2d 444 (Fla. Dist. Ct. App. 2006)

. . . Its terms and coverage were substantially similar to that outlined in section 713.23(3). . . . In compliance with sections 713.13 and 713.23(1), the bond was attached to the notice of commencement . . . The bond “contain[ed] terms that [were] substantially in the form required by section 713.23(3).” . . . Section 713.23 was to be accorded “a strict and literal meaning.” Id. . . . Here, the surety issued a bond that was facially sufficient under 713.23 and duly noticed. . . . . § 713.23(l)(a), Fla. Stat. (emphasis added). . . . Although the majority acknowledges this language, it concludes that other subsections of 713.23, namely . . . Under a logical extension of the holding of the majority, any of the statute-ry criteria for 713.23 bonds . . . Co., 335 So.2d 624, 625 (Fla. 1st DCA 1976) (actual prejudice notwithstanding, § 713.23 bond must be . . . Furthermore, even assuming that the lack of prejudice may excuse strict performance under section 713.23 . . .

WMS CONSTRUCTION, INC. v. NORTH AMERICAN SPECIALTY INSURANCE COMPANY,, 929 So. 2d 1 (Fla. Dist. Ct. App. 2005)

. . . Springs filed a Notice of Bond — Transfer of Lien from Real Property to Payment Bond pursuant to section 713.23 . . . payment bond issued to Noland by NAS in this case was an unconditional bond, issued pursuant to section 713.23 . . . Conditional payment bond (1)Notwithstanding any provisions of ss. 713.23 and 713.24 to the contrary, . . . specified in this section, all bonds issued under this section must conform to the requirements of s. 713.23 . . . contractor has been paid, the owner or the contractor may record a notice of bond as specified in s. 713.23 . . .

AMERICAN HOME ASSURANCE COMPANY, v. PLAZA MATERIALS CORPORATION,, 908 So. 2d 360 (Fla. 2005)

. . . claims against payment bonds “shall be governed by the applicable provisions of ss. 255.05(2)(a)2. and 713.23 . . .

BRIDGEPORT, INC. f k a CGU f k a v. TAMPA ROOFING COMPANY,, 903 So. 2d 306 (Fla. Dist. Ct. App. 2005)

. . . Section 713.23(l)(d) provides that “a lienor is required, as a condition precedent to recovery under . . . Section 713.23(l)(e) states that an action for labor, materials, or supplies may not be instituted or . . . It maintained that the one-year limitations period contained in section 713.23(l)(e) applied and that . . . Instead, it contains terms that are substantially in the form required by section 713.23(3). . . . They also contended that Rinker was not excused from complying with section 713.23 by claiming that it . . .

ONEBEACON INSURANCE CO. v. DELTA FIRE SPRINKLERS, INC., 898 So. 2d 113 (Fla. Dist. Ct. App. 2005)

. . . against the contractor, and a construction payment bond claim against the surety pursuant to section 713.23 . . .

ACTION LABOR OF FLORIDA, INC. v. LIBERTY MUTUAL INSURANCE CO., 879 So. 2d 1240 (Fla. Dist. Ct. App. 2004)

. . . Liberty Mutual Insurance Company (“Liberty”) issued a payment bond pursuant to §-713.23, Fla. . . .

PENA- ALUM GLASS MIRROR, v. NATIONWIDE TERMINALS, INC., 864 So. 2d 461 (Fla. Dist. Ct. App. 2003)

. . . There the owner’s answer asserted that an unconditional payment bond had been posted under section 713.23 . . . This was on the theory that given the existence of an unconditional payment bond under section 713.23 . . .

BRIDGEPORT INCORPORATED, a CGU a v. RINKER MATERIALS CORPORATION, d b a CSR a P. C. R. a, 849 So. 2d 1193 (Fla. Dist. Ct. App. 2003)

. . . comply with conditions precedent by failing to serve notices of non-payment as required by section 713.23 . . . Rinker asserts that its claim of lien serves as the statutory notice required under section 713.23, Florida . . . Section 713.23(1) provides, in relevant part: (c) Either before beginning or within 45 days after beginning . . . , that Rink-er did not send CGU a notice of nonpayment as required by section 713.23, and that Rinker . . . The notice requirements of section 713.23 are mandatory. See N. Am. Specialty Ins. v. . . .

THE CLARK CONSTRUCTION GROUP, INC. v. WENTWORTH PLASTERING OF BOCA RATON, INC. d b a P. A., 840 So. 2d 357 (Fla. Dist. Ct. App. 2003)

. . . against a payment bond, which shall be governed by the applicable provisions of ss. 255.05(2)(a)2. and 713.23 . . .

MILLER SOLOMON GENERAL CONTRACTORS, INC. a a v. BRENNAN S GLASS CO. INC. a, 837 So. 2d 1182 (Fla. Dist. Ct. App. 2003)

. . . The lien foreclosure was transferred to the Hartford bond pursuant to section 713.23(2), Florida Statutes . . . The parties agree that the bond action arises out of section 713.23, Florida Statutes. . . . Subsection 713.23(l)(f) provides that the bond “must not contain any provisions restricting ... the venue . . . Appellants also assert that the bond, here, is really a payment bond issued under section 713.23, Florida . . . Further, and in any event, the venue provision in section 713.23(l)(f) place venue in Bro-ward county . . .

J. SOURINI PAINTING, INC. R. St. v. JOHNSON PAINTS, INC., 809 So. 2d 95 (Fla. Dist. Ct. App. 2002)

. . . The sureties had furnished construction payment bonds pursuant to section 713.23, Florida Statutes (1993 . . .

WMS CONSTRUCTION, INC. v. PALM SPRINGS MILE ASSOCIATES, LTD., 762 So. 2d 973 (Fla. Dist. Ct. App. 2000)

. . . Section 713.23(l)(a), Florida Statutes (1997), provides for unconditional payment bonds. . . . The notice and other requirements applicable to section 713.23 unconditional bonds are not relevant. . . . This language appears to require the General Contractor to provide the Owner with a section 713.23 (unconditional . . . Governed by § 713.23, Fla. Stat. (1997). . . . . the bonds were not conditional ones under section 713.245, but were unconditional bonds under section 713.23 . . .

MIDTOWN ENTERPRISES, INC. v. LOCAL CONTRACTORS, INC., 750 So. 2d 683 (Fla. Dist. Ct. App. 1999)

. . . Count II alleged the breach of a section 713.23 payment bond against principal, LCI, and surety, Gulf . . . See § 713.23 Fla. Stat. (1997). . . . arguing that Midtown had failed to fulfill the conditions precedent to perfecting a claim under section 713.23 . . . Section 713.23(l)(d) provides in part: a lienor is required, as a condition precedent to recovery under . . . Here, there simply was not the substantial compliance with section 713.23 that was a condition precedent . . .

NORTH AMERICAN SPECIALITY INSURANCE COMPANY, v. BERGERON LAND DEVELOPMENT, INC., 745 So. 2d 359 (Fla. Dist. Ct. App. 1999)

. . . served a written notice of non-payment to Noland Construction and North American pursuant to section 713.23 . . . and alleged several affirmative defenses, including failure to state a cause of action under section 713.23 . . . court to determine whether the North American bond should be treated as a payment bond under section 713.23 . . . Bergeron failed to comply with the time period prescribed in section 713.23(l)(e), which provides that . . . announcing a defense based on section 713.245 is not the same as stating a defense based on section 713.23 . . .

NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a v. HUGHES SUPPLY, INC., 705 So. 2d 616 (Fla. Dist. Ct. App. 1998)

. . . payment to the contractor) the bond should, nevertheless, be treated as a payment bond' under section 713.23 . . . neglects the first sentence of section 713.245(1), which reads: Notwithstanding any provisions of ss. 713.23 . . . appropriately found that in the absence of such conditional language, the bonds complied with section 713.23 . . . and should be considered, construed, and applied as unconditional 713.23 bonds. . . . specified in this section, all bonds issued under this section must conform to the requirements of § 713.23 . . .

WAL- MART STORES, INC. v. EWELL INDUSTRIES, INC., 694 So. 2d 756 (Fla. Dist. Ct. App. 1997)

. . . The court noted that it was in proper form and qualified as a payment bond under section 713.23, Fla.Stat . . . an enforcement action, or have the claim of lien transferred to security, as provided for in section 713.23 . . . have had a valid lien against the property, as might have been the case had there not been a proper s. 713.23 . . . However in this case there was a proper s. 713.23 payment bond and the subcontractor did not have, nor . . .

MURSTEN CONSTRUCTION COMPANY v. C. E. S. INDUSTRIES, INC. d b a, 588 So. 2d 1061 (Fla. Dist. Ct. App. 1991)

. . . See id. § 713.23(1)(d), (e). . . . Id. § 713.23(1)(e). The form of that notice is also set forth in the statute. Id. . . . Id. § 713.23(1)(f) (emphasis added). . . . suits thereon are set forth at length and in detail in section 713.23. . . . Id. § 713.23(1)(d), (e). . See § 713.23(2), Fla.Stat. (Supp.1988). . . . .

STRESSCON, v. MADIEDO,, 581 So. 2d 158 (Fla. 1991)

. . . Fla.Stat. (1987) (provides that notice to owners “may be in substantially the following form”); and § 713.23 . . .

NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a v. L. J. CLARK CONSTRUCTION COMPANY, INC., 579 So. 2d 743 (Fla. Dist. Ct. App. 1991)

. . . rather than a statutory bond if it provides more expansive coverage than that provided for in section 713.23 . . . The bond here was no more expansive than a statutory bond provided for in section 713.23, Florida Statutes . . . Furthermore, the bond’s definition of a claimant appears no more expansive than the requirement of section 713.23 . . . Section 713.23 provides in part: (l)(a) The payment bond required to exempt an owner under this part . . . the argument that the bond’s limitation period validly expands coverage over that provided by section 713.23 . . .

CHARLES REDI- MIX, INC. v. PHILLIPS, 580 So. 2d 166 (Fla. Dist. Ct. App. 1991)

. . . commence an action to enforce any claim of lien or claim against a bond or other security under s. 713.23 . . .

CORPORATION OF THE PRESIDENT OF THE LATTER DAY CHURCH OF JESUS CHRIST s v. SEYMOUR ELECTRIC SUPPLY CO. INC., 558 So. 2d 88 (Fla. Dist. Ct. App. 1990)

. . . Section 713.23, Florida Statutes (1985), provides that a lienor must serve the contractor with a “notice . . . Section 713.23(l)(e), Florida Statutes (1985). .Section 713.23(2), Florida Statutes (1985). . . . . Section 713.23(l)(d), Florida Statutes (1985). . . . . Section 713.23(l)(f), Florida Statutes (1985) (emphasis added). . . . .

OBS COMPANY, INC. v. PACE CONSTRUCTION CORPORATION,, 558 So. 2d 404 (Fla. 1990)

. . . mechanic’s liens, the bond must be construed and applied in accordance with the conditions of section 713.23 . . . See also § 713.23(1)(a), Fla.Stat. (1983). . . . The bond in this case has all the attributes of a section 713.23 bond, and we declare it to be such a . . . agree with the court in Guin & Hunt that a subcontractor is a third-party donee obligee of a section 713.23 . . .

L. SUCHMAN, v. NATIONAL HAULING, INC., 549 So. 2d 200 (Fla. Dist. Ct. App. 1989)

. . . improvement after default or abandonment, whether or not a project has a payment bond complying with s. 713.23 . . . The name and address of the surety on the payment bond under s. 713.23, if any, and the amount of such . . .

THE FLORIDA BAR In ADVISORY OPINION- NONLAWYER PREPARATION OF NOTICE TO OWNER AND NOTICE TO CONTRACTOR, 544 So. 2d 1013 (Fla. 1989)

. . . . § 713.23(l)(d)? . . . Under Fla.Stat. § 713.23(l)(d) if a bond is furnished, a lienor not in privity with the owner, except . . . of the industry to combine the NTO required by § 713.06(2) and the preliminary notice required by § 713.23 . . . Notice To Owner (Fla.Stat. § 713.06(2)(a)) and preliminary notice (Notice To Contractor, Fla.Stat. § 713.23 . . .

PACE CONSTRUCTION CORPORATION, a a a v. OBS COMPANY, INC., 531 So. 2d 737 (Fla. Dist. Ct. App. 1988)

. . . therefore, must be construed as a statutory payment bond in accordance with the provisions of section 713.23 . . . See also, § 713.23(l)(a), Fla.Stat. (1987). . . .

CARLSON- SOUTHEAST CORPORATION v. GEOLITHIC, INC., 530 So. 2d 1069 (Fla. Dist. Ct. App. 1988)

. . . The issues raised in this appeal are: (1) whether, pursuant to sections 713.23 and 713.24, Florida Statutes . . . posted a $33.7 million payment bond issued by Seaboard Surety Company (the surety) pursuant to section 713.23 . . . A section 713.23 payment bond is a general contractor’s bond designed to ensure payment of subcontractors . . . Section 713.23(2) provides, in part, that: The bond shall secure every lien under the direct contract . . . SMITH, C.J., and ZEHMER, J., concur. . § 713.23(l)(a), FIa.Stat. (1985), provides: (l)(a) The payment . . .

KIDDER ELECTRIC OF FLORIDA, INC. v. UNITED STATES FIDELITY GUARANTY CO., 530 So. 2d 475 (Fla. Dist. Ct. App. 1988)

. . . (See § 713.23(l)(a), Fla.Stat.). . . . Thereafter, to toll the statute of limitations (§ 713.23(l)(f), Fla.Stat.) the subcontractor filed its . . .

M. FOY, III, v. P. MANGUM, Jr., 528 So. 2d 1331 (Fla. Dist. Ct. App. 1988)

. . . commence an action to enforce any claim of lien or claim against a bond or other security under s. 713.23 . . .

HARVESTERS GROUP, INC. v. WESTINGHOUSE ELECTRIC CORPORATION,, 527 So. 2d 257 (Fla. Dist. Ct. App. 1988)

. . . (Emphasis supplied); § 713.23(l)(e), Fla.Stat. (1987) (lienor required to serve written notice of nonpayment . . .

OTIS ELEVATOR COMPANY, v. EMPLOYERS INSURANCE OF WAUSAU, a, 526 So. 2d 727 (Fla. Dist. Ct. App. 1988)

. . . Section 713.23(l)(f) states that “[n]o action shall be instituted or prosecuted against the contractor . . . paragraph 21 of the subcontract and whether this work falls under the boundaries contemplated by section 713.23 . . .

SHORES SUPPLY CO. v. AETNA CASUALTY SURETY CO. INC. AETNA CASUALTY SURETY CO. INC. v. SHORES SUPPLY CO., 524 So. 2d 722 (Fla. Dist. Ct. App. 1988)

. . . Shores Supply Company filed an action against Aetna Casualty and Surety Company pursuant to section 713.23 . . . The legal effect of furnishing a payment bond pursuant to section 713.23 is to exempt the owner and the . . .

HALLS CERAMIC TILE, INC. a k a s Co. a v. TIEDE- ZOELLER TILE CORP. a a, 522 So. 2d 111 (Fla. Dist. Ct. App. 1988)

. . . . § 713.24(3), § 713.23(1)(g), Fla.Stat. (1985); Morganti. . . .

W. S. A. INC. d b a f k a d b a v. STRATTON Co., 680 F. Supp. 375 (S.D. Fla. 1988)

. . . The payment bond in this case was executed pursuant to Florida Statute section 713.23, Fla.Stat.Ann. . . . section 713.23 (West Supp.1987) (effective Jan. 1, 1981). . . . The issue of whether increased costs due to delay are compensable pursuant to Florida Statute section 713.23 . . .

ESSEX CRANE RENTAL CORPORATION OF ALABAMA, v. MILLMAN CONSTRUCTION COMPANY, INC., 516 So. 2d 1130 (Fla. Dist. Ct. App. 1987)

. . . action by the owner of a large construction crane on a mechanic’s lien payment bond posted under section 713.23 . . . defendants, the contractor and surety, on the ground that the notice to contractor required by section 713.23 . . . Section 713.23(l)(d) provides: (d) Either before beginning or within 45 days after beginning to furnish . . .

INSURANCE COMPANY OF NORTH AMERICA, v. JETSTAR DEVELOPMENT, INC., 515 So. 2d 272 (Fla. Dist. Ct. App. 1987)

. . . Jetstar argued that section 713.23(l)(g), Florida Statutes (1985) controlled, hence venue was properly . . . Appellee argues that it sued INA as a surety pursuant to section 713.23, Florida Statutes and that since . . . section 713.23(l)(g) expressly provides that “no bond shall contain any provisions restricting the classes . . . Jetstar misplaces its reliance on section 713.23. . . .

W. McCURRY, Jr. v. M. EPPOLITO M., 506 So. 2d 1110 (Fla. Dist. Ct. App. 1987)

. . . improvement after default or abandonment, whether or not a project has a payment bond complying with s. 713.23 . . .

WALTER E. HELLER COMPANY SOUTHEAST, INC. v. PALMER- SMITH, 504 So. 2d 511 (Fla. Dist. Ct. App. 1987)

. . . successfully established substantial compliance with the content requirements for notice imposed by section 713.23 . . . Palmer-Smith and received by it, sufficiently complied, with the content requirement set forth in section 713.23 . . . The notice, although labeled “Notice to Owner,” contained all of the information required by section 713.23 . . . Section 713.23(l)(d) states: The notice may be in substantially the following form: NOTICE TO CONTRACTOR . . . The purpose of giving the notices pursuant to section 713.23 by a supplier of materials is to permit . . .

LABORERS HEALTH WELFARE TRUST FUND OF SOUTH FLORIDA v. KMM CONSTRUCTION CO. INC. a J., 651 F. Supp. 344 (S.D. Fla. 1987)

. . . pendent jurisdiction claimed under Fla.Stat. 255.05 (The Florida Little Miller Act), and Fla.Stat. 713.23 . . .

OOLITE INDUSTRIES, INC. v. MILLMAN CONSTRUCTION COMPANY, INC., 501 So. 2d 655 (Fla. Dist. Ct. App. 1987)

. . . against a payment bond for “fabricated materials” he must file a 45 day notice as required by Section 713.23 . . . Section 713.23(1)(d), Florida Statutes (1980 Supp.), provides that notice must be given. . . . Section 713.23(1)(f) provides that ‘no action for the labor or materials or supplies may be instituted . . . he is required to file two notices in order to claim against the bond, first a 45 day notice, Sec. 713.23 . . . See Sec. 713.23(1)(e), Fla.Stat. . . . I think it no less than obvious that sections 713.23(1)(d) and 713.01(6), Florida Statutes (1985) are . . . Section 713.23(1)(d), Florida Statutes (1985) provides in pertinent part that: 2. . . .

TEST BALANCE CORPORATION OF ORLANDO, INC. v. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,, 19 Fla. Supp. 2d 72 (Orange Cty. Ct. 1986)

. . . Section 713.01(9), Florida Statutes, and is therefore exempt from the notice requirements of Section 713.23 . . . per se, from the special protection afforded to laborers under Chapter 713, Florida Statutes, then § 713.23 . . . This Court considers the issue of whether a corporation may qualify as a laborer under § 713.23(1)(d) . . .

JONES, v. DARIN ARMSTRONG, INC. a Co. a J. a Co. a, 785 F.2d 1521 (11th Cir. 1986)

. . . . § 713.23(1) (1983). . . . The purpose of the 45-day provision of that statute’s notice requirement, § 713.23 which also allows . . .

LABORERS LOCAL JOINT HEALTH WELFARE TRUST FUND, v. B. R. STARNES COMPANY OF FLORIDA,, 658 F. Supp. 305 (S.D. Fla. 1986)

. . . Plaintiffs’ pendent state claim arises under Florida Statutes 255.05 and 713.23. . . . Section 713.23 makes similar provisions for private construction projects. . . . For this contention Plaintiffs rely upon Florida Statutes 713.23 and 255.05 which, they argue, make the . . . Even assuming, arguendo, Florida Statutes 713.23 and 255.05 impose liability on the Defendants for Hicks . . . Further, Plaintiff sued the surety company on its bond puru-sant to Florida Statute 713.23 and the Court . . .

R. H. MOODY, d b a v. E. E. DEAN SNAVELY, INC. Co., 465 So. 2d 1362 (Fla. Dist. Ct. App. 1985)

. . . court, and appellant’s claim on the payment bond was therefore properly denied in accordance with § 713.23 . . .

In ADVANCED CONTRACTORS, R. COOLEY, v. GENERAL ELEVATOR CORP., 44 B.R. 239 (Bankr. M.D. Fla. 1984)

. . . preserved its mechanic’s lien right and its right of action against the bond pursuant to § 713.06 and § 713.23 . . . against a surety, if the project is bonded, by timely serving a proper notice pursuant to §§ 713.06 and 713.23 . . . subcontractor, after the execution and delivery of the bond is transferred to and secured by the bond. § 713.23 . . . one year from the performance of the labor or completion of the delivery of materials or supplies. § 713.23 . . . this case, General preserved its lien rights by timely filing its notices pursuant to §§ 713.06 and 713.23 . . .

STANDARD HEATING SERVICE, INC. v. GUYMANN CONSTRUCTION, INC., 459 So. 2d 1103 (Fla. Dist. Ct. App. 1984)

. . . motor oil, lubricants, and other petroleum products) were not “materials” within the meaning of section 713.23 . . . The furnishing of diesel fuel constituted the furnishing of materials under section 713.23. . . . Section 713.23(l)(d) provides in part: Either before beginning or within 45 days after beginning to furnish . . . s notice of intent to rely on the bond was required to be made to the contractor, not the surety. § 713.23 . . . Furthermore, the bond’s definition of a claimant appears no more expansive than the requirement of section 713.23 . . .

FLORIDA KEYS COMMUNITY COLLEGE, v. INSURANCE COMPANY OF NORTH AMERICA, 456 So. 2d 1250 (Fla. Dist. Ct. App. 1984)

. . . .-05 and 713.23, Florida Statutes (1977) even though it incorporates those statutes]. . . .

SEWER VIEWER, INC. v. SHAWNEE SUNSET DEVELOPERS, INC. a d b a, 454 So. 2d 701 (Fla. Dist. Ct. App. 1984)

. . . there is certainly no indication that the legislature intended to exclude the provisions of section 713.23 . . . Section 713.23 again makes reference to part I. . . .

UNITED PLUMBING AND HEATING, INC. v. T. GOLDBERGER,, 452 So. 2d 591 (Fla. Dist. Ct. App. 1984)

. . . Goldberger’s answer denied the debt, asserted the posting of a payment bond by Safeco pursuant to Section 713.23 . . . claim against Goldberger because Safeco had posted a payment bond pursuant to Sections 713.02(6) and 713.23 . . .

ALLAN ELECTRIC COMPANY, INC. v. POWER FACILITIES, INC. a k a, 450 So. 2d 1145 (Fla. Dist. Ct. App. 1984)

. . . General Insurance Company, the bond in this case does not make any reference to section 255.05 or section 713.23 . . .

GORMAN CO. OF FORT LAUDERDALE, INC. v. FRANK MAIO GENERAL CONTRACTOR, INC. St. Co., 438 So. 2d 1018 (Fla. Dist. Ct. App. 1983)

. . . indispensable party to a supplier’s action against the principal and surety under a bond required by section 713.23 . . . Section 713.23(l)(g) states: Any lienor shall have a direct right of action on the bond against the surety . . .

BROWARD COUNTY CARPENTERS HEALTH AND WELFARE TRUST FUND, v. SEYGO CONSTRUCTION CO. INC., 570 F. Supp. 817 (S.D. Fla. 1983)

. . . . § 713.23. . . . Notice under F.S.A. § 713.23. . . . Section 713.23 of the Florida Statutes states, in part: (e) In addition, any lienor who is not in privity . . . Additionally, there is no indication that the surety is entitled to notice under F.S.A. § 713.23. . . .

STRATTON OF FLORIDA, INC. St. v. CERASOLI,, 426 So. 2d 59 (Fla. Dist. Ct. App. 1983)

. . . including that appellee failed to comply with the forty-five day notice to contractor provision of section 713.23 . . . Section 713.23(l)(d), Florida Statutes (1980 Supp.), provides that notice must be given. . . . Section 713.23(l)(f) provides that “no action for the labor or materials or supplies may be instituted . . .

In NIVENS a k a d b a a In NIVENS, d b a a FIRST STATE BANK OF ABERNATHY, v. HOLDER, v. UNITED STATES SMALL BUSINESS ADMINISTRATION,, 22 B.R. 287 (Bankr. N.D. Tex. 1982)

. . . . § 713.23(b)(2) (1981). . . .

JULIAN E. JOHNSON SONS, INC. v. BALBOA INSURANCE CO., 408 So. 2d 1044 (Fla. 1982)

. . . purchased a bond from Balboa Insurance Company on behalf of the owner of the property pursuant to section 713.23 . . . Sections 713.02(6) and 713.23 of part I, relating to payment bonds, however, remove from part I owners . . . The court went on to comment on the effect of section 713.23 on section 713.29. . . . Resnick, supra, held that the legal effect of furnishing a payment bond pursuant to 713.23 is to exempt . . .

In E. SNELLGROVE, H. LUMBERMENS MUTUAL CASUALTY COMPANY, v. E. SNELLGROVE H., 15 B.R. 149 (Bankr. S.D. Fla. 1981)

. . . The debtors have also argued that plaintiff’s cause of action is barred by § 713.23, Florida Statutes . . .

HEGEMAN- HARRIS COMPANY, INC. v. ALL STATE PIPE SUPPLY COMPANY, INC., 400 So. 2d 1245 (Fla. Dist. Ct. App. 1981)

. . . . § 713.23, Fla.Stat. (1977). . § 627.756(2), Fla.Stat. (1977). . . .

MORGANTI SOUTH, INC. v. HARDY CONTRACTORS, INC. a B., 397 So. 2d 378 (Fla. Dist. Ct. App. 1981)

. . . The general contractor had posted a payment bond pursuant to Section 713.23, Florida Statutes (1977). . . . Our review of Sections 713.23 and 713.24, Florida Statutes (1977), convinces us that the proper venue . . .

ALLIED GENERAL CONTRACTORS v. SUPERIOR ASPHALT CO., 397 So. 2d 727 (Fla. Dist. Ct. App. 1981)

. . . Pursuant to section 713.23, Florida Statutes (1977), Allied posted a payment bond with United States . . . this appeal, the record shows that Superior substantially complied with any requirements of section 713.23 . . . See § 713.23(2), Fla.Stat. (1977). . . . underlying the latter language because one statute (§ 713.24) deals with valid liens, and the other (§ 713.23 . . .

COTTON STATES MUTUAL INSURANCE COMPANY, v. HUNT TRUCK SALES AND SERVICE, INC., 395 So. 2d 563 (Fla. Dist. Ct. App. 1981)

. . . See also Sec. 713.23, Fla.Stat. (1979). . . . . See §§ 713.02(6) and 713.23, Fla.Stat. (1979). . . .

BANKERS SHIPPERS INSURANCE COMPANY OF NEW YORK, v. AIA INSULATION INDUSTRIES, INC. Co. S. I. Co. ARISTAR REALTY, INC. v. AIA INSULATION INDUSTRIES, INC. Co. S. I. Co. a SAFECO INSURANCE COMPANY OF AMERICA, v. AIA INSULATION INDUSTRIES, INC. Co. S. I. Co., 390 So. 2d 734 (Fla. Dist. Ct. App. 1980)

. . . Pursuant to the prime contract Inland furnished a Payment Bond provided for in Section 713.23, Florida . . . Goldman’s suit against Bankers was untimely in view of the one year limitation contained in Section 713.23 . . . Section 713.23, Florida Statutes (1973), requires that suit on a payment bond be instituted or prosecuted . . . Resnick, supra, held that the legal effect of furnishing a payment bond pursuant to 713.23 is to exempt . . . recording a notice of bond as provided in Section 713.23(2), Florida Statutes (1979). . . . we misinterpreted the statutory language relating to the statute of limitations contained in Section 713.23 . . . Upon further consideration of Section 713.23, we concede the petitioner’s contention and hold that the . . . Thus, the claim was untimely under the statute of limitations contained in Section 713.23, Florida Statutes . . .

COORDINATED CONSTRUCTORS, v. FLORIDA FILL, INC., 387 So. 2d 1006 (Fla. Dist. Ct. App. 1980)

. . . appellee as lienor in a direct action against a payment bond furnished by appellants, pursuant to Section 713.23 . . . A general contractor’s bond, furnished pursuant to Section 713.23, Florida Statutes (1977), is a payment . . . effect of the payment bond furnished by the general contractor and the surety, pursuant to Section 713.23 . . .

ALPHA ELECTRIC SUPPLY, INC. v. F. FEASTER, INC. Co., 386 So. 2d 594 (Fla. Dist. Ct. App. 1980)

. . . Feaster, Inc., and the bonding company on a payment bond issued pursuant to section 713.23, Florida Statutes . . .

GENERAL INSURANCE COMPANY OF AMERICA, v. SENTRY INDEMNITY COMPANY W. W. Co., 384 So. 2d 1305 (Fla. Dist. Ct. App. 1980)

. . . General contended that Arnold’s payment bond was a statutory bond governed by Section 713.23, Florida . . . broader and more protective than the statute required, and the bonds substantially complied with Section 713.23 . . . one-year statute of limitation, and it protected the class of people intended to be protected by Section 713.23 . . . In 1978, Section 713.23, Florida Statutes, was amended to include a form for payment bonds. . . . General contended that Arnold’s payment bond was a statutory bond governed by section 713.23, Florida . . . law” bond rather than a “statutory” bond because it is broader in scope than required under section 713.23 . . . The bond in question does not make any reference to section 713.23. . . . this action but is not involved in this appeal, and that other bond specifically incorporated section 713.23 . . .

MOTOR CITY ELECTRIC COMPANY, v. OHIO CASUALTY INSURANCE COMPANY, 374 So. 2d 1068 (Fla. Dist. Ct. App. 1979)

. . . complaint was dismissed for exceeding the one year limitations period provided for by Sections 255.05 and 713.23 . . . the prosecution of the work provided for in the contract as prescribed by section 255.05 or section 713.23 . . . We agree that the bond in question is not governed by the provisions of Sections 255.05 and 713.23 despite . . . When Section 713.23 is read in conjunction with Section 713.02(6), it provides for a payment bond for . . . Section 713.23 additionally requires that the performance bond equal the amount of the original contract . . .

BALBOA INSURANCE COMPANY, v. ALPHA ELECTRIC SUPPLY, INC., 373 So. 2d 391 (Fla. Dist. Ct. App. 1979)

. . . well as an affirmative defense that Alpha failed to send a notice to the owner as required by Sections 713.23 . . . and, being so, the surety is not entitled to take advantage of the procedural requirements of Section 713.23 . . . The notice provisions of the bond were in general conformity with those provided in Section 713.23. . . . or with a sub-contractor of the principal for labor, material or both, and the language of Section 713.23 . . . Still, the notice and time limitations stated in the bond exactly parallel those of Section 713.23. . . .

A. JONES, v. W. L. COBB CONSTRUCTION COMPANY, INC., 371 So. 2d 550 (Fla. Dist. Ct. App. 1979)

. . . Jones, et ah, appellants, was provided in lieu of a statutory payment bond as contemplated by Section 713.23 . . . personal guarantee must likewise be construed to afford the full protection contemplated by a Section 713.23 . . . Section 713.23, Florida Statutes (1977) provides that a payment bond “shall be executed as surety by . . . payment bond, the Fourth District Court stated: Suffice to say, a bond furnished pursuant to Section 713.23 . . . DCA 1978): Thus, proof of the existence of a payment bond meeting all of the conditions of Section 713.23 . . .

COHEN v. T. LUNSFORD, 362 So. 2d 383 (Fla. Dist. Ct. App. 1978)

. . . the general contractor on the two projects furnished statutory payment bonds to owners under Section 713.23 . . .

E. E. DEAN SNAVELY, INC. v. SULLIVAN, 360 So. 2d 451 (Fla. Dist. Ct. App. 1978)

. . . Snavely, through its surety, furnished Rogers a payment and performance bond in accordance with Section 713.23 . . . contractor’s performance and payment bond, which incorporated both the provisions of the contract and 713.23 . . . The relief which Moody sought under Section 713.23 was entirely separate from that afforded him by 713.08 . . . Section 713.23 requires only that a suit be instituted against the contractor or the surety on the bond . . . than one year after the last possible date for providing labor and materials as provided by Section 713.23 . . .

ALPHA ELECTRIC SUPPLY, INC. v. F. FEASTER, INC., 358 So. 2d 892 (Fla. Dist. Ct. App. 1978)

. . . The general contractor furnished a payment bond pursuant to Section 713.23, Florida Statutes (1975), . . . Thus, proof of the existence of a payment bond meeting all of the conditions of Section 713.23, Florida . . . affirmatively by allegations showing that the payment bond did, in fact, meet all the conditions of Section 713.23 . . . However, appellant’s right of recovery under Section 713.23 clearly is a direct right against the principal . . .

T. GOLDBERGER, d b a v. UNITED PLUMBING AND HEATING, INC. a a Co., 358 So. 2d 860 (Fla. Dist. Ct. App. 1978)

. . . allegations affirmatively showed that no cause of action existed against the owners’ property because a § 713.23 . . . specific finding by the trial court that a payment bond was provided by the contractor pursuant to § 713.23 . . .

AETNA CASUALTY AND SURETY COMPANY, a v. WARREN BROTHERS COMPANY, DIVISION OF ASHLAND OIL, INC., 355 So. 2d 785 (Fla. 1978)

. . . Casualty and Surety Company, acted as surety with respect to the subcontract and, as provided by Section 713.23 . . .

AMERICAN INSURANCE COMPANY, v. COLEY ELECTRIC SUPPLY COMPANY, INC. a, 354 So. 2d 390 (Fla. Dist. Ct. App. 1978)

. . . surety payment performance bond for performance by the general contractor in accordance with Section 713.23 . . .

HUNT TRUCK SALES AND SERVICE, INC. v. BONANZA CONSTRUCTION, INC., 353 So. 2d 612 (Fla. Dist. Ct. App. 1977)

. . . among others, that the bond referred to in Count VI of the complaint was furnished pursuant to Sec. 713.23 . . . That the bond be in at least the amount of the contract price is an essential feature of a Section 713.23 . . . Suffice to say, a bond furnished pursuant to Sec. 713.23 Florida Statutes (1975) must comply with the . . . course, it may well be that upon remand the appellees will set up the defense afforded them by Sec. 713.23 . . .

VIC TANNY OF FLORIDA, INC. v. FRED McGILVRAY, INC. a, 348 So. 2d 648 (Fla. Dist. Ct. App. 1977)

. . . to commence an action to enforce any claim of lien or claim against a bond or other security under § 713.23 . . .

SUCKLE v. CINCINNATI INSURANCE COMPANY,, 348 So. 2d 1161 (Fla. Dist. Ct. App. 1977)

. . . performance of the labor or completion of the delivery of materials and supplies as required by Section 713.23 . . .

E. E. DEAN SNAVELY, INC. v. WEATHERKING, INC., 343 So. 2d 58 (Fla. Dist. Ct. App. 1977)

. . . . § 713.23, notwithstanding the plaintiff’s admitted failure to give timely notice to the owner as required . . . The statutory provision in question, F.S. § 713.23 expressly states “. . . . . . The same rules apply, we hold, to an action such as this one, under a § 713.23 bond. . . .

HAWAIIAN INN OF DAYTONA BEACH, INC. v. H. DUNN d b a, 342 So. 2d 132 (Fla. Dist. Ct. App. 1977)

. . . Section 713.23. . . . Sections 713.02(6), 713.23. . . . “labor and material payment bonds” which were intended to and did substantially comply with Section 713.23 . . . The suppliers point out that while an action on a payment bond provided under Section 713.23 must be . . . any direct contract the owner may require the contractor to furnish a payment bond as provided in s. 713.23 . . .

EDWARD L. NEZELEK, INC. v. CONCREFORM COMPANY, a a TRAVELERS INDEMNITY COMPANY, v. CONCREFORM COMPANY, a a, 351 So. 2d 1046 (Fla. Dist. Ct. App. 1977)

. . . in existence a payment bond exempting the owner and his surety, the Appellant, pursuant to Section 713.23 . . .

RESNICK DEVELOPERS SOUTH, INC. v. CLERICI, INC. a, 340 So. 2d 1194 (Fla. Dist. Ct. App. 1976)

. . . this contract the owner required the general contractor to furnish a payment bond pursuant to Section 713.23 . . . This bond was in proper form and qualified as a payment bond under the provisions of Section 713.23. . . . The Notice of Commencement properly contained the name and address of the surety on the § 713.23 payment . . . If subcontractor attempted to foreclose its claim of lien the owner could raise its § 713.23 exemption . . . However in this ease there was a proper § 713.23 payment bond and the subcontractor did not have, nor . . .

GENERAL ELECTRIC COMPANY, a v. COMMERCIAL STANDARD INSURANCE COMPANY, a, 335 So. 2d 624 (Fla. Dist. Ct. App. 1976)

. . . as prescribed in Section 95.11, Florida Statutes, or by the one year statute as set out in Section 713.23 . . . The complaint also alleged that although the bond was purportedly given in accordance with Section 713.23 . . . Section 713.23, Florida Statutes, provides, inter alia: “. . . . . . supplied) Although the subject bond is entitled “Statutory Payment Bond Pursuant to Sections 713.02(6) and 713.23 . . . it was not in at least the amount of the original contract price and thus not as required in Section 713.23 . . .

CINCINNATI INSURANCE COMPANY v. PUTNAM, 335 So. 2d 855 (Fla. Dist. Ct. App. 1976)

. . . be entitled to enforce his claim of lien by direct action against Cincinnati, surety, under section 713.23 . . . the surety is not liable if the principal is not liable. 30 Fla.Jur., Surety-ships, sec. 14; F.S. § 713.23 . . . was with Brody then Putnam’s action against Cincinnati would be proper and in accordance with section 713.23 . . .

GUIN HUNT, INC. v. HUGHES SUPPLY, INC. a, 335 So. 2d 842 (Fla. Dist. Ct. App. 1976)

. . . The subcontractor then sought to recover on the bond as provided by § 713.23, Florida Statutes. . . . Appellants contend that the bond in question is a common law bond and not given pursuant to § 713.23. . . . liens, the bond must be construed and applied in accordance with the conditions and provisions of § 713.23 . . . It is not mandatory under § 713.23 for a private owner to require a bond to protect lien claimants. . . . As such the bond should be construed as a “payment bond” in accordance with the provisions of § 713.23 . . .

TORRES, v. C., 334 So. 2d 59 (Fla. Dist. Ct. App. 1976)

. . . improvement after default or abandonment, whether or not a project has a payment bond complying with § 713.23 . . .

GRUBBS, v. L. BUTZ,, 514 F.2d 1323 (D.C. Cir. 1975)

. . . . § 713.23, one of the regulations adopted by the Civil Service Commission as a means of implementing . . .

WESTINGHOUSE ELECTRIC SUPPLY COMPANY, a a v. MIDWAY SHOPPING MALL, INC., 277 So. 2d 809 (Fla. Dist. Ct. App. 1973)

. . . Hannan South on the same date posted a payment bond pursuant to Florida Statute 713.23, F.S.A. . . .

THERMO AIR CONTRACTORS, INC. a v. TRAVELERS INDEMNITY CO. a, 277 So. 2d 47 (Fla. Dist. Ct. App. 1973)

. . . . § 713.23 F.S.A., barred any recovery against the surety. . . .

APPROVED DRY WALL CONSTRUCTION, INC. v. MORGAN PROPERTIES, INC. a, 263 So. 2d 243 (Fla. Dist. Ct. App. 1972)

. . . . § 713.23, F.S.A. Appellant takes alternative positions on this appeal. . . .

P. SCHLEIFER, v. ALL- SHORES CONST. AND SUPPLY CO. a, 260 So. 2d 270 (Fla. Dist. Ct. App. 1972)

. . . There is no question that the bond conformed to the requirements of Florida Statutes, Section 713.23, . . . any direct contract the owner may require the contractor to furnish a payment bond as provided in § 713.23 . . . consider the exemption afforded the owner by virtue of his having secured the payment bond under F.S. § 713.23 . . . In the first place, we think that securing of the payment bond pursuant to F.S. § 713.23, F.S.A., exempted . . .

HOUDAILLE INDUSTRIES, INC. v. UNITED BONDING INSURANCE COMPANY,, 453 F.2d 1048 (5th Cir. 1972)

. . . . § 713.23; and that it was intended to comply with the Florida Insurance Code, F.S.A. § 627.0905. . . . United makes no contention to us that these interpretations of § 713.23 are incorrect, but takes the . . . position that a § 713.23 bond is not mandatory on private construction. . . . The title and subject matter of § 713.23 are “payment bond.” . . . F.S.A. § 713.23. . . . .

STATE FLORIDA, WESTINGHOUSE ELECTRIC SUPPLY COMPANY, a a a a v. WESLEY CONSTRUCTION COMPANY, a a a, 316 F. Supp. 490 (S.D. Fla. 1970)

. . . of whether the AETNA and CONTINENTAL bonds are bonds which are covered by the provisions of Section 713.23 . . . Fla.Statutes 713.23, F.S.A. . . . Statutes 713.01 and 713.23. THIRD PARTY CLAIM ON SUBCONTRACT The subcontract is also prolix. . . .

UNITED BONDING INSURANCE COMPANY, v. C. MINICHIELLO,, 221 So. 2d 220 (Fla. Dist. Ct. App. 1969)

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