Florida Statute 714.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 714
UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT

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F.S. 714.02

714.02 Definitions.—For the purposes of this chapter, the term:

(1) “Affiliate” means:

(a) With respect to an individual:

1. A companion of the individual;

2. A lineal ancestor or descendant, whether by blood or adoption, of:

a. The individual; or

b. A companion of the individual;

3. A companion of an ancestor or descendant as described in subparagraph 2.;

4. A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them; or

5. Any other person occupying the residence of the individual; and

(b) With respect to a person other than an individual:

1. Another person who directly or indirectly controls, is controlled by, or is under common control with the person;

2. An officer, director, manager, member, partner, employee, or trustee or other fiduciary of the person; or

3. A companion of an individual or an individual occupying the residence of an individual.

(2) “Companion” means:

(a) The spouse of an individual;

(b) The registered domestic partner of an individual; or

(3) “Court” means the court of general equity jurisdiction in this state.

(4) “Executory contract” means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach.

(5) “Governmental unit” means an office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state.

(6) “Lien” means an interest in property which secures payment or performance of an obligation.

(7) “Mortgage” means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if the record also creates or provides for a lien on personal property.

(8) “Mortgagee” means a person entitled to enforce an obligation secured by a mortgage.

(9) “Mortgagor” means a person who grants a mortgage or a successor in ownership of the real property described in the mortgage.

(10) “Owner” means the person for whose property a receiver is appointed.

(11) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality or other legal entity.

(12) “Proceeds” means any of the following property:

(a) Whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property.

(b) Whatever is collected on, or distributed on account of, receivership property.

(d) To the extent of the value of receivership property, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to the property.

(e) To the extent of the value of receivership property and to the extent payable to the owner or mortgagee, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to the property.

(13) “Property” means all of a person’s right, title, and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. The term includes proceeds, products, offspring, rents, or profits of or from the property.

(14) “Receiver” means a person appointed by the court as the court’s agent, and subject to the court’s direction, to take possession of, manage, and, if authorized by this chapter or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property.

(15) “Receivership” means a proceeding in which a receiver is appointed.

(16) “Receivership property” means the property of an owner which is described in the order appointing a receiver or a subsequent order. The term includes any proceeds, products, offspring, rents, or profits of or from the property.

(17) “Record,” if used as a noun, means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form.

(18) “Rents” means:

(a) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;

(b) Sums payable to a mortgagor under a policy of rental-interruption insurance covering real property;

(c) Claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;

(d) Sums payable to terminate an agreement to possess or occupy real property of another person;

(e) Sums payable to a mortgagor for payment or reimbursement of expenses incurred in owning, operating, and maintaining real property or constructing or installing improvements on real property; or

(f) Other sums payable under an agreement relating to the real property of another person which constitute rents under the laws of this state other than this act.

(19) “Secured obligation” means an obligation the payment or performance of which is secured by a security agreement.

(20) “Security agreement” means an agreement that creates or provides for a lien.

(21) “Sign” means, with present intent to authenticate or adopt a record:

(a) To execute or adopt a tangible symbol; or

(b) To attach to or logically associate with the record an electronic sound, symbol, or process.

(22) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

History.—s. 1, ch. 2020-106.

F.S. 714.02 on Google Scholar

F.S. 714.02 on Casetext

Amendments to 714.02

Arrestable Offenses / Crimes under Fla. Stat. 714.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 714.02.

Annotations, Discussions, Cases:

Cases Citing Statute 714.02

Total Results: 16

In Re: Amendments to Florida Rules of General Practice and Judicial Administration 2.420 and 2.533

Court: Supreme Court of Florida | Date Filed: 2023-06-08

Snippet: (Unless redaction is requested pursuant tounder § 119.0714(2), Fla. Stat., this information is exempt only as

In Re: Amendments to Florida Rules of General Practice and Judicial Administration 2.420 and 2.533

Court: Supreme Court of Florida | Date Filed: 2023-05-11

Snippet: (Unless redaction is requested pursuant tounder § 119.0714(2), Fla. Stat., this information is exempt only as

JAMES P. MEJIA v. ROSA B. MEJIA

Court: District Court of Appeal of Florida | Date Filed: 2020-04-29

Snippet: financial affidavit reflected a monthly deficit of $11,714.02. The husband filed a financial affidavit reflecting

KIA MOTORS AMERICA, INC. v. KHRISTOPHER DOUGHTY & KATARZYNA DZIEWIECIEN

Court: District Court of Appeal of Florida | Date Filed: 2018-03-14

Citation: 242 So. 3d 1172

Snippet: consequential damages resulting from the breach. See § 672.714(2), (3), Fla. Stat. (2014); Bill Branch Chevrolet

In Re Amendments to FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420

Court: Supreme Court of Florida | Date Filed: 2015-01-22

Citation: 156 So. 3d 499, 40 Fla. L. Weekly Supp. 29, 43 Media L. Rep. (BNA) 1199, 2015 Fla. LEXIS 113

Snippet: (Unless redaction is requested pursuant to § 119.0714(2), Fla. Stat., this information is exempt only as

In re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2013-03-28

Citation: 124 So. 3d 819, 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543

Snippet: (Unless redaction is requested pursuant to §_119.0714(2), Fla. Stat., this informa*827tion is exempt only

In Re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2011-07-07

Citation: 68 So. 3d 228, 36 Fla. L. Weekly Supp. 414, 2011 Fla. LEXIS 1573, 2011 WL 2637473

Snippet: (Unless redaction is requested pursuant to § 119.0714(2), this information is exempt only as of January

In Re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2010-03-18

Citation: 31 So. 3d 756, 35 Fla. L. Weekly Supp. 180, 2010 Fla. LEXIS 405, 2010 WL 958075

Snippet: (Unless redaction is requested pursuant to 119.0714(2), this information is exempt only as of January

Halliburton Co. v. Eastern Cement Corp.

Court: District Court of Appeal of Florida | Date Filed: 1996-05-13

Citation: 672 So. 2d 844, 1996 WL 93682

Snippet: Exch. 341, 156 Eng.Rep. 145 (1854). Section 672.714(2) states that the measure of general damages is the

Channing v. Colonial Press of Miami, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1984-10-16

Citation: 457 So. 2d 588, 9 Fla. L. Weekly 2203, 1984 Fla. App. LEXIS 15556

Snippet: thus affecting their value pursuant to Section 672.714(2), Florida Statutes (1983).

Lawson v. Turner

Court: District Court of Appeal of Florida | Date Filed: 1981-10-14

Citation: 404 So. 2d 424, 32 U.C.C. Rep. Serv. (West) 744

Snippet: warranty of title are set forth in Section 672.714(2) and (3), Florida Statutes (1973). Bill Branch Chevrolet

ADAM METAL SUPPLY v. Electrodex, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1980-09-03

Citation: 386 So. 2d 1316, 30 U.C.C. Rep. Serv. (West) 178

Snippet: It should be noted that in applying Section 672.714(2), we have used the value of the aluminum after it

Bill Branch Chevrolet, Inc. v. Redmond

Court: District Court of Appeal of Florida | Date Filed: 1980-01-04

Citation: 378 So. 2d 319, 28 U.C.C. Rep. Serv. (West) 56, 1980 Fla. App. LEXIS 15413

Snippet: been as warranted," with good title. Section 672.714(2), Fla. Stat. (1977). Additionally, appellee was

Carter Hawley Hale Stores, Inc. v. Conley

Court: District Court of Appeal of Florida | Date Filed: 1979-06-19

Citation: 372 So. 2d 965, 26 U.C.C. Rep. Serv. (West) 860, 1979 Fla. App. LEXIS 15390

Snippet: had if they had been as warranted. Section 672.714(2), Florida Statutes. "11. As to the difference in

State v. Robinson

Court: Supreme Court of Florida | Date Filed: 1961-07-12

Citation: 132 So. 2d 156

Snippet: [1] Robinson v. State, Fla.App. 1960, 124 So.2d 714. [2] "(1) Districts and presiding officer. "There

Chaachou v. Chaachou

Court: District Court of Appeal of Florida | Date Filed: 1960-02-18

Citation: 118 So. 2d 73

Snippet: v. General Motors Corp., 7 Cir., 1956, 229 F.2d 714; 2 Moore, Federal Practice, § 12.23 (2d ed. 1948)