Florida Statutes > Chapter 713 – Liens, Generally


Part I	Construction Liens	713.001 – 713.37
Part II	Miscellaneous Liens	713.50 – 713.79
Part III	Oil and Gas Liens	713.801 – 713.825
Part IV	Florida Uniform Federal Lien Registration Act	713.901

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Terms Used In Florida Statutes > Chapter 713 - Liens, Generally

accommodation: shall include , but is not limited to, any apartment, residential cooperative unit, residential condominium unit, cabin, lodge, hotel or motel room, or other accommodation designed for overnight occupancy for one or more individuals. See Florida Statutes 719.103
Accommodation: means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, campground, cruise ship cabin, houseboat or other vessel, recreational or other motor vehicle, or any private or commercial structure which is real or personal property and designed for overnight occupancy by one or more individuals. See Florida Statutes 721.05
Account: means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Florida Statutes 740.002
Accounting period: means a calendar year unless a fiduciary selects another period of 12 calendar months or approximately 12 calendar months. See Florida Statutes 738.102
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agent: means a person that is granted authority to act for a principal under a durable or nondurable power of attorney, whether denominated an agent, an attorney in fact, or otherwise. See Florida Statutes 740.002
Aggregate: means the amounts reported for owners of unclaimed property of less than $10 or where there is no name for the individual or entity listed on the holder's records, regardless of the amount to be reported. See Florida Statutes 717.101
Agreement for deed: means any written contract utilized in the sale of timeshare estates which provides that legal title will not be conveyed to the purchaser until the contract price has been paid in full and the terms of payment of which extend for a period in excess of 180 days after either the date of execution of the contract or completion of construction, whichever occurs later. See Florida Statutes 721.05
Agreement for transfer: means any written contract utilized in the sale of personal property timeshare interests which provides that legal title will not be transferred to the purchaser until the contract price has been paid in full and the terms of payment of which extend for a period in excess of 180 days after either the date of execution of the contract or completion of construction, whichever occurs later. See Florida Statutes 721.05
Allegation: something that someone says happened.
Alternative funding method: means a method approved by the division for funding the capital expenditures and deferred maintenance obligations for a multicondominium association operating at least 25 condominiums which may reasonably be expected to fully satisfy the association's reserve funding obligations by the allocation of funds in the annual operating budget. See Florida Statutes 718.103
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
amenity fee: means a sum or sums of money payable to the association, to the developer or other owner of common areas, or to recreational facilities and other properties serving the parcels by the owners of one or more parcels as authorized in the governing documents, which if not paid by the owner of a parcel, can result in a lien against the parcel. See Florida Statutes 720.301
Amortization: Paying off a loan by regular installments.
Amounts secured by the lien: means all amounts secured by an assessment lien or mortgage lien, including, but not limited to, all past due amounts, accrued interest, late fees, taxes, advances for the payment of taxes, insurance and maintenance of the timeshare interest, and any fees or costs incurred by the lienholder or trustee, including any reasonable attorney's fees, trustee's fees, and costs incurred in connection with the default. See Florida Statutes 721.82
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Apparent owner: means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder. See Florida Statutes 717.101
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicable law: means the law of the jurisdiction where the accommodations and facilities referred to are located. See Florida Statutes 721.52
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Architect: means a person or firm that is authorized to practice architecture pursuant to chapter 481 or a general contractor who provides architectural services under a design-build contract authorized by…. See Florida Statutes 713.01
Arrest: Taking physical custody of a person by lawful authority.
Assessment: means a share of the funds which are required for the payment of common expenses, which from time to time is assessed against the unit owner. See Florida Statutes 718.103
Assessment: means a share of the funds required for the payment of common expenses, which from time to time is assessed against the unit owner. See Florida Statutes 719.103
Assessment: means the share of funds required for the payment of common expenses which is assessed from time to time against each purchaser by the managing entity. See Florida Statutes 721.05
Assessment lien: means :
(a) A lien for delinquent assessments as provided in ss. See Florida Statutes 721.82
Asset: means a legal or equitable interest of the assignor in property, which includes anything that may be the subject of ownership, whether real or personal, tangible or intangible, including claims and causes of action, whether arising by contract or in tort, wherever located, and by whomever held at the date of the assignment, except property exempt by law from forced sale. See Florida Statutes 727.103
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assignee: means a natural person solely in such person's capacity as an assignee for the benefit of creditors under the provisions of this chapter, which assignee shall not be a creditor or an equity security holder or have any interest adverse to the interest of the estate. See Florida Statutes 727.103
Assignment: means an assignment for the benefit of creditors made under this chapter. See Florida Statutes 727.103
Assignor: means the person or entity that has executed and delivered the assignment to the assignee. See Florida Statutes 727.103
Association: means , in addition to any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership. See Florida Statutes 718.103
Association: means the corporation for profit or not for profit that owns the record interest in the cooperative property or a leasehold of the property of a cooperative and that is responsible for the operation of the cooperative. See Florida Statutes 719.103
association: means a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. See Florida Statutes 720.301
Association property: means that property, real and personal, which is owned or leased by, or is dedicated by a recorded plat to, the association for the use and benefit of its members. See Florida Statutes 718.103
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Audit: means an action or proceeding to examine and verify a person's records, books, accounts, and other documents to ascertain and determine compliance with this chapter. See Florida Statutes 717.101
Audit agent: means a person with whom the department enters into a ¹contract to conduct an audit or examination. See Florida Statutes 717.101
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Benefactor: means the creator of the interest that is subject to a disclaimer. See Florida Statutes 739.102
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Beneficiary: includes :
(a) For a trust:
1. See Florida Statutes 738.102
Beneficiary designation: means an instrument, other than an instrument creating or amending a trust, naming the beneficiary of:
(a) An annuity or insurance policy;
(b) An account with a designation for payment on death;
(c) A security registered in beneficiary form;
(d) A pension, profit-sharing, retirement, or other employment-related benefit plan; or
(e) Any other nonprobate transfer at death. See Florida Statutes 739.102
board: means the board of directors or other representative body which is responsible for administration of the association. See Florida Statutes 718.103
Board of administration: means the board of directors or other representative body responsible for administration of the association. See Florida Statutes 719.103
Bulk assignee: means a person who is not a bulk buyer and who:
(a) Acquires more than seven condominium parcels in a single condominium as set forth in…. See Florida Statutes 718.703
Bulk buyer: means a person who acquires more than seven condominium parcels in a single condominium as set forth in…. See Florida Statutes 718.703
Business association: means any for-profit or nonprofit corporation other than a public corporation; joint stock company; investment company; unincorporated association or association of two or more individuals for business purposes, whether or not for profit; partnership; joint venture; limited liability company; sole proprietorship; business trust; trust company; land bank; safe-deposit company; safekeeping depository; financial organization; insurance company; federally chartered entity; utility company; or other business entity, whether or not for profit. See Florida Statutes 717.101
Buyer: means a person who purchases a condominium unit. See Florida Statutes 718.103
Buyer: means a person who purchases a cooperative. See Florida Statutes 719.103
Bylaws: means the bylaws of the association as they are amended from time to time. See Florida Statutes 718.103
Bylaws: means the bylaws of the association existing from time to time. See Florida Statutes 719.103
Carries: means to engage in the transmission of electronic communications. See Florida Statutes 740.002
Carrying value: means the fair market value at the time the assets are received by the fiduciary. See Florida Statutes 738.102
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Catalog of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Florida Statutes 740.002
Chambers: A judge's office.
Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
Claim of lien: means the claim recorded as provided in…. See Florida Statutes 713.01
Claimant: means the person on whose behalf a claim is filed. See Florida Statutes 717.101
Claims bar date: means the date that is 120 days after the date on which the petition is filed with the court. See Florida Statutes 727.103
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Closing: means :
(a) For any plan selling timeshare estates, conveyance of the legal or beneficial title to a timeshare estate as evidenced by the delivery of a deed for conveyance of legal title, or other instrument for conveyance of beneficial title, to the purchaser or to the clerk of the court for recording or conveyance of the equitable title to a timeshare estate as evidenced by the irretrievable delivery of an agreement for deed to the clerk of the court for recording. See Florida Statutes 721.05
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Commencement of the improvement: means the time of filing for record of the notice of commencement provided in…. See Florida Statutes 713.01
Committee: means a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the proposed annual budget or to take action on behalf of the board. See Florida Statutes 718.103
Committee: means a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the association budget or take action on behalf of the board. See Florida Statutes 719.103
Common area: means all real property within a community which is owned or leased by an association or dedicated for use or maintenance by the association or its members, including, regardless of whether title has been conveyed to the association:
(a) Real property the use of which is dedicated to the association or its members by a recorded plat; or
(b) Real property committed by a declaration of covenants to be leased or conveyed to the association. See Florida Statutes 720.301
Common areas: includes within its meaning the following:
(a) The cooperative property which is not included within the units. See Florida Statutes 719.103
Common elements: means the portions of the condominium property not included in the units. See Florida Statutes 718.103
Common expenses: means all expenses properly incurred by the association in the performance of its duties, including expenses specified in…. See Florida Statutes 718.103
Common expenses: means all expenses and assessments properly incurred by the association for the cooperative. See Florida Statutes 719.103
Common expenses: means :
(a) Those expenses, fees, or taxes properly incurred for the maintenance, operation, and repair of the accommodations or facilities, or both, constituting the timeshare plan. See Florida Statutes 721.05
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Common surplus: means the amount of all receipts or revenues, including assessments, rents, or profits, collected by a condominium association which exceeds common expenses. See Florida Statutes 718.103
Common surplus: means the excess of all receipts of the association, including, but not limited to, assessments, rents, profits, and revenues on account of the common areas, over the amount of common expenses. See Florida Statutes 719.103
community: includes all real property, including undeveloped phases, that is or was the subject of a development-of-regional-impact development order, together with any approved modification thereto. See Florida Statutes 720.301
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Completion of construction: means :
(a)1. See Florida Statutes 721.05
Component site: means a specific geographic site where a portion of the accommodations and facilities of the multisite timeshare plan are located. See Florida Statutes 721.52
concurrent developer: which means any person acting concurrently with the persons in this subsection with the purpose of offering timeshare interests in the ordinary course of business. See Florida Statutes 721.05
Condominium: means that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements. See Florida Statutes 718.103
Condominium parcel: means a unit, together with the undivided share in the common elements appurtenant to the unit. See Florida Statutes 718.103
Condominium property: means the lands, leaseholds, and improvements, any personal property, and all easements and rights appurtenant thereto, regardless of whether contiguous, which are subjected to condominium ownership. See Florida Statutes 718.103
Consensual lienholder: means a creditor that has been granted a security interest or lien in personal property or real property of the assignor prior to the date on which a petition is filed with the court and whose security interest or lien has been perfected in accordance with applicable law. See Florida Statutes 727.103
Conspicuous type: means bold type in capital letters no smaller than the largest type, exclusive of headings, on the page on which it appears and, in all cases, at least 10-point type. See Florida Statutes 718.103
Conspicuous type: means type in capital letters no smaller than the largest type on the page on which it appears. See Florida Statutes 719.103
Conspicuous type: means :
(a) Type in upper and lower case letters two point sizes larger than the largest nonconspicuous type, exclusive of headings, on the page on which it appears but in at least 10-point type; or
(b) Where the use of 10-point type would be impractical or impossible with respect to a particular piece of written advertising material, a different style of type or print may be used, so long as the print remains conspicuous under the circumstances. See Florida Statutes 721.05
Construction: means construction, maintenance, operation, or repair in connection with any oil or gas pipeline or in connection with, or necessary for, the production of oil or gas, either in the development thereof or in working thereon in the subtractive process. See Florida Statutes 713.801
Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $25,000. See Florida Statutes 680.1031
Consumer resale timeshare interest: means :
(a) A timeshare interest owned by a purchaser;
(b) One or more reserved occupancy rights relating to a timeshare interest owned by a purchaser; or
(c) One or more reserved occupancy rights relating to, or arranged through, an exchange program in which a purchaser is a member. See Florida Statutes 721.05
Consumer timeshare reseller: means a purchaser who acquires a timeshare interest for his or her own use and occupancy and later offers the timeshare interest for resale or rental. See Florida Statutes 721.05
Content of an electronic communication: means information concerning the substance or meaning of the communication which:
(a) Has been sent or received by a user;
(b) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
(c) Is not readily accessible to the public. See Florida Statutes 740.002
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Contract: means any agreement conferring the rights and obligations of a timeshare plan on the purchaser. See Florida Statutes 721.05
Contract: means an agreement for improving real property, written or unwritten, express or implied, and includes extras or change orders. See Florida Statutes 713.01
Contract price: means the amount agreed upon by the contracting parties for performing all labor and services and furnishing all materials covered by their contract and must be increased or diminished by the price of extras or change orders, or by any amounts attributable to changes in the scope of the work or defects in workmanship or materials or any other breaches of the contract; but no penalty or liquidated damages between the owner and a contractor diminishes the contract price as to any other lienor. See Florida Statutes 713.01
contractor: includes an architect, landscape architect, or engineer who improves real property pursuant to a design-build contract authorized by…. See Florida Statutes 713.01
Conviction: A judgement of guilt against a criminal defendant.
Cooperative: means that form of ownership of real property wherein legal title is vested in a corporation or other entity and the beneficial use is evidenced by an ownership interest in the association and a lease or other muniment of title or possession granted by the association as the owner of all the cooperative property. See Florida Statutes 719.103
Cooperative documents: means :
(a) The documents that create a cooperative, including, but not limited to, articles of incorporation of the association, bylaws, and the ground lease or other underlying lease, if any. See Florida Statutes 719.103
Cooperative parcel: means the shares or other evidence of ownership in a cooperative representing an undivided share in the assets of the association, together with the lease or other muniment of title or possession. See Florida Statutes 719.103
Cooperative property: means the lands, leaseholds, and personal property owned by a cooperative association. See Florida Statutes 719.103
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Counterclaim: A claim that a defendant makes against a plaintiff.
Court: means the circuit court where the petition is filed in accordance with…. See Florida Statutes 727.103
Court: means a circuit court of this state. See Florida Statutes 738.102
Court: means a circuit court of this state. See Florida Statutes 740.002
creating developer: which means any person who creates the timeshare plan;

2. See Florida Statutes 721.05

Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}

Creditor: means any person having a claim against the assignor, whether such claim is contingent, liquidated, unliquidated, or disputed. See Florida Statutes 727.103

Current income beneficiary: means a beneficiary to which a fiduciary may or must distribute net income, regardless of whether the fiduciary also distributes principal to the beneficiary. See Florida Statutes 738.102

Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Florida Statutes 740.002

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Decedent: A deceased person.

declaration: means a recorded written instrument or instruments in the nature of covenants running with the land which subject the land comprising the community to the jurisdiction and control of an association or associations in which the owners of the parcels, or their association representatives, must be members. See Florida Statutes 720.301

declaration of condominium: means the instrument or instruments by which a condominium is created, as they are from time to time amended. See Florida Statutes 718.103

Deed: The legal instrument used to transfer title in real property from one person to another.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Department: means the Department of Financial Services. See Florida Statutes 717.101

Department: means the Department of Business and Professional Regulation. See Florida Statutes 720.301

Dependent: A person dependent for support upon another.

Designated recipient: means a person chosen by a user through an online tool to administer digital assets of the user. See Florida Statutes 740.002

Developer: means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary course of business, but does not include:

(a) An owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own occupancy;

(b) A cooperative association that creates a condominium by conversion of an existing residential cooperative after control of the association has been transferred to the unit owners if, following the conversion, the unit owners are the same persons who were unit owners of the cooperative and no units are offered for sale or lease to the public as part of the plan of conversion;

Developer: means a person who creates a cooperative or who offers cooperative parcels for sale or lease in the ordinary course of business, but does not include the owner or lessee of a unit who has acquired or leased the unit for his or her own occupancy, nor does it include a condominium association which creates a cooperative by conversion of an existing residential condominium after control of the association has been transferred to the unit owners if, following the conversion, the unit owners will be the same persons. See Florida Statutes 719.103

Developer: means a person or entity that:

(a) Creates the community served by the association; or

(b) Succeeds to the rights and liabilities of the person or entity that created the community served by the association, provided that such is evidenced in writing. See Florida Statutes 720.301

Developer: includes :

(a)1. See Florida Statutes 721.05

Devise: To gift property by will.

Digital asset: means an electronic record in which an individual has a right or interest. See Florida Statutes 740.002

Direct contract: means a contract between the owner and any other person. See Florida Statutes 713.01

Disclaimant: means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. See Florida Statutes 739.102

Disclaimed interest: means the interest that would have passed to the disclaimant had the disclaimer not been made. See Florida Statutes 739.102

Disclaimer: means the refusal to accept an interest in or power over property. See Florida Statutes 739.102

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

discriminatory: means that a homeowner is being treated differently as to the rent charged, the services rendered, or an action for possession or other civil action being taken by the park owner, without a reasonable basis for the different treatment. See Florida Statutes 723.003

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

Distribution: means a payment or transfer by a fiduciary to a beneficiary in the beneficiary's capacity as a beneficiary, without consideration other than the beneficiary's right to receive the payment or transfer under the terms of the trust as defined in this section, will, life estate, or term interest. See Florida Statutes 738.102

Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. See Florida Statutes 723.003

Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. See Florida Statutes 718.103

Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. See Florida Statutes 719.103

Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes in the Department of Business and Professional Regulation. See Florida Statutes 720.301

Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. See Florida Statutes 721.05

Docket: A log containing brief entries of court proceedings.

Domicile: means the state of incorporation for a corporation; the state of filing for a business association, other than a corporation, whose formation or organization requires a filing with a state; the state of organization for a business association, other than a corporation, whose formation or organization does not require a filing with a state; ²or the state of home office for a federally charted entity. See Florida Statutes 717.101

Drilling: means drilling, digging, torpedoing, acidizing, perforating, fracturing, testing, logging, cementing, completing, or repairing upon any land or leasehold for oil or gas purposes or for any oil or gas pipeline. See Florida Statutes 713.801

Due diligence: means the use of reasonable and prudent methods under particular circumstances to locate apparent owners of inactive accounts using the taxpayer identification number or social security number, if known, which may include, but are not limited to, using a nationwide database, cross-indexing with other records of the holder, mailing to the last known address unless the last known address is known to be inaccurate, providing written notice as described in this chapter by electronic mail if an apparent owner has elected such delivery, or engaging a licensed agency or company capable of conducting such search and providing updated addresses. See Florida Statutes 717.101

Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Florida Statutes 717.101

Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Florida Statutes 740.002

Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Florida Statutes 740.002

Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}

Electronic transmission: means a form of communication, not directly involving the physical transmission or transfer of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient and that may be directly reproduced in a comprehensible and legible paper form by the recipient through an automated process, such as a printer or copy machine. See Florida Statutes 723.003

Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}

Engineer: means a person or firm that is authorized to practice engineering pursuant to chapter 471 or a general contractor who provides engineering services under a design-build contract authorized by…. See Florida Statutes 713.01

Enrolled: means paid membership in an exchange program or membership in an exchange program evidenced by written acceptance or confirmation of membership. See Florida Statutes 721.05

Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

Equity facilities club: means a club comprised of recreational facilities in which proprietary membership interests are sold to individuals, which membership interests entitle the individuals to use certain physical facilities owned by the equity club. See Florida Statutes 719.103

Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Escrow account: means an account established solely for the purposes set forth in this chapter with a financial institution located within this state. See Florida Statutes 721.05

Escrow agent: includes only:

(a) A savings and loan association, bank, trust company, or other financial institution, any of which must be located in this state and any of which must have a net worth in excess of $5 million;

(b) An attorney who is a member of The Florida Bar or his or her law firm;

(d) A title insurance agent that is licensed pursuant to…. See Florida Statutes 721.05

Estate: means all of the assets of the assignor. See Florida Statutes 727.103

Estate: means a decedent's estate, including the property of the decedent as the estate is originally constituted and the property of the estate as it exists at any time during administration. See Florida Statutes 738.102

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Exchange company: means any person owning or operating, or owning and operating, an exchange program. See Florida Statutes 721.05

Exchange program: means any method, arrangement, or procedure for the voluntary exchange of the right to use and occupy accommodations and facilities among purchasers. See Florida Statutes 721.05

Executor: A male person named in a will to carry out the decedent

Extras or change orders: means labor, services, or materials for improving real property authorized by the owner and added to or deleted from labor, services, or materials covered by a previous contract between the same parties. See Florida Statutes 713.01

Facility: means any permanent amenity, including any structure, furnishing, fixture, equipment, service, improvement, or real or personal property, improved or unimproved, other than an accommodation of the timeshare plan, which is made available to the purchasers of a timeshare plan. See Florida Statutes 721.05

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.

Fiduciary: A trustee, executor, or administrator.

Fiduciary: includes a trustee, a trust director as defined in…. See Florida Statutes 738.102

Fiduciary: means a personal representative, trustee, agent acting under a power of attorney, guardian, or other person authorized to act as a fiduciary with respect to the property of another person. See Florida Statutes 739.102

Fiduciary: means an original, additional, or successor personal representative, guardian, agent, or trustee. See Florida Statutes 740.002

Filed public offering statement: means a public offering statement that has been filed with the division pursuant to…. See Florida Statutes 721.05

Filing date: means the date upon which the original petition is filed in accordance with…. See Florida Statutes 727.103

Final furnishing: means the last date that the lienor furnishes labor, services, or materials. See Florida Statutes 713.01

Financial organization: means a savings association, savings and loan association, savings bank, industrial bank, bank, banking organization, trust company, international bank agency, cooperative bank, building and loan association, or credit union. See Florida Statutes 717.101

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Forbearance: A means of handling a delinquent loan. A

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}

Fraud: Intentional deception resulting in injury to another.

furnish: when used in connection with the words "labor" or "services" or "materials" means performance or furnishing by the lienor or by another for him or her. See Florida Statutes 713.01

Furnish materials: means supply materials which are incorporated in the improvement including normal wastage in construction operations; or specially fabricated materials for incorporation in the improvement, not including any design work, submittals, or the like preliminary to actual fabrication of the materials; or supply materials used for the construction and not remaining in the improvement, subject to diminution by the salvage value of such materials; and includes supplying rental equipment, but does not include supplying handtools. See Florida Statutes 713.01

Future interest: means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. See Florida Statutes 739.102

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (s. See Florida Statutes 680.1031

Governing documents: means :

(a) The recorded declaration of covenants for a community and all duly adopted and recorded amendments, supplements, and recorded exhibits thereto; and

(b) The articles of incorporation and bylaws of the homeowners' association and any duly adopted amendments thereto. See Florida Statutes 720.301

Grantor: The person who establishes a trust and places property into it.

Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.

Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Guardian: means a person who is appointed by the court as guardian of the property of a minor or an incapacitated individual. See Florida Statutes 740.002

Health care provider: means any state-licensed entity that provides and receives payment for health care services. See Florida Statutes 717.101

Holder: means :

(a) A person who is in possession or control or has custody of property or the rights to property belonging to another; is indebted to another on an obligation; or is obligated to hold for the account of, or to deliver or pay to, the owner, property subject to this chapter; or

(b) A trustee in case of a trust. See Florida Statutes 717.101

homeowner: means a person who owns a mobile home and rents or leases a lot within a mobile home park for residential use. See Florida Statutes 723.003

Hurricane protection: means hurricane shutters, impact glass, code-compliant windows or doors, and other code-compliant hurricane protection products used to preserve and protect the condominium property or association property. See Florida Statutes 718.103

Improve: means build, erect, place, make, alter, remove, repair, or demolish any improvement over, upon, connected with, or beneath the surface of real property, or excavate any land, or furnish materials for any of these purposes, or perform any labor or services upon the improvements, including the furnishing of carpet or rugs or appliances that are permanently affixed to the real property and final construction cleanup to prepare a structure for occupancy; or perform any labor or services or furnish any materials in grading, seeding, sodding, or planting for landscaping purposes, including the furnishing of trees, shrubs, bushes, or plants that are planted on the real property, or in equipping any improvement with fixtures or permanent apparatus or provide any solid-waste collection or disposal on the site of the improvement. See Florida Statutes 713.01

Improvement: means any building, structure, construction, demolition, excavation, solid-waste removal, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit. See Florida Statutes 713.01

Incidental benefit: means an accommodation, product, service, discount, or other benefit which is offered to a prospective purchaser of a timeshare plan or to a purchaser of a timeshare plan prior to the expiration of his or her initial 10-day voidability period pursuant to…. See Florida Statutes 721.05

Income: means money or other property a fiduciary receives as current return from principal. See Florida Statutes 738.102

Income interest: means the right of a current income beneficiary to receive all or part of net income, whether the terms of the trust require the net income to be distributed or authorize the net income to be distributed in the fiduciary's discretion. See Florida Statutes 738.102

Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}

Independent person: means a person who is not:

(a) For a trust:

1. See Florida Statutes 738.102

Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Florida Statutes 740.002

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Insolvent: means , solely for purposes of this chapter, that the sum of a person's debts is greater than all of the person's assets at fair valuation and that the person is generally not paying his or her debts as they become due. See Florida Statutes 739.102

Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Florida Statutes 680.1031

Insurance company: means an association, corporation, or fraternal or mutual benefit organization, whether for profit or not for profit, which is engaged in providing insurance coverage. See Florida Statutes 717.101

Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.

Intangible property: includes , by way of illustration and not limitation:

(a) Moneys, checks, virtual currency, drafts, deposits, interest, dividends, and income. See Florida Statutes 717.101

Inter vivos: Transfer of property from one living person to another living person.

Interest holder: means a person, or his or her agent, holding, for oil or gas purposes or for any oil or gas pipeline, any interest in the legal or equitable title to any land or any leasehold interest, and shall include purchasers under executory contract, receivers, and trustees. See Florida Statutes 713.801

Interestholder: means a developer, an owner of the underlying fee or owner of the underlying personal property, a mortgagee, judgment creditor, or other lienor, or any other person having an interest in or lien or encumbrance against the accommodations or facilities of the timeshare plan. See Florida Statutes 721.05

Internal Revenue Code: means the Internal Revenue Code of 1986, as amended. See Florida Statutes 738.102

Intestate: Dying without leaving a will.

Inventory: means the accommodations and facilities located at a particular component site or sites owned, leased, licensed, or otherwise acquired for use by a developer and offered as part of the multisite timeshare plan. See Florida Statutes 721.52

Jointly held property: means property held in the names of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. See Florida Statutes 739.102

Junior interestholder: means any person who has a lien or interest of record against a timeshare interest in the county or counties in which the timeshare interest is located, which is inferior to the mortgage lien or assessment lien being foreclosed under this part. See Florida Statutes 721.82

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Kickback: means any thing or service of value, for which consideration has not been provided, for an officer's, a director's, or a manager's own benefit or that of his or her immediate family, from any person providing or proposing to provide goods or services to the association. See Florida Statutes 718.103

Laborer: means any person other than an architect, landscape architect, engineer, surveyor and mapper, and the like who, under properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or labor service of others. See Florida Statutes 713.01

Land: means the surface of a legally described parcel of real property and includes, unless otherwise specified in the declaration and whether separate from or including such surface, airspace lying above and subterranean space lying below such surface. See Florida Statutes 718.103

last known address: includes any partial description of the location of the apparent owner sufficient to establish the apparent owner was a resident of this state at the time of last contact with the apparent owner or at the time the property became due and payable. See Florida Statutes 717.101

Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.

Lead dealer: means any person who sells or otherwise provides a resale service provider or any other person with personal contact information for five or more owners of timeshare interests. See Florida Statutes 721.05

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Florida Statutes 680.1031

Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter. See Florida Statutes 680.1031

Lease contract: means the total legal obligation that results from the lease agreement as affected by this chapter and any other applicable rules of law. See Florida Statutes 680.1031

Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}

Legatee: A beneficiary of a decedent

Lender: means any person who loans money to an owner for construction of an improvement to real property, who secures that loan by recording a mortgage on the real property, and who periodically disburses portions of the proceeds of that loan for the payment of the improvement. See Florida Statutes 713.01

Lessee: means a person who acquires the right to possession and use of goods under a lease. See Florida Statutes 680.1031

Lessor: means a person who transfers the right to possession and use of goods under a lease. See Florida Statutes 680.1031

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Lien: A claim against real or personal property in satisfaction of a debt.

Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Florida Statutes 727.103

Lienholder: means a holder of an assessment lien or a holder of a mortgage lien, as applicable. See Florida Statutes 721.82

Lienor: means a person who is:

(a) A contractor;

(b) A subcontractor;

(d) A laborer;

(e) A materialman who contracts with the owner, a contractor, a subcontractor, or a sub-subcontractor; or

(f) A professional lienor under…. See Florida Statutes 713.01

Lienor giving notice: means any lienor, except a contractor, who has duly and timely served a notice to the owner and, if required, to the contractor and subcontractor, as provided in…. See Florida Statutes 713.01

Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).

Limited common areas: means those common areas which are reserved for the use of a certain cooperative unit or units to the exclusion of other units, as specified in the cooperative documents. See Florida Statutes 719.103

Limited common elements: means those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units, as specified in the declaration. See Florida Statutes 718.103

Liquidation value: means the value in cash obtainable upon a forced sale of assets after payment of valid liens encumbering said assets. See Florida Statutes 727.103

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Lot rental amount: means all financial obligations, except user fees, which are required as a condition of the tenancy. See Florida Statutes 723.003

Managed care payor: means a health care plan that has a defined system of selecting and limiting health care providers as evidenced by a managed care contract with the health care providers. See Florida Statutes 717.101

Managing entity: means the person who operates or maintains the timeshare plan pursuant to…. See Florida Statutes 721.05

Mandatory income interest: means the right of a current income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. See Florida Statutes 738.102

Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.

Material: means any machinery, equipment, appliances, buildings, structures, tools, bits, or supplies used in connection with any construction, drilling, or operating upon any land or leasehold for oil or gas purposes or for any oil or gas pipeline. See Florida Statutes 713.801

Materialman: means any person who furnishes materials under contract to the owner, contractor, subcontractor, or sub-subcontractor on the site of the improvement or for direct delivery to the site of the improvement or, for specially fabricated materials, off the site of the improvement for the particular improvement, and who performs no labor in the installation thereof. See Florida Statutes 713.01

materials: means performance or furnishing by the lienor or by another for him or her. See Florida Statutes 713.01

Mediation: means a process whereby a mediator appointed by the Division of Florida Condominiums, Timeshares, and Mobile Homes, or mutually selected by the parties, acts to encourage and facilitate the resolution of a dispute. See Florida Statutes 723.003

Member: means a member of an association, and may include, but is not limited to, a parcel owner or an association representing parcel owners or a combination thereof, and includes any person or entity obligated by the governing documents to pay an assessment or amenity fee. See Florida Statutes 720.301

Memorandum of agreement: means a written document, in a form sufficient to permit the document to be recorded or otherwise filed in the appropriate public records and to provide constructive notice of its contents under applicable law, which includes the names of the seller and the purchasers, a legal description of the timeshare property or other sufficient description for a personal property timeshare plan, and all timeshare interests to be included in such document, and a description of the type of timeshare interest sold by the seller. See Florida Statutes 721.05

minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01

Mobile home: means a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. See Florida Statutes 723.003

Mobile home lot: means a lot described by a park owner pursuant to the requirements of…. See Florida Statutes 723.003

Mobile home subdivision: means a subdivision of mobile homes where individual lots are owned by owners and where a portion of the subdivision or the amenities exclusively serving the subdivision are retained by the subdivision developer. See Florida Statutes 723.003

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Mortgage lien: means a security interest in a timeshare interest created by a mortgage encumbering the timeshare interest. See Florida Statutes 721.82

Mortgagee: The person to whom property is mortgaged and who has loaned the money.

Mortgagee: means a person holding a mortgage lien. See Florida Statutes 721.82

Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.

Mortgagor: means a person granting a mortgage lien or a person who has assumed the obligation secured by a mortgage lien. See Florida Statutes 721.82

Multicondominium: means real property containing two or more condominiums, all of which are operated by the same association. See Florida Statutes 718.103

Multisite timeshare plan: means any method, arrangement, or procedure with respect to which a purchaser obtains, by any means, a recurring right to use and occupy accommodations or facilities of more than one component site, only through use of a reservation system, whether or not the purchaser is able to elect to cease participating in the plan. See Florida Statutes 721.52

Negative notice: means notice as set forth in…. See Florida Statutes 727.103

Net income: means the total allocations during an accounting period to income under the terms of a trust and this chapter minus the disbursements during the period, other than distributions, allocated to income under the terms of the trust and this chapter. See Florida Statutes 738.102

Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

Nonspecific multisite timeshare plan: means a multisite timeshare plan with respect to which a purchaser receives a right to use all of the accommodations and facilities, if any, of the multisite timeshare plan through the reservation system, but no specific right to use any particular accommodations and facilities for the remaining term of the multisite timeshare plan in the event that the reservation system is terminated for any reason prior to the expiration of the term of the multisite timeshare plan. See Florida Statutes 721.52

Notice address: means :

(a) As to an assessment lien, the address of the owner of a timeshare interest as reflected by the books and records of the timeshare plan under ss. See Florida Statutes 721.82

Notice of commencement: means the notice recorded as provided in…. See Florida Statutes 713.01

Oath: A promise to tell the truth.

oath: includes affirmations. See Florida Statutes 1.01

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Obligor: means the mortgagor, the person subject to an assessment lien, or the record owner of the timeshare interest. See Florida Statutes 721.82

offer: means the solicitation, advertisement, or inducement, or any other method or attempt, to encourage any person to acquire the opportunity to participate in a timeshare plan. See Florida Statutes 721.05

Oil or gas pipeline: means any pipeline laid and designed as a means of transporting natural gas, oil, or gasoline, or their components or derivatives, and the right-of-way therefor. See Florida Statutes 713.801

One-to-one use right to use night requirement ratio: means that the sum of the nights that owners are entitled to use in a given 12-month period shall not exceed the number of nights available for use by those owners during the same 12-month period. See Florida Statutes 721.05

Online tool: means an electronic service provided by a custodian which allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Florida Statutes 740.002

Operating: means conducting any operation in connection with, or necessary to, the production of oil or gas, either in the development thereof or in working thereon in the subtractive process. See Florida Statutes 713.801

operation of the condominium: includes the administration and management of the condominium property and the association. See Florida Statutes 718.103

operation of the cooperative: includes the administration and management of the cooperative property. See Florida Statutes 719.103

Operator: means the person in charge of operations on lands or leaseholds for oil or gas purposes or for any oil or gas pipeline. See Florida Statutes 713.801

Operator of a mobile home park: means either a person who establishes a mobile home park on land that is leased from another person or a person who has been delegated the authority to act as the park owner in matters relating to the administration and management of the mobile home park, including, but not limited to, authority to make decisions relating to the mobile home park. See Florida Statutes 723.003

Original contractor: means any person for whose benefit a lien is prescribed by the provisions of…. See Florida Statutes 713.801

Owner: means a person, or the person's legal representative, entitled to receive or having a legal or equitable interest in or claim against property subject to this chapter; a depositor in the case of a deposit; a beneficiary in the case of a trust or a deposit in trust; or a payee in the case of a negotiable instrument or other intangible property. See Florida Statutes 717.101

Owner: means a person who is the owner of any legal or equitable interest in real property, which interest can be sold by legal process, and who enters into a contract for the improvement of the real property. See Florida Statutes 713.01

owner of a unit: means a record owner of legal title to a condominium parcel. See Florida Statutes 718.103

owner of a unit: means the person holding a share in the cooperative association and a lease or other muniment of title or possession of a unit that is granted by the association as the owner of the cooperative property. See Florida Statutes 719.103

owner of the underlying personal property: means any person having an interest in the real property or personal property comprising or underlying the accommodations or facilities of a timeshare plan at or subsequent to the time of creation of the timeshare plan. See Florida Statutes 721.05

Parcel: means a platted or unplatted lot, tract, unit, or other subdivision of real property within a community, as described in the declaration:

(a) Which is capable of separate conveyance; and

(b) Of which the parcel owner, or an association in which the parcel owner must be a member, is obligated:

1. See Florida Statutes 720.301

Parcel owner: means the record owner of legal title to a parcel. See Florida Statutes 720.301

park: means a use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes and in which the primary use of the park is residential. See Florida Statutes 723.003

park owner: means an owner or operator of a mobile home park. See Florida Statutes 723.003

parties: means a park owner as defined in subsection (13) and a homeowners' committee selected pursuant to…. See Florida Statutes 723.003

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Pass-through charge: means the mobile home owner's proportionate share of the necessary and actual direct costs and impact or hookup fees for a governmentally mandated capital improvement, which may include the necessary and actual direct costs and impact or hookup fees incurred for capital improvements required for public or private regulated utilities. See Florida Statutes 723.003

Permitted delivery service: means any nationally recognized common carrier delivery service, international airmail service that allows for return receipt service, or a service recognized by an international jurisdiction as the equivalent of certified, registered mail for that jurisdiction. See Florida Statutes 721.82

Person: means an individual; estate; business association; corporation; firm; association; joint adventure; partnership; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Florida Statutes 717.101

Person: means an individual; a business or a nonprofit entity; an estate; a trust; a public corporation; a government or governmental subdivision, agency, or instrumentality; or other legal entity. See Florida Statutes 738.102

Person: includes individuals, ascertained and unascertained, living or not living, whether entitled to an interest by right of intestacy or otherwise; a government, governmental subdivision, agency, or instrumentality; and a public corporation. See Florida Statutes 739.102

Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Florida Statutes 740.002

person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01

Personal contact information: means any information that can be used to contact the owner of a specific timeshare interest, including, but not limited to, the owner's name, address, telephone number, and e-mail address. See Florida Statutes 721.05

Personal property: All property that is not real property.

Personal property timeshare interest: means a right to occupy an accommodation located on or in or comprised of personal property that is not permanently affixed to real property, whether or not coupled with a beneficial or ownership interest in the accommodations or personal property. See Florida Statutes 721.05

personal property timeshare plan: which means a timeshare plan in which the accommodations are comprised of personal property that is not permanently affixed to real property; and

(b) A "real property timeshare plan" which means a timeshare plan in which the accommodations of the timeshare plan are comprised of or permanently affixed to real property. See Florida Statutes 721.05

Personal representative: means an executor, an administrator, a successor personal representative, a special administrator, or a person that performs substantially the same function with respect to an estate under the law governing the person's status. See Florida Statutes 738.102

Personal representative: means the fiduciary appointed by the court to administer the estate of a deceased individual pursuant to letters of administration or an order appointing a curator or administrator ad litem for the estate. See Florida Statutes 740.002

Petition: means the initial document filed with the court, as set forth in…. See Florida Statutes 727.103

Plaintiff: The person who files the complaint in a civil lawsuit.

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01

posting: means placing the document referred to on the site of the improvement in a conspicuous place at the front of the site and in a manner that protects the document from the weather. See Florida Statutes 713.01

Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

Power of attorney: means a record that grants an agent authority to act in the place of a principal pursuant to chapter 709. See Florida Statutes 740.002

Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Principal: means property held in trust for distribution to, production of income for, or use by a current or successor beneficiary. See Florida Statutes 738.102

Principal: means an individual who grants authority to an agent in a power of attorney. See Florida Statutes 740.002

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probate: Proving a will

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Public corporation: means a corporation created by the state, founded and owned in the public interest, supported by public funds, and governed by those deriving their power from the state. See Florida Statutes 717.101

Public offering statement: means the written materials describing a single-site timeshare plan or a multisite timeshare plan, including a text and any exhibits attached thereto as required by ss. See Florida Statutes 721.05

Purchaser: means any person, other than a developer, who by means of a voluntary transfer acquires a legal or equitable interest in a timeshare plan other than as security for an obligation. See Florida Statutes 721.05

Purchaser public offering statement: means that portion of the filed public offering statement which must be delivered to purchasers pursuant to…. See Florida Statutes 721.05

Quorum: The number of legislators that must be present to do business.

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Real property: means the land that is improved and the improvements thereon, including fixtures, except any such property owned by the state or any county, municipality, school board, or governmental agency, commission, or political subdivision. See Florida Statutes 713.01

Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 717.101

Record: means information inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 738.102

Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 740.002

Registered agent: means an agent duly appointed by the obligor under…. See Florida Statutes 721.82

registered mail: includes certified mail with return receipt requested. See Florida Statutes 1.01

Registered office: means the street address of the business office of the registered agent appointed under…. See Florida Statutes 721.82

Regulated short-term product: means a contractual right, offered by the seller, to use accommodations of a timeshare plan or other accommodations, provided that:

(a) The agreement to purchase the short-term right to use is executed in this state on the same day that the prospective purchaser receives an offer to acquire an interest in a timeshare plan and does not execute a purchase contract, after attending a sales presentation; and

(b) The acquisition of the right to use includes an agreement that all or a portion of the consideration paid by the prospective purchaser for the right to use will be applied to or credited against the price of a future purchase of a timeshare interest, or that the cost of a future purchase of a timeshare interest will be fixed or locked in at a specified price. See Florida Statutes 721.05

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.

Remote computing service: means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system as defined in Florida Statutes 740.002

rental agreement: means any mutual understanding or lease, whether oral or written, between a mobile home owner and a mobile home park owner in which the mobile home owner is entitled to place his or her mobile home on a mobile home lot for either direct or indirect remuneration of the mobile home park owner. See Florida Statutes 723.003

Rental agreement: means any written agreement, or oral agreement if for less duration than 1 year, providing for use and occupancy of premises. See Florida Statutes 718.103

Rental agreement: means any written agreement, or oral agreement if for less duration than 1 year, providing for use and occupancy of premises. See Florida Statutes 719.103

Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).

Resale advertiser: means any person who offers, personally or through an agent, resale advertising services to consumer timeshare resellers for compensation or valuable consideration, regardless of whether the offer is made in person, by mail, by telephone, through the Internet, or by any other medium of communication. See Florida Statutes 721.05

Resale advertising service: means any good or service relating to, or a promise of assistance in connection with, advertising or promoting the resale or rental of a consumer resale timeshare interest located or offered within this state, including any offer to advertise or promote the sale or purchase of any such interest. See Florida Statutes 721.05

Resale agreement: means a contract in which a mobile home owner authorizes the mobile home park owner, or the park owner's designee, to act as exclusive agent for the sale of the homeowner's mobile home for a commission or fee. See Florida Statutes 723.003

Resale broker: means any person, or any agent or employee of such person, who is licensed pursuant to chapter 475 and who offers or provides resale brokerage services to consumer timeshare resellers for compensation or valuable consideration, regardless of whether the offer is made in person, by mail, by telephone, through the Internet, or by any other medium of communication. See Florida Statutes 721.05

Resale brokerage services: means , with respect to a consumer resale timeshare interest in a timeshare property located or offered within this state, any activity that directly or indirectly consists of any of the activities described in…. See Florida Statutes 721.05

Resale service provider: means any resale advertiser, or other person or entity, including any agent or employee of such person or entity, who offers or uses telemarketing, direct mail, e-mail, or any other means of communication in connection with the offering of resale brokerage or resale advertising services to consumer timeshare resellers. See Florida Statutes 721.05

Resale transfer agreement: means a contract or other agreement between a person offering timeshare interest transfer services and a consumer timeshare reseller, in which the person offering timeshare interest transfer services agrees to provide such services as described in…. See Florida Statutes 721.05

Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

Reservation system: means the method, arrangement, or procedure by which a purchaser, in order to reserve the use and occupancy of any accommodation or facility of the multisite timeshare plan for one or more use periods, is required to compete with other purchasers in the same multisite timeshare plan regardless of whether such reservation system is operated and maintained by the multisite timeshare plan managing entity, an exchange company, or any other person. See Florida Statutes 721.52

Residential condominium: means a condominium consisting of two or more units, any of which are intended for use as a private temporary or permanent residence, except that a condominium is not a residential condominium if the use for which the units are intended is primarily commercial or industrial and not more than three units are intended to be used for private residence, and are intended to be used as housing for maintenance, managerial, janitorial, or other operational staff of the condominium. See Florida Statutes 718.103

Residential cooperative: means a cooperative consisting of cooperative units, any of which are intended for use as a private residence. See Florida Statutes 719.103

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).

Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.

Seller: means any developer or any other person, or any agent or employee thereof, who offers timeshare interests in the ordinary course of business. See Florida Statutes 721.05

Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.

Service of process: The service of writs or summonses to the appropriate party.

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Settlor: means a person, including a testator, who creates or contributes property to a trust. See Florida Statutes 738.102

Site of the improvement: means the real property which is being improved and on which labor or services are performed or materials furnished in furtherance of the operations of improving such real property. See Florida Statutes 713.01

Special assessment: means any assessment levied against a unit owner other than the assessment required by a budget adopted annually. See Florida Statutes 718.103

Special assessment: means any assessment levied against unit owners other than the assessment required by a budget adopted annually. See Florida Statutes 719.103

Special tax benefit: means :

(a) Exclusion of a transfer to a trust from gifts described in…. See Florida Statutes 738.102

Specific multisite timeshare plan: means a multisite timeshare plan with respect to which a purchaser receives a specific right to use accommodations and facilities, if any, at one component site of a multisite timeshare plan, together with use rights in the other accommodations and facilities of the multisite timeshare plan created by or acquired through the reservation system. See Florida Statutes 721.52

State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States. See Florida Statutes 717.101

Statute: A law passed by a legislature.

Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

Structural integrity reserve study: means a study of the reserve funds required for future major repairs and replacement of the condominium property performed as required under…. See Florida Statutes 718.103

Structural integrity reserve study: means a study of the reserve funds required for future major repairs and replacement of the cooperative property performed as required under…. See Florida Statutes 719.103

Sub-subcontractor: means a person other than a materialman or laborer who enters into a contract with a subcontractor for the performance of any part of such subcontractor's contract, including the removal of solid waste from the real property. See Florida Statutes 713.01

Subcontractor: means a person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of such contractor's contract, including the removal of solid waste from the real property. See Florida Statutes 713.01

Subpoena: A command to a witness to appear and give testimony.

Successive interest: means the interest of a successor beneficiary. See Florida Statutes 738.102

Successor beneficiary: means a person entitled to receive income or principal or to use property when an income interest or other current interest ends. See Florida Statutes 738.102

successor developer: which means any person who succeeds to the interest of the persons in this subsection by sale, lease, assignment, mortgage, or other transfer, but the term includes only those persons who offer timeshare interests in the ordinary course of business; and

3. See Florida Statutes 721.05

Summons: Another word for subpoena used by the criminal justice system.

Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.

Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent

Terms of a trust: means :

(a) Except as otherwise provided in paragraph (b), the manifestation of the settlor's intent regarding a trust's provisions as:

1. See Florida Statutes 738.102

Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Florida Statutes 740.002

Testate: To die leaving a will.

Testator: A male person who leaves a will at death.

Testify: Answer questions in court.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Time of distribution: means the time when a disclaimed interest would have taken effect in possession or enjoyment. See Florida Statutes 739.102

Timeshare estate: means any interest in a unit under which the exclusive right of use, possession, or occupancy of the unit circulates among the various purchasers of a timeshare plan pursuant to chapter 721 on a recurring basis for a period of time. See Florida Statutes 718.103

Timeshare estate: means a right to occupy a timeshare unit, coupled with a freehold estate or an estate for years with a future interest in a timeshare property or a specified portion thereof, or coupled with an ownership interest in a condominium unit pursuant to…. See Florida Statutes 721.05

Timeshare instrument: means one or more documents, by whatever name denominated, creating or governing the operation of a timeshare plan. See Florida Statutes 721.05

Timeshare interest: means a timeshare estate, a personal property timeshare interest, or a timeshare license. See Florida Statutes 721.05

Timeshare interest transfer services: means any good or service relating to an offer or agreement to transfer ownership of a consumer resale timeshare interest, or assistance with or a promise of assistance in connection with the transfer of ownership of a consumer resale timeshare interest, as described in…. See Florida Statutes 721.05

Timeshare license: means a right to occupy a timeshare unit, which right is not a personal property timeshare interest or a timeshare estate. See Florida Statutes 721.05

Timeshare period: means the period or periods of time when a purchaser of a timeshare interest is afforded the opportunity to use the accommodations of a timeshare plan. See Florida Statutes 721.05

timeshare plan: includes :

(a) A "personal property timeshare plan" which means a timeshare plan in which the accommodations are comprised of personal property that is not permanently affixed to real property; and

Timeshare property: means one or more timeshare units subject to the same timeshare instrument, together with any other property or rights to property appurtenant to those timeshare units. See Florida Statutes 721.05

Timeshare unit: means a unit in which timeshare estates have been created. See Florida Statutes 718.103

Timeshare unit: means an accommodation of a timeshare plan which is divided into timeshare periods. See Florida Statutes 721.05

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Trust: includes an express trust, whether private or charitable, with additions to the trust, wherever and however created; and a trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust. See Florida Statutes 738.102

Trust: means :

(a) An express trust (including an honorary trust or a trust under…. See Florida Statutes 739.102

Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}

Trust instrument: means a trust instrument as defined in…. See Florida Statutes 717.101

Trustee: A person or institution holding and administering property in trust.

Trustee: means a person, other than a personal representative, that owns or holds property for the benefit of a beneficiary. See Florida Statutes 738.102

Trustee: means a fiduciary that holds legal title to property under an agreement, declaration, or trust instrument that creates a beneficial interest in the settlor or other persons. See Florida Statutes 740.002

Trustee: means an attorney who is a member in good standing of The Florida Bar and who has been practicing law for at least 5 years or that attorney's law firm, or a title insurer authorized to transact business in this state under…. See Florida Statutes 721.82

Unclaimed Property Purchase Agreement: means the form adopted by the department pursuant to…. See Florida Statutes 717.101

Unclaimed Property Recovery Agreement: means the form adopted by the department pursuant to…. See Florida Statutes 717.101

Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}

Unit: means a part of the condominium property which is subject to exclusive ownership. See Florida Statutes 718.103

Unit: means a part of the cooperative property which is subject to exclusive use and possession. See Florida Statutes 719.103

United States: means any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States of America. See Florida Statutes 717.101

Unreasonable: means arbitrary, capricious, or inconsistent with this chapter. See Florida Statutes 723.003

Uphold: The decision of an appellate court not to reverse a lower court decision.

User: means a person that has an account with a custodian. See Florida Statutes 740.002

User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.

User fees: means those amounts charged in addition to the lot rental amount for nonessential optional services provided by or through the park owner to the mobile home owner under a separate written agreement between the mobile home owner and the person furnishing the optional service or services. See Florida Statutes 723.003

Vacation club: means a multisite timeshare plan. See Florida Statutes 721.52

Venue: The geographical location in which a case is tried.

Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.

Virtual currency: means digital units of exchange that:

1. See Florida Statutes 717.101

Voting certificate: means a document which designates one of the record title owners, or the corporate, partnership, or entity representative, who is authorized to vote on behalf of a condominium unit that is owned by more than one owner or by any entity. See Florida Statutes 718.103

Voting interest: means the voting rights distributed to the members of the homeowners' association, pursuant to the governing documents. See Florida Statutes 720.301

Voting interests: means the voting rights distributed to the association members pursuant to…. See Florida Statutes 718.103

Voting interests: means the voting rights distributed to the association members as provided for in the articles of incorporation. See Florida Statutes 719.103

Ward: means an individual for whom a guardian has been appointed. See Florida Statutes 740.002

wrecker operator: means any person or firm regularly engaged for hire in the business of towing or removing motor vehicles. See Florida Statutes 1.01

Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01

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Florida Statutes > Chapter 713 – Liens, Generally

Terms Used In Florida Statutes > Chapter 713 - Liens, Generally

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