Cases from cite.case.law:

PIPELINE CONSTRUCTORS, INC. v. TRANSITION HOUSE, INC. a, 257 So. 3d 606 (Fla. App. Ct. 2018)

. . . See §§ 85.011, 713.06, Fla. Stat. . . .

TRUMP ENDEAVOR LLC, v. FERNICH, INC. d b a, 216 So. 3d 704 (Fla. Dist. Ct. App. 2017)

. . . determination that Paint Spot substantially complied with the statutory lien provisions in section 713.06 . . . Trump asserts that strict compliance with 713.06(2)(a) was required of Paint Spot, and that the trial . . . For our purposes, the relevant provisions are found in section 713.06, Florida Statutes (2018). . . . Section 713.06(1) provides: A materialman or laborer, either of whom is not in privity with the owner . . . Section 713.06(2)(a) provides: All lienors under this section, except laborers, as a prerequisite to . . .

In COX SCHEPP, INC. v., 523 B.R. 511 (Bankr. W.D.N.C. 2014)

. . . . § 713.06(1) (“A materi-alman or laborer, either of whom is not in privity with the owner, or a subcontractor . . .

WOOSTER INDUSTRIAL PARK, LLC, v. CITY OF WOOSTER,, 55 F. Supp. 3d 990 (N.D. Ohio 2014)

. . . Code § 713.06 (“The planning commission of any municipal corporation may frame and adopt a plan for dividing . . .

MARBLE UNLIMITED, INC. a v. WESTON REAL ESTATE INVESTMENT CORPORATION, a LLC, a, 125 So. 3d 286 (Fla. Dist. Ct. App. 2013)

. . . Development because Marble had not served a notice to owner on Weston Development pursuant to section 713.06 . . . who is in privity with the owner is not required to serve a notice to owner, as required by section 713.06 . . . Marble was therefore not required to file a section 713.06(2)(a) notice to owner after it commenced work . . .

BARBER, v. DAHLIA AT PLANTATION HOMEOWNERS ASSOCIATION, INC., 101 So. 3d 899 (Fla. Dist. Ct. App. 2012)

. . . Section 713.06, Florida Statutes (2008), allows for a lien on real property where the lienor has served . . . See § 713.06(2)(a), Fla. Stat. . . . It was undisputed that Barber did not serve the notice required by section 713.06(2)(a). . . .

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

. . . The First Notice Created a Lien Governed by Section 713.06, not Section 713.23. . . . Where a contractor does not have a statutory bond in place, section 713.06, Florida Statutes (2004), . . . See § 713.06(1), Fla. Stat. . . . See § 713.06(2)(a), Fla. Stat. . . . Sections 713.05 and 713.06 involve unbond-ed liens. . . . .

LASALLE BANK NATIONAL ASSOCIATION, v. BLACKTON, INC., 59 So. 3d 329 (Fla. Dist. Ct. App. 2011)

. . . Subsection (2) provides: An owner has the right to rely on a contractor’s affidavit given under section 713.06 . . .

CANNON v. FOURNIER, LLC,, 57 So. 3d 875 (Fla. Dist. Ct. App. 2011)

. . . See § 713.06, Fla. Stat. (2005). . . . .

G. FETTA, v. ALL- RITE PAYING CONTRACTORS, INC. a, 50 So. 3d 1216 (Fla. Dist. Ct. App. 2010)

. . . We find, pursuant to section 713.06(3)(d)l., Florida Statutes (2007), that the contractor did not need . . . Section 713.06(3)(d)l. provides, in pertinent part: When the final payment under a direct contract becomes . . . According to the owner, the contractor did not comply with section 713.06(3)(d)l. because the contractor . . . The first district decided Craftsman based on a pre-1998 version of section 713.06(3)(d)l. . . . Another amendment which the legislature made to section 713.06(3)(d)l. in 1998 was to insert the word . . .

EBANO- SOBERON, INC. v. CURY GROUP, INC. L. L. C., 40 So. 3d 5 (Fla. Dist. Ct. App. 2010)

. . . effectively vacating a lien for failure to furnish a final payment affidavit, as required by section 713.06 . . .

RIVERA, v. HAMMER HEAD CONSTRUCTION DEVELOPMENT,, 14 So. 3d 1190 (Fla. Dist. Ct. App. 2009)

. . . Sections 713.05 and 713.06(3)(d), Florida Statutes (2008), provide that when final payment becomes due . . . Section 713.06(3)(d)l. further provides that “[t]he contractor shall have no lien or right of action . . .

TRINTEC CONSTRUCTION, INC. v. COUNTRYSIDE VILLAGE CONDOMINIUM ASSOCIATION, INC., 992 So. 2d 277 (Fla. Dist. Ct. App. 2008)

. . . , the right to “bond off" the lien claim (section 713.24), and rights to a final affidavit (section 713.06 . . .

AQUATIC PLANT MANAGEMENT, INC. v. PARAMOUNT ENGINEERING, INC., 977 So. 2d 600 (Fla. Dist. Ct. App. 2007)

. . . .; see also § 713.06(1). . . . See §§ 713.01(27), 713.06(1), Fla. Stat. . . .

PUYA, v. SUPERIOR POOLS, SPAS WATERFALLS, INC., 902 So. 2d 973 (Fla. Dist. Ct. App. 2005)

. . . Section 713.06(3)(d)l. requires a contractor to give the owner a “final payment affidavit” when “the . . . Section 713.06(3)(c)5., makes the requirements of section 713.06(3)(d)l. applicable to this case. . . . Section 713.06(3)(c)5. provides that even “[i]f the contract is terminated before completion, the contractor . . . (holding that, under section 713.06(3)(c)5., a contractor must comply with the final payment affidavit . . . requirements set forth in 713.06(3)(d)1., even where the contract was terminated before completion and . . .

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

. . . . § 713.06(1), Fla. . . . this section except those lienors specified in it, as their designations are defined in § 713.01.” § 713.06 . . .

PIERSON D. CONSTRUCTION, INC. a v. YUDELL, 863 So. 2d 413 (Fla. Dist. Ct. App. 2003)

. . . Section 713.06(3)(d), Florida Statutes (2000), requires the contractor to give the owner an affidavit . . . materials furnished under the direct contract while in default for not giving the owner the affidavit.” § 713.06 . . . failed to submit the affidavit five days before filing the original complaint as required by section 713.06 . . .

BAS ENTERPRIZE, INC. v. THE CITY OF MAUMEE,, 282 F. Supp. 2d 673 (N.D. Ohio 2003)

. . . Ohio Rev.Code § 713.06. . . . .

METRIC CONSTRUCTORS, v. UNITED STATES,, 314 F.3d 578 (Fed. Cir. 2002)

. . . . § 713.06.. . . . Id. § 713.06(3)(c)(2) (emphasis added). . . . See id. § 713.06(3)(d). . . . Ann. § 713.06. . . . See id. § 713.06(3)(d). . . .

METRIC CONSTRUCTORS, v. UNITED STATES,, 314 F.3d 578 (Fed. Cir. 2002)

. . . . § 713.06. . . . Id. § 713.06(3)(c)(2) (emphasis added). . . . See id. § 713.06(3)(d). . . . Ann. § 713.06. . . . See id. § 713.06(3)(d). . . .

PRIVAS v. BRISSON CUSTOM HOMES, INC. a, 817 So. 2d 983 (Fla. Dist. Ct. App. 2002)

. . . the contractor had failed to timely file and serve the contractor’s affidavit, pursuant to section 713.06 . . . Sections 713.06(3)(d) and 713.22 of the Florida Statutes govern the outcome of this case. . . . prerequisite to the institution of any action to enforce his or her lien under this chapter ....” § 713.06 . . .

BELL v. RENAR DEVELOPMENT COMPANY,, 811 So. 2d 780 (Fla. Dist. Ct. App. 2002)

. . . err in finding that Renar’s final contractor’s affidavit complies with the requirements of section 713.06 . . . Delivery of a contractor’s final affidavit is mandated under section 713.06(3)(d)l, Florida Statutes, . . . Section 713.06(3)(d)l requires that the contractor give the owner written assurance that potential lienors . . . inducing the Bells and their lender to make full and final payment to Renar in compliance with chapter 713.06 . . .

V L ORLANDO BUILDING CORP. v. SKILLED SERVICES CORPORATION,, 769 So. 2d 526 (Fla. Dist. Ct. App. 2000)

. . . VL Orlando contends that pursuant to sections 713.06 and 713.01, Skilled Services, as a labor pool, does . . . Section 713.06, Florida Statutes (1997), reads in pertinent part: (1) A materialman or laborer, either . . . direct contract of another person shall have rights to a lien on real property as provided in section 713.06 . . .

KLEIN DEVELOPMENT, v. ELLIS K. PHELPS CO., 761 So. 2d 441 (Fla. Dist. Ct. App. 2000)

. . . the subcontract, Phelps -properly and timely served a notice to owner on Klein pursuant to section 713.06 . . .

O. KELLER, v. NEWMAN SONS, INC,, 756 So. 2d 120 (Fla. Dist. Ct. App. 2000)

. . . . § 713.06, Fla. Stat. . . . Id. § 713.06(3)(c)1. . . . Id. § 713.06(3)(c)l. . . . Id. § 713.06(3)(c) (Supp.1998). . . . subsection 713.06(2). . . . .

D. PARSONS, P. v. WHITAKER PLUMBING OF BOCA RATON, INC., 751 So. 2d 655 (Fla. Dist. Ct. App. 1999)

. . . Cabinets of Clearwater, Inc., 700 So.2d 15, 17-18 (Fla. 2d DCA 1997) (examining sect created by section 713.06 . . . language creating the lien in section 713.05 is almost identical to the lien creating language in section 713.06 . . . The reasons Zalay articulates for including section 713.29 attorney’s fees within the section 713.06( . . .

GULFSIDE PROPERTIES CORPORATION, a v. CHAPMAN CORPORATION,, 737 So. 2d 604 (Fla. Dist. Ct. App. 1999)

. . . excuse Chapman from complying with the applicable provisions of the construction lien law, section 713.06 . . . See § 713.06(2)(e), Fla. . . . See § 713.06(2)(a), Fla. Stat. (1993). . . . “[T]he plain language of section 713.06 indicates the legislature’s intent that service of a written . . . notice which includes the warnings contained in section 713.06(2)(c) is a prerequisite to perfecting . . .

E. JOHNSON v. AQUA POOL CO. INC., 725 So. 2d 458 (Fla. Dist. Ct. App. 1999)

. . . construction of the term “adverse effect,” has its genesis in the statutory interplay between section 713.06 . . . Section 713.06(2)(a) requires the timely filing of the notice in order to perfect a lien. . . . Section 713.06(2)(a) provides: All lienors under this section, except laborers, as a prerequisite to . . .

ORLANDO DINNER ENTERTAINMENT, INC. v. ELECTRIC SYSTEMS, INC., 722 So. 2d 981 (Fla. Dist. Ct. App. 1999)

. . . See section 713.06(2)(a), Florida Statutes. . . .

FLORIDA WOOD SERVICES, INC. a v. OSPREY LINKS JOINT VENTURE,, 720 So. 2d 591 (Fla. Dist. Ct. App. 1998)

. . . FWS timely and correctly served its Notice to Owner pursuant to section 713.06, Florida Statutes (1995 . . . Osprey relied upon subsection 713.06(1), Florida Statutes (1995), in concluding that it could not be . . . desires to recommence construction, he may pay all lienors in full or pro rata in accordance with s. 713.06 . . . from JM’s supplier after it received a copy of FWS’s notice to owner in accordance with subsection 713.06 . . .

METAL FOAM INDUSTRIES, INC. v. WATSON, 716 So. 2d 328 (Fla. Dist. Ct. App. 1998)

. . . it was not required to provide the Watsons with any notice to owner of its hen, pursuant to section 713.06 . . .

SUPERFOS CONSTRUCTION U. S. INC. v. HAJOCA CORPORATION,, 712 So. 2d 1228 (Fla. Dist. Ct. App. 1998)

. . . HAJOCA made the final payment without obtaining the contractor’s affidavit that is required by section 713.06 . . . Section 713.06(2)(a) provides that, as a prerequisite to perfecting a lien under chapter 713, a subcontractor . . . The 1977 amendment did not dispense with the requirement in section 713.06(3)(d)5 that the owner retain . . . notice of commencement or demand and receive from the contractor the affidavit [required by subsection 713.06 . . .

SUMMERTON d b a v. MAMELE L., 711 So. 2d 131 (Fla. Dist. Ct. App. 1998)

. . . claim, alleging that Summerton had failed to file a final contractor’s affidavit as required by section 713.06 . . . obligated to make the final payment under the terms of the parties’ construction contract because section 713.06 . . . Section 713.06(3)(d)l, Florida Statutes (1993), provides that the contractor shall file an affidavit . . .

I. ZALAY A. v. ACE CABINETS OF CLEARWATER, INC. USA, 700 So. 2d 15 (Fla. Dist. Ct. App. 1997)

. . . improper payments and that their property was entitled to the limitation of lien described in section 713.06 . . . The Zalays maintain that section 713.06(3)(h) limits the amount of the liens against their home to the . . . We conclude that the limitation in section 713.06(3)(h) is intended to define the extent of the lien . . . Although the Zalays,’ .argument relies primarily on section 713.06(3)(h), it is instructive to examine . . . section 713.06(1), Florida Statutes (1993): A materialman or laborer, either of whom is not in privity . . .

CRAFTSMAN CONTRACTORS, INC. v. B. BROWN,, 695 So. 2d 750 (Fla. Dist. Ct. App. 1997)

. . . Craftsman argues, however, that section 713.06(3)(d)(l), Florida Statutes, only requires that the final . . . that McElhany was not a lienor since it had failed to file the notice to owner required by section 713.06 . . . Section 713.06(3)(d)2 sets out the procedure for payment by an owner and refers to “henors” who have . . . to file a notice to owner does not remove it from the definition of “henor” for purposes of section 713.06 . . . This interpretation of the term “lienor” is consistent with the primary purpose of section 713.06(3)( . . . . § 713.06(3)(d)l., Fla.Stat. (1993). . . . McElhany Electric was not a “lienor who ha[d] not been paid in full,” § 713.06(3)(d)l., Fla.Stat. (1993 . . .

C. SHAW, v. SCHLUSEMEYER,, 683 So. 2d 1187 (Fla. Dist. Ct. App. 1996)

. . . See § 713.06(3)(d)(l), Fla. Stat. (1985). . . . The court explained that the requirement of a timely affidavit under section 713.06(3)(d)(l) “is to protect . . .

GRANT, v. WESTER, 679 So. 2d 1301 (Fla. Dist. Ct. App. 1996)

. . . admitted that he served them on June 11, 1992, with the contractor’s affidavit required by section 713.06 . . .

In AMERICAN FABRICATORS, INC. d b a W. GRANT, v. FLORIDA POWER CORPORATION, Co. A A, 197 B.R. 987 (Bankr. M.D. Fla. 1996)

. . . . § 713.06(3)(d), and which is a condition precedent to distribution of final payment pursuant to the . . . Section 713.06(3)(d)(l) provides, in part, that: (d) When final payment under a direct contract becomes . . . Fla.Stat. § 713.06(3)(d)(l) (1995). . . .

HANLEY v. J. KAJAK d b a, 661 So. 2d 1248 (Fla. Dist. Ct. App. 1995)

. . . resulted in a waiver of the requirement that Kajak file a contractor’s final affidavit pursuant to section 713.06 . . . foreclosure action was filed by Kajak as a counterclaim does not alter the statutory requirement of 713.06 . . .

E. STUNKEL, v. GAZEBO LANDSCAPING DESIGN, INC., 660 So. 2d 623 (Fla. 1995)

. . . FURNISH SERVICES, FOR THE PURPOSE OF TIMELY PROVIDING A NOTICE TO OWNER IN ACCORDANCE WITH SECTION 713.06 . . . that the forty-five-day period for giving notice to the owner of a possible lien claim under section 713.06 . . . Section 713.06(2)(a) requires a notice to owner to be posted within forty-five days after a subcontractor . . . Co., 367 So.2d 737, 739 (Fla. 4th DCA 1979); § 713.06(1), Fla.Stat. (1991) (“[A] subcontractor ... has . . . begins to furnish services or materials for the purpose of giving notice to the owner under section 713.06 . . .

T. L. PAULK, v. S. PEYTON,, 648 So. 2d 772 (Fla. Dist. Ct. App. 1994)

. . . Section 713.06(3)(d), Florida Statutes (1987), provides in pertinent part: (d) When a final payment under . . . In the case sub judice, Paulk alleged compliance with section 713.06(3)(d), as well as satisfaction of . . .

In CJW LIMITED, INC. W. GRANT, CJW v. I. B. DAVIS A., 172 B.R. 675 (Bankr. M.D. Fla. 1994)

. . . . § 713.06(2)(a). Failure to serve this notice is a complete defense to enforcement of the hen. Id. . . .

GAZEBO LANDSCAPE DESIGN, INC. v. BILL FREE CUSTOM HOMES, INC. a E., 638 So. 2d 87 (Fla. Dist. Ct. App. 1994)

. . . owner within forty-five days after commencing to furnish service or materials, as required by section 713.06 . . . to when services are actually furnished, and when notice should be given in accordance with section 713.06 . . . FURNISH SERVICES, FOR THE PURPOSE OF TIMELY PROVIDING A NOTICE TO OWNER IN ACCORDANCE WITH SECTION 713.06 . . . before commencing, or not later than 45 days after commencing to furnish his services or materials.... § 713.06 . . .

LEHMANN DEVELOPMENT CORPORATION, a v. NIRENBLATT d b a d b a d b a, 629 So. 2d 1098 (Fla. Dist. Ct. App. 1994)

. . . Section 713.06(2)(a) requires that all lienors not in privity with the owner, except laborers, as a prerequisite . . . rule 1.090(a) apply to the time period within which notice must be served on the owner under section 713.06 . . .

C. L. WHITESIDE ASSOCIATES CONSTRUCTION CO. INC. a v. LANDINGS JOINT VENTURE, a Co. a Co. a, 626 So. 2d 1051 (Fla. Dist. Ct. App. 1993)

. . . The notion is that the purposes of the notice to owner provisions of section 713.06 have been satisfied . . . See § 713.06, Fla.Stat. (1991). . . .

MIRROR AND SHOWER DOOR PRODUCTS, INC. v. SEABRIDGE, INC. Mr., 621 So. 2d 486 (Fla. Dist. Ct. App. 1993)

. . . appellant failed to serve a written notice to owner upon the Jennings in the form required by section 713.06 . . . Section 713.06(2)(c) was amended to provide in part: “The notice must be in substantially the following . . . There is no indication that a proper notice could be “served” as required by section 713.06(2)(a), by . . . Thus, the plain language of section 713.06 indicates the legislature’s intent that service of a written . . . with support for its assertion that orally reciting the warnings and information contained in section 713.06 . . .

PRESTIGE DEVELOPMENT GROUP, INC. a v. L. RUSSELL L., 612 So. 2d 691 (Fla. Dist. Ct. App. 1993)

. . . mechanic’s lien claim for failing to prove service of the contractor’s affidavit provided for in section 713.06 . . .

THE FLORIDA BAR RE ADVISORY OPINION- NONLAWYER PREPARATION OF AND REPRESENTATION OF LANDLORD IN UNCONTESTED RESIDENTIAL EVICTIONS, 605 So. 2d 868 (Fla. 1992)

. . . not the unlicensed practice of law for a nonlawyer to prepare the Notice To Owner required by section 713.06 . . .

AUSTIN SOUTH I, LTD. v. BARTON- MALOW COMPANY BARTON- MALOW THATCHER, INC. v. S. AUSTIN, I, AUSTIN SOUTH I, LTD. v. AMERICAN ARBITRATION ASSOCIATION,, 799 F. Supp. 1135 (M.D. Fla. 1992)

. . . Florida Statute Section 713.06(3)(d) provides that when final payment becomes due under a contract: The . . . Fla.Stat. § 713.06(3)(d). . . .

AETNA CASUALTY AND SURETY COMPANY, v. F. BUCK, P. E., 594 So. 2d 280 (Fla. 1992)

. . . . § 713.06(2), Fla.Stat. (1987). . . . No lienor under this section shall be required to serve a notice to owner as provided in s. 713.06(2) . . .

BUSINESS MEN S ASSURANCE CO. OF AMERICA, v. A- CHATTAHOOCHEE PATIOS, INC., 592 So. 2d 324 (Fla. Dist. Ct. App. 1992)

. . . The record reflects substantial compliance with section 713.06(2)(a), Florida Statutes, by a timely mailing . . . Section 713.06(2)(d), Florida Statutes (1989), provides that: If a lienor has substantially complied . . .

INGERSOLL, v. HOFFMAN, D. D. S., 589 So. 2d 223 (Fla. 1991)

. . . mechanic’s lien suit dismissed for failure to provide the contractor’s affidavit required by section 713.06 . . .

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

. . . Corp., 342 So.2d 1078 (Fla. 2d DCA 1977) (same); see also § 713.06(2)(c), Fla.Stat. (1987) (provides . . .

RITE- WAY PAINTING PLASTERING, INC. a v. TETOR, 582 So. 2d 15 (Fla. Dist. Ct. App. 1991)

. . . MECHANIC’S LIEN FORECLOSURE Section 713.06, Florida Statutes (1987), requires, as a prerequisite to perfecting . . . The failure to timely serve the notice constitutes a complete defense to the enforcement of a lien. § 713.06 . . .

A. FORT, v. B. LOPEZ,, 580 So. 2d 227 (Fla. Dist. Ct. App. 1991)

. . . Sections 713.05 and 713.06(3)(d), Florida Statutes, provide that when final payment under a direct contract . . . Section 713.06(3)(d)l., Florida Statutes, provides in part: The contractor shall have no lien or right . . .

FLEITAS v. JULSON, INC., 580 So. 2d 636 (Fla. Dist. Ct. App. 1991)

. . . trial court permitted a corporation to recover as a “laborer” pursuant to the exception in Section 713.06 . . . the owners and not being a laborer, it was not entitled to the benefits of the exception in Section 713.06 . . . , and received upon the final payment, a No Lien Affidavit, or Release of Lien, pursuant to Section 713.06 . . . (Julson), was a “laborer” and thus, exempt from the notice requirements of section 713.06(2)(a), Florida . . .

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

. . . also on the ground that appellant failed to serve the Notice to Owner properly as required by section 713.06 . . . appel-lees cross-appeal the finding that appellant had met the Notice to Owner provisions of section 713.06 . . .

ZALEZNIK, v. GULF COAST ROOFING CO. INC. AA, 576 So. 2d 776 (Fla. Dist. Ct. App. 1991)

. . . . § 713.06(2)(a), Fla.Stat. (1985). We agree. . . . Section 713.06(2)(a) requires a lienor such as Gulf Coast Roofing to serve a notice on the owners not . . . notice, or to timely serve it, shall be a complete defense to enforcement of a lien by any person.” § 713.06 . . . was abandoned and any amount unspent out of the original contract price when the job is finished. §§ 713.06 . . . owner may designate "a person in addition to himself to receive a copy of such lienor's notice.” § 713.06 . . .

In G R BUILDERS, INC. L. WEISSING, v. GERRING,, 123 B.R. 654 (Bankr. M.D. Fla. 1990)

. . . . § 713.06(3)(d), stating that the Affidavit was executed “for the purpose of obtaining a final payment . . . no interest in the funds and, thus, the funds are not property of the estate, based on Fla.Stat. § 713.06 . . . Fla.Stat. § 713.06(3)(d)(2); see also, St. Petersburg Sheraton Corp. v. . . . devoid of any evidence that the Gerrings ever gave the notice to the Debtor required by Fla.Stat. § 713.06 . . . not property of the estate, especially in light of the Gerrings’ failure to comply with Fla.Stat. § 713.06 . . .

PAPPALARDO CONSTRUCTION COMPANY v. F. BUCK, P. E. d b a, 568 So. 2d 507 (Fla. Dist. Ct. App. 1990)

. . . These circumstances relieve the lien claimant of the statutory obligation of section 713.06(2)(a), Florida . . .

TRI- COUNTY CONCRETE PRODUCTS, INC. v. BOYNTON WEST CORPORATION, 566 So. 2d 335 (Fla. Dist. Ct. App. 1990)

. . . (Fla. 2d DCA 1985), wherein the Second District held that the proper payments provision of Section 713.06 . . .

ROBERT M. SWEDROE, ARCHITECT PLANNERS, A. I. A. P. A. v. FIRST AMERICAN INVESTMENT CORPORATION,, 565 So. 2d 349 (Fla. Dist. Ct. App. 1990)

. . . No lienor under this section shall be required to serve a notice to owner as provided in s.713.06(2) . . . or an affidavit concerning unpaid lienors as provided in s.713.06(3). . . .

C. ADEE, v. GREAT SOUTHEAST CARPET GALLERY, INC., 562 So. 2d 409 (Fla. Dist. Ct. App. 1990)

. . . Finally, on May 20, 1987, Sub executed a contractor’s final affidavit pursuant to section 713.06(3)(d . . .

TIMBERCRAFT ENTERPRISES, INC. v. M. ADAMS J., 563 So. 2d 1090 (Fla. Dist. Ct. App. 1990)

. . . affirmative defense, raised Timbercraft’s failure to comply with the statutory requirements of section 713.06 . . . Timbercraft failed to furnish the Adamses with a contractor’s final affidavit, pursuant to section 713.06 . . .

FLORIDA NATIONAL BANK, v. PHILLIPS CENTER, LTD. a, 555 So. 2d 951 (Fla. Dist. Ct. App. 1990)

. . . [hereinafter Steger’s], a subcontractor, recorded a mechanic’s lien pursuant to section 713.06, Florida . . .

KING, v. BRICKELLBANC SAVINGS ASSOCIATION,, 551 So. 2d 604 (Fla. Dist. Ct. App. 1989)

. . . for summary judgment on the basis that King failed to file a notice to owner as required by section 713.06 . . .

MARKS LANDSCAPE PAVING CO. a v. R. P. B. INDUSTRIAL PARK, INC. a, 552 So. 2d 256 (Fla. Dist. Ct. App. 1989)

. . . We conclude that the trial court erred by improperly applying the proper payments provisions of § 713.06 . . . Section 713.04 is silent as to the applicability of the proper payments provisions of section 713.06, . . . 225 (Fla. 4th DCA 1978), approved, 377 So.2d 164 (Fla.1979), this court held that the provisions of § 713.06 . . . The lienor in this case is not subject to § 713.06(2), which is the only one of these sections requiring . . . The final puzzling question then, is: If each section is separate and stands alone and only § 713.06( . . .

ARLINGTON LUMBER TRIM CO. INC. a v. D. VAUGHN,, 548 So. 2d 727 (Fla. Dist. Ct. App. 1989)

. . . Thereafter, in an attempt to comply with the provisions of section 713.06(2)(a) in claiming a lien on . . . and Vaughn on the claim of lien, appellant alleged that it had notified Vaughn as required by section 713.06 . . . Section 713.06(2)(a) clearly provides that as a prerequisite to perfecting a lien under chapter 713, . . . materials to the job site is the only act that may be classified as furnishing materials under section 713.06 . . .

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

. . . to the general contractor, Worldwide, within forty-five days of commencement as required by section 713.06 . . . of the ruling below, the failure to serve notice on the general contractor, as provided by section 713.06 . . . contributed to and rendered him unable to rely upon the materialman’s failure to serve its section 713.06 . . . The notice was timely served on the owner, Suchman. . 713.06 provides in pertinent part: § 713.06 Liens . . . the materialman and its contributions to the job during the forty-five day period provided by section 713.06 . . .

LINDBERG v. HOSPITAL CORPORATION OF AMERICA, d b a s K. T. M. D. K. T. M. D. P. A. M. D. M. D. P. A. M. D. M. D. P. A., 545 So. 2d 1384 (Fla. Dist. Ct. App. 1989)

. . . 768.57 is significantly different in its pre-suit requirements from either section 768.28 or section 713.06 . . . filing of the notice required by section 768.28(6), Florida Statutes (1987) or affidavit under section 713.06 . . . Roberts, 530 So.2d 301 (Fla.1988), held that under section 713.06(3)(d)(l), Florida Statutes (1987), . . . Section 713.06(3)(d)(l) provides: (d) When the final payment under a direct contract becomes due the . . .

HODUSA CORPORATION, a v. ABRAY CONSTRUCTION COMPANY,, 546 So. 2d 1099 (Fla. Dist. Ct. App. 1989)

. . . the ground that Abray failed to provide Hodusa with the contractor’s affidavit referred to in section 713.06 . . . It is true that the contractor’s affidavit requirement is not found in section 713.04 but in section 713.06 . . . Hence, at first blush it would seem that .no part of section 713.06 would be applicable in the presence . . . Section 713.05, entitled “Liens of persons in privity,” specifically refers to section 713.06(3)(d): . . . owner and claims a lien under this section shall furnish the contractor’s affidavit required in s. 713.06 . . .

STRICKLAND- COLLINS CONSTRUCTION, a v. BARNETT BANK OF NAPLES,, 545 So. 2d 476 (Fla. Dist. Ct. App. 1989)

. . . recognized a theory in negligence as well as theories based upon breach of contract and violation of section 713.06 . . .

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

. . . . § 713.06(2) and the Notice To Contractor required by Fla.Stat. § 713.23(l)(d)? . . . Fla.Stat. § 713.06(2). . . . Section 713.06(2) sets forth a form which may be used as the . NTO. . . . It is the custom of the industry to combine the NTO required by § 713.06(2) and the preliminary notice . . . This opinion applies to the Notice To Owner (Fla.Stat. § 713.06(2)(a)) and preliminary notice (Notice . . .

CAPITAL CONSTRUCTION SERVICES, INCORPORATED, v. RUBINSON,, 541 So. 2d 748 (Fla. Dist. Ct. App. 1989)

. . . vacate the liens because Capital had failed to serve her with the notice of lien required by section 713.06 . . . The second ground for the motion was Capital’s failure to serve a notice of lien pursuant to section 713.06 . . . Rubinson with a notice of lien required by section 713.06(2)(a). . . . Section 713.06, Florida Statutes (1976) (“... failure to serve the notice ... shall be a complete defense . . .

P. HANNA, v. JPC, INC. d b a, 538 So. 2d 958 (Fla. Dist. Ct. App. 1989)

. . . mechanic’s lien action based on Tomco’s alleged failure to comply with the notice requirements of § 713.06 . . .

NEW IMAGE CARPETS, INC. a JAMES, v. SANDERY CONSTRUCTION, INC. L. O., 541 So. 2d 1235 (Fla. Dist. Ct. App. 1989)

. . . s lien amended complaint for failure to serve a timely notice upon the owner as required by section 713.06 . . .

HOLDING ELECTRIC, INC. v. M. ROBERTS,, 530 So. 2d 301 (Fla. 1988)

. . . serve an affidavit stating that all bills have been paid, in accordance with the provisions of section 713.06 . . . Bonefish moved to dismiss, alleging that petitioner failed to comply with section 713.06(3)(d)l, Florida . . . The owner then moved to dismiss the complaint for noncompliance with section 713.06(3)(d)l. . . .

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

. . . desires to recommence construction, he may pay all lien-ors in full or pro rata in accordance with s. 713.06 . . .

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, v. DELTA PAINTING CORP. HEATON DEVELOPMENT CORPORATION, v. DELTA PAINTING CORP., 529 So. 2d 781 (Fla. Dist. Ct. App. 1988)

. . . The issue to be resolved here is whether the trial court’s finding that Delta complied with sections 713.06 . . . (2)(a) and 713.06(3)(d), Florida Statutes (1983), of the mechanics’ lien statute were clearly erroneous . . . Shortly after contracting with HDC, Delta mailed a notice to owner, as required by section 713.06(2)( . . . Section 713.06(2)(a), Florida Statutes (1983), requires that a notice to owner be served on the owner . . . Section 713.06(3)(d), Florida Statutes (1983), requires service of a final affidavit on an owner by a . . .

ROBERT C. MALT COMPANY, INC. a v. CHAMBERS TRUSS, INC. a, 522 So. 2d 430 (Fla. Dist. Ct. App. 1988)

. . . a contractor subject to the requirement of furnishing a contractor’s affidavit pursuant to section 713.06 . . .

DESIGN ALUMINUM, INC. v. DeSANTI A., 521 So. 2d 285 (Fla. Dist. Ct. App. 1988)

. . . .” § 713.06(3)(a), Fla.Stat. (1985). Adams v. McDonald, 356 So.2d 864, 866 (Fla. 1st DCA 1978). . . .

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

. . . namely, that plaintiffs failure to file a contractor’s affidavit pursuant to Florida statutes section 713.06 . . .

L. M. ADAMSON d b a L. M. v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ANDALUSIA,, 519 So. 2d 1036 (Fla. Dist. Ct. App. 1988)

. . . Further, the fact that the appellant did not file a "notice to owner” under Section 713.06(2)(a), Florida . . .

AAA SOD, INC. a v. WEITZER CORPORATION, a WEITZER ENTERPRISES NO. INC. v. AAA SOD, INC. a, 513 So. 2d 750 (Fla. Dist. Ct. App. 1987)

. . . Section 713.06(3)(d)(1), Florida Statutes (1985), requires same of a contractor having one or more subcontractors . . .

SUNAIR DEVELOPMENT CORPORATION, a v. W. GAY, 509 So. 2d 1361 (Fla. Dist. Ct. App. 1987)

. . . for a directed verdict on the ground that Renovations failed to comply with sections 713.08(5) and 713.06 . . . Section 713.06(3)(d)l provides in part that: The contractor shall give to the owner an affidavit stating . . . Sunair further contends that Renovations were required to file a contractor’s affidavit under section 713.06 . . . jurisdictional and a condition precedent to the filing of an action by the contractor to foreclose a lien. § 713.06 . . .

COQUINA, LTD. a v. NICHOLSON CABINET COMPANY,, 509 So. 2d 1344 (Fla. Dist. Ct. App. 1987)

. . . Section 713.06(3)(d)l, Florida Statutes (1985), states the following: (d) When the final payment under . . . apparently did the trial judge, that the action was timely filed and that the five-day provision of section 713.06 . . . The essence of section 713.06(3)(d)l is the requirement that a contractor’s affidavit be furnished to . . . the owner has manifested its intention not to pay the claim, the five-day period provided by section 713.06 . . .

RUTENBERG- SARASOTA, LTD. v. EISNER,, 509 So. 2d 398 (Fla. Dist. Ct. App. 1987)

. . . Section 713.06(1), Florida Statutes (1985), provides: (1) A materialman or laborer, either of whom is . . . exceed the amount of the contract price fixed by the direct contract except as provided in [section 713.06 . . . of real property, the appellees had standing to utilize the mechanics’ lien law pursuant to section 713.06 . . . of whether any lienable funds existed on the Fairway Woods project under the provisions of sections 713.06 . . . (1) and 713.06(3), Florida Statutes (1985). . . .

PUBLIC HEALTH TRUST OF DADE COUNTY, d b a v. CARROLL,, 509 So. 2d 1232 (Fla. Dist. Ct. App. 1987)

. . . However, a mechanics lien is patently distinguishable because § 713.06(2)(a) specifically states, “the . . .

QUALITY INDUSTRIES, INC. v. KEYES, 509 So. 2d 1248 (Fla. Dist. Ct. App. 1987)

. . . Section 713.06(3)(d)l, Florida Statutes (1985), the controlling statute, provides as follows: The contractor . . . It is apparent without further discussion that Quality complied with section 713.06(3)(d)l prior to seeking . . . appear to have confused the pre-claim notice applicable to parties not in privity, prescribed in section 713.06 . . .

BANNER SUPPLY COMPANY, a v. HABITAT CONSTRUCTION CORP. a, 519 So. 2d 1 (Fla. Dist. Ct. App. 1987)

. . . Thomas, 284 So.2d 709 (Fla.lst DCA 1973); Sections 713.06(2)(a) and 713.31(2)(c) Florida Statutes (1981 . . .

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

. . . desires to recommence construction, he may pay all lien-ors in full or pro rata in accordance with s. 713.06 . . . Torres, 358 So.2d 101 (Fla. 3rd DCA 1978); and Section 713.06(1), Florida Statutes. . . .

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

. . . materialman, Monex served a notice to owner on Walt Disney World on March 19, 1982, pursuant to section 713.06 . . .

PLAZA BUILDERS, INC. v. M. REGIS, M., 502 So. 2d 918 (Fla. Dist. Ct. App. 1986)

. . . Section 713.06(3)(d)(l) provides that: The contractor shall give to the owner an affidavit stating, if . . .

FLORIDA STEEL CORPORATION, v. ADAPTABLE DEVELOPMENTS, INC., 503 So. 2d 1232 (Fla. 1986)

. . . steel it had supplied, and in June 1981 it filed a timely claim of a lien in accordance with section 713.06 . . . We found the owner entitled to the protection of section 713.06, Florida Statutes (1971), provided he . . . Subsections 713.06(d)(3)6 and 713.06(3)(e) provide that upon abandonment of a project before completion . . . In conclusion, section 713.06(1) provides that a materialman has a lien for any money that is owed to . . . OVERTON, J., concurs in part and dissents in part with an opinion. . § 713.06(2)(a) provides in part: . . .

KALBES, v. CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION,, 497 So. 2d 1256 (Fla. Dist. Ct. App. 1986)

. . . The owner alleged that the lender in violation of section 713.06(3), Florida Statutes (1983), had disbursed . . .

BISHOP SIGNS, INC. v. MAGEE, d b a P. J. s, 494 So. 2d 532 (Fla. Dist. Ct. App. 1986)

. . . contractor’s affidavit prior to suit as required for the foreclosure of a mechanic’s lien by section 713.06 . . .

GOLD v. M G SERVICES, INC., 491 So. 2d 1297 (Fla. Dist. Ct. App. 1986)

. . . furnished the Golds with a sworn affidavit prior to instituting its action, as required by section 713.06 . . . We reject M & G’s contention that section 713.06(3)(d) is inapplicable because M & G was not a “voluntary . . . Section 713.06(3)(d) does not distinguish between voluntary and involuntary contractors. . . . Section 713.06(3)(d) provides in pertinent part: 1. . . .

HARDRIVES COMPANY St. v. TRI- COUNTY CONCRETE PRODUCTS, INC., 489 So. 2d 1211 (Fla. Dist. Ct. App. 1986)

. . . Pursuant to section 713.06(2), Florida Statutes (1985), Tri-County mailed a notice to owner to Richmond . . . To this end, section 713.06(2)(a) requires that a subcontractor or materialman not in privity with the . . . Section 713.06(2)(a) provides in part: (2)(a) All lienors under this section, except laborers, as a prerequisite . . . conclude that failure to serve a copy of the notice to owner on the contractor, as required under section 713.06 . . . served a notice to the owner and, if required, to the contractor and subcontractor as provided, in s. 713.06 . . .

In TWELVE OAKS, LTD. a TWELVE OAKS, LTD. a v. FLORIDA NATIONAL BANK, a St. s a k a St. s Co. a s a a a d b a s Co. a d b a a Co. a s a s a N. G. a k a G. C. J. M. a, 59 B.R. 736 (Bankr. M.D. Fla. 1986)

. . . . § 713.06(2)(a). . . . purpose is fulfilled, the Florida Courts have waived the technical requirements of Florida Statute § 713.06 . . .

VANATER, v. TOM LILLY CONSTRUCTION,, 483 So. 2d 506 (Fla. Dist. Ct. App. 1986)

. . . . § 713.06(3)(d)(5), Fla.Stat. (1983). . . .