475.800 – Short title.
475.800 Short title.—Sections 475.800-475.813 may be cited as the “Commercial Real Estate Leasing Commission Lien Act.” History.—s. 2, ch. 2005-275.
475.801 – Definitions.
475.801 Definitions.—As used in this part: (1) “Automatic renewal commission” means a renewal commission for which the brokerage agreement does not expressly require the broker to perform any additional services in order to receive the renewal commission. (2) “Broker” has the same meaning as in s. 475.01. (3) “Brokerage agreement” means a written contract, entered into on or after […]
475.803 – Broker’s lien for leasing commission.
475.803 Broker’s lien for leasing commission.— (1) A broker has a lien upon the owner’s interest in commercial real estate for any commission earned by the broker pursuant to a brokerage agreement with respect to a lease of the commercial real estate. If the owner obligated to pay the commission is the landlord, the broker’s lien attaches […]
475.805 – Contents of lien notice.
475.805 Contents of lien notice.— (1) A lien notice made by a broker with respect to a commission claimed under this part shall be in writing, shall be signed and sworn to or affirmed by the broker under penalty of perjury before a notary public, and shall include the following: (a) The name of the owner of the […]
475.807 – Recording lien notice; effectiveness.
475.807 Recording lien notice; effectiveness.— (1)(a) After a commission is earned under this part, the broker may record a lien notice in the public records maintained by the clerk of court in the county or counties in which the commercial real estate is located. The lien notice shall be recorded no later than the earlier of: 1. Ninety […]
475.809 – Foreclosure of lien; civil action by owner; award of costs and attorney’s fees.
475.809 Foreclosure of lien; civil action by owner; award of costs and attorney’s fees.— (1) A broker may enforce a lien for a commission that is earned and payable under this part by a foreclosure suit in the same manner as if the lien notice were a mortgage recorded against the commercial real estate of the owner […]
475.811 – Transfer of lien to security.
475.811 Transfer of lien to security.— (1)(a) Any lien claimed by a broker by recording a lien notice under this part may be transferred by any person having an interest in the commercial real estate upon which the lien is imposed from such commercial real estate to other security by either: 1. Depositing in the clerk’s office a […]
475.813 – Subordination of lien.
475.813 Subordination of lien.— (1) Nothing contained in this part precludes a broker from agreeing to subordinate a lien claimed by the broker under this part in favor of the holder of any mortgage or other lien against the owner’s interest in the commercial real estate that is subject to the broker’s lien. (2) With or without the […]