713.10 lien for private leasehold on public land
Does anyone have any authority for a construction lien on a leasehold where the lessee is a private party but the lessor is a municipality (i.e. on public land)? The lessee contracted for the improvements which were required by the lease agreement. The only authority I have found is Section 8.3 of the Fla. Prac. Construction Law Manual which states in the first paragraph, in part: "However, there may be private leasehold interests on governmental property that are lienable." I have found no other authority.
Rafael A. Perez
Board Certified Construction Attorney
McArdle and Perez, P.A.
806 S. Douglas Road, Suite 625
Coral Gables, Florida 33134
305-442-2214
Fax 305-442-2291
rperez@mcper.commailto:rperez@mcper.com
I think under that circumstance you have an absolute right to lien >> but probably only the lessee's interest. However, that could be very good leverage as I imagine that the public entity would not want a stranger to step in and take over the building and, therefore, they will pressure the lessee to pay up.
David B Mankuta, Esq.
Board Certified in Construction Law
dbm@atkinson-diner.commailto:dbm@atkinson-diner.com
www.atkinson-diner.comhttp://www.atkinson-diner.com/
Atkinson, Diner, Stone, Mankuta & Ploucha, P.A.
One Financial Plaza, Suite 1400
100 S.E. 3rd Avenue
Ft. Lauderdale, FL 33394
Tel: (954) 925-5501
Fax: (954) 920-2711
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Rafael Perez
Sent: Thursday, February 02, 2012 2:56 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] 713.10 lien for private leasehold on public land
Does anyone have any authority for a construction lien on a leasehold where the lessee is a private party but the lessor is a municipality (i.e. on public land)? The lessee contracted for the improvements which were required by the lease agreement. The only authority I have found is Section 8.3 of the Fla. Prac. Construction Law Manual which states in the first paragraph, in part: "However, there may be private leasehold interests on governmental property that are lienable." I have found no other authority.
Rafael A. Perez
Board Certified Construction Attorney
McArdle and Perez, P.A.
806 S. Douglas Road, Suite 625
Coral Gables, Florida 33134
305-442-2214
Fax 305-442-2291
rperez@mcper.commailto:rperez@mcper.com
I filed a lien on Tropicana Field. Government fee. Private tenant (baseball team). Client was paid quickly. Your simply filing a lien against the leasehold.
On Feb 2, 2012, at 2:03 PM, "Rafael Perez" <rperez@mcper.commailto:rperez@mcper.com> wrote:
Does anyone have any authority for a construction lien on a leasehold where the lessee is a private party but the lessor is a municipality (i.e. on public land)? The lessee contracted for the improvements which were required by the lease agreement. The only authority I have found is Section 8.3 of the Fla. Prac. Construction Law Manual which states in the first paragraph, in part: “However, there may be private leasehold interests on governmental property that are lienable.” I have found no other authority.
Rafael A. Perez
Board Certified Construction Attorney
McArdle and Perez, P.A.
806 S. Douglas Road, Suite 625
Coral Gables, Florida 33134
305-442-2214
Fax 305-442-2291
rperez@mcper.commailto:rperez@mcper.com
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
Check the statutes; public property cannot be liened.
Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com http://www.hklaw.com/
Sent from my BlackBerry Wireless Handheld
From: Rafael Perez [mailto:rperez@mcper.com]
Sent: Thursday, February 02, 2012 02:55 PM
To: constructionlaw@lists.flabarrpptl.org constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] 713.10 lien for private leasehold on public land
Does anyone have any authority for a construction lien on a leasehold where the lessee is a private party but the lessor is a municipality (i.e. on public land)? The lessee contracted for the improvements which were required by the lease agreement. The only authority I have found is Section 8.3 of the Fla. Prac. Construction Law Manual which states in the first paragraph, in part: “However, there may be private leasehold interests on governmental property that are lienable.� I have found no other authority.
Rafael A. Perez
Board Certified Construction Attorney
McArdle and Perez, P.A.
806 S. Douglas Road, Suite 625
Coral Gables, Florida 33134
305-442-2214
Fax 305-442-2291
rperez@mcper.commailto:rperez@mcper.com
IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.
NOTE: This e-mail is from a law firm, Holland & Knight LLP (�H&K�), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.
Of course, when the tenant leaves their leasehold is worth.....?
Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com http://www.hklaw.com/
Sent from my BlackBerry Wireless Handheld
From: David Mankuta [mailto:dbm@atkinson-diner.com]
Sent: Thursday, February 02, 2012 03:02 PM
To: 'RPPTL constructionlaw' constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] 713.10 lien for private leasehold on public land
I think under that circumstance you have an absolute right to lien >> but probably only the lessee’s interest. However, that could be very good leverage as I imagine that the public entity would not want a stranger to step in and take over the building and, therefore, they will pressure the lessee to pay up.
David B Mankuta, Esq.
Board Certified in Construction Law
dbm@atkinson-diner.commailto:dbm@atkinson-diner.com
www.atkinson-diner.comhttp://www.atkinson-diner.com/
Atkinson, Diner, Stone, Mankuta & Ploucha, P.A.
One Financial Plaza, Suite 1400
100 S.E. 3rd Avenue
Ft. Lauderdale, FL 33394
Tel: (954) 925-5501
Fax: (954) 920-2711
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Rafael Perez
Sent: Thursday, February 02, 2012 2:56 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] 713.10 lien for private leasehold on public land
Does anyone have any authority for a construction lien on a leasehold where the lessee is a private party but the lessor is a municipality (i.e. on public land)? The lessee contracted for the improvements which were required by the lease agreement. The only authority I have found is Section 8.3 of the Fla. Prac. Construction Law Manual which states in the first paragraph, in part: “However, there may be private leasehold interests on governmental property that are lienable.� I have found no other authority.
Rafael A. Perez
Board Certified Construction Attorney
McArdle and Perez, P.A.
806 S. Douglas Road, Suite 625
Coral Gables, Florida 33134
305-442-2214
Fax 305-442-2291
rperez@mcper.commailto:rperez@mcper.com
IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.
NOTE: This e-mail is from a law firm, Holland & Knight LLP (�H&K�), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.
Caution: Slander of title can be expensive.
Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com http://www.hklaw.com/
Sent from my BlackBerry Wireless Handheld
----- Original Message -----
From: Timothy A. Hunt [mailto:thunt@hwhlaw.com]
Sent: Thursday, February 02, 2012 03:10 PM
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] 713.10 lien for private leasehold on public land
I filed a lien on Tropicana Field. Government fee. Private tenant (baseball team). Client was paid quickly. Your simply filing a lien against the leasehold.
On Feb 2, 2012, at 2:03 PM, "Rafael Perez" <rperez@mcper.commailto:rperez@mcper.com> wrote:
Does anyone have any authority for a construction lien on a leasehold where the lessee is a private party but the lessor is a municipality (i.e. on public land)? The lessee contracted for the improvements which were required by the lease agreement. The only authority I have found is Section 8.3 of the Fla. Prac. Construction Law Manual which states in the first paragraph, in part: “However, there may be private leasehold interests on governmental property that are lienable.” I have found no other authority.
Rafael A. Perez
Board Certified Construction Attorney
McArdle and Perez, P.A.
806 S. Douglas Road, Suite 625
Coral Gables, Florida 33134
305-442-2214
Fax 305-442-2291
rperez@mcper.commailto:rperez@mcper.com
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.
NOTE: This e-mail is from a law firm, Holland & Knight LLP (“H&K”), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.
The answer is in the definitions in 713.01 (and if you are referring to 8:3 of my book, it is set out there). The statutory reason that you can't lien publicly owned property is because a governmental owner is not within the definition of owner in 713.01. The definition of real property also excludes governmentally owned property. This is intended to keep governmentally owned property out of the lien law because a government must usually go through an election to subject public owned property to liens, e.g., financing bond issues.
An owner is also defined as one having an interest in the property and who enters into a contract for the improvement of the real property. Thus there is no reason that you cannot have a lien on a private leasehold interest that sits on public property. You want to be careful when you prepare the lien to only seek it against the leasehold. Also a lien on a leasehold is typically only as valuable as the tenant is collectable.
Go get em.
Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL 33323
Phone: 954-514-0984
Fax: 954-514-0985
e-mail: leiby@mkpalaw.com
Board Certified in Construction Law
Fla. S. Ct. Certified Circuit Court Civil Mediator
Fellow, College of Commercial Arbitrators
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Rafael Perez
Sent: Thursday, February 02, 2012 2:56 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] 713.10 lien for private leasehold on public land
Does anyone have any authority for a construction lien on a leasehold where the lessee is a private party but the lessor is a municipality (i.e. on public land)? The lessee contracted for the improvements which were required by the lease agreement. The only authority I have found is Section 8.3 of the Fla. Prac. Construction Law Manual which states in the first paragraph, in part: "However, there may be private leasehold interests on governmental property that are lienable." I have found no other authority.
Rafael A. Perez
Board Certified Construction Attorney
McArdle and Perez, P.A.
806 S. Douglas Road, Suite 625
Coral Gables, Florida 33134
305-442-2214
Fax 305-442-2291
rperez@mcper.commailto:rperez@mcper.com
Thank you Larry. I think we should get CLE credit for reading these
emails!
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida 33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com http://www.solovelawfirm.com/
Providing Statewide Legal Services in the areas of Commercial
Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant
and Real Estate Foreclosures
This transmission is intended to be delivered only to the named
addressee(s) and may contain information which is confidential,
proprietary, attorney work-product or attorney-client privileged. If
this notification is received by anyone other than the intended
recipient(s), the recipient(s) should immediately notify the undersigned
by E-MAIL and by telephone and obtain instructions as to the disposal of
the transmitted material. In no event shall this material be read, used,
copied, reproduced, stored or retained by anyone other than the intended
recipient(s) except with the express written consent of the sender.
Thank you.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Larry Leiby
Sent: Thursday, February 02, 2012 3:45 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] 713.10 lien for private leasehold
on public land
The answer is in the definitions in 713.01 (and if you are referring to
8:3 of my book, it is set out there). The statutory reason that you
can't lien publicly owned property is because a governmental owner is
not within the definition of owner in 713.01. The definition of real
property also excludes governmentally owned property. This is intended
to keep governmentally owned property out of the lien law because a
government must usually go through an election to subject public owned
property to liens, e.g., financing bond issues.
An owner is also defined as one having an interest in the property and
who enters into a contract for the improvement of the real property.
Thus there is no reason that you cannot have a lien on a private
leasehold interest that sits on public property. You want to be careful
when you prepare the lien to only seek it against the leasehold. Also a
lien on a leasehold is typically only as valuable as the tenant is
collectable.
Go get em.
Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL 33323
Phone: 954-514-0984
Fax: 954-514-0985
e-mail: leiby@mkpalaw.com
Board Certified in Construction Law
Fla. S. Ct. Certified Circuit Court Civil Mediator
Fellow, College of Commercial Arbitrators
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Rafael Perez
Sent: Thursday, February 02, 2012 2:56 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] 713.10 lien for private leasehold on
public land
Does anyone have any authority for a construction lien on a leasehold
where the lessee is a private party but the lessor is a municipality
(i.e. on public land)? The lessee contracted for the improvements which
were required by the lease agreement. The only authority I have found
is Section 8.3 of the Fla. Prac. Construction Law Manual which states in
the first paragraph, in part: "However, there may be private leasehold
interests on governmental property that are lienable." I have found no
other authority.
Rafael A. Perez
Board Certified Construction Attorney
McArdle and Perez, P.A.
806 S. Douglas Road, Suite 625
Coral Gables, Florida 33134
305-442-2214
Fax 305-442-2291
Steve Pickert and I had such a case many years ago, wherein the City of Coral Springs entered into a renewable "Concession Agreement" (i.e., a lease) for a private party to build an ice-skating rink on City property. Under the Concession Agreement, the concessionaire/lessee actually owned the improvements subject to the City's reversionary interest at the conclusion of the lease. The concessionaire/lessee didn't pay the contractor and, in fact, sold its interest during construction. The contractor, our client, recorded a lien against the property, and both the concessionaire/lessee and the purchaser said the property was not lienable. We moved for and were granted summary judgment in our favor on that issue. Attached is the motion/brief, which is a matter of public record and may be helpful. Presumably much of the law has changed/evolved over the past 14 or so years.
Bryan Capps
From: constructionlaw-bounces@lists.flabarrpptl.org on behalf of Larry Leiby
Sent: Thu 2/2/2012 3:44 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] 713.10 lien for private leasehold onpublic land
The answer is in the definitions in 713.01 (and if you are referring to 8:3 of my book, it is set out there). The statutory reason that you can't lien publicly owned property is because a governmental owner is not within the definition of owner in 713.01. The definition of real property also excludes governmentally owned property. This is intended to keep governmentally owned property out of the lien law because a government must usually go through an election to subject public owned property to liens, e.g., financing bond issues.
An owner is also defined as one having an interest in the property and who enters into a contract for the improvement of the real property. Thus there is no reason that you cannot have a lien on a private leasehold interest that sits on public property. You want to be careful when you prepare the lien to only seek it against the leasehold. Also a lien on a leasehold is typically only as valuable as the tenant is collectable.
Go get em.
Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL 33323
Phone: 954-514-0984
Fax: 954-514-0985
e-mail: leiby@mkpalaw.com
Board Certified in Construction Law
Fla. S. Ct. Certified Circuit Court Civil Mediator
Fellow, College of Commercial Arbitrators
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Rafael Perez
Sent: Thursday, February 02, 2012 2:56 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] 713.10 lien for private leasehold on public land
Does anyone have any authority for a construction lien on a leasehold where the lessee is a private party but the lessor is a municipality (i.e. on public land)? The lessee contracted for the improvements which were required by the lease agreement. The only authority I have found is Section 8.3 of the Fla. Prac. Construction Law Manual which states in the first paragraph, in part: "However, there may be private leasehold interests on governmental property that are lienable." I have found no other authority.
Rafael A. Perez
Board Certified Construction Attorney
McArdle and Perez, P.A.
806 S. Douglas Road, Suite 625
Coral Gables, Florida 33134
305-442-2214
Fax 305-442-2291
Hi Bryan - Do you have the liberty to provide me with a copy of that Order showing that the motion was granted? It helps in our arguments to the Court.
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Bryan L. Capps
Sent: Thursday, February 02, 2012 4:34 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] 713.10 lien for private leasehold onpublic land
Steve Pickert and I had such a case many years ago, wherein the City of Coral Springs entered into a renewable "Concession Agreement" (i.e., a lease) for a private party to build an ice-skating rink on City property. Under the Concession Agreement, the concessionaire/lessee actually owned the improvements subject to the City's reversionary interest at the conclusion of the lease. The concessionaire/lessee didn't pay the contractor and, in fact, sold its interest during construction. The contractor, our client, recorded a lien against the property, and both the concessionaire/lessee and the purchaser said the property was not lienable. We moved for and were granted summary judgment in our favor on that issue. Attached is the motion/brief, which is a matter of public record and may be helpful. Presumably much of the law has changed/evolved over the past 14 or so years.
Bryan Capps
From: constructionlaw-bounces@lists.flabarrpptl.org on behalf of Larry Leiby
Sent: Thu 2/2/2012 3:44 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] 713.10 lien for private leasehold onpublic land
The answer is in the definitions in 713.01 (and if you are referring to 8:3 of my book, it is set out there). The statutory reason that you can't lien publicly owned property is because a governmental owner is not within the definition of owner in 713.01. The definition of real property also excludes governmentally owned property. This is intended to keep governmentally owned property out of the lien law because a government must usually go through an election to subject public owned property to liens, e.g., financing bond issues.
An owner is also defined as one having an interest in the property and who enters into a contract for the improvement of the real property. Thus there is no reason that you cannot have a lien on a private leasehold interest that sits on public property. You want to be careful when you prepare the lien to only seek it against the leasehold. Also a lien on a leasehold is typically only as valuable as the tenant is collectable.
Go get em.
Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL 33323
Phone: 954-514-0984
Fax: 954-514-0985
e-mail: leiby@mkpalaw.com
Board Certified in Construction Law
Fla. S. Ct. Certified Circuit Court Civil Mediator
Fellow, College of Commercial Arbitrators
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Rafael Perez
Sent: Thursday, February 02, 2012 2:56 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] 713.10 lien for private leasehold on public land
Does anyone have any authority for a construction lien on a leasehold where the lessee is a private party but the lessor is a municipality (i.e. on public land)? The lessee contracted for the improvements which were required by the lease agreement. The only authority I have found is Section 8.3 of the Fla. Prac. Construction Law Manual which states in the first paragraph, in part: "However, there may be private leasehold interests on governmental property that are lienable." I have found no other authority.
Rafael A. Perez
Board Certified Construction Attorney
McArdle and Perez, P.A.
806 S. Douglas Road, Suite 625
Coral Gables, Florida 33134
305-442-2214
Fax 305-442-2291
rperez@mcper.commailto:rperez@mcper.com