Florida Statutes Part I - Construction Liens (Ss. 713.001-713.37)

• 713.001 - Short Title Of Part.
  This part may be cited as the “Construction Lien Law.”History.—s. 1, ch. 90-109.
• 713.01 - Definitions.
  As used in this part, the term:(1) “Abandoned property” means all tangible personal property that has been disposed of on public property in a wrecked, inoperative,...
• 713.012 - Written Notices, Demands, Or Requests.
  Notices, demands, or requests permitted or required under this part, except any required by s. 713.14, must be in writing.History.—s. 3, ch. 2007-221.
• 713.015 - Mandatory Provisions For Direct Contracts.
  (1) Any direct contract greater than $2,500 between an owner and a contractor, related to improvements to real property consisting of single or multiple family dwellings...
• 713.02 - Types Of Lienors And Exemptions.
  (1) Persons performing the services described in s. 713.03 shall have rights to a lien on real property as provided in that section.(2) Persons performing services or...
• 713.03 - Liens For Professional Services.
  (1) Any person who performs services as architect, landscape architect, interior designer, engineer, or surveyor and mapper, subject to compliance with and the limitations imposed by...
• 713.04 - Subdivision Improvements.
  (1) Any lienor who, regardless of privity, performs services or furnishes material to real property for the purpose of making it suitable as the site for...
• 713.05 - Liens Of Persons In Privity.
  A materialman or laborer, either of whom is in privity with the owner, or a contractor who complies with the provisions of this part shall,...
• 713.06 - Liens Of Persons Not In Privity; Proper Payments.
  (1) A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of...
• 713.07 - Priority Of Liens.
  (1) Liens under ss. 713.03 and 713.04 shall attach at the time of recordation of the claim of lien and shall take priority as of that...
• 713.08 - Claim Of Lien.
  (1) For the purpose of perfecting her or his lien under this part, every lienor, including laborers and persons in privity, shall record a claim of...
• 713.09 - Single Claim Of Lien.
  A lienor is required to record only one claim of lien covering his or her entire demand against the real property when the amount demanded...
• 713.10 - Extent Of Liens.
  (1) Except as provided in s. 713.12, a lien under this part shall extend to, and only to, the right, title, and interest of the person...
• 713.11 - Liens For Improving Land In Which The Contracting Party Has No Interest.
  When the person contracting for improving real property has no interest as owner in the land, no lien shall attach to the land, except as...
• 713.12 - Liens For Improving Real Property Under Contract With Husband Or Wife On Property Of The Other Or Of Both.
  When the contract for improving real property is made with a husband or wife who is not separated and living apart from his or her...
• 713.13 - Notice Of Commencement.
  (1)(a) Except for an improvement that is exempt pursuant to s. 713.02(5), an owner or the owner’s authorized agent before actually commencing to improve any real...
• 713.132 - Notice Of Termination.
  (1) An owner may terminate the period of effectiveness of a notice of commencement by executing, swearing to, and recording a notice of termination that contains:(a) The...
• 713.135 - Notice Of Commencement And Applicability Of Lien.
  (1) When any person applies for a building permit, the authority issuing such permit shall:(a) Print on the face of each permit card in no less than...
• 713.14 - Application Of Money To Materials Account.
  (1) Any owner, contractor, subcontractor, or sub-subcontractor, in making any payment under, or properly applicable to, any contract to one with whom she or he has...
• 713.15 - Repossession Of Materials Not Used.
  If for any reason the completion of an improvement is abandoned or though the improvement is completed, materials delivered are not used therefor, a person...
• 713.16 - Demand For Copy Of Contract And Statements Of Account; Form.
  (1) A copy of the contract of a lienor or owner and a statement of the amount due or to become due if fixed or ascertainable...
• 713.165 - Request For List Of Subcontractors And Suppliers.
  (1) An owner of real property may request from the contractor a list of all subcontractors and suppliers who have any contract with the contractor to...
• 713.17 - Materials Not Attachable For Debts Of Purchaser.
  Whenever materials have been furnished to improve real property and payment therefor has not been made or waived, such materials shall not be subject to...
• 713.18 - Manner Of Serving Notices And Other Instruments.
  (1) Service of notices, claims of lien, affidavits, assignments, and other instruments permitted or required under this part, or copies thereof when so permitted or required,...
• 713.19 - Assignment Of Lien.
  A lien or prospective lien, except that of a laborer, may be assigned by the lienor at any time before its discharge. The assignment may...
• 713.20 - Waiver Or Release Of Liens.
  (1) The acceptance by the lienor of an unsecured note for all or any part of the amount of his or her demand shall not constitute...
• 713.21 - Discharge Of Lien.
  A lien properly perfected under 1this chapter may be discharged by any of the following methods:(1) By entering satisfaction of the lien upon the margin of...
• 713.22 - Duration Of Lien.
  (1) A lien provided by this part does not continue for a longer period than 1 year after the claim of lien has been recorded or...
• 713.23 - Payment Bond.
  (1)(a) The payment bond required to exempt an owner under this part shall be furnished by the contractor in at least the amount of the original...
• 713.235 - Waivers Of Right To Claim Against Payment Bond; Forms.
  (1) When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to...
• 713.24 - Transfer Of Liens To Security.
  (1) Any lien claimed under this part may be transferred, by any person having an interest in the real property upon which the lien is imposed...
• 713.245 - Conditional Payment Bond.
  (1) Notwithstanding any provisions of ss. 713.23 and 713.24 to the contrary, if the contractor’s written contractual obligation to pay lienors is expressly conditioned upon and...
• 713.25 - Applicability Of Ch. 65-456.
  This act shall take effect on July 1, 1965, but shall not apply to any act required to be done within a time period which...
• 713.26 - Redemption And Sale.
  The right of redemption upon all sales under this part shall exist in favor of the person whose interest is sold and may be exercised...
• 713.27 - Interplead.
  An owner or other person holding funds for disbursement on an improvement shall have the right to interplead such lienor and any other person having...
• 713.28 - Judgments In Case Of Failure To Establish Liens; Personal And Deficiency Judgments Or Decrees.
  (1) If a lienor shall fail, for any reason, to establish a lien for the full amount found to be due him or her in an...
• 713.29 - Attorney’s Fees.
  In any action brought to enforce a lien or to enforce a claim against a bond under this part, the prevailing party is entitled to...
• 713.30 - Other Actions Not Barred.
  This part shall be cumulative to other existing remedies and nothing contained in this part shall be construed to prevent any lienor or assignee under...
• 713.31 - Remedies In Case Of Fraud Or Collusion.
  (1) When the owner or any lienor shall, by fraud or collusion, deprive or attempt to deprive any lienor of benefits or rights to which such...
• 713.32 - Insurance Proceeds Liable For Demands.
  The proceeds of any insurance that by the terms of the policy contract are payable to the owner of improved real property or a lienor...
• 713.33 - Disbursing Agent And Others May Rely On Owner’s Notices.
  When the proceeds of a construction or improvement loan or any portion thereof are being disbursed by a person other than the owner, any affidavit,...
• 713.345 - Moneys Received For Real Property Improvements; Penalty For Misapplication.
  (1)(a) A person, firm, or corporation, or an agent, officer, or employee thereof, who receives any payment on account of improving real property must apply such...
• 713.346 - Payment On Construction Contracts.
  (1) Any person who receives a payment for constructing or altering permanent improvements to real property shall pay, in accordance with the contract terms, the undisputed...
• 713.3471 - Lender Responsibilities With Construction Loans.
  (1) Prior to a lender making any loan disbursement on any construction loan secured by residential real property directly to the owner, which, for purposes of...
• 713.35 - Making Or Furnishing False Statement.
  Any person, firm, or corporation who knowingly and intentionally makes or furnishes to another person, firm, or corporation an affidavit, a waiver or release of...
• 713.37 - Rule Of Construction.
  This part shall not be subject to a rule of liberal construction in favor of any person to whom it applies.History.—s. 15, ch. 77-353.

Last modified: September 23, 2016