Florida Statutes

Fla. Stat. § 713.01 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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, or partially dismantled condition.

(2) “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 s. 481.229(3).

(3) “Claim of lien” means the claim recorded as provided in s. 713.08.

(4) “Clerk’s office” means the office of the clerk of the circuit court of the county, or another office serving as the county recorder as provided by law, in which the real property is located.

(5) “Commencement of the improvement” means the time of filing for record of the notice of commencement provided in s. 713.13.

(6) “Contract” means an agreement for improving real property, written or unwritten, express or implied, and includes extras or change orders.

(7) “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. If no price is agreed upon by the contracting parties, this term means the value of all labor, services, or materials covered by their contract, with any increases and diminutions, as provided in this subsection. Allowance items are a part of the contract when accepted by the owner.

(8) “Contractor” means a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it or who takes over from a contractor as so defined the entire remaining work under such contract. The term “contractor” includes an architect, landscape architect, or engineer who improves real property pursuant to a design-build contract authorized by s. 489.103(16). The term also includes a licensed general contractor or building contractor, as those terms are defined in s. 489.105(3)(a) and (b), respectively, who provides construction management services, which include scheduling and coordinating preconstruction and construction phases for the construction project, or who provides program management services, which include schedule control, cost control, and coordinating the provision or procurement of planning, design, and construction for the construction project.

(9) “Direct contract” means a contract between the owner and any other person.

(10) “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 s. 471.003(2)(i).

(11) “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.

(12) “Final furnishing” means the last date that the lienor furnishes labor, services, or materials. Such date may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of final completion, and does not include the correction of deficiencies in the lienor’s previously performed work or materials supplied. With respect to rental equipment, the term means the date that the rental equipment was last on the site of the improvement and available for use.

(13) “Finance charge” means a contractually specified additional amount to be paid by the obligor on any balance that remains unpaid by the due date set forth in the credit agreement or other contract.

(14) “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. The delivery of materials to the site of the improvement is prima facie evidence of incorporation of such materials in the improvement. The delivery of rental equipment to the site of the improvement is prima facie evidence of the period of the actual use of the rental equipment from the delivery through the time the equipment is last available for use at the site, or 2 business days after the lessor of the rental equipment receives a written notice from the owner or the lessee of the rental equipment to pick up the equipment, whichever occurs first.

(15) “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.

(16) “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.

(17) “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.

(18) “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.

(19) “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 s. 713.03;

and who has a lien or prospective lien upon real property under this part, and includes his or her successor in interest. No other person may have a lien under this part.

(20) “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 s. 713.06(2).

(21) “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.

(22) “Notice by lienor” means the notice to owner served as provided in s. 713.06(2).

(23) “Notice of commencement” means the notice recorded as provided in s. 713.13.

(24) “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. The term includes a condominium association pursuant to chapter 718 as to improvements made to association property or common elements. The term does not include any political subdivision, agency, or department of the state, a municipality, or other governmental entity.

(25) “Perform” or “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.

(26) “Post” or “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.

(27) “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.

(28) “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. In cases of removal, without demolition and under contract, of an improvement from one lot, parcel, or tract of land to another, this term means the real property to which the improvement is removed.

(29) “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. The term includes a temporary help firm as defined in s. 443.101.

(30) “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. The term includes a temporary help firm as defined in s. 443.101.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 1, ch. 77-353; s. 1, ch. 80-97; s. 2, ch. 90-109; s. 1, ch. 91-102; s. 3, ch. 92-286; ss. 120, 317, ch. 94-119; s. 800, ch. 97-102; s. 2, ch. 98-135; s. 71, ch. 99-3; s. 2, ch. 2001-164; s. 4, ch. 2001-211; s. 2, ch. 2007-221; s. 3, ch. 2023-226.

Note.—Former s. 84.011.

Notes of Decisions

Cited in 114 cases (3 in the last 5 years), 1968–2026 · leading case: Sprinkler Fitters v. FITR SERV., 461 So. 2d 144 (Fla. 3d DCA 1984).

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Sprinkler Fitters v. FITR SERV., 461 So. 2d 144 (Fla. 3d DCA 1984). · cites it 22× “" § 713.01(1), Fla. Stat. (1981). "Improve" is defined as "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…”

Aquatic Plant Mgt. v. Paramount Eng'g, 977 So. 2d 600 (Fla. 4th DCA 2007). · cites it 11× “Subcontractors are persons defined in section 713.01 and may perform labor and services or furnish materials.”

Trytek v. Gale Indus., Inc., 3 So. 3d 1194 (Fla. 2009). · cites it 2× “) Although the Legislature expressly defined several terms within the Construction Lien Law in a section *1199 entitled “Definitions,” it did not define the term “prevailing party,” see § 713.01, Fla. Stat. (2005), nor does a definition appear in section 713.”

Premier Finishes, Inc. v. Maggirias, 130 So. 3d 238 (Fla. 2d DCA 2013). · cites it 5× “See § 713.01(18)(a) (defining “lienor” as a contractor); see also § 713.”

Miller Const. Co. v. First Indus. Tech. Corp., 576 So. 2d 748 (Fla. 3d DCA 1991). · cites it 6× “Section 713.01(7), Florida Statutes (1987), [4] which defines "improve", and section 713.”

Sowers v. Hoenstine, 417 So. 2d 1137 (Fla. 5th DCA 1982). · cites it 4× “" § 713.01(2), Fla. Stat. (1979). In Leader Mortgage Co.”

Tuttle/white Constructions, Inc. v. Hughes Supply, Inc., 371 So. 2d 559 (Fla. 4th DCA 1979). · cites it 4× “Section 713.01(19), Florida Statutes. Since appellee's notice was not served within the statutory period, such notice cannot be said to be duly served.”

Adams Homes of Nw. Florida, Inc. v. Cranfill, 7 So. 3d 611 (Fla. 5th DCA 2009). · cites it 4× “Even assuming for the purpose of this analysis that Adams Homes is a contractor within the definition found within section 713.01(18), an issue in serious doubt because it was the owner of the property on which the accident occurred, 2 we conclude that the position of Adams…”

Sch. BD., ETC. v. Vincent J. Fasano, Inc., 417 So. 2d 1063 (Fla. 4th DCA 1982). · cites it 2× “§ 713.01(14), Fla. Stat. (1979). However, Section 255.”

Morgan v. Goodwin, 355 So. 2d 217 (Fla. 1st DCA 1978). · cites it 3× “Goodwin was not a laborer but a subcontractor, defined in Section 713.01(16) as "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.”

Ceco Corp. v. Goldberg, 219 So. 2d 475 (Fla. 3d DCA 1969). · cites it 4× “Defendants-appellees moved to have the trial court dismiss the complaint on the ground that the Mechanics' Lien Act, § 713.01 et seq. Fla. Stat., F.S.A., does not afford a lien to a sub-subcontractor.”

Taylor Woodrow Constr. Corp. v. Burke Co., 606 So. 2d 1154 (Fla. 1992). · cites it 2× “NOTES [1] § 713.01, Fla. Stat. (1989). [2] We note that the legislature has amended section 255.”

Show all 114 citing cases →

— 713.01(1) — 4 cases

Sprinkler Fitters v. FITR SERV., 461 So. 2d 144 (Fla. 3d DCA 1984). “" § 713.01(1), Fla. Stat. (1981). "Improve" is defined as "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…”

Warshaw v. Pyms, 266 So. 2d 355 (Fla. 3d DCA 1972).

Alfred Karram, III, Inc. v. Cantor, 634 So. 2d 210 (Fla. 4th DCA 1994).

Rutenberg-Sarasota, Ltd. v. Eisner, 509 So. 2d 398 (Fla. 2d DCA 1987).

— 713.01(10) — 13 cases

Nat'l Fire Ins. Co. v. LJ Clark Const. Co., Inc., 579 So. 2d 743 (Fla. 4th DCA 1991).

Stand. Heating Serv. v. Guymann Const., 459 So. 2d 1103 (Fla. 2d DCA 1984).

Duval Asphalt Prods., Inc. v. E. Vaughn Rivers, Inc., 620 So. 2d 1043 (Fla. 1st DCA 1993).

Bracco v. Cardozo, 434 So. 2d 1024 (Fla. 2d DCA 1983).

Grant v. Lathan Constr. Corp. (In Re Constr. Contractors of Ocala, Inc.), 196 B.R. 188 (Bankr. M.D. Fla. 1996).

— 713.01(10)(c) — 1 case

Bracco v. Cardozo, 434 So. 2d 1024 (Fla. 2d DCA 1983).

— 713.01(11) — 2 cases

Arabi Homes, Inc. v. Bachrach, 446 So. 2d 725 (Fla. 2d DCA 1984).

Malt v. Chambers Truss, Inc., 522 So. 2d 430 (Fla. 4th DCA 1988).

— 713.01(12) — 3 cases

Aquatic Plant Mgt. v. Paramount Eng'g, 977 So. 2d 600 (Fla. 4th DCA 2007). “Subcontractors are persons defined in section 713.01 and may perform labor and services or furnish materials.”

Alton Towers, Inc. v. Coplan Pipe & Supply Co., 262 So. 2d 671 (Fla. 1972).

Adamson v. First Fed. Sav. & Loan Ass'n of Andalusia, 519 So. 2d 1036 (Fla. 1st DCA 1988).

— 713.01(13) — 1 case

Warren v. Bill Ray Constr. Co., Inc., 269 So. 2d 25 (Fla. 3d DCA 1972).

— 713.01(14) — 8 cases

Sch. BD., ETC. v. Vincent J. Fasano, Inc., 417 So. 2d 1063 (Fla. 4th DCA 1982). “§ 713.01(14), Fla. Stat. (1979). However, Section 255.”

Wg Mills, Inc. v. M & Ma Corp., 465 So. 2d 1388 (Fla. 2d DCA 1985).

Skilled Servs. Corp. v. Reliance Ins. Co., 763 So. 2d 1092 (Fla. 5th DCA 1999).

Levin v. Palm Coast Builders & Const., Inc., 840 So. 2d 316 (Fla. 4th DCA 2003).

Ammerman v. Markham, 222 So. 2d 423 (Fla. 1969).

— 713.01(15) — 2 cases

Aquatic Plant Mgt. v. Paramount Eng'g, 977 So. 2d 600 (Fla. 4th DCA 2007). “Subcontractors are persons defined in section 713.01 and may perform labor and services or furnish materials.”

Parc Cent. Aventura East Condo. v. Victoria Grp. Servs., LLC, 54 So. 3d 532 (Fla. 3d DCA 2011).

— 713.01(16) — 3 cases

Morgan v. Goodwin, 355 So. 2d 217 (Fla. 1st DCA 1978). “Goodwin was not a laborer but a subcontractor, defined in Section 713.01(16) as "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.”

Craftsman Contractors, Inc. v. Brown, 695 So. 2d 750 (Fla. 1st DCA 1997).

Barber v. Dahlia at Plantation Homeowners Ass'n, 101 So. 3d 899 (Fla. 4th DCA 2012).

— 713.01(16)(c) — 1 case

Runyon Enter. v. Wicole Const. of Fl, 677 So. 2d 909 (Fla. 4th DCA 1996).

— 713.01(17) — 5 cases

Ceco Corp. v. Goldberg, 219 So. 2d 475 (Fla. 3d DCA 1969). “Defendants-appellees moved to have the trial court dismiss the complaint on the ground that the Mechanics' Lien Act, § 713.01 et seq. Fla. Stat., F.S.A., does not afford a lien to a sub-subcontractor.”

Dodge v. William E. Arnold Co., 373 So. 2d 98 (Fla. 1st DCA 1979).

Hey Kiley Man, Inc. v. Azalea Gardens Apts., 333 So. 2d 48 (Fla. 2d DCA 1976).

Craftsman Contractors, Inc. v. Brown, 695 So. 2d 750 (Fla. 1st DCA 1997).

Tremack Co. v. Fed. Ins. Co., 569 So. 2d 1355 (Fla. 3d DCA 1990).

— 713.01(18) — 1 case

Adams Homes of Nw. Florida, Inc. v. Cranfill, 7 So. 3d 611 (Fla. 5th DCA 2009). “Even assuming for the purpose of this analysis that Adams Homes is a contractor within the definition found within section 713.01(18), an issue in serious doubt because it was the owner of the property on which the accident occurred, 2 we conclude that the position of Adams…”

— 713.01(18)(a) — 1 case

Premier Finishes, Inc. v. Maggirias, 130 So. 3d 238 (Fla. 2d DCA 2013). “See § 713.01(18)(a) (defining “lienor” as a contractor); see also § 713.”

— 713.01(19) — 3 cases

Tuttle/white Constructions, Inc. v. Hughes Supply, Inc., 371 So. 2d 559 (Fla. 4th DCA 1979). “Section 713.01(19), Florida Statutes. Since appellee's notice was not served within the statutory period, such notice cannot be said to be duly served.”

Hardrives Co. v. Tri-Cnty. Concrete Prods., 489 So. 2d 1211 (Fla. 4th DCA 1986).

Carsrud v. Alpha & Omega Constr. Co., 878 So. 2d 420 (Fla. 3d DCA 2004).

— 713.01(2) — 10 cases

Sowers v. Hoenstine, 417 So. 2d 1137 (Fla. 5th DCA 1982). “" § 713.01(2), Fla. Stat. (1979). In Leader Mortgage Co.”

ATL. GARDENS LANDSCAPING, INC. v. Boca Raton Land Dev., Inc., 360 So. 2d 1278 (Fla. 4th DCA 1978).

Leader Mortg. Co. v. Rickards Elec. Serv., 348 So. 2d 1202 (Fla. 4th DCA 1977).

O'Kon & Co., Inc. v. Riedel, 540 So. 2d 836 (Fla. 1st DCA 1989).

Coordinated Constructors v. Florida Fill, Inc., 387 So. 2d 1006 (Fla. 3d DCA 1980).

— 713.01(20) — 2 cases

Wilson Ciceron & Rosie Ciceron v. Sunbelt Rentals, Inc., 163 So. 3d 609 (Fla. 4th DCA 2015).

— 713.01(22) — 1 case

Aquatic Plant Mgt. v. Paramount Eng'g, 977 So. 2d 600 (Fla. 4th DCA 2007). “Subcontractors are persons defined in section 713.01 and may perform labor and services or furnish materials.”

— 713.01(26) — 3 cases

Kone, Inc. v. Robinson, 937 So. 2d 238 (Fla. 1st DCA 2006).

Action Labor of Florida v. Liberty Mut., 879 So. 2d 1240 (Fla. 3d DCA 2004).

James B. Pirtle Constr. Co., Inc. v. Warren Henry Automobiles, Inc. (Fla. 3d DCA 2021).

— 713.01(27) — 2 cases

Aquatic Plant Mgt. v. Paramount Eng'g, 977 So. 2d 600 (Fla. 4th DCA 2007). “Subcontractors are persons defined in section 713.01 and may perform labor and services or furnish materials.”

Action Labor of Florida v. Liberty Mut., 879 So. 2d 1240 (Fla. 3d DCA 2004).

— 713.01(28) — 2 cases

Wilson Ciceron & Rosie Ciceron v. Sunbelt Rentals, Inc., 163 So. 3d 609 (Fla. 4th DCA 2015).

— 713.01(3) — 10 cases

Zaleznik v. Gulf Coast Roofing Co., Inc., 576 So. 2d 776 (Fla. 2d DCA 1991).

Bankers & Shippers Ins. v. Aia Insulation, 390 So. 2d 734 (Fla. 4th DCA 1980).

Tamarac Vill., Inc. v. Bates & Daly Co., 348 So. 2d 23 (Fla. 4th DCA 1977).

Meredith v. Lowe's of Florida, Inc., 405 So. 2d 1061 (Fla. 5th DCA 1981).

S. Contractor Rentals v. Broderick, 476 So. 2d 1376 (Fla. 2d DCA 1985).

— 713.01(4) — 2 cases

Robert M. Swedroe, Architect/Planners, AIA, PA v. First Am. Inv. Corp., 565 So. 2d 349 (Fla. 1st DCA 1990).

Gulfside Props. Corp. v. Chapman Corp., 737 So. 2d 604 (Fla. 1st DCA 1999).

— 713.01(5) — 4 cases

Doug Hambel's Plumbing, Inc. v. Conway, 831 So. 2d 704 (Fla. 4th DCA 2002).

Cds & Assocs. v. 1711 Donna Road Assocs., 743 So. 2d 1223 (Fla. 4th DCA 1999).

Monde Invest No 2 v. Rd Taylor-Made Enter., 344 So. 2d 871 (Fla. 4th DCA 1977).

Schipani v. Seagraves, Inc., 772 So. 2d 591 (Fla. 5th DCA 2000).

— 713.01(6) — 15 cases

Moretrench Am. Corp. v. TAYLOR WOODROW CONST. CORP., 565 So. 2d 861 (Fla. 2d DCA 1990).

Ins. Co. v. Julien P. Benjamin Equip. Co., 481 So. 2d 511 (Fla. 1st DCA 1985).

United Bonding Ins. Co. v. Dura-Stress, Inc., 243 So. 2d 244 (Fla. 2d DCA 1971).

— 713.01(7) — 5 cases

Miller Const. Co. v. First Indus. Tech. Corp., 576 So. 2d 748 (Fla. 3d DCA 1991). “Section 713.01(7), Florida Statutes (1987), [4] which defines "improve", and section 713.”

Sasso Air Conditioning, Inc. v. United Companies Lending Corp., 742 So. 2d 468 (Fla. 4th DCA 1999).

Corum Funding Co. v. Int'l Manors Dev. Co., 309 So. 2d 561 (Fla. 4th DCA 1975).

Rug Mart, Inc. v. Pellicci, 384 So. 2d 1325 (Fla. 2d DCA 1980).

— 713.01(8) — 9 cases

Premier Finishes, Inc. v. Maggirias, 130 So. 3d 238 (Fla. 2d DCA 2013). “See § 713.01(18)(a) (defining “lienor” as a contractor); see also § 713.”

Miller Const. Co. v. First Indus. Tech. Corp., 576 So. 2d 748 (Fla. 3d DCA 1991). “Section 713.01(7), Florida Statutes (1987), [4] which defines "improve", and section 713.”

Legault v. Suncoast Lawn Serv. Inc., 486 So. 2d 72 (Fla. 4th DCA 1986).

— 713.01(9) — 7 cases

Fleitas v. Julson, Inc., 580 So. 2d 636 (Fla. 3d DCA 1991).

Tremack Co. v. Fed. Ins. Co., 569 So. 2d 1355 (Fla. 3d DCA 1990).

Fid. & Deposit Co. of Maryland v. Waldron's, Inc., 608 So. 2d 119 (Fla. 4th DCA 1992).

— 713.01(a) — 1 case

Keller v. Newman Sons, Inc., 756 So. 2d 120 (Fla. 3d DCA 2000).

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