Florida Statute 713.015 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.015

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 up to and including four units, must contain the following notice provision printed in no less than 12-point, capitalized, boldfaced type on the front page of the contract or on a separate page, signed by the owner and dated:

ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

(2)(a) If the contract is written, the notice must be in the contract document. If the contract is oral or implied, the notice must be provided in a document referencing the contract.

(b) The failure to provide such written notice does not bar the enforcement of a lien against a person who has not been adversely affected.

(c) This section may not be construed to adversely affect the lien and bond rights of lienors who are not in privity with the owner. This section does not apply when the owner is a contractor licensed under chapter 489 or is a person who created parcels or offers parcels for sale or lease in the ordinary course of business.

History.—s. 1, ch. 2003-177; s. 5, ch. 2005-227; s. 4, ch. 2007-221.

F.S. 713.015 on Google Scholar

F.S. 713.015 on Casetext

Amendments to 713.015

Arrestable Offenses / Crimes under Fla. Stat. 713.015

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.015.

Annotations, Discussions, Cases:

Cases Citing Statute 713.015

Total Results: 9

Henry v. State

Court: Supreme Court of Florida | Date Filed: 2007-01-25

Citation: 948 So. 2d 609, 2006 WL 2883172

Snippet: in the case"); Gamble v. State, 877 So.2d 706, 713-15 (Fla. 2004) (holding that defense counsel conceding

Alvarez v. Crosby

Court: District Court of Appeal of Florida | Date Filed: 2005-07-13

Citation: 907 So. 2d 1231, 2005 Fla. App. LEXIS 10808, 2005 WL 1631087

Snippet: claimed by defendant-appellant Alvarez, in pages 713-15 of the trial transcript.” This court has now received

Mills v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-03-26

Citation: 840 So. 2d 464, 2003 WL 1625338

Snippet: power to punish. Vinson v. State, 345 So.2d 711, 713-15 (Fla.1977); Montgomery v. State, 821 So.2d 464

Le Dauphin Condominium Ass'n v. Groundworks of Palm Beach County, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1998-09-04

Citation: 719 So. 2d 13, 1998 Fla. App. LEXIS 11852, 1998 WL 640319

Snippet: the course of these transactions under section 713.15, Florida Statutes (1993). No such entitlement on

Florida Federal Savings & Loan Ass'n v. Britt's, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1984-09-27

Citation: 455 So. 2d 1345, 9 Fla. L. Weekly 2099, 1984 Fla. App. LEXIS 15234

Snippet: judgment allowing Britt’s Inc., pursuant to section 713.15, Florida Statutes (1983), to repossess certain

General Elec. Co. v. Atlantic Shores, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1983-07-28

Citation: 436 So. 2d 974, 1983 Fla. App. LEXIS 22768

Snippet: section 78.01, Florida Statutes (1981). See also § 713.15, Fla. Stat. (1981). On the other hand, if, at that

Coca-Cola Co., Food Division v. State, Dept.

Court: Supreme Court of Florida | Date Filed: 1981-06-04

Citation: 406 So. 2d 1079

Snippet: an idea they find morally objectionable. Id. at 713-15, 97 S.Ct. at 1434 (citations omitted). We do not

National Steel Products Co. v. DONALD L. MYRICK, ETC.

Court: District Court of Appeal of Florida | Date Filed: 1977-12-28

Citation: 353 So. 2d 657

Snippet: statutory right of replevin granted by Section 713.15, Florida Statutes (1975), "Repossession of materials

Associated Hous. Corp. v. KELLER BLDG. PRODUCTS

Court: District Court of Appeal of Florida | Date Filed: 1976-07-19

Citation: 335 So. 2d 362

Snippet: plaintiff should have pursued its remedy under F.S. 713.15 as part of its duty to mitigate damages.[1] The