Florida Statutes

Fla. Stat. § 713.02 (2025)

Types of lienors and exemptions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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 furnishing materials for subdivision improvements as described in s. 713.04 shall have rights to a lien on real property as provided in that section.

(3) Persons who are in privity with an owner and who perform labor or services or furnish materials constituting an improvement or part thereof shall have rights to a lien on real property as provided in s. 713.05.

(4) Persons who are not in privity with an owner and who perform labor or services or furnish materials constituting a part of an improvement under the direct contract of another person shall have rights to a lien on real property as provided in s. 713.06.

(5) Any improvement for which the direct contract price is $2,500 or less shall be exempt from all other provisions of this part except the provisions of s. 713.05.

(6) The owner and contractor may agree that the contractor shall furnish a payment bond as provided in s. 713.23, and upon receipt of the bond the owner is exempt from the other provisions of this part as to that direct contract, but this does not exempt the owner from the lien of the contractor who furnishes the bond. If the bond is provided, it shall secure all liens subsequently accruing under this part as provided in s. 713.23.

(7) Notwithstanding any other provision of this part, no lien shall exist in favor of any contractor, subcontractor, or sub-subcontractor who is unlicensed as provided in s. 489.128 or s. 489.532. Notwithstanding any other provision of this part, if a contract is rendered unenforceable by an unlicensed contractor, subcontractor, or sub-subcontractor pursuant to s. 489.128 or s. 489.532, such unenforceability shall not affect the rights of any other persons to enforce contract, lien, or bond remedies and shall not affect the obligations of a surety that has provided a bond on behalf of the unlicensed contractor, subcontractor, or sub-subcontractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed as provided in s. 489.128 or s. 489.532.

History.—s. 1, ch. 63-135; s. 1, ch. 67-210; s. 35, ch. 67-254; s. 7, ch. 69-97; ss. 2, 17, ch. 77-353; s. 1, ch. 78-397; s. 2, ch. 87-74; s. 15, ch. 87-310; s. 3, ch. 88-397; s. 801, ch. 97-102; s. 5, ch. 2001-211; s. 3, ch. 2003-257; s. 6, ch. 2005-227; s. 5, ch. 2007-221.

Note.—Former s. 84.022.

Notes of Decisions

Cited in 29 cases (4 in the last 5 years), 1968–2025 · leading case: Prof'l Plast. v. Bridgeport-Strasberg, 940 So. 2d 444 (Fla. 5th DCA 2006).

Sort: Relevance Newest Treatment

Prof'l Plast. v. Bridgeport-Strasberg, 940 So. 2d 444 (Fla. 5th DCA 2006). · cites it 4× “§ 713.02(6), Fla. Stat. (emphasis added).”

Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013). · cites it 2× “§ 713.02(7), Fla. Stat. (2005). Thus, as a matter of state policy, the Legislature has imposed a substantial penalty on the unlicensed contractor as the wrongdoer with regard to a construction contract.”

Michnal v. Palm Coast Dev., Inc., 842 So. 2d 927 (Fla. 4th DCA 2003). · cites it 2× “4th DCA 1979)(since a contract is essential to any mechanic's [contractor's] lien, the court must look first to the enforceability of the basic contractual obligation); § 713.02(7), Fla. Stat. (1997). TIMELINESS"FINAL FURNISHING" Still, Michnal contends even if Palm Coast's…”

Hegeman-Harris Co., Inc. v. All State Pipe Supply Co., Inc., 400 So. 2d 1245 (Fla. 5th DCA 1981). · cites it 2× “§ 713.02(6), Fla. Stat. (1979). When no payment bond has been furnished, a lienor who prosecutes his lien against the improved land is authorized to collect "a reasonable fee" without limitation.”

R & L Constr., Inc. v. Cullen, 557 So. 2d 931 (Fla. 5th DCA 1990). · cites it 3× “Section 713.02(5) provides (5) Any improvement for which the direct contract price is ,500 or less shall be exempt from all other provisions of this part I except the provisions of s.”

O'Kon & Co., Inc. v. Riedel, 540 So. 2d 836 (Fla. 1st DCA 1989). · cites it 2× “We believe that the only way O'Kon could assert a valid lien under Chapter 713 to enforce a claim for architectural fees would be through the mechanism of section 713.02(2), Florida Statutes. O'Kon did not pursue certification pursuant to section 481.”

Schleifer v. All-shores Const. & Supply Co., 260 So. 2d 270 (Fla. 4th DCA 1972). · cites it 4× “The effect of such bond is set forth in F.S. § 713.02(6), F.S.A. reading as follows: "In any direct contract the owner may require the contractor to furnish a payment bond as provided in § 713.”

Hawaiian Inn of Daytona Beach, Inc. v. Dunn, 342 So. 2d 132 (Fla. 1st DCA 1977). · cites it 2× “Section 713.02(6) provides: "In any direct contract the owner may require the contractor to furnish a payment bond as provided in s.”

Hey Kiley Man, Inc. v. Azalea Gardens Apts., 333 So. 2d 48 (Fla. 2d DCA 1976). “1963, now § 713.02 (4), F.S. 1975. [11] This conclusion was buttressed by the fact that the term "sub-subcontractor" has been continously retained within the definitions section of statutes since 1963, § 84.”

Aquatic Plant Mgt. v. Paramount Eng'g, 977 So. 2d 600 (Fla. 4th DCA 2007). “" See § 713.02(3)-(4), Fla. Stat. (2006). These classes of persons, including "materialman," "laborer," and "subcontractor" are defined by chapter 713.”

Cohen v. Lunsford, 362 So. 2d 383 (Fla. 1st DCA 1978). · cites it 2× “23, Florida Statutes (1975), which exempted them from liability to subcontractor under Section 713.02(6), Florida Statutes (1975).”

McMahan Constr. Co. v. Carol's Care Ctr., Inc., 460 So. 2d 1001 (Fla. 5th DCA 1984). · cites it 2× “McMahan also alleged that no final affidavit was required of it because it had furnished owner with a payment bond pursuant to section 713.02(6), Florida Statutes (1983).”

Show all 29 citing cases →

— 713.02(2) — 1 case

O'Kon & Co., Inc. v. Riedel, 540 So. 2d 836 (Fla. 1st DCA 1989). “We believe that the only way O'Kon could assert a valid lien under Chapter 713 to enforce a claim for architectural fees would be through the mechanism of section 713.02(2), Florida Statutes. O'Kon did not pursue certification pursuant to section 481.”

— 713.02(3) — 3 cases

Medellin v. MLA Consulting, Inc., 69 So. 3d 372 (Fla. 5th DCA 2011).

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

— 713.02(4) — 3 cases

Beautyware Plumbing Supply Co. v. Columbiad Apts., Inc., 215 So. 2d 42 (Fla. 4th DCA 1968).

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

V L Orlando Bldg. Corp. v. Skilled Servs. Corp., 769 So. 2d 526 (Fla. 5th DCA 2000).

— 713.02(5) — 3 cases

R & L Constr., Inc. v. Cullen, 557 So. 2d 931 (Fla. 5th DCA 1990). “Section 713.02(5) provides (5) Any improvement for which the direct contract price is ,500 or less shall be exempt from all other provisions of this part I except the provisions of s.”

Maccorone v. Rinker Materials Corp., 453 So. 2d 509 (Fla. 4th DCA 1984).

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

— 713.02(6) — 11 cases

Prof'l Plast. v. Bridgeport-Strasberg, 940 So. 2d 444 (Fla. 5th DCA 2006). “§ 713.02(6), Fla. Stat. (emphasis added).”

Hegeman-Harris Co., Inc. v. All State Pipe Supply Co., Inc., 400 So. 2d 1245 (Fla. 5th DCA 1981). “§ 713.02(6), Fla. Stat. (1979). When no payment bond has been furnished, a lienor who prosecutes his lien against the improved land is authorized to collect "a reasonable fee" without limitation.”

Schleifer v. All-shores Const. & Supply Co., 260 So. 2d 270 (Fla. 4th DCA 1972). “The effect of such bond is set forth in F.S. § 713.02(6), F.S.A. reading as follows: "In any direct contract the owner may require the contractor to furnish a payment bond as provided in § 713.”

Hawaiian Inn of Daytona Beach, Inc. v. Dunn, 342 So. 2d 132 (Fla. 1st DCA 1977). “Section 713.02(6) provides: "In any direct contract the owner may require the contractor to furnish a payment bond as provided in s.”

Cohen v. Lunsford, 362 So. 2d 383 (Fla. 1st DCA 1978). “23, Florida Statutes (1975), which exempted them from liability to subcontractor under Section 713.02(6), Florida Statutes (1975).”

— 713.02(7) — 3 cases

Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013). “§ 713.02(7), Fla. Stat. (2005). Thus, as a matter of state policy, the Legislature has imposed a substantial penalty on the unlicensed contractor as the wrongdoer with regard to a construction contract.”

Michnal v. Palm Coast Dev., Inc., 842 So. 2d 927 (Fla. 4th DCA 2003). “4th DCA 1979)(since a contract is essential to any mechanic's [contractor's] lien, the court must look first to the enforceability of the basic contractual obligation); § 713.02(7), Fla. Stat. (1997). TIMELINESS"FINAL FURNISHING" Still, Michnal contends even if Palm Coast's…”

Architectural Complements, Inc. v. R.G. Brown Props., Inc., 686 So. 2d 678 (Fla. 2d DCA 1996).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.