Florida Statutes
Fla. Stat. § 713.04 (2025)
Subdivision improvements.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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 the construction of an improvement or improvements shall be entitled to a lien on the real property for any money that is owed to her or him for her or his services or materials furnished in accordance with her or his contract and the direct contract. The total amount of liens allowed under this section shall not exceed the amount of the direct contract under which the lienor furnishes labor, materials, or services. The work of making real property suitable as the site of an improvement shall include but shall not be limited to the grading, leveling, excavating, and filling of land, including the furnishing of fill soil; the grading and paving of streets, curbs, and sidewalks; the construction of ditches and other area drainage facilities; the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes; and the construction of canals and shall also include the altering, repairing, and redoing of all these things. When the services or materials are placed on land dedicated to public use and are furnished under contract with the owner of the abutting land, the cost of the services and materials, if unpaid, may be the basis for a lien upon the abutting land. When the services or materials are placed upon land under contract with the owner of the land who subsequently dedicates parts of the land to public use, the person furnishing the services or materials placed upon the dedicated land shall be entitled to a lien upon the land abutting the dedicated land for the unpaid cost of the services and materials placed upon the dedicated land, or in the case of improvements that serve or benefit real property that is divided by the improvements, to a lien upon each abutting part for the equitable part of the full amount due and owing. If the part of the cost to be borne by each parcel of the land subject to the same lien is not specified in the contract, it shall be prorated equitably among the parcels served or benefited. No lien under this section shall be acquired until a claim of lien is recorded. No notice of commencement shall be filed for liens under this section. No lienor shall be required to serve a notice to owner for liens under this section.
(2) If a lienor under this section who is not in privity with the owner serves a notice on the owner in accordance with the provisions of s. 713.06(2), payment of lienors by the owner under this section shall be governed by s. 713.06(3)(c), (d), (e), (f), (g), (h), and (4).
(3) The owner shall not pay any money on account of a direct contract before actual furnishing of labor and services or materials for subdivision improvements. Any payment not complying with such requirement shall not qualify as a proper payment under this chapter.
(4) The owner shall make final payment on account of a direct contract only after the contractor complies with s. 713.06(3)(d). Any payment not complying with such requirement shall not qualify as a proper payment under this chapter.
History.—s. 1, ch. 63-135; s. 2, ch. 65-456; s. 35, ch. 67-254; s. 2, ch. 80-97; s. 2, ch. 86-247; s. 803, ch. 97-102; s. 7, ch. 2005-227.
Note.—Former s. 84.041.
Notes of Decisions
Cited in 21
cases, 1975–2013 · leading case: Sewer Viewer v. Shawnee Sunset Developers, 454 So. 2d 701 (Fla. 2d DCA 1984).
Sewer Viewer v. Shawnee Sunset Developers, 454 So. 2d 701 (Fla. 2d DCA 1984). “Appellant timely recorded its claim of lien against appellee's property under section 713.04, Florida Statutes (1981), and brought the instant foreclosure action as a subcontractor providing labor and materials for subdivision improvements.”
Am. Fire & Cas. Co. v. Davis Water & Waste Ind., Inc., 358 So. 2d 225 (Fla. 4th DCA 1978). “03 concerns itself with liens for professional services, § 713.04 applies to subdivision improvement lienors, § 713.”
Am. Fire & Cas. v. Davis Water & Waste, 377 So. 2d 164 (Fla. 1979). “The trial court held that the materials supplied were used for "subdivision improvements" as that term is defined in section 713.04, Florida Statutes (1973), [1] and that therefore no notice to the owner was required.”
IberiaBank v. Coconut 41, LLC, 984 F. Supp. 2d 1283 (M.D. Ala. 2013). “Fla. Stat. § 713.04 (1). A contractor may not, however, file a fraudulent lien against property.”
Hodusa Corp. v. Abray Const. Co., 546 So. 2d 1099 (Fla. 2d DCA 1989). “Abray on the other hand claims that it was not required to furnish the affidavit, because subdivision improvements are governed by section 713.04, Florida Statutes, and that section does not include an affidavit requirement applicable to a lienor in privity with the owner.”
S. Contractor Rentals v. Broderick, 476 So. 2d 1376 (Fla. 2d DCA 1985). “Appellee Broderick entered into a contract with a general contractor to perform certain subdivision improvements to real property appellee owned in Pinellas County.”
Royal v. Clemons, 394 So. 2d 155 (Fla. 4th DCA 1981). “We hold that a lien claimant not in privity, who filed an untimely notice to owner, is entitled to participate with lienors of equal priority in any improper payments made by owner and also out of any funds remaining in the hands of the owner at the time of the filing of said…”
Davis Water & Waste Indus., Inc. v. Embry Dev. Corp., 603 So. 2d 1357 (Fla. 1st DCA 1992). “When the services or materials are placed on land dedicated to public use and are furnished under contract with the owner of the abutting land, the cost of the services *1359 and materials, if unpaid, may be the basis for a lien upon the abutting land, § 713.04, Fla.Stat.…”
In Re Cont'l Country Club, Inc., 64 B.R. 177 (Bankr. M.D. Fla. 1986). “Since Nash’s work benefited all the lots in the mobile home park, its mechanic’s lien claim is governed by Florida Statute § 713.04 (subdivision improvements). Suter’s work benefited only the individual lot on which improvements were made and it is in privity with debtor,…”
Baumgartner Const. Co., Inc. v. Harrell, 364 So. 2d 802 (Fla. 1st DCA 1978). “FACTS The Baumgartners contracted with "M" Enterprises ("M") to make their real property suitable for improvements as defined in Section 713.04, Florida Statutes (1975). The contract for improvements to the subdivision was in the amount of 0,000.”
Wen-Dic Constr. Co. v. Mainlands Constr. Co., 463 So. 2d 1187 (Fla. 2d DCA 1985). “See § 713.04, Fla.Stat. Appellant also fulfilled the other procedural requirements of the mechanic’s lien statute.”
INTERN. Cmty. CORP. v. Davis Water & Waste Indus., Inc., 455 So. 2d 1164 (Fla. 2d DCA 1984). “There is no alternative method of distribution described in section 713.04, nor 713.07. The rest of chapter 713, part I, except as excluded by sections 713.”
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