Florida Statute 713.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.04

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.

F.S. 713.04 on Google Scholar

F.S. 713.04 on Casetext

Amendments to 713.04

Arrestable Offenses / Crimes under Fla. Stat. 713.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.04.

Annotations, Discussions, Cases:

Cases Citing Statute 713.04

Total Results: 20

State v. Espinoza

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-30T00:00:00-08:00

Citation: 264 So. 3d 1055

Snippet: outside of the statute's ambit." Id. at 713.4 See also *1067United States v. Faiella, 39 F.Supp

State v. Espinoza

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-30T00:00:00-08:00

Citation: 264 So. 3d 1055

Snippet: outside of the statute's ambit." Id. at 713.4 See also *1067United States v. Faiella, 39 F.Supp

Davis Water & Waste Industries, Inc. v. Embry Development Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-08-18T00:00:00-07:00

Citation: 603 So. 2d 1357, 1992 Fla. App. LEXIS 9161, 1992 WL 197776

Snippet: abutting lands,” as the term is utilized in section 713.04, Florida Statutes (1989), a portion of the Florida…complaint for mechanic’s lien filed pursuant to section 713.04, Davis alleged that the materials it provided for…The applicable statutory provision is as follows: 713.04 SUBDIVISION IMPROVEMENTS (1) Any lienor who, regardless… the basis for a lien upon the abutting land, § 713.04, Fla.Stat. (1989). The Construction Lien Law, Chapter…error in the trial court’s construction of section 713.04, Florida Statutes (1989), we AFFIRM the final summary

Tri-County Concrete Products, Inc. v. Boynton West Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-08-29T00:00:00-07:00

Citation: 566 So. 2d 335, 1990 Fla. App. LEXIS 6518, 1990 WL 127998

Snippet: 713.06, Florida Statutes (1985), applied to Section 713.04, Florida Statutes (1985), because the two sections

Marks Landscape & Paving Co. v. R.P.B. Industrial Park, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-11-08T00:00:00-08:00

Citation: 552 So. 2d 256, 14 Fla. L. Weekly 2565, 1989 Fla. App. LEXIS 6146

Snippet: (1985), to the provisions of § 713.04, Fla.Stat. (1985). Section 713.04 is silent as to the applicability…definition, the work performed by Marks fell under § 713.04, Fla.Stat. (1985), which provides in pertinent …the paving of streets, curbs and sidewalks.... § 713.04, Fla.Stat. (1985). We conclude that the trial court… proper payments provision to apply to section 713.-04. In American Fire & Casualty Co. v. Davis Water….Stat. (1975), do not apply to a lienor under § 713.04. According to this court: Each of these sections

Health Quest Corp. v. DHRS

Court: Fla. Dist. Ct. App. | Date Filed: 1989-08-02T00:53:00-07:00

Citation: 548 So. 2d 719

Snippet: 100 beds under CON 2696. Section 381.713(4) 26. Section 381.713(4) states in pertinent part: (4) VALIDITY… sole issue in this case is whether section 381.713(4), Florida Statutes (1987), mandates the exclusion…the facility should be found because section 381.713(4), Florida Statutes (1987), requires the exclusion…officer ruled: The clear meaning of Section 381.713(4), as set forth in Finding of Fact 26, shows that…That case was not concerned with *721 section 381.713(4), but is persuasive in view of the facts of this

Hodusa Corp. v. ABRAY CONST. CO.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-06-23T00:00:00-07:00

Citation: 546 So. 2d 1099

Snippet: subdivision improvements are governed by section 713.04, Florida Statutes, and that section does not include…s affidavit requirement is not found in section 713.04 but in section 713.06, entitled "Liens of …lien statutes, our court has held that sections 713.04 and 713.06 must be interpreted together. Southern…702: ... we consider that the purpose of section 713.04 is simply to provide less restrictive notice requirements…amount, and extent of a lien perfected under section 713.04. Thus, because of the privity between Abray and

Florida Bar

Court: Fla. | Date Filed: 1989-06-01T00:00:00-07:00

Citation: 544 So. 2d 1013, 14 Fla. L. Weekly 268, 1989 Fla. LEXIS 504, 1989 WL 57948

Snippet: lienors who make the site suitable for improvement (§ 713.04) are not required to serve a NTO. The NTO must

Gulf Horizons Development Co. v. Lewis

Court: Fla. Dist. Ct. App. | Date Filed: 1985-11-27T00:00:00-08:00

Citation: 478 So. 2d 1180, 10 Fla. L. Weekly 2629, 1985 Fla. App. LEXIS 17075

Snippet: mechanic’s lien. Appellant relies upon section 713.04, Florida Statutes (1983) to excuse its failure …judgment for appel-lee Zephyr Egg, ruled that section 713.04 was limited to subdivision improvements. We agree…701 (Fla. 2d DCA 1984). While the text of section 713.04 does not specifically refer to subdivision improvements…improvements, section 713.02 makes it clear that section 713.04 is limited to liens for that kind of work. Affirmed

SOUTHERN CONTRACTOR RENTALS v. Broderick

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-23T00:53:00-07:00

Citation: 476 So. 2d 1376

Snippet: requirements of 713.06 were applicable to 713.04. Section 713.04 does away with the notice requirements …consider the interrelation and interaction of sections 713.04 and 713.06, Florida Statutes (1983), as we did …authority and on the express language of section 713.04, we affirm. In so doing, we find it unnecessary…Appellant argues that in enacting Florida Statute 713.04, entitled Subdivision Improvements, the legislature…Viewer, wherein we specifically held that sections 713.04 and 713.06 must be interpreted together. It appears

Wen-Dic Construction Co. v. Mainlands Construction Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-01-09T00:00:00-08:00

Citation: 463 So. 2d 1187, 10 Fla. L. Weekly 170, 1985 Fla. App. LEXIS 13931

Snippet: completion of the last work on the project. See § 713.04, Fla.Stat. Appellant also fulfilled the other procedural

American Diversified Dredging, Inc. v. Nautilus Construction Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-10-17T00:00:00-07:00

Citation: 457 So. 2d 597, 9 Fla. L. Weekly 2229, 1984 Fla. App. LEXIS 15541

Snippet: of lien against the subdivision property. See § 713.04, Fla. Stat. (1983). GDC thereupon filed an inter-pleader

INTERN. COMMUNITY CORP. v. Davis Water and Waste Industries, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-09-12T00:53:00-07:00

Citation: 455 So. 2d 1164

Snippet: section 713.04, nor 713.07. The rest of chapter 713, part I, except as excluded by sections 713.04 and 713.07… a subdivision development governed by sections 713.04 and 713.07, Florida Statutes (1981). Second, appellants…essentially argued that subdivision liens under sections 713.04 and 713.07 are independent of the other provisions…apply. There is no merit to this argument. Sections 713.04 and 713.07 provide for less restrictive notice

Sewer Viewer v. Shawnee Sunset Developers

Court: Fla. Dist. Ct. App. | Date Filed: 1984-08-10T00:53:00-07:00

Citation: 454 So. 2d 701

Snippet: lien against appellee's property under section 713.04, Florida Statutes (1981), and brought the instant…Appellant argues that we should construe section 713.04, Florida Statutes (1981), to determine its relationship…concluding, we consider that the purpose of section 713.04 is simply to provide less restrictive notice requirements…amount, and extent of a lien perfected under section 713.04. Our supreme court in American Fire & Casualty…decision which construed a prior version of section 713.04 as exempting lienors making subdivision improvements

Pembroke Villas of Broward, Inc. v. Raymundo

Court: Fla. Dist. Ct. App. | Date Filed: 1984-02-22T00:00:00-08:00

Citation: 447 So. 2d 324, 1984 Fla. App. LEXIS 11859

Snippet: within the category of lienors described in Section 713.04, Florida Statutes (1981). That section of the Mechanic…specifically require an affidavit under Section 713.04, no affidavit is required. See also American Fire

Royal v. Clemons

Court: Fla. Dist. Ct. App. | Date Filed: 1981-02-03T23:53:00-08:00

Citation: 394 So. 2d 155

Snippet: involved hauling, etc., brought him under Section 713.04, Florida Statutes (1977). We believe appellee'…'s position to be erroneous. Section 713.04, by its very term, applies to subdivision improvements

G. W. Martin Seawall, Inc. v. Flagship First National Bank of Miami

Court: Fla. Dist. Ct. App. | Date Filed: 1980-09-24T00:00:00-07:00

Citation: 388 So. 2d 623, 1980 Fla. App. LEXIS 17258

Snippet: found the Appellant/Lienor to be subject to Section 713.04, Florida Statute (1975) as there is competent substantial…evidence to support such a finding. Said Section 713.04 creates a lien for subdivision improvements but

Mershon v. Buckles-Thompson, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-07T00:53:00-07:00

Citation: 383 So. 2d 280

Snippet: O., Associate Judge, concur. NOTES [1] Section 713.04, Fla. Stat. (1979). OO-425/T1-140 District

American Fire & Cas. v. Davis Water & Waste

Court: Fla. | Date Filed: 1979-11-20T23:53:00-08:00

Citation: 377 So. 2d 164

Snippet: improvements" as that term is defined in section 713.04, Florida Statutes (1973),[1] and that therefore…materials for subdivision improvements under section 713.04, is not required to serve a notice on the owner… materials for subdivision improvements under § 713.04 of the Florida Statutes (1975) required to serve…and adopt its reasoning on both issues. Section 713.04, dealing with subdivision improvements, establishes…requirement of serving notice on the owner under section 713.04. The suit to enforce the lien was timely filed

Adams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1979-10-25T00:53:00-07:00

Citation: 376 So. 2d 47

Snippet: Statutes (1977); Fla.R.Crim.P. 3.710, 3.711, 3.712, 3.713. [4] The record of Adams' conviction of armed