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: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1055

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

State v. Espinoza

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1055

Snippet: bitcoins 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: District Court of Appeal of Florida | Date Filed: 1992-08-18

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

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

Court: District Court of Appeal of Florida | Date Filed: 1990-08-29

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

Snippet: 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: District Court of Appeal of Florida | Date Filed: 1989-11-08

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

Snippet: definition, the work performed by Marks fell under § 713.04, Fla.Stat. (1985), which provides in pertinent

Health Quest Corp. v. DHRS

Court: District Court of Appeal of Florida | Date Filed: 1989-08-02

Citation: 548 So. 2d 719, 1989 WL 87556

Snippet: sole issue in this case is whether section 381.713(4), Florida Statutes (1987), mandates the exclusion

Hodusa Corp. v. ABRAY CONST. CO.

Court: District Court of Appeal of Florida | Date Filed: 1989-06-23

Citation: 546 So. 2d 1099, 14 Fla. L. Weekly 1514, 1989 Fla. App. LEXIS 3594, 1989 WL 67458

Snippet: subdivision improvements are governed by section 713.04, Florida Statutes, and that section does not include

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1989-06-01

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: District Court of Appeal of Florida | Date Filed: 1985-11-27

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

SOUTHERN CONTRACTOR RENTALS v. Broderick

Court: District Court of Appeal of Florida | Date Filed: 1985-10-23

Citation: 476 So. 2d 1376, 10 Fla. L. Weekly 2416

Snippet: consider the interrelation and interaction of sections 713.04 and 713.06, Florida Statutes (1983), as we did

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

Court: District Court of Appeal of Florida | Date Filed: 1985-01-09

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: District Court of Appeal of Florida | Date Filed: 1984-10-17

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: District Court of Appeal of Florida | Date Filed: 1984-09-12

Citation: 455 So. 2d 1164, 9 Fla. L. Weekly 1956, 1984 Fla. App. LEXIS 14951

Snippet: a subdivision development governed by sections 713.04 and 713.07, Florida Statutes (1981). Second, appellants

Sewer Viewer v. Shawnee Sunset Developers

Court: District Court of Appeal of Florida | Date Filed: 1984-08-10

Citation: 454 So. 2d 701

Snippet: lien against appellee's property under section 713.04, Florida Statutes (1981), and brought the instant

Pembroke Villas of Broward, Inc. v. Raymundo

Court: District Court of Appeal of Florida | Date Filed: 1984-02-22

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

Snippet: issue is the interpretation to be given Section 713.04, Florida Statutes (1981). It provides: Subdivision

Royal v. Clemons

Court: District Court of Appeal of Florida | Date Filed: 1981-02-04

Citation: 394 So. 2d 155

Snippet: involved hauling, etc., brought him under Section 713.04, Florida Statutes (1977). We believe appellee's

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

Court: District Court of Appeal of Florida | Date Filed: 1980-09-24

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

Mershon v. Buckles-Thompson, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1980-05-07

Citation: 383 So. 2d 280

Snippet: O., Associate Judge, concur. NOTES [1] Section 713.04, Fla. Stat. (1979).

American Fire & Cas. v. Davis Water & Waste

Court: Supreme Court of Florida | Date Filed: 1979-11-21

Citation: 377 So. 2d 164, 1979 Fla. LEXIS 4873

Snippet: improvements" as that term is defined in section 713.04, Florida Statutes (1973),[1] and that therefore

Adams v. State

Court: District Court of Appeal of Florida | Date Filed: 1979-10-25

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 robbery