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The 2025 Florida Statutes
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F.S. 713.04713.04 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 713.04
Total Results: 19
546 So. 2d 1099, 14 Fla. L. Weekly 1514, 1989 Fla. App. LEXIS 3594, 1989 WL 67458
District Court of Appeal of Florida | Filed: Jun 23, 1989 | Docket: 1731030
Cited 6 times | Published
because subdivision improvements are governed by section 713.04, Florida Statutes, and that section does not
377 So. 2d 164, 1979 Fla. LEXIS 4873
Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 423535
Cited 5 times | Published
"subdivision improvements" as that term is defined in section 713.04, Florida Statutes (1973),[1] and that therefore
358 So. 2d 225
District Court of Appeal of Florida | Filed: Apr 25, 1978 | Docket: 1691080
Cited 5 times | Published
concerns itself with liens for professional services, § 713.04 applies to subdivision improvement lienors, §
454 So. 2d 701
District Court of Appeal of Florida | Filed: Aug 10, 1984 | Docket: 79578
Cited 4 times | Published
claim of lien against appellee's property under section 713.04, Florida Statutes (1981), and brought the instant
383 So. 2d 280
District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 2535748
Cited 4 times | Published
JACKSON O., Associate Judge, concur.
NOTES
[1] Section 713.04, Fla. Stat. (1979).
394 So. 2d 155
District Court of Appeal of Florida | Filed: Feb 4, 1981 | Docket: 1315372
Cited 3 times | Published
which involved hauling, etc., brought him under Section 713.04, Florida Statutes (1977). We believe appellee's
364 So. 2d 802
District Court of Appeal of Florida | Filed: Nov 14, 1978 | Docket: 462013
Cited 3 times | Published
property suitable for improvements as defined in Section 713.04, Florida Statutes (1975). The contract for
309 So. 2d 51, 1975 Fla. App. LEXIS 14331
District Court of Appeal of Florida | Filed: Mar 5, 1975 | Docket: 2543319
Cited 3 times | Published
privity existed.
Appellant contends that under § 713.04 of the Mechanics' Lien Law, in order to perfect
455 So. 2d 1164, 9 Fla. L. Weekly 1956, 1984 Fla. App. LEXIS 14951
District Court of Appeal of Florida | Filed: Sep 12, 1984 | Docket: 1692623
Cited 2 times | Published
alternative method of distribution described in section 713.04, nor 713.07. The rest of chapter 713, part
64 B.R. 177
United States Bankruptcy Court, M.D. Florida | Filed: Aug 14, 1986 | Docket: 1825625
Cited 1 times | Published
mechanic's lien claim is governed by Florida Statute § 713.04 (subdivision improvements). Suter's work benefited
476 So. 2d 1376, 10 Fla. L. Weekly 2416
District Court of Appeal of Florida | Filed: Oct 23, 1985 | Docket: 1681518
Cited 1 times | Published
their authority and on the express language of section 713.04, we affirm. In so doing, we find it unnecessary
603 So. 2d 1357, 1992 Fla. App. LEXIS 9161, 1992 WL 197776
District Court of Appeal of Florida | Filed: Aug 18, 1992 | Docket: 64669405
Published
“abutting lands,” as the term is utilized in section 713.04, Florida Statutes (1989), a portion of the
566 So. 2d 335, 1990 Fla. App. LEXIS 6518, 1990 WL 127998
District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 64652713
Published
713.06, Florida Statutes (1985), applied to Section 713.04, Florida Statutes (1985), because the two sections
552 So. 2d 256, 14 Fla. L. Weekly 2565, 1989 Fla. App. LEXIS 6146
District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 64646334
Published
definition, the work performed by Marks fell under § 713.04, Fla.Stat. (1985), which provides in pertinent
478 So. 2d 1180, 10 Fla. L. Weekly 2629, 1985 Fla. App. LEXIS 17075
District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 64615745
Published
enforce a mechanic’s lien. Appellant relies upon section 713.04, Florida Statutes (1983) to excuse its failure
463 So. 2d 1187, 10 Fla. L. Weekly 170, 1985 Fla. App. LEXIS 13931
District Court of Appeal of Florida | Filed: Jan 9, 1985 | Docket: 64610028
Published
completion of the last work on the project. See § 713.04, Fla.Stat. Appellant also fulfilled the other
457 So. 2d 597, 9 Fla. L. Weekly 2229, 1984 Fla. App. LEXIS 15541
District Court of Appeal of Florida | Filed: Oct 17, 1984 | Docket: 64607426
Published
of lien against the subdivision property. See § 713.04, Fla. Stat. (1983). GDC thereupon filed an inter-pleader
447 So. 2d 324, 1984 Fla. App. LEXIS 11859
District Court of Appeal of Florida | Filed: Feb 22, 1984 | Docket: 64603686
Published
At issue is the interpretation to be given Section 713.04, Florida Statutes (1981). It provides:
Subdivision
388 So. 2d 623, 1980 Fla. App. LEXIS 17258
District Court of Appeal of Florida | Filed: Sep 24, 1980 | Docket: 64578262
Published
found the Appellant/Lienor to be subject to Section 713.04, Florida Statute (1975) as there is competent
