Florida Statute 713.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

View Entire Chapter

F.S. 713.05

713.05 Liens of persons in privity.—A materialman or laborer, either of whom is in privity with the owner, or a contractor who complies with the provisions of this part shall, subject to the limitations thereof, have a lien on the real property improved for any money that is owed to him or her for labor, services, materials, or other items required by, or furnished in accordance with, the direct contract and for unpaid finance charges due under the lienor’s contract. A materialman or laborer, in privity with the owner, or a contractor shall also have a lien on the owner’s real property for any money that is owed to him or her for labor, services, or materials furnished to improve public property if the improvements to the public property are a condition of the permit to improve the owner’s real property. No lien under this section shall be acquired until a claim of lien is recorded. A lienor who, as a subcontractor, sub-subcontractor, laborer, or materialman not in privity with the owner, commences to furnish labor, services, or material to an improvement and who thereafter becomes in privity with the owner shall have a lien for any money that is owed to him or her for the labor, services, or materials furnished after he or she becomes in privity with the owner. A lienor may record one claim of lien to cover both his or her work done in privity with the owner and not in privity with the owner. No lienor under this section shall be required to serve a notice to owner as provided in s. 713.06(2). A lienor, except a laborer or materialman, who is in privity with the owner and claims a lien under this section shall furnish the contractor’s affidavit required in s. 713.06(3)(d). A contractor may claim a lien for any labor, services, or materials furnished by another lienor for which he or she is obligated to pay the lienor, regardless of the right of the lienor to claim a lien; but, if the lienor claims a valid lien, the contractor shall not recover the amount of the lien recovered by the lienor, and the amount of the contractor’s claim of lien may be reduced accordingly by court order. No person shall have a lien under this section except those lienors specified in it, as their designations are defined in s. 713.01.

History.—s. 1, ch. 63-135; s. 3, ch. 65-456; s. 2, ch. 67-210; s. 35, ch. 67-254; s. 4, ch. 77-353; s. 3, ch. 80-97; s. 1, ch. 96-383; s. 1763, ch. 97-102.

Note.—Former s. 84.051.

F.S. 713.05 on Google Scholar

F.S. 713.05 on CourtListener

Amendments to 713.05

Annotations, Discussions, Cases:

Cases Citing Statute 713.05

Total Results: 52

Symons Corp. v. Tartan-Lavers Delray Beach

456 So. 2d 1254

District Court of Appeal of Florida | Filed: Sep 26, 1984 | Docket: 1732045

Cited 23 times | Published

subject to the notice to owner requirement. See § 713.05, Fla. Stat. (1983). Furthermore, Symons' position

Aetna Cas. and Sur. Co. v. Buck

594 So. 2d 280, 1992 WL 18569

Supreme Court of Florida | Filed: Feb 6, 1992 | Docket: 1741822

Cited 19 times | Published

exists between the owner and the subcontractor. See § 713.05, Fla. Stat. (1987).[1] Privity, however, is not

Ruocco v. Brinker

380 F. Supp. 432, 1974 U.S. Dist. LEXIS 7707

District Court, S.D. Florida | Filed: Jul 9, 1974 | Docket: 1019862

Cited 13 times | Published

F.S.A. [11] F.S. § 713.22, F.S.A. [12] F.S. § 713.05, F.S.A. and F.S. § 713.07(2), F.S.A. [13] F.S

Thompson v. Jared Kane Co., Inc.

872 So. 2d 356, 2004 Fla. App. LEXIS 5584, 2004 WL 868184

District Court of Appeal of Florida | Filed: Apr 23, 2004 | Docket: 1357557

Cited 10 times | Published

construction. The claim of lien was filed pursuant to section 713.05, Florida Statutes (1997), which allows for

Martin v. Jack Yanks Const. Co.

650 So. 2d 120, 1995 Fla. App. LEXIS 598, 1995 WL 36105

District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 1346178

Cited 7 times | Published

the full $107,208.60 lien on the property. Section 713.05, Florida Statutes (1993) states in part: [A]

Robert M. Swedroe, Architect/Planners, AIA, PA v. First American Inv. Corp.

565 So. 2d 349, 1990 Fla. App. LEXIS 5066, 1990 WL 96416

District Court of Appeal of Florida | Filed: Jul 6, 1990 | Docket: 1403652

Cited 6 times | Published

services or labor within the intendment of section 713.05. Application of the pertinent statutory provisions

Hodusa Corp. v. ABRAY CONST. CO.

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

of privity; that, however, is not the case. Section 713.05, entitled "Liens of persons in privity," specifically

Twelve Oaks, Ltd. v. Florida National Bank (In Re Twelve Oaks, Ltd.)

59 B.R. 736, 1986 Bankr. LEXIS 6293

United States Bankruptcy Court, M.D. Florida | Filed: Apr 10, 1986 | Docket: 1721235

Cited 6 times | Published

in accordance with the direct contract. F.S.A. § 713.05. In order for the lien to arise, however, the

HOBBS CONST. & DEV., INC. v. Presbyterian Homes

440 So. 2d 673

District Court of Appeal of Florida | Filed: Nov 18, 1983 | Docket: 1430558

Cited 6 times | Published

furnished in accordance with, the direct contract. Section 713.05, Fla. Stat. (1981). The "direct contract" is

Hey Kiley Man, Inc. v. Azalea Gardens Apartments

333 So. 2d 48, 1976 Fla. App. LEXIS 14472

District Court of Appeal of Florida | Filed: Jun 9, 1976 | Docket: 2469083

Cited 6 times | Published

So.2d 475. [6] Section 84.051, F.S. 1963, now § 713.05, F.S. 1975. [7] Section 84.061, F.S. 1963, now

Coquina, Ltd. v. Nicholson Cabinet Co.

509 So. 2d 1344, 12 Fla. L. Weekly 1759

District Court of Appeal of Florida | Filed: Jul 21, 1987 | Docket: 1362094

Cited 5 times | Published

instituting its lawsuit. We disagree and affirm. Section 713.05, Florida Statutes (1985), provides, in pertinent

Sowers v. Hoenstine

417 So. 2d 1137

District Court of Appeal of Florida | Filed: Aug 11, 1982 | Docket: 1382881

Cited 5 times | Published

and 713.06(3)(d)(1), Florida Statutes (1979). Section 713.05 provides in relevant part that: A lienor, except

American Fire & Cas. Co. v. DAVIS WATER & WASTE IND., INC.

358 So. 2d 225

District Court of Appeal of Florida | Filed: Apr 25, 1978 | Docket: 1691080

Cited 5 times | Published

04 applies to subdivision improvement lienors, § 713.05 deals with lienors in privity, and § 713.06 discusses

Viyella Co. v. Gomes

657 So. 2d 83, 1995 WL 421876

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 463931

Cited 4 times | Published

real property in accordance with a contract, section 713.05, Florida Statutes (1993), allows a contractor

Miller Const. Co. v. First Indus. Technology Corp.

576 So. 2d 748, 1991 WL 18263

District Court of Appeal of Florida | Filed: Feb 19, 1991 | Docket: 1669717

Cited 4 times | Published

section 713.03, Florida Statutes (1987), or section 713.05, Florida Statutes (1987). We reverse on the

Plaza Builders, Inc. v. Regis

502 So. 2d 918, 12 Fla. L. Weekly 177

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1657686

Cited 4 times | Published

breach of contract claim. Regis, relying on section 713.05, argues that the trial court should have set

Parsons v. Whitaker Plumbing of Boca Raton, Inc.

751 So. 2d 655, 1999 WL 1259942

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 1712502

Cited 3 times | Published

Whitaker sought to foreclose a lien created by section 713.05, Florida Statutes (1999). In an action to foreclose

Cds & Assocs. v. 1711 Donna Road Assocs.

743 So. 2d 1223, 1999 WL 1037967

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1243592

Cited 3 times | Published

contract implied in law and as a result, affirm. Section 713.05, Florida Statutes (1997) states: a contractor

Grant v. Davis (In Re CJW Ltd.)

172 B.R. 675, 8 Fla. L. Weekly Fed. B 188, 1994 Bankr. LEXIS 1521, 1994 WL 526035

United States Bankruptcy Court, M.D. Florida | Filed: Sep 26, 1994 | Docket: 1868313

Cited 3 times | Published

with the contractor or subcontractor. Fla.Stat. § 713.05; Fla. Stat. § 713.06(2)(a). Failure to serve this

McMAHAN CONST. CO. v. CAROL'S CARE CTR.

460 So. 2d 1001

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 1767052

Cited 3 times | Published

FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] Section 713.05 provides, in pertinent part, "A lienor ...

GIFFEN IND., ETC. v. Southeastern Associates, Inc.

357 So. 2d 217

District Court of Appeal of Florida | Filed: Mar 28, 1978 | Docket: 453682

Cited 3 times | Published

discharged from all such unrecorded liens... ." § 713.05, Florida Statutes, upon which Giffen relies for

Tompkins Land Co., Inc. v. Edge

341 So. 2d 206, 1976 Fla. App. LEXIS 15830

District Court of Appeal of Florida | Filed: Dec 17, 1976 | Docket: 1724148

Cited 3 times | Published

the award of attorneys' fee was insufficient. Section 713.05, Florida Statutes (1973) provides in part as

Premier Finishes, Inc. v. Maggirias

130 So. 3d 238, 2013 WL 6050873, 2013 Fla. App. LEXIS 18153

District Court of Appeal of Florida | Filed: Nov 15, 2013 | Docket: 60237693

Cited 2 times | Published

(defining “lienor” as a contractor); see also § 713.05 (explaining that a contractor, as defined in section

Niehaus v. Big Ben's Tree Service, Inc.

982 So. 2d 1253, 2008 Fla. App. LEXIS 8096, 2008 WL 2228847

District Court of Appeal of Florida | Filed: Jun 2, 2008 | Docket: 1664835

Cited 1 times | Published

valid contract exists between the parties. See § 713.05, Fla. Stat. (2006); Viking Cmtys. Corp. v. Peeler

New Image Carpets, Inc. v. SANDERY CONST., INC.

541 So. 2d 1235, 1989 WL 9759

District Court of Appeal of Florida | Filed: Feb 10, 1989 | Docket: 470580

Cited 1 times | Published

subcontractor and the owner by reason of which, under section 713.05, no notice to owner would have been necessary

In Re Continental Country Club, Inc.

64 B.R. 177

United States Bankruptcy Court, M.D. Florida | Filed: Aug 14, 1986 | Docket: 1825625

Cited 1 times | Published

its lien claim is governed by Florida Statute § 713.05 (liens of persons in privity). Both §§ 713.04

Cleveland Trust Co. v. Ousley Sod Co.

351 So. 2d 58

District Court of Appeal of Florida | Filed: Oct 4, 1977 | Docket: 1246718

Cited 1 times | Published

acquisition or perfection of a claim of lien. Section 713.05, Florida Statutes (1975), provides that the

PAGE HEATING & COOLING v. Goldmar Homes, Inc.

338 So. 2d 265, 1976 Fla. App. LEXIS 15634

District Court of Appeal of Florida | Filed: Oct 18, 1976 | Docket: 1511863

Cited 1 times | Published

to support the foregoing conclusion, to-wit: F.S. 713.05 which states that no lien under that section

Custom Homes by Triumph, LLC v. Sverdlow, Sverdlow

District Court of Appeal of Florida | Filed: Aug 29, 2025 | Docket: 71227609

Published

construction lien capable of enforcement. See § 713.05 ("No lien under this section shall be acquired

Pinnacle Construction Group, Inc. v. Tom Krips Construction, Inc.

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68177873

Published

them. To support its position, Krips cited section 713.05, Florida Statutes, and Broward Atlantic Plumbing

JAMES B. PIRTLE CONSTRUCTION CO., INC. v. WARREN HENRY AUTOMOBILES, INC.

District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660119

Published

property as provided in § 713.05.” WHA’s motion below cited to section 713.05, which states that a “contractor

EARL W. JOHNSTON ROOFING, LLC. v. BARBARA HERNANDEZ

District Court of Appeal of Florida | Filed: May 27, 2020 | Docket: 17195213

Published

29 are included within the lien created by section 713.05.” Parsons v. Whitaker Plumbing of Boca Raton

Marble Unlimited, Inc. v. Weston Real Estate Investment Corp.

125 So. 3d 286, 2013 WL 1222779, 2013 Fla. App. LEXIS 4898

District Court of Appeal of Florida | Filed: Mar 27, 2013 | Docket: 60235819

Published

notice to owner, as required by section 713.06. § 713.05, Fla. Stat. (2010); King v. Brickellbanc Sav.

Medellin v. MLA Consulting, Inc.

69 So. 3d 372, 2011 Fla. App. LEXIS 14665, 2011 WL 4102290

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 60302609

Published

court further explained: We also note that section 713.05 states that a contractor is permitted to have

Thompson v. TREISER, COLLINS & VERNON

26 So. 3d 64, 2010 Fla. App. LEXIS 189, 2010 WL 143448

District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 1115565

Published

construction. The claim of lien was filed pursuant to section 713.05, Florida Statutes (1997), which allows for

In re Madden

274 B.R. 551, 47 Collier Bankr. Cas. 2d 1459, 15 Fla. L. Weekly Fed. B 60, 2001 Bankr. LEXIS 1750, 2001 WL 1755243

United States Bankruptcy Court, M.D. Florida | Filed: Aug 10, 2001 | Docket: 65782319

Published

public records of DeSoto County. Thus, by virtue of § 713.05, Florida Statutes, it was in privity with the

Onionskin, Inc. v. DeCiccio

720 So. 2d 257, 1998 Fla. App. LEXIS 12282, 1998 WL 653606

District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 64784079

Published

stretch of the imagination.” We also note that section 713.05 states that a contractor is permitted to have

Metal Foam Industries, Inc. v. Watson

716 So. 2d 328, 1998 Fla. App. LEXIS 10366, 1998 WL 472632

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 64782377

Published

713.06(2), Florida Statutes (1995), because section 713.05, Florida Statutes (1995), provides that a lienor

Fischer-McGann, Inc. v. Gene B. Glick Co.

715 So. 2d 994, 1998 Fla. App. LEXIS 7987, 1998 WL 347116

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 64782128

Published

recovery as inconsistent with the provisions of section 713.05, Florida Statutes.” Glick, 667 So.2d at 867

Grant v. Florida Power Corp. (In re American Fabricators, Inc.)

197 B.R. 987, 10 Fla. L. Weekly Fed. B 11, 1996 Bankr. LEXIS 773

United States Bankruptcy Court, M.D. Florida | Filed: Jun 4, 1996 | Docket: 65781362

Published

Rec. 72). Trustee argues that Florida Statute section 713.05 requires that work must be performed for the

Gene B. Glick Co. v. Fischer-McGann, Inc.

667 So. 2d 865, 1996 Fla. App. LEXIS 564, 1996 WL 34027

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 64762195

Published

recovery as inconsistent with the provisions of section 713.05, Florida Statutes.

CL WHITESIDE v. Landings Joint Venture

626 So. 2d 1051, 1993 WL 458967

District Court of Appeal of Florida | Filed: Nov 10, 1993 | Docket: 1286180

Published

exists between the owner and the subcontractor. See § 713.05, Fla. Stat. (1987). Privity, however, is not defined

R & L Construction, Inc. v. Cullen

557 So. 2d 931, 1990 Fla. App. LEXIS 1407, 1990 WL 20396

District Court of Appeal of Florida | Filed: Mar 8, 1990 | Docket: 64648662

Published

part I except the provisions of s. 713.05. Section 713.05 relating to liens of mechanic lienors in privity

King v. Brickellbanc Savings Ass'n

551 So. 2d 604, 14 Fla. L. Weekly 2613, 1989 Fla. App. LEXIS 6294, 1989 WL 133749

District Court of Appeal of Florida | Filed: Nov 9, 1989 | Docket: 64645940

Published

Treetop is the key to the outcome of this matter. Section 713.05, Florida Statutes (1987) provides that if privity

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

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

owner, why did the legislature under § 713.03 and § 713.05, specifically include language excusing the filing

Picou v. L & S Paving, Inc.

541 So. 2d 180, 14 Fla. L. Weekly 990, 1989 Fla. App. LEXIS 2019, 1989 WL 36272

District Court of Appeal of Florida | Filed: Apr 19, 1989 | Docket: 64641501

Published

amount of the subcontractor’s lien pursuant to section 713.05, Florida Statutes (1987). See Plaza Builders

Plaza Builders, Inc. v. Regis

507 So. 2d 1169, 1987 Fla. App. LEXIS 8483, 12 Fla. L. Weekly 1356

District Court of Appeal of Florida | Filed: May 27, 1987 | Docket: 64627475

Published

computation of damages. On appeal, Regis, relying on section 713.-05, argued that the trial court should have set

McMahan Construction Co. v. Carol's Care Center, Inc.

460 So. 2d 1001, 10 Fla. L. Weekly 11, 1984 Fla. App. LEXIS 16436

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 64608790

Published

and FRANK D. UP-CHURCH, Jr., JJ„ concur. . Section 713.05 provides, in pertinent part, “A lienor ...

Maccorone v. Rinker Materials Corp.

453 So. 2d 509, 1984 Fla. App. LEXIS 13998

District Court of Appeal of Florida | Filed: Aug 1, 1984 | Docket: 64606128

Published

contract price was for less than $2,500, and Section 713.05 permits recovery only if the owner is in privity

Gorman v. Florida Wholesale Carpets (In re Listle Shreeves Corp.)

27 B.R. 108, 1983 Bankr. LEXIS 6885

United States Bankruptcy Court, M.D. Florida | Filed: Feb 3, 1983 | Docket: 65778394

Published

was “privity” between Deem and the Brancatos. Section 713.05 Fla.Stat. (1981) provides as follows: “A materialman

E. V. Construction Co. v. Newman

418 So. 2d 291, 1982 Fla. App. LEXIS 20612

District Court of Appeal of Florida | Filed: Jul 13, 1982 | Docket: 64591761

Published

06(2)(a), Fla.Stat. (1979). We conclude that Section 713.05, which requires no such notice, is instead

W. N. Robbins Electric, Inc. v. Intercontinental Group, Inc.

374 So. 2d 21, 1979 Fla. App. LEXIS 15619

District Court of Appeal of Florida | Filed: Jul 3, 1979 | Docket: 64571562

Published

A complaint alleging a claim of lien under Section 713.05, Florida Statutes (1977), while not requiring