Florida Statute 713.05 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 713.05

Arrestable Offenses / Crimes under Fla. Stat. 713.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.05.

Annotations, Discussions, Cases:

Cases Citing Statute 713.05

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2024-07-03

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2021-10-20

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2020-05-27

Snippet: are included within the lien created by section 713.05.” Parsons v. Whitaker Plumbing of Boca Raton, Inc

Premier Finishes, Inc. v. Maggirias

Court: District Court of Appeal of Florida | Date Filed: 2013-11-15

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2013-03-27

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

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

Stock Building Supply of Florida, Inc. v. Soares Da Costa Construction Services, LLC

Court: District Court of Appeal of Florida | Date Filed: 2011-10-05

Citation: 76 So. 3d 313, 2011 Fla. App. LEXIS 15728, 2011 WL 4578320

Snippet: Fla. Stat. (2005). Liens arising under sections 713.05 and 713.06,2 Florida Statutes, attach and take

Medellin v. MLA Consulting, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-09-16

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

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

Thompson v. TREISER, COLLINS & VERNON

Court: District Court of Appeal of Florida | Date Filed: 2010-01-15

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

Snippet: The claim of lien was filed pursuant to section 713.05, Florida Statutes (1997), which allows for the

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-09-18

Citation: 19 So. 3d 417, 2009 Fla. App. LEXIS 13788, 2009 WL 2972478

Snippet: was rejected by this court. See Smith, 963 So.2d 713. [5] We acknowledge that subsequent to the completion

Rivera v. Hammer Head Construction & Development

Court: District Court of Appeal of Florida | Date Filed: 2009-06-19

Citation: 14 So. 3d 1190, 2009 Fla. App. LEXIS 9363, 2009 WL 1703235

Snippet: reasons discussed hereafter, we affirm. Sections 713.05 and 713.06(3)(d), Florida Statutes (2008), provide

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

Court: District Court of Appeal of Florida | Date Filed: 2008-06-02

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

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

Langley v. Knowles

Court: District Court of Appeal of Florida | Date Filed: 2007-06-29

Citation: 958 So. 2d 1149, 2007 WL 1852120

Snippet: ORFINGER, M., Senior Judge, concur. NOTES [1] §§ 713.05, 713.08, Fla. Stat. (2004). [2] § 713.31, Fla

Thompson v. Jared Kane Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-04-23

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

Snippet: The claim of lien was filed pursuant to section 713.05, Florida Statutes (1997), which allows for the

Parsons v. Whitaker Plumbing of Boca Raton, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1999-12-29

Citation: 751 So. 2d 655, 1999 WL 1259942

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 1999-11-17

Citation: 743 So. 2d 1223, 1999 WL 1037967

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

Onionskin, Inc. v. DeCiccio

Court: District Court of Appeal of Florida | Date Filed: 1998-09-25

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

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

Metal Foam Industries, Inc. v. Watson

Court: District Court of Appeal of Florida | Date Filed: 1998-08-14

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

Snippet: 06(2), Florida Statutes (1995), because section 713.05, Florida Statutes (1995), provides that a lienor

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

Court: District Court of Appeal of Florida | Date Filed: 1998-07-01

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1996-01-31

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

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

Viyella Co. v. Gomes

Court: District Court of Appeal of Florida | Date Filed: 1995-07-19

Citation: 657 So. 2d 83, 1995 WL 421876

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