Florida Statutes
Fla. Stat. § 713.07 (2025)
Priority of liens.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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713.07 Priority of liens.—
(1) Liens under ss. 713.03 and 713.04 shall attach at the time of recordation of the claim of lien and shall take priority as of that time.
(2) Liens under ss. 713.05 and 713.06 shall attach and take priority as of the time of recordation of the notice of commencement, but in the event a notice of commencement is not filed, then such liens shall attach and take priority as of the time the claim of lien is recorded.
(3) All such liens shall have priority over any conveyance, encumbrance or demand not recorded against the real property prior to the time such lien attached as provided herein, but any conveyance, encumbrance or demand recorded prior to the time such lien attaches and any proceeds thereof, regardless of when disbursed, shall have priority over such liens.
(4) If construction ceases or the direct contract is terminated before completion and the owner desires to recommence construction, he or she may pay all lienors in full or pro rata in accordance with s. 713.06(4) prior to recommencement in which event all liens for the recommenced construction shall take priority from such recommencement; or the owner may record an affidavit in the clerk’s office stating his or her intention to recommence construction and that all lienors giving notice have been paid in full except those listed therein as not having been so paid in which event 30 days after such recording, the rights of any person acquiring any interest, lien, or encumbrance on said property or of any lienor on the recommenced construction shall be paramount to any lien on the prior construction unless such prior lienor records a claim of lien within said 30-day period. A copy of said affidavit shall be served on each lienor named therein. Before recommencing, the owner shall record and post a notice of commencement for the recommenced construction, as provided in s. 713.13.
History.—s. 1, ch. 63-135; s. 6, ch. 65-456; s. 35, ch. 67-254; s. 804, ch. 97-102; s. 6, ch. 2007-221.
Note.—Former s. 84.071.
Notes of Decisions
Cited in 30
cases (1 in the last 5 years), 1974–2022 · leading case: Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011).
Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011). “§ 713.07(2), Fla. Stat. A notice of commencement may be terminated only after completion of construction, or if construction ceases before completion, after all lienors have been paid in full or pro rata in accordance with section 713.”
Florida Wood Servs., Inc. v. Osprey Links Jt. Venture, 720 So. 2d 591 (Fla. 5th DCA 1998). “Osprey then attempted to invoke the Notice of Recommencement provisions of Section 713.07(4), Florida Statutes (1995), by recording in the pubKc records an “Affidavit of Partial Abandonment and Intent to Recommence Construction” and a “Notice of Partial Commencement” relating…”
City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013). “(2004) (providing superior lien priority for condominium assessments); § 713.07(2), Fla. Stat. (2004) (providing lien priority for construction liens).”
Allison on the Ocean v. Paul's Carpet, 479 So. 2d 188 (Fla. 3d DCA 1985). “See § 713.07(2), Fla. Stat. (1983). Its judgment lien attached August 25, 1983, when it was recorded in the official records.”
Tamarac Vill., Inc. v. Bates & Daly Co., 348 So. 2d 23 (Fla. 4th DCA 1977). “In addition, we hold that Tamarac's failure to file a notice of re-commencement as required by Section 713.07(2), Florida Statutes (1973), rendered the payments Tamarac made to complete the project also improper payments.”
FLORIDA STEEL v. Adaptable Developments, 503 So. 2d 1232 (Fla. 1986). “[4] § 713.07(4) states: If construction ceases before completion and the owner desires to recommence construction, he may pay all lienors in full or pro rata in accordance with s.”
Zaleznik v. Gulf Coast Roofing Co., Inc., 576 So. 2d 776 (Fla. 2d DCA 1991). “On August 14, 1987, the day the Zalezniks received Monarch's notice of abandonment, they recorded an owner's affidavit of intention to recommence construction and a notice of recommencement pursuant to section 713.07(4), Florida Statutes (1985).”
Foy v. Mangum, 528 So. 2d 1331 (Fla. 5th DCA 1988). “22(1), [1] Florida Statutes (1983), bars Foy's claim under the mechanic's lien statute because he filed his foreclosure suit more than one year after filing his original claim of lien, although his suit was filed within one year after filing an amended claim, pursuant to section…”
In Re Cont'l Country Club, Inc., 64 B.R. 177 (Bankr. M.D. Fla. 1986). “F.S.A. § 713.07(1). A lien based on Florida Statute § 713.”
Sarasota Com. Refrigeration v. Schooley, 381 So. 2d 1141 (Fla. 2d DCA 1980). “In this affidavit, as required by Section 713.07(4), Florida Statutes, lienors who had not been paid in full were listed.”
Cleveland Trust Co. v. Ousley Sod Co., 351 So. 2d 58 (Fla. 4th DCA 1977). “Ousley Sod Company says that its claim of lien "relates back" to the notice of commencement under Section 713.07(2), Florida Statutes (1975).”
United of Fla., Inc. v. Illini Fed. S. & L. Ass'n, 341 So. 2d 793 (Fla. 2d DCA 1977). “Appellees then point to Section 713.07(2), Florida Statutes, which provides that in the event a notice of commencement is not filed, a mechanics lien does not attach until it is recorded.”
— 713.07(1) — 2 cases
Baumgartner Const. Co., Inc. v. Harrell, 364 So. 2d 802 (Fla. 1st DCA 1978).
In Re Cont'l Country Club, Inc., 64 B.R. 177 (Bankr. M.D. Fla. 1986). “F.S.A. § 713.07(1). A lien based on Florida Statute § 713.”
— 713.07(2) — 16 cases
City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013). “(2004) (providing superior lien priority for condominium assessments); § 713.07(2), Fla. Stat. (2004) (providing lien priority for construction liens).”
Allison on the Ocean v. Paul's Carpet, 479 So. 2d 188 (Fla. 3d DCA 1985). “See § 713.07(2), Fla. Stat. (1983). Its judgment lien attached August 25, 1983, when it was recorded in the official records.”
Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011). “§ 713.07(2), Fla. Stat. A notice of commencement may be terminated only after completion of construction, or if construction ceases before completion, after all lienors have been paid in full or pro rata in accordance with section 713.”
Cleveland Trust Co. v. Ousley Sod Co., 351 So. 2d 58 (Fla. 4th DCA 1977). “Ousley Sod Company says that its claim of lien "relates back" to the notice of commencement under Section 713.07(2), Florida Statutes (1975).”
United of Fla., Inc. v. Illini Fed. S. & L. Ass'n, 341 So. 2d 793 (Fla. 2d DCA 1977). “Appellees then point to Section 713.07(2), Florida Statutes, which provides that in the event a notice of commencement is not filed, a mechanics lien does not attach until it is recorded.”
— 713.07(3) — 4 cases
In Re Cont'l Country Club, Inc., 64 B.R. 177 (Bankr. M.D. Fla. 1986). “F.S.A. § 713.07(1). A lien based on Florida Statute § 713.”
Page Heating & Cooling v. Goldmar Homes, Inc., 338 So. 2d 265 (Fla. 1st DCA 1976).
Corry Const. Co. v. Hector Const. Companies, Inc., 363 So. 2d 1125 (Fla. 1st DCA 1978).
Adamson v. First Fed. Sav. & Loan Ass'n of Andalusia, 519 So. 2d 1036 (Fla. 1st DCA 1988).
— 713.07(4) — 10 cases
Florida Wood Servs., Inc. v. Osprey Links Jt. Venture, 720 So. 2d 591 (Fla. 5th DCA 1998). “Osprey then attempted to invoke the Notice of Recommencement provisions of Section 713.07(4), Florida Statutes (1995), by recording in the pubKc records an “Affidavit of Partial Abandonment and Intent to Recommence Construction” and a “Notice of Partial Commencement” relating…”
FLORIDA STEEL v. Adaptable Developments, 503 So. 2d 1232 (Fla. 1986). “[4] § 713.07(4) states: If construction ceases before completion and the owner desires to recommence construction, he may pay all lienors in full or pro rata in accordance with s.”
Zaleznik v. Gulf Coast Roofing Co., Inc., 576 So. 2d 776 (Fla. 2d DCA 1991). “On August 14, 1987, the day the Zalezniks received Monarch's notice of abandonment, they recorded an owner's affidavit of intention to recommence construction and a notice of recommencement pursuant to section 713.07(4), Florida Statutes (1985).”
Foy v. Mangum, 528 So. 2d 1331 (Fla. 5th DCA 1988). “22(1), [1] Florida Statutes (1983), bars Foy's claim under the mechanic's lien statute because he filed his foreclosure suit more than one year after filing his original claim of lien, although his suit was filed within one year after filing an amended claim, pursuant to section…”
Sarasota Com. Refrigeration v. Schooley, 381 So. 2d 1141 (Fla. 2d DCA 1980). “In this affidavit, as required by Section 713.07(4), Florida Statutes, lienors who had not been paid in full were listed.”
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