Florida Statute 713.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

View Entire Chapter

F.S. 713.08

713.08 Claim of lien.—

(1) For the purpose of perfecting her or his lien under this part, every lienor, including laborers and persons in privity, shall record a claim of lien which shall state:

(a) The name of the lienor and the address where notices or process under this part may be served on the lienor.

(b) The name of the person with whom the lienor contracted or by whom she or he was employed.

(c) The labor, services, or materials furnished and the contract price or value thereof. Materials specially fabricated at a place other than the site of the improvement for incorporation in the improvement but not so incorporated and the contract price or value thereof shall be separately stated in the claim of lien.

(d) A description of the real property sufficient for identification.

(e) The name of the owner.

(f) The time when the first and the last item of labor or service or materials was furnished.

(g) The amount unpaid the lienor for such labor or services or materials and for unpaid finance charges due under the lienor’s contract.

(h) If the lien is claimed by a person not in privity with the owner, the date and method of service of the notice to owner. If the lien is claimed by a person not in privity with the contractor or subcontractor, the date and method of service of the copy of the notice on the contractor or subcontractor.

(2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.

(3) The claim of lien shall be sufficient if it is in substantially the following form, and includes the following warning:

WARNING!

THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.

CLAIM OF LIEN

State of

County of

Before me, the undersigned notary public, personally appeared , who was duly sworn and says that she or he is (the lienor herein) (the agent of the lienor herein ), whose address is ; and that in accordance with a contract with , lienor furnished labor, services, or materials consisting of on the following described real property in County, Florida:

(Legal description of real property)

owned by of a total value of $ , of which there remains unpaid $ , and furnished the first of the items on , (year) , and the last of the items on , (year) ; and (if the lien is claimed by one not in privity with the owner) that the lienor served her or his notice to owner on , (year) , by ; and (if required) that the lienor served copies of the notice on the contractor on , (year) , by and on the subcontractor, , on , (year) , by .

(Signature)

Sworn to (or affirmed) and subscribed before me this day of , (year) , by (name of person making statement) .

(Signature of Notary Public - State of Florida)

(Print, Type, or Stamp Commissioned Name of Notary Public)

Personally Known OR Produced Identification

Type of Identification Produced

However, the negligent inclusion or omission of any information in the claim of lien which has not prejudiced the owner does not constitute a default that operates to defeat an otherwise valid lien.

(4)(a) The omission of any of the foregoing details or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error.

(b) Any claim of lien recorded as provided in this part may be amended at any time during the period allowed for recording such claim of lien, provided that such amendment shall not cause any person to suffer any detriment by having acted in good faith in reliance upon such claim of lien as originally recorded. Any amendment of the claim of lien shall be recorded in the same manner as provided for recording the original claim of lien.

(c) The claim of lien shall be served on the owner. Failure to serve any claim of lien in the manner provided in s. 713.18 before recording or within 15 days after recording shall render the claim of lien voidable to the extent that the failure or delay is shown to have been prejudicial to any person entitled to rely on the service.

(5) The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor. However, if the original contract is terminated under s. 713.07(4), a claim for a lien attaching prior to such termination may not be recorded after 90 days following the date of such termination or 90 days after the final furnishing of labor, services, or materials by the lienor, whichever occurs first. The claim of lien shall be recorded in the clerk’s office. If such real property is situated in two or more counties, the claim of lien shall be recorded in the clerk’s office in each of such counties. The recording of the claim of lien shall be constructive notice to all persons of the contents and effect of such claim. The validity of the lien and the right to record a claim therefor shall not be affected by the insolvency, bankruptcy, or death of the owner before the claim of lien is recorded.

History.—s. 1, ch. 63-135; s. 7, ch. 65-456; s. 35, ch. 67-254; s. 6, ch. 77-353; s. 5, ch. 80-97; s. 4, ch. 92-286; s. 3, ch. 96-383; s. 1765, ch. 97-102; s. 13, ch. 98-246; s. 4, ch. 99-386; s. 4, ch. 2003-177; s. 8, ch. 2005-227; s. 7, ch. 2007-221.

Note.—Former s. 84.081.

F.S. 713.08 on Google Scholar

F.S. 713.08 on Casetext

Amendments to 713.08

Arrestable Offenses / Crimes under Fla. Stat. 713.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.08.

Annotations, Discussions, Cases:

Cases Citing Statute 713.08

Total Results: 20

JON M. HALL COMPANY, LLC v. CANOE CREEK INVESTMENTS, LLC, NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC, AND MML II, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-12T00:00:00-07:00

Snippet: analysis of sections 713.22 and 713.24, section 713.08(4)(b) states that claims of lien "may be amended

GARY PASH, Trustee of the HEBERT AND MINNIE PASCH FAMILY TRUST DATED MAY 12, 1996, etc. v. MAHOGANY WAY HOMEOWNERS ASSOC. INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-26T23:53:00-08:00

Snippet: to that of the mechanics lien statute in section 713.08(3), Florida Statutes (2018) (“[T]he negligent inclusion…as there is in the mechanics lien statute. See § 713.08(4)(a), Fla. Stat. (2018). The mechanics lien statute… operates to defeat an otherwise valid lien.” § 713.08(3), Fla. Stat. (2018). When the Legislature intends

FETTIG'S CONSTRUCTION, INC. v. PARADISE PROPERTIES & INTERIORS "LLC"

Court: Fla. Dist. Ct. App. | Date Filed: 2020-11-03T23:53:00-08:00

Snippet: not properly served in accordance with section 713.08, Florida Statutes (2019). Specifically, neither…Indian River County Property Appraiser. Section 713.08 governs the filing of claims of lien for construction…as to the delivery of the claim of lien, section 713.08(4)(c) provides that failure to timely serve the

FETTIG'S CONSTRUCTION, INC. v. PARADISE PROPERTIES & INTERIORS "LLC"

Court: Fla. Dist. Ct. App. | Date Filed: 2020-08-12T00:53:00-07:00

EARL T. SHANNON, ETC. v. H & R HYDRO-PULL, INC., d/b/a H & R POWER SYSTEMS, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-25T00:00:00-07:00

Citation: 230 So. 3d 1251

Snippet: furnishing of labor, services, or materials. See § 713.08(5), Fla. Stat, (2008). The facts on summary judgment

Best Drywall Services, Inc. v. Blaszczyk

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-26T00:00:00-07:00

Citation: 207 So. 3d 271, 2016 Fla. App. LEXIS 15865

Snippet: October 7, 2010, exactly ninety days prior. See § 713.08(5), Fla. Stat. (2010) (requiring that a claim of…allegation that the lien was timely filed under section 713.08(5). The trial court found that Smith’s testimony…outside the ninety-day filing window of section 713.08(5), he also testified that the work was completed

Village at Dolphin Commerce Center, LLC v. Construction Service Solutions, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-21T00:00:00-07:00

Citation: 143 So. 3d 942

Snippet: means of enforcing the arbitrator’s award. See §§ 713.08, 713.21, Fla. Stat. (2009).” See also, McDaniel

Premier Finishes, Inc. v. Maggirias

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-15T00:00:00-08:00

Citation: 130 So. 3d 238

Snippet: clear by way of the initial pleadings.3 Section 713.08(4)(b) permits the amendment of a claim of lien …amending the claim of lien, we must address section 713.08(4)(a), which provides that “[t]he omission of any…furnishing of the labor or services or materials.” § 713.08(5). It is undisputed that the work was completed…completed in February 2012. . See generally § 713.08(1)-(3). No. 2D13-1340 District Court of Appeal

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-05T00:00:00-07:00

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

Snippet: adversely affected by such omission or error.’ § 713.08(4)(a).”); see also Stunkel v. Gazebo Landscaping

SAM RODGERS PROPERTIES, INC. v. Chmura

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-27T00:00:00-07:00

Citation: 61 So. 3d 432

Snippet: thereby rendering it fraudulent. Under section 713.08(5), Florida Statutes (2006), a claim of lien must…adversely affected by such omission or error." § 713.08(4)(a). In rejecting the amended claim of lien,

ROYAL PALM COLLECTION, INC. v. Lewis

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-02T00:00:00-07:00

Citation: 36 So. 3d 168

Snippet: of enforcing the arbitrator's award. See §§ 713.08, 713.21, Fla. Stat. (2009); Mills v. Robert W.

Zupnik Haverland, L.L.C. v. Current Builders of Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-11T00:00:00-07:00

Citation: 7 So. 3d 1132

Snippet: and DAMOORGIAN, JJ., concur. NOTES [1] Section 713.08, Florida Statutes, provides that a claim of lien

Trytek v. Gale Industries, Inc.

Court: Fla. | Date Filed: 2009-02-26T00:00:00-08:00

Citation: 3 So. 3d 1194

Snippet: part of the "claim of lien." §§ 713.08(1)(c),(g), 713.08(3), Fla. Stat. (2005). This also comports…disregards the fact that a claim of lien under section 713.08, Florida Statutes (2005), requires that the "

Trytek v. Gale Industries, Inc.

Court: Fla. | Date Filed: 2008-12-10T23:53:00-08:00

Citation: 997 So. 2d 365

JSL Const. Co. v. Levy

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-22T00:00:00-07:00

Citation: 994 So. 2d 394

Snippet: exaggerated." Second, the lien was timely. Section 713.08(5) of the Florida Statutes provides that a "

Trintec Const., Inc. v. COUNTRYSIDE VILL. CONDO., ASS'N, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-03T00:53:00-07:00

Citation: 992 So. 2d 277

Snippet: 718.121, Florida Statutes (2006), versus section 713.08, Florida Statutes (2006), the mechanic's lien…actual claim of lien filed by Trintec. Sections 713.08(1)(d) and (e) specify that a recorded claim of …representative identified in the contract. Section 713.08(4)(a) provides that an omission or error within…any such adverse effect in this case.[3] Section 713.08(4)(b) permits the amendment of a lien "during…trial court discharged Trintec's lien. Section 713.08(4)(c) directs that a claim of lien "shall

Langley v. Knowles

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-29T00:53:00-07:00

Citation: 958 So. 2d 1149

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

Delta Fire Sprinklers v. ONEBEACON INS.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-04T00:53:00-07:00

Citation: 937 So. 2d 695

Snippet: (Fla. 4th DCA 1995). Thus, for example, section 713.08(5), Florida Statutes, requires a claim of lien …work constitutes a final furnishing under section 713.08(5), is whether the work was done in good faith,

Pierson D. Construction, Inc. v. Yudell

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-31T00:00:00-08:00

Citation: 863 So. 2d 413

Snippet: against an owner is recorded pursuant to section 713.08, Florida Statutes (2000), the lien is valid for

Michnal v. Palm Coast Development, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-11T23:53:00-08:00

Citation: 842 So. 2d 927

Snippet: Palm Coast's lien had been timely filed. § 713.08(5), Fla. Stat. (2000)(lien must be filed within… lien was timely filed within the meaning of s. 713.08(5). Since Palm Coast's lien claim was held …constituted "final furnishings" under s. 713.08(5). A hearing on attorneys' fees was held in…untimely, and hence the lien is unenforceable. See § 713.08(5), Fla. Stat. (1997); Stunkel v. Gazebo Landscaping…constitutes a "final furnishing" under s. 713.08(5) is whether the work was done in good faith,