Florida Statute 713.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

View Entire Chapter

F.S. 713.12

713.12 Liens for improving real property under contract with husband or wife on property of the other or of both.—When the contract for improving real property is made with a husband or wife who is not separated and living apart from his or her spouse and the property is owned by the other or by both, the spouse who contracts shall be deemed to be the agent of the other to the extent of subjecting the right, title, or interest of the other in said property to liens under this part unless such other shall, within 10 days after learning of such contract, give the contractor and record in the clerk’s office, notice of his or her objection thereto.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254.

Note.—Former s. 84.121.

F.S. 713.12 on Google Scholar

F.S. 713.12 on Casetext

Amendments to 713.12

Arrestable Offenses / Crimes under Fla. Stat. 713.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.12.

Annotations, Discussions, Cases:

Cases Citing Statute 713.12

Total Results: 7

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-20T00:53:00-07:00

Snippet: provides: (1) Except as provided in s. 713.12,[2] a lien under this part shall extend …the trial judge. 2 Inapplicable here, section 713.12 is titled: Liens for improving real property under

Mullne v. Sea-Tech Construction, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-18T00:00:00-07:00

Citation: 84 So. 3d 1247

Snippet: liability, pursuant to section 713.12. This argument *1250fails because section 713.12 does not impose personal…foreclosure of the construction lien under section 713.12, Florida Statutes (2009), amounted to an “ambush…. 5th DCA 2002) (emphasis added). Under section 713.12, if one spouse enters into a contract for improvements…one spouse and the couple is not living apart. § 713.12, Fla. Stat. (2009). However, this statute “reaches

14TH & HEINBERG, LLC v. Henricksen & Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-03T00:53:00-07:00

Citation: 877 So. 2d 34

Snippet: liens," provides: Except as provided in s. 713.12, a lien under this part shall extend to, and only

Sasso Air Conditioning, Inc. v. United Companies Lending Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-22T00:00:00-07:00

Citation: 742 So. 2d 468

Snippet: office .... ” (Emphasis added). Moreover, section 713.12 provides that when a contract for improving property

Water & Sewer Utility Construction, Inc. v. Dulaney

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-25T00:00:00-07:00

Citation: 653 So. 2d 1127

Snippet: property were not named. §§ 713.08(4)(a), 713.10, 713.12, Fla. Stat. (1993). Accordingly, the summary final

Edward L. Nezelek, Inc. v. FOOD FAIR PROP. AGCY., INC.

Court: Fla. Dist. Ct. App. | Date Filed: 1975-03-11T00:53:00-07:00

Citation: 309 So. 2d 219

Snippet: 713.10 Extent of liens. Except as provided in § 713.12, liens under part I of this chapter shall extend

Starke v. State

Court: Fla. | Date Filed: 1905-01-15T00:00:00-08:00

Citation: 49 Fla. 41

Snippet: Wallace v. State, 41 Fla. 547, 26 South. Rep. 713, 12 Cyc. 930. In another charge excepted to and assigned