Florida Statutes
Fla. Stat. § 713.14 (2025)
Application of money to materials account.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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713.14 Application of money to materials account.—
(1) Any owner, contractor, subcontractor, or sub-subcontractor, in making any payment under, or properly applicable to, any contract to one with whom she or he has a running account, or with whom she or he has more than one contract, or to whom she or he is otherwise indebted, shall designate the contract under which the payment is made or the items of account to which it is to be applied. If she or he shall fail to do so or shall make a false designation, she or he shall be liable to anyone suffering a loss in consequence for the amount of the loss.
(2) When a payment for materials is made to a subcontractor, sub-subcontractor, or materialman, the subcontractor, sub-subcontractor, or materialman shall demand of the person making the payment a designation of the account and the items of account to which the payment is to apply. In any case in which a lien is claimed for materials furnished by a subcontractor, sub-subcontractor, or materialman, it is a defense to the claim, to the extent of the payment made, to prove that a payment made by the owner to the contractor for the materials has been paid over to the subcontractor, sub-subcontractor, or materialman, and to prove also that when such payment was received by such subcontractor, sub-subcontractor, or materialman she or he did not demand a designation of the account and of the items of account to which the payment was to be applied or, receiving a designation of its application to the account for the materials, she or he failed to apply the payment in accordance therewith. This subsection is cumulative to any other defenses available to the person paying the materialman, subcontractor, or sub-subcontractor.
History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 7, ch. 77-353; s. 9, ch. 90-109; s. 808, ch. 97-102.
Note.—Former s. 84.141.
Notes of Decisions
Cited in 2
cases, 1989–2002 · leading case: Behm v. Cape Lumber Co., 834 So. 2d 285 (Fla. 2d DCA 2002).
Behm v. Cape Lumber Co., 834 So. 2d 285 (Fla. 2d DCA 2002). “The Behms contended that the requested discovery would reveal whether the builder's checks or other documents contained designations as required under section 713.14, Florida Statutes (1997), identifying the items and projects for which the payments were being made.”
Arlington Lumber & Trim Co. v. Vaughn, 548 So. 2d 727 (Fla. 1st DCA 1989). “Vaughn also asserted the affirmative defense that appellant was barred from recovery because appellant failed to demand a designation of account pursuant to section 713.14 upon later payments made by Riggs.”
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