Florida Statute 713.14 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

View Entire Chapter

F.S. 713.14

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.

F.S. 713.14 on Google Scholar

F.S. 713.14 on Casetext

Amendments to 713.14

Arrestable Offenses / Crimes under Fla. Stat. 713.14

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.14.

Annotations, Discussions, Cases:

Cases Citing Statute 713.14

Total Results: 20

Eddie Howard Richardson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-30T00:00:00-07:00

Snippet: that were presented to the trial court. Id. at 713–14. 2 The supreme court went on to state that requiring

SAMANTHA KING v. YONATHAN ARENAS ESCOBAR

Court: Fla. Dist. Ct. App. | Date Filed: 2022-12-13T23:53:00-08:00

Snippet: see also Ludwigsen v. Ludwigsen, 313 So. 3d 709, 713–14 (Fla. 2d DCA 2020) (an order that fails to contain

Jeffrey Alan Mackey v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-14T00:53:00-07:00

Snippet: evidence of a crime. Pope v. State, 679 So. 2d 710, 713-14 (Fla. 1996). Here, the video evidence of the exhumation

D.M., etc. v. M.D., etc.

Court: Fla. | Date Filed: 2019-06-06T00:00:00-07:00

Citation: 272 So. 3d 1229

Snippet: their absence. *1231D.M. v. M.D. , 247 So. 3d 713, 713-14 (Fla. 5th DCA 2018) (footnote omitted). The Fifth

John William Campbell v. State of Florida & SC18-260 John William Campbell v. Julie L. Jones, etc.

Court: Fla. | Date Filed: 2018-11-29T00:00:00-08:00

Citation: 271 So. 3d 914

Snippet: ;s death); Pope , 679 So.2d at 713-14 (autopsy photographs were relevant to illustrate

Black Point Assets, Inc. v. Ventures Trust 2013-I-H-R

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-05T00:00:00-08:00

Citation: 236 So. 3d 1134

Snippet: Cf. In re Guardianship of Ansley, 94 So.3d 711, 713-14 (Fla. 2d DCA 2012) (concluding that where the amount

John Sexton v. State of Florida

Court: Fla. | Date Filed: 2017-06-29T00:00:00-07:00

Citation: 221 So. 3d 547, 42 Fla. L. Weekly Supp. 713, 2017 WL 2806993, 2017 Fla. LEXIS 1431

Snippet: challenged photographs. See Pope, 679 So. 2d at 713-14 (finding no abuse of discretion in admission of

John Thomas Gotro, Former Husband v. Catherine Suzanne Gotro, Former Wife

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-05T00:00:00-07:00

Citation: 218 So. 3d 494, 2017 Fla. App. LEXIS 6405

Snippet: life insurance policy. Therriault, 102 So.3d at 713-14. The amount of insurance must also be related to

Kenneth R. Jackson v. State of Florida

Court: Fla. | Date Filed: 2017-03-23T00:00:00-07:00

Citation: 213 So. 3d 754, 42 Fla. L. Weekly Supp. 361, 2017 WL 1090546, 2017 Fla. LEXIS 648

Snippet: the trial. Compare Cox v. State, 819 So. 2d 705, 713- 14 (Fla. 2002) (finding no abuse of discretion by

& SC12-2465 Brett A. Bogle v. State of Florida & Brett A. Bogle v. Julie L. Jones, etc.

Court: Fla. | Date Filed: 2017-02-09T00:00:00-08:00

Citation: 213 So. 3d 833

Snippet: victim’s] injuries.” Pope v. State, 679 So. 2d 710, 713-14 (Fla. 1996). The admission of the photographs is

& SC15-1630 Leonardo Franqui v. State of Florida & Leonardo Franqui v. State of Florida

Court: Fla. | Date Filed: 2017-01-26T00:00:00-08:00

Citation: 211 So. 3d 1026

Snippet: need not be addressed. See Cherry, 959 So.2d at 713-14. It appears that during the evidentiary hearing

Jimmie B. Ketcher, Husband v. Deirdre E. Ketcher, Wife

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-27T00:00:00-07:00

Citation: 188 So. 3d 991, 2016 WL 1660620, 2016 Fla. App. LEXIS 6432

Snippet: See Therriault v. Therriault, 102 So.3d 711, 713-14 (Fla. 1st DCA 2012). Here, although the balance

Timothy W. Fletcher v. State of Florida

Court: Fla. | Date Filed: 2015-06-25T00:00:00-07:00

Citation: 168 So. 3d 186, 40 Fla. L. Weekly Supp. 366, 2015 Fla. LEXIS 1387

Snippet: reversal. See Cox v. State, 819 So.2d 705, 713-14 (Fla.2002); see also Ferguson v. State,

Dingle v. Dellinger

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-07T00:00:00-08:00

Citation: 134 So. 3d 484, 2014 WL 470679, 2014 Fla. App. LEXIS 1612

Snippet: as a result of professional negligence. Id. at 713-14 (internal citations, omitted); see Speedee Oil

Victorino v. State

Court: Fla. | Date Filed: 2013-10-10T00:00:00-07:00

Citation: 127 So. 3d 478, 2013 WL 5567079

Snippet: the jury.” See also Pope v. State, 679 So.2d 710, 713-14 (Fla.1996) (concluding that photographs of the

University of Miami v. Great American Assurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-20T00:00:00-08:00

Citation: 112 So. 3d 504, 2013 WL 616156, 2013 Fla. App. LEXIS 2600

Snippet: far as their joint defense is concerned.” Id. at 713-14, 152 Cal.Rptr. 776. In this case, there was neither…far as their joint defense is concerned. Id. at 713-14, 152 CaLRptr. 776 (emphasis added). As to the bad

State v. Hannah

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-02T00:00:00-07:00

Citation: 98 So. 3d 226, 2012 WL 4490869, 2012 Fla. App. LEXIS 16492

Snippet: located the man lying on his back in a yard. Id. at 713-14. That person was transported to the scene of the

Cevallos v. Rideout

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-09T00:00:00-07:00

Citation: 18 So. 3d 661, 2009 Fla. App. LEXIS 13179, 2009 WL 2871592

Snippet: Pierce v. Progressive Am. Ins. Co., 582 So.2d 712, 713-14 (Fla. 5th DCA 1991) (en banc). More importantly

Green Tree Servicing, LLC v. McLeod

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-26T00:00:00-07:00

Citation: 15 So. 3d 682, 2009 Fla. App. LEXIS 8763, 2009 WL 1811554

Snippet: Grande Charters, Inc. v. Moran, 704 So.2d 710, 713-14 (Fla. 5th DCA 1998); Winter v. Arvida Corp., 404

CHAPINOFF v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-11T00:00:00-08:00

Citation: 2 So. 3d 1080, 2009 Fla. App. LEXIS 1044, 2009 WL 321566

Snippet: 620 So.2d 1234 (Fla.1993); Williams, 90 So.2d at 713-14; Rohr v. State, 916 So.2d 1002 (Fla. 2d DCA 2006… F.2d 1061 (2d Cir.1973); Williams, 90 So.2d at 713-14; Rohr, 916 So.2d at 1003; Perkins, 608 So.2d at