Florida Statute 713.15 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

View Entire Chapter

F.S. 713.15

713.15 Repossession of materials not used.—If for any reason the completion of an improvement is abandoned or though the improvement is completed, materials delivered are not used therefor, a person who has delivered materials for the improvement which have not been incorporated therein and for which he or she has not received payment may peaceably repossess and remove such materials or replevy the same and thereupon he or she shall have no lien on the real property or improvements and no right against any persons for the price thereof, but shall have the same rights in regard to the materials as if he or she had never parted with their possession. This right to repossess and remove or replevy the materials shall not be affected by their sale, encumbrance, attachment, or transfer from the site of improvement, except that if the materials have been so transferred, the right to repossess or replevy them shall not be effective as against a purchaser or encumbrancer thereof in good faith whose interest therein is acquired after such transfer from the site of the improvement or as against a creditor attaching after such transfer. The right of repossession and removal given by this section shall extend only to materials whose purchase price does not exceed the amount remaining due to the person repossessing but where materials have been partly paid for, the person delivering them may repossess them as allowed in this section on refunding the part of the purchase price which has been paid.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 809, ch. 97-102.

Note.—Former s. 84.151.

F.S. 713.15 on Google Scholar

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Amendments to 713.15

Annotations, Discussions, Cases:

Cases Citing Statute 713.15

Total Results: 6

General Elec. Co. v. Atlantic Shores, Inc.

436 So. 2d 974, 1983 Fla. App. LEXIS 22768

District Court of Appeal of Florida | Filed: Jul 28, 1983 | Docket: 1339981

Cited 3 times | Published

section 78.01, Florida Statutes (1981). See also § 713.15, Fla. Stat. (1981). On the other hand, if, at

Associated Hous. Corp. v. KELLER BLDG. PRODUCTS

335 So. 2d 362

District Court of Appeal of Florida | Filed: Jul 19, 1976 | Docket: 1306236

Cited 3 times | Published

plaintiff should have pursued its remedy under F.S. 713.15 as part of its duty to mitigate damages.[1] The

National Steel Products Co. v. DONALD L. MYRICK, ETC.

353 So. 2d 657

District Court of Appeal of Florida | Filed: Dec 28, 1977 | Docket: 53391

Cited 2 times | Published

specific statutory right of replevin granted by Section 713.15, Florida Statutes (1975), "Repossession of

Le Dauphin Condominium Ass'n v. Groundworks of Palm Beach County, Inc.

719 So. 2d 13, 1998 Fla. App. LEXIS 11852, 1998 WL 640319

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64783486

Published

occurred in the course of these transactions under section 713.15, Florida Statutes (1993). No such entitlement

Nixon v. Davis Water & Waste Industries, Inc. (In re D.R. Goris Plumbing, Inc.)

49 B.R. 146, 1985 Bankr. LEXIS 6290

United States Bankruptcy Court, M.D. Florida | Filed: Apr 18, 1985 | Docket: 65778891

Published

possessed a perfected statutory lien as provided by § 713.15 Fla.Stat. (Florida Mechanics Lien Law); that Davis

Florida Federal Savings & Loan Ass'n v. Britt's, Inc.

455 So. 2d 1345, 9 Fla. L. Weekly 2099, 1984 Fla. App. LEXIS 15234

District Court of Appeal of Florida | Filed: Sep 27, 1984 | Docket: 64606867

Published

judgment allowing Britt’s Inc., pursuant to section 713.15, Florida Statutes (1983), to repossess certain