Florida Statute 713.15 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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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

F.S. 713.15 on Casetext

Amendments to 713.15

Arrestable Offenses / Crimes under Fla. Stat. 713.15

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.15.

Annotations, Discussions, Cases:

Cases Citing Statute 713.15

Total Results: 9

Henry v. State

Court: Supreme Court of Florida | Date Filed: 2007-01-25

Citation: 948 So. 2d 609, 2006 WL 2883172

Snippet: in the case"); Gamble v. State, 877 So.2d 706, 713-15 (Fla. 2004) (holding that defense counsel conceding

Alvarez v. Crosby

Court: District Court of Appeal of Florida | Date Filed: 2005-07-13

Citation: 907 So. 2d 1231, 2005 Fla. App. LEXIS 10808, 2005 WL 1631087

Snippet: claimed by defendant-appellant Alvarez, in pages 713-15 of the trial transcript.” This court has now received

Mills v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-03-26

Citation: 840 So. 2d 464, 2003 WL 1625338

Snippet: power to punish. Vinson v. State, 345 So.2d 711, 713-15 (Fla.1977); Montgomery v. State, 821 So.2d 464

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

Court: District Court of Appeal of Florida | Date Filed: 1998-09-04

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

Snippet: the course of these transactions under section 713.15, Florida Statutes (1993). No such entitlement on

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

Court: District Court of Appeal of Florida | Date Filed: 1984-09-27

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1983-07-28

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

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

Coca-Cola Co., Food Division v. State, Dept.

Court: Supreme Court of Florida | Date Filed: 1981-06-04

Citation: 406 So. 2d 1079

Snippet: an idea they find morally objectionable. Id. at 713-15, 97 S.Ct. at 1434 (citations omitted). We do not

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

Court: District Court of Appeal of Florida | Date Filed: 1977-12-28

Citation: 353 So. 2d 657

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

Associated Hous. Corp. v. KELLER BLDG. PRODUCTS

Court: District Court of Appeal of Florida | Date Filed: 1976-07-19

Citation: 335 So. 2d 362

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