Florida Statute 713.24 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.24

713.24 Transfer of liens to security.—

(1) Any lien claimed under this part may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by:

(a) Depositing in the clerk’s office a sum of money; or

(b) Filing in the clerk’s office a bond executed as surety by a surety insurer licensed to do business in this state,

in an amount equal to the amount demanded in such claim of lien, plus interest thereon at the legal rate for 3 years, plus $5,000 or 25 percent of the amount demanded in the claim of lien, whichever is greater, to apply on any attorney fees and court costs that may be taxed in any proceeding to enforce said lien. Such deposit or bond must be conditioned to pay any judgment or decree which may be rendered for the satisfaction of the lien for which such claim of lien was recorded. Upon making such deposit or filing such bond, the clerk shall make and record a certificate, which must include a copy of the deposit or bond used to transfer, showing the transfer of the lien from the real property to the security and shall mail a copy thereof together with a copy of the deposit or bond used to transfer by registered or certified mail to the lienor named in the claim of lien so transferred, at the address stated therein. Upon filing the certificate of transfer, the real property is released from the lien claimed, and such lien is transferred to said security. In the absence of allegations of privity between the lienor and the owner, and subject to any order of the court increasing the amount required for the lien transfer deposit or bond, no other judgment or decree to pay money may be entered by the court against the owner. The clerk is entitled to a service charge for making and serving the certificate, in the amount of up to $20, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund. If the transaction involves the transfer of multiple liens, the clerk shall charge an additional service charge of up to $10 for each additional lien, from which the clerk shall remit $2.50 to the Department of Revenue for deposit into the General Revenue Fund. For recording the certificate and approving the bond, the clerk shall receive her or his usual statutory service charges as prescribed in s. 28.24. Any number of liens may be transferred to one such security.

(2) Any excess of the security over the aggregate amount of any judgments or decrees rendered plus costs actually taxed shall be repaid to the party filing the same or her or his successor in interest. Any deposit of money shall be considered as paid into court and shall be subject to the provisions of law relative to payments of money into court and the disposition of same.

(3) Any party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit court of the county where such security is deposited, or file a motion in a pending action to enforce a lien, for an order to require additional security, reduction of security, change or substitution of sureties, payment of discharge thereof, or any other matter affecting said security. If the court finds that the amount of the deposit or bond in excess of the amount claimed in the claim of lien is insufficient to pay the lienor’s attorney fees and court costs incurred in the action to enforce the lien, the court must increase the amount of the cash deposit or lien transfer bond. This section may not be construed to vest exclusive jurisdiction in the circuit courts over transfer bond claims for nonpayment of an amount within the monetary jurisdiction of the county courts.

(4) If a proceeding to enforce a transferred lien is not commenced within the time specified in s. 713.22 or if it appears that the transferred lien has been satisfied of record, the clerk shall return said security upon request of the person depositing or filing the same, or the insurer. If a proceeding to enforce a lien is commenced in a court of competent jurisdiction within the time specified in s. 713.22 and, during such proceeding, the lien is transferred pursuant to this section or s. 713.13(1)(e), an action commenced within 1 year after the transfer, unless otherwise shortened by operation of law, in the same county or circuit court to recover against the security shall be deemed to have been brought as of the date of filing the action to enforce the lien, and the court shall have jurisdiction over the action.

History.—s. 1, ch. 63-135; s. 15, ch. 65-456; s. 35, ch. 67-254; s. 6, ch. 77-354; s. 6, ch. 87-74; s. 813, ch. 97-102; s. 8, ch. 98-135; s. 111, ch. 2003-402; s. 73, ch. 2004-265; s. 11, ch. 2005-227; s. 38, ch. 2008-111; s. 24, ch. 2019-58; s. 13, ch. 2023-226.

Note.—Former s. 84.241.

F.S. 713.24 on Google Scholar

F.S. 713.24 on Casetext

Amendments to 713.24

Arrestable Offenses / Crimes under Fla. Stat. 713.24

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.24.

Annotations, Discussions, Cases:

Cases Citing Statute 713.24

Total Results: 20

JON M. HALL COMPANY, LLC v. CANOE CREEK INVESTMENTS, LLC, NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC, AND MML II, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-12T00:00:00-07:00

Snippet: the trial court misconstrued sections 713.22 and 713.24, Florida Statutes (2022),1 in concluding that Hall…Lien to a lien transfer bond pursuant to section 713.24(1)(b). Three days later, on May 20, 2022, Canoe…Lien to a lien transfer bond pursuant to section 713.24(1)(b). The surety was the same as for the Original… 3 reasoned that under sections 713.22(2) and 713.24(1)(b) and (4), Canoe Creek's transfer and … the law by misinterpreting sections 713.22 and 713.24. Hall raises several arguments, relying principally

JAKELIN EDMONDSON v. TRI-COUNTY ELECTRICAL SERVICES, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-19T00:53:00-07:00

Snippet: section 713.24 as the basis for its jurisdiction to increase the security bond. Section 713.24(3) permits…increase a cash security bond pursuant to section 713.24(3), Florida Statutes (2020). Homeowner contends…security bond for $9,339.45, pursuant to section 713.24(1), Florida Statutes (2022). A month later, Contractor…moved to increase the cash security under section 713.24(3), Florida Statutes (2022). The trial court deferred… other matter affecting said security. § 713.24(3), Fla. Stat. (2022) (emphasis added). The

WOOLEMS, INC. v. CATALINA CASTSTONE CREATIONS, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-05T00:53:00-07:00

Snippet: to section 713.24, Florida Statutes. 1 That statute provides that on 1 Section 713.24 (1) provides…Deposit. Woolems asserted that pursuant to section 713.24(4), Catalina was required to file suit against

FARREY'S WHOLESALE HARDWARE CO., INC. v. COLTIN ELECTRICAL SERVICES, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-28T00:00:00-08:00

Citation: 263 So. 3d 168

Snippet: property to a lien transfer bond under section 713.24, Florida Statutes (2017). The lien transfer bond…property to a lien transfer bond pursuant to section 713.24. Id. The surety of the … transfer to a lien transfer bond under section 713.24. See Hiller, 189 So. 3d at 274 ("If an owner…transferred to said security.' " (quoting § 713.24(1))). In fact, as soon as the lien is transferred

ALBERT RABIL and TAMARA RABIL v. SEASIDE BUILDERS, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:00:00-07:00

Citation: 226 So. 3d 935

Snippet: pendens. They argued that under sections 713.22 and 713.24, Florida Statutes, the property was released from…property was released from the lien. See § 713.24(1), Fla. Stat. (2016). Once they recorded a notice… release the bond. See §§ 713,22(2), 713.24(4); see also Hiller v. Phoenix Assocs. of

Sanchez v. AN Luxury Imports of Pembroke Pines, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-12T00:00:00-07:00

Citation: 216 So. 3d 723

Snippet: that a surety’s lien-transfer bond under section 713.24, Florida Statutes, did not “allow[ ] a surety’s…pay the difference, or to increase the [section 713.24] bond on Bay-view’s later request, Bayview may

Hiller v. Phoenix Associates of South Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-08T00:00:00-07:00

Citation: 189 So. 3d 272

Snippet: said security.” See § 713.24(1). Importantly, section 713.24(4) provides for the scenario where… release of a transfer bond filed under section 713.24, Florida Statutes (2014). Because the lien- or,…requirements of the controlling statute,”), Section 713.24 provides a mechanism for an owner whose property…. 2d DCA 1975) (“Now obviously the purpose of s.713.24, supra, is to permit any owner, whether…shortened by operation of law” language in section 713.24(4), section 713.22(2) allows the owner to shorten

Key West Seaside, LLC v. Certified Lower Keys Plumbing, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-02T00:00:00-07:00

Citation: 208 So. 3d 718, 2015 Fla. App. LEXIS 13047

Snippet: bond precluded liability against Seaside. See § 713.24(1), Fla. Stat. (2013); Allied Gen. Contractors

Attaway Electric, Inc. v. Kelsey Construction, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-07T00:00:00-07:00

Citation: 120 So. 3d 77

Snippet: lien transferred to a bond pursuant to section 713.24, Florida Statutes. The court directed that the …Kelsey and Attaway. We reverse, because section 713.24 provides that any claim on the bond must be brought…liens were transferred to bonds pursuant to section 713.24. In both cases, Travelers wrote the surety bonds…motion based upon the mandatory provision of section 713.24(3). After a full hearing on the issue, the trial…results. From this order, Attaway appeals. Section 713.24 addresses transfer of liens to security. The statute

Bayview Construction Corp. v. Jomar Properties, LLC.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-29T00:00:00-07:00

Citation: 97 So. 3d 909

Snippet: against Jomar’s real property. Pursuant to section 713.24, Florida Statutes, Jomar transferred the construction

Cool Guys, LLC v. Jomar Properties, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-07T00:00:00-08:00

Citation: 84 So. 3d 1076

Snippet: period in section 713.24(4), Florida Statutes. The trial court agreed. Section 713.24, Florida Statutes…property's title. See § 713.24(1), Fla. Stat. Prior to 2005, section 713.24(4) read as follows: "…and Casualty Company, Inc., finding that section 713.24(4), Florida Statutes (2011), precluded the lienor…depositing or filing the same, or the insurer." § 713.24(4), Fla. Stat. (2004). The courts, however, refused…to apply the one-year time limitation in section 713.24(4) to bar a claim against the surety where the

Trintec Const., Inc. v. COUNTRYSIDE VILL. CONDO., ASS'N, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-03T00:53:00-07:00

Citation: 992 So. 2d 277

Snippet: to "bond off" the lien claim (section 713.24), and rights to a final affidavit (section 713.06

Milton Construction Co. v. JMS Development Construction, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-01T00:00:00-07:00

Citation: 967 So. 2d 234

Snippet: with the same effect as liens transferred under s. 713.24. (emphasis added). That is, once the payment bond

Carmona v. McKINLEY, ITTERSAGEN, GUNDERSON

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-13T00:53:00-07:00

Citation: 952 So. 2d 1273

Snippet: claim of lien to security, pursuant to section 713.24, Florida Statutes (2004). Each transfer bond stated…relief. Russell-Tutty, 928 So.2d at 1279. Section 713.24(1) permits "any person having an interest

Professional Plast. v. Bridgeport-Strasberg

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-12T00:53:00-07:00

Citation: 940 So. 2d 444

Snippet: with the same effect as liens transferred under s. 713.24. . . . (Emphasis added). Professional Plastering…with the same effect as liens transferred under s. 713.24. (Emphasis added). Here, it is undisputed that

WMS Construction, Inc. v. North American Specialty Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-11-02T00:00:00-08:00

Citation: 929 So. 2d 1

Snippet: Notwithstanding any provisions of ss. 713.23 and 713.24 to the contrary, if the contractor's written

Royal Marble, Inc. v. INNOVATIVE FLOORING

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-15T00:53:00-07:00

Citation: 932 So. 2d 221

Snippet: moved to increase the security pursuant to section 713.24(3), Florida Statutes (2003). Specifically, Royal…to enforce the lien," and (3) that section 713.24(3) does not authorize additional security to cover

Smith Original Homes, Inc. v. Carpet King Carpets, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-23T00:00:00-08:00

Citation: 896 So. 2d 844

Snippet: increase in the transfer bond pursuant to section 713.24(3), Florida Statutes (2000). We reverse because…attorney’s fees and costs of about $1700. Section 713.24, Transfers of liens to security, provides in part…denied Carpet King’s motion pursuant to section 713.24(3), Florida Statutes (1999), to require additional….1992). In 1998, the legislature amended section 713.24(3), Florida Statutes (1997), to add: If the court…order to require additional security. See, e.g., § 713.24(3), Fla. Stat. (1967); § 84.241(3), Fla. Stat.

Garrido v. National Union Fire Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-15T00:00:00-08:00

Citation: 891 So. 2d 1091

Snippet: jurisdiction. National Union claimed that, under section 713.24(3), Florida Statutes, the suit could only be filed…616 So.2d 1140, 1142 (Fla. 4th DCA 1998). Section 713.24(3), Florida Statutes, has both a jurisdictional…bonds via section 713.245(4), by way of section 713.24(3), Florida Statutes, regardless of dollar amount

W.W. Plastering, Inc. v. Chism Construction Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-05T00:00:00-08:00

Citation: 867 So. 2d 600

Snippet: construction lien to a security bond pursuant to section 713.24, Florida Statutes (2000). The appellant dismissed…jurisdiction as required by sections 713.22 and 713.24(4), Florida Statutes (2000). We affirm the circuit…against liens transferred to security bonds. See § 713.24(3), Fla. Stat. (2000); see also Current Control…security must be returned. See §§ 713.22(1) & (2); 713.24(4), Fla. Stat. (2000). Florida construction lien