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: District Court of Appeal of Florida | Date Filed: 2024-04-12

Snippet: the trial court misconstrued sections 713.22 and 713.24, Florida Statutes (2022),1 in concluding that Hall's

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

Court: District Court of Appeal of Florida | Date Filed: 2023-04-19

Snippet: increase a cash security bond pursuant to section 713.24(3), Florida Statutes (2020). Homeowner contends

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

Court: District Court of Appeal of Florida | Date Filed: 2023-04-05

Snippet: to section 713.24, Florida Statutes. 1 That statute provides that on 1 Section 713.24 (1) provides:

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

Court: District Court of Appeal of Florida | Date Filed: 2018-12-28

Citation: 263 So. 3d 168

Snippet: property to a lien transfer bond under section 713.24, Florida Statutes (2017). The lien transfer bond

ALBERT RABIL and TAMARA RABIL v. SEASIDE BUILDERS, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-08-30

Citation: 226 So. 3d 935, 2017 Fla. App. LEXIS 12474

Snippet: pendens. They argued that under sections 713.22 and 713.24, Florida Statutes, the property was released from

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

Court: District Court of Appeal of Florida | Date Filed: 2017-04-12

Citation: 216 So. 3d 723, 2017 WL 1364000, 2017 Fla. App. LEXIS 5057

Snippet: that a surety’s lien-transfer bond under section 713.24, Florida Statutes, did not “allow[ ] a surety’s

Hiller v. Phoenix Associates of South Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-04-08

Citation: 189 So. 3d 272, 2016 WL 1386642, 2016 Fla. App. LEXIS 5404

Snippet: release of a transfer bond filed under section 713.24, Florida Statutes (2014). Because the lien- or

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

Court: District Court of Appeal of Florida | Date Filed: 2015-09-02

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: District Court of Appeal of Florida | Date Filed: 2013-08-07

Citation: 120 So. 3d 77, 2013 WL 4006417, 2013 Fla. App. LEXIS 12361

Snippet: lien transferred to a bond pursuant to section 713.24, Florida Statutes. The court directed that the

Bayview Construction Corp. v. Jomar Properties, LLC.

Court: District Court of Appeal of Florida | Date Filed: 2012-08-29

Citation: 97 So. 3d 909, 2012 WL 3711508, 2012 Fla. App. LEXIS 14505

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: District Court of Appeal of Florida | Date Filed: 2012-03-07

Citation: 84 So. 3d 1076, 2012 WL 716084, 2012 Fla. App. LEXIS 3689

Snippet: and Casualty Company, Inc., finding that section 713.24(4), Florida Statutes (2011), precluded the lienor

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

Court: District Court of Appeal of Florida | Date Filed: 2008-09-03

Citation: 992 So. 2d 277, 2008 WL 4058013

Snippet: the right to "bond off" the lien claim (section 713.24), and rights to a final affidavit (section 713

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

Court: District Court of Appeal of Florida | Date Filed: 2007-08-01

Citation: 967 So. 2d 234, 2007 Fla. App. LEXIS 11791, 2007 WL 2188458

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: District Court of Appeal of Florida | Date Filed: 2007-04-13

Citation: 952 So. 2d 1273, 2007 WL 1094331

Snippet: claim of lien to security, pursuant to section 713.24, Florida Statutes (2004). Each transfer bond stated

Professional Plast. v. Bridgeport-Strasberg

Court: District Court of Appeal of Florida | Date Filed: 2006-07-12

Citation: 940 So. 2d 444, 2006 WL 1931199

Snippet: with the same effect as liens transferred under s. 713.24. . . . (Emphasis added). Professional Plastering

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

Court: District Court of Appeal of Florida | Date Filed: 2005-11-02

Citation: 929 So. 2d 1, 2005 Fla. App. LEXIS 17230, 2005 WL 2861109

Snippet: (1)Notwithstanding any provisions of ss. 713.23 and 713.24 to the contrary, if the contractor's written contractual

Royal Marble, Inc. v. INNOVATIVE FLOORING

Court: District Court of Appeal of Florida | Date Filed: 2005-06-15

Citation: 932 So. 2d 221, 2005 Fla. App. LEXIS 9140

Snippet: moved to increase the security pursuant to section 713.24(3), Florida Statutes (2003). Specifically, Royal

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

Court: District Court of Appeal of Florida | Date Filed: 2005-02-23

Citation: 896 So. 2d 844, 2005 Fla. App. LEXIS 2027, 2005 WL 415082

Snippet: increase in the transfer bond pursuant to section 713.24(3), Florida Statutes (2000). We reverse because

Garrido v. National Union Fire Insurance

Court: District Court of Appeal of Florida | Date Filed: 2004-12-15

Citation: 891 So. 2d 1091, 2004 Fla. App. LEXIS 19122, 2004 WL 2898150

Snippet: jurisdiction. National Union claimed that, under section 713.24(3), Florida Statutes, the suit could only be filed

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

Court: District Court of Appeal of Florida | Date Filed: 2004-03-05

Citation: 867 So. 2d 600, 2004 Fla. App. LEXIS 2677, 2004 WL 401387

Snippet: construction lien to a security bond pursuant to section 713.24, Florida Statutes (2000). The appellant dismissed