Florida Statutes

Fla. Stat. § 713.24 (2025)

Transfer of liens to security.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 107 cases (5 in the last 5 years), 1971–2026 · leading case: Aetna Cas. & Sur. Co. v. Buck, 594 So. 2d 280 (Fla. 1992).

Sort: Relevance Newest Treatment

Aetna Cas. & Sur. Co. v. Buck, 594 So. 2d 280 (Fla. 1992). · cites it 13× “24 of the Florida Statutes [3] make a surety liable for *283 all reasonable attorney's fees incurred by a lien claimant in an action on a surety bond.”

Resnick Developers South v. Clerici, 340 So. 2d 1194 (Fla. 4th DCA 1976). · cites it 15× “Thereafter the owner caused the subcontractor's claim of lien to be transferred from the owner's property to a transfer bond, as provided by Section 713.24, Florida Statutes. The owner was the principal, and appellant, Federal Insurance Company, was the surety on the § 713.”

Hiller v. Phoenix Assocs. of South Florida, Inc., 189 So. 3d 272 (Fla. 2d DCA 2016). · cites it 9× “Georgia Hiller appeals the trial court’s order denying her motion for release of a transfer bond filed under section 713.24, Florida Statutes (2014). Because the lien- or, Phoenix Associates, of South Florida, Inc.”

DiStefano Const., Inc. v. Fid. & Deposit Co. of Md., 597 So. 2d 248 (Fla. 1992). · cites it 6× “However, we do not agree with the district court that section 713.24 only authorizes payment of costs up to 0.”

Cool Guys, LLC v. Jomar Props., LLC, 84 So. 3d 1076 (Fla. 4th DCA 2012). · cites it 17× “Section 713.24, Florida Statutes, governing the transfer of liens to security, permits a person with an interest in real property to transfer a lien imposed against the property to other security and, in so doing, remove the cloud on the property’s title.”

Stel-Den of Am., Inc. v. Roof Structures, Inc., 438 So. 2d 882 (Fla. 4th DCA 1983). · cites it 9× “[Roof Structures] could have chosen to file an action in chancery in the Circuit Court pursuant to § 713.24 Florida Statutes, there is nothing to prohibit the remedy of an ordinary action of law as set forth in Chapter 85.”

Smith Original Homes, Inc. v. Carpet King Carpets, Inc., 896 So. 2d 844 (Fla. 2d DCA 2005). · cites it 9× “Section 713.24, Transfers of liens to security, provides in part: (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…”

Symons Corp. v. Tartan-Lavers Delray Beach, 456 So. 2d 1254 (Fla. 4th DCA 1984). · cites it 5× “The trial court struck Symons Corporation's demand for attorney's fees and failed to award attorney's fees to Symons Corporation as the prevailing party.”

Regal Wood Prod v. Ist Wis. Nat. Bank, 347 So. 2d 643 (Fla. 4th DCA 1977). · cites it 9× “The subcontractor's action on a Section 713.24, Florida Statutes (1975), Transfer bond was filed as part of an amended cross-claim two years after the subcontractor's claim of lien was recorded.”

Farrey's Wholesale Hardware Co., Inc. v. Coltin Elec. Servs., LLC, 263 So. 3d 168 (Fla. 2d DCA 2018). · cites it 5× “-8- On the same day of the summary judgment hearing, a document was recorded in Pasco County reflecting that Farrey's construction lien had been transferred from the property to a lien transfer bond under section 713.24, Florida Statutes (2017). The lien transfer bond was issued…”

Walbridge Aldinger Co. v. ROBERTS PLUMB. CONTR. INC., 800 So. 2d 285 (Fla. 3d DCA 2001). · cites it 9× “90 pursuant to Section 713.24(1), Florida Statutes (1998) [3] on August 25, 2000.”

Mesch v. Berry, 528 So. 2d 1250 (Fla. 1st DCA 1988). · cites it 9× “4th DCA 1984), holding that Section 713.24, Florida Statutes, does not prevent an award of an unsecured judgment for attorney's fees against the owner of the real estate.”

Show all 107 citing cases →

— 713.24(1) — 18 cases

State-Wide Constr., Inc. v. Dowda, 424 So. 2d 198 (Fla. 5th DCA 1983).

Scarfone v. Marin, 442 So. 2d 282 (Fla. 2d DCA 1983).

Walbridge Aldinger Co. v. ROBERTS PLUMB. CONTR. INC., 800 So. 2d 285 (Fla. 3d DCA 2001). “90 pursuant to Section 713.24(1), Florida Statutes (1998) [3] on August 25, 2000.”

Key West Seaside, LLC v. Certified Lower Keys Plumbing, Inc., 208 So. 3d 718 (Fla. 3d DCA 2015).

Hiller v. Phoenix Assocs. of South Florida, Inc., 189 So. 3d 272 (Fla. 2d DCA 2016). “Georgia Hiller appeals the trial court’s order denying her motion for release of a transfer bond filed under section 713.24, Florida Statutes (2014). Because the lien- or, Phoenix Associates, of South Florida, Inc.”

— 713.24(1)(b) — 4 cases

DiStefano Const., Inc. v. Fid. & Deposit Co. of Md., 597 So. 2d 248 (Fla. 1992). “However, we do not agree with the district court that section 713.24 only authorizes payment of costs up to 0.”

Stel-Den of Am., Inc. v. Roof Structures, Inc., 438 So. 2d 882 (Fla. 4th DCA 1983). “[Roof Structures] could have chosen to file an action in chancery in the Circuit Court pursuant to § 713.24 Florida Statutes, there is nothing to prohibit the remedy of an ordinary action of law as set forth in Chapter 85.”

Mesch v. Berry, 528 So. 2d 1250 (Fla. 1st DCA 1988). “4th DCA 1984), holding that Section 713.24, Florida Statutes, does not prevent an award of an unsecured judgment for attorney's fees against the owner of the real estate.”

Jon M. Hall Co., LLC v. Canoe Creek Investments, LLC, Neal Communities of Sw. Florida, LLC, & Mml II, LLC (Fla. 2d DCA 2024).

— 713.24(3) — 31 cases

Smith Original Homes, Inc. v. Carpet King Carpets, Inc., 896 So. 2d 844 (Fla. 2d DCA 2005). “Section 713.24, Transfers of liens to security, provides in part: (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…”

Aetna Cas. & Sur. Co. v. Buck, 594 So. 2d 280 (Fla. 1992). “24 of the Florida Statutes [3] make a surety liable for *283 all reasonable attorney's fees incurred by a lien claimant in an action on a surety bond.”

Publix Super Markets v. Cheesbro Roofing, 502 So. 2d 484 (Fla. 5th DCA 1987).

Walbridge Aldinger Co. v. ROBERTS PLUMB. CONTR. INC., 800 So. 2d 285 (Fla. 3d DCA 2001). “90 pursuant to Section 713.24(1), Florida Statutes (1998) [3] on August 25, 2000.”

— 713.24(4) — 10 cases

Cool Guys, LLC v. Jomar Props., LLC, 84 So. 3d 1076 (Fla. 4th DCA 2012). “Section 713.24, Florida Statutes, governing the transfer of liens to security, permits a person with an interest in real property to transfer a lien imposed against the property to other security and, in so doing, remove the cloud on the property’s title.”

Morse Diesel Intern. v. 2000 Island Blvd., 698 So. 2d 309 (Fla. 3d DCA 1997).

Regal Wood Prod v. Ist Wis. Nat. Bank, 347 So. 2d 643 (Fla. 4th DCA 1977). “The subcontractor's action on a Section 713.24, Florida Statutes (1975), Transfer bond was filed as part of an amended cross-claim two years after the subcontractor's claim of lien was recorded.”

Harris Paint Co. v. Multicon Props., Inc., 326 So. 2d 43 (Fla. 1st DCA 1976).

— 713.24(b) — 1 case

Coquina, Ltd. v. Nicholson Cabinet Co., 509 So. 2d 1344 (Fla. 1st DCA 1987).

— 713.24(l)(b) — 3 cases

Schonfeld v. Hughes Supply, Inc., 392 So. 2d 324 (Fla. 1st DCA 1980).

Preferred Nat'l Ins. Co. v. Nichols, 682 So. 2d 585 (Fla. 1st DCA 1996).

Attaway Elec., Inc. v. Kelsey Constr., Inc., 120 So. 3d 77 (Fla. 4th DCA 2013).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.