Florida Statutes

Fla. Stat. § 713.30 (2025)

Other actions not barred.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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713.30 Other actions not barred.—This part shall be cumulative to other existing remedies and nothing contained in this part shall be construed to prevent any lienor or assignee under any contract from maintaining an action thereon at law in like manner as if he or she had no lien for the security of his or her debt, and the bringing of such action shall not prejudice his or her rights under this part, except as herein otherwise expressly provided.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 817, ch. 97-102.

Note.—Former s. 84.301.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1979–2025 · leading case: Com. v. Equity, 695 So. 2d 383 (Fla. 4th DCA 1997).

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Com. v. Equity, 695 So. 2d 383 (Fla. 4th DCA 1997). · cites it 3× “Section 713.30, Florida Statutes (1995), provides that the construction lien part of Chapter 713 "shall be cumulative to other existing remedies.”

Peninsular Supply Co. v. CB Day Realty of Fla., Inc., 423 So. 2d 500 (Fla. 3d DCA 1982). · cites it 3× “A materialman to a subcontractor shall also serve a copy of the notice to owner on the subcontractor of the subcontractor as a prerequisite to perfecting a lien under this chapter and recording of lien.”

Miller v. Knob Const. Co., 368 So. 2d 891 (Fla. 2d DCA 1979). · cites it 2× “Section 713.30, Florida Statutes (1975). No reason comes to mind why the character of the project government ownership should make any difference in this respect.”

J. Batten Corp. v. Oakridge Inv. 85, Ltd., 546 So. 2d 68 (Fla. 5th DCA 1989). · cites it 2× “Carol's Care Center , we held that the trial court erred in dismissing a count for breach of contract because the court clearly had jurisdiction to hear that matter even if the mechanic's lien count had been properly dismissed.”

Sullivan v. Galske, 917 So. 2d 412 (Fla. 2d DCA 2006). · cites it 2× “29 and his contract with the Galskes, see § 713.30, Fla. Stat. (2002), the remedies available to enforce the award of fees may vary depending upon the basis for the award, see, e.”

Unnerstall v. Designerick, Inc., 17 So. 3d 900 (Fla. 2d DCA 2009). · cites it 2× “See § 713.30, Fla. Stat. (2008); Ruffolo, 966 So.”

Angelo v. Healthcare, 824 So. 2d 997 (Fla. 4th DCA 2002). · cites it 2× “4th DCA 1997)(holding that Florida’s construction lien statute (§ 713.30, Fla.Stat.(1995)) does not purport to be the exclusive remedy for a lienor because it provides that the construction lien part of Chapter 713 “ ‘shall be cumulative to other existing remedies.”

Nixon v. Davis Water & Waste Indus., Inc. (In re D.R. Goris Plumbing, Inc.), 49 B.R. 146 (Bankr. M.D. Fla. 1985). “This Court is satisfied that the question must be answered in the negative simply because another provision of the Statute provides as follows: Section 713.30 Fla.Stat. (1984) provides: Part I of this chapter shall be cumulative to other existing remedies and nothing contained…”

Jorge Hernandez v. Burleigh House Condo., Inc. (Fla. 3d DCA 2025). · cites it 6× “5 § 713.30, Fla. Stat. (2022) (emphasis added).”

Plumbing Serv. Co. v. Progressive Plumbing, Inc., 46 So. 3d 144 (Fla. 5th DCA 2010). · cites it 2× “(2009) (providing that “[tjhis part shall be cumulative to other existing remedies and nothing contained in this part shall be construed to prevent any lienor or assignee under any contract from maintaining an action thereon at law in like manner as if he or she had no lien for…”

Quality Indus., Inc. v. Keyes, 509 So. 2d 1248 (Fla. 2d DCA 1987). · cites it 2× “Indeed, rather than precluding Quality from an independent contract action, § 713.30, by its title, “Other actions not barred,” and its literal purpose, reinforce the ability of Quality to pursue such action.”

Confortemp Air Conditioning v. Peabody, 10 Fla. Supp. 2d 86 (Fla. Cir. Ct., Monroe Cty. 1985). “06(3)(c)4, the Court in Peninsular pointed out that at the time of enactment of this language the legislature “painstakingly” limited the statute’s application to perfection of a statutory lien and by enactment at the same time of section 713.30 which provided that the remedies…”

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