Florida Statutes

Fla. Stat. § 713.74 (2025)

Acquisition of liens by persons in privity with the owner.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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713.74 Acquisition of liens by persons in privity with the owner.—As against the owner of personal property upon which a lien is claimed under this part, the lien shall be acquired by any person in privity with the owner by the performance of the labor or the furnishing of the materials. There shall be no lien upon personal property as against purchasers and creditors without notice unless the person claiming the lien is in possession of the property upon which the lien is claimed. The lien shall continue as long as the possession continues, not to exceed 3 months after performance of the labor or furnishing the material.

History.—RS 1742; s. 1, ch. 4582, 1897; ss. 8, 9, 11, ch. 5143, 1903; GS 2210; RGS 3517; CGL 5380; s. 36, ch. 67-254; s. 4, ch. 69-97.

Note.—Former s. 85.25.

Notes of Decisions

Cited in 6 cases, 1969–2008 · leading case: E. Airlines Emp. Fed. Cred. U. v. Yacht Basin, Inc., 334 So. 2d 175 (Fla. 4th DCA 1976).

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E. Airlines Emp. Fed. Cred. U. v. Yacht Basin, Inc., 334 So. 2d 175 (Fla. 4th DCA 1976). · cites it 3× “In support of its position, appellant cites us to Fla. Stat. § 713.74 (1973) which reads as follows: "As against the owner of personal property upon which a lien is claimed under part II [of this chapter], the lien shall be acquired by any person in privity with the owner by the…”

Tradewinds Airlines, Inc. v. AAR Aircraft Servs.-Miami, Inc. (In Re Tradewinds Airlines, Inc.), 394 B.R. 614 (Bankr. S.D. Florida 2008). · cites it 2× “58 is consistent with Fla. Stat. § 713.74 , which provides, in relevant part, that, “There shall be no lien upon personal property as against purchasers and creditors without notice unless the person claiming the lien is in possession of the property upon which the lien is…”

Roberts v. First Fed. Sav. & Loan Ass'n, 222 So. 2d 32 (Fla. 2d DCA 1969). · cites it 2× “§ 85.05, which was renumbered § 713.54 by the legislature in 1967, F.”

North Am. Airlines, Inc. v. McCracken (In Re Jet Exec. Int'l, Inc.), 27 B.R. 61 (Bankr. S.D. Florida 1983). “§ 713.74, this lien right, which arises upon performance of the labor, is only perfected against purchasers and creditors without notice through possession of the property where personal property is involved.”

Assocs. Com. Corp. v. Ross, 465 So. 2d 663 (Fla. 4th DCA 1985). · cites it 5× “4th DCA 1976) that a repairman’s lien rights continue beyond the three month period of possession provided for in section 713.74, Florida Statutes (1973). We conclude that the Eastern Airlines holding was correct, is still viable and was properly applied by the trial court…”

Ringhaver Equip. Co. v. Brooks, 565 So. 2d 841 (Fla. Dist. Ct. App. 1990). · cites it 4× “1 However, such liens are limited by the further provisions of section 713.74 and 713.-75. Section 713.74 applies to liens being imposed against owners who are in privity with the lienor.”

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