Florida Statute 713.74 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.74

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.

F.S. 713.74 on Google Scholar

F.S. 713.74 on Casetext

Amendments to 713.74

Arrestable Offenses / Crimes under Fla. Stat. 713.74

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.74.

Annotations, Discussions, Cases:

Cases Citing Statute 713.74

Total Results: 5

Ringhaver Equipment Co. v. Brooks

Court: Fla. Dist. Ct. App. | Date Filed: 1990-08-09T00:00:00-07:00

Citation: 565 So. 2d 841, 1990 Fla. App. LEXIS 5879, 1990 WL 112503

Snippet: the further provisions of section 713.74 and 713.-75. Section 713.74 applies to liens being imposed against… pay for them within ten days. Although section 713.74 is somewhat ambiguous on the point of who is deemed…furnishing the material. (emphasis supplied) Section 713.74 might have been applicable to Whitehouse, if Whitehouse…circumstances and for the time prescribed in s. 713.74 and for the amount of the debt due to the lienor

D.V. & A., Inc. v. Town of Golden Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1986-09-16T00:00:00-07:00

Citation: 498 So. 2d 960, 1986 Fla. App. LEXIS 9666

Snippet: established a meritorious defense. See §§ 679.310, 713.74, Fla.Stat. (1985); cf. Smith v. City of Miami Beach

Associates Commercial Corp. v. Ross

Court: Fla. Dist. Ct. App. | Date Filed: 1985-03-27T00:00:00-08:00

Citation: 465 So. 2d 663, 10 Fla. L. Weekly 806, 1985 Fla. App. LEXIS 13130

Snippet: month period of possession provided for in section 713.74, Florida Statutes (1973). We conclude that the …properly applied by the trial court herein. Section 713.74, in conjunction with other statutory provisions…duration of the statutory lien created by section 713.74. In construing the statutory three-month period…procedure of section 559.917, the interpretation of 713.74 provided in Eastern Airlines works no hardship …Foundry and implied in the modern statute (section 713.74). Section 559.917, while affording a practical

Eastern Airlines Emp. Fed. Cred. U. v. Yacht Basin, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1976-04-30T00:53:00-07:00

Citation: 334 So. 2d 175

Snippet: its position, appellant cites us to Fla. Stat. § 713.74 (1973) which reads as follows: "As against…prior creditors without notice is created, not by § 713.74, but by Fla. Stat. § 679.310. 74-1594

Roberts v. First Federal Savings & Loan Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1969-04-25T00:00:00-08:00

Citation: 222 So. 2d 32, 1969 Fla. App. LEXIS 5749

Snippet: by either Section 85.25 or Section 85.26 (now § 713.74 and § 713.75), depending on whether the creditor…perfected as provided for in Fla.Stat. § 85.25 (now § 713.74). As against the owner his lien came into existence