Florida Statute 713.74 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

View Entire Chapter

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.

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Amendments to 713.74

Annotations, Discussions, Cases:

Cases Citing Statute 713.74

Total Results: 6

North American Airlines, Inc. v. McCracken (In Re Jet Executive International, Inc.)

27 B.R. 61, 1983 Bankr. LEXIS 6992

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 20, 1983 | Docket: 264102

Cited 3 times | Published

Plaintiff's property. However, pursuant to Fla.Stat. § 713.74, this lien right, which arises upon performance

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

334 So. 2d 175, 1976 A.M.C. 2274

District Court of Appeal of Florida | Filed: Apr 30, 1976 | Docket: 1309620

Cited 2 times | Published

its position, appellant cites us to Fla. Stat. § 713.74 (1973) which reads as follows: "As against the

Tradewinds Airlines, Inc. v. AAR Aircraft Services-Miami, Inc. (In Re Tradewinds Airlines, Inc.)

394 B.R. 614, 21 Fla. L. Weekly Fed. B 451, 2008 Bankr. LEXIS 2876, 50 Bankr. Ct. Dec. (CRR) 187

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 18, 2008 | Docket: 264117

Cited 1 times | Published

Stat. § 713.58 is consistent with Fla. Stat. § 713.74, which provides, in relevant part, that, "There

Ringhaver Equipment Co. v. Brooks

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

District Court of Appeal of Florida | Filed: Aug 9, 1990 | Docket: 64652417

Published

by the further provisions of section 713.74 and 713.-75. Section 713.74 applies to liens being imposed

Associates Commercial Corp. v. Ross

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

District Court of Appeal of Florida | Filed: Mar 27, 1985 | Docket: 64610726

Published

month period of possession provided for in section 713.74, Florida Statutes (1973). We conclude that

Roberts v. First Federal Savings & Loan Ass'n

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

District Court of Appeal of Florida | Filed: Apr 25, 1969 | Docket: 64509581

Published

by either Section 85.25 or Section 85.26 (now § 713.74 and § 713.75), depending on whether the creditor