Florida Statutes

Fla. Stat. § 713.75 (2025)

Acquisition of liens by persons not in privity with the owner.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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713.75 Acquisition of liens by persons not in privity with the owner.—A person entitled to acquire a lien not in privity with the owner of the personal property shall acquire a lien upon the owner’s personal property as against the owner and persons claiming through her or him by delivery to the owner of a written notice that the person for whom the labor has been performed or the material furnished is indebted to the person performing the labor or furnishing the material in the sum stated in the notice. A person who is performing or is about to perform labor or is furnishing or is about to furnish materials for personal property may deliver to the owner a written cautionary notice that she or he will do so. A lien shall exist from the time of delivery of either notice for the amount unpaid on the contract of the owner with the person contracting with the lienor and the delivery of the notice shall also create a personal liability against the owner of the personal property in favor of the lienor giving the notice, but not to a greater extent than the amount then unpaid on the contract between the owner and the person with whom the owner contracted. There shall be no lien upon personal property as against creditors and purchasers without notice except under the circumstances and for the time prescribed in s. 713.74 and for the amount of the debt due to the lienor at the time of the service of the notice provided for in this section.

History.—RS 1743; s. 2, ch. 4582, 1897; ss. 1, 15, ch. 5143, 1903; GS 2211; RGS 3518; CGL 5381; s. 36, ch. 67-254; s. 5, ch. 69-97; s. 828, ch. 97-102.

Note.—Former s. 85.26.

Notes of Decisions

Cited in 4 cases, 1969–1990 · leading case: Canada Dry Bottling Co. of Florida v. Meekins, Inc., 219 So. 2d 439 (Fla. 3d DCA 1969).

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Canada Dry Bottling Co. of Florida v. Meekins, Inc., 219 So. 2d 439 (Fla. 3d DCA 1969). · cites it 2× “We therefore cannot agree that the Mechanics’ Lien Law supersedes § 85.”

Roberts v. First Fed. Sav. & Loan Ass'n, 222 So. 2d 32 (Fla. 2d DCA 1969). “05, which was renumbered § 713.54 by the legislature in 1967, F.”

Ace Elec. Supply Co. v. PJ & L Assocs. (In re Desco Marine, Inc.), 58 B.R. 40 (Bankr. M.D. Fla. 1986). · cites it 3× “Because Deseo Marine was not in privity with the plaintiff, any lien rights are governed by § 713.75 Florida Statute which provides in pertinent part, A lien shall exist from the time of delivery of either notice for the amount unpaid on the contract of the owner with the person…”

Ringhaver Equip. Co. v. Brooks, 565 So. 2d 841 (Fla. Dist. Ct. App. 1990). · cites it 2× “Section 713.75 is perhaps more applicable to the facts in this ease, but it reaches the same result.”

— 713.75(1) — 1 case

Canada Dry Bottling Co. of Florida v. Meekins, Inc., 219 So. 2d 439 (Fla. 3d DCA 1969). “We therefore cannot agree that the Mechanics’ Lien Law supersedes § 85.”

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