Fla. Stat. 713.04
Subdivision improvements


(1)

Any lienor who, regardless of privity, performs services or furnishes material to real property for the purpose of making it suitable as the site for the construction of an improvement or improvements shall be entitled to a lien on the real property for any money that is owed to her or him for her or his services or materials furnished in accordance with her or his contract and the direct contract. The total amount of liens allowed under this section shall not exceed the amount of the direct contract under which the lienor furnishes labor, materials, or services. The work of making real property suitable as the site of an improvement shall include but shall not be limited to the grading, leveling, excavating, and filling of land, including the furnishing of fill soil; the grading and paving of streets, curbs, and sidewalks; the construction of ditches and other area drainage facilities; the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes; and the construction of canals and shall also include the altering, repairing, and redoing of all these things. When the services or materials are placed on land dedicated to public use and are furnished under contract with the owner of the abutting land, the cost of the services and materials, if unpaid, may be the basis for a lien upon the abutting land. When the services or materials are placed upon land under contract with the owner of the land who subsequently dedicates parts of the land to public use, the person furnishing the services or materials placed upon the dedicated land shall be entitled to a lien upon the land abutting the dedicated land for the unpaid cost of the services and materials placed upon the dedicated land, or in the case of improvements that serve or benefit real property that is divided by the improvements, to a lien upon each abutting part for the equitable part of the full amount due and owing. If the part of the cost to be borne by each parcel of the land subject to the same lien is not specified in the contract, it shall be prorated equitably among the parcels served or benefited. No lien under this section shall be acquired until a claim of lien is recorded. No notice of commencement shall be filed for liens under this section. No lienor shall be required to serve a notice to owner for liens under this section.

(2)

If a lienor under this section who is not in privity with the owner serves a notice on the owner in accordance with the provisions of s. 713.06(2), payment of lienors by the owner under this section shall be governed by s. 713.06(3)(c), (d), (e), (f), (g), (h), and (4).

(3)

The owner shall not pay any money on account of a direct contract before actual furnishing of labor and services or materials for subdivision improvements. Any payment not complying with such requirement shall not qualify as a proper payment under this chapter.

(4)

The owner shall make final payment on account of a direct contract only after the contractor complies with s. 713.06(3)(d). Any payment not complying with such requirement shall not qualify as a proper payment under this chapter.

Source: Section 713.04 — Subdivision improvements, https://www.­flsenate.­gov/Laws/Statutes/2024/0713.­04 (accessed Aug. 7, 2025).

713.01
Definitions
713.001
Short title of part
713.02
Types of lienors and exemptions
713.03
Liens for professional services
713.04
Subdivision improvements
713.05
Liens of persons in privity
713.06
Liens of persons not in privity
713.07
Priority of liens
713.08
Claim of lien
713.09
Single claim of lien
713.10
Extent of liens
713.011
Computation of time
713.11
Liens for improving land in which the contracting party has no interest
713.12
Liens for improving real property under contract with husband or wife on property of the other or of both
713.012
Written notices, demands, or requests
713.13
Notice of commencement
713.14
Application of money to materials account
713.15
Repossession of materials not used
713.015
Mandatory provisions for direct contracts
713.16
Demand for copy of contract and statements of account
713.17
Materials not attachable for debts of purchaser
713.18
Manner of serving documents
713.19
Assignment of lien
713.20
Waiver or release of liens
713.21
Discharge of lien
713.22
Duration of lien
713.23
Payment bond
713.24
Transfer of liens to security
713.26
Redemption and sale
713.27
Interplead
713.28
Judgments in case of failure to establish liens
713.29
Attorney fees
713.30
Other actions not barred
713.31
Remedies in case of fraud or collusion
713.32
Insurance proceeds liable for demands
713.33
Disbursing agent and others may rely on owner’s notices
713.35
Making or furnishing false statement
713.37
Rule of construction
713.132
Notice of termination
713.135
Notice of commencement and applicability of lien
713.165
Request for list of subcontractors and suppliers
713.235
Waivers of right to claim against payment bond
713.245
Conditional payment bond
713.345
Moneys received for real property improvements
713.346
Payment on construction contracts
713.3471
Lender responsibilities with construction loans

Current through Fall 2025

§ 713.04. Subdivision improvements's source at flsenate​.gov