Fla. Stat. 713.05
Liens of persons in privity

A materialman or laborer, either of whom is in privity with the owner, or a contractor who complies with the provisions of this part shall, subject to the limitations thereof, have a lien on the real property improved for any money that is owed to him or her for labor, services, materials, or other items required by, or furnished in accordance with, the direct contract and for unpaid finance charges due under the lienor’s contract. A materialman or laborer, in privity with the owner, or a contractor shall also have a lien on the owner’s real property for any money that is owed to him or her for labor, services, or materials furnished to improve public property if the improvements to the public property are a condition of the permit to improve the owner’s real property. No lien under this section shall be acquired until a claim of lien is recorded. A lienor who, as a subcontractor, sub-subcontractor, laborer, or materialman not in privity with the owner, commences to furnish labor, services, or material to an improvement and who thereafter becomes in privity with the owner shall have a lien for any money that is owed to him or her for the labor, services, or materials furnished after he or she becomes in privity with the owner. A lienor may record one claim of lien to cover both his or her work done in privity with the owner and not in privity with the owner. No lienor under this section shall be required to serve a notice to owner as provided in s. 713.06(2). A lienor, except a laborer or materialman, who is in privity with the owner and claims a lien under this section shall furnish the contractor’s affidavit required in s. 713.06(3)(d). A contractor may claim a lien for any labor, services, or materials furnished by another lienor for which he or she is obligated to pay the lienor, regardless of the right of the lienor to claim a lien; but, if the lienor claims a valid lien, the contractor shall not recover the amount of the lien recovered by the lienor, and the amount of the contractor’s claim of lien may be reduced accordingly by court order. No person shall have a lien under this section except those lienors specified in it, as their designations are defined in s. 713.01.

Source: Section 713.05 — Liens of persons in privity, https://www.­flsenate.­gov/Laws/Statutes/2024/0713.­05 (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

§ 713.05. Liens of persons in privity's source at flsenate​.gov