Fla. Stat. 713.07
Priority of liens


(1)

Liens under ss. 713.03 and 713.04 shall attach at the time of recordation of the claim of lien and shall take priority as of that time.

(2)

Liens under ss. 713.05 and 713.06 shall attach and take priority as of the time of recordation of the notice of commencement, but in the event a notice of commencement is not filed, then such liens shall attach and take priority as of the time the claim of lien is recorded.

(3)

All such liens shall have priority over any conveyance, encumbrance or demand not recorded against the real property prior to the time such lien attached as provided herein, but any conveyance, encumbrance or demand recorded prior to the time such lien attaches and any proceeds thereof, regardless of when disbursed, shall have priority over such liens.

(4)

If construction ceases or the direct contract is terminated before completion and the owner desires to recommence construction, he or she may pay all lienors in full or pro rata in accordance with s. 713.06(4) prior to recommencement in which event all liens for the recommenced construction shall take priority from such recommencement; or the owner may record an affidavit in the clerk’s office stating his or her intention to recommence construction and that all lienors giving notice have been paid in full except those listed therein as not having been so paid in which event 30 days after such recording, the rights of any person acquiring any interest, lien, or encumbrance on said property or of any lienor on the recommenced construction shall be paramount to any lien on the prior construction unless such prior lienor records a claim of lien within said 30-day period. A copy of said affidavit shall be served on each lienor named therein. Before recommencing, the owner shall record and post a notice of commencement for the recommenced construction, as provided in s. 713.13.

Source: Section 713.07 — Priority of liens, https://www.­flsenate.­gov/Laws/Statutes/2024/0713.­07 (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

§ 713.07. Priority of liens's source at flsenate​.gov