Fla. Stat. 713.14
Application of money to materials account


(1)

Any owner, contractor, subcontractor, or sub-subcontractor, in making any payment under, or properly applicable to, any contract to one with whom she or he has a running account, or with whom she or he has more than one contract, or to whom she or he is otherwise indebted, shall designate the contract under which the payment is made or the items of account to which it is to be applied. If she or he shall fail to do so or shall make a false designation, she or he shall be liable to anyone suffering a loss in consequence for the amount of the loss.

(2)

When a payment for materials is made to a subcontractor, sub-subcontractor, or materialman, the subcontractor, sub-subcontractor, or materialman shall demand of the person making the payment a designation of the account and the items of account to which the payment is to apply. In any case in which a lien is claimed for materials furnished by a subcontractor, sub-subcontractor, or materialman, it is a defense to the claim, to the extent of the payment made, to prove that a payment made by the owner to the contractor for the materials has been paid over to the subcontractor, sub-subcontractor, or materialman, and to prove also that when such payment was received by such subcontractor, sub-subcontractor, or materialman she or he did not demand a designation of the account and of the items of account to which the payment was to be applied or, receiving a designation of its application to the account for the materials, she or he failed to apply the payment in accordance therewith. This subsection is cumulative to any other defenses available to the person paying the materialman, subcontractor, or sub-subcontractor.

Source: Section 713.14 — Application of money to materials account, https://www.­flsenate.­gov/Laws/Statutes/2024/0713.­14 (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

§ 713.14. Application of money to materials account's source at flsenate​.gov