Fla. Stat. 713.15
Repossession of materials not used

If for any reason the completion of an improvement is abandoned or though the improvement is completed, materials delivered are not used therefor, a person who has delivered materials for the improvement which have not been incorporated therein and for which he or she has not received payment may peaceably repossess and remove such materials or replevy the same and thereupon he or she shall have no lien on the real property or improvements and no right against any persons for the price thereof, but shall have the same rights in regard to the materials as if he or she had never parted with their possession. This right to repossess and remove or replevy the materials shall not be affected by their sale, encumbrance, attachment, or transfer from the site of improvement, except that if the materials have been so transferred, the right to repossess or replevy them shall not be effective as against a purchaser or encumbrancer thereof in good faith whose interest therein is acquired after such transfer from the site of the improvement or as against a creditor attaching after such transfer. The right of repossession and removal given by this section shall extend only to materials whose purchase price does not exceed the amount remaining due to the person repossessing but where materials have been partly paid for, the person delivering them may repossess them as allowed in this section on refunding the part of the purchase price which has been paid.

Source: Section 713.15 — Repossession of materials not used, https://www.­flsenate.­gov/Laws/Statutes/2024/0713.­15 (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

§ 713.15. Repossession of materials not used's source at flsenate​.gov