Fla. Stat. 713.28
Judgments in case of failure to establish liens; personal and deficiency judgments or decrees

(1)

If a lienor shall fail, for any reason, to establish a lien for the full amount found to be due him or her in an action to enforce the same under the provisions of this part, he or she may, in addition to the lien decreed in his or her favor, recover a judgment or decree in such action against any party liable therefor for such sums in excess of the lien as are due him or her or which the lienor might recover in an action on a contract against any party to the action from whom such sums are due him or her.

(2)

In any action heretofore or hereafter brought a court may, either before or after the final adjudication, award a summary money judgment or decree in favor of any party. This shall not preclude the rendition of other judgments or decrees in the action.

(3)

If, upon the sale of the real property under any judgment or decree there is a deficiency of proceeds to pay the amount of such judgment or decree, the judgment or decree may be enforced for the deficiency against any person liable therefor in the same manner and under the same conditions as deficiency decrees in mortgage foreclosures. Any payment made on account of any judgment or decree in favor of a party shall be credited on any other judgment or decree rendered in favor of that party in the same action.

Source: Section 713.28 — Judgments in case of failure to establish liens; personal and deficiency judgments or decrees, https://www.­flsenate.­gov/Laws/Statutes/2024/0713.­28 (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

§ 713.28. Judgments in case of failure to establish liens; personal & deficiency judgments or decrees's source at flsenate​.gov