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Florida Statute 713.04 | Lawyer Caselaw & Research
F.S. 713.04 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
F.S. 713.04
713.04 Subdivision improvements.
(1) Any lienor who, regardless of privity, performs services or furnishes material to real property for the purpose of making it suitable as the site for the construction of an improvement or improvements shall be entitled to a lien on the real property for any money that is owed to her or him for her or his services or materials furnished in accordance with her or his contract and the direct contract. The total amount of liens allowed under this section shall not exceed the amount of the direct contract under which the lienor furnishes labor, materials, or services. The work of making real property suitable as the site of an improvement shall include but shall not be limited to the grading, leveling, excavating, and filling of land, including the furnishing of fill soil; the grading and paving of streets, curbs, and sidewalks; the construction of ditches and other area drainage facilities; the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes; and the construction of canals and shall also include the altering, repairing, and redoing of all these things. When the services or materials are placed on land dedicated to public use and are furnished under contract with the owner of the abutting land, the cost of the services and materials, if unpaid, may be the basis for a lien upon the abutting land. When the services or materials are placed upon land under contract with the owner of the land who subsequently dedicates parts of the land to public use, the person furnishing the services or materials placed upon the dedicated land shall be entitled to a lien upon the land abutting the dedicated land for the unpaid cost of the services and materials placed upon the dedicated land, or in the case of improvements that serve or benefit real property that is divided by the improvements, to a lien upon each abutting part for the equitable part of the full amount due and owing. If the part of the cost to be borne by each parcel of the land subject to the same lien is not specified in the contract, it shall be prorated equitably among the parcels served or benefited. No lien under this section shall be acquired until a claim of lien is recorded. No notice of commencement shall be filed for liens under this section. No lienor shall be required to serve a notice to owner for liens under this section.
(2) If a lienor under this section who is not in privity with the owner serves a notice on the owner in accordance with the provisions of s. 713.06(2), payment of lienors by the owner under this section shall be governed by s. 713.06(3)(c), (d), (e), (f), (g), (h), and (4).
(3) The owner shall not pay any money on account of a direct contract before actual furnishing of labor and services or materials for subdivision improvements. Any payment not complying with such requirement shall not qualify as a proper payment under this chapter.
(4) The owner shall make final payment on account of a direct contract only after the contractor complies with s. 713.06(3)(d). Any payment not complying with such requirement shall not qualify as a proper payment under this chapter.
History.s. 1, ch. 63-135; s. 2, ch. 65-456; s. 35, ch. 67-254; s. 2, ch. 80-97; s. 2, ch. 86-247; s. 803, ch. 97-102; s. 7, ch. 2005-227.
Note.Former s. 84.041.

F.S. 713.04 on Google Scholar

F.S. 713.04 on Casetext

Amendments to 713.04


Arrestable Offenses / Crimes under Fla. Stat. 713.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.04.



Annotations, Discussions, Cases:

Cases from cite.case.law:

WOOSTER INDUSTRIAL PARK, LLC, v. CITY OF WOOSTER,, 55 F. Supp. 3d 990 (N.D. Ohio 2014)

. . . {Id., citing Ohio Rev.Code § 713.04 (“The legislative authority of a municipal corporation may authorize . . .

IBERIABANK, a v. COCONUT LLC, a v. HG LLC, a HG LLC, v. HG LLC, v. a, 984 F. Supp. 2d 1283 (M.D. Ala. 2013)

. . . . § 713.04(1). A contractor may not, however, file a fraudulent lien against property. . . . Stat. § 713.04(1). . . .

SIGRAM SCHINDLER BETEILIGUNGSGESELLSCHAFT v. CISCO SYSTEMS, INC. v., 726 F. Supp. 2d 396 (D. Del. 2010)

. . . MPEP § 713.04 (8th Ed., Rev. 7, 2008). . . .

NISUS CORPORATION, v. PERMA- CHINK SYSTEMS, INC., 421 F. Supp. 2d 1084 (E.D. Tenn. 2006)

. . . See MPEP §§ 713.04, 2002.02. . . .

ADE CORPORATION, v. KLA- TENCOR CORPORATION,, 252 F. Supp. 2d 40 (D. Del. 2003)

. . . . § 1.2; Manual of Patent Examining Procedure § 713.04 pp. 700-166 to 700-168 (8th ed., Aug. 2001). . . .

GENTILE, v. FRANKLIN SPORTS, INC., 211 F. Supp. 2d 334 (D. Mass. 2002)

. . . Rejection, which included an interview summary as required by the Manual of Patent Examining Procedure § 713.04 . . .

LI SECOND FAMILY LIMITED PARTNERSHIP, v. TOSHIBA CORPORATION, 231 F.3d 1373 (Fed. Cir. 2000)

. . . (citing Manual of Patent Examining Procedure § 713.04). . . .

D AND S FAMILY PRESERVATION TRUST, v. UNITED STATES, 983 F. Supp. 926 (D. Or. 1997)

. . . Opposition, p. 4), the court will grant partial summary judgment for the United States in the amount of $34,-713.04 . . .

MAGNIVISION, INC. v. BONNEAU COMPANY,, 115 F.3d 956 (Fed. Cir. 1997)

. . . The Manual of Patent Examining Procedure at § 713.04 elaborates, requiring the applicant to record the . . .

PROMEGA CORPORATION, v. NOVAGEN, INC., 6 F. Supp. 2d 1004 (W.D. Wis. 1997)

. . . . §§ 1.2, 1.133, and § 713.04 of the Manual of Patent Examining Procedure, (4th ed. rev.1982) in support . . .

DAVIS WATER WASTE INDUSTRIES, INC. v. EMBRY DEVELOPMENT CORP. a, 603 So. 2d 1357 (Fla. Dist. Ct. App. 1992)

. . . this case involves construction of the phrase “abutting lands,” as the term is utilized in section 713.04 . . . In its complaint for mechanic’s lien filed pursuant to section 713.04, Davis alleged that the materials . . . The applicable statutory provision is as follows: 713.04 SUBDIVISION IMPROVEMENTS (1) Any lienor who, . . . cost of the services and materials, if unpaid, may be the basis for a lien upon the abutting land, § 713.04 . . . Finding no error in the trial court’s construction of section 713.04, Florida Statutes (1989), we AFFIRM . . .

TRI- COUNTY CONCRETE PRODUCTS, INC. v. BOYNTON WEST CORPORATION, 566 So. 2d 335 (Fla. Dist. Ct. App. 1990)

. . . held that the proper payments provision of Section 713.06, Florida Statutes (1985), applied to Section 713.04 . . .

MARKS LANDSCAPE PAVING CO. a v. R. P. B. INDUSTRIAL PARK, INC. a, 552 So. 2d 256 (Fla. Dist. Ct. App. 1989)

. . . By statutory definition, the work performed by Marks fell under § 713.04, Fla.Stat. (1985), which provides . . . as the site of any improvement shall include .... the paving of streets, curbs and sidewalks.... § 713.04 . . . Section 713.04 is silent as to the applicability of the proper payments provisions of section 713.06, . . . that the legislature did not intend for that requirement to apply to § 713.04. . . . 1985), wherein the Second District held that the proper payments provision of § 713.06 applied to § 713.04 . . .

HODUSA CORPORATION, a v. ABRAY CONSTRUCTION COMPANY,, 546 So. 2d 1099 (Fla. Dist. Ct. App. 1989)

. . . was not required to furnish the affidavit, because subdivision improvements are governed by section 713.04 . . . It is true that the contractor’s affidavit requirement is not found in section 713.04 but in section . . . interplay of the various sections of the mechanics’ lien statutes, our court has held that sections 713.04 . . . Judge Boardman wrote in Sewer Viewer, 454 So.2d at 702: ... we consider that the purpose of section 713.04 . . . lien for subdivisions in regard to the manner, amount, and extent of a lien perfected under section 713.04 . . .

THE FLORIDA BAR In ADVISORY OPINION- NONLAWYER PREPARATION OF NOTICE TO OWNER AND NOTICE TO CONTRACTOR, 544 So. 2d 1013 (Fla. 1989)

. . . 713.05), professional lienors (§ 713.03), and lienors who make the site suitable for improvement (§ 713.04 . . .

NINTENDO OF AMERICA INC. v. MAGNAVOX COMPANY, 707 F. Supp. 717 (S.D.N.Y. 1989)

. . . MPEP § 713.04. . . . discovering field of search); § 713.03 (interview for “sounding out” Examiner not permitted); and § 713.04 . . .

RITE- HITE CORPORATION, v. KELLEY COMPANY, INC., 819 F.2d 1120 (Fed. Cir. 1987)

. . . See also Manual of Patent Examining Procedure § 713.04 (4th ed. 1979). . . .

In CONTINENTAL COUNTRY CLUB, INC., 64 B.R. 177 (Bankr. M.D. Fla. 1986)

. . . benefited all the lots in the mobile home park, its mechanic’s lien claim is governed by Florida Statute § 713.04 . . . Both §§ 713.04 and 713.05 grant one who performs services or furnishes materials the right to a lien . . . A lien based on Florida Statutes § 713.04 attaches and takes priority as of the date the claim of lien . . .

GULF HORIZONS DEVELOPMENT COMPANY, INC. v. LEWIS, d b a D L, 478 So. 2d 1180 (Fla. Dist. Ct. App. 1985)

. . . Appellant relies upon section 713.04, Florida Statutes (1983) to excuse its failure to serve a notice . . . The trial court, in granting summary judgment for appel-lee Zephyr Egg, ruled that section 713.04 was . . . While the text of section 713.04 does not specifically refer to subdivision improvements, section 713.02 . . . makes it clear that section 713.04 is limited to liens for that kind of work. . . .

SOUTHERN CONTRACTOR RENTALS, INC. a v. BRODERICK, a, 476 So. 2d 1376 (Fla. Dist. Ct. App. 1985)

. . . deciding this appeal, we are again called upon to consider the interrelation and interaction of sections 713.04 . . . to our decision here, and based partially on their authority and on the express language of section 713.04 . . . failed to make clear whether the “proper payment” requirements of 713.06 were applicable to 713.04. . . . It appears, as we held in those cases, that the primary intent of the legislature in enacting 713.04 . . . We cannot ignore the specific language of section 713.04, which unequi-vocably states that “[N]o lien . . .

WEN- DIC CONSTRUCTION CO. INC. a v. MAINLANDS CONSTRUCTION CO. INC. a, 463 So. 2d 1187 (Fla. Dist. Ct. App. 1985)

. . . See § 713.04, Fla.Stat. . . .

AMERICAN DIVERSIFIED DREDGING, INC. v. NAUTILUS CONSTRUCTION CORPORATION,, 457 So. 2d 597 (Fla. Dist. Ct. App. 1984)

. . . See § 713.04, Fla. Stat. (1983). . . .

INTERNATIONAL COMMUNITY CORPORATION- TAMPA v. DAVIS WATER AND WASTE INDUSTRIES, INC., 455 So. 2d 1164 (Fla. Dist. Ct. App. 1984)

. . . , when the construction project in question involved a subdivision development governed by sections 713.04 . . . Appellants essentially argued that subdivision liens under sections 713.04 and 713.07 are independent . . . Sections 713.04 and 713.07 provide for less restrictive notice requirements for subdivision liens and . . . There is no alternative method of distribution described in section 713.04, nor 713.07. . . . The rest of chapter 713, part I, except as excluded by sections 713.04 and 713.07, applies to subdivision . . .

SEWER VIEWER, INC. v. SHAWNEE SUNSET DEVELOPERS, INC. a d b a, 454 So. 2d 701 (Fla. Dist. Ct. App. 1984)

. . . Appellant timely recorded its claim of lien against appellee’s property under section 713.04, Florida . . . In so concluding, we consider that the purpose of section 713.04 is simply to provide less restrictive . . . Buckles-Thompson, Inc., 383 So.2d 280 (Fla. 5th DCA 1980) (section 713.04 creates “subdivision exception . . . Harrell, 364 So.2d 802 (Fla. 1st DCA 1978) (reading section 713.04 in pari mate-ria with section 713.06 . . . Section 713.04 is obviously contained in part I of chapter 713. . . .

PEMBROKE VILLAS OF BROWARD, INC. a v. RAYMUNDO,, 447 So. 2d 324 (Fla. Dist. Ct. App. 1984)

. . . Raymundo’s services fall within the category of lienors described in Section 713.04, Florida Statutes . . . We hold that because the Legislature chose not to specifically require an affidavit under Section 713.04 . . . At issue is the interpretation to be given Section 713.04, Florida Statutes (1981). . . . As I see it, the enactment of Section 713.04, Florida Statutes (1981) merely represents the Legislative . . . In my judgment the Legislature did not intend, by the enactment of Section 713.04, Florida Statutes ( . . . In summation, I suggest that Section 713.04, Florida Statutes (1981), does not create a new class of . . .

LITTON SYSTEMS, INC. v. WHIRLPOOL CORPORATION,, 728 F.2d 1423 (Fed. Cir. 1984)

. . . MPEP § 713.04 (3d ed. rev. 1970), reprinted in A. Deller, Walker on Patents, ch. . . . the applicant * * to make the substance of an interview of record in the application file, * * MPEP § 713.04 . . .

M. D. VICKERMAN, v. HENNEPIN COUNTY PROBATE COURT, WILSON, v. HENNEPIN COUNTY PROBATE COURT,, 543 F. Supp. 165 (D. Minn. 1982)

. . . Dayton and $713.04 for Mr. Messinger. III. DISCUSSION A. . . . Dayton’s expenses and $713.04 for Mr. Messinger’s expenses. . . .

G. L. ROYAL, Jr. F. d b a F. a v. CLEMONS, d b a, 394 So. 2d 155 (Fla. Dist. Ct. App. 1981)

. . . required to file notice to owner because his work which involved hauling, etc., brought him under Section 713.04 . . . Section 713.04, by its very term, applies to subdivision improvements. . . .

G. W. MARTIN SEAWALL, INC. v. FLAGSHIP FIRST NATIONAL BANK OF MIAMI, CGC, 388 So. 2d 623 (Fla. Dist. Ct. App. 1980)

. . . find reversible error if the trier of the fact found the Appellant/Lienor to be subject to Section 713.04 . . . Said Section 713.04 creates a lien for subdivision improvements but provides that no lien be acquired . . .

PFIZER, INC. v. INTERNATIONAL RECTIFIER CORPORATION,, 545 F. Supp. 486 (C.D. Cal. 1980)

. . . Patent Office, Manual of Patent Examining Procedures § 713.04 (3d ed. 1961), as amended (1970), reprinted . . . (This is the practice suggested for examiners by Section 713.04 of the Manual of Patent Examining Procedure . . .

C. MERSHON, Jr. v. BUCKLES- THOMPSON, INC. a, 383 So. 2d 280 (Fla. Dist. Ct. App. 1980)

. . . Section 713.04, Fla.Stat. (1979). . . .

AMERICAN FIRE CASUALTY CO. v. DAVIS WATER WASTE INDUSTRIES, INC., 377 So. 2d 164 (Fla. 1979)

. . . the materials supplied were used for “subdivision improvements” as that term is defined in section 713.04 . . . , not in privity with the owner, who furnishes materials for subdivision improvements under section 713.04 . . . Section 713.04, dealing with subdivision improvements, establishes a class of liens separate from the . . . There is no requirement of serving notice on the owner under section 713.04. . . . : 713.04 Subdivision improvements. — Any lienor who, regardless of whether in privity, performs services . . .

BAUMGARTNER CONSTRUCTION COMPANY, INC. a I. W. v. C. L. HARRELL,, 364 So. 2d 802 (Fla. Dist. Ct. App. 1978)

. . . with “M” Enterprises (“M”) to make their real property suitable for improvements as defined in Section 713.04 . . . Harrell contends that pursuant to Section 713.04, Florida Statutes (1975), and American Fire & Cas. . . . Section 713.04 which applies to subdivision improvement lienors does not require notice to owners. . . . However, only Section 713.04 applies here because its first sentence clearly states that it applies to . . . Section 713.07(1) states that liens under Section 713.04 shall attach at the time of recordation and . . .

AMERICAN FIRE AND CASUALTY COMPANY, v. DAVIS WATER WASTE INDUSTRIES, INC. d b a a J. Jr. E. J. d b a a J., 358 So. 2d 225 (Fla. Dist. Ct. App. 1978)

. . . Thus, § 713.03 concerns itself with liens for professional services, § 713.04 applies to subdivision . . . Thus we see that: (1) § 713.03 specifically states that no notice is required. (2) § 713.04 is silent . . . Prom the above four line analysis, it should be easy to conclude that, because § 713.04 (the one we are . . . The first sentence of § 713.04 begins, “Any lienor who, regardless of whether in privity . . . furnishes . . . our opinion that by reason of this language, the lienor in the instant case falls squarely under § 713.04 . . .

In COORDINATED PRETRIAL PROCEEDINGS IN ANTIBIOTIC ANTITRUST ACTIONS. PFIZER, INC. v. INTERNATIONAL RECTIFIER CORP., 538 F.2d 180 (8th Cir. 1976)

. . . Patent Office, Manual of Patent Examining Procedure § 713.04 (3d ed. 1961), as amended (1970), reprinted . . .

BOOTH, v. JOE LOMBARDI, INC., 309 So. 2d 51 (Fla. Dist. Ct. App. 1975)

. . . Appellant contends that under § 713.04 of the Mechanics’ Lien Law, in order to perfect his claim of lien . . .

W. S. McALEER, v. McNALLY PITTSBURG MFG. CORP., 307 F.2d 220 (3d Cir. 1962)

. . . counsel filed of record it appears that the maximum reeov-ery, exclusive of interest and costs is $9,-713.04 . . .

W. S. McALEER, v. McNALLY PITTSBURG MFG. CORP., 198 F. Supp. 606 (W.D. Pa. 1961)

. . . The three sums added together come to $9,-713.04 and this is the aggregate amount that plaintiff could . . .