The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.09

713.09 Single claim of lien.—A lienor is required to record only one claim of lien covering his or her entire demand against the real property when the amount demanded is for labor or services or material furnished for more than one improvement under the same direct contract. The single claim of lien is sufficient even though the improvement is for one or more improvements located on separate lots, parcels, or tracts of land. If materials to be used on one or more improvements on separate lots, parcels, or tracts of land under one direct contract are delivered by a lienor to a place designated by the person with whom the materialman contracted, other than the site of the improvement, the delivery to the place designated is prima facie evidence of delivery to the site of the improvement and incorporation in the improvement. The single claim of lien may be limited to a part of multiple lots, parcels, or tracts of land and their improvements or may cover all of the lots, parcels, or tracts of land and improvements. In each claim of lien under this section, the owner under the direct contract must be the same person for all lots, parcels, or tracts of land against which a single claim of lien is recorded.

History.—s. 1, ch. 63-135; s. 8, ch. 65-456; s. 35, ch. 67-254; s. 6, ch. 80-97; s. 5, ch. 90-109; s. 805, ch. 97-102.

Note.—Former s. 84.091.

F.S. 713.09 on Google Scholar

F.S. 713.09 on Casetext

Amendments to 713.09

Arrestable Offenses / Crimes under Fla. Stat. 713.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.09.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE A. PINA,, 602 B.R. 72 (Bankr. S.D. Fla. 2019)

. . . Four Section 16 Cash: $0 Cash: $50 Part Four Section 17 Deposits: No Deposits: Yes Checking account: $713.09 . . .

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)

. . . . § 713.09 because the properties were owned by different owners. See Fla. . . . . § 713.09 (“[T]he owner under the direct contract must be the same person for all lots, parcels, or . . .

FIFTH COLUMN, v. VILLAGE OF VALLEY VIEW, OHIO,, 100 F. Supp. 2d 493 (N.D. Ohio 1998)

. . . thereof may be based upon any combination of two or more of the purposes described in sections 713.07 to 713.09 . . .

LEE, v. ALL FLORIDA CONSTRUCTION CO., 662 So. 2d 365 (Fla. Dist. Ct. App. 1995)

. . . .” § 713.09, Fla.Stat. (1993). . . .

FLORIDA EAST COAST PROPERTIES, INC. v. COASTAL CONSTRUCTION PRODUCTS, INC., 553 So. 2d 705 (Fla. Dist. Ct. App. 1989)

. . . delivery “by a lienor to a place designated by the person with whom the materialman contracted,” § 713.09 . . .

HOLLYWOOD APPLIANCES, INC. v. RUTENBERG J., 541 So. 2d 1283 (Fla. Dist. Ct. App. 1989)

. . . whether the contract between the parties constituted a “same direct contract” as contemplated by section 713.09 . . . We hold simply that a question of fact existed, based upon the record, as to whether section 713.09 applied . . .

OOLITE INDUSTRIES, INC. v. MILLMAN CONSTRUCTION COMPANY, INC., 501 So. 2d 655 (Fla. Dist. Ct. App. 1987)

. . . Obviously, if specially fabricated items are delivered to the jobsite, or delivered as provided for in § 713.09 . . .

In AVENUE DEVELOPMENT CORP. D. SEIDLE, v. REESMAR SALES AND MILLWORK CORP., 5 B.R. 533 (Bankr. S.D. Fla. 1980)

. . . F.S. 713.09 contains a specific provision for those circumstances when a single claim of lien is sufficient . . . F.S. 713.09 provides in part: “(1) A lienor shall be required to record only one claim of lien covering . . . F.S. 713.09 defines “direct contract” as a contract . . . between the owner and any other person. 4. . . .

C. J. KETTLES, d b a v. CHARTER MORTGAGE COMPANY, 337 So. 2d 1012 (Fla. Dist. Ct. App. 1976)

. . . . § 713.09(f), upon several, separate lots. . . . contract” with the builder and, therefore, did not come within the protections afforded by Fla.Stat. § 713.09 . . . Affirmed. . “713.09 When single claim of lien sufficient.— “(1) A lienor shall be required to record . . .

VALLEY VIEW VILLAGE, v. A. PROFFETT,, 221 F.2d 412 (6th Cir. 1955)

. . . These provisions were substantially reenacted in Sections 713.06 to 713.09 of the Ohio Revised Code. . . .

VALLEY VIEW VILLAGE, INC. v. PROFFETT, 73 Ohio Law Abs. 334 (N.D. Ohio 1955)

. . . These provisions were substantially re-enacted in Sections 713.06 to 713.09 of the Ohio Revised Code. . . .

PROFFETT v. VALLEY VIEW VILLAGE,, 71 Ohio Law Abs. 195 (N.D. Ohio 1953)

. . . See. 4366-10 GC (§713.09 R. . . .