The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

View Entire Chapter

F.S. 713.17

713.17 Materials not attachable for debts of purchaser.—Whenever materials have been furnished to improve real property and payment therefor has not been made or waived, such materials shall not be subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of such materials, except a debt due for the purchase price thereof, so long as in good faith the same are about to be applied to improve the real property; but if the owner has made payment for materials furnished and the materialman has not received payment therefor, such materials shall not be subject to attachment, execution, or other legal process to enforce the debt due for the purchase price.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254.

Note.—Former s. 84.171.

F.S. 713.17 on Google Scholar

F.S. 713.17 on Casetext

Amendments to 713.17

Arrestable Offenses / Crimes under Fla. Stat. 713.17

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.17.

Annotations, Discussions, Cases:

Cases from cite.case.law:

v., 7 Ct. Int'l Trade 293 (Ct. Int'l Trade 1984)

. . . merchandise, a chromatic tuning instrument known as a “Strobo Tuner,” was properly classified under item 713.17 . . . The United States Customs Service (Customs) classified the merchandise under item 713.17, TSUS, which . . . Defendant further assert that item 713.17 should be broadly construed to encompass all “forms” of stroboscopes . . . Further, the provision in dispute here, item 713.17, which provides for “stroboscopes of all kinds,” . . . Plaintiff points to no legislative history or judicial decision that would cast a limit on item 713.17 . . .

In LOWERY BROTHERS, INC. a S. AVDOYAN, v. DAVIS WATER WASTE INDUSTRIES, INC. a, 589 F.2d 851 (5th Cir. 1979)

. . . Likewise, § 713.17[] prohibits a person other than the seller of the materials from subjecting the materials . . . Fierman, 188 So.2d 384 (Fla.Dist.Ct.App. 1966), the court held that because of the predecessor of section 713.17 . . . abandonment the materials were not “about to be applied to improve the real property” as required by section 713.17 . . . Fla.Stat. § 713.17 (1977): Materials not attachable for debts of purchaser. — Whenever materials have . . .