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Florida Statute 713.74 | Lawyer Caselaw & Research
F.S. 713.74 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 713.74

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
F.S. 713.74
713.74 Acquisition of liens by persons in privity with the owner.As against the owner of personal property upon which a lien is claimed under this part, the lien shall be acquired by any person in privity with the owner by the performance of the labor or the furnishing of the materials. There shall be no lien upon personal property as against purchasers and creditors without notice unless the person claiming the lien is in possession of the property upon which the lien is claimed. The lien shall continue as long as the possession continues, not to exceed 3 months after performance of the labor or furnishing the material.
History.RS 1742; s. 1, ch. 4582, 1897; ss. 8, 9, 11, ch. 5143, 1903; GS 2210; RGS 3517; CGL 5380; s. 36, ch. 67-254; s. 4, ch. 69-97.
Note.Former s. 85.25.

F.S. 713.74 on Google Scholar

F.S. 713.74 on Casetext

Amendments to 713.74


Arrestable Offenses / Crimes under Fla. Stat. 713.74
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.74.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In TRADEWINDS AIRLINES, INC. INC. v. AAR INC. f k a, 394 B.R. 614 (Bankr. S.D. Fla. 2008)

. . . . § 713.74, which provides, in relevant part, that, “There shall be no lien upon personal property as . . .

RINGHAVER EQUIPMENT COMPANY, v. BROOKS,, 565 So. 2d 841 (Fla. Dist. Ct. App. 1990)

. . . However, such liens are limited by the further provisions of section 713.74 and 713.-75. . . . Section 713.74 applies to liens being imposed against owners who are in privity with the lienor. . . . Although section 713.74 is somewhat ambiguous on the point of who is deemed to be an owner under the . . . (emphasis supplied) Section 713.74 might have been applicable to Whitehouse, if Whitehouse had owned . . . creditors and purchasers without notice except under the circumstances and for the time prescribed in s. 713.74 . . .

In INDUSTRIAL DISTRIBUTION SERVICES, INC. INDUSTRIAL DISTRIBUTION SERVICES, INC. v. GRINNELL CORPORATION, 94 B.R. 760 (Bankr. M.D. Fla. 1988)

. . . might have, as it contends, a lien on the mechanical pipes by virtue of Sections 713.50, 713.61 and 713.74 . . . it is not very well articulated, Grinnell’s lien claim is based on Fla.Stat. §§ 713.50, 713.61 and 713.74 . . .

In FORFEITURE OF ONE CIGARETTE BOAT, FL REGISTRATION NO. FL- D. V. A. INC. v. TOWN OF GOLDEN BEACH,, 498 So. 2d 960 (Fla. Dist. Ct. App. 1986)

. . . See §§ 679.310, 713.74, Fla.Stat. (1985); cf. Smith v. . . .

J. W. POPE, v. UNITED STATES,, 9 Cl. Ct. 479 (Cl. Ct. 1986)

. . . less the required reduction; and (2) Devote to conservation uses as prescribed in §§ 713.60 through 713.74 . . .

ASSOCIATES COMMERCIAL CORPORATION s v. T. ROSS, d b a, 465 So. 2d 663 (Fla. Dist. Ct. App. 1985)

. . . repairman’s lien rights continue beyond the three month period of possession provided for in section 713.74 . . . Section 713.74, in conjunction with other statutory provisions, provides for the creation and duration . . . of liens acquired on personal property by the performing of labor or by the furnishing of materials: 713.74 . . . this case, as in Eastern Airlines, at issue is the duration of the statutory lien created by section 713.74 . . . Second, because of the bond procedure of section 559.917, the interpretation of 713.74 provided in Eastern . . .

In JET EXECUTIVE INTERNATIONAL, INC. NORTH AMERICAN AIRLINES, INC. a d b a v. B. McCRACKEN,, 27 B.R. 61 (Bankr. S.D. Fla. 1983)

. . . . § 713.74, this lien right, which arises upon performance of the labor, is only perfected against purchasers . . .

In GARLAND CORPORATION, LUI- M CORPORATION, v. GARLAND CORPORATION,, 6 B.R. 452 (Bankr. D. Mass. 1980)

. . . of not more than $500 or imprisonment in the county jail for not more than 3 months. and by Section 713.74 . . . and creditors without notice” as is made clear, as even counsel for Lui-M concedes in his brief, by § 713.74 . . .

EASTERN AIRLINES EMPLOYEES FEDERAL CREDIT UNION, a v. LAUDERDALE YACHT BASIN, INC. a, 334 So. 2d 175 (Fla. Dist. Ct. App. 1976)

. . . . § 713.74 (1973) which reads as follows: “As against the owner of personal property upon which a lien . . . purchasers, and the mechanic’s lien priority as against prior creditors without notice is created, not by § 713.74 . . .

A. ROBERTS, d b a v. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF MANATEE COUNTY,, 222 So. 2d 32 (Fla. Dist. Ct. App. 1969)

. . . which this lien attaches to the property is determined by either Section 85.25 or Section 85.26 (now § 713.74 . . . privity with the owner of the land his lien is perfected as provided for in Fla.Stat. § 85.25 (now § 713.74 . . .