eLaws of Florida

  SECTION 713.02. Types of lienors and exemptions.  


Latest version.
  • 1(1) 2Persons performing the services described in s. 9713.03 10shall have rights to a lien on real property as provided in that section.
    24(2) 25Persons performing services or furnishing materials for subdivision improvements as described in s. 38713.04 39shall have rights to a lien on real property as provided in that section.
    53(3) 54Persons who are in privity with an owner and who perform labor or services or furnish materials constituting an improvement or part thereof shall have rights to a lien on real property as provided in s. 90713.0591.
    92(4) 93Persons who are not in privity with an owner and who perform labor or services or furnish materials constituting a part of an improvement under the direct contract of another person shall have rights to a lien on real property as provided in s. 137713.06138.
    139(5) 140Any improvement for which the direct contract price is $2,500 or less shall be exempt from all other provisions of this part except the provisions of s. 168713.05169.
    170(6) 171The owner and contractor may agree that the contractor shall furnish a payment bond as provided in s. 189713.23, 190and upon receipt of the bond the owner is exempt from the other provisions of this part as to that direct contract, but this does not exempt the owner from the lien of the contractor who furnishes the bond. If the bond is provided, it shall secure all liens subsequently accruing under this part as provided in s. 248713.23249.
    250(7) 251Notwithstanding any other provision of this part, no lien shall exist in favor of any contractor, subcontractor, or sub-subcontractor who is unlicensed as provided in s. 277489.128 278or s. 280489.532281. Notwithstanding any other provision of this part, if a contract is rendered unenforceable by an unlicensed contractor, subcontractor, or sub-subcontractor pursuant to s. 305489.128 306or s. 308489.532, 309such unenforceability shall not affect the rights of any other persons to enforce contract, lien, or bond remedies and shall not affect the obligations of a surety that has provided a bond on behalf of the unlicensed contractor, subcontractor, or sub-subcontractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed as provided in s. 376489.128 377or s. 379489.532380.
History.-s. 1, ch. 63-135; s. 1, ch. 67-210; s. 35, ch. 67-254; s. 7, ch. 69-97; ss. 2, 17, ch. 77-353; s. 1, ch. 78-397; s. 2, ch. 87-74; s. 15, ch. 87-310; s. 3, ch. 88-397; s. 801, ch. 97-102; s. 5, ch. 2001-211; s. 3, ch. 2003-257; s. 6, ch. 2005-227; s. 5, ch. 2007-221.

Note

Note.-Former s. 84.022.

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Cited by Court Cases:

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