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Florida Statute 713.03 | Lawyer Caselaw & Research
F.S. 713.03 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. 713.03
713.03 Liens for professional services.
(1) Any person who performs services as architect, landscape architect, interior designer, engineer, or surveyor and mapper, subject to compliance with and the limitations imposed by this part, has a lien on the real property improved for any money that is owing to him or her for his or her services used in connection with improving the real property or for his or her services in supervising any portion of the work of improving the real property, rendered in accordance with his or her contract and with the direct contract.
(2) Any architect, landscape architect, interior designer, engineer, or surveyor and mapper who has a direct contract and who in the practice of his or her profession shall perform services, by himself or herself or others, in connection with a specific parcel of real property and subject to said compliances and limitations, shall have a lien upon such real property for the money owing to him or her for his or her professional services, regardless of whether such real property is actually improved.
(3) No liens under this section shall be acquired until a claim of lien is recorded. No lienor under this section shall be required to serve a notice to owner as provided in s. 713.06(2) or an affidavit concerning unpaid lienors as provided in s. 713.06(3).
History.s. 1, ch. 63-135; s. 1, ch. 65-456; s. 35, ch. 67-254; s. 3, ch. 77-353; s. 2, ch. 85-103; s. 3, ch. 90-109; s. 121, ch. 94-119; s. 802, ch. 97-102.
Note.Former s. 84.031.

F.S. 713.03 on Google Scholar

F.S. 713.03 on Casetext

Amendments to 713.03


Arrestable Offenses / Crimes under Fla. Stat. 713.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.03.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In TRILOGY DEVELOPMENT COMPANY, LLC, v. BB, 468 B.R. 854 (Bankr. W.D. Mo. 2011)

. . . . § 713.03 (1987). . . . intended use, such services were not related to improvement of real property within the intent of section 713.03 . . .

DISTRICT BOARD OF TRUSTEES, v. R. MORGAN,, 890 So. 2d 1155 (Fla. Dist. Ct. App. 2004)

. . . held that the architect was precluded from, asserting a lien because it was in violation of section 713.03 . . .

NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, v. FORTUNE CONSTRUCTION COMPANY,, 320 F.3d 1260 (11th Cir. 2003)

. . . . § 713.03. . . .

O. KELLER, v. NEWMAN SONS, INC,, 756 So. 2d 120 (Fla. Dist. Ct. App. 2000)

. . . shall not pay any money on account of a direct contract prior to recording of the notice provided in s. 713.03 . . .

DEPARTMENT OF TRANSPORTATION, v. SPRINGS LAND INVESTMENTS LTD., 695 So. 2d 414 (Fla. Dist. Ct. App. 1997)

. . . McIntosh and Associates filed a claim of lien on both parcels under § 713.03 for the amount Springs Land . . .

In CJW LIMITED, INC. W. GRANT, CJW v. I. B. DAVIS A., 172 B.R. 675 (Bankr. M.D. Fla. 1994)

. . . Likewise, because § 713.03(4)(a) governs each item required for perfection, referring to a contract with . . .

ALFRED KARRAM, III, INC. a v. A. CANTOR,, 634 So. 2d 210 (Fla. Dist. Ct. App. 1994)

. . . With regard to Appellant’s mechanic’s lien claim, section 713.03, Florida Statutes, provides: (1) Any . . . With respect to the judgment’s denial of the lien claim, subpart (2) of section 713.03 specifically limits . . .

J. CABARROCAS, v. RESOLUTION TRUST CORPORATION, 840 F. Supp. 888 (S.D. Fla. 1993)

. . . Stat. 713.03 As support for its argument that Plaintiff had no contract or direct contract to perform . . . This, in turn, would trigger the application of Fla.Stat. 713.03(2), which would grant Plaintiff a lien . . . Stat. 713.03(1) is, again, a mixed question of law and fact.. . . . evidence that the services performed by Plaintiff improved the property within the meaning of Fla.Stat. 713.03 . . .

DUVAL ASPHALT PRODUCTS, INC. v. E. VAUGHN RIVERS, INC. a a, 620 So. 2d 1043 (Fla. Dist. Ct. App. 1993)

. . . owner, a contractor, a subcontractor or a sub-subcontractor; and professional lienors under section 713.03 . . .

In KECSKES, FAIRWAY GOLFVIEW HOMES, INC. v. KECSKES,, 136 B.R. 578 (Bankr. S.D. Fla. 1992)

. . . The Petition expressly alleged that Kecskes willfully violated Sections 713.31 and 713.03, Florida Statutes . . .

O KON AND COMPANY, INC. v. A. RIEDEL, C. Jr. G. d b a RSW a, 588 So. 2d 1025 (Fla. Dist. Ct. App. 1991)

. . . alternatively that with respect to O’Kon’s claim of lien, that the mechanic’s lien statute itself, section 713.03 . . .

MILLER CONSTRUCTION COMPANY, v. FIRST INDUSTRIAL TECHNOLOGY CORP., 576 So. 2d 748 (Fla. Dist. Ct. App. 1991)

. . . based on our conclusion that Miller does not have a valid mechanics’ lien pursuant to either section 713.03 . . . In construing section 713.03, Florida Statutes (1987), we find that it is not applicable to the instant . . . Section 713.03 provides in pertinent part as follows: (1) Any person who performs services as architect . . . Section 713.03 is not applicable for several reasons. . . . Second, section 713.03(1) requires that the real property be improved. . . .

In HOWE HOWE v. F. VAUGHAN,, 913 F.2d 1138 (5th Cir. 1990)

. . . Id. at ¶ 713.03, at 7-205. . D-1 Enterprises, Inc. v. . . .

In HOWE HOWE v. F. VAUGHAN,, 913 F.2d 1138 (5th Cir. 1990)

. . . Id. at ¶ 713.03, at 7-205. . D-1 Enterprises, Inc. v. . . .

ROBERT M. SWEDROE, ARCHITECT PLANNERS, A. I. A. P. A. v. FIRST AMERICAN INVESTMENT CORPORATION,, 565 So. 2d 349 (Fla. Dist. Ct. App. 1990)

. . . The applicable provision, section 713.03, Florida Statutes (1987), provides: (1)Any person who performs . . . intended use, such services were not related to improvement of real property within the intent of section 713.03 . . . arbitration proceeding is not a lienable contract item under the “direct contract” provisions of section 713.03 . . . Subsection (2) of section 713.03 authorizes an architect who has a direct contract with the owner to . . . services and report preparation were related to improvement of the property as contemplated by section 713.03 . . .

In H. LAWLER, H. LAWLER, v. GUILD, HAGEN CLARK, LTD., 106 B.R. 943 (N.D. Tex. 1989)

. . . Accord 13 Moore and King, Collier on Bankruptcy ¶713.03[1] at 7-204 to 7-205 (14th ed. 1977); 9 King, . . .

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

. . . separate and stands alone and only § 713.06(2) mandates a notice to owner, why did the legislature under § 713.03 . . .

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

. . . Lienors in privity (§ 713.05), professional lienors (§ 713.03), and lienors who make the site suitable . . .

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

. . . to first official action not permitted unless for limited purpose of discovering field of search); § 713.03 . . .

O KON AND COMPANY, INC. v. A. RIEDEL, C. Jr. G. d b a RSW, 540 So. 2d 836 (Fla. Dist. Ct. App. 1988)

. . . To interpret the phrase “[a]ny person who performs services as architect ...” in section 713.03, Florida . . . We agree with appellees that section 713.03(2) should be read in pari materia with section 481.-203, . . . Also, as appel-lees argue, section 713.03(2) provides that only an architect with a direct contract ( . . . Neither the provisions in section 713.03(1) nor section 713.03(2) allow O’Kon to file a mechanic’s lien . . . (Emphasis supplied.) 713.03 Liens for professional services.— (1) Any person who performs services as . . .

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

. . . confusion inherent in the mechanic's lien statutes, our sister court concluded that each of sections 713.03 . . .

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

. . . owner, a contractor, a subcontractor, or a sub-subcontractor, or a professional lienor under Section 713.03 . . .

BRACCO, v. CARDOZO G., 434 So. 2d 1024 (Fla. Dist. Ct. App. 1983)

. . . owner, a contractor, a subcontractor or a sub-subcontractor; or (f) A professional lienor under s. 713.03 . . .

HUTTON, v. L ENTERPRISES, INC., 431 So. 2d 277 (Fla. Dist. Ct. App. 1983)

. . . professional engineer, he is exempt from the requirements of furnishing the affidavit by virtue of section 713.03 . . .

CANTERINO, v. WILSON,, 562 F. Supp. 106 (C.C.W.D. Ky. 1983)

. . . This Court, in its Memorandum Opinion, interpreted Internal Management Directive (IMD) 713.03(D)(1) as . . . IMD 713.03(D)(1), Exhibit PX — 22, specifically limits the issuance of incident reports to “... only . . . In this action, the record reflects that the Kentucky Department of Corrections, through IMD 713.03(D . . . officer may only issue an incident report if he or she personally witnessed the incident pursuant to IMD 713.03 . . .

GRINDLAYS BANK LIMITED, v. CHARLES BASSETT ASSOCIATES, INC., 378 So. 2d 69 (Fla. Dist. Ct. App. 1979)

. . . Compare Section 5355, C.G.L. (1927), with Sections 713.01(4), (12), 713.03, Florida Statutes (1977). . . .

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

. . . owner, a contractor, a subcontractor, or a subsubcontractor, or (f) A professional lienor under s. 713.03 . . .

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 . . . The appellant also argues that since both § 713.03 and § 713.05 specifically state that no notice is . . . and stands alone and only § 713.-06(2) mandates a notice to owner, why did the legislature under § 713.03 . . .

ARCHITECTONICS, INC. v. SALEM- AMERICAN VENTURES, INC., 350 So. 2d 581 (Fla. Dist. Ct. App. 1977)

. . . Section 713.03, Fla.Stat. (1975). . . .

CINCINNATI INSURANCE COMPANY v. PUTNAM, 335 So. 2d 855 (Fla. Dist. Ct. App. 1976)

. . . Florida Statutes, by virtue of an exemption granted for professional services as set forth in section 713.03 . . .

C. DYKEMA, v. TRANS STATE INDUSTRIES, INC., 303 So. 2d 52 (Fla. Dist. Ct. App. 1974)

. . . The appellant was not paid in full and, on December 7, 1972, as provided by Section 713.03(3), Florida . . .

S. WARSHAW, v. PYMS, 266 So. 2d 355 (Fla. Dist. Ct. App. 1972)

. . . Section 713.03 Fla.Stat., F.S.A. entitled: “Liens for professional services,” in subsection (1) provides . . . Subsection (2) of § 713.03, on which the plaintiff is proceeding in this case, is applicable where services . . . plaintiff was not entitled to a lien because he did not have a “direct contract” within the meaning of § 713.03 . . .

KOHLER- CAMPBELL CORPORATION, v. UNITED STATES, 189 F. Supp. 818 (W.D.N.C. 1960)

. . . Department assessed an additional tax in the amount of $4,500, and this amount together with interest of $713.03 . . .