(1) Liens under ss. 713.03 and 713.04 shall attach at the time of recordation of the claim of lien and shall take priority as of that time.
(2) Liens under ss. 713.05 and 713.06 shall attach and take priority as of the time of recordation of the notice of commencement, but in the event a notice of commencement is not filed, then such liens shall attach and take priority as of the time the claim of lien is recorded.
(3) All such liens shall have priority over any conveyance, encumbrance or demand not recorded against the real property prior to the time such lien attached as provided herein, but any conveyance, encumbrance or demand recorded prior to the time such lien attaches and any proceeds thereof, regardless of when disbursed, shall have priority over such liens.
(4) If construction ceases or the direct contract is terminated before completion and the owner desires to recommence construction, he or she may pay all lienors in full or pro rata in accordance with s. 713.06(4) prior to recommencement in which event all liens for the recommenced construction shall take priority from such recommencement; or the owner may record an affidavit in the clerk’s office stating his or her intention to recommence construction and that all lienors giving notice have been paid in full except those listed therein as not having been so paid in which event 30 days after such recording, the rights of any person acquiring any interest, lien, or encumbrance on said property or of any lienor on the recommenced construction shall be paramount to any lien on the prior construction unless such prior lienor records a claim of lien within said 30-day period. A copy of said affidavit shall be served on each lienor named therein. Before recommencing, the owner shall record and post a notice of commencement for the recommenced construction, as provided in s. 713.13.
History.—s. 1, ch. 63-135; s. 6, ch. 65-456; s. 35, ch. 67-254; s. 804, ch. 97-102; s. 6, ch. 2007-221.
Note.—Former s. 84.071.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 713 - Liens, Generally
Part I - Construction Liens (Ss. 713.001-713.37)
713.001 - Short title of part.
713.012 - Written notices, demands, or requests.
713.015 - Mandatory provisions for direct contracts.
713.02 - Types of lienors and exemptions.
713.03 - Liens for professional services.
713.04 - Subdivision improvements.
713.05 - Liens of persons in privity.
713.06 - Liens of persons not in privity; proper payments.
713.09 - Single claim of lien.
713.11 - Liens for improving land in which the contracting party has no interest.
713.13 - Notice of commencement.
713.132 - Notice of termination.
713.135 - Notice of commencement and applicability of lien.
713.14 - Application of money to materials account.
713.15 - Repossession of materials not used.
713.16 - Demand for copy of contract and statements of account; form.
713.165 - Request for list of subcontractors and suppliers.
713.17 - Materials not attachable for debts of purchaser.
713.18 - Manner of serving notices and other instruments.
713.20 - Waiver or release of liens.
713.235 - Waivers of right to claim against payment bond; forms.
713.24 - Transfer of liens to security.
713.245 - Conditional payment bond.
713.25 - Applicability of ch. 65-456.
713.30 - Other actions not barred.
713.31 - Remedies in case of fraud or collusion.
713.32 - Insurance proceeds liable for demands.
713.33 - Disbursing agent and others may rely on owner’s notices.
713.345 - Moneys received for real property improvements; penalty for misapplication.
713.346 - Payment on construction contracts.
713.3471 - Lender responsibilities with construction loans.