Only
"real property" as that term is defined in Florida
Statutes section 713.01(24) can be subject to a construction
lien. Real property includes the land that is improved and
the improvements on the land, including fixtures. For purposes
of construction lien law, only privately owned real property
is subject to construction liens. Real property owned by
the Federal government, the State of Florida, any county,
municipality, school board, or governmental agency, commission,
or political subdivision is exempt from liens.
Real
property that is subject to a lease can pose special problems
under Florida’s construction lien law. The owner/lessor
of real property can protect the property from construction
liens that might otherwise arise due to improvements contracted
for by the lessee (and not at the direction of the owner)
if the owner includes a prohibition against the creation
of liens by the lessee in the written lease and also records
the lease or a short form notice of the relevant provision
of the lease in the official public records of the county(ies)
where the real property is located. Under these conditions,
only the lessee’s leasehold interest in the real property
will be subject to liens by those making improvements to
the leased property as a result of a contract entered into
by the lessee.
The
real property owned by an owner of a mobile home park is
exempt from liens arising from the furnishing of labor,
services, or materials to an owner of a mobile home who
rents space in the park from the park owner.
Real property that would otherwise be subject to construction
liens can be exempted from liens if an appropriate payment
bond is obtained and the applicable payment bond provisions
of the Florida Statutes are satisfied. These statutory
payment bond issues are addressed in more detail in other
sections.
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