Which of the following is NOT TRUE regarding F.S. 713?

The correct response is that "an in privity contractor must file a notice to owner within 45 days of first starting the work" is not true because, under Florida Statutes 713, only contractors who are not in privity with the owner (such as subcontractors and suppliers) are required to file a notice to owner within a specific timeframe. In privity contractors, those who have a direct contractual relationship with the property owner, typically do not need to file this notice to enforce their lien rights.

Understanding the context of Florida’s mechanics lien law clarifies this point. The requirement for a notice to owner primarily serves to inform the property owner of any potential claims against their property by parties that are not directly contracted with them. Thus, in privity contractors, by virtue of their direct relationship with the owner, generally possess inherent rights to enforce a lien without the need for advance notice.

Other statements regarding F.S. 713 correctly convey aspects of lien rights and enforcement: lien rights can indeed be waived under certain circumstances, suppliers or material men supplying another material man typically do not have a lien right, and a lien cannot be enforced by a party who is unlicensed at the time of the lien claim. These reflect specific nuances within the statutes