Florida Construction Liens: Improvements That Create An Enforceable Construction Lien

Previously in this series, I discussed the property that could be the subject of a construction lien. In this part, we take a look at the definition of improvement and the "permanent benefit" requirement.

The Florida Construction Lien Law defines an "improvement" as "any building, structure, construction, demolition, excavation, landscaping, or any part thereof existing, built, erected, placed, made or done on land or other real property for its permanent benefit." Fla. Stat. § 713.01(15)(emphasis added). Florida courts have been clear that items that are not permanent do not create enforceable construction liens. However, "permanent benefit" does not mean that the land must be made more valuable because of the addition. Rather, any permanent addition to the real property is considered an improvement. See E & E Elec. Co. v. Gold Coast 72nd St. Diner, Inc., 116 So. 2d 660 (Fla. 3d DCA 1959).