The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 85
ENFORCEMENT OF STATUTORY LIENS

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F.S. 85.011

85.011 Enforcement by persons in privity with the owner.—All liens on real or personal property provided for by part I or part II of chapter 713 are enforceable by persons in privity with the owners, except when otherwise provided, as follows:

(1) RETENTION OF POSSESSION.—By retention of possession of the property on which the lien has attached for a period of not exceeding 3 months by the person entitled to the lien, if the person was in possession at the time the lien attached.

(2) BY ACTION IN CHANCERY.—By an action in chancery, however this is the exclusive remedy for enforcement of liens on the separate statutory property of married women and against estates by the entireties.

(3) ORDINARY ACTION AT LAW.—By an ordinary action at law and levy of the execution obtained therein on the property on which the lien is held.

(4) SPECIAL ACTION AT LAW.—By an action at law in which the complaint shall state the manner in which the lien arose, the amount for which the lien is held, the description of the property and demand that the property be sold to satisfy the lien. The judgment for plaintiff is a personal judgment against defendant as well as a lien on the property, which it shall describe, and shall direct execution against the property, as well as against the property generally of defendant.

(5) SUMMARY ACTION.—

(a) By a person claiming a lien for labor performed, or claiming a landlord’s lien under s. 713.691, filing in the court having jurisdiction of the amount of the lien claimed, a complaint describing the property on which a lien is claimed and stating the facts which authorize or create the lien. Such person is entitled to the summary procedure under s. 51.011.

(b) If the issues are found for plaintiff, judgment shall be entered for the amount found to be due him or her with 15 percent attorney’s fee and costs. The judgment is a prior lien on the property described in the petition over all other liens accruing or that may be filed subsequent to the day the lien for such labor performed or unpaid rent accrued, but if such issues are found for defendant, judgment shall be entered dismissing the action.

History.—RS 1744; s. 13, ch. 5143, 1903; GS 2212; RGS 3519; s. 1, ch. 12079, 1927; CGL 5382; s. 2, ch. 29737, 1955; s. 15, ch. 63-559; s. 37, ch. 67-254; s. 9, ch. 73-330; s. 455, ch. 95-147.

Note.—Former ss. 86.01-86.06.

F.S. 85.011 on Google Scholar

F.S. 85.011 on Casetext

Amendments to 85.011

Arrestable Offenses / Crimes under Fla. Stat. 85.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 85.011.

Annotations, Discussions, Cases:

Cases from cite.case.law:

PIPELINE CONSTRUCTORS, INC. v. TRANSITION HOUSE, INC. a, 257 So. 3d 606 (Fla. App. Ct. 2018)

. . . See §§ 85.011, 713.06, Fla. Stat. . . .

In PROVINCETOWN- BOSTON AIRLINE, INC. a k a PBA,, 67 B.R. 66 (Bankr. M.D. Fla. 1986)

. . . (5) for the following reasons: (A) Sekman would not be entitled to bring an action under § 85.011(5) . . . Second, whether Sekman is enti-tied to attorney’s fees under § 85.011(5) of the Florida Statutes. . . . Section 85.011 provides the procedure for enforcement of statutory liens and as indicated supra, Sekman . . . The attorney’s fee provision under § 85.011 is very narrow and would not be allowed under any of the . . . Section 85.011(5)(a) requires the filing “in the court having jurisdiction of the amount of the lien . . .

ASSOCIATES COMMERCIAL CORPORATION s v. T. ROSS, d b a, 465 So. 2d 663 (Fla. Dist. Ct. App. 1985)

. . . Additional support for the holding of Eastern Airlines is found in section 85.011(1) and section 85.031 . . . , Florida Statutes (1983), which provide: 85.011 Enforcement by persons in privity with the owner All . . . Third, because sections 85.011 and 85.031, Florida Statutes, provide, respectively, for a three month . . .

STEL- DEN OF AMERICA, INC. a a v. ROOF STRUCTURES, INC. a, 438 So. 2d 882 (Fla. Dist. Ct. App. 1983)

. . . Section 85.011, Florida Statutes (1981), indicates that “[a] 11 liens on real or personal property provided . . .

STATE v. MILLER,, 373 So. 2d 677 (Fla. 1979)

. . . .§ 85.011(5), Fla.Stat. (1977): SUMMARY ACTION.— (a) By a person claiming a lien for labor performed, . . .

JOHNSON v. RIVERSIDE HOTEL, INC. a, 399 F. Supp. 1138 (S.D. Fla. 1975)

. . . . § 85.011 do not cure the constitutional defects of Fla.Stat. §§ 713.67-.69. . . .

E. v. LAMBERT, 348 F. Supp. 1334 (M.D. Fla. 1972)

. . . . § 85.011(1), F.S.A. . . .