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Florida Statute 85.031 | Lawyer Caselaw & Research
F.S. 85.031 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 85.031

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 85
ENFORCEMENT OF STATUTORY LIENS
View Entire Chapter
F.S. 85.031
85.031 Remedies against personal property only; all lienors.
(1) BY INJUNCTION AND ATTACHMENT.If any person entitled to a lien under part II of chapter 713 on personal property has reason to believe that it is about to be removed from the county in which it is, the person may enjoin its removal in the manner provided for enjoining the removal of property subject to a mortgage or, if the lien has been perfected, may attach it in the manner provided for attachment in aid of foreclosure of mortgages.
(2) BY SALE WITHOUT JUDICIAL PROCEEDINGS.When any person entrusts to any mechanic or laborer, materials with which to construct, alter, or repair any article of value, or any article of value to be altered or repaired, and if the article is completed and not taken away, and the reasonable charges not paid, such mechanic or laborer may sell it after 3 months from the time such charges become due at public auction for cash but before the sale the mechanic or laborer shall give public notice of the time and place thereof, by notices posted for 10 days in 3 public places in the county, one of which shall be at the courthouse, and another in some conspicuous part of his or her shop or place of business. The proceeds of the sale, after payment of charges for construction or repair with the costs of the sale, shall be deposited with the clerk of the circuit court for the county, if the owner is absent, where they shall remain subject to the order of the person legally entitled thereto. The clerk shall be entitled to receive 5 percent on the proceeds for the care and disbursement thereof. Any person claiming a lien under s. 713.65, of part II of chapter 713, may enforce it by sale without judicial proceedings in the manner set forth herein after 1 month after the time the charges for which a lien is claimed become due.
History.RS 1745; GS 2214; RGS 3521; CGL 5384; s. 2, ch. 25048, 1949; s. 1, ch. 57-94; s. 37, ch. 67-254; ss. 24, 35, ch. 69-106; s. 1, ch. 70-89; s. 2, ch. 79-244; s. 457, ch. 95-147.
Note.Former s. 86.08.

F.S. 85.031 on Google Scholar

F.S. 85.031 on Casetext

Amendments to 85.031


Arrestable Offenses / Crimes under Fla. Stat. 85.031
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 85.031.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. LLOYD, v. BRENBEMUEHL d b a, 714 So. 2d 1154 (Fla. Dist. Ct. App. 1998)

. . . Lloyd appeals a declaratory judgment proclaiming subsection 85.031(2), Florida Statutes (1995), constitutional . . . manner through judicial process, or it may be enforced through the self-help provisions of section 85.031 . . . That section provides: 85.031 Remedies against personal property only; all lienors.— * * * * * * * * . . . the Florida legislature has not invoked state action through the self-help provisions of subsection 85.031 . . . We affirm the trial court’s determination that section 85.031, Florida Statutes (1995) is constitutional . . .

MOORE INTERNATIONAL TRUCKS, INC. v. FOOTHILL CAPITAL CORPORATION,, 560 So. 2d 1301 (Fla. Dist. Ct. App. 1990)

. . . trial court ruled that section 713.585, which concerns liens on motor vehicles, governs over section 85.031 . . . the merits of this appeal, we conclude that the trial court properly ruled that as between sections 85.031 . . . Though the two statutes overlap, section 85.031(2) pertains generally to liens on personal property while . . . type of situation involved here, and were enacted while the more generalized provisions of section 85.031 . . . were in effect, the legislature intended that section 85.031 could continue to govern this situation . . .

BOYD, v. PANAMA CITY BOAT YARD, INC., 522 So. 2d 1058 (Fla. Dist. Ct. App. 1988)

. . . Ap-pellee proceeded to sell it in a nonjudicial sale pursuant to Section 85.031(2) Florida Statutes, . . . At issue is what, if any, preclusive effect a nonjudicial sale conducted pursuant to Section 85.031(2 . . . We find nothing in Section 85.031 or elsewhere which indicate an intent that a nonjudicial sale under . . . Section 85.031(2) provides in pertinent part: 85.031 Remedies against personal property only; all lienors . . . The Legislature has not, however, chosen to amend Section 85.031. . . . .

P. BERNIER, v. BROWARD MARINE, INC., 504 So. 2d 1379 (Fla. Dist. Ct. App. 1987)

. . . The trial court held that section 85.031(2), Florida Statutes, which pertains to non-judicial sale of . . . The trial court held the vessel was a dead ship, so that the federal law did not preempt section 85.031 . . . 713.60, Florida Statutes, Broward Marine sold the Dagon in accordance with the provisions of section 85.031 . . . III.Whether the trial court erred in determining that section 85.031(2) Florida Statutes applied. . . . However, the vessel in Rich-wagen, that arguably could have been sold under section 85.031 (had that . . .

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 . . . ) months by the person entitled to the lien, if he was in possession at the time the lien attached. 85.031 . . . Third, because sections 85.011 and 85.031, Florida Statutes, provide, respectively, for a three month . . .

BROWARD MARINE, INC. v. P. BERNIER,, 453 So. 2d 868 (Fla. Dist. Ct. App. 1984)

. . . 713.58(1) and 713.60, Florida Statutes (1983), Broward Marine sold “the Dagon” pursuant to section 85.031 . . . The trial court agreed, holding that 46 U.S.C.A. § 975 (West 1975) preempts the operation of section 85.031 . . .

LAKE, v. J. IRRGANG, Jr. W. P. M. a, 391 So. 2d 735 (Fla. Dist. Ct. App. 1980)

. . . to sell a boat which he had bought through a supposedly invalid mechanics’ lien sale under Section 85.031 . . . with Smith for several months, Temple prepared to sell the boat at public auction pursuant to Section 85.031 . . .

L. RICHWAGEN, v. LILIENTHAL,, 386 So. 2d 247 (Fla. Dist. Ct. App. 1980)

. . . Clark answered the letter of the marina, and explained how to sell boats under Florida Statute 85.031 . . . Florida Statutes (1975) and may be enforced by a sale of the personal property pursuant to Section 85.031 . . . However, unlike Section 677.210, Section 85.031 only permits a public sale and does not specify that . . . In the present ease, the sale to appellee was private and not in compliance with Section 85.031. . . . support a lien under Section 713.58, there was non-compliance with the procedures required by Section 85.031 . . .

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

. . . . § 85.031(2), Fla.Stat. (1977): BY SALE WITHOUT JUDICIAL PROCEEDINGS. — When any person entrusts to . . .

MIDLAND- GUARDIAN COMPANY, v. T. HAGIN, A. R., 370 So. 2d 25 (Fla. Dist. Ct. App. 1979)

. . . In January 1975 the mobile home was sold at public sale pursuant to § 85.031(3), Fla.Stat. (1973) for . . .

V. HANN, v. CARSON, M. E. a d b a s, 462 F. Supp. 854 (M.D. Fla. 1978)

. . . . § 85.031(3) facially, or by an interpretive application, affords sufficient due process to satisfy . . . Fla.Stat. § 85.031(3). Cf. Young v. Robinson, 585 F.2d 723, 725 and nn. 1-3 (5th Cir. 1978). . . . Conclusion The Court declares Fla.Stat. § 85.031(3) to be unconstitutional because it authorizes a final . . . Accordingly, the Court will enjoin enforcement of Fla.Stat. § 85.031(3). . . . Stat. § 85.031(3). . . .

YOUNG, v. C. ROBINSON, d b a, 585 F.2d 723 (5th Cir. 1978)

. . . . § 85.031(3). . . . .

FIRST NATIONAL COMMERCE AND FINANCE COMPANY, v. INDIANA NATIONAL BANK,, 360 So. 2d 791 (Fla. Dist. Ct. App. 1978)

. . . issue before the Court is whether the sale of an aircraft conducted pursuant to Florida Statutes § 85.031 . . . “If Florida Statute § 85.031(2) allowed a mechanic in possession to extinguish by sale prior liens, without . . . Therefore, we hold that taking into consideration Sections 85.031(2) and 679.9-310, Florida Statutes . . . By Section 85.031(2), Florida Statutes (1975), the lien holder, Cort, was entitled to sell the plane . . .

H. YOUNGER v. PLUNKETT, 395 F. Supp. 702 (E.D. Pa. 1975)

. . . . § 85.031 F.S.A. would be applicable. . . . .

E. MURRELL, v. TRIO TOWING SERVICE, INC. a, 294 So. 2d 331 (Fla. Dist. Ct. App. 1974)

. . . . § 85.031 F.S.A. would be applicable. . . . .

B. HOBBS, v. TOM NORTON MOTOR COMPANY, 373 F. Supp. 956 (S.D. Fla. 1974)

. . . . § .1983 and seeks a declaratory judgment that Florida Statutes §§ 85.031(2), 85.031 (3) , 713.58(2) . . . Briefly summarized, the Florida Statutes under attack are as follows: 1. § 85.031(2) — Remedy of lienor . . . against personal property by sale without judicial proceedings after public notice; 2. § 85.031(3) — . . . (2), F.S.A. and in particular § 85.031(3). . . . Florida Statutes § 85.031(2) and (3), F.S.A. are self-help statutes enforced by the private lienholders . . .