Florida Statute 85.011 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

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Amendments to 85.011

Annotations, Discussions, Cases:

Cases Citing Statute 85.011

Total Results: 7

Barber v. Rader

350 F. Supp. 183, 1972 U.S. Dist. LEXIS 12177

District Court, S.D. Florida | Filed: Aug 28, 1972 | Docket: 1833877

Cited 16 times | Published

Chapter 713 liens, including the landlord's lien. Section 85.011 provides: All liens on real or personal property

Stel-Den of America, Inc. v. Roof Structures, Inc.

438 So. 2d 882

District Court of Appeal of Florida | Filed: Sep 14, 1983 | Docket: 1446446

Cited 10 times | Published

opinion ignores the plain language of Chapter 85. Section 85.011, Florida Statutes (1981), indicates that "[a]ll

MacQueen v. Lambert

348 F. Supp. 1334, 1972 U.S. Dist. LEXIS 11800

District Court, M.D. Florida | Filed: Sep 28, 1972 | Docket: 1856689

Cited 10 times | Published

landlord for at least three months. Fla.Stat. § 85.011(1), F.S.A. The lock out and imposition of the

Jones v. Preuit & Mauldin

851 F.2d 1321, 1988 WL 75928

Court of Appeals for the Eleventh Circuit | Filed: Aug 10, 1988 | Docket: 66236445

Cited 6 times | Published

Alabama’s mechanic’s lien statute. Alabama Code § 85-11-110 creates a lien in favor of a repairman against

Johnson v. Riverside Hotel, Inc.

399 F. Supp. 1138, 1975 U.S. Dist. LEXIS 16651

District Court, S.D. Florida | Filed: Aug 7, 1975 | Docket: 975092

Cited 6 times | Published

post-seizure procedures provided by Fla. Stat. § 85.011 do not cure the constitutional defects of Fla

Matter of Provincetown-Boston Airline, Inc.

67 B.R. 66, 1986 Bankr. LEXIS 5038

United States Bankruptcy Court, M.D. Florida | Filed: Oct 30, 1986 | Docket: 1098895

Cited 2 times | Published

506(b) of the Bankruptcy Code and Florida Statute § 85.011. PBA contends that Sekman's counsel did not keep

Associates Commercial Corp. v. Ross

465 So. 2d 663, 10 Fla. L. Weekly 806, 1985 Fla. App. LEXIS 13130

District Court of Appeal of Florida | Filed: Mar 27, 1985 | Docket: 64610726

Published

the holding of Eastern Airlines is found in section 85.011(1) and section 85.031, Florida Statutes (1983)