Florida Statute 85.011 | Lawyer Caselaw & Research

The 2024 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.

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 Citing Statute 85.011

Total Results: 19

STATE OF FLORIDA v. ANDREW SCOTT CROSE

Court: District Court of Appeal of Florida | Date Filed: 2024-01-26

Snippet: release date, the Attorney General issued Opinion 85-11, which, construing section 947.16, Florida Statutes

Pipeline Constructors, Inc. v. The Transition House, Inc., a Florida Corporation

Court: District Court of Appeal of Florida | Date Filed: 2018-10-18

Citation: 257 So. 3d 606

Snippet: the circuit court on December 27, 2016. See §§ 85.011, 713.06, Fla. Stat. Although Transition House

Robert B. Leftwich v. Florida Department of Corrections

Court: Supreme Court of Florida | Date Filed: 2014-09-18

Citation: 148 So. 3d 79, 39 Fla. L. Weekly Supp. 565, 2014 Fla. LEXIS 2822, 2014 WL 4638692

Snippet: sen*84tences. Id. at 1249 (citing 1985 Op. Att’y Gen. Fla. 85-11 at 28 (1985)). In the opinion, the Attorney General

In Re Constitutionality of Resolution 1987

Court: Supreme Court of Florida | Date Filed: 2002-05-03

Citation: 817 So. 2d 819, 27 Fla. L. Weekly Supp. 443, 2002 Fla. LEXIS 874, 2002 WL 832612

Snippet: re Senate Joint Resolution 2G, 597 So.2d at 280-85;[11]In re Senate Joint Resolution 1 E, 414 So.2d at

Burns v. GCC Beverages, Inc.

Court: Supreme Court of Florida | Date Filed: 1986-12-24

Citation: 502 So. 2d 1217, 12 Fla. L. Weekly 17, 1986 Fla. LEXIS 3074

Snippet: expressly followed Ward v. Allen, 152 Fla. 82, 85, 11 So.2d 193, 195 (1942), which had explained that:

Lowry v. Parole and Probation Com'n

Court: Supreme Court of Florida | Date Filed: 1985-06-13

Citation: 473 So. 2d 1248, 10 Fla. L. Weekly 314

Snippet: of Florida rendered Attorney General's Opinion 85-11 and sent it to commission. That opinion states that

Moore v. Wainwright

Court: District Court of Appeal of Florida | Date Filed: 1985-05-14

Citation: 469 So. 2d 882, 10 Fla. L. Weekly 1211, 1985 Fla. App. LEXIS 14285

Snippet: 13, 1985. That opinion, 1985 Op.Att’y.Gen.Fla. 85-11 (Feb. 13, 1985), reported in part at 10 F.L.W. 4

Associates Commercial Corp. v. Ross

Court: District Court of Appeal of Florida | Date Filed: 1985-03-27

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

Snippet: found in section 85.011(1) and section 85.031, Florida Statutes (1983), which provide: 85.011 Enforcement

Owens v. State

Court: District Court of Appeal of Florida | Date Filed: 1985-01-29

Citation: 463 So. 2d 408, 10 Fla. L. Weekly 302

Snippet: Appellant, v. The STATE of Florida, Appellee. No. 85-11. District Court of Appeal of Florida, Third District

Florida Bar v. Powers

Court: Supreme Court of Florida | Date Filed: 1984-10-18

Citation: 458 So. 2d 264, 9 Fla. L. Weekly 457, 1984 Fla. LEXIS 3447

Snippet: he first undertook to “handle her affairs.” (T. 85) 11. Subsequently in his testimony, during the period

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

Court: District Court of Appeal of Florida | Date Filed: 1983-09-14

Citation: 438 So. 2d 882

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

State v. Miller

Court: Supreme Court of Florida | Date Filed: 1979-07-18

Citation: 373 So. 2d 677, 1979 Fla. LEXIS 4755

Snippet: charges for which a lien is claimed become due. .§ 85.011(5), Fla.Stat. (1977): SUMMARY ACTION.— (a) By a

Spooner v. Askew

Court: Supreme Court of Florida | Date Filed: 1976-12-22

Citation: 345 So. 2d 1055

Snippet: counties reflected increases greater than Gadsden's 85%. [11] Ch. 70-243, Laws of Florida; Stiles v. Brown

Petition State Bar Association Re: Proposed Court Rules

Court: Supreme Court of Florida | Date Filed: 1938-01-08

Citation: 186 So. 280, 134 Fla. 851, 1938 Fla. LEXIS 1201

Snippet: Fla. 31; State, ex rel. Rude, v. Young, 30 Fla. 85, 11 So. 514; State, ex rel. Fowler, v. Finley, 30 Fla

State Ex Rel. Williams v. Whitman

Court: Supreme Court of Florida | Date Filed: 1933-10-03

Citation: 150 So. 136, 116 Fla. 196, 95 A.L.R. 1416, 1933 Fla. LEXIS 1636

Snippet: 302, 11 Sou. Rep. 500; State v. Young,30 Fla. 85, 11 Sou. Rep. 514; State ex rel. Tullidge, v. Hollingsworth

Gould v. State

Court: Supreme Court of Florida | Date Filed: 1930-03-26

Citation: 127 So. 309, 99 Fla. 662

Snippet: So. R. 674; State ex rel. Rude v. Young, 30 Fla. 85, 11 So. R. 514. The court has over attorneys a jurisdiction

State Ex Rel. Jordan v. Pattishall

Court: Supreme Court of Florida | Date Filed: 1930-02-08

Citation: 126 So. 147, 99 Fla. 296

Snippet: Teasdale, 21 Fla. 652; Rude v. Young, 30 Fla. 85, 11 So. R. 514; Fowler v. Finley, 30 Fla. 302, 11 So

Zachary v. State

Court: Supreme Court of Florida | Date Filed: 1907-01-15

Citation: 53 Fla. 94

Snippet: authorized. See State ex rel. Rude v. Young, 30 Fla. 85, 11 South. Rep. 514, and State ex rel. Fowler v. Finley

State ex rel. Fowler v. Finley

Court: Supreme Court of Florida | Date Filed: 1892-06-15

Citation: 30 Fla. 325

Snippet: Tayj,oií, J. : This cause was instituted in this court at the present term, and at the former hearing (30 Fla., 302, 11 South. Rep., 500)¿,the main facts of the case are fully stated. Our conclusion upon the former hearing was that the relator’s alternative writ was defective because-it failed to show a clear prima facie case of right in the relator, in that it contended that the charges preferred against him upon which he was disbarred were-insufficient and invalid, without setting up or presenting