Florida Statutes

Fla. Stat. § 85.031 (2025)

Remedies against personal property only; all lienors.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 15 cases, 1974–1998 · leading case: Hann v. Carson, 462 F. Supp. 854 (M.D. Fla. 1978).

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Hann v. Carson, 462 F. Supp. 854 (M.D. Fla. 1978). · cites it 12× “Additionally, the Court holds that defendants Carson and Monroe are liable to plaintiff for any actual damages that he may be able to prove resulting from the withholding of his car under the authority of Fla. Stat. § 85.031 (3). The Court’s decision in this case, granting…”

First Nat. Com., Etc. v. Indiana Nat. Bank, 360 So. 2d 791 (Fla. 3d DCA 1978). · cites it 12× “One of the defendants named was First National Commerce and Finance Company, who had purchased the aircraft at a mechanic's lien sale pursuant to Section 85.031(2), Florida Statutes (1975).”

Richwagen v. Lilienthal, 386 So. 2d 247 (Fla. 4th DCA 1980). · cites it 6× “Such lien for labor or services on personal property appears in Part II of Chapter 713, Florida Statutes (1975) and may be enforced by a sale of the personal property pursuant to Section 85.031, Florida Statutes (1975). However, unlike Section 677.”

Moore Int'l Trucks, Inc. v. Foothill Capital Corp., 560 So. 2d 1301 (Fla. 2d DCA 1990). · cites it 4× “585, which are detailed and comprehensive, are tailored for the 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.”

Murrell v. Trio Towing Serv., Inc., 294 So. 2d 331 (Fla. 3d DCA 1974). · cites it 2× “[2] We note that if plaintiff's car had been towed away pursuant to police authority, then F.S. § 85.031 F.S.A. would be applicable.”

Midland-Guardian Co. v. Hagin, 370 So. 2d 25 (Fla. 2d DCA 1979). · cites it 2× “" In January 1975 the mobile home was sold at public sale pursuant to § 85.031(3), Fla. Stat. (1973) for unpaid storage charges owed by Adkins to appellee Brooker.”

Hobbs v. Tom Norton Motor Co., 373 F. Supp. 956 (S.D. Fla. 1974). · cites it 7× “For the reasons stated above denying the convocation of a Three-Judge Court, it is apparent that the Attorney General is not a proper party to this action.”

State v. Miller, 373 So. 2d 677 (Fla. 1979). · cites it 2× “— 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…”

Lake v. Irrgang, 391 So. 2d 735 (Fla. 4th DCA 1980). · cites it 4× “Appellant Sheldon Lake timely appeals a finding that he lacked sufficient title to sell a boat which he had bought through a supposedly invalid mechanics’ lien sale under Section 85.031(2), Florida Statutes (1975).”

Bernier v. Broward Marine, Inc., 504 So. 2d 1379 (Fla. 4th DCA 1987). · cites it 15× “4th DCA 1980), for the position that a lien for storage charges may be enforced pursuant to section 85.031. However, the vessel in Rich-wagen, that arguably could have been sold under section 85.”

Assocs. Com. Corp. v. Ross, 465 So. 2d 663 (Fla. 4th DCA 1985). · cites it 2× “011(1) and section 85.031, Florida Statutes (1983), which provide: 85.”

Broward Marine, Inc. v. Bernier, 453 So. 2d 868 (Fla. 4th DCA 1984). · cites it 3× “60, 2 Florida Statutes (1983), Broward Marine sold *869 “the Dagon” pursuant to section 85.031(2), Florida Statutes (1983).”

Show all 15 citing cases →

— 85.031(2) — 9 cases

First Nat. Com., Etc. v. Indiana Nat. Bank, 360 So. 2d 791 (Fla. 3d DCA 1978). “One of the defendants named was First National Commerce and Finance Company, who had purchased the aircraft at a mechanic's lien sale pursuant to Section 85.031(2), Florida Statutes (1975).”

Moore Int'l Trucks, Inc. v. Foothill Capital Corp., 560 So. 2d 1301 (Fla. 2d DCA 1990). “585, which are detailed and comprehensive, are tailored for the 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.”

Hobbs v. Tom Norton Motor Co., 373 F. Supp. 956 (S.D. Fla. 1974). “For the reasons stated above denying the convocation of a Three-Judge Court, it is apparent that the Attorney General is not a proper party to this action.”

State v. Miller, 373 So. 2d 677 (Fla. 1979). “— 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…”

Lake v. Irrgang, 391 So. 2d 735 (Fla. 4th DCA 1980). “Appellant Sheldon Lake timely appeals a finding that he lacked sufficient title to sell a boat which he had bought through a supposedly invalid mechanics’ lien sale under Section 85.031(2), Florida Statutes (1975).”

— 85.031(3) — 3 cases

Hann v. Carson, 462 F. Supp. 854 (M.D. Fla. 1978). “Additionally, the Court holds that defendants Carson and Monroe are liable to plaintiff for any actual damages that he may be able to prove resulting from the withholding of his car under the authority of Fla. Stat. § 85.031 (3). The Court’s decision in this case, granting…”

Midland-Guardian Co. v. Hagin, 370 So. 2d 25 (Fla. 2d DCA 1979). “" In January 1975 the mobile home was sold at public sale pursuant to § 85.031(3), Fla. Stat. (1973) for unpaid storage charges owed by Adkins to appellee Brooker.”

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