Florida Statute 559.917 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

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F.S. 559.917

559.917 Bond to release possessory lien claimed by motor vehicle repair shop.—

(1)(a) A customer or a person of record claiming a lien against a motor vehicle may obtain the release of the motor vehicle from any lien claimed under part II of chapter 713 by a motor vehicle repair shop for repair work performed under a written repair estimate by filing with the clerk of the court in the circuit in which the disputed transaction occurred a cash or surety bond, payable to the person claiming the lien and conditioned for the payment of any judgment which may be entered on the lien. The bond shall be in the amount stated on the invoice required by s. 559.911, plus accrued storage charges, if any, less any amount paid to the motor vehicle repair shop as indicated on the invoice. The customer or person shall not be required to institute judicial proceedings in order to post the bond in the registry of the court and shall not be required to use a particular form for posting the bond unless the clerk provides such form to the customer or person for filing. Upon the posting of such bond, the clerk of the court shall automatically issue a certificate notifying the lienor of the posting of the bond and directing the lienor to release the motor vehicle.

(b) The lienor shall have 60 days to file suit to recover the bond. The prevailing party in that action may be entitled to damages plus court costs and reasonable attorney fees. If the lienor fails to file suit within 60 days after the posting of such bond, the bond shall be discharged by the clerk.

(2) The failure of a lienor to release or return to the customer or person the motor vehicle upon which any lien is claimed, upon receiving a copy of a certificate giving notice of the posting of the bond and directing release of the motor vehicle, shall subject the lienor to judicial proceedings which may be brought by the customer or person to compel compliance with the certificate. Whenever a customer or person brings an action to compel compliance with the certificate, the customer or person need only establish that:

(a) Bond in the amount of the invoice, plus accrued storage charges, if any, less any amount paid to the motor vehicle repair shop as indicated on the invoice, was posted;

(b) A certificate was issued pursuant to this section;

(c) The motor vehicle repair shop, or any employee or agent thereof who is authorized to release the motor vehicle, received a copy of a certificate issued pursuant to this section; and

(d) The motor vehicle repair shop or employee authorized to release the motor vehicle failed to release the motor vehicle.

The customer or person, upon a judgment in her or his favor in an action brought under this subsection, may be entitled to damages plus court costs and reasonable attorney fees sustained by her or him by reason of such wrongful detention or retention. Upon a judgment in favor of the motor vehicle repair shop, the shop may be entitled to reasonable attorney fees.

(3) A motor vehicle repair shop that, or an employee or agent thereof who is authorized to release the motor vehicle who, upon receiving a copy of a certificate giving notice of the posting of the bond in the required amount and directing release of the motor vehicle, fails to release or return the property to the customer or person pursuant to this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) A customer or person who stops payment on a credit card charge or a check drawn in favor of a motor vehicle repair shop on account of an invoice or who fails to post a cash or surety bond pursuant to this section shall be prohibited from any recourse under this section with respect to the motor vehicle repair shop.

History.—s. 1, ch. 80-139; s. 147, ch. 91-224; s. 827, ch. 97-103; s. 1, ch. 2019-73.

F.S. 559.917 on Google Scholar

F.S. 559.917 on Casetext

Amendments to 559.917

Arrestable Offenses / Crimes under Fla. Stat. 559.917

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

S559.917 - FRAUD - RENUMBERED. SEE REC # 8714 - M: S

S559.917 3 - FRAUD - FAIL TO RELEASE LIENED VEHICLE AFTER POST BOND - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 559.917

Total Results: 13

FGAP Investment Corp. v. Al Body and Glass of Coral Springs, LLC.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-04T00:00:00-07:00

Snippet: an award based on two statutes. First, section 559.917, Florida Statutes (2019), “Bond to release possessory…court costs and reasonable attorney’s fees.” § 559.917(1)(b), Fla. Stat. (2019) (emphasis added). Second…2008). The use of the word “may” in section 559.917(1)(b) “renders the statute permissive.” I-95 Motorsports

JOSHUA CITRON v. H.G.C. AUTO COLLISION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-06T00:53:00-07:00

Snippet: following the procedures outlined in s[ection] 559.917 or file a demand for hearing with the clerk

DORAL COLLISION CENTER, INC. v. DAIMLER TRUST

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-08T00:53:00-07:00

Snippet: 2 Statutes 559.917.” The notice was served on Daimler Trust as the… lien pursuant to section 713.585 and section 559.917, Florida Statutes; (2) breach of contract against… bond following the procedures outlined in s. 559.917.” § 713.585(5), Fla. Stat. (2018). It further states… to follow the procedures outlined in section 559.917 to post a bond and notice it had standing to allege

TOYANO'S AUTO REPAIR SERVICES v. SOUTHERN AUTO FINANCE COMPANY, LLC and DIEUVERT JOSEPH

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-09T23:53:00-08:00

Snippet: lienholder on an automobile pursuant to section 559.917, Florida Statutes (2020). Although an indispensable…. On January 21, 2020, pursuant to section 559.917, Florida Statutes, SAFCO posted a bond to obtain…SAFCO posted a $6,465.78 bond pursuant to section 559.917, Florida Statutes, and that it had released the… court also ordered the release of the section 559.917 bond posted by SAFCO to the repair shop. SAFCO…the bond to recover the bond pursuant to section 559.917(1)(b). The motion argued that because it was not

FGAP INVESTMENT CORP v. A1 BODY AND GLASS OF CORAL SPRINGS, LLC and PABLO HENAO

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-04T00:53:00-07:00

Snippet: FGAP had posted a cash bond pursuant to section 559.917, Florida Statutes. The clerk also directed the …court to recover the cash bond pursuant to section 559.917(1)(b), Florida Statutes (2019). At the pretrial…there is “no triable issue”). In the Section 559.917 Bond Proceeding, FGAP Had Standing to Defensively…a bond following the procedures outlined in s. 559.917.” FGAP held a lien on the Mercedes. As a lienholder… section and posted a bond pursuant to section 559.917, Florida Statutes (2019). Once a bond has been

Sanders Farm of Ocala, Inc. v. Bay Area Truck Sales, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-27T00:00:00-08:00

Citation: 235 So. 3d 1010

Snippet: counsel that he could bond off the obligation, see § 559.917, Fla. Stat. (2015), and that he never had an intent

Motorsports, Inc. v. Steven Goldberg and Christina L. Christo

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-07T00:00:00-08:00

Citation: 155 So. 3d 449, 2015 Fla. App. LEXIS 150

Snippet: attorneys’ fees were sought pursuant to section 559.917(l)(b), Florida Statutes (2011), upon which one …or deny fees to prevailing party). Section 559.917(l)(b) provides in pertinent part, “The prevailing

Siam Motors, Inc. v. Spivey

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-12T00:00:00-08:00

Citation: 136 So. 3d 692, 2014 Fla. App. LEXIS 1823, 2014 WL 538674

Snippet: at trial because he did not comply with section 559.917(4), Florida Statutes (2001), by posting a cash … did not post a cash or surety-bond as section 559.917(4) requires. The trial court heard this motion …is not applicable to the present case. Section 559.917(4) requires the posting of a cash or surety bond… shop.” § 599.917(4) (emphasis added). Section 559.917 deals with bonds to release posses-sory liens claimed

America Atlantic Transmission v. Nice Car, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-24T00:00:00-07:00

Citation: 112 So. 3d 639, 2013 WL 1748538, 2013 Fla. App. LEXIS 6556

Snippet: of possession upon posting a bond under section 559.917, Florida Statutes (2012), and reverse. We find …ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTE 559.917. After receiving the notice, Nice Car posted a …accordance with the Motor Vehicle Repair Act. § 559.917(l)(a), Fla. Stat. Nice Car was issued a Clerk’s… miscellaneous lien law. The second is section 559.917, found Part IX of Florida’s Regulations of Trade…posting bond in accordance with the provisions of s. 559.917. § 713.585(l)(g) & (h), Fla. Stat. (2012) (

1616 Sunrise Motors, Inc. v. A-Leet Leasing of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 1989-08-02T00:00:00-07:00

Citation: 547 So. 2d 267, 14 Fla. L. Weekly 1834, 1989 Fla. App. LEXIS 4312, 1989 WL 85219

Snippet: filed a bond pursuant to the provisions of section 559.-917, Florida Statutes (1987), also known as the Florida

Sheltee, Inc. v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 1985-07-10T00:00:00-07:00

Citation: 472 So. 2d 831, 10 Fla. L. Weekly 1694, 1985 Fla. App. LEXIS 14975

Snippet: Respondent posted a bond in accordance with section.., 559.917, Florida Statutes (1983) and obtained the release… attorney’s fees and costs pursuant to section 559.917. Approximately nine months later, respondent moved…moved for release of the bond pursuant to section 559.917, which provides that a suit by the lienor to recover…time for such an action had expired under section 559.917(l)(b), Florida Statutes. Therefore petitioner has

Associates Commercial Corp. v. Ross

Court: Fla. Dist. Ct. App. | Date Filed: 1985-03-27T00:00:00-08:00

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

Snippet: possession during the three month period; section 559.917, Florida Statutes (1983) (effective January 1, …Ocala Foundry since the bond procedures of section 559.917 merely allow an owner to use his vehicle during…the lien instead of the vehicle itself. Section 559.917, Florida Statutes (1983) thus reduces the harshness…rule as applied to a consumer. Un*665der section 559.917 a garageman may not hold a vehicle hostage, even…Second, because of the bond procedure of section 559.917, the interpretation of 713.74 provided in Eastern

Ago

Court: Fla. Att'y Gen. | Date Filed: 1981-08-04T00:53:00-07:00

Snippet: recourse under s. 559.917 as against the motor vehicle repair shop (see s.559.917(4)) and requires the…of a bond to release a possessory lien under s. 559.917, F.S., and if so, how should the clerk compute …or surety bond is posted in accordance with s. 559.917, F.S.? 4. Must the clerk of the court approve the… 2. The certificate issued pursuant to s. 559.917(1)(a), F.S. (1980 Supp.), is not entitled to recordation… into the registry of the court pursuant to s. 559.917(1)(a), F.S. (1980 Supp.), but may not charge the