Florida Statute 559.917 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 559.917

Annotations, Discussions, Cases:

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

Cases Citing Statute 559.917

Total Results: 13

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

235 So. 3d 1010

District Court of Appeal of Florida | Filed: Dec 27, 2017 | Docket: 60286093

Cited 5 times | Published

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

155 So. 3d 449, 2015 Fla. App. LEXIS 150, 2015 WL 71799

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621546

Cited 2 times | Published

and attorneys’ fees were sought pursuant to section 559.917(l)(b), Florida Statutes (2011), upon which

America Atlantic Transmission v. Nice Car, Inc.

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

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60231194

Cited 2 times | Published

right of possession upon posting a bond under section 559.917, Florida Statutes (2012), and reverse. We find

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

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

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 64644175

Cited 2 times | Published

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

Siam Motors, Inc. v. Spivey

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

District Court of Appeal of Florida | Filed: Feb 12, 2014 | Docket: 60240061

Cited 1 times | Published

evidence at trial because he did not comply with section 559.917(4), Florida Statutes (2001), by posting a cash

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

District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127387

Published

such an award based on two statutes. First, section 559.917, Florida Statutes (2019), “Bond to release

Government Employees Insurance Company v. Glassco, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Nov 7, 2023 | Docket: 67822873

Published

Argued: Sep 22, 2023

customer as that term [is] defined in section 559.917.” Nice Car, 112 So. 3d at 643.

DORAL COLLISION CENTER, INC. v. DAIMLER TRUST

District Court of Appeal of Florida | Filed: Jun 8, 2022 | Docket: 63369328

Published

of the lien pursuant to section 713.585 and section 559.917, Florida Statutes; (2) breach of contract

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

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858342

Published

a lienholder on an automobile pursuant to section 559.917, Florida Statutes (2020). Although an indispensable

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

District Court of Appeal of Florida | Filed: Aug 4, 2021 | Docket: 60108421

Published

that FGAP had posted a cash bond pursuant to section 559.917, Florida Statutes. The clerk also directed

Sheltee, Inc. v. Davis

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

District Court of Appeal of Florida | Filed: Jul 10, 1985 | Docket: 64613137

Published

Respondent posted a bond in accordance with section.., 559.917, Florida Statutes (1983) and obtained the

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

possession during the three month period; section 559.917, Florida Statutes (1983) (effective January

Ago

Florida Attorney General Reports | Filed: Aug 4, 1981 | Docket: 3257624

Published

circuit court or the circuit courts per se. Section 559.917(1)(a), F.S. (1980 Supp.), imposes duties upon