Florida Statutes
Fla. Stat. § 559.917 (2025)
Bond to release possessory lien claimed by motor vehicle repair shop.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 559.917
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§559.917(3)FRAUDFAIL TO RELEASE LIENED VEHICLE AFTER POST BOND
§559.917FRAUDRENUMBERED. SEE REC # 8714
Notes of Decisions
Cited in 13
cases (5 in the last 5 years), 1985–2024 · leading case: Siam Motors, Inc. v. Spivey, 136 So. 3d 692 (Fla. 2d DCA 2014).
Siam Motors, Inc. v. Spivey, 136 So. 3d 692 (Fla. 2d DCA 2014). “Section 559.917 deals with bonds to release posses-sory liens claimed under part II of chapter 713, Florida Statutes, by the motor vehicle repair shop.”
Sanders Farm of Ocala, Inc. v. Bay Area Truck Sales, Inc., 235 So. 3d 1010 (Fla. 2d DCA 2017). “Kerk Sanders’ affidavit reflected that he stopped payment on the check when he learned from counsel that he could bond off the obligation, see § 559.917, Fla. Stat. (2015), and that he never had an intent to defraud Bay Area; rathér, it was Bay Area that intended to defraud him.”
Gov't Employees Ins. Co. v. Glassco, Inc., 85 F.4th 1136 (11th Cir. 2023). “Compare Fla. Stat. § 559.917 (2019) (“Any customer may obtain the release of her or his motor vehicle .”
Motorsports, Inc. v. Steven Goldberg & Christina L. Christo, 155 So. 3d 449 (Fla. 4th DCA 2015). “The plaintiff filed multiple counts and attorneys’ fees were sought pursuant to section 559.917(l)(b), Florida Statutes (2011), upon which one of the counts was expressly based.”
Am. Atl. Transmission v. Nice Car, Inc., 112 So. 3d 639 (Fla. 4th DCA 2013). “We find merit to AAT’s argument that Nice Car, as a lien holder, was not entitled to invoke the right of possession upon posting a bond under section 559.917, Florida Statutes (2012), and reverse.”
Sheltee, Inc. v. Davis, 472 So. 2d 831 (Fla. 4th DCA 1985). “The complaint does not contain an express count to enforce petitioner’s lien against the bond, but it does contain an allegation that petitioner seeks attorney’s fees and costs pursuant to section 559.917. Approximately nine months later, respondent moved for release of the bond…”
Toyano's Auto Repair Servs. v. S. Auto Fin. Co., LLC & Dieuvert Joseph (Fla. 4th DCA 2021). “We affirm the county court’s decision to vacate that portion of a final judgment involving a bond posted by a lienholder on an automobile pursuant to section 559.917, Florida Statutes (2020).”
Assocs. Com. Corp. v. Ross, 465 So. 2d 663 (Fla. 4th DCA 1985). “Under the modern statute, the lien-holder does not have an absolute right to possession during the three month period; section 559.917, Florida Statutes (1983) (effective January 1, 1981-after Eastern Airlines was decided, but prior to the claim of the lien in this case)…”
Fgap Inv. Corp v. A1 Body & Glass of Coral Springs, LLC & Pablo Henao (Fla. 4th DCA 2021). “The clerk issued a certificate notifying the body shop that FGAP had posted a cash bond pursuant to section 559.917, Florida Statutes. The clerk also directed the body shop to release the car to FGAP.”
FGAP Inv. Corp. v. Al Body & Glass of Coral Springs, LLC. (Fla. 4th DCA 2024). “First, section 559.917, Florida Statutes (2019), “Bond to release possessory lien claimed by motor vehicle repair shop,” provides in part, “The lienor shall have 60 days to file suit to recover the bond.”
Doral Collision Ctr., Inc. v. Daimler Trust (Fla. 3d DCA 2022). “Doral failed to provide Daimler notice that it had to follow the procedures outlined in section 559.917 to post a bond and notice it had standing to allege a violation of chapter 559 in any potential litigation by not referring to subsection (5).”
Tolson v. Bob Wade Ford, Inc., 23 Fla. Supp. 2d 138 (Fla. Cir. Ct. 1987). “§ 559.917 (l)(a) (1985) releasing a possessory lien for repairs to a 1981 Ford Escort in the amount of 0.”
— 559.917(1)(a) — 2 cases
Toyano's Auto Repair Servs. v. S. Auto Fin. Co., LLC & Dieuvert Joseph (Fla. 4th DCA 2021). “We affirm the county court’s decision to vacate that portion of a final judgment involving a bond posted by a lienholder on an automobile pursuant to section 559.917, Florida Statutes (2020).”
Fgap Inv. Corp v. A1 Body & Glass of Coral Springs, LLC & Pablo Henao (Fla. 4th DCA 2021). “The clerk issued a certificate notifying the body shop that FGAP had posted a cash bond pursuant to section 559.917, Florida Statutes. The clerk also directed the body shop to release the car to FGAP.”
— 559.917(1)(b) — 3 cases
Toyano's Auto Repair Servs. v. S. Auto Fin. Co., LLC & Dieuvert Joseph (Fla. 4th DCA 2021). “We affirm the county court’s decision to vacate that portion of a final judgment involving a bond posted by a lienholder on an automobile pursuant to section 559.917, Florida Statutes (2020).”
Fgap Inv. Corp v. A1 Body & Glass of Coral Springs, LLC & Pablo Henao (Fla. 4th DCA 2021). “The clerk issued a certificate notifying the body shop that FGAP had posted a cash bond pursuant to section 559.917, Florida Statutes. The clerk also directed the body shop to release the car to FGAP.”
FGAP Inv. Corp. v. Al Body & Glass of Coral Springs, LLC. (Fla. 4th DCA 2024). “First, section 559.917, Florida Statutes (2019), “Bond to release possessory lien claimed by motor vehicle repair shop,” provides in part, “The lienor shall have 60 days to file suit to recover the bond.”
— 559.917(4) — 1 case
Siam Motors, Inc. v. Spivey, 136 So. 3d 692 (Fla. 2d DCA 2014). “Section 559.917 deals with bonds to release posses-sory liens claimed under part II of chapter 713, Florida Statutes, by the motor vehicle repair shop.”
— 559.917(l)(a) — 1 case
Am. Atl. Transmission v. Nice Car, Inc., 112 So. 3d 639 (Fla. 4th DCA 2013). “We find merit to AAT’s argument that Nice Car, as a lien holder, was not entitled to invoke the right of possession upon posting a bond under section 559.917, Florida Statutes (2012), and reverse.”
— 559.917(l)(b) — 2 cases
Motorsports, Inc. v. Steven Goldberg & Christina L. Christo, 155 So. 3d 449 (Fla. 4th DCA 2015). “The plaintiff filed multiple counts and attorneys’ fees were sought pursuant to section 559.917(l)(b), Florida Statutes (2011), upon which one of the counts was expressly based.”
Sheltee, Inc. v. Davis, 472 So. 2d 831 (Fla. 4th DCA 1985). “The complaint does not contain an express count to enforce petitioner’s lien against the bond, but it does contain an allegation that petitioner seeks attorney’s fees and costs pursuant to section 559.917. Approximately nine months later, respondent moved for release of the bond…”
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