Florida Statute 713.31 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.31

713.31 Remedies in case of fraud or collusion.—

(1) When the owner or any lienor shall, by fraud or collusion, deprive or attempt to deprive any lienor of benefits or rights to which such lienor is entitled under this part by establishing or manipulating the contract price or by giving false affidavits, releases, invoices, worthless checks, statements, or written instruments permitted or required under this part relating to the improvement of real property hereunder to the detriment of any such lienor, the circuit court in chancery shall have jurisdiction, upon a complaint filed by such lienor, to issue temporary and permanent injunctions, order accountings, grant discovery, utilize all remedies available under creditors’ bills and proceedings supplementary to execution, marshal assets, and exercise any other appropriate legal or equitable remedies or procedures without regard to the adequacy of a remedy at law or whether or not irreparable damage has or will be done.

(2)(a) Any lien asserted under this part in which the lienor has willfully exaggerated the amount for which such lien is claimed or in which the lienor has willfully included a claim for work not performed upon or materials not furnished for the property upon which he or she seeks to impress such lien or in which the lienor has compiled his or her claim with such willful and gross negligence as to amount to a willful exaggeration shall be deemed a fraudulent lien.

(b) It is a complete defense to any action to enforce a lien under this part, or against any lien in any action in which the validity of the lien is an issue, that the lien is a fraudulent lien; and the court so finding is empowered to and shall declare the lien unenforceable, and the lienor thereupon forfeits his or her right to any lien on the property upon which he or she sought to impress such fraudulent lien. However, a minor mistake or error in a claim of lien, or a good faith dispute as to the amount due does not constitute a willful exaggeration that operates to defeat an otherwise valid lien.

(c) An owner against whose interest in real property a fraudulent lien is filed, or any contractor, subcontractor, or sub-subcontractor who suffers damages as a result of the filing of the fraudulent lien, shall have a right of action for damages occasioned thereby. The action may be instituted independently of any other action, or in connection with a summons to show cause under s. 713.21, or as a counterclaim or cross-claim to any action to enforce or to determine the validity of the lien. The prevailing party in an action under this paragraph may recover reasonable attorney’s fees and costs. If the lienor who files a fraudulent lien is not the prevailing party, the lienor shall be liable to the owner or the defrauded party who prevails in an action under this subsection in damages, which shall include court costs, clerk’s fees, a reasonable attorney’s fee and costs for services in securing the discharge of the lien, the amount of any premium for a bond given to obtain the discharge of the lien, interest on any money deposited for the purpose of discharging the lien, and punitive damages in an amount not exceeding the difference between the amount claimed by the lienor to be due or to become due and the amount actually due or to become due.

(3) Any person who willfully files a fraudulent lien, as defined in this section, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A state attorney or the statewide prosecutor, upon the filing of an indictment or information against a contractor, subcontractor, or sub-subcontractor which charges such person with a violation of this subsection, shall forward a copy of the indictment or information to the Department of Business and Professional Regulation. The Department of Business and Professional Regulation shall promptly open an investigation into the matter, and if probable cause is found, shall furnish a copy of any investigative report to the state attorney or statewide prosecutor who furnished a copy of the indictment or information and to the owner of the property which is the subject of the investigation.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 12, ch. 77-353; s. 260, ch. 79-400; s. 9, ch. 80-97; s. 15, ch. 90-109; s. 8, ch. 95-240; s. 818, ch. 97-102; s. 6, ch. 2003-177; s. 13, ch. 2007-221.

Note.—Former s. 84.311.

F.S. 713.31 on Google Scholar

F.S. 713.31 on Casetext

Amendments to 713.31

Arrestable Offenses / Crimes under Fla. Stat. 713.31

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

S713.31 - FRAUD - FILE A FRAUDULENT LIEN - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 713.31

Total Results: 20

Investcom Construction, LLC v. Plaza Del Prado Condominium Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: claim of lien was deemed fraudulent under section 713.31(2)(a), Florida Statutes (2022), 1 and unenforceable…it wouldn’t be. (emphasis added). 1 Section 713.31(2)(a), Florida Statutes (2022), provides in pertinent

AVANT DESIGN GROUP, INC., etc. v. AQUASTAR HOLDINGS, LLC, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-12T00:53:00-07:00

Snippet: count asserted a claim for punitive damages, see § 713.31(2)(c) (2018), Aquastar did not comply with the …construction lien was fraudulent under section 713.31;9 and that Avant’s refusal to provide Aquastar … 20 determined that, under section 713.31 of the Florida Statutes, 16 Avant’s construction…exaggeration shall be deemed a fraudulent lien. § 713.31(2)(a), Fla. Stat. (2018). … contract into a fraudulent lien under section 713.31(2) and relies heavily upon Vinci Development Co

WENDELL LOCKE v. LEVI WHITEHEAD and NICHOLA WHITEHEAD

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-23T00:53:00-07:00

Snippet: claimed the lien was fraudulent and violated section 713.31(2)(a), Florida Statutes. When the homeowners…the meritorious defense that pursuant to section 713.31(2)(b), Florida Statutes (2020), “a minor mistake….” Id. As the contractor points out, section 713.31(2)(b) pertains to situations when there is an otherwise

WENDELL LOCKE v. LEVI WHITEHEAD and NICHOLA WHITEHEAD

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-21T00:53:00-07:00

Peter Marocco v. Russell Brabec, Rose Marie Brabec, and Design & More, Inc., a Florida corporation

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:53:00-07:00

Snippet: s fees and costs to Marocco pursuant to section 713.31, Florida Statutes; and (7) the trial court erred…entitled to an award of attorney’s fees under section 713.31, Florida Statutes, simply because the jury found… exaggerated the amount of their liens. Section 713.31 provides for an award of attorney’s fees to the…willfully exaggerated the amount of the lien. See § 713.31(2)(a), (2)(c), Fla. Stat. However, an award of …to motions seeking attorney’s fees under section 713.31). Accordingly, although the trial court did not

FARREY'S WHOLESALE HARDWARE CO., INC. v. COLTIN ELECTRICAL SERVICES, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-28T00:00:00-08:00

Citation: 263 So. 3d 168

Snippet: lien fraudulent and unenforceable under section 713.31, Florida Statutes (2016) (count IV). On February…dispute into a fraudulent lien as provided in section 713.31" … to amount to a willful exaggeration . . . . § 713.31(2)(a) (emphasis added); see also Gator Boring, … not constitute a willful exaggeration." § 713.31(2)(b). Here, Coltin simply failed

Perlberg v. Lubercy Asia Holdings

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-16T00:53:00-07:00

Snippet: party fees and punitive damages pursuant to section 713.31(2)(c), Florida Statutes. Perlberg appeals the …entitled to prevailing party fees pursuant to section 713.31(2)(c), but that determination is not appealable

Newman v. Guerra

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-04T00:00:00-08:00

Citation: 208 So. 3d 314, 2017 Fla. App. LEXIS 54

Snippet: of Moritz and Prospeñ applies to section 713.31. Section 713.31(2)(c), Florida Statutes (2008), states:…become due. § 713.31(2)(c), Fla. Stat. (2008) (emphasis added). Notably, section 713.31(2)(c) was amended…current version of section 713.31. First, under the plain language of section 713.31(2)(c), an “owner against… be deemed a fraudulent lien under Fla. Stat. § 713.31.” The court discharged the lien, but reserved jurisdiction…of attorney’s fees and costs pursuant to section 713.31, Florida Statutes (2008), arguing that he was the

T-Quip of Florida, Inc. v. Tietig

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-09T00:00:00-08:00

Citation: 207 So. 3d 958, 2016 Fla. App. LEXIS 18225

Snippet: action: (1) fraud based upon violations of section 713.31(2), Florida Statutes (2009); (2) slander of title

Gator Boring & Trenching, Inc. v. Westra Construction Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-05T00:00:00-07:00

Citation: 210 So. 3d 175, 2016 Fla. App. LEXIS 14801

Snippet: was fraudulent and unenforceable under section 713.31(2), Florida Statutes (2013). Based upon this affirmative…Also, Westra filed a counterclaim under section 713.31 (2)(c) for the alleged fraudulent lien against …fraud or collusion in a construction lien, section 713.31 provides, in pertinent part, as follows: (…lien. (Emphasis added.) Thus, under section 713.31(2), “[a] claim of lien that overstates the amount…amount of the lien was $889,792.70. See § 713.31(2)(b) (“[A] minor mistake or error in a claim of

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2016-02

Court: Fla. | Date Filed: 2016-08-25T00:00:00-07:00

Citation: 199 So. 3d 234, 2016 WL 4480340

Snippet: chapter 713 is subject to the fraud provisions of § 713.31, Fla. Stat., and not § 817.535(6), Fla, Stat.

Wells v. Halmac Development, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-13T00:00:00-07:00

Citation: 189 So. 3d 1015, 2016 WL 1445437, 2016 Fla. App. LEXIS 5586

Snippet: as the prevailing party under Florida Statute § 713.31.” 4 Further, the court found, Castro… of Hollub ... and Florida Statute § 713.31.” Finally, the court found that if “attorney fees… the authority of Hollub and section 713.31. We disagree, and because we determine that Castro…motion for 57.105 fees. 4 . Section 713.31(2)(c), Florida Statutes (2012) provides:

Medellin v. MLA Consulting, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-16T00:00:00-07:00

Citation: 69 So. 3d 372, 2011 Fla. App. LEXIS 14665, 2011 WL 4102290

Snippet: section 713.31] precludes the finding of a fraudulent lien.” (Emphasis added). Section 713.31(2)(b) provides… filed by UBuildlt was fraudulent under section 713.31, Florida Statutes (2008), was necessarily precluded…it was owed money by the property owner. Section 713.31(2) provides, in relevant part: (a) Any lien asserted…Accordingly, the trial court misinterpreted section 713.31 when it determined that it could not address Appellants

SAM RODGERS PROPERTIES, INC. v. Chmura

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-27T00:00:00-07:00

Citation: 61 So. 3d 432, 2011 Fla. App. LEXIS 5943, 2011 WL 1565446

Snippet: as to amount to a willful exaggeration. . . . § 713.31(2)(a). But "`a minor mistake or error in a… So.2d 1092, 1096 (Fla. 2d DCA 2004) (quoting § 713.31(2)(b)). Mrs. Chmura bore the burden of persuasion

Bruce Tansey Custom Carpentry, Inc. v. Goodman

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-05T00:00:00-08:00

Citation: 33 So. 3d 70, 2010 Fla. App. LEXIS 2691, 2010 WL 743937

Snippet: and sought punitive damages pursuant to section 713.31, Florida Statutes (2005), for the filing of a fraudulent…both liens were fraudulent as defined by section 713.31, Florida Statutes. Consequently, the court ordered

Zupnik Haverland, L.L.C. v. Current Builders of Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-11T00:00:00-07:00

Citation: 7 So. 3d 1132, 2009 Fla. App. LEXIS 1949, 2009 WL 605394

Snippet: 1135 to defeat an otherwise valid lien." § 713.31(2)(b), Fla. Stat. It is within the trial court&

Jonathan v. GPA Construction Group

Court: Fla. Dist. Ct. App. | Date Filed: 2008-12-10T00:00:00-08:00

Citation: 9 So. 3d 15, 2008 Fla. App. LEXIS 18495, 2008 WL 5156611

Snippet: mistake and not a willful exaggeration. Paragraph 713.31(2)(a), Florida Statutes (2007), defines a fraudulent

Langley v. Knowles

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-29T00:53:00-07:00

Citation: 958 So. 2d 1149

Snippet: ] §§ 713.05, 713.08, Fla. Stat. (2004). [2] § 713.31, Fla. Stat. (2004). [3] § 713.29, Fla. Stat. (

Landing Group of Tampa, Inc. v. Kifner

Court: Fla. Dist. Ct. App. | Date Filed: 2007-03-23T00:00:00-07:00

Citation: 951 So. 2d 1014, 2007 Fla. App. LEXIS 4306, 2007 WL 858418

Snippet: which they brought an action “pursuant to Section [713.31], Florida Statutes, to discharge a willfully exaggerated

Mashan Contractors, Inc. v. Bailey

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-22T00:00:00-08:00

Citation: 922 So. 2d 330, 2006 Fla. App. LEXIS 2272, 2006 WL 399517

Snippet: to the claim for fraudulent lien under section 713.31, Florida Statutes, there has in recent years been…operates to defeat an otherwise valid lien.” Id. § 713.31(2)(b). We find no error in the rejection of the…fees if the lien is found to be fraudulent. See § 713.31(2)(c), Fla. Stat. However, that counterclaim was