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: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: claim of lien was deemed fraudulent under section 713.31(2)(a), Florida Statutes (2022), 1 and unenforceable;

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

Court: District Court of Appeal of Florida | Date Filed: 2022-10-12

Snippet: count asserted a claim for punitive damages, see § 713.31(2)(c) (2018), Aquastar did not comply with the

WENDELL LOCKE v. LEVI WHITEHEAD and NICHOLA WHITEHEAD

Court: District Court of Appeal of Florida | Date Filed: 2021-06-23

Snippet: claimed the lien was fraudulent and violated section 713.31(2)(a), Florida Statutes. When the homeowners

WENDELL LOCKE v. LEVI WHITEHEAD and NICHOLA WHITEHEAD

Court: District Court of Appeal of Florida | Date Filed: 2021-04-21

Snippet: claimed the lien was fraudulent and violated section 713.31(2)(a), Florida Statutes. When the homeowners

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

Court: District Court of Appeal of Florida | Date Filed: 2019-04-05

Snippet: attorney’s fees and costs to Marocco pursuant to section 713.31, Florida Statutes; and (7) the trial court erred

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

Court: District Court of Appeal of Florida | Date Filed: 2018-12-28

Citation: 263 So. 3d 168

Snippet: lien fraudulent and unenforceable under section 713.31, Florida Statutes (2016) (count IV). On February

Perlberg v. Lubercy Asia Holdings

Court: District Court of Appeal of Florida | Date Filed: 2018-05-16

Citation: 247 So. 3d 627

Snippet: party fees and punitive damages pursuant to section 713.31(2)(c), Florida Statutes. Perlberg appeals the

Newman v. Guerra

Court: District Court of Appeal of Florida | Date Filed: 2017-01-04

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

Snippet: be deemed a fraudulent lien under Fla. Stat. § 713.31.” The court discharged the lien, but reserved jurisdiction

T-Quip of Florida, Inc. v. Tietig

Court: District Court of Appeal of Florida | Date Filed: 2016-12-09

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: District Court of Appeal of Florida | Date Filed: 2016-10-05

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

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

Court: Supreme Court of Florida | Date Filed: 2016-08-25

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: District Court of Appeal of Florida | Date Filed: 2016-04-13

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

Medellin v. MLA Consulting, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-09-16

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

Snippet: filed by UBuildlt was fraudulent under section 713.31, Florida Statutes (2008), was necessarily precluded;

SAM RODGERS PROPERTIES, INC. v. Chmura

Court: District Court of Appeal of Florida | Date Filed: 2011-04-27

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 claim

Bruce Tansey Custom Carpentry, Inc. v. Goodman

Court: District Court of Appeal of Florida | Date Filed: 2010-03-05

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

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

Court: District Court of Appeal of Florida | Date Filed: 2009-03-11

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

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

Jonathan v. GPA Construction Group

Court: District Court of Appeal of Florida | Date Filed: 2008-12-10

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: District Court of Appeal of Florida | Date Filed: 2007-06-29

Citation: 958 So. 2d 1149, 2007 WL 1852120

Snippet: [1] §§ 713.05, 713.08, Fla. Stat. (2004). [2] § 713.31, Fla. Stat. (2004). [3] § 713.29, Fla. Stat. (2004)

Landing Group of Tampa, Inc. v. Kifner

Court: District Court of Appeal of Florida | Date Filed: 2007-03-23

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: District Court of Appeal of Florida | Date Filed: 2006-02-22

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