Florida Statutes

Fla. Stat. § 713.58 (2025)

Liens for labor or services on personal property.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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713.58 Liens for labor or services on personal property.—

(1) In favor of persons performing labor or services for any other person, upon the personal property of the latter upon which the labor or services is performed, or which is used in the business, occupation, or employment in which the labor or services is performed.

(2) It is unlawful for any person, knowingly, willfully, and with intent to defraud, to remove any property upon which a lien has accrued under this section without first making full payment to the person performing labor or services of all sums due and payable for such labor or services or without first having the written consent of such person so performing the labor or services so to remove such property.

(3) In that the possessory right and lien of the person performing labor or services under this section is released, relinquished, and lost by the removal of such property upon which a lien has accrued, it shall be deemed prima facie evidence of intent to defraud if, upon the removal of such property, the person removing such property utters, delivers, or gives any check, draft, or written order for the payment of money in payment of the indebtedness secured by the lien and then stops payment on such check, draft, or written order.

(4) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine of not more than $500 or imprisonment in the county jail for not more than 3 months.

History.—s. 10, ch. 3747, 1887; RS 1732; GS 2198; RGS 3505; s. 1, ch. 8474, 1921; CGL 5366; s. 36, ch. 67-254; s. 1, ch. 70-340.

Note.—Former s. 85.09.

Arrestable Offenses under F.S. 713.58

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§713.58FRAUD-SWINDLERMV PERSONAL PROP LIEN LABOR SRVC WIT DEFRAUDM · 2nd

Notes of Decisions

Cited in 22 cases (1 in the last 5 years), 1969–2022 · leading case: Tradewinds Airlines, Inc. v. AAR Aircraft Servs.-Miami, Inc. (In Re Tradewinds Airlines, Inc.), 394 B.R. 614 (Bankr. S.D. Florida 2008).

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Tradewinds Airlines, Inc. v. AAR Aircraft Servs.-Miami, Inc. (In Re Tradewinds Airlines, Inc.), 394 B.R. 614 (Bankr. S.D. Florida 2008). · cites it 31× “Essentially, irrespective of whether labor or services were performed for Debt- or on Aircraft 504, Defendant argues that it is entitled to assert a lien on Aircraft 504 due to the “cross-collateralization” provision found in the parties’ Contract and as a matter of statutory…”

Com. Jet, Inc. v. U.S. Bank, N.A., 45 So. 3d 887 (Fla. 3d DCA 2010). · cites it 16× “Since the purported lien is a possessory lien under section 713.58, and Commercial Jet was no longer in possession of the aircraft at the time it filed the lien, the trial court granted U.”

US Acquisition, LLC v. Tabas, Freedman, Soloff, Miller & Brown, P.A., 87 So. 3d 1229 (Fla. 4th DCA 2012). · cites it 4× “§ 713.58, Fla. Stat. (2011). Such a lien is a possessory right of the serviceman’s and once he relinquishes possession, the lien is extinguished.”

Hann v. Carson, 462 F. Supp. 854 (M.D. Fla. 1978). · cites it 2× “Fla.Stat. § 713.58 (Supp.1971). See *867 Fla.”

E. Airlines Emp. Fed. Cred. U. v. Yacht Basin, Inc., 334 So. 2d 175 (Fla. 4th DCA 1976). · cites it 4× “Appellee-Yacht Basin performed the requested repair work and after the work had been completed, kept the boat in its possession claiming a possessory lien by virtue of Fla. Stat. §§ 713.58 and 713.60 (1973). Approximately five months after the repair work had been completed,…”

Global Xtreme, Inc. v. Advanced Aircraft Ctr., Inc., 122 So. 3d 487 (Fla. 3d DCA 2013). · cites it 2× “Section 713.58 concerns possessory liens for labor or services on personal property, and is contained in Part II of Chapter 713, “Miscellaneous Liens.”

S. Air Transp., Inc. v. Northwings Accessories Corp. (In Re S. Air Transp., Inc.), 255 B.R. 715 (Bankr. S.D. Ohio 2000). · cites it 5× “1 Northwings argues that its possessory lien is valid under Florida law, and is perfected by its continued possession of the aircraft parts under Fla.Stat. §§ 713.58 or 713.61. Fla.Stat. § 713.”

Richwagen v. Lilienthal, 386 So. 2d 247 (Fla. 4th DCA 1980). · cites it 3× “We further conclude that while there may have been evidence to support a lien under Section 713.58, there was non-compliance with the procedures required by Section 85.”

Hobbs v. Tom Norton Motor Co., 373 F. Supp. 956 (S.D. Fla. 1974). · cites it 10× “Plaintiff maintains that the Attorney General has a duty to attack the constitutionality of a statute which is patently offensive; however, this duty does not require the Attorney General to be a defendant to every suit attacking the validity of state statutes.”

State v. Miller, 373 So. 2d 677 (Fla. 1979). · cites it 5× “As a result of a dispute concerning the correct cost of the vehicle’s repair, appellee invoked the provisions of section 713.58, Florida Statutes (1977), 1 which grants a possessory lien in favor of persons providing labor and services on personal property.”

Carolina Aircraft Corp. v. Com. Trust Co., 289 So. 2d 37 (Fla. 4th DCA 1974). · cites it 3× “Section 713.58, F.S.A. The trial court held that appellee's prior recorded security interest was superior to appellant's unrecorded possessory lien.”

Calleja v. Wiley, 290 So. 2d 123 (Fla. 2d DCA 1974). · cites it 4× “The summary judgment recites that the judge has taken notice of Fla. Stat. §§ 713.58 and 832.041, F.S.A. (1971).”

Show all 22 citing cases →

— 713.58(1) — 7 cases

Richwagen v. Lilienthal, 386 So. 2d 247 (Fla. 4th DCA 1980). “We further conclude that while there may have been evidence to support a lien under Section 713.58, there was non-compliance with the procedures required by Section 85.”

Com. Jet, Inc. v. U.S. Bank, N.A., 45 So. 3d 887 (Fla. 3d DCA 2010). “Since the purported lien is a possessory lien under section 713.58, and Commercial Jet was no longer in possession of the aircraft at the time it filed the lien, the trial court granted U.”

Tradewinds Airlines, Inc. v. AAR Aircraft Servs.-Miami, Inc. (In Re Tradewinds Airlines, Inc.), 394 B.R. 614 (Bankr. S.D. Florida 2008). “Essentially, irrespective of whether labor or services were performed for Debt- or on Aircraft 504, Defendant argues that it is entitled to assert a lien on Aircraft 504 due to the “cross-collateralization” provision found in the parties’ Contract and as a matter of statutory…”

Hobbs v. Tom Norton Motor Co., 373 F. Supp. 956 (S.D. Fla. 1974). “Plaintiff maintains that the Attorney General has a duty to attack the constitutionality of a statute which is patently offensive; however, this duty does not require the Attorney General to be a defendant to every suit attacking the validity of state statutes.”

Joshua Citron v. H.G.C. Auto Collision, Inc. (Fla. 3d DCA 2022).

— 713.58(2) — 1 case

— 713.58(3) — 3 cases

Calleja v. Wiley, 290 So. 2d 123 (Fla. 2d DCA 1974). “The summary judgment recites that the judge has taken notice of Fla. Stat. §§ 713.58 and 832.041, F.S.A. (1971).”

— 713.58(4) — 1 case

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