Florida Statute 713.58 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.58

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.

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Amendments to 713.58

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 713.58

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

S713.58 - FRAUD-SWINDLE - RMV PERSONAL PROP LIEN LABOR SRVC WIT DEFRAUD - M: S

Cases Citing Statute 713.58

Total Results: 20

Hann v. Carson

462 F. Supp. 854, 1978 U.S. Dist. LEXIS 7075

District Court, M.D. Florida | Filed: Dec 21, 1978 | Docket: 2009694

Cited 17 times | Published

for the personal property of others. Fla.Stat. § 713.58 (Supp.1971). See *867 Fla.Stat. § 85.031. The

Gables Lincoln-Mercury, Inc. v. First Bank and Trust Company of Boca Raton

219 So. 2d 90, 6 U.C.C. Rep. Serv. (West) 420

District Court of Appeal of Florida | Filed: Feb 11, 1969 | Docket: 2545017

Cited 10 times | Published

upon which the labor or services is performed." § 713.58. Following the listing of the liens conferred

Global Xtreme, Inc. v. Advanced Aircraft Center, Inc.

122 So. 3d 487, 2013 Fla. App. LEXIS 15205, 2013 WL 5338823

District Court of Appeal of Florida | Filed: Sep 25, 2013 | Docket: 60234702

Cited 6 times | Published

filed pursuant to sections 713.58 and 329.51. Section 713.58 concerns possessory liens for labor or services

Carolina Aircraft Corp. v. Commerce Trust Company

289 So. 2d 37, 14 U.C.C. Rep. Serv. (West) 505

District Court of Appeal of Florida | Filed: Jan 31, 1974 | Docket: 1322236

Cited 5 times | Published

Mechanic's Lien for repairs arising under F.S. Section 713.58, F.S.A. The trial court held that appellee's

US Acquisition, LLC v. Tabas, Freedman, Soloff, Miller & Brown, P.A.

87 So. 3d 1229, 2012 Fla. App. LEXIS 8261, 2012 WL 1859514

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60307905

Cited 4 times | Published

unpaid compensation for legal services rendered. Section 713.58, Florida Statutes, explains that a lien for

Richwagen v. Lilienthal

386 So. 2d 247, 29 U.C.C. Rep. Serv. (West) 964

District Court of Appeal of Florida | Filed: Jul 2, 1980 | Docket: 476973

Cited 4 times | Published

the boat support a lien by the marina under Section 713.58(1), Florida Statutes (1975), which provides

Calleja v. Wiley

290 So. 2d 123

District Court of Appeal of Florida | Filed: Feb 15, 1974 | Docket: 1510349

Cited 4 times | Published

Stat. §§ 713.58 and 832.041, F.S.A. (1971). Section 713.58(3) reads: "In that the possessory right and

North American Airlines, Inc. v. McCracken (In Re Jet Executive International, Inc.)

27 B.R. 61, 1983 Bankr. LEXIS 6992

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 20, 1983 | Docket: 264102

Cited 3 times | Published

McCracken asserts his lien rights under Fla.Stat. § 713.58, on behalf of Jet Executive, for the labor and

Eastern Airlines Emp. Fed. Cred. U. v. Yacht Basin, Inc.

334 So. 2d 175, 1976 A.M.C. 2274

District Court of Appeal of Florida | Filed: Apr 30, 1976 | Docket: 1309620

Cited 2 times | Published

property (under a provision such as Fla. Stat. § 713.58) has a lien against the property as against subsequent[2]

Tradewinds Airlines, Inc. v. AAR Aircraft Services-Miami, Inc. (In Re Tradewinds Airlines, Inc.)

394 B.R. 614, 21 Fla. L. Weekly Fed. B 451, 2008 Bankr. LEXIS 2876, 50 Bankr. Ct. Dec. (CRR) 187

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 18, 2008 | Docket: 264117

Cited 1 times | Published

matter of statutory right pursuant to Fla. Stat. § 713.58. On July 24, 2008, the day immediately preceding

Creston Aviation, Inc. v. TEXTRON FINANCIAL

900 So. 2d 727, 2005 WL 957595

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 463269

Cited 1 times | Published

notice of any lien claimed on an aircraft under section 713.58 must be filed in the county where the aircraft

Archive America, Inc. v. Variety Children's Hosp.

873 So. 2d 359, 2004 WL 575717

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 1732938

Cited 1 times | Published

release of a possessory lien established by section 713.58 in favor of persons providing labor and services

Lindeman v. CJ Stoll, Inc.

490 So. 2d 101

District Court of Appeal of Florida | Filed: Jun 20, 1986 | Docket: 1489360

Cited 1 times | Published

subsequently charged appellant with violating section 713.58, Florida Statutes (1981). That statute makes

JOSHUA CITRON v. H.G.C. AUTO COLLISION, INC.

District Court of Appeal of Florida | Filed: Jul 6, 2022 | Docket: 63572762

Published

upon which the labor or services is performed.” § 713.58(1), Fla. Stat. Although certain provisions of

Commercial Jet, Inc. v. U.S. Bank, N.A.

45 So. 3d 887, 2010 Fla. App. LEXIS 13618, 35 Fla. L. Weekly Fed. D 2057

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 60296076

Published

the purported lien is a possessory lien under section 713.58, and Commercial Jet was no longer in possession

Sessler v. Sun Bank, N.A.

589 So. 2d 361, 1991 Fla. App. LEXIS 11121, 1991 WL 227669

District Court of Appeal of Florida | Filed: Nov 7, 1991 | Docket: 64663106

Published

which recognized Sessler’s claim of lien under section 713.58, Florida Statutes (1989), against a 1985 Subaru

Bernier v. Broward Marine, Inc.

504 So. 2d 1379, 12 Fla. L. Weekly 967, 1987 Fla. App. LEXIS 7634

District Court of Appeal of Florida | Filed: Apr 8, 1987 | Docket: 64626221

Published

self-help, claiming a valid lien pursuant to section 713.58(1) and 713.60, Florida Statutes, Broward Marine

State v. Miller

373 So. 2d 677, 1979 Fla. LEXIS 4755

Supreme Court of Florida | Filed: Jul 18, 1979 | Docket: 64571412

Published

repair, appellee invoked the provisions of section 713.58, Florida Statutes (1977),1 which grants a possessory

Hobbs v. Tom Norton Motor Co.

373 F. Supp. 956, 1974 U.S. Dist. LEXIS 9300

District Court, S.D. Florida | Filed: Mar 26, 1974 | Docket: 66095023

Published

challenge the statute creating the lien itself, § 713.58(1). The complaint requests a Three-Judge Court

Jack v. Northside Motors, Inc.

268 So. 2d 430

District Court of Appeal of Florida | Filed: Oct 31, 1972 | Docket: 64528435

Published

PER CURIAM. Affirmed. See Fla.Stat. § 713.58, F.S.A.; Gallucci v. Milavic, Fla.1958, 100 So.2d 375;