Florida Statutes

Fla. Stat. § 713.76 (2025)

Release of lien by filing bond.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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713.76 Release of lien by filing bond.—

(1) Any lienee may release his or her property from any lien claimed thereon under this part by filing with the clerk of the circuit court a cash or surety bond, payable to the person claiming the lien, in the amount of the final bill, and conditioned for the payment of any judgment which may be recovered on said lien, with costs.

(2) Whenever a lienee brings an action in the appropriate court with respect to any property which has been wrongfully detained by a lienor in violation of this section, the lienee, upon a judgment in the lienee’s favor, shall be entitled to damages, reasonable court costs, and attorney’s fees sustained by the lienee by reason of such wrongful detention.

(3) Any lienor who, upon the posting of the bond, fails to release or return the property to the lienee pursuant to this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 8, ch. 1632, 1868; RS 1749; s. 19, ch. 5143, 1903; GS 2225; RGS 3532; CGL 5396; s. 36, ch. 67-254; s. 1, ch. 77-387; s. 167, ch. 91-224; s. 829, ch. 97-102.

Note.—Former s. 85.27.

Arrestable Offenses under F.S. 713.76

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

§713.76FRAUDFAIL RETURN RELEASE LIEN PROP AFTER BOND POSTM · 2nd

Notes of Decisions

Cited in 4 cases, 1979–2005 · leading case: State v. Miller, 373 So. 2d 677 (Fla. 1979).

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State v. Miller, 373 So. 2d 677 (Fla. 1979). · cites it 13× “We decide in this appeal the constitutionality of section 713.76, Florida Statutes (1977). In granting appellee’s motion to dismiss, the County Court of Dade County declared section 713.”

Stinson v. Feminist Women's Health Ctr., Inc., 416 So. 2d 1183 (Fla. 1st DCA 1982). · cites it 3× “76(2), Florida Statutes, cited in the final judgment as authorizing the fee award, is inapplicable.”

Archive Am., Inc. v. Variety Child.'s Hosp., 873 So. 2d 359 (Fla. 3d DCA 2004). · cites it 2× “[3] Miller upheld the constitutionality of section 713.76, Florida Statutes (1977), which permitted release of a possessory lien established by section 713.”

Creston Aviation, Inc. v. TEXTRON Fin., 900 So. 2d 727 (Fla. 4th DCA 2005). · cites it 2× “NOTES [1] Section 713.76 provides in part that: (2) Whenever a lienee brings an action in the appropriate court with respect to any property which has been wrongfully detained by a lienor in violation of this section, the lienee .”

— 713.76(1) — 1 case

Stinson v. Feminist Women's Health Ctr., Inc., 416 So. 2d 1183 (Fla. 1st DCA 1982). “76(2), Florida Statutes, cited in the final judgment as authorizing the fee award, is inapplicable.”

— 713.76(2) — 2 cases

Stinson v. Feminist Women's Health Ctr., Inc., 416 So. 2d 1183 (Fla. 1st DCA 1982). “76(2), Florida Statutes, cited in the final judgment as authorizing the fee award, is inapplicable.”

Creston Aviation, Inc. v. TEXTRON Fin., 900 So. 2d 727 (Fla. 4th DCA 2005). “NOTES [1] Section 713.76 provides in part that: (2) Whenever a lienee brings an action in the appropriate court with respect to any property which has been wrongfully detained by a lienor in violation of this section, the lienee .”

— 713.76(3) — 1 case

State v. Miller, 373 So. 2d 677 (Fla. 1979). “We decide in this appeal the constitutionality of section 713.76, Florida Statutes (1977). In granting appellee’s motion to dismiss, the County Court of Dade County declared section 713.”

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