The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 85
ENFORCEMENT OF STATUTORY LIENS

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F.S. 85.021

85.021 Enforcement by persons not in privity with the owner.—A person not in privity with the owner may resort to any of the remedies prescribed by s. 85.011. The judgment may provide for the recovery from the contractor or other person for whom the labor or material was furnished, if the contractor or other person is joined in the action, of the amount due by him or her, and from the owner of the amount due by the owner to the contractor or other person as aforesaid, at the time of the service of the notice provided for by s. 713.75 of part II of chapter 713, as well as enforce the lien against the property of such owner for such amount, but only one satisfaction of the judgment shall be had. Although no lien is found to exist and no judgment rendered against the owner, judgment may be rendered against the contractor or other person for whom the labor or materials were furnished for the amount due by him or her.

History.—RS 1744; s. 15, ch. 5143, 1903; GS 2213; RGS 3520; CGL 5383; s. 37, ch. 67-254; s. 456, ch. 95-147.

Note.—Former s. 86.07.

F.S. 85.021 on Google Scholar

F.S. 85.021 on Casetext

Amendments to 85.021

Arrestable Offenses / Crimes under Fla. Stat. 85.021

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 85.021.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ODONNELL, On v. HARRIS COUNTY, TEXAS,, 251 F. Supp. 3d 1052 (S.D. Tex. 2017)

. . . Local Gov’t Code § 85.021. . . .

ODONNELL, On v. HARRIS COUNTY, TEXAS,, 227 F. Supp. 3d 706 (S.D. Tex. 2016)

. . . Local Gov’t Code § 85.021 (“The sheriff shall execute all process and precepts directed to the sheriff . . .

UNITED STATES v. SPRUILL,, 292 F.3d 207 (5th Cir. 2002)

. . . parties to a proceeding may agree in writing to the terms of a protective order as provided by Section 85.021 . . .

LOGAN CONSTRUCTION COMPANY, a v. WARREN BROTHERS CONSTRUCTION COMPANY, a, 268 So. 2d 369 (Fla. 1972)

. . . The same language in the statutory provision of § 85.021 for enforcement of liens by persons not in privity . . .

CANADA DRY BOTTLING CO. OF FLORIDA, a Co. a v. MEEKINS, INC. OF DADE COUNTY, a, 219 So. 2d 439 (Fla. Dist. Ct. App. 1969)

. . . .§ 85.021, Fla.Stat. (1967), F.S.A. . See note 2. . See note 1. . See note 2. . See note 1. . . . .