The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

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F.S. 559.917

559.917 Bond to release possessory lien claimed by motor vehicle repair shop.—

(1)(a) A customer or a person of record claiming a lien against a motor vehicle may obtain the release of the motor vehicle from any lien claimed under part II of chapter 713 by a motor vehicle repair shop for repair work performed under a written repair estimate by filing with the clerk of the court in the circuit in which the disputed transaction occurred a cash or surety bond, payable to the person claiming the lien and conditioned for the payment of any judgment which may be entered on the lien. The bond shall be in the amount stated on the invoice required by s. 559.911, plus accrued storage charges, if any, less any amount paid to the motor vehicle repair shop as indicated on the invoice. The customer or person shall not be required to institute judicial proceedings in order to post the bond in the registry of the court and shall not be required to use a particular form for posting the bond unless the clerk provides such form to the customer or person for filing. Upon the posting of such bond, the clerk of the court shall automatically issue a certificate notifying the lienor of the posting of the bond and directing the lienor to release the motor vehicle.

(b) The lienor shall have 60 days to file suit to recover the bond. The prevailing party in that action may be entitled to damages plus court costs and reasonable attorney fees. If the lienor fails to file suit within 60 days after the posting of such bond, the bond shall be discharged by the clerk.

(2) The failure of a lienor to release or return to the customer or person the motor vehicle upon which any lien is claimed, upon receiving a copy of a certificate giving notice of the posting of the bond and directing release of the motor vehicle, shall subject the lienor to judicial proceedings which may be brought by the customer or person to compel compliance with the certificate. Whenever a customer or person brings an action to compel compliance with the certificate, the customer or person need only establish that:

(a) Bond in the amount of the invoice, plus accrued storage charges, if any, less any amount paid to the motor vehicle repair shop as indicated on the invoice, was posted;

(b) A certificate was issued pursuant to this section;

(c) The motor vehicle repair shop, or any employee or agent thereof who is authorized to release the motor vehicle, received a copy of a certificate issued pursuant to this section; and

(d) The motor vehicle repair shop or employee authorized to release the motor vehicle failed to release the motor vehicle.

The customer or person, upon a judgment in her or his favor in an action brought under this subsection, may be entitled to damages plus court costs and reasonable attorney fees sustained by her or him by reason of such wrongful detention or retention. Upon a judgment in favor of the motor vehicle repair shop, the shop may be entitled to reasonable attorney fees.

(3) A motor vehicle repair shop that, or an employee or agent thereof who is authorized to release the motor vehicle who, upon receiving a copy of a certificate giving notice of the posting of the bond in the required amount and directing release of the motor vehicle, fails to release or return the property to the customer or person pursuant to this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) A customer or person who stops payment on a credit card charge or a check drawn in favor of a motor vehicle repair shop on account of an invoice or who fails to post a cash or surety bond pursuant to this section shall be prohibited from any recourse under this section with respect to the motor vehicle repair shop.

History.—s. 1, ch. 80-139; s. 147, ch. 91-224; s. 827, ch. 97-103; s. 1, ch. 2019-73.

F.S. 559.917 on Google Scholar

F.S. 559.917 on Casetext

Amendments to 559.917

Arrestable Offenses / Crimes under Fla. Stat. 559.917

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

S559.917 - FRAUD - RENUMBERED. SEE REC # 8714 - M: S

S559.917 3 - FRAUD - FAIL TO RELEASE LIENED VEHICLE AFTER POST BOND - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

SANDERS FARM OF OCALA, INC. a v. BAY AREA TRUCK SALES, INC. a d b a, 235 So. 3d 1010 (Fla. Dist. Ct. App. 2017)

. . . stopped payment on the check when he learned from counsel that he could bond off the obligation, see § 559.917 . . .

I- MOTORSPORTS, INC. v. GOLDBERG L., 155 So. 3d 449 (Fla. Dist. Ct. App. 2015)

. . . The plaintiff filed multiple counts and attorneys’ fees were sought pursuant to section 559.917(l)(b) . . . Section 559.917(l)(b) provides in pertinent part, “The prevailing party in that action may be entitled . . .

SIAM MOTORS, INC. v. P. SPIVEY,, 136 So. 3d 692 (Fla. Dist. Ct. App. 2014)

. . . sought to prevent Spivey from offering any evidence at trial because he did not comply with section 559.917 . . . Spivey from introducing any evidence at trial because he did not post a cash or surety-bond as section 559.917 . . . Section 559.917(4) requires the posting of a cash or surety bond to obtain “any recourse under this section . . . Section 559.917 deals with bonds to release posses-sory liens claimed under part II of chapter 713, Florida . . .

AMERICA ATLANTIC TRANSMISSION d b a v. NICE CAR, INC., 112 So. 3d 639 (Fla. Dist. Ct. App. 2013)

. . . a lien holder, was not entitled to invoke the right of possession upon posting a bond under section 559.917 . . . done on the vehicle and accrued storage charges in accordance with the Motor Vehicle Repair Act. § 559.917 . . . The second is section 559.917, found Part IX of Florida’s Regulations of Trade, Commerce and Investments . . . We find further support for our holding in section 559.917, “Bond to release posses-sory lien claimed . . . In contrast, Nice Car is neither the owner, nor the customer as that term defined in section 559.917. . . .

TOLSON v. BOB WADE FORD, INC., 23 Fla. Supp. 2d 138 (Fla. Cir. Ct. 1987)

. . . . § 559.917(l)(a) (1985) releasing a possessory lien for repairs to a 1981 Ford Escort in the amount . . .

TOLSON v. BOB WADE FORD, INC., 35 Fla. Supp. 2d 32 (Fla. Cir. Ct. 1987)

. . . . § 559.917(1)(a) (1985) releasing a possessory lien for repairs to a 1981 Ford Escort in the amount . . .

SHELTEE, INC. d b a v. DAVIS, d b a, 472 So. 2d 831 (Fla. Dist. Ct. App. 1985)

. . . Respondent posted a bond in accordance with section.., 559.917, Florida Statutes (1983) and obtained . . . but it does contain an allegation that petitioner seeks attorney’s fees and costs pursuant to section 559.917 . . . Approximately nine months later, respondent moved for release of the bond pursuant to section 559.917 . . . leave to amend to plead a claim against the bond, the time for such an action had expired under section 559.917 . . .

ASSOCIATES COMMERCIAL CORPORATION s v. T. ROSS, d b a, 465 So. 2d 663 (Fla. Dist. Ct. App. 1985)

. . . the lien-holder does not have an absolute right to possession during the three month period; section 559.917 . . . This does not, however, weaken the logic of Ocala Foundry since the bond procedures of section 559.917 . . . Section 559.917, Florida Statutes (1983) thus reduces the harshness of the three month rule as applied . . . Under section 559.917 a garageman may not hold a vehicle hostage, even for three months, since the owner . . . Section 559.917, while affording a practical solution to the problem of the lienor inconveniently holding . . .