Business owners take note: tucked away in Florida Statues section II, chapter 713 — long forgotten by most businesses and their lawyers — are personal property lien laws available to help businesses obtain relief from nonpaying customers. These liens are much like construction liens imposed on real property, except they attach to improved tangible property. Many of these laws, based in Florida’s agricultural and industrial history, sit untouched since they were enacted decades ago.
While many of the liens are relatively easy to perfect and enforce, how that happens is inconsistent. There is uncertainty and occasionally, in the case of enforcement, an unfairness in favor of the businesses (the lienholders). Nonetheless, the lien rights are there, waiting to be used by the myriad of businesses that have their roots in manufacturing, repair, design, agriculture or caring for the property of another.
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