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Back to State Equine Agister's/Feed Lien Statutes Main Page
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Florida
Florida Liens for Services to Horses
NOTE: Florida has liens for veterinary services and breeding,
but has no special lien for farriers. However, the Florida
agister's lien would cover some farrier services.
I. Veterinarian's Lien
FLORIDA STATUTES
TITLE XL. REAL AND PERSONAL PROPERTY
CHAPTER 713. LIENS, GENERALLY
PART II. MISCELLANEOUS LIENS
713.655. Liens for professional services of veterinarians
In favor of any veterinarian who renders professional services
to an animal at the request of the owner of the animal,
the owner's agent, or a bailee, lessee, or custodian of
the animal, for the unpaid portion of the fees for such
professional services, upon the animal to which such services
were rendered. Such lien shall remain valid and enforceable
for a period of 1 year from the date the professional services
were rendered, and such lien is to be enforced in the manner
provided for the enforcement of other liens on personal
property in this state.
Florida Liens for Care of Horses
II. Breeder's Lien
TITLE XL. REAL AND PERSONAL PROPERTY
CHAPTER 713. LIENS, GENERALLY
PART II. MISCELLANEOUS LIENS
713.70. Lien for service of stallions and other animals
In favor of owners of stallions, jackasses or bulls, upon
the colt or calf of the get of said stallion, jackass or
bull, and also upon the mare, jenny or cow served by said
stallion, jackass or bull in breeding thereof for the sum
stipulated to be paid for the service thereof, by filing
at any time within eighteen months after the date of service
a statement of the account thereof, together with the description
as to color and markings of the female served, and the name
of the owner at the date of service, in the office of the
county clerk of the county wherein the owner of the said
female resided at the time of service. Neither the mare,
jenny or cow, nor the get thereof, shall be sold within
eighteen months after the date of service, unless the service
fee shall be paid, unless such sale shall be agreed to and
approved in writing by the owner of the stallion, jackass
or bull at the time of the sale or transfer of the mare,
jenny or cow, or offspring thereof. At any time after such
mare, jenny or cow shall conceive, anyone having the lien
herein provided may enforce the same in the same manner
as is now provided by law.
III. Agister's Lien
TITLE XL. REAL AND PERSONAL PROPERTY
CHAPTER 713. LIENS, GENERALLY
PART II. MISCELLANEOUS LIENS
713.65. Liens for care and maintenance of animals
In favor of all persons feeding or caring for the horse
or other animal of another, including all keepers of livery,
sale or feed or feed stables, for feeding or taking care
of any horse or other animal put in their charge; upon such
horse or other animal.
713.73. Priority of foregoing liens
Liens for labor and liens for material provided for by this
law shall take priority among themselves according to the
times that the notices required to create such liens respectively
were given or were recorded in the cases where record is
required; that is to say, each such lien which shall have
attached to the property shall be paid before any such lien
which shall have subsequently attached thereto, shall be
entitled to be paid.
713.74. Acquisition of liens by persons in privity with
the owner
As against the owner of personal property upon which a lien
is claimed under this part II, the lien shall be acquired
by any person in privity with the owner by the performance
of the labor or the furnishing of the materials. There shall
be no lien upon personal property as against purchasers
and creditors without notice unless the person claiming
the lien is in possession of the property upon which the
lien is claimed. The lien shall continue as long as the
possession continues, not to exceed three months after performance
of the labor or furnishing the material.
713.75. Acquisition of liens by persons not in privity
with the owner
A person entitled to acquire a lien not in privity with
the owner of the personal property shall acquire a lien
upon the owner's personal property as against the owner
and persons claiming through her or him by delivery to the
owner of a written notice that the person for whom the labor
has been performed or the material furnished is indebted
to the person performing the labor or furnishing the material
in the sum stated in the notice. A person who is performing
or is about to perform labor or is furnishing or is about
to furnish materials for personal property may deliver to
the owner a written cautionary notice that he will do so.
A lien shall exist from the time of delivery of either notice
for the amount unpaid on the contract of the owner with
the person contracting with the lienor and the delivery
of the notice shall also create a personal liability against
the owner of the personal property in favor of the lienor
giving the notice, but not to a greater extent than the
amount then unpaid on the contract between the owner and
the person with whom the owner contracted. There shall be
no lien upon personal property as against creditors and
purchasers without notice except under the circumstances
and for the time prescribed in s. 713.74 and for the amount
of the debt due to the lienor at the time of the service
of the notice provided for in this section.
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.
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