Florida Statute 713.21 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

View Entire Chapter

F.S. 713.21

713.21 Discharge of lien.—A lien properly perfected under ¹this chapter may be discharged, or released in whole or in part, by any of the following methods:

(1) By entering satisfaction of the lien upon the margin of the record thereof in the clerk’s office when not otherwise prohibited by law. This satisfaction must be signed by the lienor or the lienor’s agent or attorney and attested by said clerk. Any person who executes a claim of lien has authority to execute a satisfaction in the absence of actual notice of lack of authority to any person relying on the same.

(2) By the satisfaction or release of the lienor, duly acknowledged and recorded in the clerk’s office. The satisfaction or release must include the lienor’s notarized signature and set forth the official records’ reference number and recording date affixed by the recording office on the subject lien. Any person who executes a claim of lien has authority to execute a satisfaction or release in the absence of actual notice of lack of authority to any person relying on the same.

(3) By failure to begin an action to enforce the lien within the time prescribed in this part.

(4) By an order of the circuit court of the county where the property is located, as provided in this subsection. Upon filing a complaint by any interested party the clerk shall issue a summons to the lienor to show cause within 20 days after service of the summons why his or her lien should not be enforced by action or vacated and canceled of record. Upon failure of the lienor to show cause why his or her lien should not be enforced or the lienor’s failure to commence such action before the return date of the summons the court shall order cancellation of the lien.

(5) By recording in the clerk’s office the original or a certified copy of a judgment or decree of a court of competent jurisdiction showing a final determination of the action.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 810, ch. 97-102; s. 10, ch. 2023-226.

¹Note.—The language “this chapter” predates inclusion of this material in chapter 713 and, when initially included in this section’s text, referred to former chapter 84, Mechanics Liens. The Florida Uniform Federal Lien Registration Act was enacted without reference to statutory placement by ch. 92-25, Laws of Florida, and was added as part IV of chapter 713 by the editors.

Note.—Former s. 84.211.

F.S. 713.21 on Google Scholar

F.S. 713.21 on Casetext

Amendments to 713.21

Arrestable Offenses / Crimes under Fla. Stat. 713.21

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.21.

Annotations, Discussions, Cases:

Cases Citing Statute 713.21

Total Results: 20

In Re of Abraham Calixte and Dorothy Drouillard a/k/a Dorothy Calixte v. Coastal Building Contractors, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-05-01

Snippet: respondent’s construction lien as required by section 713.21(4), Florida Statutes (2023). For the reasons discussed

KMG PROPERTIES, LLC v. OWL CONSTRUCTION, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-04-24

Snippet: Owl did not respond to the complaint. See § 713.21(4), Fla. Stat. (2023). KMG obtained a clerk's

WOOLEMS, INC. v. CATALINA CASTSTONE CREATIONS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2023-04-05

Snippet: for discharge of the lien pursuant to section 713.21(4), Florida Statutes, asserting that because of

Newman v. Guerra

Court: District Court of Appeal of Florida | Date Filed: 2017-01-04

Citation: 208 So. 3d 314, 2017 Fla. App. LEXIS 54

Snippet: connection with a summons to show cause under s. 713.21, or as a counterclaim or cross-claim to any action

Classical & Innovative Designs, Inc. v. Max South Construction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-11-16

Citation: 208 So. 3d 763, 2016 Fla. App. LEXIS 17093

Snippet: can-celled pursuant to Florida Statute Section 713.21(4) (2014). Contractor then transferred CID’s lien

Gator Boring & Trenching, Inc. v. Westra Construction Corp.

Court: District Court of Appeal of Florida | Date Filed: 2016-10-05

Citation: 210 So. 3d 175, 2016 Fla. App. LEXIS 14801

Snippet: connection with a summons to show cause under s. 713.21, or as a counterclaim or cross-claim to any action

Wells v. Halmac Development, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-04-13

Citation: 189 So. 3d 1015, 2016 WL 1445437, 2016 Fla. App. LEXIS 5586

Snippet: connection with a summons to show cause under s. 713.21, or as a counterclaim or cross-claim to any action

Hiller v. Phoenix Associates of South Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-04-08

Citation: 189 So. 3d 272, 2016 WL 1386642, 2016 Fla. App. LEXIS 5404

Snippet: statutory proceeding, such as one under section 713.21(4), the trial court does not have the same discretion

Andre Franklin, Inc. v. Wax

Court: District Court of Appeal of Florida | Date Filed: 2014-10-08

Citation: 150 So. 3d 815, 2014 Fla. App. LEXIS 15787, 2014 WL 5002130

Snippet: alleging (1) a show cause action pursuant to section 713.21, Florida Statutes (2012), for issuance of a summons

Village at Dolphin Commerce Center, LLC v. Construction Service Solutions, LLC

Court: District Court of Appeal of Florida | Date Filed: 2014-05-21

Citation: 143 So. 3d 942, 2014 Fla. App. LEXIS 7703, 2014 WL 2116361

Snippet: enforcing the arbitrator’s award. See §§ 713.08, 713.21, Fla. Stat. (2009).” See also, McDaniel v. Berhalter

Snell v. Mott's Contracting Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2014-05-21

Citation: 141 So. 3d 605, 2014 WL 2118044, 2014 Fla. App. LEXIS 7649

Snippet: the lien did not meet the requirement of section 713.21(4) that an action to enforce the lien be commenced

ROYAL PALM COLLECTION, INC. v. Lewis

Court: District Court of Appeal of Florida | Date Filed: 2010-06-02

Citation: 36 So. 3d 168, 2010 Fla. App. LEXIS 7651, 2010 WL 2178757

Snippet: enforcing the arbitrator's award. See §§ 713.08, 713.21, Fla. Stat. (2009); Mills v. Robert W. Gottfried

KA Properties, LLC v. USA Construction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-05-28

Citation: 35 So. 3d 1015, 2010 Fla. App. LEXIS 7688

Snippet: it was served with a summons pursuant to section 713.21(4), Florida Statutes (2008). We have jurisdiction

Unnerstall v. Designerick, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-09-18

Citation: 17 So. 3d 900, 2009 Fla. App. LEXIS 13786, 2009 WL 2971869

Snippet: strictly comply with the requirements of section 713.21(4), Florida Statutes (2008),[1] to avoid cancellation

Brookshire v. GP Const. of Palm Beach, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2008-11-05

Citation: 993 So. 2d 179, 2008 WL 4791048

Snippet: to show cause issued by the clerk under section 713.21(4), Florida Statutes. That subsection provides

Ruffolo v. Parish & Bowman, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-09-18

Citation: 966 So. 2d 434, 2007 WL 2700194

Snippet: Appellee's mechanic's lien pursuant to section 713.21(4), Florida Statutes (2006). We agree; therefore

Milton Construction Co. v. JMS Development Construction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-08-01

Citation: 967 So. 2d 234, 2007 Fla. App. LEXIS 11791, 2007 WL 2188458

Snippet: vacated and canceled of record, pursuant to section 713.21(4), Florida Statutes (2006). When JMS did not respond

Catalfumo Construction Ltd. v. Elizabeth Jason Corp.

Court: District Court of Appeal of Florida | Date Filed: 2004-03-24

Citation: 867 So. 2d 1279, 2004 Fla. App. LEXIS 3740

Snippet: GRANTED. We hold that the 20-day provision in section 713.21(4), Florida Statutes (2003), does not begin to

Dracon Const., Inc. v. FACILITY CONST. MANAGEMENT, INC.

Court: District Court of Appeal of Florida | Date Filed: 2002-10-23

Citation: 828 So. 2d 1069, 2002 Fla. App. LEXIS 15507, 2002 WL 31374820

Snippet: certificate of transfer. *1070 Pursuant to section 713.21(4), Florida Statutes (2001), Facility filed a complaint

Zager Plumbing, Inc. v. JPI National Construction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-05-09

Citation: 785 So. 2d 660, 2001 Fla. App. LEXIS 6184, 2001 WL 485721

Snippet: complaint to discharge the lien under subsection 713.21(4), Florida Statutes (1999). Under this statute