713.21
Discharge of lien.
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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.
Notes of Decisions
Cited in 45
cases (4 in the last 5 years), 1972–2025 · leading case: Dracon Const., Inc. v. FACILITY CONST. MANAGEMENT, INC.
Dracon Const., Inc. v. FACILITY CONST. MANAGEMENT, INC. (2002)
“*1070 Pursuant to section 713.21(4), Florida Statutes (2001), Facility filed a complaint seeking an order cancelling the lien.”
Goldberger v. UNITED PL. & HEAT., INC. (1978)
“76-493, Appellants filed a complaint to discharge four liens pursuant to Section 713.21(4), Florida Statutes (1975), alleging the existence of a valid contractor's payment bond as grounds for discharge of the liens recorded against their property.”
Mainlands Const. Co. v. WEN-DIC CONST. CO. (1986)
“On March 24, 1983, Mainlands filed suit seeking to discharge the mechanic's lien pursuant to section 713.21, Florida Statutes (1983). Wen-Dic answered and filed a counterclaim requesting foreclosure of the mechanic's lien in count I.”
Zager Plumbing, Inc. v. JPI National Construction, Inc. (2001)
“On the first page of the complaint, the general contractor stated: By this lawsuit, JPI seeks only to remove a cloud against title to the Property as contemplated by Section 713.21, Florida Statutes, relief which is unavailable in an arbitration proceeding.”
Ruffolo v. Parish & Bowman, Inc. (2007)
“Section 713.21, Florida Statutes (2006), states: Discharge of lien.”
FEDERATED STORES REALTY v. Burnstein (1980)
“Petitioners seek a writ of mandamus to compel the trial court to discharge certain mechanics' liens under the provisions of Section 713.21(4), Florida Statutes (1979).”
Matrix Const. Corp. v. MECCA CONST. INC. (1991)
“Section 713.21 provides that a lien properly perfected under the lien chapter may be discharged (4) By an order of the circuit court of the county where the property is located, as provided in this subsection.”
Sturge v. LCS Development Corp. (1994)
“Section 713.21, Florida Statutes (1993), provides the means by which a properly perfected lien may be discharged.”
Ruocco v. Brinker (1974)
“Failure to serve any claim of lien in the prescribed manner within ten days after recording renders the claim of lien voidable to the extent that such failure or delay is shown to have been prejudicial to any person entitled to rely on it.”
Scott v. Premium Development, Inc. (1976)
“By default a judgment was entered against Scott canceling his recorded mechanics lien under § 713.21(4), F.S. 1973, declaring it fraudulent under § 713.”
Neely v. Firstplus Financial, Inc. (In re Neely) (2000)
“§ 713.21, Fla. Stat. (West 2000). The Acosta Court interpreted § 713.”
Wen-Dic Construction Co. v. Mainlands Construction Co. (1985)
“On March 24, 1983, appellee filed suit against appellant seeking discharge of the mechanic’s lien pursuant to section 713.21. Appellant answered and filed affirmative defenses.”
— 713.21(2014) — 1 case
— 713.21(3) — 3 cases
Ruocco v. Brinker (1974)
“Failure to serve any claim of lien in the prescribed manner within ten days after recording renders the claim of lien voidable to the extent that such failure or delay is shown to have been prejudicial to any person entitled to rely on it.”
Scott v. Haufler (1988)
— 713.21(4) — 36 cases
Dracon Const., Inc. v. FACILITY CONST. MANAGEMENT, INC. (2002)
“*1070 Pursuant to section 713.21(4), Florida Statutes (2001), Facility filed a complaint seeking an order cancelling the lien.”
Goldberger v. UNITED PL. & HEAT., INC. (1978)
“76-493, Appellants filed a complaint to discharge four liens pursuant to Section 713.21(4), Florida Statutes (1975), alleging the existence of a valid contractor's payment bond as grounds for discharge of the liens recorded against their property.”
Mainlands Const. Co. v. WEN-DIC CONST. CO. (1986)
“On March 24, 1983, Mainlands filed suit seeking to discharge the mechanic's lien pursuant to section 713.21, Florida Statutes (1983). Wen-Dic answered and filed a counterclaim requesting foreclosure of the mechanic's lien in count I.”
FEDERATED STORES REALTY v. Burnstein (1980)
“Petitioners seek a writ of mandamus to compel the trial court to discharge certain mechanics' liens under the provisions of Section 713.21(4), Florida Statutes (1979).”
Ruffolo v. Parish & Bowman, Inc. (2007)
“Section 713.21, Florida Statutes (2006), states: Discharge of lien.”
— 713.21(5) — 3 cases
Neely v. Firstplus Financial, Inc. (In re Neely) (2000)
“§ 713.21, Fla. Stat. (West 2000). The Acosta Court interpreted § 713.”
In re Madden (2001)
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