Florida Statutes

Fla. Stat. § 713.22 (2025)

Duration of lien.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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713.22 Duration of lien.—

(1) A lien provided by this part does not continue for a longer period than 1 year after the claim of lien has been recorded or 1 year after the recording of an amended claim of lien that shows a later date of final furnishing of labor, services, or materials, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction. A lien that has been continued beyond the 1-year period by the commencement of an action is not enforceable against creditors or subsequent purchasers for a valuable consideration and without notice, unless a notice of lis pendens is recorded.

(2) An owner or the owner’s attorney may elect to shorten the time prescribed in subsection (1) within which to commence an action to enforce any claim of lien or claim against a bond or other security under s. 713.23 or s. 713.24 by recording in the clerk’s office a notice in substantially the following form:

NOTICE OF CONTEST OF LIEN

To: (Name and address of lienor)

You are notified that the undersigned contests the claim of lien filed by you on , (year) , and recorded in Book , Page , of the public records of County, Florida, and that the time within which you may file suit to enforce your lien is limited to 60 days from the date of service of this notice. This day of , (year) .

Signed: (Owner or Attorney)

The lien of any lienor upon whom such notice is served and who fails to institute a suit to enforce his or her lien within 60 days after service of such notice is extinguished automatically. The clerk shall serve, in accordance with s. 713.18, a copy of the notice of contest on the lienor at the address shown in the claim of lien or most recent amendment thereto and shall certify to such service and the date of service on the face of the notice and record the notice. After the clerk records the notice with the certificate of service, the clerk shall serve, in accordance with s. 713.18, a copy of such recorded notice on the lienor and the owner or the owner’s attorney. The clerk of the court shall charge fees for such services as provided by law.

History.—s. 1, ch. 63-135; s. 13, ch. 65-456; s. 35, ch. 67-254; s. 9, ch. 77-353; s. 811, ch. 97-102; s. 31, ch. 99-6; s. 12, ch. 2007-221; s. 10, ch. 2012-211; s. 11, ch. 2023-226.

Note.—Former s. 84.221.

Notes of Decisions

Cited in 56 cases (4 in the last 5 years), 1972–2025 · leading case: Hiller v. Phoenix Assocs. of South Florida, Inc., 189 So. 3d 272 (Fla. 2d DCA 2016).

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Hiller v. Phoenix Assocs. of South Florida, Inc., 189 So. 3d 272 (Fla. 2d DCA 2016). · cites it 6× “1st DCA 2004) (“[U]nless an owner elects to shorten the time for filing an action against a bond by following the procedures set forth in section 713.22(2), Florida Statutes, an action against a transferred lien must be filed — in the circuit court — within one year of the date…”

Snell v. Mott's Contracting Servs., Inc., 141 So. 3d 605 (Fla. 2d DCA 2014). · cites it 11× “29 because it failed to take any action to enforce the claim of lien under section 713.22 within the sixty days after the lien was contested.”

Harris Paint Co. v. Multicon Props., Inc., 326 So. 2d 43 (Fla. 1st DCA 1976). · cites it 6× “The question to be resolved is whether the one year statute of limitations imposed by F.S. § 713.22(1) is applicable. Appellant filed its original complaint against appellee Multicon Properties, Inc.”

Foy v. Mangum, 528 So. 2d 1331 (Fla. 5th DCA 1988). · cites it 10× “NOTES [1] Section 713.22(1), Florida Statutes (1983) provides: 713.”

B & H Sales, Inc. v. Fusco Corp., 342 So. 2d 105 (Fla. 2d DCA 1977). · cites it 5× “The court below, having found that the appellant had failed to name the true fee simple owner of certain real property as a proper party defendant by its correct corporate name, dismissed the action for failure to file suit within one year as required by Section 713.22(1),…”

Pierson D. Constr., Inc. v. Yudell, 863 So. 2d 413 (Fla. 4th DCA 2003). · cites it 8× “” § 713.22(1), Fla. Stat. (2000). An owner may “shorten” the one-year time period if the owner files a notice of contest of lien pursuant to section 713.”

Diversified Mortg. Inv. v. Benjamin, 345 So. 2d 392 (Fla. 3d DCA 1977). · cites it 6× “Section 713.22(1), Florida Statutes (1971) provides that "no lien provided by Part I of this Chapter shall continue for a longer period than one year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced in a court of…”

Jack Stilson & Co. v. Caloosa Bayview Corp., 278 So. 2d 282 (Fla. 1973). · cites it 6× “[1] The question certified by the District Court is as follows: "Does the filing of an amended claim of lien [mechanics' lien] toll the running of the sixty days provided for in Fla. Stat. § 713.22 (2)?" The facts of the case are fully delineated in the opinion of the District…”

Holding Elec., Inc. v. Roberts, 530 So. 2d 301 (Fla. 1988). · cites it 2× “§ 713.22(1), Fla. Stat. (1985). The respondent, Roberts, in October, 1986, moved to dismiss the complaint on grounds that the petitioner had failed to deliver a contractor's affidavit at least five days before instituting the action to foreclose the mechanic's lien.”

Privas v. Brisson Custom Homes, Inc., 817 So. 2d 983 (Fla. 4th DCA 2002). · cites it 4× “§ 713.22, Fla. Stat. (2001); Hoepner & Assocs.”

Pipeline Constructors, Inc. v. The Transition House, Inc., a Florida Corp., 257 So. 3d 606 (Fla. 1st DCA 2018). · cites it 4× “See § 713.22(2), Fla. Stat. Pipeline met the deadline by filing its complaint against Transition House to enforce the lien, and for unjust enrichment, in the circuit court on December 27, 2016.”

Am. Fire & Cas. Co. v. Davis Water & Waste Ind., Inc., 358 So. 2d 225 (Fla. 4th DCA 1978). · cites it 3× “(1975), which reads: "If no proceeding to enforce a transferred lien shall be commenced within the time specified in § 713.22 or if it appears that the transferred lien has been satisfied *227 of record, the clerk shall return said security upon request of the person depositing…”

Show all 56 citing cases →

— 713.22(1) — 29 cases

Harris Paint Co. v. Multicon Props., Inc., 326 So. 2d 43 (Fla. 1st DCA 1976). “The question to be resolved is whether the one year statute of limitations imposed by F.S. § 713.22(1) is applicable. Appellant filed its original complaint against appellee Multicon Properties, Inc.”

B & H Sales, Inc. v. Fusco Corp., 342 So. 2d 105 (Fla. 2d DCA 1977). “The court below, having found that the appellant had failed to name the true fee simple owner of certain real property as a proper party defendant by its correct corporate name, dismissed the action for failure to file suit within one year as required by Section 713.22(1),…”

Diversified Mortg. Inv. v. Benjamin, 345 So. 2d 392 (Fla. 3d DCA 1977). “Section 713.22(1), Florida Statutes (1971) provides that "no lien provided by Part I of this Chapter shall continue for a longer period than one year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced in a court of…”

Holding Elec., Inc. v. Roberts, 530 So. 2d 301 (Fla. 1988). “§ 713.22(1), Fla. Stat. (1985). The respondent, Roberts, in October, 1986, moved to dismiss the complaint on grounds that the petitioner had failed to deliver a contractor's affidavit at least five days before instituting the action to foreclose the mechanic's lien.”

Regal Wood Prod v. Ist Wis. Nat. Bank, 347 So. 2d 643 (Fla. 4th DCA 1977).

— 713.22(2) — 19 cases

Hiller v. Phoenix Assocs. of South Florida, Inc., 189 So. 3d 272 (Fla. 2d DCA 2016). “1st DCA 2004) (“[U]nless an owner elects to shorten the time for filing an action against a bond by following the procedures set forth in section 713.22(2), Florida Statutes, an action against a transferred lien must be filed — in the circuit court — within one year of the date…”

Pipeline Constructors, Inc. v. The Transition House, Inc., a Florida Corp., 257 So. 3d 606 (Fla. 1st DCA 2018). “See § 713.22(2), Fla. Stat. Pipeline met the deadline by filing its complaint against Transition House to enforce the lien, and for unjust enrichment, in the circuit court on December 27, 2016.”

Charles Redi-Mix, Inc. v. Phillips, 580 So. 2d 166 (Fla. 4th DCA 1991).

Pierson D. Constr., Inc. v. Yudell, 863 So. 2d 413 (Fla. 4th DCA 2003). “” § 713.22(1), Fla. Stat. (2000). An owner may “shorten” the one-year time period if the owner files a notice of contest of lien pursuant to section 713.”

Coquina, Ltd. v. Nicholson Cabinet Co., 509 So. 2d 1344 (Fla. 1st DCA 1987).

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