Florida Statute 713.22 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.22

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.

F.S. 713.22 on Google Scholar

F.S. 713.22 on CourtListener

Amendments to 713.22

Annotations, Discussions, Cases:

Cases Citing Statute 713.22

Total Results: 57

Holding Elec., Inc. v. Roberts

530 So. 2d 301, 13 Fla. L. Weekly 539, 1988 Fla. LEXIS 960, 1988 WL 93747

Supreme Court of Florida | Filed: Sep 8, 1988 | Docket: 1267567

Cited 18 times | Published

from the recording of the first claim of lien. § 713.22(1), Fla. Stat. (1985). The respondent, Roberts

Ruocco v. Brinker

380 F. Supp. 432, 1974 U.S. Dist. LEXIS 7707

District Court, S.D. Florida | Filed: Jul 9, 1974 | Docket: 1019862

Cited 13 times | Published

S.A. [10] F.S. § 713.21(4), F.S.A. [11] F.S. § 713.22, F.S.A. [12] F.S. § 713.05, F.S.A. and F.S. §

Allied Roofing Industries, Inc. v. Venegas

862 So. 2d 6, 2003 Fla. App. LEXIS 10825, 2003 WL 21658275

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 1763031

Cited 8 times | Published

forever barring a lien foreclosure action. See § 713.22(1), Fla. Stat. (2003).

J. Batten Corp. v. Oakridge Inv. 85, Ltd.

546 So. 2d 68, 14 Fla. L. Weekly 1553, 1989 Fla. App. LEXIS 3641, 1989 WL 69814

District Court of Appeal of Florida | Filed: Jun 29, 1989 | Docket: 1443102

Cited 8 times | Published

ORFINGER and COBB, JJ., concur. NOTES [1] See § 713.22, Fla. Stat. (1987).

FEDERATED STORES REALTY v. Burnstein

392 So. 2d 573

District Court of Appeal of Florida | Filed: Nov 5, 1980 | Docket: 1268645

Cited 8 times | Published

interest subjected to a lien has recourse to Section 713.22(2), Florida Statutes (1979) to reduce the time

Regal Wood Prod v. Ist Wis. Nat. Bank

347 So. 2d 643

District Court of Appeal of Florida | Filed: May 20, 1977 | Docket: 1431996

Cited 8 times | Published

an action to enforce the lien is commenced. Section 713.22(1). This is not like an ordinary statute of

Morse Diesel Intern. v. 2000 Island Blvd.

698 So. 2d 309, 1997 WL 422769

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 434006

Cited 6 times | Published

within the one (1) year period prescribed by section 713.22(1), Florida Statutes (1995) and/or Williams

Nachon Enterprises Inc. v. Alexdex Corp.

615 So. 2d 245, 1993 WL 63493

District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 407976

Cited 6 times | Published

Yarnell, 268 So.2d 454 (Fla. 4th DCA 1972). Section 713.22(1) provides that a lien is not enforceable

Scarfone v. Marin

442 So. 2d 282

District Court of Appeal of Florida | Filed: Nov 23, 1983 | Docket: 1515938

Cited 6 times | Published

lien, and therefore, the action was barred by section 713.22(1), Florida Statutes (1981). The appellees'

Harris Paint Company v. Multicon Properties, Inc.

326 So. 2d 43, 1976 Fla. App. LEXIS 14246

District Court of Appeal of Florida | Filed: Feb 3, 1976 | Docket: 1434351

Cited 6 times | Published

one year statute of limitations imposed by F.S. § 713.22(1) is applicable. Appellant filed its original

Coquina, Ltd. v. Nicholson Cabinet Co.

509 So. 2d 1344, 12 Fla. L. Weekly 1759

District Court of Appeal of Florida | Filed: Jul 21, 1987 | Docket: 1362094

Cited 5 times | Published

in order to meet the 60-day requirement of section 713.22(2). We hold, as apparently did the trial judge

State-Wide Construction, Inc. v. Dowda

424 So. 2d 198

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 1708277

Cited 5 times | Published

recorded claim of lien on the property pursuant to section 713.22, Florida Statutes (1981). Petitioner argues

American Fire & Cas. v. Davis Water & Waste

377 So. 2d 164, 1979 Fla. LEXIS 4873

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 423535

Cited 5 times | Published

its joinder as defendant was not timely under section 713.22(1), Florida Statutes (1973).[2] The district

Corry Const. Co. v. Hector Const. Companies, Inc.

363 So. 2d 1125

District Court of Appeal of Florida | Filed: Oct 17, 1978 | Docket: 1214323

Cited 5 times | Published

an action against the limited partnership. Section 713.22(1) requires that actions to enforce a claim

American Fire & Cas. Co. v. DAVIS WATER & WASTE IND., INC.

358 So. 2d 225

District Court of Appeal of Florida | Filed: Apr 25, 1978 | Docket: 1691080

Cited 5 times | Published

shall be commenced within the time specified in § 713.22 or if it appears that the transferred lien has

Hamilton v. Largo Paint & Decorating, Inc.

335 So. 2d 623, 1976 Fla. App. LEXIS 13935

District Court of Appeal of Florida | Filed: Jul 28, 1976 | Docket: 1306519

Cited 5 times | Published

barred by the one year limitation period prescribed § 713.22(1), F.S. 1973, and to dismiss the breach of contract

Jack Stilson & Co. v. Caloosa Bayview Corporation

278 So. 2d 282

Supreme Court of Florida | Filed: May 23, 1973 | Docket: 1356760

Cited 5 times | Published

running of the sixty days provided for in Fla. Stat. § 713.22(2)?" The facts of the case are fully delineated

CORBIN WELL PUMP & SUPPLY v. Koon

482 So. 2d 525, 11 Fla. L. Weekly 295

District Court of Appeal of Florida | Filed: Jan 30, 1986 | Docket: 1769803

Cited 4 times | Published

allowed to file the lien foreclosure, pursuant to section 713.22(1), Florida Statutes (1975).[1] The proper

B & H SALES, INC. v. Fusco Corp.

342 So. 2d 105, 1977 Fla. App. LEXIS 15063

District Court of Appeal of Florida | Filed: Feb 2, 1977 | Docket: 420969

Cited 4 times | Published

to file suit within one year as required by Section 713.22(1), Florida Statutes. Under the circumstances

Artistic Floors, Inc. v. Hallmark Builders, Inc. (In Re Hallmark Builders, Inc.)

54 B.R. 120, 1985 Bankr. LEXIS 5244

United States Bankruptcy Court, M.D. Florida | Filed: Sep 30, 1985 | Docket: 1765588

Cited 3 times | Published

Notice of Contest of Lien, filed pursuant to Florida Statute 713.22. The net effect of this notice was that

Pipeline Constructors, Inc. v. The Transition House, Inc., a Florida Corporation

257 So. 3d 606

District Court of Appeal of Florida | Filed: Oct 18, 2018 | Docket: 8048723

Cited 2 times | Published

in this case expiring on January 2, 2017. See § 713.22(2), Fla. Stat. Pipeline met the deadline by filing

Hiller v. Phoenix Associates of South Florida, Inc.

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

District Court of Appeal of Florida | Filed: Apr 8, 2016 | Docket: 3052072

Cited 2 times | Published

Hiller then filed a notice of contest under section 713.22(2), shortening the time within which Phoenix

Privas v. Brisson Custom Homes, Inc.

817 So. 2d 983, 2002 WL 1059536

District Court of Appeal of Florida | Filed: May 29, 2002 | Docket: 1430460

Cited 2 times | Published

Florida Statutes govern the outcome of this case. Section 713.22, Florida Statutes (2001), provides: (1) No

Foy v. Mangum

528 So. 2d 1331, 1988 WL 79838

District Court of Appeal of Florida | Filed: Aug 4, 1988 | Docket: 1367928

Cited 2 times | Published

court ruled for the Mangums on the ground that section 713.22(1),[1] Florida Statutes (1983), bars Foy's

Canam Sys., Inc. v. Lake Buchanan Dev. Corp.

375 So. 2d 582

District Court of Appeal of Florida | Filed: Aug 22, 1979 | Docket: 1352506

Cited 2 times | Published

shall be commenced within the time specified in § 713.22 or if it appears that the transferred lien has

DIVERSIFIED MORTG. INV. v. Benjamin

345 So. 2d 392

District Court of Appeal of Florida | Filed: May 3, 1977 | Docket: 1477767

Cited 2 times | Published

time prescribed in Part I of this Chapter". Section 713.22(1), Florida Statutes (1971) provides that "no

ALBERT RABIL and TAMARA RABIL v. SEASIDE BUILDERS, LLC

226 So. 3d 935, 2017 Fla. App. LEXIS 12474

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145389

Cited 1 times | Published

contractor’s counsel, which is not required by section 713.22(2), Florida Statutes (2016). We agree and reverse

City of Riviera Beach v. J & B Motel Corp.

213 So. 3d 1102, 2017 WL 1018521, 2017 Fla. App. LEXIS 3435

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 60263443

Cited 1 times | Published

structure to the one contained in Chapter 162. Section 713.22 is also titled “Duration of Lien” and, in pertinent

Snell v. Mott's Contracting Services, Inc.

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

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60241961

Cited 1 times | Published

filed a notice of contest of hen pursuant to section 713.22(2), Florida Statutes (2010), reducing the prescribed

LEHMANN DEVELOPMENT CORPORATION v. Nirenblatt

629 So. 2d 1098, 1994 WL 7699

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 1263995

Cited 1 times | Published

a construction lien must be commenced under section 713.22(1), Florida Statutes (1991). We hold that it

Meyerowich v. Carrere General Contractors, Inc.

611 So. 2d 41, 1992 Fla. App. LEXIS 12860, 1992 WL 379847

District Court of Appeal of Florida | Filed: Dec 23, 1992 | Docket: 64693129

Cited 1 times | Published

Appellant filed suit on May 4, 1990 as required by section 713.22(2), *42Florida Statutes (1989), to foreclose

Charles Redi-Mix, Inc. v. Phillips

580 So. 2d 166, 1991 WL 22530

District Court of Appeal of Florida | Filed: Jun 12, 1991 | Docket: 1717005

Cited 1 times | Published

affirmative defense of untimeliness because of section 713.22(2), Florida Statutes (1989), then moved for

EE Dean Snavely, Inc. v. Sullivan

360 So. 2d 451

District Court of Appeal of Florida | Filed: Jun 26, 1978 | Docket: 1474153

Cited 1 times | Published

after he filed his claim of lien as required by Section 713.22(1). We reject this argument. Moody sought in

VIC TANNY OF FLA. v. Fred McGilvray, Inc.

348 So. 2d 648

District Court of Appeal of Florida | Filed: Aug 2, 1977 | Docket: 1760491

Cited 1 times | Published

Lien upon Fred McGilvray, Inc., pursuant to Section 713.22, Florida Statutes (1971).[2] *650 6. On July

Dykema v. Trans State Industries, Inc.

303 So. 2d 52, 1974 Fla. App. LEXIS 8241

District Court of Appeal of Florida | Filed: Nov 13, 1974 | Docket: 1313585

Cited 1 times | Published

appellee, as authorized by the provisions of Section 713.22(2), Florida Statutes, duly served upon the

Jorge Hernandez v. Burleigh House Condominium, Inc.

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098946

Published

contesting First response’s claim of lien. See § 713.22(2), Fla. Stat. (2022). First Response then had

Pinnacle Construction Group, Inc. v. Tom Krips Construction, Inc.

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68177873

Published

within one year of recording its claim of lien. See § 713.22(1), Fla. Stat. (2016). Krips recorded its claim

JON M. HALL COMPANY, LLC v. CANOE CREEK INVESTMENTS, LLC, NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC, AND MML II, LLC

District Court of Appeal of Florida | Filed: Apr 12, 2024 | Docket: 68430706

Published

of contest of Hall's lien pursuant to section 713.22(2). In late May 2022, Hall recorded an

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

District Court of Appeal of Florida | Filed: Apr 5, 2023 | Docket: 63405132

Published

Florida Statutes. Woolems contended that under section 713.22, Stone House’s notice of contest of lien filed

FETTIG'S CONSTRUCTION, INC. v. PARADISE PROPERTIES & INTERIORS "LLC"

District Court of Appeal of Florida | Filed: Nov 4, 2020 | Docket: 18604179

Published

on May 1, 2018, thus the suit was timely. See § 713.22, Fla. Stat. (2019). Counts 2 and 3 alleged breach

FETTIG'S CONSTRUCTION, INC. v. PARADISE PROPERTIES & INTERIORS "LLC"

District Court of Appeal of Florida | Filed: Aug 12, 2020 | Docket: 17436370

Published

on May 1, 2018, thus the suit was timely. See § 713.22, Fla. Stat. (2019). Counts 2 and 3 alleged breach

Aulet v. Castro

44 So. 3d 140, 2010 Fla. App. LEXIS 10862, 2010 WL 2925386

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 60295566

Published

DCA 2003) (holding that sixty-day limit in section 713.22(2) to institute action to enforce lien treated

W.W. Plastering, Inc. v. Chism Construction Inc.

867 So. 2d 600, 2004 Fla. App. LEXIS 2677, 2004 WL 401387

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 64828659

Published

bond by following the procedures set forth in section 713.22(2), Florida Statutes, an action against a transferred

Pierson D. Construction, Inc. v. Yudell

863 So. 2d 413, 2003 Fla. App. LEXIS 19757, 2003 WL 23095239

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 64827482

Published

CONTEST OF A CONTRACTOR’S LIEN PURSUANT TO SECTION 713.22, FLORIDA STATUTES (2000), MUST A CONTRACTOR

Hoepner & Associates, Inc. v. Stewart Gilman Co.

648 So. 2d 854, 1995 Fla. App. LEXIS 308, 1995 WL 18383

District Court of Appeal of Florida | Filed: Jan 20, 1995 | Docket: 64753464

Published

See § 713.08(4)(b), Fla.Stat. (1991). . See § 713.22(1), Fla.Stat. (1991) (no lien shah continue for

Fort v. Lopez

580 So. 2d 227, 1991 Fla. App. LEXIS 3908, 1991 WL 66669

District Court of Appeal of Florida | Filed: May 2, 1991 | Docket: 64658982

Published

this action the one year period provided in section 713.22, Florida Statutes, for the bringing of an action

Blank v. Forsythe, Humphrey & Associates, AIA

567 So. 2d 57, 1990 Fla. App. LEXIS 7364, 1990 WL 140298

District Court of Appeal of Florida | Filed: Sep 28, 1990 | Docket: 64653182

Published

foreclose a mechanic’s lien. We agree that section 713.22(1), Florida Statutes (1987), did not preclude

Williams, Hatfield & Stoner, Inc. v. A & E Design, Inc.

538 So. 2d 505, 14 Fla. L. Weekly 346, 1989 Fla. App. LEXIS 447, 1989 WL 6312

District Court of Appeal of Florida | Filed: Feb 1, 1989 | Docket: 64640379

Published

shall be commenced within the time specified in section 713.22 or if it appears that the transferred lien

Scott v. Haufler

526 So. 2d 996, 13 Fla. L. Weekly 1363, 1988 Fla. App. LEXIS 2518, 1988 WL 59152

District Court of Appeal of Florida | Filed: Jun 8, 1988 | Docket: 64635469

Published

enforcement action within one year, as required by section 713.22(1), Florida Statutes (1985), we agree with

Site-Prep, Inc. v. Tai

472 So. 2d 766, 10 Fla. L. Weekly 1463, 1985 Fla. App. LEXIS 14949

District Court of Appeal of Florida | Filed: Jun 13, 1985 | Docket: 64613123

Published

counted in computing the sixty-day time period in section 713.22(2), Florida Statutes (1983). That section provides

Hiers v. Thomas

458 So. 2d 322, 9 Fla. L. Weekly 2093, 1984 Fla. App. LEXIS 15222

District Court of Appeal of Florida | Filed: Sep 28, 1984 | Docket: 64607801

Published

allegation that the suit was not timely filed. See § 713.22(1), Fla.Stat. (1983). Appellee moved to dismiss

W. Allen Young & Associates, Inc. v. Emmer Development Corp. (In re W. Allen Young & Associates, Inc.)

15 B.R. 20, 1981 Bankr. LEXIS 3194

United States Bankruptcy Court, M.D. Florida | Filed: Aug 10, 1981 | Docket: 65778004

Published

mechanics lien claim within 60 days as required by Fla.Stat. 713.22(2) when the lien claim is contested and therefore

Associated Television & Communications, Inc. v. Dutch Village Mobile Homes of Melbourne, Ltd.

347 So. 2d 746, 1977 Fla. App. LEXIS 15791

District Court of Appeal of Florida | Filed: Jun 17, 1977 | Docket: 64559342

Published

recording of said claim of lien, pursuant to F.S. 713.22(1) (1975). This interlocutory appeal results

National Motel Corp. v. Lareau

327 So. 2d 116

District Court of Appeal of Florida | Filed: Feb 25, 1976 | Docket: 64552560

Published

filing of a suit to enforce a mechanic’s lien under § 713.22(1), F.S.1973, on Monday following expiration of

General Guaranty Insurance v. Sunrise Nursing Homes, Inc.

326 So. 2d 446, 1976 Fla. App. LEXIS 14322

District Court of Appeal of Florida | Filed: Feb 13, 1976 | Docket: 64552445

Published

shall be commenced within the time specified in § 713.22 the clerk shall return said security upon request

Boston v. Ames Appliance Center, Inc.

312 So. 2d 548, 1975 Fla. App. LEXIS 15009

District Court of Appeal of Florida | Filed: May 6, 1975 | Docket: 64546291

Published

of its complaint. The sixty-day provision of § 713.-22, Fla.Stat., reads in part as follows: “(2) An

Jack Stilson & Co. v. Caloosa Bayview Corp.

265 So. 2d 85, 1972 Fla. App. LEXIS 6382

District Court of Appeal of Florida | Filed: Jun 28, 1972 | Docket: 64527074

Published

running of the sixty days provided for in Fla.Stat. § 713.-22(2), F.S.A.? This appears to be a novel question