(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 shall be signed by the lienor, the lienor’s agent or attorney and attested by said clerk. Any person who executes a claim of lien shall have 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 of the lienor, duly acknowledged and recorded in the clerk’s office. Any person who executes a claim of lien shall have authority to execute a satisfaction 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 therefor by any interested party the clerk shall issue a summons to the lienor to show cause within 20 days 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 forthwith 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.
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.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 713 - Liens, Generally
Part I - Construction Liens (Ss. 713.001-713.37)
713.001 - Short title of part.
713.012 - Written notices, demands, or requests.
713.015 - Mandatory provisions for direct contracts.
713.02 - Types of lienors and exemptions.
713.03 - Liens for professional services.
713.04 - Subdivision improvements.
713.05 - Liens of persons in privity.
713.06 - Liens of persons not in privity; proper payments.
713.09 - Single claim of lien.
713.11 - Liens for improving land in which the contracting party has no interest.
713.13 - Notice of commencement.
713.132 - Notice of termination.
713.135 - Notice of commencement and applicability of lien.
713.14 - Application of money to materials account.
713.15 - Repossession of materials not used.
713.16 - Demand for copy of contract and statements of account; form.
713.165 - Request for list of subcontractors and suppliers.
713.17 - Materials not attachable for debts of purchaser.
713.18 - Manner of serving notices and other instruments.
713.20 - Waiver or release of liens.
713.235 - Waivers of right to claim against payment bond; forms.
713.24 - Transfer of liens to security.
713.245 - Conditional payment bond.
713.25 - Applicability of ch. 65-456.
713.30 - Other actions not barred.
713.31 - Remedies in case of fraud or collusion.
713.32 - Insurance proceeds liable for demands.
713.33 - Disbursing agent and others may rely on owner’s notices.
713.345 - Moneys received for real property improvements; penalty for misapplication.
713.346 - Payment on construction contracts.
713.3471 - Lender responsibilities with construction loans.