(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 shall be extinguished automatically. The clerk shall serve, in accordance with s. 713.18, a copy of the notice of contest to the lien claimant 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.
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.
Note.—Former s. 84.221.
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.