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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XL. REAL AND PERSONAL PROPERTY |
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CHAPTER 713. LIENS, GENERALLY |
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PART I. CONSTRUCTION LIENS |
- 1(1) 2A 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.108(2) 109An 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. 147713.23 148or s. 150713.24 151by recording in the clerk’s office a notice in substantially the following form:
164NOTICE OF CONTEST OF LIEN
169To: 170(Name and address of lienor)
175You are notified that the undersigned contests the claim of lien filed by you on , 190(year) , 191and recorded in 194Book , 195Page , 196of the public records of 201County, 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 231day of , 233(year) 234.
235Signed: 236(Owner or Attorney)
239The 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. 283713.18, 284a 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.
