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The Florida Statutes
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The 1995 Florida Statutes
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713.22 Duration of
lien. ---
(1) No lien provided by this part shall continue for
a longer period than 1 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 competent jurisdiction. The continuation
of the lien effected by the commencement of the action shall not be
good against creditors or subsequent purchasers for a valuable
consideration and without notice, unless a notice of lis pendens is
recorded.
(2) An owner or his agent or 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 19, 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 19.
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 lien within 60 days after
service of such notice shall be extinguished automatically. The
clerk shall mail 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 on the face of
such notice and record the notice. Service shall be deemed complete
upon mailing.
History: s. 1, ch. 63-135; s. 13, ch. 65-456; s. 35, ch. 67-254; s.
9, ch. 77-353.
Note. Former s. 84.221.
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