United States · Florida construction liens
When must a Florida lienor enforce after a notice of contest?
Section 713.22(2) permits the owner or attorney to shorten enforcement through the prescribed notice of contest. The lien is automatically extinguished if the served lienor fails to institute enforcement within sixty days after service. Clerk certification, recording and recorded-copy service are required. This guide calculates no lawsuit date.
- Period
- Sixty days after prescribed contest service within the applicable lien-enforcement history
- Trigger
- Actual prescribed service of the notice of contest, with the full recording and original-lien history
- Rule
- 2026 Florida Statutes section 713.22(2)
2026 Florida Statutes, October 1, 2026 civil compilation and July 1, 2026 general practice compilation
Source guide · No automated date
Establish the complete Florida construction-lien or private-bond procedure
A service-date preset cannot establish prescribed clerk service, recorded-copy delivery or the applicable original and show-cause boundaries. It also omits statutory emergency-clerk tolling. No computed or paid contested-lien date is released.
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Which actual event starts this Florida construction-lien or private-bond period?
Read the prescribed notice and identify the contested recorded lien or transferred security.
Preserve the clerk’s section 713.18 service evidence, face certificate and actual date.
Preserve the recorded notice copies and institute the applicable competent-court suit within the governing period.
2026 Florida Statutes section 713.22(2)How does Florida treat this construction-lien period?
- Read the prescribed notice and identify the contested recorded lien or transferred security.
- Use prescribed service rather than assuming contest recording starts sixty days. Compare the underlying lien and any earlier judicial shortening procedure. Section 713.011 supplies its final-day and qualifying emergency-clerk provisions. This guide computes no date.
- Preserve the actual statutory holidays, clerk calendar and qualifying emergency closure records.
- Complete the required act with the proper court or recipient.
Section 713.011(1) extends a final Saturday, Sunday, specified section 110.117(1) holiday, clerk-observed holiday or chief-judge designated holiday to the next business day. Subsection (2) separately addresses emergency clerk closure preventing in-person recording or filing. On reopening, its period extends by the number of closed days. Preserve the actual calendar and closure records. Do not add that tolling automatically to noncourt service.
2026 Florida Statutes section 713.011(1),(2)Why does this procedure need a separate comparison?
A service-date preset cannot establish prescribed clerk service, recorded-copy delivery or the applicable original and show-cause boundaries. It also omits statutory emergency-clerk tolling. No computed or paid contested-lien date is released.
Which Florida construction-lien or private-bond qualifications change the procedure?
- The statutory clerk sequence requires its actual records
- The clerk serves the notice under section 713.18, certifies service and date on its face, and records it. The clerk then serves recorded copies on the stated parties. A recorded notice without the prescribed service history does not establish this sixty-day event.
- Mailing does not establish every statutory service event
- Section 713.18 states the permitted recipients and service methods. Its early-mailing notice branch has separate forty-day and postal-proof requirements. Its other mailing or shipping branch requires the stated correct address and no-fault undeliverable return. Preserve actual delivery or the complete applicable deemed-service proof.
- A contest or show-cause summons can shorten enforcement
- Section 713.22(2) provides sixty days after prescribed contest service. Section 713.21(4) provides a separate twenty-day show-cause summons procedure. Preserve every served instrument and court return date. A later notice does not establish permission to revive an already expired lien.
- Failure produces automatic extinguishment under the stated provision
- Section 713.22(2) expressly extinguishes the lien when the served lienor fails to institute its enforcement suit within the stated period. Preserve competent-court filing, not merely a demand, negotiation or notice of intent to sue.
- The construction-lien statute has its own time provisions
- Section 713.011(1) extends a qualifying final weekend or holiday to the next business day. Subsection (2) separately tolls recording and court-filing periods during its qualifying emergency clerk closure. Preserve the actual clerk calendar and closure history. The current single-date preset does not implement that statutory history.
- This guide does not establish lien entitlement, valid notice, sworn amounts, completed service or recording, a timely action or an actual judicial ruling.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida construction-lien or private-bond act
When must a Florida lienor enforce after a notice of contest?
Can I enter only the contest’s recording date?
The statute measures sixty days after service. Establish prescribed service and its actual certified date.
2026 Florida Statutes section 713.22(2)Does a demand letter institute the enforcement suit?
The statute requires instituting suit to enforce the lien. Preserve actual competent-court commencement.
2026 Florida Statutes section 713.22(2)Can the same contest shorten transferred-lien enforcement?
Section 713.22(2) includes a lien transferred to a bond or other security under its specified sections. Establish the actual transfer.
2026 Florida Statutes section 713.22(2)Official Florida construction-lien or private-bond sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 713.22(2) | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 713.22(2) | The statutory clerk sequence requires its actual records |
| 2026 Florida Statutes section 713.18(1)–(4) | Mailing does not establish every statutory service event |
| 2026 Florida Statutes section 713.22(1),(2) | A contest or show-cause summons can shorten enforcement |
| 2026 Florida Statutes section 713.22(2) | Failure produces automatic extinguishment under the stated provision |
| 2026 Florida Statutes section 713.011(1),(2) | The construction-lien statute has its own time provisions |
| 2026 Florida Statutes section 713.011(1),(2) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 713.18(1)–(4) | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.050 | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |