Removing a lien from a property in Florida is an essential part of finalizing a construction project. While liens serve as powerful tools to secure payment, they come with strict regulations, timelines, and procedures for their release. Whether you’re a contractor, subcontractor, or supplier, understanding Florida lien law ensures you stay compliant and get paid efficiently. In this guide, we walk you through the key aspects of lien removal in Florida, from legal statutes to actionable steps.

Understanding Florida Lien Law (Florida Statutes Chapter 713)

Florida’s construction lien law is governed by Chapter 713 of the Florida Statutes. This legal framework provides contractors and suppliers the right to file a mechanics lien when payment is delayed or withheld. However, with that right comes the responsibility of properly managing and eventually releasing the lien.

Key elements of Chapter 713 include:

  • Who may file a lien (e.g., general contractors, subcontractors, material suppliers)
  • Deadlines for serving Notices to Owner
  • Timeframes for filing and enforcing the lien
  • Legal obligations for releasing a lien once payment has been received

Failing to adhere to the law can result in penalties or loss of lien rights, making it crucial to understand your responsibilities under this statute.

Mechanics Lien Expiration and Owner Countermeasures

A mechanics lien in Florida is valid for one year from the date it is recorded, unless enforcement action is taken. However, this timeline can be shortened by the property owner through legal tactics, such as:

  • Notice of Contest of Lien: This document requires the lienor to file a lawsuit within 60 days or lose the lien.
  • Action to Show Cause: A court filing that compels the lienor to justify the lien’s existence, often shortening the lifespan even further.

Lienors also have the option to extend their lien’s validity through amendments under certain conditions. Being proactive and aware of these timelines helps contractors avoid inadvertently forfeiting their claims.

Getting Paid: Why Releasing a Lien Matters

Receiving full payment is a major milestone, but the job isn’t done until the lien is officially released. Holding onto a lien after payment has been made can:

  • Expose you to legal liability
  • Damage relationships with clients
  • Delay property transactions

Contractors should always ensure payment is cleared in the bank before proceeding with a release to prevent financial risk. Timely and accurate lien release signals professionalism and builds trust with all stakeholders.

How to Release a Mechanics Lien in Florida: Key Steps

To release a lien in Florida, follow these key steps:

  1. Complete the Florida Discharge of Lien Form: This form requires:
    • Property description and address
    • Names and addresses of the claimant and property owner
    • Lien recording details (date and book/page number)
    • Statement of satisfaction and reason for release
  2. File the Form in the Appropriate County: Submit the completed Discharge of Lien to the same county clerk’s office where the original lien was filed.
  3. Notify the Property Owner: After filing, send a copy of the recorded release to the property owner as proof of discharge.

Following these steps ensures you stay compliant with Florida law and helps avoid disputes or delays.

Florida Property Owners Take Control: Bonding Off a Mechanics Lien and Court Actions

Florida law gives property owners tools to address liens that they believe are improper or obstructive:

  • Bonding Off a Lien: Owners can transfer a lien to a surety bond, removing it from the property title. This allows sales or refinancing to proceed while the dispute is resolved.
  • Canceling a Lien Through Court: In rare cases, owners may petition the court to cancel a lien they believe was wrongfully filed. This route is complex and usually reserved for extraordinary circumstances.

These mechanisms give property owners more control, but they also place a time-sensitive burden on the lien claimant to act.

Contractor Concerns: Irreversibility, Business Decisions, and Timelines

Releasing a lien prematurely—especially before confirmed payment—can result in irreversible consequences. Important considerations include:

  • Finality: Once a lien is released, it generally cannot be reinstated unless exceptional circumstances like fraud are proven.
  • Payment Security: Only release a lien when funds have been fully processed, not just promised.
  • Business Strategy: Early release may be used as a goodwill gesture in ongoing relationships, but it must be weighed against the financial risks.

Sound lien management is both a legal necessity and a strategic business tool.

FAQs on Removing a Lien in Florida: Expert Answers

What is the validity period for a mechanics lien in Florida?

In Florida, a mechanics lien is typically valid for one year after filing. However, amendments can extend this timeframe under certain circumstances, providing flexibility for contractors.

Can a property owner shorten the lien expiration timeframe?

Yes, property owners in Florida have options to expedite the lien removal process. They can utilize tactics such as filing a Notice of Contest of Lien or initiating an Action to Show Cause, requiring the lien claimant to act promptly.

What happens if I release a lien before getting paid?

Releasing a lien before receiving payment is a business decision. Lienguard recommends exercising caution and ensuring the funds are securely in the bank before releasing a claim to avoid potential complications.

How do I fill out a Florida Discharge of Lien form?

Filling out the Florida Discharge of Lien form requires attention to detail. Lienguard advises including essential information such as property details, claimant and owner information, lien filing details, and a clear reason for releasing the claim.

Can a lien be transferred to a bond by a property owner?

Yes, Florida’s construction lien law allows property owners to transfer a mechanics lien to a bond, known as bonding off a mechanics lien. While not common, it provides an alternative for property owners to address the lien without affecting the property’s sale.

Are there circumstances where a lien claim can be reinstated?

Reinstating a lien claim in Florida is rare but may occur under exceptional circumstances, such as instances of fraud or undue influence. Generally, the court allows reinstatement only for compelling reasons

Choose Lienguard for all lien needs and experience a streamlined, transparent, and secure lien waiver process. Embrace the power of Lienguard today and elevate your lien management to new heights!