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Florida Statute 713.21 | Lawyer Caselaw & Research
F.S. 713.21 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
F.S. 713.21
713.21 Discharge of lien.A lien properly perfected under 1this chapter may be discharged, or released in whole or in part, by any of the following methods:
(1) By entering satisfaction of the lien upon the margin of the record thereof in the clerk’s office when not otherwise prohibited by law. This satisfaction must be signed by the lienor or the lienor’s agent or attorney and attested by said clerk. Any person who executes a claim of lien has authority to execute a satisfaction in the absence of actual notice of lack of authority to any person relying on the same.
(2) By the satisfaction or release of the lienor, duly acknowledged and recorded in the clerk’s office. The satisfaction or release must include the lienor’s notarized signature and set forth the official records’ reference number and recording date affixed by the recording office on the subject lien. Any person who executes a claim of lien has authority to execute a satisfaction or release in the absence of actual notice of lack of authority to any person relying on the same.
(3) By failure to begin an action to enforce the lien within the time prescribed in this part.
(4) By an order of the circuit court of the county where the property is located, as provided in this subsection. Upon filing a complaint by any interested party the clerk shall issue a summons to the lienor to show cause within 20 days after service of the summons why his or her lien should not be enforced by action or vacated and canceled of record. Upon failure of the lienor to show cause why his or her lien should not be enforced or the lienor’s failure to commence such action before the return date of the summons the court shall order cancellation of the lien.
(5) By recording in the clerk’s office the original or a certified copy of a judgment or decree of a court of competent jurisdiction showing a final determination of the action.
History.s. 1, ch. 63-135; s. 35, ch. 67-254; s. 810, ch. 97-102; s. 10, ch. 2023-226.
1Note.The language “this chapter” predates inclusion of this material in chapter 713 and, when initially included in this section’s text, referred to former chapter 84, Mechanics Liens. The Florida Uniform Federal Lien Registration Act was enacted without reference to statutory placement by ch. 92-25, Laws of Florida, and was added as part IV of chapter 713 by the editors.
Note.Former s. 84.211.

F.S. 713.21 on Google Scholar

F.S. 713.21 on Casetext

Amendments to 713.21


Arrestable Offenses / Crimes under Fla. Stat. 713.21
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.21.



Annotations, Discussions, Cases:

Cases from cite.case.law:

NEWMAN, v. GUERRA,, 208 So. 3d 314 (Fla. Dist. Ct. App. 2017)

. . . instituted independently of any other action, or in connection with a summons to show cause under s. 713.21 . . .

CLASSICAL INNOVATIVE DESIGNS, INC. v. MAX SOUTH CONSTRUCTION, INC. BH LLC,, 208 So. 3d 763 (Fla. Dist. Ct. App. 2016)

. . . lien should not be enforced by action or vacated and/or can-celled pursuant to Florida Statute Section 713.21 . . . Contractor then transferred CID’s lien to cash security pursuant to Florida Statute Section 713.21(2014 . . . As required by Florida Statute Section 713.21, within one year of Contractor transferring the construction . . .

GATOR BORING TRENCHING, INC. v. WESTRA CONSTRUCTION CORP. a a, 210 So. 3d 175 (Fla. Dist. Ct. App. 2016)

. . . instituted independently of any other action, or in connection with a summons to show cause under s. 713.21 . . .

N. WELLS O. v. HALMAC DEVELOPMENT, INC., 189 So. 3d 1015 (Fla. Dist. Ct. App. 2016)

. . . instituted independently of any other action, or in connection with a summons to show cause under s. 713.21 . . .

HILLER, v. PHOENIX ASSOCIATES OF SOUTH FLORIDA, INC., 189 So. 3d 272 (Fla. Dist. Ct. App. 2016)

. . . So.2d 1069, 1071 (Fla. 4th DCA 2002) (“In a special statutory proceeding, such as one under section 713.21 . . .

ANDRE FRANKLIN, INC. a v. WAX, 150 So. 3d 815 (Fla. Dist. Ct. App. 2014)

. . . filed a four-count complaint against Franklin alleging (1) a show cause action pursuant to section 713.21 . . .

VILLAGE AT DOLPHIN COMMERCE CENTER, LLC, v. CONSTRUCTION SERVICE SOLUTIONS, LLC,, 143 So. 3d 942 (Fla. Dist. Ct. App. 2014)

. . . See §§ 713.08, 713.21, Fla. Stat. (2009).” See also, McDaniel v. . . .

M. SNELL v. MOTT S CONTRACTING SERVICES, INC., 141 So. 3d 605 (Fla. Dist. Ct. App. 2014)

. . . arbitrate filed in response to a complaint to discharge the lien did not meet the requirement of section 713.21 . . .

BLAZY, v. JEFFERSON COUNTY REGIONAL PLANNING COMMISSION S., 438 F. App'x 408 (6th Cir. 2011)

. . . . § 713.21 and operates in accordance with the Articles of Cooperation and Bylaws adopted by the Commission . . . Ohio Rev.Code Ann. § 713.21(C) provides that the Commission may establish committees with the powers . . . Code Ann. § 713.21(C) or with the Articles of Cooperation and Bylaws. . . . See Ohio Rev.Code Ann. § 713.21(C) (“All actions of ... committees shall be reported in writing to the . . . Ann. § 713.21(C). . Blazy disputes the applicability of Ramsey. . . .

ROYAL PALM COLLECTION, INC. v. B. LEWIS, 36 So. 3d 168 (Fla. Dist. Ct. App. 2010)

. . . See §§ 713.08, 713.21, Fla. Stat. (2009); Mills v. Robert W. . . .

KA PROPERTIES, LLC, v. USA CONSTRUCTION, INC., 35 So. 3d 1015 (Fla. Dist. Ct. App. 2010)

. . . Respondent failed to timely assert its rights after it was served with a summons pursuant to section 713.21 . . . against Petitioner’s property, Petitioner invoked the special statutory procedure authorized by section 713.21 . . . 20 days why his or her lien should not be enforced by action or vacated and canceled of record.” § 713.21 . . .

J. UNNERSTALL M. v. DESIGNERICK, INC. a, 17 So. 3d 900 (Fla. Dist. Ct. App. 2009)

. . . that Designerick’s answer and counterclaims failed to strictly comply with the requirements of section 713.21 . . . stating that it had properly filed its counterclaims within the twenty days, as required by section 713.21 . . . within twenty days or that cause be shown within that period why enforcement should not be commenced. § 713.21 . . . twenty-day limit in which to assert by counterclaim or otherwise a foreclosure of the lien under section 713.21 . . . Section 713.21, states, in pertinent part: A lien properly perfected under this chapter may be discharged . . .

BROOKSHIRE J. v. GP CONSTRUCTION OF PALM BEACH, INC. a, 993 So. 2d 179 (Fla. Dist. Ct. App. 2008)

. . . which was served on the contractor, along with an order to show cause issued by the clerk under section 713.21 . . . The twenty day period provided in section 713.21(4) does not allow for exceptions, such as extensions . . .

R. RUFFOLO v. PARISH BOWMAN, INC. a, 966 So. 2d 434 (Fla. Dist. Ct. App. 2007)

. . . Appellee’s motion for reconsideration and failing to vacate Appellee’s mechanic’s lien pursuant to section 713.21 . . . Appellants then filed a petition for order to show cause pursuant to section 713.21(4), Florida Statutes . . . Section 713.21, Florida Statutes (2006), states: Discharge of lien. . . . When a property owner invokes section 713.21(4), a lienor must strictly comply with section 713.21(4) . . . Because Appellants invoked section 713.21(4) and the court issued its show cause order on November 8, . . .

MILTON CONSTRUCTION COMPANY, v. JMS DEVELOPMENT CONSTRUCTION, INC., 967 So. 2d 234 (Fla. Dist. Ct. App. 2007)

. . . claim of lien should not be enforced by action or vacated and canceled of record, pursuant to section 713.21 . . .

CATALFUMO CONSTRUCTION LTD. a v. ELIZABETH JASON CORPORATION, a P. S., 867 So. 2d 1279 (Fla. Dist. Ct. App. 2004)

. . . We hold that the 20-day provision in section 713.21(4), Florida Statutes (2003), does not begin to run . . .

DRACON CONSTRUCTION, INC. v. FACILITY CONSTRUCTION MANAGEMENT, INC., 828 So. 2d 1069 (Fla. Dist. Ct. App. 2002)

. . . The “language of [section 713.21(4) ] requires that an action for enforcement be filed within 20 days . . . A “ ‘lienor may commence an action to enforce his lien under 713.21(4), by filing a lien foreclosure . . . There, a lienor filed a motion for enlargement of time to respond to a section 713.21(4) complaint on . . . The court wrote that: [Section 713.21(4)] requires “that an action for enforcement be filed within 20 . . . In a special statutory proceeding, such as one under section 713.21(4), the trial court does not have . . .

In L. MADDEN a k a, 274 B.R. 551 (Bankr. M.D. Fla. 2001)

. . . Commencement, and the Final Judgment of Foreclosure was entered, the hen has been discharged pursuant to § 713.21 . . . The question is, however, whether the discharge provisions of § 713.21(5) apply to a Final Judgment entered . . .

ZAGER PLUMBING, INC. v. JPI NATIONAL CONSTRUCTION, INC., 785 So. 2d 660 (Fla. Dist. Ct. App. 2001)

. . . JPI filed a complaint to discharge the lien under subsection 713.21(4), Florida Statutes (1999). . . . lawsuit, JPI seeks only to remove a cloud against title to the Property as contemplated by Section 713.21 . . . Until Zager filed its answer and counterclaim under subsection 713.21(4), it could not be known whether . . . 794 (Fla. 3d DCA 1996), as having not involved the mechanism for discharge of lien under subsection 713.21 . . .

S. BARLOW L. v. MOLLOY,, 773 So. 2d 93 (Fla. Dist. Ct. App. 2000)

. . . that is addressed on this appeal is count III, an “Action for Order to Show Cause” pursuant to section 713.21 . . .

In L. NEELY, Jr. E. L. Jr. E. v., 256 B.R. 322 (Bankr. M.D. Fla. 2000)

. . . Based on Florida Statutes § 713.21(5), the Court found that the lienholder’s interest was extinguished . . . Section 713.21 provides in relevant part: A lien properly perfected under this chapter [a mechanics’ . . . The mechanics’ lien statute, § 713.21, does not discharge mechanics’ liens or other junior interests . . . Rather, § 713.21(5) discharges mechanics’ liens at the entry of a judgment related to the subject matter . . . Additionally, no Florida court has applied § 713.21(5) to a junior mortgagee situation. . . .

PONCE INVESTMENTS, INC. v. FINANCIAL CAPITAL OF AMERICA,, 718 So. 2d 280 (Fla. Dist. Ct. App. 1998)

. . . instituted independently of any other action, or in connection with a summons to show cause under s. 713.21 . . .

METAL FOAM INDUSTRIES, INC. v. WATSON, 716 So. 2d 328 (Fla. Dist. Ct. App. 1998)

. . . The Watsons filed a complaint against MFI requesting relief pursuant to section 713.21(4), Florida Statutes . . .

In ACOSTA, ACOSTA, v. MARION COUNTY, FLORIDA,, 200 B.R. 57 (Bankr. M.D. Fla. 1996)

. . . Fla.Stat. ch. 713.21(5) (1995). . . .

JOSEPH MIDDLEBROOKS ASSOCIATES, INC. v. FYNE- KEMP,, 664 So. 2d 72 (Fla. Dist. Ct. App. 1995)

. . . . § 713.21(4), Fla.Stat. (1993); see Holding Elec., Inc. v. . . .

HANLEY v. J. KAJAK d b a, 661 So. 2d 1248 (Fla. Dist. Ct. App. 1995)

. . . the trial court’s legal conclusion that the Hanleys’ commencement of an action pursuant to section 713.21 . . .

MARTIN, v. JACK YANKS CONSTRUCTION CO., 650 So. 2d 120 (Fla. Dist. Ct. App. 1995)

. . . instituted independently of any other action, or in connection with a summons to show cause under s. 713.21 . . .

Dr. STURGE v. LCS DEVELOPMENT CORPORATION, 643 So. 2d 53 (Fla. Dist. Ct. App. 1994)

. . . The complaint asserted a count requesting that the lien be discharged pursuant to section 713.21(4), . . . Section 713.21, Florida Statutes (1993), provides the means by which a properly perfected lien may be . . .

NACHON ENTERPRISES INC. a v. ALEXDEX CORPORATION, a, 615 So. 2d 245 (Fla. Dist. Ct. App. 1993)

. . . subsequently filed its Motion to Discharge the lien in Circuit Court, pursuant to the provisions of Section 713.21 . . .

In PARKER STEEL COMPANY, J. HUNTER, v. SOCIETY BANK TRUST,, 149 B.R. 834 (Bankr. N.D. Ohio 1992)

. . . Notwithstanding these stipulations, however, the court finds that Debtor’s payment to defendant of $25,-713.21 . . .

A M PAINTING, v. S. JENNINGS,, 598 So. 2d 335 (Fla. Dist. Ct. App. 1992)

. . . See § 713.21(4), Fla.Stat. (1991). . . .

MATRIX CONSTRUCTION CORP. v. MECCA CONSTRUCTION, INC., 578 So. 2d 388 (Fla. Dist. Ct. App. 1991)

. . . law certiora-ri challenges the entry of an order which abated an action brought pursuant to section 713.21 . . . Matrix Construction Co., et al., as plaintiffs, filed a complaint in the trial court pursuant to section 713.21 . . . Section 713.21 provides that a lien properly perfected under the lien chapter may be discharged (4) By . . . Thus, the time element of section 713.21 is one established by the legislature and recognized by the . . . twenty-day limit in which to assert by counterclaim or otherwise a foreclosure of the lien under section 713.21 . . .

KRASNE- GOLD COAST JOINT VENTURE, a By KRASNE HOLLYWOOD, INC. a a v. ALLIED DRYWALL, INC., 573 So. 2d 194 (Fla. Dist. Ct. App. 1991)

. . . The relevant portions of section 713.21, Florida Statutes (1989), provides: 713.21. . . . The language of section 713.21(4), quoted above, is mandatory. . . . Further, there is no provision under section 713.21 or otherwise for the court to entertain a motion . . .

FLORIDA PRECAST CONCRETE, INC. v. TURNER CONSTRUCTION COMPANY, a, 564 So. 2d 204 (Fla. Dist. Ct. App. 1990)

. . . canceling appellant’s claim of lien because of appellant’s failure to comply with the provisions of section 713.21 . . . appellant’s claim that the transfer of the lien to a money bond precluded the application of section 713.21 . . . While I agree with the majority that the provisions of section 713.21(4) apply regardless of the transfer . . . where the circumstances involved both a transfer of the lien to bond before service of the section 713.21 . . .

M. SCOTT P. M. D. D. S. P. A. v. E. HAUFLER, B. L. J. O L. O A. W. F. O. C. L. G. J. C. Co. d b a Co., 526 So. 2d 996 (Fla. Dist. Ct. App. 1988)

. . . Section 713.21(3), Florida Statutes (1985); Diversified Mortgage Investors v. . . . For further clarification, on this issue, see the statutory history of sections 713.21 and 713.22, Florida . . .

MAINLANDS CONSTRUCTION CO. INC. v. WEN- DIC CONSTRUCTION CO. INC., 482 So. 2d 1369 (Fla. 1986)

. . . On March 24, 1983, Mainlands filed suit seeking to discharge the mechanic’s lien pursuant to section 713.21 . . . amended counterclaim on the ground that Wen-Dic was barred from foreclosing the lien under section 713.21 . . . Under section 713.21(4), after a complaint for discharge of a mechanic’s lien has been filed, the lienor . . . seeking to foreclose the lien was a proper means of avoiding a cancellation of the lien under section 713.21 . . . . 4th DCA 1978), the court stated that “[a] lienor may commence an action to enforce his lien under 713.21 . . .

WEN- DIC CONSTRUCTION CO. INC. a v. MAINLANDS CONSTRUCTION CO. INC. a, 463 So. 2d 1187 (Fla. Dist. Ct. App. 1985)

. . . appellee filed suit against appellant seeking discharge of the mechanic’s lien pursuant to section 713.21 . . . Under section 713.21(4), after a complaint for discharge of a mechanic’s lien has been filed, the lienor . . . did not respond to the complaint to discharge the lien within the twenty-day requirement of section 713.21 . . . to foreclose the mechanic’s lien is a proper means to avoid cancellation of the lien under section 713.21 . . . Accordingly, the amendment related back to the timely original counterclaim so that 713.21(4) does not . . .

SUNSHINE BUILDERS, v. TAYLOR, d b a SUNSHINE BUILDERS OF PALM BEACH, INC. v. TAYLOR, d b a, 456 So. 2d 506 (Fla. Dist. Ct. App. 1984)

. . . . §§ 713.21, 713.22(1), Fla.Stat. (1983); Hughey v. . . . (1961), but these two sections were substantially the same as our current Florida Statute Sections 713.21 . . .

EDWARDS, NAGEL, v. DEPARTMENT OF THE ARMY, 545 F. Supp. 328 (E.D. Mo. 1982)

. . . . § 1613.212 et seq., not FPM 713.21. . . .

FEDERATED STORES REALTY, INC. d b a s s v. K. BURNSTEIN, a v. KINGLAND CONTRACTING CORPORATION,, 392 So. 2d 573 (Fla. Dist. Ct. App. 1980)

. . . mandamus to compel the trial court to discharge certain mechanics’ liens under the provisions of Section 713.21 . . . that: It has been further argued, and memo-randa submitted, based upon the Court’s query, that Section 713.21 . . . It would be an anomaly to interpret Section 713.21(4), Florida Statutes (1979), as exactly equivalent . . .

SURFSIDE ESTATES, INC. v. WATERWAY HOMES, INC., 379 So. 2d 716 (Fla. Dist. Ct. App. 1980)

. . . be instituted independently of other action, or in connection with a summons to show cause under § 713.21 . . .

J. BATT, INC. v. WELLINGTON CONSTRUCTION AND REALTY, INC., 379 So. 2d 461 (Fla. Dist. Ct. App. 1980)

. . . Here the injunction requiring removal of the claims of lien was unnecessary in view of Section 713.21 . . .

T. GOLDBERGER, d b a v. UNITED PLUMBING AND HEATING, INC. a a Co., 358 So. 2d 860 (Fla. Dist. Ct. App. 1978)

. . . In Case No. 76-493, Appellants filed a complaint to discharge four liens pursuant to Section 713.21(4 . . . Section 713.21(4), Florida Statutes (1975). . . . In a proceeding under § 713.21(4), the owner files a complaint for discharge and a summons is issued . . . (4), by filing a lien foreclosure action as a counterclaim to the owner’s § 713.21(4) complaint. . . . Both of these lienors timely answered Appellants’ § 713.21(4) complaint to discharge. . . .

REGAL WOOD PRODUCTS, INC. v. FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE,, 347 So. 2d 643 (Fla. Dist. Ct. App. 1977)

. . . relates back to the filing of the earlier cross-claim so as to satisfy the time requirement of Sections 713.21 . . . Section 713.21, Florida Statutes (1975), provides: A lien properly perfected under this chapter may be . . .

DIVERSIFIED MORTGAGE INVESTORS, a v. D. BENJAMIN d b a, 345 So. 2d 392 (Fla. Dist. Ct. App. 1977)

. . . properly commenced an action for the enforcement of same, in accordance with the requirements of §§ 713.21 . . . Sections 713.21 and 713.22 (1971), Florida Statutes, provide that a mechanic’s lien must be enforced . . . Section 713.21, Florida Statutes (1971) provides that a lien properly perfected under Chapter 713 “may . . .

RESNICK DEVELOPERS SOUTH, INC. v. CLERICI, INC. a, 340 So. 2d 1194 (Fla. Dist. Ct. App. 1976)

. . . . § 713.21(3). . . . vacating and cancelling the claim of lien could be obtained from the Circuit Court as provided by § 713.21 . . .

W. R. SCOTT, d b a v. PREMIUM DEVELOPMENT, INC., 328 So. 2d 557 (Fla. Dist. Ct. App. 1976)

. . . By default a judgment was entered against Scott canceling his recorded mechanics lien under § 713.21( . . . Sec. 713.21(4) provides in part: “Upon filing a complaint . . . . . . Assuming without deciding that trial courts have power to set aside defaults in § 713.21(4) proceedings . . . either that the lien should not have been enforced by action before June 3 or forthwith cancelled [§ 713.21 . . .

ALEX v. RANDY, INC. a, 305 So. 2d 13 (Fla. Dist. Ct. App. 1974)

. . . who are owners of the property) filed a complaint against appellees under Subsection (4) of Section 713.21 . . .

RUOCCO, v. P. BRINKER,, 380 F. Supp. 432 (S.D. Fla. 1974)

. . . . § 713.21(3), F.S.A. . F.S. § 713.21(4), F.S.A. . F.S. § 713.22, F.S.A. . . . .

WESLEY CONSTRUCTION COMPANY, v. W. YARNELL, Jr. a k a d b a, 268 So. 2d 454 (Fla. Dist. Ct. App. 1972)

. . . Repetitively, F.S.A. 713.21(4), F.S.A., provides the means whereby perfected liens may be discharged. . . . 160 Fla. 537, 35 So.2d 646, an interested party brought an action under the predecessor of Section 713.21 . . . discharged, Fla. 1965, 178 So.2d 702, was a suit filed under Section 84.23(4), F.S.1963 (predecessor of 713.21 . . . C., Associate Judge, concur. . “713.21 Discharge of lien. — A lien properly perfected under this chapter . . .

JACK STILSON CO. a v. CALOOSA BAYVIEW CORPORATION, a, 265 So. 2d 85 (Fla. Dist. Ct. App. 1972)

. . . Section 713.21(4), F.S.1969, F.S.A., provides that any interested party may file a complaint in the circuit . . . adjudicated. (2) An owner cannot be heard to complain, if he doesn’t file such a complaint under § 713.21 . . . in this manner does not inure to such owner before 151 days. (3) Notwithstanding the provisions of § 713.21 . . .

In FOOD TOWN, INC. s N, 208 F. Supp. 139 (D. Md. 1962)

. . . petitions and in preparing the order appointing trustees, and $4,000 for services thereafter, plus $713.21 . . . The court will, therefore, allow them a fee of $3,500, plus expenses in the amount of $713.21. H. . . .

JOSEPH A. ANWYLL, 1 B.T.A. 772 (B.T.A. 1925)

. . . the Commissioner resulting in a net deficiency in income tax for the years 1919, 1920, and 1921, of $713.21 . . . years 1920 and 1921 of $855.77 and $543.80, respectively, or a net deficiency for the three years of $713.21 . . .