Bonding off a lien in Florida means transferring a recorded construction lien from your real property onto a surety bond or cash deposit held by the clerk of court, which clears the title immediately while the lienor’s claim continues against the substitute security. The governing statute is Section 713.24 of the Florida Statutes, and the bond amount is the lien plus three years of interest at Florida’s legal rate plus the greater of $5,000 or 25% of the lien for attorney fees and costs.1Florida Senate. Florida Statutes 713.24 – Transfer of Liens to Security
Who Can File the Transfer
You do not have to be the property owner. Section 713.24 lets “any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed” file the transfer.1Florida Senate. Florida Statutes 713.24 – Transfer of Liens to Security That includes owners, general contractors, developers, lenders, and anyone else with a stake in the property or the contract. A general contractor facing a subcontractor’s lien can bond it off to keep an owner’s closing on schedule, for example, without needing the owner to act.
How Much the Bond Has to Be
The bond or deposit has three components stacked on top of each other:
- The full dollar amount demanded in the recorded claim of lien.
- Three years of interest on that lien amount at Florida’s legal rate. The rate is reset quarterly by the Chief Financial Officer under Section 55.03 and sits around 8.25% to 8.44% per year in 2026.2MyFloridaCFO. Judgment Interest Rates
- The greater of $5,000 or 25% of the lien amount, to cover the lienor’s potential attorney fees and court costs.1Florida Senate. Florida Statutes 713.24 – Transfer of Liens to Security
Work an example. On a $100,000 lien at an 8.25% legal rate, three years of interest is roughly $24,750. The attorney-fee piece is $25,000 because 25% of the lien beats the $5,000 floor. The bond has to be about $149,750. On a smaller lien the floor drives the number: a $10,000 lien carries $5,000 of fee coverage, not the $2,500 that 25% would give.
Getting the math wrong invites a challenge. Understating any component gives the lienor grounds to ask the court to require additional security.
Filing With the Clerk
The transfer happens at the clerk of court’s office in the county where the property is located. You have two options: deposit cash with the clerk in the calculated amount, or file a surety bond in that amount issued by an insurer licensed in Florida.3The Florida House of Representatives. 2024 Statutes Chapter 0713 Either way, the security has to be conditioned to pay any judgment eventually rendered on the lien.
Once the deposit is made or the bond is filed, the clerk prepares and records a certificate of transfer. The certificate includes a copy of the deposit receipt or the bond, and it becomes part of the public record for the property.1Florida Senate. Florida Statutes 713.24 – Transfer of Liens to Security From that moment, the real property is released and the lienor’s claim attaches to the bond or cash instead.
The clerk handles notice to the lienor, not you. The clerk mails a copy of the certificate and the supporting documentation by registered or certified mail to the address shown on the recorded claim of lien.1Florida Senate. Florida Statutes 713.24 – Transfer of Liens to Security
Cash Deposit or Surety Bond
The choice is mostly about cash flow. A cash deposit ties up the full calculated amount at the clerk’s office for as long as the dispute lasts, which can be years. On a six-figure lien that is a lot of capital sitting idle.
A surety bond leaves your money working. You pay a premium, typically 1% to 2% of the bond amount depending on credit, and the surety company guarantees the lienor’s claim up to the bond limit. On the $149,750 example that runs roughly $1,500 to $3,000. The premium is not refundable even if you win the underlying fight.
The catch with surety is underwriting. The surety will review financial statements, credit history, and the merits of the dispute, and it may require collateral for larger bonds or weaker applicants. Shaky finances can mean a higher premium or a declination. A cash deposit skips underwriting entirely but demands the liquidity upfront.
Deadlines the Lienor Still Has to Meet
Transferring the lien does not extinguish it. The lienor can still sue, only now the target is the bond or deposit rather than the property. Three deadlines shape that fight.
One Year From Recording
Under Section 713.22, the lienor has to file suit to enforce the claim within one year of the date the lien was recorded, whether the lien still sits on the property or has been transferred to security. Miss that year and the lien discharges automatically.4Florida Senate. Florida Statutes 713.22 – Duration of Lien
Sixty Days After a Notice of Contest
You can shorten the one-year window. An owner or the owner’s attorney can record a notice of contest of lien with the clerk. Once the clerk mails the notice to the lienor, service is complete on mailing and the lienor has 60 days to file suit. Miss that 60-day window and the lien is extinguished.4Florida Senate. Florida Statutes 713.22 – Duration of Lien
Twenty Days on a Show Cause Complaint
Section 713.21 offers a third route. Any interested party can file a complaint in circuit court demanding the lienor show cause within 20 days why the lien should not be enforced or canceled. If the lienor does not respond or does not start an action before the return date, the court orders the lien canceled.5Florida Senate. Florida Statutes Chapter 713 Courts read the 20 days strictly.
Attacking the Lien or Adjusting the Bond
Bonding off is not a concession that the lien is valid. It moves the fight to the bond and buys back the title in the meantime.
The underlying lien can still be challenged on procedural grounds, and Florida’s requirements are strict. A claim of lien has to be recorded within 90 days after the lienor’s final furnishing of labor, services, or materials, and missing that window by a day invalidates the lien.6Florida Senate. Florida Statutes 713.08 – Claim of Lien The recorded claim also has to contain specific information: lienor’s name and address, the name of the person the lienor contracted with, a description of the work or materials, a legal description of the property, the owner’s name, the dates of first and last furnishing, and the unpaid amount.7The Florida Legislature. Florida Statutes 713.08 – Claim of Lien
For a lienor not in direct contract with the owner, a notice to owner must have been served properly, and the date and method of service must appear in the claim of lien. Failing to serve the claim of lien on the owner before recording or within 15 days after recording makes the lien voidable if the delay prejudiced anyone entitled to rely on service.7The Florida Legislature. Florida Statutes 713.08 – Claim of Lien
The bond itself is also open to adjustment. Section 713.24 lets any party with an interest in the security or the property file a complaint or motion in circuit court to require additional security, reduce the amount, change or substitute sureties, order payment or discharge, or address anything else affecting the bond.1Florida Senate. Florida Statutes 713.24 – Transfer of Liens to Security A lienor may push for more security if the calculation understated the lien or the surety’s financial standing has slipped. An owner may seek a reduction if the lien has been partially paid or was inflated to begin with. Miscalculated interest and a forgotten $5,000 floor are the errors that most often draw these motions.