How Long Does a Lis Pendens Last in Florida?

A lis pendens is a recorded notice that a lawsuit involves real or personal property. The basics of the notice are covered in what a lis pendens is. This answer addresses only how long the notice stays in effect.

Section 48.23(2) states that a notice of lis pendens is not effective for any purpose beyond 1 year from the commencement of the action and expires at that time. Two kinds of actions are outside that limit. The first is an action the pending pleading shows is founded on a duly recorded instrument. The second is an action founded on a lien claimed under part I of chapter 713, the construction lien law.

The court may extend the expiration time on reasonable notice and for good cause, and it may set terms for the extension. Under section 48.23(4), time an action spends pending in an appellate court is not counted toward the 1 year period.

Under section 48.23(1)(d), in a case that goes to judicial sale, a valid notice stays in effect through recording of the instrument transferring title under the final judgment, unless it expires or is withdrawn or discharged. Under section 48.23(3), the court controls and discharges the notice when the pleading does not show the action is founded on a duly recorded instrument or a lien claimed under part I of chapter 713, or when the action no longer affects the property, as covered in release of lis pendens.