Aug 25, 2026 · 5 min read
How Long Is a Lis Pendens Good For in Florida?
Under Fla. Stat. §48.23(2), a notice of lis pendens “is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time,” unless the pending pleading shows the relief sought is founded on a duly recorded instrument or on a construction lien under part I of chapter 713, or the court extends it on reasonable notice and for good cause. A mortgage foreclosure complaint normally rests on the recorded mortgage, so when the complaint shows that, the one-year expiry in subsection (2) does not apply to it. Time spent on appeal does not count toward the year (§48.23(4)). Where a case is prosecuted to a judicial sale, a valid notice remains in effect through the recording of any instrument transferring title under the final judgment, unless it expires, is withdrawn or is otherwise discharged (§48.23(1)(d)).
The one-year rule
The expiry is in subsection (2) of §48.23: “A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time.” Note what starts the clock. The statute counts from the commencement of the action, not from the date the notice was recorded.
The statute also ties the notice's effect to its status. A lis pendens operates on the property only if a notice is recorded in the official records of the county where the property is located “and such notice has not expired pursuant to subsection (2) or been withdrawn or discharged” (§48.23(1)(a)).
When the pleading rests on a recorded instrument or a ch. 713 lien
The one-year expiry has an exception. Subsection (2) says the notice expires “unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property involved, except when the court extends the time of expiration on reasonable notice and for good cause.” The same subsection adds that the court “may impose such terms for the extension of time as justice requires.”
| What the pending pleading shows | One-year expiry in §48.23(2) |
|---|---|
| Relief founded on a duly recorded instrument, or on a lien claimed under part I of chapter 713 | Does not apply |
| Neither | Notice expires 1 year from commencement of the action, unless the court extends it on reasonable notice and for good cause |
Court control of the notice
Subsection (3) puts the notice under the court's control: “When the pending pleading does not show that the action is founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 or when the action no longer affects the subject property, the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions.”
Through the title-transfer instrument
Subsection (1)(d) covers a case that ends in a judicial sale: “A valid recorded notice of lis pendens of such proceedings prosecuted to a judicial sale remains in effect through the recording of any instrument transferring title to the property pursuant to the final judgment unless it expires, is withdrawn, or it is otherwise discharged.”
What it means when you work an aged list
Check the case docket, not the recording date. The statute measures the year from the commencement of the action, and the notice's effect depends on whether it “has not expired pursuant to subsection (2) or been withdrawn or discharged.” The recording date alone tells you none of that. On the clerk's docket for the case, look at three things: what the pleading says the relief is founded on, whether the court has entered an order extending the notice or discharging it, and whether the notice was withdrawn.
When the pleading shows the relief is founded on a recorded instrument or a chapter 713 lien, the one-year expiry does not apply, so the age of that filing is not by itself a reason to drop it. When it shows neither, the extension check above is the one that matters. For the day-by-day course of a foreclosure case itself, see our Florida foreclosure timeline.
What a lis pendens is
The definition, what a notice does and does not mean, and how to find one at the county clerk are covered in our guide to what a lis pendens is.
Frequently asked
Does an old lis pendens on my list still matter?
How do I check whether a lis pendens has expired or been discharged?
Does appeal time count toward the year?
Sources
Statutory references are to the Florida Statutes, 2026 edition. This is general information and not legal advice; if a lis pendens is affecting a live transaction, that is an attorney question.