Florida Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under Florida Statutes §713.001 — Private Works, Payment Bonds & Public Projects
Florida mechanic lien deadline table with toggles for project type and claimant type.
Florida Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Record the Claim of Lien with the county clerk within 90 days after last furnishing labor, materials, or services. Serve a copy on the owner within 15 days of recording.
Commence an action to enforce the lien within 1 year of recording the Claim of Lien.
If the owner serves a Notice of Contest of Lien, the enforcement deadline shortens to 60 days from the date the Notice of Contest is served.
If the owner serves a 20-day Summons to Show Cause, suit must be filed within 20 days.
Preliminary Notice
Mechanic Lien
Record the Claim of Lien with the county clerk within 90 days after last furnishing labor, materials, or services. Serve a copy on the owner within 15 days of recording.
Enforcement
Commence an action to enforce the lien within 1 year of recording the Claim of Lien.
If the owner serves a Notice of Contest of Lien, the enforcement deadline shortens to 60 days from the date the Notice of Contest is served.
If the owner serves a 20-day Summons to Show Cause, suit must be filed within 20 days.
Florida Mechanic Lien Law Overview
Florida construction mechanic lien rights are governed by Florida Statutes §713.001, et seq. This comprehensive statutory framework protects the payment rights of contractors, subcontractors, sub-subcontractors, laborers, and material suppliers who furnish labor, services, or materials for the improvement of real property in the State of Florida.
Mechanic Lien rights in Florida do not extend below the level of sub-subcontractor or materialman to sub-subcontractor (§713.01(18)). The total amount of all mechanic liens may generally not exceed the price fixed by the direct contract (§§713.05; 713.06(1)). Florida also permits mechanic liens for tools, appliances, or machinery used on the improvement to the extent of the reasonable rental value for the period of actual use (§§713.02(3)-(4)).
The Florida mechanic lien law establishes a structured system of preliminary notices, mechanic lien recording deadlines, and enforcement timelines that must be strictly followed. Florida also provides separate payment bond claim procedures for private projects (§713.23) and public projects under Florida's "Little Miller Act" (§255.05). Failure to comply with any statutory requirement can result in the complete loss of mechanic lien rights.
National Lien & Bond provides authoritative guidance on every aspect of Florida construction mechanic lien compliance, from Notice to Owner requirements through private and public bond claims and mechanic lien foreclosure proceedings.
Florida Notice Requirements
Notice obligations that must be satisfied before filing a mechanic lien in Florida.
Florida's mechanic lien law requires any lienor not in privity with the property owner — i.e., subcontractors, sub-subcontractors, material suppliers, and laborers not directly hired by the owner — to serve a Notice to Owner (NTO) before or within 45 days of first furnishing labor, materials, or services. The NTO is the cornerstone of Florida's lien law — missing this deadline permanently extinguishes lien rights for non-privity lienors.
The NTO must be served on the property owner, the general contractor, and the construction lender (if any). Service must be by registered or certified mail with return receipt requested, or by personal delivery under §713.18. The notice must include the lienor's name and address, a description of the services or materials being furnished, and the name of the party who hired the lienor. Standard NTO forms are prescribed by statute (§713.06(2)(c)).
After recording a Claim of Lien, the lienor must serve a true copy on the owner within 15 days of recording. The owner may serve a Notice of Contest of Lien, which shortens the enforcement deadline from 1 year to 60 days. Direct contractors must also serve a Contractor's Final Payment Affidavit on the owner at least 5 days before filing suit to enforce the lien (§713.06(3)(d)).
How to File a Mechanic Lien in Florida: Step-by-Step
An overview of the statutory process — each step is technical and typically handled by an attorney.
- 1
Serve the Notice to Owner (NTO): If you are not in direct contract with the property owner, serve a Notice to Owner within 45 days of your first day of furnishing labor, services, or materials. Serve by certified mail return receipt requested on the owner, GC, and construction lender (§713.06).
- 2
Track your last day of furnishing: Document the exact date you last furnished labor, services, or materials to the project. Your 90-day lien filing deadline runs from this date.
- 3
Prepare the Claim of Lien: Complete a Claim of Lien (§713.08) including: (a) the lienor's name and address; (b) the property owner's name and address; (c) the legal description and street address; (d) the amount owed; (e) the first and last dates of furnishing; and (f) the name of the person who hired the lienor.
- 4
Execute the Claim of Lien: The Claim of Lien must be executed (signed) in the presence of two witnesses or before a notary public.
- 5
Record the Claim of Lien: File the Claim of Lien with the Clerk of the Circuit Court in the county where the property is located within 90 days of your last furnishing.
- 6
Serve a copy on the owner: Within 15 days of recording, serve a true copy of the Claim of Lien on the property owner by certified mail or personal delivery.
- 7
Monitor for Notice of Contest and file suit: If the owner serves a Notice of Contest, your enforcement window shrinks to 60 days. File suit in the circuit court where the property is located before your enforcement deadline.
Topics on This Page
Florida Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Florida construction mechanic lien law.
Notice Requirements
Statutory preliminary notice obligations for private works, private payment bonds, and public works bond claims under Florida law
Mechanic Lien Deadlines
Mechanic Lien recording requirements, 90-day filing deadline, statutory form, and mechanic lien amount limitations
Mechanic Lien Enforcement Deadlines
Foreclosure deadlines, Notice of Contest, bond claim suit timelines, and public works enforcement
Frequently Asked Questions
What statute governs mechanic liens in Florida?
Florida construction mechanic lien rights are governed by Florida Statutes §713.001, et seq. Public works bond claims are governed by Florida's Little Miller Act, §255.05. Mechanic Liens do not extend below the sub-subcontractor level. §713.01(18).
Do I need to serve a Notice to Owner in Florida?
If you are not in direct privity with the property owner, you must serve a Notice to Owner within 45 days of first furnishing labor, services, or materials (or before owner's disbursement of final payment). Failure to give timely notice is a complete defense to the mechanic lien. §713.06(2)(a).
What is the deadline to file a mechanic lien in Florida?
A Claim of Mechanic Lien may be recorded during progress of work or within 90 days after the final furnishing of labor, services, or materials. §713.08(5). The total of all mechanic liens generally cannot exceed the direct contract price.
How long do I have to enforce a Florida mechanic lien?
You must commence a foreclosure action within one year after the Claim of Mechanic Lien is recorded. §713.22(1). This can be shortened to 60 days by a Notice of Contest. §713.22(2).
What are the bond claim deadlines on Florida public projects?
Suit must be commenced within one year from last performance of labor or delivery of materials. §255.05(2). A Notice of Contest of bond claim can shorten this to as few as 60 days.
Can advance waivers of mechanic lien rights be enforced in Florida?
No. Any waiver of a right to claim a mechanic lien that is made in advance is unenforceable under §713.20(2).