In Florida the mechanic's lien is called a construction lien, and it is governed by Chapter 713 of the Florida Statutes. The paperwork is not complicated. The deadlines are unforgiving, and they run from dates that are easy to get wrong.
The four deadlines
- Notice to Owner — served within 45 days of first furnishing labor or materials, by anyone not in direct contract with the owner. Miss it and the lien right is gone before it starts.
- Claim of lien — recorded in the county's official records within 90 days of your last furnishing of labor, services, or materials to the job.
- Service of the recorded lien — a copy served on the owner within 15 days of recording.
- Enforcement — suit to foreclose filed within one year of recording, unless the owner shortens it with a Notice of Contest of Lien (60 days) or a court order (20 days).
Punch-list work, warranty repairs, and returning to pick up equipment generally do not restart the 90-day clock. The last day of substantive work on the contract usually does.
What has to be in the claim of lien
- The lienor's name and address, and the name of the person who hired the lienor.
- The owner's name and a description of the property sufficient to identify it — the legal description, not just the street address.
- A statement of the labor, services, or materials furnished, and the amount unpaid.
- The first and last dates of furnishing.
- A sworn statement that the Notice to Owner was served, with the date and method.
- Notarized signature, and the 3" x 3" blank corner on page one required of every Florida recording.
Check the Notice of Commencement first
Before recording, pull the Notice of Commencement for the property. It names the owner, the contractor, and any designated agent, and it fixes the address for service. A lien recorded against the wrong owner name, or served to the wrong address, is a defect the owner's counsel will use. A Notice of Commencement also expires — work performed after expiration may sit outside its protection.
What recording costs
Florida recording fees are statutory and uniform statewide: $10.00 for the first page, $8.50 for each additional page, and $1.00 for each indexed name beyond four. No documentary stamp tax applies to a construction lien, because nothing is being conveyed. A two-page claim of lien normally records for $18.50 plus any extra-name charges.
After you record
- Serve the recorded copy on the owner within 15 days — keep the proof of service with the file.
- Calendar the one-year enforcement date the day the lien records, and watch for a Notice of Contest, which cuts it to 60 days.
- Record a satisfaction of lien promptly once you are paid. Florida imposes penalties for failing to release a satisfied lien after written demand.
iRecord365 records construction liens and satisfactions in every Florida county, usually the same business day. We check the claim against the Notice of Commencement on record and flag a date problem before the lien is filed, not after.
Frequently asked questions
How long do I have to file a mechanic's lien in Florida?
The claim of lien must be recorded within 90 days of the last day you furnished labor, services, or materials to the project. Subcontractors and suppliers must also have served a Notice to Owner within 45 days of first furnishing.
Do I need to send a Notice to Owner?
Anyone not in direct contract with the property owner must serve one within 45 days of first furnishing. A general contractor in direct contract with the owner does not.
What does it cost to record a construction lien in Florida?
Recording is $10.00 for the first page and $8.50 for each additional page in every Florida county, plus $1.00 per indexed name over four. There is no stamp tax on a lien.
How long does a Florida construction lien last?
One year from the date of recording, unless an action to enforce it is filed. An owner can shorten that with a Notice of Contest of Lien, which reduces it to 60 days, or by court order to 20 days.
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