How to File a Mechanics Lien in Florida
Step 1 — Confirm you have lien rights in Florida
Florida's recorded rules cover general contractors, subcontractors and suppliers (Fla. Stat. § 713.06). Each of those roles has its own filing window — see Step 3. Florida rule detail: REQUIRED for all parties not in direct contract with owner. Exceptions: laborers and design professionals only. Must be RECEIVED by 45th day — not just mailed. Send by 40th day to ensure timely receipt. Failure is fatal to lien rights — no exceptions.
Step 2 — Send the Florida preliminary notice
Florida requires a preliminary notice 45 days, notice to owner (nto) (Fla. Stat. § 713.08). It is a precondition, not a formality. It must reach County Clerk of Circuit Court and Property Owner (and GC if hired by sub) and Clerk of Circuit Court and Owner and GC. Delivery: Certified Mail or Personal Delivery with Proof, Certified Mail, Return Receipt Requested. Florida rule detail: Record claim of lien within 90 days of last furnishing of labor or materials. Punch list work does NOT extend the deadline. Must serve copy on owner within 15 days of recording.
Step 3 — Your Florida filing deadline
Florida sets the window by claimant role: • General contractors: within 90 days of your last day of work or materials. • Subcontractors and suppliers: within 90 days of your last day of work or materials. The clock runs from last date of furnishing — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Florida rule detail: Record claim of lien within 90 days of last furnishing. Punch list work does NOT extend the deadline. Must have served Notice to Owner first. Must serve copy on owner within 15 days of recording.
Step 4 — Prepare and record the lien in Florida
Record in the county where the property sits, under Fla. Stat. § 713.22. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Florida rule detail: Must serve a copy of the recorded lien on the property owner within 15 days of recording. This is a separate required step from recording the lien. Missing this can invalidate the lien.
Step 5 — Serve the recorded Florida lien
Florida requires service on County Clerk of Circuit Court and Property Owner (and GC if hired by sub) and Clerk of Circuit Court and Owner and GC. Use Certified Mail or Personal Delivery with Proof or Certified Mail, Return Receipt Requested and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Florida rule detail: File suit to enforce within 1 year of lien recording. Lien expires after 1 year if no suit filed. If owner files Notice of Contest of Lien, deadline shortens to 60 days from that notice.
Step 6 — Enforce before the Florida deadline expires
You must sue to foreclose within 1 year (filing) (Fla. Stat. § 713.346). Miss it and the lien expires and title clears, leaving only a contract claim. Florida rule detail: CONDITIONAL OVERRIDE: If owner files Notice of Contest of Lien, you only have 60 days to file enforcement action or lien is extinguished. Same concept as Illinois Section 34 Demand. Call attorney immediately upon receipt.
Retainage rules that affect your Florida claim
Florida treats retainage on its own schedule (Fla. Stat. § 713.346), so money still held back may have a different due date than your progress billings. Florida rule detail: Prime must pay sub within 10 days of receiving owner's payment on private projects (Florida Prompt Payment Act). Interest at 2%/month on late payments.
Other Florida requirements that void liens
• Retainage released within 60 days of final completion/acceptance. 10% maximum; may reduce to 5% after 50% completion if both parties agree. • FL NOTICE OF COMMENCEMENT (NOC): Owner MUST record a Notice of Commencement before construction begins. NOC lists owner, contractor, lender, and surety. Without a properly recorded NOC, the owner may have to pay twice — once to the contractor and again directly to unpaid subs/suppliers. NOC is effective for 1 year. Owner (not contractor) is responsible for recording. • FL Design Professional: Licensed architects, engineers, landscape architects, interior designers, and surveyors are 'lienors' under Florida lien law. REQUIRED: serve Notice to Owner within 45 days of first furnishing design services. Without Notice to Owner, design professional loses lien rights. Same rules as other sub-tier claimants. • ANTI-WAIVER: Fla. Stat. § 713.20 makes a waiver of lien rights void if the work, services, or materials covered by the waiver have not yet been performed or furnished. Florida has statutory waiver forms (conditional payment, unconditional final, etc.) — only these forms are valid. A blanket waiver in a contract is void.
Frequently Asked Questions
How long do I have to file a mechanics lien in Florida?
Florida requires the lien to be recorded within 90 days, measured from last date of furnishing. The exact window depends on your role — general contractors: within 90 days of your last day of work or materials.
Do I need to send a preliminary notice before filing in Florida?
Yes. Florida requires a preliminary notice 45 days (notice to owner (nto)). Failing to send it on time generally forfeits your lien rights entirely, regardless of how much you are owed.
Where do I file a mechanics lien in Florida?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Florida filing deadline?
Your lien rights are extinguished. Florida courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Florida?
Once recorded, you must file suit to enforce within 1 year (filing). If you do not, the lien expires automatically and no longer clouds the property's title.