Florida Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Florida liens are filed and enforced
A Florida mechanics lien is filed with the County Clerk of Circuit Court in the county where the project sits — 90 days from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Florida claimants lose rights far more often by missing the second one than the first.
Florida deadlines by claimant role
For subcontractors and suppliers: Preliminary notice — 45 days from first furnishing (Fla. Stat. § 713.06); Record the lien — 90 days from last furnishing (Fla. Stat. § 713.08); serve lien copy on owner — 15 days from lien recorded (Fla. Stat. § 713.08); file suit — 1 years from lien recorded (Fla. Stat. § 713.22); file suit contest override — 60 days from notice of contest received (Fla. Stat. § 713.22); bond notice — 90 days from last furnishing (Fla. Stat. § 255.05). For general contractors: Record the lien — 90 days from last furnishing (Fla. Stat. § 713.08). For owner: record notice of commencement — 0 days from contract execution (Fla. Stat. § 713.13). For design professionals: Preliminary notice — 45 days from first furnishing (Fla. Stat. § 713.06). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Florida
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. 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. 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. 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. 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. 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. Written notice within 90 days of last furnishing. Notice required before bond claim. No lien on public property. Suit on payment bond within 1 year of last furnishing.
How Florida notices must be served
Florida requires 45 days — Notice to Owner (NTO). Accepted delivery for the notices tracked here: Certified Mail or Personal Delivery with Proof; Certified Mail or Personal Service; Written notice. Service runs to the Property Owner (and GC if hired by sub). Keep the proof of service in the project file — Florida disputes over whether a notice was properly served are decided on that documentation.
Public projects in Florida
No lien attaches to public property in Florida. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (Fla. Stat. § 255.05). 4 public-project deadlines are tracked for Florida.
Florida statute citations
The Florida deadlines above come from Fla. Stat. § 713.06, Fla. Stat. § 713.08, Fla. Stat. § 713.22, Fla. Stat. § 255.05, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Fla. Stat. § 713.346, Fla. Stat. § 713.13, Fla. Stat. § 713.20. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Florida construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Florida?
90 days — From last date of furnishing. The filing goes to the County Clerk of Circuit Court in the project's county. See Fla. Stat. § 713.08. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Florida?
With the County Clerk of Circuit Court in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Florida require a preliminary notice?
Yes — 45 days. Notice to Owner (NTO). Accepted service includes Certified Mail or Personal Delivery with Proof.
How long do you have to enforce a Florida mechanics lien?
1 year — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Florida?
Retainage released within 60 days of final completion/acceptance. 10% maximum; may reduce to 5% after 50% completion if both parties agree. (Fla. Stat. § 713.346).