In Florida, the right to secure unpaid balances against a property is governed by Chapter 713 of the Florida Statutes. A construction lien (referred to as a mechanics lien in other states) is a powerful tool to force payment on private construction projects. However, Florida courts enforce lien laws with zero tolerance for errors. Missing a notice window by a single day or omitting statutory warnings will instantly void your lien rights.

To successfully file and enforce a construction lien in Florida, you must follow a strict statutory sequence. If you perform work in other states, see our step-by-step guides for a California mechanics lien or a Texas mechanics lien. This guide outlines the Notice to Owner (NTO) rules, recording requirements, service procedures, and lawsuit deadlines under Florida Statutes Chapter 713.

Florida Construction Lien Law Overview

Florida lien rights extend to contractors, subcontractors, sub-subcontractors, material suppliers, and professional design services (architects, engineers). The law does not protect parties who are "too remote" from the project, such as sub-sub-subcontractors or material suppliers to other suppliers.

The Notice to Owner (NTO) and the 45-Day Deadline

If you do not have a direct contract with the property owner (i.e., you are a subcontractor, supplier, or sub-subcontractor), you must serve a formal Notice to Owner (NTO) to preserve your lien rights.

  • Who must send it: Anyone not in direct contract with the owner. General contractors do not need to send an NTO, but they must record a Notice of Commencement at the start of the job.
  • The Deadline: The NTO must be received by the owner within 45 days of the date you first furnished labor, services, or materials to the job site. It must also be served before the owner makes the final payment to the general contractor.
  • Method of delivery: You must serve the NTO via Certified Mail with return receipt requested, or personal delivery with a signed receipt. If you send it within 40 days of starting work, it is deemed served on the date of mailing, even if delivery is delayed. If sent after 40 days, it must be physically received by the owner before the 45-day mark.
  • Consequence of missing the deadline: If you miss the 45-day window, you forfeit your lien rights completely. There is no partial protection.

"In Florida, the 45-day Notice to Owner is a strict cutoff. If you miss it, you lose your construction lien rights entirely. Always send it as soon as you sign your subcontractor agreement."

The 90-Day Deadline to Record the Claim of Lien

If you are not paid for your work, you must record a formal "Claim of Lien" in the public records of the county where the property is located.

  • The Deadline: The Claim of Lien must be recorded within 90 days of the date you final furnished labor, services, or materials to the project.
  • What counts as final furnishing: This refers to your contract work. It does not include warranty work, repairs, punch-list touch-ups, or correcting defects. Doing minor repair work after completing the job will not extend your 90-day window.
  • Required elements: The Claim of Lien must follow the exact format of § 713.08, including the claimant's name, the contract price, a description of the work and property, and must be signed and sworn to before a notary.

Serving the Claim of Lien on the Owner

Filing the lien at the county clerk's office is only part of the process. You must serve a copy of the Claim of Lien on the property owner within 15 days of recording it.

Service must be made via Certified Mail or personal delivery. If you fail to serve the owner within this 15-day window, the lien is voidable, meaning the owner can easily have a court remove it.

The One-Year Deadline to Enforce the Lien

A Florida Claim of Lien is valid for exactly one year from the date it was recorded. Before this one-year period expires, you must file a foreclosure lawsuit in county or circuit court to enforce the lien and foreclose on the property. If you do not file a lawsuit within one year, the lien expires automatically and is no longer a cloud on the property's title.

Shortening the Timeline: Notice of Contest of Lien

Property owners do not have to wait a year to resolve a lien. Under § 713.22, the owner can record a document called a Notice of Contest of Lien.

If the owner records and serves a Notice of Contest, the deadline for you to file a foreclosure lawsuit is shortened from one year to 60 days from the date the clerk serves the notice. If you do not file your foreclosure suit within those 60 days, your lien is automatically extinguished. Always monitor your mail closely for this notice.

Releasing the Lien When Paid

When you receive payment in full, the owner will require a Release of Lien (or satisfaction of lien). Record this release in the same county public records to clear the owner's title. In Florida, it is standard practice to issue progress lien releases (partial releases) during the job in exchange for progress payments, and a final release upon final payment.

Florida Notice to Owner (NTO) Template

This notice satisfies Florida Statute Section 713.06 requirements. Subcontractors and material suppliers must serve this notice within 45 days of first work or material delivery. If you miss this deadline, you forfeit your right to record a mechanics lien in Florida.

FREE TEMPLATE — FLORIDA statutory NOTICE
FLORIDA STATUTORY NOTICE TO OWNER (Florida Statutes Section 713.06) WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE. TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR. Date: [Date] TO: PROPERTY OWNER: [Owner Name] [Owner Address] GENERAL CONTRACTOR: [General Contractor Name] [General Contractor Address] CONSTRUCTION LENDER (if any): [Lender Name] [Lender Address] 1. Under-signed Claimant Information: - Name: [Your Company Name] - Address: [Your Address] - Phone & Email: [Your Phone & Email] 2. Description of Labor, Services, or Materials Furnished or to be Furnished: [Describe work/materials, e.g., HVAC system installation] 3. Description of Property (sufficient for identification): [Job Site Address] [Legal Property Description / Parcel ID if known] 4. Party with whom Claimant Contracted: [Name of client who hired you, e.g., General Contractor Name] INTRODUCTORY COPY OF NOTICE TO OWNER HAS BEEN SENT TO THE ABOVE-NAMED PARTIES VIA CERTIFIED MAIL IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 713. Sincerely, [Your Name & Title] [Your Company Name]

Fill in the bracketed fields with your job details. This template has helped contractors recover payment in disputes across the US.

This notice format is compliant with Florida Statute Chapter 713 requirements.

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THE BOTTOM LINE

Florida construction liens require strict compliance with Chapter 713. Subcontractors must serve a Notice to Owner (NTO) within 45 days of starting work. The Claim of Lien must be recorded within 90 days of final furnishing and served on the owner within 15 days. You have one year to file a foreclosure suit, which is shortened to 60 days if the owner files a Notice of Contest.