Mechanics Lien Filing Process in Florida

Understanding the process's intricacies is essential to protect your rights and interests in the event of non-payment. Florida’s lien laws are strict, and missing even a single step can lead to the loss of valuable legal rights.

This blog aims to provide important information about filing a mechanics lien in Florida, outlining key steps, deadlines, and statutory requirements you must follow.

What is a Mechanics Lien?

A mechanics lien, also known as a construction lien, is a legal claim placed on a property by a party who has provided labor, services, or materials for a construction project but has not been paid.

In Florida, this legal remedy gives contractors and suppliers the right to seek compensation by encumbering the property until the outstanding debt is resolved. If the lien is not satisfied, the lienholder may initiate a foreclosure action to enforce payment.

Eligibility to File a Mechanics Lien

Eligibility for filing a mechanics lien in Florida requires a valid claim for unpaid labor, services, or materials on a construction project.

Those eligible to file include:

• General contractors

• Subcontractors

• Material suppliers

• Equipment rental providers

• Licensed design professionals, including architects, engineers, and surveyors

Eligibility extends to parties who either have a direct contract with the property owner or are contracted with someone who does. However, subcontractors and suppliers without direct privity must comply with Florida’s Notice to Owner (NTO) requirement to preserve their lien rights.

Step 1: Check for a Notice of Commencement

Before filing a mechanics lien, it's important to check if a Notice of Commencement (NOC) has been filed for the construction project.

This notice, filed by the property owner or the general contractor, provides important information about the project, such as:

• The property owner’s name

• The contractor’s name

• The legal description of the property

• The name and address of the person designated to receive NTOs

The absence of a valid Notice of Commencement may impact the lien's enforceability, especially if you don’t have proper information to serve required notices.

Step 2: Serve a Preliminary Notice (Notice to Owner)

Under Florida law, certain parties must serve a Notice to Owner (NTO) before filing a lien.

Subcontractors and material suppliers who do not have a direct contract with the property owner must serve the NTO within 45 days of first furnishing labor or materials.

Failure to provide this notice within the statutory window will generally bar that party from filing a valid mechanics lien—even if they were never paid.

Best practice: Send the NTO as early as possible and maintain delivery records (certified mail or personal service).

Step 3: File the Mechanics Lien Within 90 Days

In Florida, the deadline for filing a mechanics lien is within 90 calendar days of your last day of furnishing labor, services, or materials to the project.

This date is not the day you sent an invoice, but the actual date work was completed or materials were delivered. Punch-list items, warranty work, or remedial work may not extend this deadline.

Failing to file within this timeframe results in the complete loss of lien rights.

Step 4: Comply with Form and Content Requirements

When preparing your mechanics lien, it must comply with specific form and content requirements under Florida Statutes (§713.08). A valid lien must include:

• Your name and address

• The name of the property owner

• A detailed description of the work performed or materials supplied

• The amount owed

• The first and last date of work or delivery

• A legal description of the property

• A sworn statement confirming the claim is true and correct

Accuracy is critical. Inaccuracies or vague descriptions may result in a lien being declared invalid or unenforceable in court.

Step 5: Record the Mechanics Lien

Once the lien document is completed, it must be recorded in the official records of the county where the project property is located.

Each Florida county has its own Clerk of Court with specific procedures and recording fees, so make sure to check local requirements or consult a lien professional.

Step 6: Serve a Copy of the Recorded Lien

Within 15 days of recording the lien, you must serve a copy of the recorded lien on the property owner. In some cases, serving additional parties (like contractors or lenders) may also be prudent.

You can serve the lien by certified mail, return receipt requested, or by using a process server. Keep proof of service for your records.

Step 7: Enforce the Lien if Necessary

If payment is still not received after filing the lien, you may need to enforce the lien through a foreclosure lawsuit.

In Florida, this must be done within one year of the lien’s recording date. However, if the owner files a Notice of Contest of Lien, this period may be reduced to 60 days.

Enforcement involves legal action that could lead to the sale of the property to recover the amount owed. It’s recommended to consult with a construction attorney or professional lien service before initiating legal proceedings.

Key Takeaways

Filing a mechanics lien in Florida is a powerful legal tool to protect your right to payment, but it comes with strict deadlines and legal requirements.

• Check the Notice of Commencement

• Serve the NTO within 45 days (if required)

• File the lien within 90 days of last furnishing labor/materials

• Serve a copy of the recorded lien within 15 days

• Enforce the lien within one year

Failing to follow any of these steps can result in the loss of lien rights.

Protect Your Payment Rights with SunRay

At SunRay Construction Solutions, we help contractors, subcontractors, and suppliers navigate Florida’s complex lien laws accurately and on time. From preparing your Notice to Owner to filing and recording your mechanics lien, our team ensures full compliance so you can get paid faster and protect your legal rights. Contact us today at 800-403-7660 to learn how we can help. If you need help completing your lien form, we can handle the entire process from start to finish.

Additional Resources

• Download a Free Florida Notice to Owner Template

• Guide: What Is a Notice to Owner in Florida?

• Watch: Florida Lien Law Webinar Replays with Expert Attorneys

Frequently Asked Questions About Filing a Mechanics Lien in Florida

1. What is the deadline to file a mechanics lien in Florida?

You must file a mechanics lien within 90 days of your last day providing labor, services, or materials to the project. If you miss this deadline, you lose your lien rights.

2. Who needs to send a Notice to Owner (NTO) in Florida?

Anyone who does not have a direct contract with the property owner—such as subcontractors, material suppliers, and equipment rental companies—must send a Notice to Owner within 45 days of first furnishing labor or materials.

3. Can I file a lien without a written contract?

Yes. Florida law does not require a written contract to file a lien, but you must be able to prove the agreement, the value of the work or materials provided, and non-payment.

4. Where do I record a mechanics lien in Florida?

You must record the lien with the Clerk of Court in the county where the property is located. Each county has its own recording procedures and fees.

5. How much does it cost to file a mechanics lien in Florida?

Costs vary by county but typically include:

• Recording fees (usually $10–$50)

• Certified mail fees for serving notices

• Optional service fees if using a lien preparation company like SunRay

6. Do I need an attorney to file or enforce a mechanics lien in Florida?

You do not need an attorney to file a lien, but you may need legal counsel to enforce the lien through foreclosure if payment is not made. Many contractors use professional lien services to ensure the lien is filed correctly.

7. Can I include interest, attorney’s fees, or other costs in my lien?

You can include interest and attorney’s fees in your lien if your contract allows it. Florida law requires that any additional costs claimed must be legally supported and documented.

8. What happens after I file the lien?

After filing, you must serve a copy of the lien on the property owner within 15 days. If the lien is not satisfied, you can enforce it by filing a lawsuit within one year of the recording date.

9. How can I remove or cancel a lien if I get paid?

Once payment is received, you must file a Release of Lien in the same county where the lien was recorded. This document officially removes the lien from public record.

10. What if the property is a public project—can I still file a lien?

No. You cannot file a lien against public property in Florida. For public projects, you must instead file a claim against the payment bond provided by the general contractor or public agency.

At Sunray Construction Solutions, we also understand the importance of protecting your rights on a construction project. Learn how to use the Florida mechanics lien form and how to file a mechanics lien in Florida to ensure you're paid for your hard work.

Sunray Construction Solutions offers professional "Notice to Owner Florida" services to help you secure your mechanics lien florida rights in the construction industry. Looking for a free Notice to Owner form in Florida? Get your free, editable "Florida Notice to Owner Template" today for easy and accurate preparation.