How do I file a construction lien in Florida?

Florida's Construction Lien Law is in Fla. Stat. Ch. 713, Part I (§§ 713.001-.37).

1. Who Can File

Contractors, subcontractors, sub-subs, material suppliers, professional services (architects, engineers, landscape architects, interior designers, surveyors), and laborers (Fla. Stat. §§ 713.01, 713.03).

2. Preliminary / Pre-Lien Notice

Any lienor not in direct privity with the owner must serve a Notice to Owner (NTO) within 45 days of first furnishing labor, services, or materials, and before recording the lien (Fla. Stat. § 713.06(2)). Failure to timely serve NTO defeats the lien.

3. Recording the Lien

Record a Claim of Lien in the official records of the county where the property lies, within 90 days after final furnishing of labor, services, or materials (Fla. Stat. § 713.08). The claim must contain owner, lienor, labor/materials description, amount, dates of first and last work, property description, and contractor identification.

4. Service on Owner

Serve a copy of the recorded Claim of Lien on the owner within 15 days after recording (Fla. Stat. § 713.08(4)(c)). Failure renders the lien voidable to the extent of prejudice.

5. Suit to Foreclose

File foreclosure within 1 year after recording (Fla. Stat. § 713.22). Owner may file a "Notice of Contest of Lien" shortening that deadline to 60 days, or a 20-day Summons to Show Cause.

6. Priority

Liens attach and take priority from the date the Notice of Commencement is recorded (Fla. Stat. § 713.07).

7. Bond Release

Owner or contractor may transfer the lien to bond or cash deposit of the lien amount plus interest and costs, generally 1.25x (Fla. Stat. § 713.24).

8. Homestead / Residential

For owner-occupied single-family residences, the owner is entitled to a contractor's final affidavit and lien waivers from all NTO-serving subs before final payment (Fla. Stat. § 713.06(3)(d)).

9. Fraudulent Lien Penalties

A willfully exaggerated lien is a complete defense to foreclosure; § 713.31 allows punitive damages, attorney's fees, and criminal liability (third-degree felony for liens over $2,500).

This is legal information, not legal advice.