Mechanics Lien Filing Package — Florida

Mechanics Lien Filing Package (Florida)

Quick-Reference Summary

Part A — Pre-Lien Notice (Florida "Notice to Owner", § 713.06)

A.1 Recipients

The Notice to Owner ("NTO") must be served on:

1. The owner (or reputed owner per the recorded Notice of Commencement).
2. The contractor named in the recorded Notice of Commencement (the "direct" or "GC").
3. If the lienor was hired by a subcontractor, the subcontractor.
4. Any other party designated in the Notice of Commencement as a § 713.13(1)(b) "designee" to receive copies of NTOs (typically construction lender or owner's agent).

Get the Notice of Commencement from the county recorder; if none exists, obtain it from the contractor under § 713.165, or determine the owner from the current deed.

A.2 Required Content (§ 713.06(2)(c))

The NTO must contain, in addition to identifying information, the following warning to the owner in conspicuous type, in substantially the following form (§ 713.06(2)(c)):

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.

Full NTO template:

NOTICE TO OWNER
(Fla. Stat. § 713.06)

To:  [Owner name and address]
     [Contractor name and address]
     [Subcontractor (if applicable)]
     [Notice of Commencement designee, if any]

The undersigned hereby informs you that he or she has furnished or is
furnishing services or materials as follows:

Lienor's name and address:
     [_______________________________________________]
     Telephone: [____________]

Description of services or materials being furnished:
     [_______________________________________________]

Hiring party (party with whom lienor has contracted or by whom employed):
     [_______________________________________________]

Property:
     Street address: [_______________________________________________]
     Legal description: [_______________________________________________]
     Folio / Parcel ID: [_______________]

[WARNING — verbatim § 713.06(2)(c) text above]

Date: [__/__/____]
Signature: [____________________]
Print name and title: [____________________]

A.3 Service Method (§ 713.18)

Service must be by:

• Actual delivery to the addressee, OR
• Certified or registered mail, return receipt requested, postage prepaid, to the address listed in the Notice of Commencement, OR
• Common carrier delivery service with confirmation of delivery (e.g., FedEx, UPS), OR
• Posting at the project site, only if (i) the lienor has made diligent search and cannot find the addressee, and (ii) the lienor has so attested.

Service by mail is complete when properly addressed, postage prepaid, and deposited (§ 713.18(2)). The 45-day window is measured from first furnishing to date of service, not date of receipt.

A.4 Deadline Calculation

• "First furnishing" = first day labor, services, or materials are provided to the site, including specially fabricated materials (count begins when fabrication starts).
• Count 45 calendar days; if day 45 is a weekend or legal holiday, the period runs to the next business day (§ 713.18(6)).
• The NTO must also be served before the owner makes final payment to the contractor (§ 713.06(2)(a)). Late NTO that misses this practical deadline forfeits lien rights even if within 45 days.

Part B — Claim of Lien (Fla. Stat. § 713.08)

Caption / Header

Recorded with the Clerk of the Circuit Court (or recorder) in the county where the property is located. § 713.08(4)(a). No court caption is used on the Claim of Lien itself.

CLAIM OF LIEN
(Fla. Stat. § 713.08)

Prepared by and after recording return to:

[_______________________________________________]
[_______________________________________________]

Folio / Parcel ID: [_______________]

I. Lienor Identification (§ 713.08(1)(a))

Lienor: [_________________________________________________________]
Mailing address: [____________________________________________________]
Telephone: [____________]
License (Fla. DBPR / CILB or local competency, if applicable): [____________]

II. Owner Identification (§ 713.08(1)(c))

Owner of property (per current deed and recorded Notice of Commencement): [________________________________________________]
Address: [____________________________________________________]

III. Property Description (§ 713.08(1)(d))

Street address: [____________________________________________________]
City / County: [____________________________________________________]
Folio / Parcel ID: [_______________]
Legal description:

[_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________]

IV. Labor, Services, or Materials Furnished (§ 713.08(1)(b))

General statement of the labor, services, or materials furnished by the lienor and contract price or value thereof:

[_______________________________________________________________________
_______________________________________________________________________]

V. Hiring Party / Contract Identification (§ 713.08(1)(e))

Name of person with whom the lienor contracted (or by whom employed): [________________________________________________]

VI. Amount Owed (§ 713.08(1)(b))

Total amount of lien claim: $ [____________]

VII. First and Last Date of Furnishing (§ 713.08(1)(f))

Date lienor first furnished labor / services / materials: [__/__/____]
Date lienor last furnished labor / services / materials: [__/__/____]

VIII. Statement of Notice to Owner Service

The undersigned lienor served the Notice to Owner required by Fla. Stat. § 713.06 on:

• Owner: [__/__/____] by [certified mail RRR / personal service / FedEx confirmed delivery].
• Contractor: [__/__/____] by [same].

Proof of service is attached as Exhibit A. [OR: Lienor is exempt from § 713.06 because lienor is in direct privity with the owner / is a laborer.]

IX. Verification (§ 713.08(3))

State of Florida
County of [____________________]

The undersigned, being first duly sworn, deposes and says that the foregoing Claim of Lien is true and correct to the best of his/her knowledge and belief.

Signature: [_________________________________________________________]
Print name & title: [_______________________________________________]

Sworn to and subscribed before me by means of [__ physical presence / __ online notarization] this [____] day of [____________________], 20[____], by [_________________________], who is personally known to me OR who produced [____________] as identification.

___________________________________
Notary Public, State of Florida
My commission expires: [__/__/____]
[Notary seal]

Part C — Service of Claim of Lien on Owner (Fla. Stat. § 713.08(4)(c))

The lienor must serve a copy of the recorded Claim of Lien on the owner within 15 days after recording. Service must be by the methods specified in § 713.18. The copy need not include the recording stamp / OR book and page.

NOTICE OF FILED CLAIM OF LIEN
(Fla. Stat. § 713.08(4)(c))

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[Owner name and address]

Re: Claim of Lien — [Project address] —
    Recorded [__/__/____] in O.R. Book [____] Page [____],
    Instrument No. [____________], [______] County, Florida

Dear [Owner]:

Enclosed is a true copy of the Claim of Lien recorded against the
above-referenced property under Fla. Stat. § 713.08. The amount
secured by the lien is $[____________].

A lawsuit to foreclose the lien must be commenced within one year of
the recording date (§ 713.22). To avoid foreclosure and the recording
of a lis pendens, please contact the undersigned at [phone / email]
to arrange payment or to discuss a release of lien.

Sincerely,
[Lienor signatory]

Part D — Suit to Foreclose Construction Lien (Fla. Stat. § 713.22)

D.1 Caption

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT,
IN AND FOR [______________] COUNTY, FLORIDA
CIVIL DIVISION

CASE NO. [____________]

COMPLAINT TO FORECLOSE CONSTRUCTION LIEN AND FOR DAMAGES

D.2 Jurisdiction and Venue

This Court has subject-matter jurisdiction pursuant to Fla. Stat. § 26.012; the amount in controversy exceeds $50,000. Venue is proper in [______] County under Fla. Stat. § 47.011 because the real property is situated in this County.

D.3 Lis Pendens

Plaintiff files contemporaneously a Notice of Lis Pendens against the subject property pursuant to Fla. Stat. § 48.23.

D.4 Necessary and Permissive Defendants

• Necessary: the owner; the contractor in privity with the owner (if plaintiff is a sub or supplier).
• Recommended: all subordinate lien claimants, judgment creditors, mortgagees of record, lessees of record, and any surety on a § 713.23 payment bond.

D.5 Foreclosure Deadline Statement (§ 713.22)

Plaintiff's Claim of Lien was recorded on [__/__/____] in O.R. Book [____] Page [____] of the Public Records of [______] County, Florida. This action is commenced within one year of recordation, as required by Fla. Stat. § 713.22(1). [If applicable: The owner served a Notice of Contest of Lien on [__/__/____], which shortened the period to 60 days; this action is filed within that 60-day period.]

D.6 Relief Requested

1. Adjudication that plaintiff has a valid construction lien on the subject property in the amount of $[____________], plus prejudgment interest.
2. Order of foreclosure and sale of the subject property pursuant to Fla. Stat. § 713.27.
3. Personal judgment for breach of contract against the hiring party.
4. Reasonable attorney's fees pursuant to Fla. Stat. § 713.29 (to the prevailing party).
5. Costs of suit and post-judgment interest.

Part E — Pre-Filing Checklist

☐ Notice of Commencement obtained from county recorder (or from contractor under § 713.165); owner, contractor, and § 713.13 designees identified.
☐ Contract, subcontracts, change orders, invoices, statements of account gathered and reconciled.
☐ Daily logs, delivery tickets, photographs, jobsite sign-in sheets, e-mails preserved.
☐ Lienor's privity status determined (in privity with owner / sub / sub-sub / supplier / laborer).
☐ Notice to Owner served within 45 days of first furnishing AND before owner's final payment to contractor; service via certified mail RRR or hand delivery; receipts retained.
☐ Last date of furnishing confirmed against jobsite records (NOT punch-list / warranty / corrective work).
☐ Current record owner verified against deed and Notice of Commencement.
☐ Property described by legal description (not just street address); folio / parcel ID attached.
☐ Claim of Lien drafted to verbatim § 713.08(1) content.
☐ Lien amount audited — no fraudulent or grossly inflated claim (avoid § 713.31 voiding).
☐ Claim of Lien sworn before a Florida notary (or RON-compliant remote online notary).
☐ Claim of Lien recorded within 90 days of last furnishing in the county where the property is located; book / page / instrument number diaried.
☐ Copy of recorded Claim of Lien served on owner within 15 days of recording (§ 713.08(4)(c)); proof of service retained.
☐ One-year foreclosure deadline (§ 713.22(1)) calendared from recording date.
☐ Daily mail intake monitored for Notice of Contest of Lien (60-day shortener) or § 713.21(4) Show-Cause Complaint (20-day shortener).
☐ Demand for Sworn Statement of Account (§ 713.16(2)) response prepared if served by owner (30 days to respond, under oath).
☐ Lis pendens drafted for contemporaneous filing with foreclosure complaint (§ 48.23).
☐ Payment-bond search performed; if § 713.23 bond exists, Notice of Nonpayment served on contractor and surety within 90 days of last furnishing; 1-year bond-suit deadline calendared.
☐ Lien-release form prepared in escrow for settlement (§ 713.20 statutory forms).

Sources and References

• Fla. Stat. Ch. 713, Part I (full text): http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/0713.html
• Fla. Stat. § 713.06 (Liens of persons not in privity): http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.06.html
• Fla. Stat. § 713.08 (Claim of Lien): http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.08.html
• Fla. Stat. § 713.13 (Notice of Commencement): http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.13.html
• Fla. Stat. § 713.18 (Manner of Serving Documents): http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.18.html
• Fla. Stat. § 713.22 (Duration / Foreclosure): http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.22.html
• Florida Department of Business and Professional Regulation — Construction Industry Licensing Board: https://www2.myfloridalicense.com/construction-industry/
• Florida Court Clerks & Comptrollers (county recorder fee schedules): https://www.flclerks.com