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 recorded Notice of Commencement from the clerk's office and check the posted site copy under § 713.13(1)(a). If none was recorded, verify the owner from the current deed and identify the contractor from project records. A qualifying owner or lienor may demand a contract copy in writing under § 713.16(1); that section does not itself require a contractor to supply a missing Notice of Commencement.

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 text to complete and serve (see Fla. Stat. § 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.

NOTICE TO OWNER

To: [OWNER NAME AND ADDRESS]

The undersigned hereby informs you that he or she has furnished or is furnishing services or materials as follows: [GENERAL DESCRIPTION] for the improvement of the real property identified as [PROPERTY DESCRIPTION] under an order given by [NAME].

Florida law prescribes the serving of this notice and restricts your right to make payments under your contract in accordance with Section 713.06, Florida Statutes.

IMPORTANT INFORMATION FOR YOUR PROTECTION

Under Florida’s laws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien. If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.

PROTECT YOURSELF:

—RECOGNIZE that this Notice to Owner may result in a lien against your property unless all those supplying a Notice to Owner have been paid.

—LEARN more about the Construction Lien Law, Chapter 713, Part I, Florida Statutes, and the meaning of this notice by contacting an attorney or the Florida Department of Business and Professional Regulation.

Lienor signature: [________________________________] Date: [__/__/____]

Lienor name: [________________________________]

Lienor address: [________________________________]

Copies to: [PERSONS REQUIRED BY FLA. STAT. § 713.06(2)(a)-(b)]

A.3 Service Method (§ 713.18)

Service must be by:

• Actual delivery to the addressee, OR
• Registered, Global Express Guaranteed, or certified mail, postage prepaid, with evidence of delivery, addressed as § 713.18(3) requires, OR
• Common carrier delivery service, shipping paid, with evidence of delivery, OR
• Posting at the improvement site only if hand delivery and carrier or mail service cannot be accomplished.

Mailing date is not automatically the service date. For an NTO, § 713.18(2) makes service effective on the mailing date only if the notice is sent by the specified mail method to the required address within 40 days after first furnishing and the sender keeps the required USPS-stamped mail log or USPS tracking record. Otherwise, establish timely service by delivery, or by a returned-item exception that meets both conditions in § 713.18(3)(a). A notice mailed on days 41–45 may be too late if delivery occurs after day 45.

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).
• Serve no later than 45 days after first furnishing under § 713.06(2)(a); if using the § 713.18(2) mailing-date rule, mail within 40 days and keep its specified postal proof. Do not assume that depositing a notice in the mail on day 45 completes service.
• 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)(e))

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)(c))

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)(b))

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

VI. Amount Owed (§ 713.08(1)(g))

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].
• [Other recipients per NOC]: [__/__/____].

Proof of service is attached as Exhibit A. [OR: Lienor is exempt from the § 713.06(2) Notice to Owner because lienor is in direct privity with the owner / is a laborer. For a qualifying residential direct contract, separately check the § 713.015 lien-law disclosure.]

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 / COUNTY] COURT,
IN AND FOR [______________] COUNTY, FLORIDA
CIVIL DIVISION

CASE NO. [____________]

COMPLAINT TO FORECLOSE CONSTRUCTION LIEN AND FOR DAMAGES

D.2 Jurisdiction and Venue

Select the court after calculating the amount in controversy, excluding interest, costs, and attorney fees. For a claim of $50,000 or less, plead county-court jurisdiction under Fla. Stat. § 34.01(1)(c)3., (4), unless another law reserves the matter to circuit court. For a claim over $50,000, plead circuit-court jurisdiction under § 26.012(2). State the amount and any other jurisdictional basis here: [____________]. 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 parties to assess: the owner; the contractor in privity with the owner (if plaintiff is a sub or supplier). A contractor enforcing its own lien must also execute and deliver the final payment affidavit to the owner at least 5 days before filing suit under § 713.06(3)(d)1.; that is a pre-suit step, not an additional defendant.
• 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

☐ Recorded Notice of Commencement checked at the clerk's office and posted site copy checked under § 713.13(1)(a); owner, contractor, and § 713.13 designees identified. If none was recorded, verify owner and contractor from other project records.
☐ 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). For a qualifying residential direct contract over $2,500, check the § 713.015 disclosure and owner signature; omission does not bar a lien against a person who was not adversely affected, and statutory exclusions may apply.
☐ If the claimant is a contractor enforcing its own lien, final payment affidavit executed and delivered to owner at least 5 days before suit (§ 713.06(3)(d)1.); retain delivery proof.
☐ Notice to Owner served within 45 days of first furnishing AND before the owner's final payment described in § 713.06(2)(a); method, delivery or qualifying mailing date, address, and postal proof recorded under § 713.18.
☐ 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): https://www.flsenate.gov/Laws/Statutes/2026/713.06
• 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. § 713.16 (Demand for contract copy): https://www.flsenate.gov/Laws/Statutes/2026/713.16
• Fla. Stat. § 713.18 (Manner of Serving Documents): https://www.flsenate.gov/Laws/Statutes/2026/713.18
• 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