A Florida Claim of Lien is the sworn, recorded document a contractor, subcontractor, sub-subcontractor, laborer, or material supplier files in the county Official Records to secure payment for labor, services, or materials furnished to improve real property under Fla. Stat. § 713.08. It must be recorded within 90 days of the lienor’s last furnishing date, served on the owner within 15 days of recording, and use the statutory form language exactly, or it is unenforceable.
Roughly 1 in 4 construction liens recorded in Florida each year are challenged or discharged for technical defects, according to data summarized by the Florida DBPR Construction Lien guide, and a fraudulent lien under § 713.31 costs the filer the lien, plus damages and attorney’s fees.
Here is what this guide delivers:
- 📄 The exact statutory wording and box-by-box walkthrough of the Florida Claim of Lien form
- ⏰ Every deadline that can kill the lien, from the 90-day clock to the 1-year enforcement window
- 🏗️ Three full filled-out scenarios for a sub, a supplier, and a roofing GC
- 🏛️ County-by-county recording channels, fees, and e-recording portals
- ⚠️ The 12 most common errors that get liens thrown out and how to dodge each one
What the Florida Claim of Lien Is and Who Must File It
The Florida Claim of Lien is the recorded instrument authorized by Chapter 713, Part I of the Florida Statutes, often called the Construction Lien Law. It converts an unpaid invoice for improvements to real property into an encumbrance recorded against the property’s title. Once recorded, it shows up on every title search, blocks most refinances, and can force the owner to pay or face foreclosure of the lien.
The statute lists the people allowed to record one. Under § 713.01(18), a lienor is anyone in privity with the owner (the general contractor) plus subcontractors, sub-subcontractors, laborers, materialmen, and design professionals (architects, landscape architects, engineers, surveyors, and interior designers) who furnish to the job. People not in privity must serve a Notice to Owner within 45 days of first furnishing or they lose lien rights entirely.
The form solves a real cash-flow problem in construction. Florida builders submit billions of dollars in payment applications each month, and slow-pay or no-pay disputes are common. The Claim of Lien gives the unpaid worker leverage without filing suit first, because the cloud on title pressures the owner, the lender, and the title company to fund the payoff.
The statute that requires the form is § 713.08, which both authorizes the lien and prints the required form text. The agency that receives the form is the Clerk of the Circuit Court in the county where the property sits, not a state agency. The deadline that governs it is 90 days from the last furnishing of labor or materials, and the penalty for non-compliance ranges from a void lien to fraudulent lien damages under § 713.31.
The current statutory form text was last reorganized by the Florida Legislature in 2019, but the lien form language at § 713.08(3) has stayed substantively identical for years. Always confirm the version on the Florida Senate statutes page before recording, because a single missing element can wipe out the lien.
Before You Start: Documents and Information You Need
Before you open the form, gather every piece of paperwork the statute references or that the clerk may demand. Missing even one item below will either force you to amend the lien (which restarts disputes about timing) or expose you to a § 713.31 challenge.
Pull these items together first:
- Signed written contract or work order. Without it, you cannot prove the scope or contract price, and an owner can challenge the lien amount under § 713.06.
- All invoices and pay applications. These prove the unpaid balance; missing invoices give the owner ammunition to argue the lien is inflated.
- Notice to Owner (NTO) with proof of service. If you are not in privity, your green card, certified mail receipt, or process server affidavit is the lifeline of your lien rights.
- Notice of Commencement (NOC) recorded by the owner. It lists the legal owner, the lender, the surety, and the designated agent for service; without it, you may have to serve the wrong party.
- Legal description of the property. Pull this from the deed or property appraiser site, not from a tax bill, because a wrong legal description voids the lien against bona fide purchasers.
- Last furnishing delivery ticket or signed timecard. This anchors your 90-day deadline; an undated ticket forfeits the strongest defense to a timing challenge.
- Owner’s mailing address and the property address. Both are required so the 15-day post-recording service is provable under § 713.08(4)(c).
- Notarization access. Florida requires a notary acknowledgment under § 695.03; plan on a mobile notary or a remote online notary if you are out of state.
- Recording fees in cleared funds. Most clerks charge $10.00 for the first page, $8.50 for each additional page, and $1.00 per name indexed over four, per § 28.24.
- Photos and project records. Not required by the form, but invaluable when the owner files a § 713.21 show-cause action.
Aisha, a drywall sub on a Tampa townhouse, learned this the hard way when her last delivery ticket was unsigned, and the owner’s lawyer used the gap to argue she missed the 90-day window. Marcus, a lumber supplier in Jacksonville, kept every signed receiver, and his lien sailed through.
Where to Get the Form and How to Access It
The form is statutory, meaning the words in § 713.08(3) are the form. There is no agency-issued PDF you must download, and no “official” Department of State release. You may type the form into a Word document, use a commercial template, or use the fillable PDFs many county clerks publish.
For a clean starting template that mirrors the statute, contractors commonly use the DBPR construction lien sample form, the Levelset Florida lien form, or the Florida Bar Construction Law Committee examples. None of these are mandatory, but each reproduces the statutory language and notary block.
You can also pull the official statute text directly from the Florida Senate or Online Sunshine and paste it into your document. The statute prints headings such as WARNING!, Claim of Lien, Lienor’s Name and Address, Service Address, and the Sworn To and Subscribed notarization block.
Most large Florida counties post fillable starter forms on their clerk pages, including Miami-Dade Clerk, Broward County Records, Orange County Comptroller, Hillsborough Clerk, and Duval County Clerk. Each accepts e-recording through vendors like Simplifile, CSC, or ePN, which is the fastest channel for most filers.
If you are out of state, you can complete the form, notarize it remotely under § 117.201–.305, and submit through e-recording without ever entering Florida. Janet, a Georgia-based supplier, recorded her Tallahassee lien at 11 p.m. on day 89 using remote notarization and e-recording.
Step-by-Step: How to Fill Out the Florida Claim of Lien Line by Line
The Claim of Lien is short — usually one to two pages — but every field carries weight. Use the exact box names from the statute, not paraphrases, because Florida courts have voided liens for substituting words like jobsite for property. Walk through each field below in the order it appears.
Field 1: The Heading “Claim of Lien”
The form must be titled Claim of Lien at the top of the page in clearly readable text. The clerk’s indexing system searches for this exact phrase, so anything else (Lien Notice, Mechanic’s Lien, Construction Lien) will mis-index the document and may even be rejected.
How to answer: type Claim of Lien centered, in bold or all caps, at the top of the first page. Maria Lopez, a tile sub in Pinellas, types CLAIM OF LIEN in 14-point bold. The nuance: if you are recording an Amended Claim of Lien, write Amended Claim of Lien and reference the prior recording’s book and page. The common mistake is writing Mechanic’s Lien, which Florida abolished as a phrase; the consequence is a clerk rejection and lost recording-day priority. The misconception is that the Florida Bar or DBPR has a “real” title; the statute itself dictates the title.
Field 2: State of Florida / County of ____ Header
Right under the title sits a two-line venue block: State of Florida on one line and County of [name] on the next. This block establishes notarial venue and tells the clerk where the property and the notarization occurred.
How to answer: write State of Florida and County of Miami-Dade (or the county where the property sits). Carlos enters County of Orange because the renovation is in Orlando. The nuance: notarial venue is where the signing happened, not where the property sits, and the two can differ if you sign in a different county. The common mistake is leaving the county blank and letting the notary fill it in later, which can mismatch and create a fatal acknowledgment defect. The misconception is that you must sign in the property’s county; you do not, but your notary block must reflect the signing county.
Field 3: Lienor’s Name and Address
This block names the person or company claiming the lien. The name must match the entity that contracted, invoiced, and served the NTO; mismatches between the contract name and the lien name are the single most common attack vector.
How to answer: type the exact legal name on file with the Florida Division of Corporations or, for individuals, the legal name on the contractor license. Aisha’s company is Sunrise Drywall, LLC, so she writes Sunrise Drywall, LLC, 1450 Bay Street, Tampa, FL 33602. The nuance: if you operate under a fictitious name (DBA), record the legal name d/b/a the trade name. The common mistake is writing the trade name only; the consequence is the owner’s lawyer arguing no contract privity with the named lienor and seeking discharge under § 713.21(4). The misconception is that the lien tracks the invoicing name; courts track the contract name.
Field 4: Service Address
The Service Address tells the world where to mail or hand-serve the lienor with notices, demands, and a § 713.21 show-cause complaint. It must be a Florida address under § 713.18 if the lienor wants to receive service in Florida.
How to answer: type a street address (P.O. boxes are allowed if it is the lienor’s only address). Marcus enters Service Address: 200 Riverside Avenue, Suite 5, Jacksonville, FL 32202. The nuance: out-of-state lienors should designate a Florida agent to avoid claims that they have no in-state service address. The common mistake is using a temporary jobsite trailer; the consequence is missed contests of lien when the trailer is gone. The misconception is that the Service Address must match the Lienor’s Address; the statute lets them differ.
Field 5: Description of Labor, Services, or Materials Furnished
This box captures what you furnished, in plain trade terms. It is a description, not an invoice; you do not list every screw, but you must be specific enough that the owner can identify the work.
How to answer: write a short trade description such as Drywall hanging and finishing on second-floor units 12 through 24. Aisha writes Drywall installation, taping, and finishing. The nuance: design professionals describe their plans and specifications, while suppliers describe the materials delivered. The common mistake is writing miscellaneous construction; the consequence is the owner arguing the lien is too vague and seeking partial discharge. The misconception is that you must attach invoices; Florida does not require attachments at recording.
Field 6: Description of the Real Property
This is the legal description, not the street address. The legal description is what the clerk indexes against the parcel, so an error here can render the lien unenforceable against later buyers under § 713.13.
How to answer: copy the legal description from the recorded deed or the recorded Notice of Commencement, word-for-word. Carlos pulls Lot 14, Block 3, SUNRISE ESTATES, according to the plat thereof recorded in Plat Book 56, Page 12, of the Public Records of Orange County, Florida from the deed. The nuance: condos use the unit number, the declaration’s recording info, and the parcel folio. The common mistake is using the property appraiser’s “short legal” line; the consequence is partial or full discharge for a defective description. The misconception is that a street address is enough; it is not, though many clerks recommend including it as a courtesy.
Field 7: Owner’s Name and Address
Here you list the legal owner of record on the date you furnished the first labor or materials, plus the owner’s address from the Notice of Commencement or deed.
How to answer: type Owner: Robert and Linda Chen, 4520 Palm Drive, Orlando, FL 32801. Aisha enters the LLC owner exactly as it appears on the warranty deed. The nuance: if the property has been sold during the project, list both the original owner and the current owner, because both took an interest subject to the lien. The common mistake is naming the contractor as “owner” because that is who hired you; the consequence is naming the wrong party and losing priority. The misconception is that married couples are one entry; list both spouses if both are on title.
Field 8: Name of Person With Whom the Lienor Contracted
This box matters most for subs and suppliers. It tells the world whether the lienor is in privity with the owner or further down the chain, which controls NTO requirements.
How to answer: enter the exact contracting party’s name. Maria, a sub-subcontractor, writes Premier Framing, Inc., subcontractor of Apex General Contractors, LLC. The nuance: laborers contract with whoever hired them — write the foreman’s company name, not the GC. The common mistake is leaving this blank because the contractor was a “handshake”; the consequence is an immediate § 713.21(4) challenge. The misconception is that you list the GC by default; you list whoever signed your contract or paid your invoices.
Field 9: Labor, Services, or Materials Furnished — Dates
This is the date range of furnishing — first furnishing through last furnishing. The last furnishing date triggers the 90-day recording clock, and a misstated date is the easiest way to lose the lien.
How to answer: write First furnishing: 02/03/2026; Last furnishing: 04/22/2026. Janet enters her actual delivery dates from her bills of lading. The nuance: punch-list and warranty work generally do not extend the last furnishing date under Florida case law (see Aetna Casualty v. Buck); only contract work does. The common mistake is using a return-trip “fix” to extend the deadline; the consequence is a § 713.31 fraudulent lien claim. The misconception is that the invoice date is the furnishing date; the delivery or labor date controls.
Field 10: Total Value of Labor, Services, or Materials Furnished
This is the gross contract value of what the lienor furnished, before crediting payments. It is not the unpaid balance.
How to answer: type Total value: $48,500.00. Aisha lists the full contract amount. The nuance: change orders signed in writing add to this number; oral changes do not unless the owner’s conduct ratified them. The common mistake is putting the unpaid amount here; the consequence is reporting an inconsistent payment ledger and inviting a fraud challenge. The misconception is that this number must equal the invoice total; it must equal the contract value, including approved changes.
Field 11: Amount Paid
This box reports payments received against the contract value, not the project as a whole. It must be accurate to the penny.
How to answer: type Amount paid: $20,000.00. Marcus lists the partial payments he received on his lumber tickets. The nuance: retainage being held by the owner is not an amount paid — it is unpaid. The common mistake is omitting a payment received on the day of recording; the consequence is overstating the lien by that payment, which is a § 713.31 trigger. The misconception is that disputed back-charges count as payments; they do not unless the lienor accepted them in writing.
Field 12: Amount Unpaid
This is the lien amount, the number that becomes the encumbrance on the property. Subtract Amount Paid from Total Value, and add only those late charges or interest the contract authorizes in writing.
How to answer: type Amount unpaid: $28,500.00. Carlos pulls his ledger and writes the exact balance. The nuance: do not add attorney’s fees or future interest; you cannot lien for unliquidated future charges. The common mistake is rolling lost-profit damages into the lien; the consequence is a fraudulent lien finding and loss of all lien rights. The misconception is that you can lien for “extras” you never billed; you can only lien for furnished work or materials.
Field 13: Notice to Owner Date (If Applicable)
If the lienor is not in privity with the owner, the lienor must state the date the Notice to Owner was served. This proves the 45-day NTO requirement was met.
How to answer: write NTO served on Owner: 02/15/2026. Aisha pulls her certified mail green card date. The nuance: serve the NTO on the owner, the contractor, and the lender — missing the lender alone can defeat the lien against the construction loan. The common mistake is using the postmark date instead of the receipt date; courts use the mailing date as service. The misconception is that GCs need an NTO; they do not, because they are in privity.
Field 14: Signature of Lienor or Lienor’s Agent
The signature must be by the lienor personally or by an authorized agent (officer, manager, or attorney with written authorization). It must be wet-ink or compliant electronic signature under § 668.50.
How to answer: print the signer’s name, title, and sign. Maria signs Maria Lopez, Managing Member, Sunrise Tile, LLC. The nuance: an unauthorized employee signing voids the verification; the corporate resolution should authorize the signer. The common mistake is having a bookkeeper sign without authority; the consequence is a void lien for defective verification under § 713.08(3). The misconception is that any signature works; only an authorized agent’s signature satisfies the statute.
Field 15: Notary Acknowledgment Block (“Sworn To and Subscribed”)
The form must be sworn and notarized. Florida requires the notary to confirm the identity of the signer under § 117.05 and to apply a current commission seal.
How to answer: the notary types Sworn to (or affirmed) and subscribed before me by means of [physical presence] [online notarization] this 25th day of April, 2026, by Maria Lopez, who is personally known to me or who produced a Florida driver’s license as identification. The nuance: remote online notarization is allowed if the notary is a registered Florida RON; out-of-state notaries are not allowed for Florida real estate documents. The common mistake is using a non-Florida notary; the consequence is a void acknowledgment and a void lien. The misconception is that any U.S. notary works; only Florida-commissioned notaries (in person or RON) qualify for Florida lien recording.
Field 16: Certificate of Service / 15-Day Owner Service
After recording, the lienor must serve a copy of the recorded Claim of Lien on the owner within 15 days under § 713.08(4)(c). The certificate of service is typically a separate page kept in the lienor’s file.
How to answer: prepare a sworn statement showing date, method (certified mail, hand delivery, or process server), and address served. Marcus mails on day 3 by certified mail and keeps the green card. The nuance: serve the recorded copy with the book and page number, not the unrecorded draft, because some courts require service of the recorded version. The common mistake is missing the 15-day window; the consequence is the lien becoming unenforceable even if otherwise valid. The misconception is that recording counts as service; it does not — the owner must receive a copy.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Aisha, Drywall Subcontractor on a Tampa Townhouse
| Form Section | What Aisha Enters |
|---|---|
| Title | Claim of Lien |
| Venue | State of Florida, County of Hillsborough |
| Lienor’s Name and Address | Sunrise Drywall, LLC, 1450 Bay Street, Tampa, FL 33602 |
| Service Address | 1450 Bay Street, Tampa, FL 33602 |
| Description of Work | Drywall hanging, taping, and finishing in Building B, units 12–24 |
| Legal Description | Lot 7, Block 2, BAYSHORE TOWNHOMES, Plat Book 112, Page 33, Hillsborough County |
| Owner | Bayshore Holdings, LLC, 800 Kennedy Blvd, Tampa, FL 33606 |
| Contracted With | Apex General Contractors, LLC |
| Furnishing Dates | First: 02/03/2026; Last: 04/22/2026 |
| Total Value | $48,500.00 |
| Amount Paid | $20,000.00 |
| Amount Unpaid | $28,500.00 |
| NTO Served | 02/15/2026 (certified mail to owner, GC, lender) |
Scenario 2: Marcus, Lumber Supplier on a Jacksonville Commercial Build-Out
| Form Section | What Marcus Enters |
|---|---|
| Title | Claim of Lien |
| Venue | State of Florida, County of Duval |
| Lienor’s Name and Address | Riverside Lumber Co., 200 Riverside Avenue, Jacksonville, FL 32202 |
| Service Address | 200 Riverside Avenue, Suite 5, Jacksonville, FL 32202 |
| Description of Work | Framing lumber, sheathing, and engineered joists delivered to jobsite |
| Legal Description | Lot 4, RIVERSIDE COMMERCE PARK, Plat Book 78, Page 9, Duval County |
| Owner | Atlantic Tenant Holdings, Inc., 50 Bay Street, Jacksonville, FL 32202 |
| Contracted With | Coastal Framing Subcontractors, Inc. |
| Furnishing Dates | First: 01/14/2026; Last: 03/30/2026 |
| Total Value | $76,200.00 |
| Amount Paid | $30,000.00 |
| Amount Unpaid | $46,200.00 |
| NTO Served | 01/28/2026 (process server delivery to owner and lender) |
Scenario 3: Carlos, Roofing GC on an Orlando Single-Family Home
| Form Section | What Carlos Enters |
|---|---|
| Title | Claim of Lien |
| Venue | State of Florida, County of Orange |
| Lienor’s Name and Address | Carlos Roofing Co., 4520 Pine Hills Road, Orlando, FL 32808 |
| Service Address | 4520 Pine Hills Road, Orlando, FL 32808 |
| Description of Work | Tear-off and replacement of asphalt shingle roof, including underlayment |
| Legal Description | Lot 14, Block 3, SUNRISE ESTATES, Plat Book 56, Page 12, Orange County |
| Owner | Robert and Linda Chen, 4520 Palm Drive, Orlando, FL 32801 |
| Contracted With | Robert and Linda Chen (direct contract) |
| Furnishing Dates | First: 03/02/2026; Last: 04/10/2026 |
| Total Value | $18,750.00 |
| Amount Paid | $5,000.00 |
| Amount Unpaid | $13,750.00 |
| NTO Served | Not applicable — GC in privity with owner |
How to File the Completed Form
Florida lien recording is handled by each county’s Clerk of the Circuit Court. Every county accepts at least three channels: in person, by mail, and by e-recording through a vendor. Pick whichever fits your timeline, but always confirm receipt by book and page before relying on the lien.
E-recording (fastest). Submit through a vendor such as Simplifile, CSC eRecording, or ePN to clerks like Miami-Dade, Broward, Orange, or Hillsborough. Fees match the standard schedule under § 28.24: $10.00 first page, $8.50 each additional, and $1.00 per indexed name over four. ACH or credit card is accepted; processing usually completes the same business day. Keep the e-recorded copy stamped with book and page as your proof of filing.
By mail. Send to the Recording Department of the county clerk with a check or money order. Example: Hillsborough Clerk of Circuit Court, P.O. Box 3249, Tampa, FL 33601-3249. Include a self-addressed stamped envelope for the recorded copy. Processing takes 5–10 business days. Do not mail close to the 90-day deadline — the postmark does not save you, only recording does.
In person. Walk into the clerk’s recording counter (e.g., Duval Clerk Recording, 501 W. Adams St., Jacksonville). Pay by cash, check, or card. Get a recorded copy on the spot. This is the safest channel on day 89.
By fax. Most Florida counties no longer accept fax recording. Confirm with the specific clerk before relying on this channel; if accepted, fees are the same.
Whichever channel you use, the proof of filing you keep is the conformed copy with the book, page, and instrument number stamped on the first page.
What Happens After You File
Once recorded, the lien immediately appears in the Official Records and any title search. Within 15 days, you must serve a copy on the owner under § 713.08(4)(c). Failure to serve is the most common defect that kills otherwise-valid liens.
The lien lasts one year from the date of recording under § 713.22(1). Within that year, you must either receive payment, get a written extension, or file a lien foreclosure complaint in the circuit court of the county where the property sits. Miss the year, and the lien expires automatically.
The owner can shorten the 1-year clock to 60 days by recording a Notice of Contest of Lien under § 713.22(2), or to 20 days by filing a § 713.21(4) Complaint to Show Cause. Both compress your timeline aggressively, and many liens are lost simply because the lienor did not check the property’s records weekly.
Owners often respond by transferring the lien to a bond under § 713.24. When that happens, the property is freed and the bond becomes the lienor’s source of recovery. You still must sue within the same time limits, just against the bond instead of the property.
If the owner pays, you must record a Satisfaction of Lien within a reasonable time. Failing to record a satisfaction after payment can subject you to damages under § 713.21(3), so do not delay.
Mistakes to Avoid When Filling Out the Form
- Recording after the 90-day deadline. The lien is void on its face, and the owner can recover damages and attorney’s fees.
- Using the street address instead of the legal description. The lien is not enforceable against bona fide purchasers under § 713.13.
- Naming the wrong owner. A discharge motion will succeed if the lienor names a prior owner or a tenant.
- Including unbillable damages or future profits in the lien amount. This triggers a § 713.31 fraudulent lien claim.
- Forgetting to serve the Notice to Owner within 45 days of first furnishing. All lien rights vanish for non-privity lienors.
- Missing the 15-day post-recording owner service. The lien becomes unenforceable even though it remains recorded.
- Using a non-Florida notary. The acknowledgment is void, and the lien is void.
- Letting an unauthorized employee sign the lien. The verification fails, and the lien is voidable on motion.
- Padding the lien with retainage already paid. Overstatement equals fraud under § 713.31.
- Missing the 1-year suit deadline (or shorter contest deadlines). The lien expires by operation of law, and you have nothing to foreclose.
- Recording in the wrong county. The lien must be recorded where the property sits, not where the lienor’s office is.
- Failing to attach or reference the right Notice of Commencement. You may serve the wrong owner or lender and lose priority over the construction loan.
Do’s and Don’ts
Do’s
- Do pull the legal description from the recorded deed or NOC, because that is what the clerk indexes against.
- Do serve the NTO within 45 days, certified mail with a green card, on the owner, GC, and lender, because a missed lender service voids priority.
- Do track the last-furnishing date with a signed delivery ticket, because that is your single strongest evidence at trial.
- Do record electronically through Simplifile or CSC near the deadline, because same-day recording beats mail every time.
- Do serve the recorded lien on the owner within 15 days using a method you can prove, because the statute punishes silent recording.
- Do calendar the 1-year suit deadline immediately upon recording, because Florida’s clock does not pause for settlement talks.
Don’ts
- Don’t use the property appraiser’s “short legal,” because courts have voided liens for that.
- Don’t sign before a non-Florida notary, because Florida real estate documents require Florida-commissioned notaries.
- Don’t lien for amounts you have not actually furnished, because § 713.31 turns a padded lien into damages plus attorney’s fees against you.
- Don’t wait until day 89 to record by mail, because postmark does not equal recording.
- Don’t paraphrase the statutory form headings, because deviations have killed liens in Florida appellate decisions.
- Don’t ignore a Notice of Contest, because the 60-day shortened clock can run out before you blink.
Pros and Cons of Filing on Your Own vs. With Help
Pros of filing pro se
- Cost. You save attorney fees, which can run $500–$1,500 just to draft and record a single lien.
- Speed. You can record same-day through a clerk’s e-recording vendor without waiting for a law firm.
- Privacy. You keep ledger details internal rather than sharing them with outside counsel.
- Control. You set the lien amount and timing exactly as you want, without negotiation.
- Simplicity for direct contracts. GCs in privity often have a clean fact pattern and no NTO complications.
Cons of filing pro se
- Statutory traps. Even small wording mistakes can void the lien, and § 713.31 makes mistakes expensive.
- No suit-readiness. Most pro se filers freeze when faced with a 60-day Notice of Contest or 20-day show-cause.
- Legal description errors. These are the leading cause of lien defeat for non-attorneys.
- Notarization problems. Improper RON or out-of-state notary use voids the form.
- Strategic blind spots. Attorneys see when to send a § 713.06 demand for sworn statement first, and when to bond around an owner’s defenses.
Notice of Commencement vs. Claim of Lien
| Document | Key Difference |
|---|---|
| Notice of Commencement | Filed by the owner before work starts under § 713.13, giving notice that improvements are starting and identifying the parties to be served by lienors |
| Claim of Lien | Filed by the lienor after non-payment under § 713.08, creating an encumbrance on title for unpaid labor or materials |
Notice to Owner vs. Claim of Lien
| Document | Key Difference |
|---|---|
| Notice to Owner | Pre-lien warning under § 713.06(2); served within 45 days of first furnishing; preserves lien rights for non-privity lienors |
| Claim of Lien | Recorded encumbrance under § 713.08; recorded within 90 days of last furnishing; enforces lien rights through the clerk’s office |
FAQs
Do I need a Notice to Owner if I have a direct contract with the homeowner?
No. Lienors in privity with the owner — typically the GC or a direct-contract specialty contractor — do not have to serve an NTO under § 713.06.
Can I record a Claim of Lien for unpaid change orders?
Yes. Written, signed change orders and oral changes ratified by conduct can be included in the contract value, but disputed extras should be excluded to avoid § 713.31 fraud risk.
Does the 90-day clock restart if I do warranty or punch-list work?
No. Florida case law treats true warranty and punch-list work as not extending the last furnishing date; only contract scope work resets the clock.
Should I write the property’s street address in Box 6 (Description of Real Property)?
No. Box 6 takes the legal description from the deed or NOC; you may add the street address as a courtesy, but the legal description is what controls.
What do I write in Box 8 if I had a handshake contract?
Yes, you must still name a contracting party. Write the individual or company you actually dealt with, even if there is no signed paper, or risk a § 713.21(4) discharge motion.
Do I have to attach my invoices to the recorded lien?
No. Florida does not require invoice attachments at recording; keep them in your file for the foreclosure suit.
Can I sign the lien in front of a notary in another state?
No. Florida real estate recordings require a Florida-commissioned notary, including remote online notaries registered under § 117.295.
What is the 15-day rule after recording?
Yes, it is mandatory. You must serve a copy of the recorded lien on the owner within 15 days under § 713.08(4)(c), or the lien is unenforceable.
Can the owner cut my one-year deadline short?
Yes. A Notice of Contest under § 713.22(2) shortens it to 60 days, and a § 713.21(4) show-cause complaint shortens it to 20 days.
What happens if I overstate the lien amount?
No safe harbor exists for willful overstatement. Under § 713.31, a fraudulent lien is unenforceable and you owe damages and attorney’s fees.
Is e-recording valid for a Florida construction lien?
Yes. All major Florida clerks accept e-recording through Simplifile, CSC, and ePN, and the recorded date governs the 90-day clock.
Do I have to record in the property’s county?
Yes. The lien must be recorded with the Clerk of the Circuit Court in the county where the property sits, regardless of the lienor’s office location.
Can a laborer record a lien?
Yes. Individual laborers are lienors under § 713.01(18) and may record a Claim of Lien for unpaid wages on the project.
Does a Notice of Commencement help me as a lienor?
Yes. It identifies the legal owner, lender, and designated agent; using it ensures NTO and post-recording service reach the right parties.
Related reading
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