Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Florida
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This is an overview of the state’s statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we highly encourage you to work with a construction attorney for your particular circumstances in our complex construction lien law environment.
Florida Quick Overview
| Pursuant code | Florida Statutes Chapter 713 |
|---|---|
| Prelien required for private / commercial projects | Yes |
| Prelien required for public projects | Yes |
| FL statutory relief | Full price |
| Lien milestone event | Last furnishing / last invoice |
| Lien enforcement deadline | 120 to 180 days |
| Waivable lien rights | Limited by statute |
| Supplier to supplier rights | Conditional, check statutes |
| Prelien document name(s) | Notice to Owner |
| Prelien minimum information | Claimant identity, contracting party, property details, and statutory warning language. |
| Prelien minimum notifications | Owner, contractor, lender (as applicable) |
| Prelien recording requirement | No |
| Prelien notarized | No |
Understanding the Prelien Process on Construction Projects in Florida by Role
- Prime/ Original / General Contractors (GCs): Private/Commercial: Serve Notice to Owner within 45 days after first furnishing labor/materials.
- Subcontractors/Trade Partners (Subs): Private/Commercial: Serve Notice to Owner and General Contractor within 45 days after first furnishing.
- Second-tier Subcontractors: Private/Commercial: Serve Notice to Owner, General Contractor, and any other responsible parties within 45 days after first furnishing.
- Lower-tier Subcontractors: Private/Commercial: Serve Notice to Owner, General Contractor, and any other responsible parties within 45 days.
- Material Suppliers: Private/Commercial: Serve Notice to Owner and General Contractor within 45 days after first furnishing materials.
- Equipment Lessors: Private/Commercial: Serve Notice to Owner and General Contractor within 45 days after first leasing equipment.
- Second-tier Material Suppliers: Private/Commercial: Serve Notice to Owner and all relevant contractors within 45 days.
Mechanic's Liens in Florida
In Florida, a mechanics lien may be filed by a contractor, subcontractor, or material supplier who has not been paid for labor or materials furnished to a private project. A Notice to Owner (NTO) must be served within 45 days from first furnishing labor or materials (or from the date specially fabricated materials are commenced), and the Claim of Lien must be recorded within 90 days of last furnishing. The lien must be served on the owner within 15 days of recording. An action to foreclose the lien must be filed within one year of recording, unless shortened by an owner’s Notice of Contest (60 days) or Summons to Show Cause (20 days). A Final Contractor's Affidavit is required before foreclosing, except for material suppliers contracting directly with the owner.
Bond Claims in Florida
On public projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.
Construction Lien Waivers in Florida
Required format: Florida is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.
Required notarization: Florida does not require waivers to be notarized.
Florida's statutory forms must be used as-is, without adding provisions, as altering the language poses significant legal risks and may result in penalties for using non-compliant forms.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors’ websites in Florida counties
Most often, the county Assessor’s office is the go-to resource for online lien-related information for construction project parcels—ownership records, special warranty deeds, and more. Counties that we’ve not yet found online (those with “*”) link to a Google search for your convenience.
- Alachua County
- Baker County
- Bay County
- Bradford County
- Brevard County
- Broward County
- Calhoun County
- Charlotte County
- Citrus County
- Clay County
- Collier County
- Columbia County
- DeSoto County
- Dixie County
- Duval County
- Escambia County
- Flagler County
- Franklin County
- Gadsden County
- Gilchrist County
- *Glades County
- *Gulf County
- Hamilton County
- Hardee County
- Hendry County
- Hernando County
- Highlands County
- Hillsborough County
- *Holmes County
- Indian River County
- Jackson County
- Jefferson County
- Lafayette County
- Lake County
- Lee County
- Leon County
- Levy County
- Liberty County
- *Madison County
- Manatee County
- Marion County
- Martin County
- Miami-Dade County
- Monroe County
- Nassau County
- Okaloosa County
- Okeechobee County
- Orange County
- Osceola County
- Palm Beach County
- Pasco County
- Pinellas County
- Polk County
- Putnam County
- St. Johns County
- St. Lucie County
- Santa Rosa County
- Sarasota County
- Seminole County
- Sumter County
- Suwannee County
- *Taylor County
- Union County
- Volusia County
- Wakulla County
- Walton County
- Washington County
Other important construction links in Florida
- Florida Statutes Chapter 713 - Liens, Bonds, and Notices
- Florida Department of Business and Professional Regulation (DBPR)
- Florida Construction Industry Licensing Board
- Florida Department of Transportation (DOT) Construction Office
- Florida Chapter of Associated General Contractors (AGC)
- Florida Contractors Licensing Information Search
- Florida Home Builders Association (FHBA)
- U.S. Department of Labor OSHA - Region 4 (covers Florida)
Check out this ‘X’ list for Florida created by Prelien Pro!
Frequently asked questions (FAQs) on Florida lien processes for contractors
Is Notice to Owner required in Florida?
For many non-prime claimants, yes. Timing and recipients are statutory and role-specific.
How long do I have to record a lien in Florida?
Filing windows are tied to last furnishing and owner notices; claimants should calendar deadlines early.
Can suppliers preserve lien rights in Florida?
Yes, when notice and filing rules are followed.
Are waivers regulated by Florida statute?
Yes, Florida provides statutory waiver/release forms and language requirements.
Are public projects handled by bond claims?
Generally yes, public-project payment rights are typically pursued through bond remedies.
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