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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 codeFlorida Statutes Chapter 713
Prelien required for private / commercial projectsYes
Prelien required for public projectsYes
FL statutory reliefFull price
Lien milestone eventLast furnishing / last invoice
Lien enforcement deadline120 to 180 days
Waivable lien rightsLimited by statute
Supplier to supplier rightsConditional, check statutes
Prelien document name(s)Notice to Owner
Prelien minimum informationClaimant identity, contracting party, property details, and statutory warning language.
Prelien minimum notificationsOwner, contractor, lender (as applicable)
Prelien recording requirementNo
Prelien notarizedNo

Understanding the Prelien Process on Construction Projects in Florida by Role

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.

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.

Other important construction links in 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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