Florida lien · Fla. Stat. § 713.08

Florida Claim of Lien — § 713.08, explained

The Claim of Lien is the document that actually encumbers the property: a sworn statement recorded with the clerk of court in the county where the project sits. Florida gives lienors 90 days from their final furnishing of labor or materials to record it — a hard deadline that no demand letter, promise, or negotiation extends.

The deadlines that matter

Record within 90 days of final furnishing — the last day you supplied labor, services, or materials to the job (punch-list touch-ups and warranty work generally don't restart the clock). Then serve a copy on the owner within 15 days of recording.

Once recorded, the lien lasts one year unless a foreclosure action is filed — and an owner can shorten that to 60 days by recording a Notice of Contest of Lien under § 713.22. If the window closes without suit, the lien dies.

Before you record

Your underlying lien rights must be intact: subs and suppliers without a contract with the owner need a timely Notice to Owner on file, and the amount claimed should be accurate — Florida penalizes willfully exaggerated liens (§ 713.31), which can void the lien entirely and expose the lienor to damages.

Most contractors serve a Notice of Intent to Lien first: a 10-day final demand that frequently produces payment without recording anything. If it doesn't, the NOI becomes part of the paper trail showing a good-faith attempt to resolve the debt.

How the Claim of Lien fits the Notice of Commencement

Florida's construction-lien scheme is built around the recorded Notice of Commencement. The NOC names the owner, the contractor, the lender, and anyone designated to receive notices — which is exactly the information a lienor needs to serve documents correctly. An accurate, timely NOC keeps the claim of lien enforceable; a missing or stale one is where most Chapter 713 disputes begin.

Florida Claim of Lien — frequently asked questions

How long do I have to record a Claim of Lien in Florida?

90 days from your final furnishing of labor, services, or materials under Fla. Stat. § 713.08(5). The deadline is jurisdictional — record on day 91 and the lien is invalid, regardless of how much is owed.

How long does a recorded Florida lien last?

One year from recording, unless a foreclosure lawsuit is filed within that period. The owner can compress that to 60 days by recording a Notice of Contest of Lien under § 713.22.

Do I have to send anything before recording a Claim of Lien?

If you have no direct contract with the owner, a timely Notice to Owner (within 45 days of first furnishing) is a prerequisite. A Notice of Intent to Lien is not required but is standard practice as a final demand. Contractors in privity with the owner must also deliver a final payment affidavit at least 5 days before filing suit to enforce the lien.

Next step

Most unpaid invoices get resolved at the Notice of Intent to Lien stage — serve the 10-day demand before you record.

This page is general information about Fla. Stat. § 713.08 and Florida construction-lien practice — not legal advice. Deadlines are strict and fact-specific; consult a licensed Florida construction attorney about your situation.