Lien deadlines · Florida

Florida mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Fla. Stat. § 713.08(5) sets a default of 90 days after last furnishing to record a claim of lien, for every role, and § 713.22 a default of 1 year after the claim of lien, or an amended claim of lien that shows a later date of final furnishing of labor, services, or materials, is recorded to sue. A termination of the original contract or an owner's notice of contest of lien brings shorter periods.

Florida · Lien deadlinesVerified 2026-10-01
Lien filing
90 days after last furnishing
Preliminary notice
Subcontractor, Sub-subcontractor, Supplier: 45 days after first furnishing; Laborer: None required
Deadline to sue
1 year after the claim of lien, or an amended claim of lien that shows a later date of final furnishing of labor, services, or materials, is recorded

Preliminary notice

WhoProject typeBranchDeadlineStatute
Subcontractor, Sub-subcontractor, SupplierAnyDefault45 days after first furnishingStatute: Fla. Stat. § 713.06(2)(a)
What the statute says about it. Failing to serve the notice, or to serve it on time, is a complete defense to enforcement of a lien by any person.
Subcontractor, Sub-subcontractor, SupplierAnyIn every case, as an outer limitBefore the owner disburses the final payment after the contractor has furnished its final payment affidavit.Statute: Fla. Stat. § 713.06(2)(a)
LaborerAnyDefaultNone requiredStatute: Fla. Stat. § 713.06(2)(a)
The notice must be served before commencing, or not later than 45 days after commencing, to furnish his or her labor, services, or materials, but, in any event, before the date of the owner’s disbursement of the final payment after the contractor has furnished the affidavit under subparagraph (3)(d)1.
Fla. Stat. § 713.06(2)(a) · Archived copy of the official text, captured 2026-05-17
the failure to serve the notice, or to timely serve it, is a complete defense to enforcement of a lien by any person.
Fla. Stat. § 713.06(2)(a) · Archived copy of the official text, captured 2026-05-17
All lienors under this section, except laborers, as a prerequisite to perfecting a lien under this chapter and recording a claim of lien, must serve a notice on the owner
Fla. Stat. § 713.06(2)(a) · Archived copy of the official text, captured 2026-05-17

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault90 days after last furnishingStatute: Fla. Stat. § 713.08(5)
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyIf the original contract is terminated under section 713.07(4)The earlier of 90 days after the termination and 90 days after the lienor's final furnishing.Statute: Fla. Stat. § 713.08(5)
The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor.
Fla. Stat. § 713.08(5) · Archived copy of the official text, captured 2026-05-17
However, if the original contract is terminated under s. 713.07(4), a claim for a lien attaching prior to such termination may not be recorded after 90 days following the date of such termination or 90 days after the final furnishing of labor, services, or materials by the lienor, whichever occurs first.
Fla. Stat. § 713.08(5) · Archived copy of the official text, captured 2026-05-17

Service of the lien

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault15 days after the lien is recordedStatute: Fla. Stat. § 713.08(4)(c)
What the statute says about it. Failing to serve the claim of lien before recording or within 15 days after recording makes it voidable to the extent the failure or delay is shown to have been prejudicial to a person with a right to rely on the service. Delivery: In the manner provided in section 713.18.
Failure to serve any claim of lien in the manner provided in s. 713.18 before recording or within 15 days after recording shall render the claim of lien voidable to the extent that the failure or delay is shown to have been prejudicial to any person entitled to rely on the service.
Fla. Stat. § 713.08(4)(c) · Archived copy of the official text, captured 2026-05-17

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault1 year after the claim of lien, or an amended claim of lien that shows a later date of final furnishing of labor, services, or materials, is recordedStatute: Fla. Stat. § 713.22(1)
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyAfter the owner serves a notice of contest of lien60 days after service of the owner's notice of contest of lien.Statute: Fla. Stat. § 713.22(2)
What the statute says about it. The lien of a lienor that does not sue within that time is extinguished automatically.
A lien provided by this part does not continue for a longer period than 1 year after the claim of lien has been recorded or 1 year after the recording of an amended claim of lien that shows a later date of final furnishing of labor, services, or materials, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction.
Fla. Stat. § 713.22(1) · Archived copy of the official text, captured 2026-05-17
The lien of any lienor upon whom such notice is served and who fails to institute a suit to enforce his or her lien within 60 days after service of such notice is extinguished automatically.
Fla. Stat. § 713.22(2) · Archived copy of the official text, captured 2026-05-17

Notice of commencement and completion

If the improvement described in a notice of commencement is not actually commenced within 90 days after the notice is recorded, the notice is void and of no further effect.

If the improvement described in the notice of commencement is not actually commenced within 90 days after the recording thereof, such notice is void and of no further effect.
Fla. Stat. § 713.13(2) · Archived copy of the official text, captured 2026-05-17

Residential projects

A direct contract greater than $2,500 between an owner and a contractor for improvements to a single or multiple family dwelling of up to four units must contain the statute's notice, printed in at least 12-point, capitalized, boldfaced type.

Any direct contract greater than $2,500 between an owner and a contractor, related to improvements to real property consisting of single or multiple family dwellings up to and including four units, must contain the following notice provision printed in no less than 12-point, capitalized, boldfaced type
Fla. Stat. § 713.015(1) · Archived copy of the official text, captured 2026-05-17

How the days are counted

A last day that falls on a Saturday, a Sunday or a legal holiday moves to the next day that is not one.

In computing any time period under this part, if the last day of the time period is a Saturday, Sunday, or holiday specified in s. 110.117(1), or any day observed as a holiday by the clerk’s office or designated as a holiday by the chief judge of the circuit, the time period is extended to the end of the next business day.
Fla. Stat. § 713.011(1) · Archived copy of the official text, captured 2026-05-17

Who the deadlines apply to

Florida's Construction Lien Law, Fla. Stat. ch. 713, part I, reaches every tier of a project, though its rules do not all name the same people [1]. The lien filing, service and suit rules each list direct contractors, subcontractors, sub-subcontractors, suppliers and laborers, and none is limited to one kind of project.

The notice to owner is narrower. It is the step for lienors who are not in privity with the owner, other than laborers, and the rules list those lienors as subcontractors, sub-subcontractors and suppliers [1]. The statute makes the notice a "prerequisite to perfecting a lien" and to recording a claim of lien, so for them it is a required step [1]. The statute writes in an exception for laborers, which is why the table shows None required on their row.

How the periods run

For subcontractors, sub-subcontractors and suppliers, the notice to owner carries two limits, and the table lists each as its own rule. The first runs from the day the lienor starts furnishing labor, services or materials: 45 days after first furnishing [1]. The second applies in every case, as an outer limit: Before the owner disburses the final payment after the contractor has furnished its final payment affidavit. [1] The statute ties a result to the notice: a failure to serve it, or to serve it on time, is a complete defense to enforcement of a lien by any person [1].

The claim of lien runs from the other end of the job, the lienor's own final furnishing, under the default rule [1]. One condition changes that. If the original contract is terminated under section 713.07(4), the period becomes The earlier of 90 days after the termination and 90 days after the lienor's final furnishing. [1]

After recording comes service. The claim of lien is served in the manner provided in section 713.18, before recording or within 15 days after the lien is recorded [1]. A failure or delay there makes the claim voidable, but only to the extent it is shown to have been prejudicial to a person with a right to rely on the service [1].

The suit period also runs from recording. An owner can shorten it: after the owner serves a notice of contest of lien, the period is 60 days after service of the owner's notice of contest of lien. [1] The statute says the lien of a lienor that does not sue within that time is extinguished automatically [1].

The lien deadline calculator counts no date for the final payment limit, the termination rule or the notice of contest rule, because the event each runs from is not one of its inputs.

Notice of commencement

If the improvement a notice of commencement describes is not actually commenced within 90 days after the notice is recorded, the notice is void and of no further effect [1].

How residential work is treated

Florida adds one requirement for homes. A direct contract greater than $2,500 between an owner and a contractor, for improvements to a single or multiple family dwelling of up to four units, must contain the notice the statute prints, set in at least 12-point, capitalized, boldfaced type [1].

Counting the days

When the last day of any period under the lien law lands on a Saturday, Sunday or a holiday named in Fla. Stat. § 110.117(1), the period runs to the end of the next business day [1] [2]. A day the clerk's office observes as a holiday, or one the circuit's chief judge designates, extends the period the same way [1]. Under § 110.117(1), a listed holiday that falls on a Saturday is observed the Friday before, and one that falls on a Sunday is observed the Monday after [2].

What changed recently

The text on this page is the 2025 Florida Statutes. Section 713.06 was last amended by ch. 2003-177, sections 713.08 and 713.015 by ch. 2007-221, and sections 713.13, 713.18, 713.21 and 713.22 by ch. 2023-226 [1].

Related

Lien deadlines: other states

Sources

  1. Fla. Stat. ch. 713 (2025), Online Sunshine (archived copy, captured 2026-05-17)
  2. Fla. Stat. § 110.117 (2025), Online Sunshine (archived copy, captured 2025-11-18)

Changelog

  1. : Page published.
  2. : Dataset first published: 9 of 51 jurisdictions published.