--- title: Lien on Property Florida: Subcontractor's Guide slug: lien-on-property-florida-subcontractors-guide description: Learn how to put a lien on property in Florida as a subcontractor. Deadlines, statute citations, and step-by-step process via LienFlash. published: 2026-07-24T10:12:43.030Z updated: 2026-07-24T10:12:43.030Z canonical: https://lienflash.app/blog/lien-on-property-florida-subcontractors-guide author: Grant Larsen publisher: LienFlash --- # Florida How to Put a Lien on Property: A Subcontractor's Guide Last updated: July 2025 Florida subcontractors, sub-subcontractors, and material suppliers must serve a Notice to Owner (NTO) on the property owner — and the construction lender, if one exists — before or within 45 days of first furnishing labor or materials on a private construction project to preserve mechanics lien rights, under [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c). After that, if you are not paid, you must record a Claim of Lien with the county clerk within 90 days of your last day of furnishing labor or materials, under [Fla. Stat. § 713.08](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.08.html)(5). Miss the 45-day NTO window and you lose lien rights entirely on private work — there is no partial protection. Miss the 90-day lien recording deadline and your lien is legally unenforceable. ## Who Is Required to File a Notice to Owner in Florida? Any contractor or supplier who does not have a direct contract with the property owner must serve a Notice to Owner to preserve lien rights. That means subcontractors, sub-subcontractors, material suppliers, and equipment lessors working on Florida private construction projects are all required to serve the NTO under [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(a). General contractors who have a direct contract with the owner are exempt from the NTO requirement — but if you are anyone in the chain below the GC, assume you need to file one. This rule applies to private projects only. Florida public projects — work performed for a government entity — use a different process called a Notice of Nonpayment on a payment bond, not a mechanics lien, under Fla. Stat. § 255.05. If you are a sub-subcontractor (you contract with a subcontractor, not the GC directly), you still have NTO rights under Florida law, but you must also serve the NTO on both the property owner and the GC. Do not skip either party — serving only one is grounds for dismissal. ## What Is the Deadline to Serve a Florida Notice to Owner? The NTO must be served no later than 45 days after the date you first furnish labor, materials, or services to the project, per [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c). The clock starts on day one of your work — not the day you signed the contract, not the day materials were ordered, but the day they were actually delivered or labor was first performed on site. If you miss the 45-day window, you do not get partial protection. Unlike some states that allow late notice to protect work performed in a trailing window, Florida's NTO requirement is a hard cutoff. Work done before service of a late NTO is unprotected. The practical move: serve the NTO before you even start work, or at minimum on day one. There is no penalty for serving early, and it removes all deadline risk. [Florida lien resources](/resources/florida-notice-to-owner) ## How Do You Serve a Florida Notice to Owner? The NTO must be served by one of three methods under [Fla. Stat. § 713.18](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.18.html): (1) personal delivery, (2) delivery by certified mail with return receipt requested, or (3) delivery by a nationally recognized overnight courier with delivery confirmation. Certified mail is the overwhelmingly common method because it creates a timestamped delivery record that is accepted as proof in court. Send the NTO to: - The property owner (at the address shown in the building permit or recorded Notice of Commencement) - The general contractor (for sub-subcontractors) - The construction lender (if one is identified in the Notice of Commencement) The Notice of Commencement, which is recorded in the county property records before construction begins, contains the names and addresses of all required recipients. Pull it before you start work — it is a public record available from the county clerk's office. If the owner failed to record a Notice of Commencement, that does not eliminate your lien rights, but it changes the address requirements. In that case, serve the NTO to the property address. USPS Certified Mail currently costs $4.85 as a base service fee (plus standard First-Class postage), according to the USPS Notice 123 Price List effective 2026. Adding electronic return receipt adds $2.46. Keep your Certificate of Mailing as proof of timely service — it documents the date you mailed, which is what matters for the 45-day deadline, not the date of delivery. ## What Must the Notice to Owner Contain? Florida law specifies the required contents of the NTO under [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c). A legally valid NTO must include: - The name and address of the lienor (you) - The name of the person who hired you (your direct customer, whether a GC or subcontractor) - The name of the property owner as it appears on the Notice of Commencement - A description of the real property sufficient to identify it (legal description or street address) - A description of the labor, services, or materials you are furnishing - The statutory warning language required by [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c)(1) — verbatim That last point matters. Florida requires specific warning language on the NTO. If you draft your own form and omit or alter that language, your NTO may be invalid even if it was served on time. Use a form that has been reviewed against current Florida statute — not a generic template downloaded from an unknown source. ## How Do You Record a Florida Mechanics Lien? If you served a valid NTO and still have not been paid, you record a Claim of Lien with the clerk of the circuit court in the county where the property is located. Under [Fla. Stat. § 713.08](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.08.html)(5), you must record the Claim of Lien within 90 days of your last day of furnishing labor or materials on the project. "Last day of furnishing" means the last date you actually performed work or delivered materials that were part of your contract. Warranty work, punch list corrections, and final cleanup generally do not extend this deadline — courts have consistently held that these do not constitute new furnishing under the Florida Construction Lien Law. Do not try to game the deadline by sending a single worker back to site to reset the clock. The Claim of Lien must contain the following under [Fla. Stat. § 713.08](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.08.html)(1): - Your name and address - The property owner's name and address - A description of the real property - A description of the labor or materials furnished - The first and last dates of furnishing - The amount unpaid - A statement that the NTO was served (if required) and the date it was served Record the Claim of Lien at the county clerk's office. Recording fees vary by county, but expect $10 for the first page and around $8.50 per additional page. After recording, you must serve a copy of the recorded Claim of Lien on the owner within 15 days of recording, under [Fla. Stat. § 713.08](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.08.html)(4)(b). [Florida Mechanics Lien Guide](/learn/florida-mechanics-lien) ## What Happens After You File the Lien? Recording the lien does not automatically get you paid — it puts a cloud on the property title that prevents the owner from selling or refinancing until the lien is resolved. That pressure is usually enough to trigger a payment conversation. After recording, you have 1 year from the date of recording to file a lawsuit to enforce the lien, under [Fla. Stat. § 713.22](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.22.html)(1). If you do not file suit within that year, the lien expires and is unenforceable. One year sounds like plenty of time, but it moves fast when you are running jobs and dealing with disputes. Owners and GCs have tools to fight back. An owner can serve you with a Notice of Contest of Lien under [Fla. Stat. § 713.22](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.22.html)(2), which shortens your enforcement window from 1 year to 60 days from the date of that notice. If you receive a Notice of Contest, act immediately — 60 days disappears fast, and missing it ends your lien rights. An owner can also transfer the lien to a bond under [Fla. Stat. § 713.24](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.24.html), which removes the cloud from the title. Your claim then attaches to the bond instead of the property. You still have rights — they are just redirected. File suit against the bond within the same 1-year window. ## What Are Common Mistakes Florida Subcontractors Make With Liens? The most common mistakes that kill lien rights in Florida: **Missing the 45-day NTO deadline.** This is the most common and most fatal error. There is no cure and no exception. Set a calendar alert on day one of every job. **Serving the NTO to the wrong address.** The NTO must go to the address on the Notice of Commencement, not what the GC told you or what is on the contract. Pull the recorded NOC every time. **Using a non-compliant NTO form.** Generic templates that omit required statutory warning language produce invalid NTOs. An invalid NTO is the same as no NTO. **Counting the 90-day lien deadline wrong.** The clock starts on the last day you furnished labor or materials, not the last day you were on-site for any reason. Warranty visits and deficiency corrections typically do not reset it. **Failing to enforce within 1 year.** Recording the lien is step one. If you do not file suit within 12 months — or 60 days after a Notice of Contest — the lien disappears. According to Rabbet's 2024 Construction Payments Report, 82% of contractors face payment waits of over 30 days. That number is up from 49% just two years prior. A valid lien on the property is often the only leverage a subcontractor has to accelerate that timeline. Losing it to a procedural mistake is an entirely avoidable outcome. [Florida lien deadline reference](/deadlines/florida) ## How Much Does It Cost to File a Lien in Florida, and Is It Worth It? The cost breakdown for a Florida mechanics lien: - Notice to Owner service (certified mail): ~$7–10 in postage and fees - County clerk recording fee: typically $10 first page, ~$8.50 each additional page - Attorney enforcement (if it reaches litigation): varies widely, but commonly $3,000–$10,000+ If you use a service like LienFlash to handle NTO filing, a single notice runs $24.99 and includes an attorney-reviewed, Florida-compliant form plus USPS Certified Mail with a Certificate of Mailing PDF. That is the document you will need if your lien rights are ever challenged. Is it worth it? A single preliminary notice that costs $24.99 and preserves lien rights on a $15,000 subcontract that would otherwise go unpaid represents a return of over 60,000% on the cost of filing. On a $75,000 subcontract, that return exceeds 300,000%. The math is not complicated — the risk is in not filing. According to Rabbet's 2024 Construction Payments Report, slow payments cost the U.S. construction industry an estimated $280 billion in 2024, adding roughly 14% to total construction spending. Mechanics lien rights are one of the few tools a subcontractor has to stand outside that statistic. ## Frequently Asked Questions ### Does a Florida subcontractor always need to file a Notice to Owner? On private projects, yes — if you do not have a direct contract with the property owner. If you are a subcontractor or sub-subcontractor on a private job in Florida, the NTO is required to preserve your mechanics lien rights under [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c). The only exception is if you have a direct contract with the owner. On public jobs, liens do not apply — you file a Notice of Nonpayment against the payment bond instead. ### What if I miss the 45-day Notice to Owner deadline in Florida? Your lien rights for work performed before the late NTO are gone — Florida provides no partial protection for late service, unlike some other states. You cannot retroactively protect work already furnished. Serve immediately going forward if you still have work remaining on the project, but be aware that the unprotected work cannot be included in any future lien claim. ### Can I still get paid without filing a lien in Florida? Yes. You can always pursue payment through a lawsuit for breach of contract, or attempt to collect on a bond if one exists. But without a valid lien, you lose your right to encumber the property — which is typically your strongest leverage. Payment bond claims and contract lawsuits are slower and more expensive than lien enforcement in most cases. ### How do I find the Notice of Commencement for a Florida project? The Notice of Commencement is a public record filed with the county clerk's office where the property is located. Search the county's official property records or official records portal by property address or parcel number. It must be recorded before construction begins under [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html). If no NOC was recorded, the owner or their agent may be personally liable for lien claims. ### How long does a Florida mechanics lien last? A recorded Claim of Lien is valid for 1 year from the date of recording under [Fla. Stat. § 713.22](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.22.html)(1). You must file a lawsuit to enforce it within that period, or the lien expires automatically. If the owner serves a Notice of Contest of Lien, your enforcement window shrinks to 60 days from the date that notice is served. ### Can a property owner make a Florida lien go away? Yes, through several methods. The owner can pay the debt and obtain a lien release from the lienor. They can transfer the lien to a surety bond under [Fla. Stat. § 713.24](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.24.html), which removes the encumbrance from the title. They can file a Notice of Contest of Lien, which shortens your enforcement window to 60 days. Or they can contest the lien's validity in court. ### Does filing a Notice to Owner guarantee I will get paid? No. The NTO preserves your right to record a lien if you are not paid — it does not force payment on its own. However, property owners and GCs are aware that a properly served NTO means you have lien rights, and in practice, it often prompts more attentive payment behavior. It signals that you know the law and are willing to enforce it. ### What if the general contractor tells me I do not need to file a Notice to Owner? Ignore that advice. The NTO requirement under [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c) is a statutory right that belongs to you — the subcontractor — not the GC. Some GCs discourage NTOs because they create administrative friction, but failing to file one leaves you with no recourse if the GC does not pay. Your lien rights exist independently of what anyone on the job tells you. ## Protect Your Lien Rights Today Lien rights in Florida are only valuable if you actually use them. The 45-day NTO deadline starts the moment your first worker shows up or your first delivery lands on site — and it does not pause, extend, or forgive. The fastest way to stay protected on every job is to make the NTO part of your standard project start process, before the work begins. LienFlash generates Florida-compliant, attorney-reviewed Notice to Owner forms and sends them via USPS Certified Mail in under 2 minutes. You get a Certificate of Mailing PDF to prove timely service. At $24.99 per notice, it costs less than an hour of your labor. Calculate your exact Florida NTO deadline at [/tools/lien-deadline-calculator], or create your account at [/signup] and get your first notice out today. --- Source: https://lienflash.app/blog/lien-on-property-florida-subcontractors-guide Author: Grant Larsen, President, LienFlash Publisher: LienFlash (https://lienflash.app)