Construction Liens in Florida

Overview

Sources

FLA. Stat. §§ 713.001 et seq.

Authorized Claimants

A materialman or laborershall, subject to the limitations thereof, have a lien on the real property improved for any money that is owed to him or her for labor, services, materials, or other items required by, or furnished in accordance with, the direct contract and for unpaid finance charges due under the lienors contract. A materialman or laborer shall also have a lien on the owners real property for any money that is owed to him or her for labor, services, or materials furnished to improve public property No lien under this section shall be acquired until a claim of lien is recorded(2017 FL Stat.713.05 and 713.06)

Lien Priority

(1)Liens under ss. 713.03 and 713.04 shall attach at the time of recordation of the claim of lien and shall take priority as of that time.
(2) Liens under ss. 713.05 and 713.06 shall attach and take priority as of the time of recordation of the notice of commencement, but in the event a notice of commencement is not filed, then such liens shall attach and take priority as of the time the claim of lien is recorded.
(3) All such liens shall have priority over any conveyance, encumbrance or demand not recorded against the real property prior to the time such lien attached as provided herein, but any conveyance, encumbrance or demand recorded prior to the time such lien attaches and any proceeds thereof, regardless of when disbursed, shall have priority over such liens...(2017 FL Stat. 713.07)

Notices and Registries

Filing Deadlines

The claim of lien may be recorded at any time during the progress of the work...but not later than 90 days after the final furnishing of the labor or services or materials by the lienor. The claim of lien shall be recorded in the clerks office. (2017 FL Stat. 713.08(5))

Enforcement Deadlines

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. A lien that has been continued beyond the 1-year period by the commencement of an action is not enforceable against creditors or subsequent purchasers for a valuable consideration and without notice, unless a notice of lis pendens is recorded. (2017 FL Stat. 713.22(1)