How to file a Mechanics Lien in Florida [All you need to know]

Download a FREE Florida Mechanics Lien form (levelset.com/mechanics-lien/florida-claim-of-me…) and follow along if you’re filing it yourself, or send it stress-free through Levelset at app.levelset.com/wizard/SelectDocument/1.

Before you file your Florida Mechanics Lien, you’ll want to make sure that you’ve sent the required Preliminary Notice (Florida Notice to Owner) to preserve your lien rights. Failing to send a prelim in Florida means you’ve lost your ability to file a Mechanics Lien.
Step 1: Preparing the Mechanics Lien form
Be sure to have the right form and fill it out as accurately as possible. You’ll need to include:
Your information;
The hiring party’s information;
A description of labor, services, and materials provided;
A property description;
The name of owner;
The claim amount;
Proof of service of the Florida Preliminary Notice;
And statutory warning
Once all this information has been filled out, there’s nothing left to do except sign the claim in front of a notary.

-Step 2: Serving notice
This can be done either by personal service or by certified mail. If neither is possible, posting the notice on the jobsite will suffice. As far as timing is concerned, the Notice of Lien Claim needs to be served within 15 days of filing.

-Step 3: Filing your lien claim
In Florida, lien claims can be recorded at any time during the construction project, but no later than 90 days after the last day you furnished labor or materials to the property.

-In which Florida county office should you record your lien?
Florida Mechanics Liens need to be filed in the county where the property is located. If the property spans more than one county, the claim should be recorded in both.

-How should you get your Florida Mechanics Lien filed?
Going to the clerk’s office yourself is your best bet to ensure your lien gets recorded as quickly as possible. When you actually go to the county clerk’s office, make sure to bring 2 original copies of the lien claim, and the proper method of payment.
Electronic recording is also an option. A majority of counties in Florida allow for the electronic recording of lien claims. Any claim filed in person or electronically will be officially recorded that day if filed early enough.
Lastly, you can mail in your claim. Filing a lien through the mail is effective but risky. Any mistakes, either on the document itself or sending the wrong filing fees, can cause your claim to be rejected. This isn’t to mention the potential delays involved, as it can take weeks for the claim to actually be recorded due to backlog.

-What to do after filing a Florida Mechanics Lien?
Florida mechanics liens are only valid for one year after the lien was recorded. If the claim isn’t enforced in that time, the lien will expire and become void and unenforceable. Make sure you take one of the following actions before the lien becomes invalid:
1) Filing an enforcement action if you haven’t been paid; or
2) Releasing the lien claim if you have been.
Keep in mind that if the owner files a Notice of Contest of Lien, the deadline to take action is cut to just 60 days.

Over 500,000 contractors and suppliers connect on Levelset’s cloud-based platform to make payment processes stress-free. Users easily exchange payment documents like Lien Waivers, Pay Applications, and Preliminary Notices, they see a complete picture of who is on their job, and are empowered with the resources and knowledge they need to be confident in payment. The results are faster payments and fewer surprises.
Levelset is venture-backed by S3 Ventures, Altos Ventures, and Brick & Mortar Ventures. Headquartered in New Orleans with offices in Austin and Cairo, Egypt, Levelset employs more than 150 people. For more information about Levelset, visit levelset.com or call 866-720-5436.