Florida Statutes

Fla. Stat. § 713.08 (2025)

Claim of lien.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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713.08 Claim of lien.—

(1) For the purpose of perfecting her or his lien under this part, every lienor, including laborers and persons in privity, shall record a claim of lien which shall state:

(a) The name of the lienor and the address where notices or process under this part may be served on the lienor.

(b) The name of the person with whom the lienor contracted or by whom she or he was employed.

(c) The labor, services, or materials furnished and the contract price or value thereof. Materials specially fabricated at a place other than the site of the improvement for incorporation in the improvement but not so incorporated and the contract price or value thereof shall be separately stated in the claim of lien.

(d) A description of the real property sufficient for identification.

(e) The name of the owner.

(f) The time when the first and the last item of labor or service or materials was furnished.

(g) The amount unpaid the lienor for such labor or services or materials and for unpaid finance charges due under the lienor’s contract.

(h) If the lien is claimed by a person not in privity with the owner, the date and method of service of the notice to owner. If the lien is claimed by a person not in privity with the contractor or subcontractor, the date and method of service of the copy of the notice on the contractor or subcontractor.

(2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.

(3) The claim of lien shall be sufficient if it is in substantially the following form, and includes the following warning:

WARNING!

THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.

CLAIM OF LIEN

State of

County of

Before me, the undersigned notary public, personally appeared , who was duly sworn and says that she or he is (the lienor herein) (the agent of the lienor herein ), whose address is ; and that in accordance with a contract with , lienor furnished labor, services, or materials consisting of on the following described real property in County, Florida:

(Legal description of real property)

owned by of a total value of $ , of which there remains unpaid $ , and furnished the first of the items on , (year) , and the last of the items on , (year) ; and (if the lien is claimed by one not in privity with the owner) that the lienor served her or his notice to owner on , (year) , by ; and (if required) that the lienor served copies of the notice on the contractor on , (year) , by and on the subcontractor, , on , (year) , by .

(Signature)

Sworn to (or affirmed) and subscribed before me this day of , (year) , by (name of person making statement) .

(Signature of Notary Public - State of Florida)

(Print, Type, or Stamp Commissioned Name of Notary Public)

Personally Known OR Produced Identification

Type of Identification Produced

However, the negligent inclusion or omission of any information in the claim of lien which has not prejudiced the owner does not constitute a default that operates to defeat an otherwise valid lien.

(4)(a) The omission of any of the foregoing details or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error.

(b) Any claim of lien recorded as provided in this part may be amended at any time during the period allowed for recording such claim of lien, provided that such amendment shall not cause any person to suffer any detriment by having acted in good faith in reliance upon such claim of lien as originally recorded. Any amendment of the claim of lien shall be recorded in the same manner as provided for recording the original claim of lien.

(c) The claim of lien shall be served on the owner. 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.

(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. 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. The claim of lien shall be recorded in the clerk’s office. If such real property is situated in two or more counties, the claim of lien shall be recorded in the clerk’s office in each of such counties. The recording of the claim of lien shall be constructive notice to all persons of the contents and effect of such claim. The validity of the lien and the right to record a claim therefor shall not be affected by the insolvency, bankruptcy, or death of the owner before the claim of lien is recorded.

History.—s. 1, ch. 63-135; s. 7, ch. 65-456; s. 35, ch. 67-254; s. 6, ch. 77-353; s. 5, ch. 80-97; s. 4, ch. 92-286; s. 3, ch. 96-383; s. 1765, ch. 97-102; s. 13, ch. 98-246; s. 4, ch. 99-386; s. 4, ch. 2003-177; s. 8, ch. 2005-227; s. 7, ch. 2007-221.

Note.—Former s. 84.081.

Notes of Decisions

Cited in 94 cases (7 in the last 5 years), 1970–2026 · leading case: Trytek v. Gale Indus., Inc., 3 So. 3d 1194 (Fla. 2009).

Sort: Relevance Newest Treatment

Trytek v. Gale Indus., Inc., 3 So. 3d 1194 (Fla. 2009). · cites it 3× “9 The application of an inflexible bright-line rule that a judgment in any amount on the lien claim mandates “prevailing party” attorneys’ fees disregards the fact that a claim of lien under section 713.08, Florida Statutes (2005), requires that the “contract price” or the…”

MID-STATE CONTRACTPRS, INC. v. Halo Dev. Corp., 342 So. 2d 1078 (Fla. 2d DCA 1977). · cites it 8× “Even more persuasive is the language found in subsection 4(a) of Section 713.08, which states: "The omission of any of the foregoing details or errors in such claim of lien shall not, within the discretion of the trial *1080 court, prevent the enforcement of such lien as against…”

Twelve Oaks, Ltd. v. Florida Nat'l Bank (In Re Twelve Oaks, Ltd.), 59 B.R. 736 (Bankr. M.D. Fla. 1986). · cites it 9× “Claim of Lien Only “substantial” compliance with the requirements in Florida Statute § 713.08 is required. A trial court may in its discretion overlook any omission or error in the claim of lien and enforce the lien if the one against whom the lien is being enforced has not been…”

Michnal v. Palm Coast Dev., Inc., 842 So. 2d 927 (Fla. 4th DCA 2003). · cites it 4× “§ 713.08(5), Fla. Stat. (2000)(lien must be filed within 90 days of "final furnishing" of labor, services, or materials).”

Trintec Const., Inc. v. Countryside Vill. Condo., Ass'n, Inc., 992 So. 2d 277 (Fla. 3d DCA 2008). · cites it 6× “121, Florida Statutes (2006), versus section 713.08, Florida Statutes (2006), the mechanic's lien law requirements themselves.”

Sam Rodgers Props., Inc. v. Chmura, 61 So. 3d 432 (Fla. 2d DCA 2011). · cites it 3× “” § 713.08(4)(a). In rejecting the amended claim of lien, the trial court improperly found that it was filed “to protect [SRP’s] interests, not pursuant to the [c]ontract or for the benefit of Linda Chmura.”

Ruocco v. Brinker, 380 F. Supp. 432 (S.D. Fla. 1974). · cites it 6× “As a prerequisite to perfecting a lien and recording a claim of lien, all lienors, except laborers, who are not in privity with the owner, must serve a notice on the owner setting forth the lienor’s name and address, a description of the real property sufficient for…”

Premier Finishes, Inc. v. Maggirias, 130 So. 3d 238 (Fla. 2d DCA 2013). · cites it 4× “…services or materials.” § 713.08(5). It is undisputed that the work was completed in February 2012. . See generally § 713.08(1)-(3).”

Delta Fire Sprinklers v. ONEBEACON INS., 937 So. 2d 695 (Fla. 5th DCA 2006). · cites it 3× “23(1)(d) requires a party seeking recovery under a payment bond to serve a written notice of nonpayment on the contractor and surety not later than 90 days after the "final furnishing of labor, services or materials.”

Royal Ambassador v. E. Coast Supply, 495 So. 2d 932 (Fla. 4th DCA 1986). · cites it 6× “" While the adjudication against the entire property is overbroad and contrary to statute, unless a unit owner can demonstrate he was prejudiced by the overly broad description of the property liened, *935 the lien should be effective against the respective units according to…”

Zupnik Haverland, L.L.C. v. Current Builders of Florida, Inc., 7 So. 3d 1132 (Fla. 4th DCA 2009). · cites it 2× “Section 713.08, Florida Statutes, provides that a 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.”

Symons Corp. v. Tartan-Lavers Delray Beach, 456 So. 2d 1254 (Fla. 4th DCA 1984). · cites it 2× “Section 713.08, Florida Statutes, in subsection (4)(a) specifically states that: The omission of any foregoing details or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been…”

Show all 94 citing cases →

— 713.08(1) — 3 cases

Twelve Oaks, Ltd. v. Florida Nat'l Bank (In Re Twelve Oaks, Ltd.), 59 B.R. 736 (Bankr. M.D. Fla. 1986). “Claim of Lien Only “substantial” compliance with the requirements in Florida Statute § 713.08 is required. A trial court may in its discretion overlook any omission or error in the claim of lien and enforce the lien if the one against whom the lien is being enforced has not been…”

Premier Finishes, Inc. v. Maggirias, 130 So. 3d 238 (Fla. 2d DCA 2013). “…services or materials.” § 713.08(5). It is undisputed that the work was completed in February 2012. . See generally § 713.08(1)-(3).”

Orlando Dinner Ent., Inc. v. Elec. Sys., Inc., 722 So. 2d 981 (Fla. 5th DCA 1999).

— 713.08(1)(c) — 2 cases

HOBBS CONST. & DEV., INC. v. Presbyterian Homes, 440 So. 2d 673 (Fla. 1st DCA 1983).

Trytek v. Gale Indus., Inc., 997 So. 2d 365 (Fla. 2008).

— 713.08(1)(d) — 1 case

Johnson & Bailey Architects, PC v. Se. Brake Corp., 517 So. 2d 776 (Fla. 2d DCA 1988).

— 713.08(1)(g) — 1 case

MID-STATE CONTRACTPRS, INC. v. Halo Dev. Corp., 342 So. 2d 1078 (Fla. 2d DCA 1977). “Even more persuasive is the language found in subsection 4(a) of Section 713.08, which states: "The omission of any of the foregoing details or errors in such claim of lien shall not, within the discretion of the trial *1080 court, prevent the enforcement of such lien as against…”

— 713.08(2) — 2 cases

Ruocco v. Brinker, 380 F. Supp. 432 (S.D. Fla. 1974). “As a prerequisite to perfecting a lien and recording a claim of lien, all lienors, except laborers, who are not in privity with the owner, must serve a notice on the owner setting forth the lienor’s name and address, a description of the real property sufficient for…”

Grant v. Davis (In Re CJW Ltd.), 172 B.R. 675 (Bankr. M.D. Fla. 1994).

— 713.08(3) — 6 cases

Stunkel v. Gazebo Landscaping Design, Inc., 660 So. 2d 623 (Fla. 1995).

J.R. Fenton, Inc. v. Gallery 600, Inc., 488 So. 2d 587 (Fla. 2d DCA 1986).

Yell-For-Pennell, Inc. v. Joab, Inc., 243 So. 2d 438 (Fla. 3d DCA 1971).

Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. Hart, 390 So. 2d 367 (Fla. 2d DCA 1980).

— 713.08(4) — 3 cases

Jack Stilson & Co. v. Caloosa Bayview Corp., 278 So. 2d 282 (Fla. 1973).

George J. Motz Constr. Corp. v. Coral Pines, Inc., 232 So. 2d 441 (Fla. 4th DCA 1970).

Jack Stilson & Co. v. Caloosa Bayview Corp., 265 So. 2d 85 (Fla. 2d DCA 1972).

— 713.08(4)(a) — 20 cases

Royal Ambassador v. E. Coast Supply, 495 So. 2d 932 (Fla. 4th DCA 1986). “" While the adjudication against the entire property is overbroad and contrary to statute, unless a unit owner can demonstrate he was prejudiced by the overly broad description of the property liened, *935 the lien should be effective against the respective units according to…”

Sam Rodgers Props., Inc. v. Chmura, 61 So. 3d 432 (Fla. 2d DCA 2011). “” § 713.08(4)(a). In rejecting the amended claim of lien, the trial court improperly found that it was filed “to protect [SRP’s] interests, not pursuant to the [c]ontract or for the benefit of Linda Chmura.”

Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011).

Johnson & Bailey Architects, PC v. Se. Brake Corp., 517 So. 2d 776 (Fla. 2d DCA 1988).

— 713.08(4)(b) — 6 cases

Trintec Const., Inc. v. Countryside Vill. Condo., Ass'n, Inc., 992 So. 2d 277 (Fla. 3d DCA 2008). “121, Florida Statutes (2006), versus section 713.08, Florida Statutes (2006), the mechanic's lien law requirements themselves.”

Jack Stilson & Co. v. Caloosa Bayview Corp., 278 So. 2d 282 (Fla. 1973).

Barlow v. Molloy, 773 So. 2d 93 (Fla. 5th DCA 2000).

Hoepner & Assocs., Inc. v. Stewart Gilman Co., 648 So. 2d 854 (Fla. 5th DCA 1995).

— 713.08(4)(c) — 4 cases

Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. Hart, 390 So. 2d 367 (Fla. 2d DCA 1980).

Fettig's Constr., Inc. v. Paradise Props. & Interiors \llc\"" (Fla. 4th DCA 2020).

— 713.08(5) — 40 cases

Michnal v. Palm Coast Dev., Inc., 842 So. 2d 927 (Fla. 4th DCA 2003). “§ 713.08(5), Fla. Stat. (2000)(lien must be filed within 90 days of "final furnishing" of labor, services, or materials).”

Delta Fire Sprinklers v. ONEBEACON INS., 937 So. 2d 695 (Fla. 5th DCA 2006). “23(1)(d) requires a party seeking recovery under a payment bond to serve a written notice of nonpayment on the contractor and surety not later than 90 days after the "final furnishing of labor, services or materials.”

Herpel, Inc. v. Straub Capital Corp., 682 So. 2d 661 (Fla. 4th DCA 1996).

Aronson v. Keating, 386 So. 2d 822 (Fla. 4th DCA 1980).

— 713.08(l)(c) — 2 cases

Trytek v. Gale Indus., Inc., 3 So. 3d 1194 (Fla. 2009). “9 The application of an inflexible bright-line rule that a judgment in any amount on the lien claim mandates “prevailing party” attorneys’ fees disregards the fact that a claim of lien under section 713.08, Florida Statutes (2005), requires that the “contract price” or the…”

Inland Materials, Inc. v. Superior Aircraft Hangars, Inc., 464 So. 2d 1320 (Fla. 2d DCA 1985).

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