United States · Florida construction liens
When must a Florida lienor record a claim of lien?
Section 713.08(5) permits recording during the work or no later than ninety days after the lienor’s final furnishing. Its contract-termination branch uses the earlier of two ninety-day endpoints. Record in every required county. Section 713.011 separately addresses final-day extensions and emergency clerk closure. This guide calculates no date.
- Period
- Ninety days after final furnishing, subject to the stated earlier termination endpoint
- Trigger
- The lienor’s actual final furnishing and any qualifying original-contract termination
- Rule
- 2026 Florida Statutes section 713.08(5)
2026 Florida Statutes, October 1, 2026 civil compilation and July 1, 2026 general practice compilation
Source guide · No automated date
Establish the complete Florida construction-lien or private-bond procedure
The ninety-day preset omits the earlier original-contract termination endpoint and statutory emergency-clerk tolling. It cannot establish the sworn contents or completed recording in every required county. No computed or paid recording date is released.
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Which actual event starts this Florida construction-lien or private-bond period?
Preserve the lienor’s own furnishing records and exclude mere deficiency corrections.
Determine whether the original contract was terminated under the referenced section 713.07(4) procedure.
Prepare and record the prescribed sworn claim in each county where the real property lies.
2026 Florida Statutes section 713.08(5)How does Florida treat this construction-lien period?
- Preserve the lienor’s own furnishing records and exclude mere deficiency corrections.
- Section 713.08(5) requires comparison of final furnishing and the qualifying termination event. Section 713.011 supplies its final-day and emergency-clerk provisions. Preserve their actual applicability instead of applying an unqualified ninety-day preset.
- Preserve the actual statutory holidays, clerk calendar and qualifying emergency closure records.
- Complete the required act with the proper court or recipient.
Section 713.011(1) extends a final Saturday, Sunday, specified section 110.117(1) holiday, clerk-observed holiday or chief-judge designated holiday to the next business day. Subsection (2) separately addresses emergency clerk closure preventing in-person recording or filing. On reopening, its period extends by the number of closed days. Preserve the actual calendar and closure records. Do not add that tolling automatically to noncourt service.
2026 Florida Statutes section 713.011(1),(2)Why does this procedure need a separate comparison?
The ninety-day preset omits the earlier original-contract termination endpoint and statutory emergency-clerk tolling. It cannot establish the sworn contents or completed recording in every required county. No computed or paid recording date is released.
Which Florida construction-lien or private-bond qualifications change the procedure?
- Establish the covered lienor, property and contract
- Section 713.01 defines eligible lienors, the owner, the direct contract and real property. Its owner and real-property definitions exclude the stated governmental entities and property. A private construction lien and a public payment-bond claim do not use interchangeable procedures.
- Final furnishing is the lienor’s own actual event
- Section 713.01(12) uses the lienor’s last furnishing of labor, services or materials. Certificates of occupancy or final completion do not replace that event. Correcting deficiencies in previously performed work or supplied materials does not qualify. Rental equipment uses its last on-site availability for use.
- Qualifying contract termination creates an earlier comparison
- When the original contract is terminated under section 713.07(4), the pretermination lien uses the earlier applicable ninety-day endpoint. Preserve the actual termination and final furnishing. Section 713.07(4) also addresses the recorded recommencement affidavit and its separate thirty-day priority consequence.
- A correction or amendment does not create unrestricted recording time
- Section 713.08(4)(b) permits amendment during the allowed recording period, subject to its good-faith reliance protection. Record the amendment in the prescribed manner. A later document cannot establish actual later furnishing merely by stating a different date.
- The construction-lien statute has its own time provisions
- Section 713.011(1) extends a qualifying final weekend or holiday to the next business day. Subsection (2) separately tolls recording and court-filing periods during its qualifying emergency clerk closure. Preserve the actual clerk calendar and closure history. The current single-date preset does not implement that statutory history.
- This guide does not establish lien entitlement, valid notice, sworn amounts, completed service or recording, a timely action or an actual judicial ruling.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida construction-lien or private-bond act
When must a Florida lienor record a claim of lien?
Does a certificate of occupancy start these ninety days?
Section 713.01(12) expressly rejects that substitute. Establish the lienor’s actual final furnishing.
2026 Florida Statutes section 713.01(12)Can a correction visit restart final furnishing?
The statutory definition excludes correction of deficiencies in previously performed work or supplied materials. Preserve the actual qualifying work.
2026 Florida Statutes section 713.01(12)Does one recording cover property in several counties?
Section 713.08(5) requires recording in the clerk’s office in each county where the property is situated.
2026 Florida Statutes section 713.08(5)Official Florida construction-lien or private-bond sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 713.08(5) | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 713.01(9),(19),(24),(27) | Establish the covered lienor, property and contract |
| 2026 Florida Statutes section 713.01(12) | Final furnishing is the lienor’s own actual event |
| 2026 Florida Statutes section 713.08(5) | Qualifying contract termination creates an earlier comparison |
| 2026 Florida Statutes section 713.08(4)(b) | A correction or amendment does not create unrestricted recording time |
| 2026 Florida Statutes section 713.011(1),(2) | The construction-lien statute has its own time provisions |
| 2026 Florida Statutes section 713.011(1),(2) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 713.18(1)–(4) | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.050 | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |