Florida Legal Information · Liens
Artisan & Mechanic’s Liens in Florida: How to Establish and Enforce Them
In Florida, two very different claims travel under the old name “mechanic’s lien.” One attaches to real estate when someone improves it and isn’t paid. The other attaches to personal property — a car, a boat, a piece of equipment — when someone repairs it and isn’t paid. They have separate statutes, separate deadlines, and separate ways to enforce. This guide walks through both.
First, get the names straight
What most people call a “mechanic’s lien” on a house or building is, in Florida, a construction lien under Ch. 713, Part I. The classic artisan’s lien — the auto shop that keeps your car until the bill is paid — is a possessory lien on personal property under § 713.58. Using the wrong rulebook is the fastest way to lose a valid claim.
Part 1 — The Construction (Mechanic’s) Lien on Real Property
Florida’s Construction Lien Law lets people who improve real estate secure payment by placing a lien on the property itself. If they aren’t paid, they can ultimately ask a court to force a sale. Because a lien clouds title, Florida regulates it tightly — and the deadlines are unforgiving.
Who can claim a construction lien
The right runs to those who furnish labor, services, or materials that improve the property, including general contractors, subcontractors and sub-subcontractors, material suppliers, and certain design professionals such as architects, engineers, surveyors, and landscape architects. Whether you must serve a preliminary notice depends on whether you have a direct contract with the owner.
How to establish (perfect) the lien — step by step
- Know whether a Notice of Commencement exists. Before work starts, the owner records a Notice of Commencement § 713.13. It identifies the project and tells lienors where to send notices. It is the owner’s step, but it sets the stage for everyone.
- Serve a Notice to Owner — if you are not in direct contract with the owner. Subcontractors and suppliers must serve a Notice to Owner § 713.06 within 45 days of first furnishing labor or materials. Miss it and you have no lien — the statute makes late or missing service a complete defense. The general contractor in privity with the owner does not need to serve this notice.
- Record your Claim of Lien. Record a sworn Claim of Lien in the county Clerk’s office § 713.08 within 90 days after you last furnish labor, services, or materials. The form and statutory warning are prescribed by law.
- Serve a copy on the owner. A copy of the recorded Claim of Lien must reach the owner — before recording or within 15 days after.
- Contractor’s final affidavit (general contractors only). A GC must serve the owner a final payment affidavit listing unpaid lienors at least 5 days before filing a foreclosure suit § 713.06(3)(d).
The deadlines that make or break the lien
Florida courts enforce these dates strictly. There is essentially no “close enough.”
| Step | Deadline | Statute |
|---|---|---|
| Serve Notice to Owner (subs & suppliers) | 45 days | from first furnishing · § 713.06 |
| Record Claim of Lien | 90 days | from last furnishing · § 713.08 |
| Serve copy of recorded lien on owner | 15 days | of recording · § 713.08 |
| File suit to foreclose the lien | 1 year | from recording · § 713.22 |
How to enforce the construction lien
Recording the lien does not, by itself, get you paid — it secures the claim. To collect, you file a lawsuit to foreclose the lien in circuit court and ask the court to order the property sold, with the proceeds applied to the debt. You must file within one year of recording the Claim of Lien § 713.22, or the lien is extinguished automatically.
Owners can accelerate that clock. By recording a Notice of Contest of Lien, an owner shortens the lienor’s window to file suit to 60 days § 713.22(2). An owner can also use a court summons procedure that forces the lienor to show cause within 20 days § 713.21. If the lienor doesn’t act in time, the lien drops away.
Owners who want a clean title without litigation can transfer the lien to a bond or cash deposit § 713.24. This frees the property; the dispute then runs against the security instead of the real estate.
Part 2 — The Artisan’s Lien on Personal Property
The artisan’s lien is the classic “I fixed it, I keep it until you pay” right. Florida codifies it in § 713.58: anyone who performs labor or services on the personal property of another has a lien on that property for the value of the work. Think auto mechanics, boat-yard repairs, machine shops, appliance and equipment repair.
How the artisan’s lien is established
This lien is largely automatic and possessory. Two things create and hold it: (1) you actually performed labor or services on the item, and (2) you keep lawful possession of it. There is no county recording step the way there is with real estate. The catch is the flip side — the lien is released and lost the moment the property leaves your possession. Hand the car back without payment and the statutory lien generally evaporates.
Removing the property to dodge the bill can be a crime
Under § 713.58(2)–(3), knowingly and fraudulently removing property subject to this lien — or paying with a check and then stopping payment — is unlawful and can carry criminal penalties. This is a deterrent, not a collection tool.
How to enforce the artisan’s lien
Because the lien is possessory, enforcement means converting that possession into payment — usually by selling the item under a regulated procedure. The path depends on what the property is.
Motor vehicles — the detailed statutory sale
For vehicles, enforcement follows § 713.585, which spells out a careful notice-and-sale process designed to protect the owner. In broad strokes, the lienor must:
- Run a title/records check (state DMV records and a national title information system) to identify the registered owner, the customer, and any other interest holders or lienholders;
- Send written notice by certified mail — within 7 business days — to those parties, with an itemized statement (drop-off date, completion date, amount due, fees, daily storage charges) and the date, time, and location of the proposed sale;
- Give the owner an opportunity to demand a hearing / contest the amount before the vehicle is sold; and
- Conduct the sale and apply the proceeds, accounting for any surplus.
The exact thresholds, waiting periods, and the customer’s right to recover the vehicle by posting a bond are set out in the statute (and, for consumer repairs, the Florida Motor Vehicle Repair Act, Ch. 559, Part IX). Get these steps exactly right — a defective notice can void the sale and expose the shop to liability.
Other personal property
For items other than motor vehicles, statutory liens are generally enforced under Florida’s lien-enforcement chapter Ch. 85, either by a court action to foreclose the lien or by a regulated retention-and-sale procedure. The safe rule before selling anything: confirm the precise notice and timing requirements that apply to your specific property type.
At a glance: two liens, two playbooks
| Construction (Mechanic’s) Lien | Artisan’s Lien | |
|---|---|---|
| Attaches to | Real estate (land & buildings) | Personal property (vehicles, equipment) |
| Main statute | Ch. 713, Part I | § 713.58 / § 713.585 |
| Recording? | Yes — record Claim of Lien | No — possession is the lien |
| Key to keeping it | Meet 45 / 90-day notice deadlines | Keep lawful possession of the item |
| Enforced by | Foreclosure suit within 1 year | Statutory notice-and-sale |
Frequently asked questions
Do I really lose my lien if I give the car back?
For the artisan’s lien under § 713.58, yes — it is a possessory lien, and surrendering possession generally releases it. That is why repair shops hold property until they are paid or until they begin the formal § 713.585 sale process.
I’m a subcontractor. I never sent a Notice to Owner. Can I still lien the property?
Almost always no. For lienors not in direct contract with the owner, serving the Notice to Owner within 45 days of first furnishing is a precondition to the lien. Florida treats a missing or late notice as a complete defense.
How long does a recorded construction lien last?
The lien is good for one year from recording. If you don’t file suit to foreclose within that year — or sooner, if the owner records a Notice of Contest (60 days) or uses the 20-day summons — it expires.
I’m the property owner. How do I get a lien off my title fast?
Three common routes: pay and obtain a release/satisfaction; transfer the lien to a bond or cash deposit under § 713.24 (which clears the property); or shorten the lienor’s deadline with a Notice of Contest or 20-day summons and let it expire if they don’t sue.
Can I do all of this myself without a lawyer?
Many of the documents — Notice to Owner, Claim of Lien, Notice of Contest, releases — are standardized and can be prepared with the right forms. The procedural deadlines and the foreclosure lawsuit itself are where mistakes get expensive, so it’s wise to have your completed forms reviewed before filing.
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