What do official Florida sources say about mechanic's liens on a home?

Florida Statutes section 713.06 is the official source quoted on the notice to owner and the contractor's final payment affidavit, with section 713.20 on waiving a lien right in advance and on lien waiver and release forms, and DBPR's construction-industry FAQ on additional information.

Source: Florida Senate, Florida Statutes section 713.06, read 23 October 2026.
Source: Florida Senate, Florida Statutes section 713.20, read 23 October 2026.
Source: Florida DBPR, Construction Industry FAQ, read 23 October 2026.

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By InstaBids editorial team with AI research agents. Sources last read: 23 October 2026

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Key facts

Section 713.06(2)(a) says: "The notice is not a lien, cloud, or encumbrance on the real property nor actual or constructive notice of any of them."
Source: Florida Statutes section 713.06(2)(a), read 23 October 2026.
Section 713.06(2)(a) says: "The serving of the notice does not dispense with recording the claim of lien."
Source: Florida Statutes section 713.06(2)(a), read 23 October 2026.
Section 713.20(2) says: "Any waiver of a right to claim a lien that is made in advance is unenforceable."
Source: Florida Statutes section 713.20(2), read 23 October 2026.

Who receives Florida's notice, and when?

Florida Statutes section 713.06(2)(a) says: "All lienors under this section, except laborers, as a prerequisite to perfecting a lien under this chapter and recording a claim of lien, must serve a notice on the owner setting forth the lienor’s name and address, a description sufficient for identification of the real property, and the nature of the services or materials furnished or to be furnished. A sub-subcontractor or a materialman to a subcontractor must serve a copy of the notice on the contractor as a prerequisite to perfecting a lien under this chapter and recording a claim of lien. A materialman to a sub-subcontractor must serve a copy of the notice to owner on the contractor as a prerequisite to perfecting a lien under this chapter and recording a claim of lien. A materialman to a sub-subcontractor shall serve the notice to owner on the subcontractor if the materialman knows the name and address of the subcontractor. The notice must be served before commencing, or not later than 45 days after commencing, to furnish his or her labor, services, or materials, but, in any event, before the date of the owner’s disbursement of the final payment after the contractor has furnished the affidavit under subparagraph (3)(d)1. The notice must be served regardless of the method of payments by the owner, whether proper or improper, and does not give to the lienor serving the notice any priority over other lienors in the same category; and the failure to serve the notice, or to timely serve it, is a complete defense to enforcement of a lien by any person. The serving of the notice does not dispense with recording the claim of lien. The notice is not a lien, cloud, or encumbrance on the real property nor actual or constructive notice of any of them."

Source: Florida Statutes section 713.06(2)(a), read 23 October 2026.

What does the Florida final-payment affidavit passage say?

Florida Statutes section 713.06(3)(d) reads: "When the final payment under a direct contract becomes due the contractor: 1. The contractor shall give to the owner a final payment affidavit stating, if that be the fact, that all lienors under his or her direct contract who have timely served a notice to owner on the owner and the contractor have been paid in full or, if the fact be otherwise, showing the name of each such lienor who has not been paid in full and the amount due or to become due each for labor, services, or materials furnished."

Source: Florida Statutes section 713.06(3)(d), read 23 October 2026.

What does Florida quote about a waiver in advance?

Florida Statutes section 713.20(2) says: "A right to claim a lien may not be waived in advance. A lien right may be waived only to the extent of labor, services, or materials furnished. Any waiver of a right to claim a lien that is made in advance is unenforceable."

Source: Florida Statutes section 713.20(2), read 23 October 2026.

What wording addresses the Florida release forms?

Florida Statutes section 713.20(6) says: "A person may not require a lienor to furnish a lien waiver or release of lien that is different from the forms in subsection (4) or subsection (5)."

Source: Florida Statutes section 713.20(6), read 23 October 2026.

Section 713.20(8) says: "A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable in accordance with the terms of the lien waiver or lien release."

Source: Florida Statutes section 713.20(8), read 23 October 2026.

What does Florida's consumer agency say about additional information?

DBPR's construction-industry FAQ says: "If you need additional information, please consult an attorney who is experienced in lien law."

Source: Florida DBPR, Construction Industry FAQ, read 23 October 2026.

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One point about InstaBids follows. Contact details stay hidden until the homeowner picks a contractor and they confirm the connection.

Source: InstaBids process and privacy, live-page excerpts, read 23 October 2026.

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