DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Florida

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Florida, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/florida · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkDeeds need two subscribing witnesses, and since 2024 their names and post-office addresses must appear.

Florida at a Glance

Topic Florida answer Where it comes from
Notice of Commencement (NOC) Recorded by the owner before work starts; void if work doesn't start within 90 days; expires in 1 year unless the NOC states otherwise Fla. Stat. § 713.13
Small jobs Direct contracts of $2,500 or less are exempt from most of Part I Fla. Stat. § 713.02(5)
Notice to Owner Non-privity lienors (except laborers) must serve within 45 days after first furnishing Fla. Stat. § 713.06(2)(a)
Claim of lien deadline 90 days after final furnishing; serve owner within 15 days after recording Fla. Stat. § 713.08(4)(c), (5)
Lien life 1 year after recording unless suit filed; 60 days after a Notice of Contest is served Fla. Stat. § 713.22
Transfer lien to security Cash or bond = claim + 3 years' interest + the greater of $5,000 or 25% of the claim (raised from $1,000 in 2023) Fla. Stat. § 713.24(1)
Deed execution Two subscribing witnesses; witness names and post-office addresses must appear (since Jan. 1, 2024) Fla. Stat. §§ 689.01, 695.26
Remote online notarization Yes, since Jan. 1, 2020 (online notaries and remote witnesses) Fla. Stat. ch. 117, Part II
Deed transfer tax Doc stamps $0.70 per $100 of consideration, which includes any mortgage assumed or taken subject to; Miami-Dade $0.60 plus a $0.45 surtax on non-single-family; seller pays by custom Fla. Stat. §§ 201.02, 201.031
Mortgage/indebtedness tax Doc stamps on the note $0.35 per $100, plus nonrecurring intangible tax 2 mills (0.2%) on the secured obligation; borrower pays Fla. Stat. §§ 201.08, 199.133
Future advances Up to 20 years; mortgage must state a maximum principal amount Fla. Stat. § 697.04
Plat approval Administrative approval by a designated official (since July 1, 2025) Fla. Stat. § 177.071 (ch. 2025-164)
Title premium regulation Promulgated. The Financial Services Commission adopts rates by rule; everyone charges the same premium Fla. Stat. §§ 627.782, 627.780; F.A.C. R. 69O-186.003

1. Mechanics' Lien Rules

Plain English

Florida's Construction Lien Law (Chapter 713, Part I) is detailed and paper-heavy. The key document for title work is the Notice of Commencement (NOC). The owner records it before work starts, and every construction lien on the job relates back to the NOC's recording date. That means a mortgage recorded after the NOC can be junior to liens filed months later. Subs and suppliers who don't deal directly with the owner must send a Notice to Owner early, or they lose their lien. Florida courts read the notice rules strictly, but a 2026 appellate case holds that a defective NOC doesn't wipe out a lien held by someone in privity with the owner.

Key Rules

Exemption for small jobs (§ 713.02(5)). If the direct contract price is $2,500 or less, Part I does not apply except § 713.05 (the contractor-in-privity lien).

Notice of Commencement (§ 713.13).

  • The owner or the owner's agent records the NOC before actually commencing the improvement and posts at the job site either a certified copy or a notarized statement that the NOC has been filed for recording, with a copy (§ 713.13(1)(a)).
  • Contents include the legal description and street address or tax folio, a description of the improvement, the owner and fee simple titleholder, the contractor, any payment-bond surety, the lender, and any designee to receive notices (§ 713.13(1)(a)).
  • The NOC expires 1 year after recording unless it states a different date (statutory NOC form in § 713.13(1)(d), item 9). Payments made after the expiration date are "improper payments."
  • If work does not start within 90 days after recording, the NOC is void (§ 713.13(2)).
  • The NOC is not a lien, cloud, or encumbrance on title, but it gives constructive notice that claims of lien may be recorded (§ 713.13(3)).
  • Building permits (§ 713.135). For permits on improvements over $5,000, a copy of the NOC (a certified copy of the recorded NOC, or a notarized statement that it has been filed for recording, with a copy) must be filed with the building department before the first inspection. Heating and A/C repair or replacement under $15,000 is excepted.

Notice to Owner (§ 713.06(2)(a)). A lienor not in privity with the owner, other than a laborer, must serve a Notice to Owner before beginning, or within 45 days after first furnishing labor, services, or materials, and in any event before the owner's final payment after receiving the contractor's final affidavit. Failure to serve is a complete defense to that lien. The 45 days run from delivery to the job site, not from the order date (Stunkel v. Gazebo Landscaping Design, Inc., 660 So. 2d 623 (Fla. 1995)).

Contractor's Final Payment Affidavit (§ 713.06(3)(d)1.). A contractor must give the owner a final affidavit listing unpaid lienors at least 5 days before suing to enforce its lien. It is a condition precedent, not jurisdictional, and can be cured within the limitations period (Holding Electric, Inc. v. Roberts, 530 So. 2d 301 (Fla. 1988)).

Claim of Lien (§ 713.08).

  • Recorded within 90 days after the final furnishing of labor, services, or materials (§ 713.08(5)). If the contractor's contract is terminated, the 90 days run from the earlier of termination or final furnishing.
  • A copy must be served on the owner within 15 days after recording; failure makes the lien voidable to the extent the owner was prejudiced (§ 713.08(4)(c)).

How long the lien lasts (§ 713.22).

  • 1 year after recording unless an enforcement action is commenced; a lis pendens is needed to bind later purchasers and encumbrancers (§ 713.22(1)).
  • Notice of Contest: the owner (or its attorney) may record a Notice of Contest of Lien; the clerk serves it. The lienor then has 60 days to sue, or the lien is extinguished automatically (§ 713.22(2)).

Transfer to security (§ 713.24(1)). Any recorded lien can be transferred to a cash deposit or surety bond equal to the claim, plus 3 years' interest at the legal rate, plus the greater of $5,000 or 25% of the claim for costs and attorney fees. The $5,000 figure replaced $1,000 in ch. 2023-226 (CS/CS/HB 331), effective Oct. 1, 2023. The same law also revised the NOC, notice of termination, and service forms.

Lien waivers (§ 713.20).

  • No advance waivers. A right to claim a lien can't be waived in advance (§ 713.20(2)).
  • Waivers given for progress payments and final payment must substantially follow the statutory forms (§ 713.20(4)–(5)). A lienor cannot be required to sign a different form as a condition of payment (§ 713.20(6)).

Priority (§ 713.07).

  • Liens of all lienors under §§ 713.05 and 713.06 attach and take priority as of the recording of the NOC. If there is no NOC, they attach when each claim of lien is recorded (§ 713.07(2)).
  • A conveyance, mortgage, or encumbrance recorded before the lien attaches has priority, including as to proceeds disbursed after the lien attaches (§ 713.07(3)).

Notice of Termination (§ 713.132). An owner can end an NOC early by recording a Notice of Termination. It must state that all lienors have been paid in full, carry an effective date at least 30 days after recording, be served on the contractor and every lienor who served a Notice to Owner, and attach the contractor's final payment affidavit.

Defective NOC (2026 case). James B. Martin, Inc. v. Moore, No. 4D2025-0517 (Fla. 4th DCA July 1, 2026), held that a defective NOC does not invalidate an otherwise proper construction lien against an owner in privity; the defect goes only to priority.

Practice Points

  1. Record the mortgage before the NOC. If a construction or improvement loan will fund, the lender's mortgage should be recorded before the NOC so it beats § 713.07 relation-back. Check the NOC for the lender name; a mortgage recorded after an NOC is a priority problem.
  2. Look for open NOCs on every purchase and refinance. An unexpired NOC means liens can still relate back. Get it terminated under § 713.132, wait out its expiration, or get final contractor's affidavits and statutory final waivers before deleting the construction-lien exception.
  3. Use the 2023 forms. Confirm NOCs, notices of termination, and waivers follow the forms as amended by ch. 2023-226.
  4. Bonded liens. When a lien has been transferred under § 713.24, confirm the deposit or bond meets the post-Oct. 1, 2023 formula and that the clerk's certificate of transfer is recorded.
  5. Notice to Owner review. At closing, ask the owner for all Notices to Owner received. Those lienors are the ones who need to sign final waivers.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Florida deeds need two witnesses. Since 2024, the witnesses' names and mailing addresses must be typed or printed under their signatures, or the clerk can refuse to record. Mortgages don't need witnesses, but they do need an acknowledgment to record. Florida was an early adopter of remote online notarization (RON): a Florida online notary can notarize over audio-video, and witnesses can appear remotely too. Florida's homestead rules add one more signer: a married owner's spouse must join in deeds and mortgages of homestead property, even if the spouse is not on title.

Key Rules

Deeds: two witnesses (§ 689.01(1)). A conveyance of real estate (other than a lease of 1 year or less) must be signed by the grantor in the presence of two subscribing witnesses. Since ch. 2020-102, the witnesses may be remote, appearing by audio-video communication under Chapter 117 (§ 689.01(2)–(3)).

Recording requirements (§ 695.26(1)). The clerk will not record an instrument unless:

  1. the names of the persons who signed it are legibly printed, typewritten, or stamped beneath their signatures, with their post-office addresses;
  2. the name and address of the preparer appear;
  3. the names and post-office addresses of each witness are printed under their signatures (addresses added effective Jan. 1, 2024);
  4. a 3-inch by 3-inch blank space is left at the top right of the first page, and 1 inch by 3 inches at the top right of each later page (§ 695.26(1)(e)); and
  5. for deeds, the grantee's name and post-office address appear.

Quitclaim deeds. A statutory quitclaim deed form was created by ch. 2023-238, Laws of Fla., effective July 1, 2023 (§ 689.025).

Acknowledgments (§§ 695.03, 695.25). Acknowledgments may be taken by Florida notaries and other listed officers. The statutory short forms in § 695.25 include a box showing whether the signer appeared by physical presence or online notarization.

Remote online notarization (ch. 117, Part II, §§ 117.201–117.305). Enacted by ch. 2019-71 (HB 409), effective Jan. 1, 2020.

  • Only registered online notaries using approved RON service providers may perform online notarizations.
  • Remote witnesses must confirm, among other things, that they are in the United States (§ 117.285).
  • Extra "vulnerable adult" screening questions apply to wills, trusts, powers of attorney, and similar documents.

Homestead joinder (Fla. Const. art. X, § 4(c)). A married owner may not alienate or mortgage homestead property without the spouse's joinder, whether or not the spouse holds title.

Curative statutes.

  • § 694.08: a conveyance of record for 7 years or more, followed by one or more recorded conveyances from those claiming under it, is validated despite missing witnesses, seal, or defective acknowledgment, absent fraud, adverse possession or pending litigation.
  • § 712.02 (Marketable Record Title Act): a 30-year root of title extinguishes most older interests, subject to the Act's exceptions.

Documentary stamp tax and intangible tax.

  • Deeds: $0.70 per $100 of consideration, including any mortgage the buyer assumes (§ 201.02(1)(a)). Miami-Dade County uses a different rate and a surtax (§ 201.031).
  • Notes and mortgages: $0.35 per $100 (§ 201.08(1)). The $2,450 cap applies only to notes not secured by a recorded mortgage (§ 201.08(1)(a)); there is no cap on recorded mortgages (§ 201.08(1)(b)).
  • Nonrecurring intangible tax: 2 mills (0.2%) on notes and other obligations secured by a mortgage on Florida real property, paid at recording (§ 199.133).

Practice Points

  1. Count the witnesses and check their addresses. A deed with one witness, or with witness names but no addresses (after Jan. 1, 2024), should not be recorded. Cure before closing.
  2. Homestead. Ask marital status on every Florida transaction involving a residence. If the property is or may be homestead, get the non-titled spouse's joinder.
  3. Tax math. Doc stamps and intangible tax are paid at recording. A short-paid mortgage tax can create enforcement problems for the lender. Confirm the amounts before you record.
  4. Old defects. A missing-witness defect in a conveyance recorded 7+ years ago is cured by § 694.08 once later conveyances under it have been recorded.

Citations

3. Securing Future Advances

Plain English

Florida lets a mortgage secure future advances (loans made later) with the same priority as the original loan, as long as the advances are made within 20 years and the mortgage states a maximum principal amount. This is what makes HELOCs and revolving construction loans work. The borrower can cap the line by recording a notice. Florida also gives lenders priority for advances to pay taxes, insurance, and to protect the property, even above the stated maximum.

Key Rules

  • 20-year window (§ 697.04(1)(a)). A mortgage may secure future advances, obligatory or optional, made within 20 years from its date, as if made on the date the mortgage was signed. As to third persons without actual notice, the lien is valid for all advances from the time the mortgage is recorded.
  • Maximum principal (§ 697.04(1)(b)). The total unpaid balance at any one time may not exceed a maximum principal amount stated in the mortgage, plus interest.
  • Borrower's notice limiting advances (§ 697.04(1)(b)). The mortgagor may record a notice limiting the maximum principal to no less than the amount then advanced, sending a copy to the mortgagee by certified mail. For an open-end or revolving line, the mortgagor must also surrender the credit cards, checks, or other access devices.
  • Secured even above the face amount (§ 697.04(1)(b)). Negative amortization and deferred interest; disbursements for taxes, levies, and insurance; and construction-loan advances under a loan agreement referred to in the mortgage are secured even if the mortgage doesn't mention future advances or the total exceeds the face amount.
  • Optional advances against later creditors (§ 697.04(2)). Notice of optional advances is valid only for advances made within 20 years.
  • Statutory liens (§ 697.04(3)). A conforming mortgage is prior to all later encumbrances, including statutory liens, except landlords' liens.

Practice Points

  1. Check the face of the mortgage for the maximum principal statement and the 20-year limit before you insure future advances.
  2. Paying off a HELOC. Get a payoff letter that freezes the line, and record the borrower's § 697.04 limiting notice or get a satisfaction promptly. Otherwise new draws keep their priority.
  3. Construction loans. Combine § 697.04 with § 713.07: the mortgage must be recorded before the NOC to stay ahead of construction liens.

Citations

4. Subdivision Statutes and Regulations

Plain English

Florida subdivision plats are governed statewide by Chapter 177, Part I, with local subdivision rules adopted under the Community Planning Act. A plat must be reviewed by a surveyor working for the local government, approved, and recorded. Since July 1, 2025, plat approval is administrative — a designated staff official approves it, not the county commission or city council. Mortgagees must join in plat dedications.

Key Rules

  • Approval (§ 177.071, amended by ch. 2025-164 (SB 784), effective July 1, 2025). Plats are approved administratively by a designated official, with no governing-body vote. The local government must acknowledge receipt within 7 business days. A municipality approves plats within its limits; the county approves in unincorporated areas.
  • Surveyor review and dedication (§ 177.081). Before approval, the plat is reviewed for Part I compliance by a professional surveyor and mapper employed or retained by the local government. Every dedication must be executed by all owners of record, and mortgagees must join in or ratify the plat.
  • Plat requirements (§ 177.091). Lists the technical standards (monuments, scale, title, legal description, etc.).
  • Recording (§ 177.111). Plats are recorded by the clerk after approval.
  • Early building permits (§ 177.073). In certain larger counties, a governing body must allow building permits for up to a set percentage of lots before final plat approval.
  • Local regulation. Counties and cities adopt land development regulations under Chapter 163, Part II (§ 163.3202). We found no Florida statute that voids a deed to a lot in an unapproved subdivision.

Practice Points

  1. Mortgagee joinder. Confirm every mortgagee of record joined in or ratified the plat. If not, the dedication may be subject to that mortgage.
  2. Lots sold before plat recording. Check local ordinances for penalties and permit refusals; describe the lot by metes and bounds plus a reference to the recorded plat once it is recorded.
  3. Plat dedications and restrictions. Read the plat for easements, dedications, and notes, and except them specifically.

Citations

5. Title Premium Rates

Plain English

Florida is a promulgated-rate state. The state, not the insurer, sets the title insurance premium. The Financial Services Commission adopts the rates by rule (Rule 69O-186.003, Florida Administrative Code), and every insurer and agent must charge exactly that premium. The rates are statewide. Agents may not rebate premiums to get business, with one narrow exception: an agent may rebate the attorney fee, other agent charges, or the part of the premium the insurer is not required to keep, to the person responsible for paying it. Brokers, lenders and other referral sources may never receive a rebate.

Key Rules

  • Rates set by rule (§ 627.782(1)). The Financial Services Commission adopts the premium rates for title insurance. The insurer must retain at least 30% of the premium for risk (§ 627.782(1)).
  • Statewide (§ 627.782(6)). The same rates apply in every county.
  • Review (§ 627.782(7)–(8)). Rates must be reviewed at least every 3 years. Insurers and agents report data to the Office of Insurance Regulation by May 31 each year.
  • The rule (F.A.C. R. 69O-186.003). Risk-rate premiums for original owner's and loan policies, per $1,000 of liability:
Liability amount Rate per $1,000
Up to $100,000 $5.75
$100,000 to $1 million $5.00
$1 million to $5 million $2.50
$5 million to $10 million $2.25
Over $10 million $2.00

The rule also sets reissue rates and minimum insurer retention by bracket.

  • Charge only the adopted rate (§ 627.780). No one may knowingly charge a premium other than the adopted rate, except as § 626.9541(1)(h)3.b. permits.
  • Rebating (§ 626.9541(1)(h)3.).
    • a. Rebates and inducements for title insurance are prohibited.
    • b. An agent may rebate the attorney fee, the portion of the premium the insurer is not required to retain under § 627.782(1), or other agent charges, to the person responsible for paying the premium, charge or fee.
    • c. Never for referrals.
  • Other title statutes. § 627.7845 (determination of insurability; evidence kept 7 years); § 627.7831 (commitment charge on non-residential deals); § 627.7841 (gap coverage when the insurer or agent disburses); § 627.792 (insurer liable for its agent's defalcation of escrow funds).

Practice Points

  1. Reissue credit. Apply the reissue rate only where the rule's conditions are met.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Florida taxes both sides of a closing. The deed pays documentary stamp tax of 70 cents per $100 of price ($7 per $1,000), and the seller usually pays it. The loan pays two taxes: documentary stamps on the note of 35 cents per $100, and the nonrecurring intangible tax of 2 mills (0.2%) on the mortgage. The borrower pays both. Miami-Dade County has its own deed rate. Unpaid doc stamps can make an instrument unenforceable in Florida courts.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Rate. $0.70 per $100 or fraction of the consideration (§ 201.02(1)(a)).
  • Consideration includes mortgages. Unlike Georgia or Alabama, the base includes the amount of any mortgage or other encumbrance, whether or not it is assumed.
  • Miami-Dade. The deed rate is $0.60 per $100, plus a discretionary surtax of $0.45 per $100 on conveyances that are not a single-family residence (§ 201.031; § 125.0167).
  • Who pays. By custom the seller pays in most counties, and the standard Florida Realtors/Bar contract assigns deed stamps to the seller.
  • Entity transfers. If real property is conveyed to a "conduit entity" and the grantor's interest in that entity is then transferred for consideration within 3 years, each transfer is taxed at $0.70 per $100 (§ 201.02(1)(b)). Florida has no general controlling-interest tax beyond this rule.
  • No mansion tax.

(b) Mortgage, indebtedness or intangible tax

  • Doc stamps on the note. $0.35 per $100 or fraction on notes and written obligations to pay money (§ 201.08(1)(a)); mortgages securing them are taxed under § 201.08(1)(b). The $2,450 cap applies only to notes not secured by a mortgage.
  • Nonrecurring intangible tax. 2 mills ($2 per $1,000) on obligations secured by a mortgage on Florida real property, paid when the mortgage is recorded (§§ 199.133, 199.135).
  • Future advances. Doc stamps are due on the initial debt at recording and on each later advance as it is made; the mortgage is not enforceable as to an advance until its tax is paid (§ 201.08(1)(b)). Intangible tax is due on the initial obligation and on each advance (§ 199.143). A line of credit is taxed on the maximum amount of the line, with no further intangible tax on later borrowings (§ 199.143(3)). Interest increases on an ARM are taxed only if they are a computable sum certain.
  • Renewals (§ 201.09). A renewal by the original obligor with no new money is exempt. A term note renews only the unpaid balance; a revolving note renews up to the original face. Any increase is taxed only on the increase, and the original note (or a copy) with the required notation must be attached.
  • Refinances. For intangible tax, a refinance with the original obligee or its assignee is not taxed on principal already taxed, if the original obligor stays liable (§ 199.145(4)). A refinance with a new lender pays both taxes in full.
  • Multistate collateral. Intangible tax is apportioned to the Florida collateral.

(c) Other recording taxes and fees

  • Recording fees. $5 for the first page and $4 for each additional page (§ 28.24(13)), plus the Public Records Modernization charge of $1 and $0.50 (§ 28.24(13)(d)) and other add-ons. The usual total is $10 for the first page and $8.50 for each additional page.
  • Two witnesses with names and post-office addresses on deeds (§§ 689.01, 695.26), as covered in section 2.

Practice Points

  1. Worked example. $400,000 purchase with a $320,000 loan (not Miami-Dade): deed stamps $2,800; note stamps $1,120; intangible tax $640.
  2. New-lender refinance: collect both taxes in full. Same-lender renewal: follow § 201.09 and attach the original note notation.
  3. HELOCs: intangible tax on the maximum line at recording; doc stamps on each draw as made.
  4. Entity deals: ask whether the property went into the entity within the last 3 years before an interest sale.

Citations

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