To enforce a construction lien, a notice to owner must be timely served by subcontractors, sub-subcontractors and materialmen. Subject to exceptions that will be discussed in subsequent posts, a notice to owner is considered timely if it is received by the owner before commencing or is received by the owner within forty-five (45) days after commencing the first furnishing of labor, services, or materials to the site of the improvement and prior to the contractor presenting the owner with a contractor’s final payment affidavit and the owner disbursing the final payment. Florida courts have held that the forty-five (45) day time period runs until the notice to owner is actually received and includes Saturdays, Sundays, and legal holidays. However, if the forty-fifth (45th) day is a Saturday, Sunday, or holiday (see list of Florida’s legal holidays below), the first day after that is the last day upon which the notice to owner must be received.
Florida law provides that the following days are considered legal holidays:
(a) Sunday, the first day of each week.
(b) New Year’s Day, January 1.
(c) Birthday of Martin Luther King, Jr., January 15.
(d) Birthday of Robert E. Lee, January 19.
(e) Lincoln’s Birthday, February 12.
(f) Susan B. Anthony’s Birthday, February 15.
(g) Washington’s Birthday, the third Monday in February.
(h) Good Friday.
(i) Pascua Florida Day, April 2.
(j) Confederate Memorial Day, April 26.
(k) Memorial Day, the last Monday in May.
(l) Birthday of Jefferson Davis, June 3.
(m) Flag Day, June 14.
(n) Independence Day, July 4.
(o) Labor Day, the first Monday in September.
(p) Columbus Day and Farmers’ Day, the second Monday in October.
(q) Veterans’ Day, November 11.
(r) General Election Day.
(s) Thanksgiving Day, the fourth Thursday in November.
(t) Christmas Day, December 25.
(u) Shrove Tuesday, sometimes also known as “Mardi Gras,” in counties where carnival associations are organized for the purpose of celebrating the same.
This information presents the general scheme of Florida’s Construction Lien Law as of July 2021. The Construction Lien Law is constantly being amended; therefore, this material should not be relied upon in place of experienced legal advice in specific situations. This material is copyrighted and cannot be reproduced without written permission from Barry Kalmanson, Esq.
