How to collect unpaid invoices in Florida: two-party consent, lien rules, and small claims

Florida's Security of Communications Act (Fla. Stat. §934.03) prohibits intercepting or recording a wire, oral, or electronic communication without the consent of all parties to the communication. Unlike the federal Wiretap Act (which requires only one party's consent), Florida requires everyone on the call to agree. Violating this statute is a third-degree felony. Any collection call recording to a Florida customer requires explicit consent -- either through a verbal disclosure at the start of the call that the customer does not object to, or a prior written agreement. AI-assisted collection calls to Florida customers must handle this at the call opening.

Florida's mechanic's lien law (Fla. Stat. Ch. 713) is notice-intensive. Subcontractors and second-tier suppliers must serve a Notice to Owner within 45 days of first furnishing labor or materials (Fla. Stat. §713.06). This notice goes to the property owner and prime contractor. Work performed more than 45 days before the notice is served is excluded from lien rights. Many Florida lien disputes arise because a subcontractor served the notice on day 46 or 50 and lost protection for the first two weeks of work. File the day you start.

The lien itself must be recorded in the official records of the county where the property is located within 90 days after the final furnishing of labor or materials (Fla. Stat. §713.08). A notice of contest of lien filed by the owner can shorten the enforcement window. After recording, the claimant must bring a suit to enforce the lien within 1 year of recording, unless the owner files a notice of contest, in which case the window shortens to 60 days. Failure to timely enforce results in the lien being extinguished by operation of law.

Florida small claims court (Fla. Sm. Cl. R.) handles disputes up to $8,000, not including attorney's fees and costs. Mediation is often required before a small claims hearing. Filing fees are $100 to $300. For residential service invoices between $500 and $8,000, small claims is appropriate. For invoices above $8,000, the County Court handles civil claims -- attorney representation is common but not required for individuals. Recovery of attorney's fees is available on contract claims in Florida if the contract includes an attorney's fees provision.

The Florida statute of limitations on written contract actions is 5 years (Fla. Stat. §95.11(2)(b)). Oral contracts have a 4-year limit. The clock runs from the date the cause of action accrues -- when payment was due and not made. For service businesses, this means a 2021 invoice can still be filed through 2026, but the practical difficulty of proving a 3-year-old invoice in court means earlier filing is better in all cases.