Which type of lien may have a priority earlier than the date of recording?

The correct answer is the construction lien. A construction lien, also known as a mechanics lien, has the unique characteristic of potentially taking priority over other liens even if it is recorded later. This is because the lien is based on the labor or materials provided for improvements on a property, and Florida law allows these claims to retain priority from the date work commenced or materials were supplied, not necessarily the date of recording the lien.

In practical terms, this means that if a contractor begins work on a property and subsequently files a construction lien after other interests have been recorded, the construction lien may still have priority over those previous liens, depending on when the work started. This provision protects those who contribute to property improvements by ensuring they can seek payment even if their lien is recorded later than other types of liens.

Vendor's liens, mortgage liens, and real estate tax liens do not share this special priority. A vendor’s lien typically relates to unpaid purchase money and does not automatically have earlier priority; similarly, mortgage liens follow the order of recording unless otherwise specified, and real estate tax liens usually take precedence, but their priority timing is based on tax assessments rather than the commencement of work or services.