Florida Notice to Owner: The 2026 Guide for Subcontractors (45-Day Deadline)

> Last updated: July 2026. This guide covers Florida's Notice to Owner requirement under Chapter 713, Part I of the Florida Statutes. All deadlines follow current Florida construction lien law. Always verify with a licensed Florida construction attorney for your specific project.

TL;DR

• Florida requires a Notice to Owner (NTO) served within 45 days of first furnishing labor, materials, or services to preserve mechanics lien rights.
• The NTO must be served on the property owner (not just the GC) by one of three methods: personal delivery, certified mail with return receipt, or common carrier with delivery confirmation.
• No exemption for late service: If you serve the NTO after 45 days, it protects only work performed from the 46th day forward.
• Lienors with direct contracts with the owner are exempt from serving an NTO.
• Daily logs with timestamps are the primary evidence of first furnishing date, which determines the entire notice timeline.
• A Claim of Lien must be recorded within 90 days of final furnishing (or 90 days of project completion for owners).

Table of Contents

1. What is a Florida Notice to Owner?
2. Who must serve a Florida Notice to Owner?
3. Who is exempt from serving a Florida NTO?
4. What is the 45-day deadline for serving a Florida NTO?
5. What happens if I miss the 45-day NTO deadline?
6. How must the Florida Notice to Owner be served?
7. How do daily logs prove first furnishing date in Florida?
8. What information must a Florida NTO contain?
9. When do I have to file a Florida Claim of Lien?
10. How does Florida lien law differ from other states?

What is a Florida Notice to Owner?

Short answer: A Florida Notice to Owner (NTO) is a written notice served on the property owner within 45 days of first providing labor, materials, or services, which preserves the right to file a mechanics lien under Chapter 713, Florida Statutes.

The NTO creates a direct link between the subcontractor and the property owner. Without it, the owner can pay the GC in full and have no further liability to subcontractors.

For the official statute text, see Florida Statutes Chapter 713, Part I on the Florida Legislature website.

Who must serve a Florida Notice to Owner?

Short answer: Every subcontractor, sub-subcontractor, and material supplier who does not have a direct contract with the property owner must serve a Notice to Owner to preserve lien rights.

Who is exempt from serving a Florida NTO?

Short answer: Lienors with direct contracts with the owner, laborers whose contract is $500 or less, and certain design professionals are exempt from serving a Notice to Owner.

Exemptions under Florida Statutes Section 713.02:

1. Original contractors — those with a direct contract with the property owner
2. Laborers earning wages (not independent contractors)
3. Material suppliers on projects under $500
4. Design professionals with direct owner contracts
5. Subcontractors on public projects (covered by bond rather than lien)

What is the 45-day deadline for serving a Florida NTO?

Short answer: The NTO must be served within 45 days of first furnishing labor, materials, or services. The first furnishing date is when the FLSA 45-day clock starts.

Critical distinction from California: While California gives you 20 days, Florida gives you 45 days. This gives Florida subs more time but the stakes are the same — miss it and you lose retroactive coverage.

What happens if I miss the 45-day NTO deadline?

Short answer: If you miss the 45-day deadline, your NTO is late — it protects only work performed or materials delivered after the late NTO is served. Work before service is not covered by lien rights.

Florida Statutes Section 713.06(3)(c) explicitly limits late NTOs to "the value of the lienor's work and materials furnished within 45 days prior to, and at any time after, the service of the notice."

How must the Florida Notice to Owner be served?

Short answer: Florida law requires NTO service by personal delivery, certified mail with return receipt, or common carrier (FedEx/UPS) with delivery confirmation. Email is not sufficient.

Acceptable service methods under Florida Statutes Section 713.07:

1. Personal delivery: Deliver to the owner or owner's representative and obtain a signed acknowledgment
2. Certified mail: Return receipt requested (green card). Keep the signed card as proof
3. Common carrier: FedEx, UPS, or other carrier with delivery confirmation and tracking

Pro tip: Use certified mail to all owners. If the project has multiple owners, serve each one. Service on one joint owner may not be sufficient for all.

How do daily logs prove first furnishing date in Florida?

Short answer: Daily construction logs with timestamps provide the necessary contemporaneous records to establish first furnishing date in Florida lien proceedings.

First furnishing date determines when the 45-day NTO clock starts and the 90-day lien filing deadline. In Florida construction lien disputes, this date is frequently contested.

VoiceLogPro creates timestamped daily records with GPS metadata, weather data, and crew assignments — the type of contemporaneous documentation Florida courts require under Florida Evidence Code Section 90.803 (business records exception).

What information must a Florida NTO contain?

Short answer: The NTO must state the lienor's name and address, the nature of services provided, the property owner's name, and the property description. It must also include statutory warning language.

Statutory requirements under Florida Statutes Section 713.06(2):

1. Claimant identification: Full name, address, and description of labor/services provided
2. Owner identification: Name and address of the property owner
3. Property description: Legal description or street address sufficient to identify the project
4. Contract description: Nature of the agreement with the hiring party
5. Statutory warning: "UNDER FLORIDA'S CONSTRUCTION LIEN LAW, THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID HAVE A RIGHT TO ENFORCE THEIR CLAIM..."
6. Signatures: The lienor must sign the notice

When do I have to file a Florida Claim of Lien?

Short answer: A Florida Claim of Lien must be recorded in the county clerk's office within 90 days of the last furnishing of labor or materials, or within 90 days of project completion, whichever is earlier.

Important: The lien must be recorded with the clerk of court in the county where the property is located. A copy must also be served on the owner within 15 days of recording.

How does Florida lien law differ from other states?

Short answer: Florida's 45-day NTO window is more generous than California (20 days) and Texas (30 days for fund trapping), but Florida's 90-day lien filing deadline is among the shortest in the nation.

Frequently Asked Questions

What happens if I never serve a Florida NTO?

Short answer: You permanently lose the right to file a mechanics lien against the property. The only remaining remedy is a breach of contract claim against the party who hired you.

Does a Florida NTO need to be notarized?

Short answer: No. Unlike the Claim of Lien (which must be notarized), the Notice to Owner does not require notarization in Florida.

Can I email the NTO to the property owner?

Short answer: No. Florida law requires service by personal delivery, certified mail, or common carrier with delivery confirmation. Email does not count as valid service for an NTO.

What if there are multiple property owners?

Short answer: Serve each owner separately. Service on or knowledge by one owner is not imputed to other joint owners under Florida law.

Does the 45-day window apply to every delivery of materials?

Short answer: No. The 45-day window counts from your first furnishing date. Subsequent deliveries do not restart the clock. A single timely NTO covers the entire project.

How do I withdraw a Florida mechanics lien?

Short answer: Record a satisfaction or release of lien with the county clerk. The release must be signed and notarized. After receiving payment, the lienor must release the lien within 20 days or face penalties under Florida Statutes Section 713.29.