Quick Facts
Notice Type
Notice to Owner (NTO)
Statute
Fla. Stat. § 713.06(2)(c)
Deadline
45 days from first furnishing of labor, services, or materials
State
Florida (FL)
Statutory Warning Text
WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO REMOVE YOUR PROPERTY FROM YOUR LAND OR FORECLOSE YOUR PROPERTY IF CERTAIN CONDITIONS ARE NOT SATISFIED. IF YOU FAIL TO NOTIFY US, YOU MAY BE REQUIRED TO PAY TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. TO AVOID SUCH CONSEQUENCES, YOU MUST STRICTLY COMPLY WITH THE TERMS OF FLORIDA'S CONSTRUCTION LIEN LAW.
Florida statute requires this warning text to be rendered in ALL CAPITAL LETTERS.
Who Must File
Any contractor, subcontractor, sub-subcontractor, laborer, or material supplier who is NOT in direct privity (no direct contract) with the property owner.
Who Is Exempt
Direct contractors (those with a direct contract with the owner) and laborers who are employed by a direct contractor.
Deadline Details
Deadline: 45 days from first furnishing of labor, services, or materials
Service Requirements
Written notice must be served in accordance with Fla. Stat. § 713.18, which permits service by certified mail, registered mail, or hand delivery. The notice must be served on the owner, the contractor, and the lender (if any).
Common Compliance Issues in Florida
Disclaimer: The following are frequently cited issues based on statutory requirements. This is NOT legal advice. Consult a Florida-licensed construction attorney for guidance on your specific situation.
1Missing the Strict 45-Day Service Deadline
Florida law requires the notice to be served (not just mailed) within 45 calendar days of first furnishing labor or materials. Missing this deadline generally results in the complete loss of lien rights.
Prevention: Track your first day on-site and utilize software to automatically calculate and generate mailings well before day 45.
Ref: Fla. Stat. § 713.06(2)(c)
2Incorrect Warning Text Formatting
The statutory warning must appear in ALL CAPITAL LETTERS. Failure to format the text exactly as prescribed by statute can invalidate the notice.
Prevention: Use attorney-reviewed templates that programmatically enforce statutory formatting rules.
Ref: Fla. Stat. § 713.06(2)(c)
Frequently Asked Questions
When exactly must I file a Florida Notice to Owner?
Florida Statute § 713.06 requires serving the notice within 45 calendar days of the date you first furnish labor or materials to the project. The deadline is strictly enforced. Consult a Florida construction attorney for guidance on exceptions.
This is general information based on Florida statutes, not legal advice.
Fla. Stat. § 713.06(2)(c)Who is legally required to file a Notice to Owner in Florida?
Florida law requires anyone who is not in direct contract with the property owner (privity) to serve a Notice to Owner. This typically includes subcontractors and material suppliers. Direct contractors are generally exempt.
This is general information based on Florida statutes, not legal advice.
Fla. Stat. § 713.06Does the Florida Notice to Owner need to be notarized?
No, the statute does not require the Notice to Owner to be notarized. However, it must be served via a legally permitted method, such as USPS Certified Mail, to prove delivery.
This is general information based on Florida statutes, not legal advice.
Fla. Stat. § 713.18