Florida Notice to Owner & Construction Lien — 45-Day Service Guide (Fla. Stat. §§ 713.06 / 713.08 / 713.22, 2026)
✓ Verified against Florida statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
Florida mechanics lien deadlines at a glance
Preliminary Notice
45 days — Notice to Owner (NTO)
Mechanics Lien
90 days — From last date of furnishing
Enforcement
1 year — From filing
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What Is the Florida Notice to Owner and How Does the Lien Framework Work?
The Notice to Owner is the entry point into the Florida Construction Lien Law at Fla. Stat. Chapter 713, Part I. Its function is informational and its consequence is absolute. Because a Florida owner may have no contractual relationship with — and no knowledge of — the subcontractors and suppliers working on its property, § 713.06(2) requires each of those lienors to identify itself to the owner early, so the owner can protect itself by withholding funds from the general contractor before paying out. The statute's underlying bargain is the double-payment problem: an owner who pays its contractor in full, and whose contractor then fails to pay the subs, can be forced to pay twice. Florida pairs this claimant-side notice with an owner-side document: the Notice of Commencement under § 713.13, recorded by the owner in the official records of the county where the property is located before work begins and posted at the jobsite under § 713.135. It names the owner, the contractor, the surety, the construction lender, and any agent designated to receive notices — which is where a sub-tier claimant finds the parties and addresses on which to serve its Notice to Owner. The Florida sequence runs in four gates: the § 713.06(2) Notice to Owner within 45 days of first furnishing, the § 713.08 Claim of Lien recorded within 90 days of final furnishing, service of the recorded lien on the owner within 15 days, and an enforcement action within the § 713.22 one-year window.
Who Must Serve the Notice to Owner and Who Holds Florida Lien Rights?
Every lienor not in privity with the owner must serve the Notice to Owner — subcontractors at every tier, sub-subcontractors, material suppliers, and equipment lessors whose contract runs to the general contractor or to another subcontractor. Laborers are statutorily excepted. The contractor, being in privity with the owner, is exempt from the notice requirement but carries a distinct obligation: under § 713.06(3)(d) the contractor must furnish the owner a final payment affidavit at least five days before filing suit to enforce its lien. That affidavit is a condition precedent, and a contractor who skips it loses on the pleadings regardless of the merits. Claimants below the first tier must serve two parties, not one — under § 713.06(2)(b) a sub-subcontractor or a supplier to a subcontractor must serve the Notice to Owner on the contractor in addition to the owner. Serving only the owner is a defect specific to lower-tier claimants, and because those claimants are furthest from the owner's records, it is also the tier where defects concentrate.
When the Notice to Owner and Claim of Lien Must Be Filed
The § 713.06(2) Notice to Owner runs from the claimant's own first furnishing of labor, services, or materials — not from the recording of the Notice of Commencement, not from contract signing, not from notice to proceed, and not from the first invoice. For specially fabricated materials the trigger shifts to commencement of fabrication, which means a fabricator can run out the 45 days while the materials are still in its own shop. Section 713.06(2)(a) imposes a second, independent limit: the notice must be served before the owner makes final payment to the contractor. On a tenant improvement or small build-out the owner may pay out on day 30, so a claimant serving on day 40 is inside the statutory window and still too late. Florida's treatment of a missed notice is the harshest of the large construction states — the forfeiture is total, with no California § 8204 rolling look-back and no Texas month-by-month partial preservation. The § 713.08 Claim of Lien runs on a separate clock measured from final furnishing: 90 days, recorded rather than served, with the recorded lien then served on the owner within 15 days. Warranty and punch-list work generally does not extend the 90 days.
Required Information on the Florida Notice to Owner
Fla. Stat. § 713.06(2)(c) prescribes the form and substance of the Notice to Owner, including the statutory warning that advises the owner of its potential double-payment exposure and directs it to protect itself before paying the contractor. The notice must state the lienor's name and address, a description of the real property sufficient to identify it, a general description of the labor, services, or materials furnished or to be furnished, and the name of the person with whom the lienor contracted. Florida courts read the content requirements together with the service requirements, and a notice that omits the warning language or misidentifies the property or the contracting party invites a challenge. Verify the owner-of-record name and address against the recorded Notice of Commencement and the county property appraiser — Miami-Dade, Broward, Palm Beach, Hillsborough, Orange, Duval, Pinellas, Lee, Polk, and Brevard.
How to Serve the Notice and Where to Record the Claim of Lien
The Notice to Owner is served, not recorded. Fla. Stat. § 713.18 permits actual delivery to the person to be served, delivery by common carrier delivery service, or service by registered, global express guaranteed, or certified mail with postage prepaid — and, where those methods cannot be accomplished, posting on the site. Mail service is effective on the date of mailing rather than the date of receipt, so a notice mailed on day 45 is timely even if it arrives on day 48 — but only if the mailing date can be proven. Serve every party the statute and the recorded Notice of Commencement identify: the owner, the contractor if the claimant is below the first tier, and any designated agent named under § 713.13(1)(a)7. The Claim of Lien is recorded with the clerk of the circuit court in the county where the property is located. Florida has 67 counties and no statewide registry. The highest-volume clerk offices are Miami-Dade, Broward, Palm Beach, Hillsborough, Orange, Duval, Pinellas, Lee, Polk, Brevard, Volusia, Pasco, Seminole, Sarasota, Manatee, Collier, Osceola, Marion, Lake, and St. Johns. Recording fees generally run about $10 for the first page and roughly $8.50 for each additional page.
Bond Claims, Notices of Contest, and Releasing the Lien
On a private Florida project where the contractor has furnished a payment bond under § 713.23, the claimant pursues the bond rather than the real property, but the notice discipline is substantially parallel: § 713.23(1)(c) requires a claimant not in privity with the contractor to serve notice on the contractor within 45 days of beginning to furnish, followed by a notice of nonpayment served on the contractor and the surety within 90 days after final furnishing, and suit within one year. Florida public work runs under § 255.05, the Florida Little Miller Act; federal projects fall under the Miller Act at 40 U.S.C. §§ 3131–3134. Florida owners hold two accelerators that make the enforcement window less secure than the one-year figure suggests. Under § 713.22(2) an owner may record a Notice of Contest of Lien, compressing the lienor's deadline to 60 days after service. Under § 713.21(4) an owner may file a complaint with a 20-day summons requiring the lienor to show cause why the lien should not be enforced or vacated, with discharge as the penalty for silence. Owners may also transfer the lien to a bond or cash deposit under § 713.24, clearing title while preserving the lienor's claim against the substituted security.
Frequently Asked Questions
Who must serve a Florida Notice to Owner and what is the deadline?
Every lienor not in privity with the owner — subcontractors, sub-subcontractors, material suppliers, and equipment lessors, but not laborers — must serve a Notice to Owner before commencing, or not later than 45 days after commencing, to furnish labor, services, or materials. Claimants below the first tier must serve the contractor as well as the owner. The notice must also be served before the owner makes final payment to the contractor. The 45-day clock runs from the claimant's own first furnishing, or from commencement of fabrication for specially fabricated materials.
What is the difference between a Notice to Owner and a Notice of Commencement?
They are opposite documents filed by opposite parties. The § 713.13 Notice of Commencement is recorded by the OWNER in the county official records before work begins and posted at the jobsite under § 713.135; it names the owner, contractor, surety, lender, and any designated agent. The § 713.06(2) Notice to Owner is served by the CLAIMANT within 45 days of first furnishing. They are linked: the recorded Notice of Commencement is where a sub-tier claimant finds the correct parties and addresses to serve its Notice to Owner on.
What happens if the Notice to Owner is served late?
Florida treats the 45-day deadline as a condition precedent and applies it strictly — a lienor not in privity who serves late forfeits its Florida lien rights entirely. There is no partial preservation and no rolling cure, unlike California's § 8204 look-back or Texas's month-by-month § 53.056 structure where a missed month costs only that month. What survives is an ordinary breach-of-contract claim against the party the claimant contracted with, plus a § 713.23 payment bond claim if the project is bonded.
How must the Notice to Owner be served?
Fla. Stat. § 713.18 permits actual delivery to the person to be served, delivery by common carrier delivery service, or service by registered, global express guaranteed, or certified mail with postage prepaid — and posting on the site where those methods cannot be accomplished. Mail service is effective on the date of mailing rather than the date of receipt, so a notice mailed on day 45 is timely even if it arrives on day 48 — but only if the mailing date can be proven. Preserve the certified mail receipt or an affidavit of service.
When must the Florida Claim of Lien be recorded?
Under § 713.08, within 90 days after the lienor's final furnishing of labor, services, or materials, recorded in the official records of the clerk of the circuit court in the county where the property is located. Warranty and punch-list work generally does not extend the 90 days — corrective work to remedy a defect does not restart the clock. The lienor must then serve a copy of the recorded Claim of Lien on the owner within 15 days after recording.
How long does a Florida lienor have to enforce a recorded lien?
Under § 713.22(1) a recorded Claim of Lien expires one year after recording unless an enforcement action has been commenced — but the owner controls two accelerators. A § 713.22(2) Notice of Contest of Lien compresses the deadline to 60 days after service, and a § 713.21(4) complaint with a 20-day summons requires the lienor to show cause or have the lien discharged. Florida lienors must monitor the county official records for a recorded Notice of Contest rather than calendaring twelve months and stopping.
Does the Notice to Owner apply to bonded projects and public work?
The analysis changes but the notice discipline largely does not. On a private project with a § 713.23 payment bond the claimant pursues the bond, and § 713.23(1)(c) still requires notice to the contractor within 45 days of beginning to furnish, a notice of nonpayment to the contractor and surety within 90 days of final furnishing, and suit within one year. Florida public work runs under § 255.05, the Little Miller Act; federal projects fall under 40 U.S.C. §§ 3131–3134.