A Florida Notice to Owner (NTO) is a written warning that a subcontractor, sub-subcontractor, or material supplier sends to a property owner within 45 days of first furnishing labor or materials, and it is the legal trigger that preserves the sender’s right to record a construction lien under Florida Statute § 713.06. If you do not serve this notice on time, you lose your lien rights forever, even if the work is perfect and the bill is unpaid.
Florida courts processed more than 90,000 construction lien filings in a recent year, and industry data from the Levelset 2023 Construction Payment Report shows that roughly 1 in 4 contractors who skip preliminary notices end up writing off the debt. This article walks you through the form line by line so your notice survives a court challenge.
Here is what you will learn:
- 📋 What every box on the statutory short-form NTO means in plain English
- ⏰ How to count the 45-day deadline correctly (and the “final furnishing” trap)
- 🏠 How to find the right owner, lender, and legal description before you draft
- ✉️ How to serve the notice using certified mail, hand delivery, posting, or common carrier
- ⚖️ How to avoid the 10 most common mistakes that void NTOs in Florida courts
What the Florida Notice to Owner Is and Who Must File It
The Florida Notice to Owner is a preliminary notice required by Fla. Stat. § 713.06(2)(a) for any lienor who does not have a direct contract with the property owner. It is not filed with a court or a clerk. Instead, it is served on the owner (and sometimes the contractor and lender) so they know an unpaid party is working on the property and could record a lien.
The form exists because Florida’s lien law tries to protect owners from “hidden lienors.” An owner who pays the general contractor in full has a strong defense if no NTO ever arrived. The notice keeps the owner informed and gives them the chance to demand lien releases before releasing payment.
You must serve a Notice to Owner if you are a subcontractor, sub-subcontractor, materialman to a subcontractor, or materialman to the contractor on a private Florida construction project. General contractors with a direct contract with the owner are exempt under § 713.06(2)(a). Laborers (W-2 employees performing manual labor) are also exempt, but independent labor-only subcontractors are not.
Projects exempt from the NTO requirement include federal jobs (covered by the Miller Act), most public works (covered by Florida’s Little Miller Act payment bonds under Fla. Stat. § 255.05), and owner-occupied single-family home repairs under \$2,500. Every other private job needs an NTO from every non-direct lienor.
The form’s revision date does not matter the way it does for an IRS form. Florida law sets the content in § 713.06(2)(c), and any form that mirrors that statutory language is valid. Most filers use templates from Levelset, the Florida Bar Construction Law Section, or county-level NTO services, but you can also draft your own in Word as long as the words match the statute.
Before You Start: Documents and Information You Need
Florida NTOs fail more often from missing information than from misspelled words. Before you draft the form, gather every document below. A 30-minute records hunt now will prevent a 4-year lawsuit later.
- Notice of Commencement (NOC). Pull the recorded NOC from the county clerk’s official records (e.g., Miami-Dade Clerk, Broward Clerk, Hillsborough Clerk). The NOC tells you the legal owner, the contractor, the lender, the surety, and the legal description. If no NOC is recorded, request one from the contractor in writing under § 713.06(2)(b).
- Building permit. Search the local building department’s permit portal. The permit confirms the job address, the parcel ID, and the permitted scope. If the NOC is missing, the permit is your fallback.
- Property appraiser record. Use the county property appraiser’s site (e.g., Palm Beach, Orange) to confirm ownership when no NOC exists. Owners on the deed control, even if the contract says otherwise.
- Sunbiz entity record. Verify the legal name of any LLC or corporation owner through Sunbiz. “ABC Holdings” is wrong if the legal name is “ABC Holdings of Florida, LLC.”
- Your contract or purchase order. This proves your status as a subcontractor or supplier and shows your scope.
- Date of first furnishing. Pin down the exact calendar date you first delivered materials or performed on-site labor. This is the start of the 45-day clock.
- Lender information. The lender’s name and address are required if any construction loan exists. They appear in the NOC.
- Legal description. Copy the legal description verbatim from the NOC or the deed. Do not paraphrase.
If any of these are missing, your notice may still go out, but the risk of a defective notice rises sharply. Maria Lopez, a drywall sub, once served an NTO using only the street address; the court in her later lien case ruled the notice insufficient because no legal description was attached, and she lost her \$48,000 lien.
Where to Get the Form and How to Access It
Florida does not publish an “official” Notice to Owner PDF. The statute itself, at Fla. Stat. § 713.06(2)(c), prints the required wording, and any form that uses that wording (in substantially the same form) is legally sufficient.
You can access compliant templates several ways. The most popular include the Levelset Florida NTO template, the NACM National Construction Forms, and county-specific NTO service companies like NTO, Inc. or Florida Lien Law Online. Each of these mirrors the statutory language and prefills your information.
Title companies and construction attorneys also keep blank templates. The Florida Bar Construction Law Section periodically publishes a model form for member use. If you are a one-time filer, paying a service \$25 to \$75 to draft, print, and serve the notice is usually cheaper than DIY mistakes.
You can also draft the form in Word from scratch by copy-pasting the statutory language. As long as you keep the bold WARNING paragraph, the owner identification fields, the lienor identification fields, the description of services or materials, the property description, and the contractor identification, the form is valid.
Step-by-Step: How to Fill Out Florida Notice to Owner Line by Line
The statutory short form has roughly a dozen distinct fields. Each one is non-negotiable. Skipping or fudging any of them gives the owner a defense in your future lien case.
Field 1: Date of the Notice
What it asks in plain English. The calendar date you sign and serve the notice.
How to answer it. Write the date in MM/DD/YYYY format at the top right of the form. This is not the date of first furnishing; it is the date you prepare and mail the notice.
Specific example. Marcus Bell, an HVAC subcontractor, signs and mails his notice on May 12, 2026, so he writes 05/12/2026.
Nuance. If you draft on Friday and mail on Monday, use the Monday mailing date. The mailing/serving date controls timeliness for service under § 713.18, not the drafting date.
Common mistake and consequence. Backdating the notice to fit inside the 45-day window is fraud and can void the notice and expose you to sanctions. Florida courts cross-check this against the certified mail receipt.
Misconception. Some filers believe the date does not matter because “service date is what counts.” It still matters because a wildly inconsistent notice date casts doubt on the entire document.
Field 2: To: Owner’s Name and Address
What it asks in plain English. The legal name and mailing address of every owner of record.
How to answer it. Copy the owner’s name exactly as it appears on the recorded Notice of Commencement. If the NOC says Smith Family Trust dated 4/4/2014, write that. Use the address listed on the NOC, not the property address.
Specific example. Aisha Patel, a tile supplier, sees the NOC listing Coral Gables Holdings, LLC and writes that exact name with the LLC’s mailing address in 2200 Ponce de Leon Blvd, Suite 500, Coral Gables, FL 33134.
Nuance. If multiple owners are on title, list every one. Husband-and-wife owners, tenants in common, and trust beneficiaries each must be named and served separately under Fla. Stat. § 713.18.
Common mistake and consequence. Serving only “John Smith” when the deed says “John Smith and Mary Smith, husband and wife” can void the notice as to Mary. The lien may be reduced or stripped against her interest.
Misconception. Many lienors think the name on the contractor’s invoice is enough. It is not. The recorded title controls, and contractors often misspell or shorten owner names.
Field 3: Lienor’s Name and Address
What it asks in plain English. Your business name and mailing address.
How to answer it. Use the exact legal name registered with Sunbiz. Add the d/b/a if you operate under a fictitious name. Provide a working mailing address where you can receive certified mail.
Specific example. Janet Rivera, owner of Rivera Roofing Supply, Inc., d/b/a Rivera Roof Pros, writes the full legal entity plus the d/b/a and her warehouse address.
Nuance. If your fictitious name is not registered, courts may strike your lien rights. Florida requires fictitious-name registration under Fla. Stat. § 865.09.
Common mistake and consequence. Listing only “Rivera Roofing” when the legal name is “Rivera Roofing Supply, Inc.” can cause an owner to challenge the lien for improper party identification.
Misconception. Filers often think the name on their truck or business card is enough. The Sunbiz-registered name is what matters in court.
Field 4: Description of Services or Materials Furnished
What it asks in plain English. A short, plain description of what you are providing on the job.
How to answer it. Use a generic but accurate phrase such as labor and materials for HVAC installation or concrete and masonry materials. Do not list dollar amounts.
Specific example. Carlos Mendez, a framing sub, writes labor, materials, and equipment for rough framing and structural carpentry.
Nuance. Do not narrow the description. If you write only drywall hanging and later furnish taping and finishing, an owner may argue your lien for taping is unnoticed.
Common mistake and consequence. Including a price or invoice number turns the NTO into a billing dispute and can be used to attack the notice as defective.
Misconception. Some filers believe more detail equals more protection. The opposite is true: broad scope language preserves more lien rights.
Field 5: Property Description (Legal Description and Address)
What it asks in plain English. The legal description of the parcel, plus the street address.
How to answer it. Copy the legal description verbatim from the NOC or the deed. Include the lot, block, subdivision, plat book, and page reference. Add the street address as a courtesy.
Specific example. Carlos writes Lot 14, Block 6, SUNNY ACRES, according to the plat thereof recorded in Plat Book 92, Page 43, Public Records of Orange County, Florida, followed by 123 Sunny Lane, Orlando, FL 32801.
Nuance. A street address alone is not enough under Fla. Stat. § 713.06(2)(c). Florida appellate courts have struck NTOs that omit the legal description.
Common mistake and consequence. Substituting the parcel ID for the legal description is risky; while parcel IDs help, courts want the full legal description on the face of the notice.
Misconception. Filers often assume “everyone knows the address” is enough. It is not. The notice must identify the property the way a deed identifies it.
Field 6: Name of Person With Whom Lienor Contracted
What it asks in plain English. The party that hired you (almost always the general contractor or a higher-tier subcontractor).
How to answer it. List the legal name of the entity that signed your subcontract or purchase order.
Specific example. Aisha contracted with Apex Builders of Florida, LLC, the GC, and writes that legal name.
Nuance. If you are a sub-sub or supplier-to-a-sub, name the sub who hired you, not the GC. Sub-subs must also serve a separate notice on the contractor under § 713.06(2)(a).
Common mistake and consequence. Naming the GC when you actually contracted with a sub will invalidate the notice as to the GC and confuse your priority.
Misconception. Filers often think “contractor” always means the GC. In Florida lien law, “contractor” can mean the GC or any higher-tier party who hired you, depending on context.
Field 7: WARNING Statement (Statutory Language)
What it asks in plain English. The bold WARNING paragraph that tells the owner what an NTO means.
How to answer it. You do not fill anything in. You must keep this block on the form, in the same wording as § 713.06(2)(c), in bold. It begins with WARNING! FLORIDA’S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS…
Specific example. Janet uses the statutory template and copies the WARNING paragraph verbatim with no edits.
Nuance. Bolding matters. Courts have held that an unbolded WARNING is still substantially compliant if conspicuous, but bolding eliminates the argument.
Common mistake and consequence. Editing or shortening the WARNING block to “save space” can be cited as non-compliance and void the notice.
Misconception. Filers think the WARNING is generic boilerplate. It is actually the heart of the consumer-protection function of the statute.
Field 8: Contractor’s Name and Address
What it asks in plain English. The general contractor’s legal name and address from the NOC.
How to answer it. Copy from the NOC. Include the GC’s license number if known (it is not strictly required, but helpful).
Specific example. Marcus writes Apex Builders of Florida, LLC, 500 Brickell Ave, Suite 1100, Miami, FL 33131, CGC1518234.
Nuance. If the GC’s address on the NOC differs from the address on its DBPR license record, use the NOC address (the owner’s chosen channel of service).
Common mistake and consequence. Using the job-site trailer address for the GC can result in non-delivery and a missed 45-day window.
Misconception. Some filers skip this field, thinking only the owner needs notice. Service on the contractor is required by § 713.06(2)(a) when no direct contract exists with the owner.
Field 9: Lender’s Name and Address
What it asks in plain English. The construction lender on the NOC.
How to answer it. Copy directly from the NOC. If no lender is listed, write None or Not Applicable.
Specific example. Carlos writes Sunshine State Bank, N.A., 100 SE 2nd Street, 35th Floor, Miami, FL 33131 from the recorded NOC.
Nuance. If a lender was added later by amended NOC, you must serve the amended lender. Pull the most recent NOC version from the clerk before serving.
Common mistake and consequence. Failing to serve the lender voids your priority over the lender’s mortgage and can make your lien junior or unenforceable against loan proceeds.
Misconception. Filers think only the owner gets the NTO. The lender must also be served if one exists, under § 713.06(2)(a).
Field 10: Surety’s Name and Address (If Bonded)
What it asks in plain English. If the project is bonded under § 713.23, the surety company on the bond.
How to answer it. Pull the surety from the recorded Notice of Bond or the conditional payment bond, and list its name and claims address.
Specific example. Aisha finds the recorded bond and writes Hartford Fire Insurance Company, Bond Claims Dept, 1 Hartford Plaza, Hartford, CT 06155.
Nuance. On bonded jobs, your remedy is a claim against the bond, not a lien. The NTO doubles as your preliminary notice of nonpayment under Fla. Stat. § 713.23.
Common mistake and consequence. Skipping the surety on a bonded job can defeat your bond claim entirely.
Misconception. Filers think bonds always replace the NTO. They modify the remedy, not the notice requirement.
Field 11: Signature Block
What it asks in plain English. Who signs the notice.
How to answer it. Print the signer’s name, title, and the lienor’s company. Sign in ink. Florida does not require notarization for the NTO itself (it does for the later Claim of Lien).
Specific example. Janet Rivera signs as Janet Rivera, President, Rivera Roofing Supply, Inc.
Nuance. An employee with apparent authority can sign. A receptionist signing without authority opens an attack on the notice’s validity.
Common mistake and consequence. Stamped or photocopied signatures may be challenged. Ink signatures are safest.
Misconception. Filers often think the NTO must be notarized. It does not need to be, under § 713.06(2)(c).
Field 12: Certificate of Service
What it asks in plain English. A short block stating how, when, and to whom you served the notice.
How to answer it. List each recipient, the method of service (certified mail RRR, hand delivery, posting, common carrier with tracking), the date of service, and the tracking number.
Specific example. Marcus writes Served via U.S. certified mail, return receipt requested, on May 12, 2026: Owner – Tracking 7022 1234 5678 9012; Contractor – Tracking 7022 1234 5678 9029; Lender – Tracking 7022 1234 5678 9036.
Nuance. Under Fla. Stat. § 713.18, service is complete on the date of mailing if the address used is correct, even if the recipient refuses delivery.
Common mistake and consequence. Skipping the certificate of service makes it harder to prove timely service later, and the burden of proof is on you as the lienor.
Misconception. Filers think proof of service is only needed if challenged. It must be retained from day one to fend off owner defenses.
Three Filled-Out Examples Using Real Scenarios
These three named filers walk through the form from start to finish.
Scenario 1: Carlos Mendez, Drywall Subcontractor on a Single-Family Home
| Form Section | What Carlos Enters |
|---|---|
| Date of Notice | 05/12/2026 |
| Owner’s Name and Address | John and Mary Smith, 200 Maple Drive, Winter Park, FL 32789 |
| Lienor’s Name and Address | Mendez Drywall, Inc., 1500 Industrial Blvd, Orlando, FL 32805 |
| Description of Services | Labor and materials for interior drywall hanging, taping, and finishing |
| Property Description | Lot 14, Block 6, SUNNY ACRES, Plat Book 92, Page 43, Orange County, FL; 200 Maple Drive, Winter Park, FL 32789 |
| Person Lienor Contracted With | Apex Builders of Florida, LLC |
| Contractor’s Name and Address | Apex Builders of Florida, LLC, 500 Brickell Ave, Miami, FL 33131 |
| Lender | Sunshine State Bank, N.A., 100 SE 2nd Street, Miami, FL 33131 |
| Certificate of Service | Certified mail RRR to all parties on 05/12/2026 |
Scenario 2: Aisha Patel, Roofing Material Supplier on a Commercial Strip Mall
| Form Section | What Aisha Enters |
|---|---|
| Date of Notice | 05/15/2026 |
| Owner’s Name and Address | Coral Gables Holdings, LLC, 2200 Ponce de Leon Blvd, Suite 500, Coral Gables, FL 33134 |
| Lienor’s Name and Address | Patel Roofing Supply, LLC, 7800 NW 36th Street, Doral, FL 33166 |
| Description of Services | Roofing materials, including TPO membrane, fasteners, and insulation |
| Property Description | Tract A, GABLES COMMERCE PARK, Plat Book 178, Page 22, Miami-Dade County, FL; 1500 Galiano Street, Coral Gables, FL 33134 |
| Person Lienor Contracted With | Sunshine Roofing Subs, Inc. |
| Contractor’s Name and Address | Apex Commercial Builders, LLC, 700 NW 1st Ave, Miami, FL 33136 |
| Lender | First Florida Construction Bank, 1 SE 3rd Ave, Miami, FL 33131 |
| Certificate of Service | Hand delivery to owner on 05/15/2026; certified mail RRR to contractor and lender on 05/15/2026 |
Scenario 3: Marcus Bell, HVAC Subcontractor on a Condo Common-Area Job
| Form Section | What Marcus Enters |
|---|---|
| Date of Notice | 05/20/2026 |
| Owner’s Name and Address | Ocean View Condominium Association, Inc., 100 Ocean Blvd, Pompano Beach, FL 33062 |
| Lienor’s Name and Address | Bell HVAC Services, LLC, 4400 N Powerline Rd, Fort Lauderdale, FL 33309 |
| Description of Services | Labor, materials, and equipment for replacement of common-area HVAC chillers |
| Property Description | All common elements of OCEAN VIEW, A CONDOMINIUM, Declaration recorded in Official Records Book 12345, Page 678, Broward County, FL |
| Person Lienor Contracted With | Apex Mechanical Contractors, LLC |
| Contractor’s Name and Address | Apex Mechanical Contractors, LLC, 250 SW 8th Street, Pompano Beach, FL 33060 |
| Lender | Not Applicable |
| Certificate of Service | Certified mail RRR to owner and contractor on 05/20/2026 |
How to File the Completed Form
The Florida Notice to Owner is served, not filed. There is no court case and no clerk recording. Service must reach every required recipient within 45 days of first furnishing.
Certified mail with return receipt requested (most common). Mail through any USPS retail location. Use Form 3811 (green card) and Form 3800 (white certified slip). Service is complete on the date of mailing under § 713.18, not the date of receipt. Keep the green card and the certified mail receipt forever. Cost is roughly \$8–\$10 per recipient.
Hand delivery. Personal delivery is permitted to the owner, contractor, or lender. Get a dated, signed acknowledgment of receipt. No fee, but the proof must be airtight.
Posting on the property. Allowed only after a diligent search fails to find the recipient. Photograph the posting and keep an affidavit of posting. Use as a last resort.
Common carrier (FedEx, UPS) with tracking. Permitted under amendments to § 713.18; use a service that requires a signature and provides delivery confirmation. Cost is \$15–\$30 per recipient.
Online NTO services. Companies like Levelset and SunRay Construction Solutions draft, print, and serve the notice for you. Fees run \$25–\$75 per notice. They keep electronic proof of service and tracking.
Proof of service to keep includes the certified mail receipt, the green card (or USPS tracking printout), the FedEx/UPS delivery confirmation, the signed hand-delivery receipt, or the affidavit of posting. Without proof, you cannot enforce a lien.
What Happens After You File
Once served, the NTO does not require an immediate response from anyone. It sits in the owner’s file as a heads-up. Most owners forward it to their lender and contractor and start tracking releases of lien before paying out.
If you remain unpaid, you have 90 days from the date of last furnishing to record a Claim of Lien with the county clerk under Fla. Stat. § 713.08. After recording, you have 1 year to file a foreclosure suit, unless the owner serves a Notice of Contest of Lien (which shortens the window to 60 days) or files a § 713.21 demand to show cause (which shortens the window to 20 days).
Owners often respond by demanding a sworn statement of account under § 713.16(2). You must respond within 30 days or lose lien rights. The NTO is the start of a paperwork chain, not the end.
If the project is bonded under § 713.23, your remedy shifts from a lien on real property to a claim on the payment bond. The deadlines mirror the lien deadlines but the recipient is the surety.
Mistakes to Avoid When Filling Out the Form
- Missing the 45-day deadline. Loss of all lien rights against the project. The clock starts on the first day of furnishing.
- Listing the wrong owner. Notice can be void as to the unnamed owner. Always pull the recorded NOC.
- Skipping the legal description. Courts have voided notices that include only a street address.
- Using the wrong contractor name. Service on a non-contracting party can be defective.
- Forgetting the lender. Your lien may be subordinated to the construction mortgage.
- Editing the WARNING paragraph. Substantive changes can render the notice non-compliant.
- Stamping or copying the signature. Owners can challenge authenticity in court.
- Skipping the certificate of service. You bear the burden of proving service.
- Mailing to the wrong address. The address must match the NOC; an outdated address can defeat service.
- Backdating the notice. Possible fraud, definite credibility loss.
- Serving only one of multiple owners. Each owner must be served separately.
- Assuming a bonded job exempts you from notice. It does not; § 713.23 still requires preliminary notice to the contractor and surety.
Do’s and Don’ts
Do’s
- Do pull the NOC from the county clerk before you draft, because it controls the names and addresses on the notice.
- Do calendar the 45-day deadline the same day you start work, since deadlines are easier to meet than to fix.
- Do use certified mail with return receipt for every recipient, because it creates court-ready proof.
- Do keep the green cards in a permanent file, since you may need them up to 5 years later.
- Do verify owner entity names through Sunbiz, because LLCs and trusts often have legal names that differ from the names on contracts.
- Do serve the notice even if you are unsure whether you need to, because over-noticing has no penalty and under-noticing kills lien rights.
Don’ts
- Don’t put dollar amounts on the NTO; it is a notice, not an invoice.
- Don’t rely only on the contractor’s invoice for owner information; the recorded NOC controls.
- Don’t wait until day 44 to send; mail delays and bad addresses eat days fast.
- Don’t skip the lender or surety; partial service equals partial protection.
- Don’t edit the statutory WARNING block; verbatim is safest.
- Don’t confuse the NTO with the Claim of Lien; they are two different documents with two different deadlines.
Pros and Cons of Filing on Your Own vs. With Help
Pros of DIY
- Saves the \$25–\$75 service fee, which adds up across many jobs.
- Forces you to learn the statute, which makes you a better businessperson.
- Lets you control the language and the timing precisely.
- Avoids dependence on a third-party platform that may be down at deadline time.
- Builds an internal compliance system that scales as your jobs grow.
Cons of DIY
- Easy to miss a recipient, especially the lender or surety.
- Easy to misidentify the owner when LLCs and trusts hold title.
- Burden of proof at trial falls entirely on you and your records.
- Mailing logistics (certified mail, green cards, tracking) eat hours.
- A single defective notice can wipe out a five- or six-figure lien.
Pros of using an NTO service or attorney
- Built-in deadline calculators and address verification reduce errors.
- Service providers keep electronic proof for years.
- Attorneys can advise on bonded jobs, federal projects, and unusual ownership structures.
- Volume discounts make per-notice cost low for high-volume contractors.
- Frees up your office staff for revenue work.
Cons of using a service or attorney
- Costs add up across hundreds of jobs.
- You still own the data; bad addresses going in mean bad notices coming out.
- Outsourced systems can fail at the worst time.
- Some services upsell unnecessary lien filings that strain customer relationships.
- Reliance on a third party can dull your own statute knowledge.
NTO vs. Notice of Commencement vs. Claim of Lien
| Document | What It Does |
|---|---|
| Notice of Commencement (§ 713.13) | Recorded by the owner before work starts to identify the project, contractor, and lender |
| Notice to Owner (§ 713.06) | Served by non-direct lienors within 45 days of first furnishing to preserve lien rights |
| Claim of Lien (§ 713.08) | Recorded by unpaid lienors within 90 days of last furnishing to create the lien itself |
Key Court Decisions That Shape the Form
Florida appellate courts have repeatedly held that “substantial compliance” with § 713.06(2)(c) is enough, but only if the owner is not prejudiced. In Symons Corp. v. Tartan-Lavers Delray Beach, Inc., 456 So. 2d 1254 (Fla. 4th DCA 1984), the court recognized substantial compliance for a slightly mislabeled notice. In Aetna Casualty & Surety Co. v. Buck, 594 So. 2d 280 (Fla. 1992), the Florida Supreme Court reinforced that strict compliance with deadlines is non-negotiable, even when substantial compliance applies to content. The takeaway: be lenient with yourself on form, strict with yourself on timing.
The Florida DBPR Construction Industry Licensing Board does not adjudicate NTO disputes, but its license records help you identify and address contractors and qualifying agents correctly when the NOC information is stale.
FAQs
Is the Florida Notice to Owner the same as a lien?
No. The NTO is a preliminary warning that preserves your right to later record a lien. The lien itself is a separate Claim of Lien recorded under § 713.08 within 90 days of last furnishing.
Do I need to send an NTO if I have a direct contract with the owner?
No. General contractors and any party with a direct contract with the owner are exempt under § 713.06(2)(a). Every other lienor must serve one.
When does the 45-day clock start?
Yes, there is a clear answer. It starts on the first day you deliver materials or perform on-site labor. Office work, estimating, and design do not count.
Do I write the property’s street address or the legal description in the property field?
Yes, you write both. The legal description from the recorded NOC is required, and the street address goes in as a courtesy locator under § 713.06(2)(c).
What if there is no recorded Notice of Commencement?
Yes, you can still serve. Demand an NOC from the contractor under § 713.06(2)(b). Use the deed, permit, and property appraiser records to draft the notice in the meantime.
Do I list my company’s d/b/a or the registered legal name in the lienor box?
Yes, list the registered legal name first, then the d/b/a. Both must be on file with Sunbiz.
Is certified mail required, or can I use FedEx?
No, certified mail is not the only option. FedEx and UPS with tracking and signature qualify under § 713.18, as does hand delivery and posting in narrow cases.
Does the NTO need to be notarized?
No. Florida does not require notarization for the Notice to Owner. The later Claim of Lien must be notarized.
Do I serve the lender if no construction loan exists?
No, there is no lender to serve. Write Not Applicable in the lender field and keep moving.
What if the owner refuses delivery of the certified mail?
Yes, service is still effective. Under § 713.18, service is complete on the date of mailing to a correct address even if the recipient refuses or ignores it.
Do I need a separate NTO for each owner of a jointly held property?
Yes. Each owner of record must be named and served. Husband and wife, tenants in common, and trust beneficiaries each get a copy.
Do I write dollar amounts in the description-of-services field?
No. Never put a dollar amount on the NTO. The notice is a heads-up about lien rights, not an invoice or demand.
Is the NTO required on bonded public jobs?
No, not in the same form. Public jobs use Fla. Stat. § 255.05 bond claim notices, which have their own deadlines and content.
Can I email the Notice to Owner to the parties?
No. Email alone is not authorized service under § 713.18. Use certified mail, hand delivery, posting, or a tracked common carrier.
Related reading
- How to Fill Out Florida Form 1.921(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 7.331 (w/Examples) + FAQs
- How to Fill Out Florida Claim of Lien (Construction) (w/Examples) + FAQs
- How to Fill Out Florida Form P-5.0260 (w/Examples) + FAQs
- How to Fill Out Florida Lien Release / Satisfaction (w/Examples) + FAQs
- How to Fill Out Florida Notice of Commencement (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs