How Does a Florida Notice to Owner Work?

Florida's construction lien law gives a lien to "a materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part" (Fla. Stat. § 713.06(1)). The notice to owner is how they comply: "All lienors under this section, except laborers, as a prerequisite to perfecting a lien under this chapter and recording a claim of lien, must serve a notice on the owner" (§ 713.06(2)(a)). A contractor in privity with the owner does not serve one. For what the lien is, see what a mechanic's lien is.

Whatever your tier, if the owner's notice of commencement designates someone else to receive a copy of lienors' notices, serve that person too, though a failure to serve that copy "does not invalidate an otherwise valid lien" (§ 713.06(2)(b)).

The notice "must be served before commencing, or not later than 45 days after commencing, to furnish his or her labor, services, or materials, but, in any event, before the date of the owner's disbursement of the final payment after the contractor has furnished the affidavit" (§ 713.06(2)(a)). Failure "to serve the notice, or to timely serve it, is a complete defense to enforcement of a lien by any person." The statute forgives substantial-compliance errors in content, but "a lienor must strictly comply with the time requirements" (§ 713.06(2)(f)).

Service by mail has its own rule. Under § 713.18(2), a notice to owner is "effective as of the date of mailing" if it is mailed by registered, Global Express Guaranteed or certified mail, postage prepaid; it "is mailed within 40 days after the date the lienor first furnishes labor, services, or materials"; and you keep a mail log with the certified number, addressee and USPS date stamp, or USPS tracking records. Mailed after day 40, the notice doesn't get that protection, so plan for it to be delivered by day 45. Otherwise serve by hand delivery or by common carrier or registered, Global Express Guaranteed or certified mail with evidence of delivery (§ 713.18(1)). The sections read here state no weekend extension; don't count on one.

The notice must set out "the lienor's name and address, a description sufficient for identification of the real property, and the nature of the services or materials furnished or to be furnished" (§ 713.06(2)(a)). Section 713.06(2)(c) gives a form, which "must include the information and the warning contained in the following form": a capitalized warning that begins "WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL," the owner's name and address, a description of your work and the property, who ordered it, the "IMPORTANT INFORMATION FOR YOUR PROTECTION" paragraphs, your signature, and the copies list. Copy the form from the statute.

Take the owner, property description and the owner's designees from the recorded notice of commencement, which lists the property's legal description, the owner, the contractor, any surety and lender, and anyone designated to receive notices (§ 713.13). A lienor, "in the absence of a recorded notice of commencement, may rely on the information contained in the building permit application" (§ 713.06(2)(e)). A notice served on one owner is deemed served on all owners (§ 713.18(4)).

• The owner pays around it. When a progress payment comes due, the owner must pay, or cause to be paid, each lienor who gave notice, and "shall be under no obligation to any lienor, except laborers, from whom he or she has not received a notice to owner at the time of making a payment" (§ 713.06(3)(c)1.). No notice, no protected place in line.
• Small jobs are outside it. An improvement "for which the direct contract price is $2,500 or less" is exempt from the rest of the lien law except § 713.05 (§ 713.02(5)).
• Unlicensed means no lien. No lien exists for a contractor, sub or sub-sub who is unlicensed under chapter 489 (§ 713.02(7)).
• Homeowners are warned. A direct contract over $2,500 on a dwelling of up to four units must carry a boldface lien-law notice telling the owner to get a release from anyone who served a notice to owner (§ 713.015).
• The notice is not the lien. You still record a claim of lien "not later than 90 days after the final furnishing" (§ 713.08(5)); see mechanic's lien deadlines.

A fictional drywall sub-subcontractor first works on a fictional private office build-out on Monday, March 2, 2026, under a subcontractor that works for the general contractor. It must serve the owner and the contractor.

The count: March 2 plus 40 days is April 11 (29 days to March 31, then 11) and plus 45 is April 16. August 14 plus 90 days is November 12 (17 days to August 31, then 30, 31 and 12). Mail on the first day of work and the 40-day rule never matters.

In Florida, a sub or supplier without a contract with the owner serves a notice to owner, with the statute's warning, within 45 days of starting, and mails it certified within 40 days with a log so it counts from the mailing date. The deadline is strict; errors in content are forgiven, lateness is not.

Then track the claim-of-lien date from your last day of work, and sign the right waiver when you are paid (conditional vs unconditional). For California's version of the same notice, see California's 20-day preliminary notice, and for the rest of getting paid, the subcontractor's guide.

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1. Florida Statutes § 713.06 (2026), Liens of persons not in privity; proper payments — The Florida Senate. Read October 22, 2026.
2. Florida Statutes § 713.18 (2026), Manner of serving documents — The Florida Senate. Read October 22, 2026.
3. Florida Statutes § 713.13 (2026), Notice of commencement — The Florida Senate. Read October 22, 2026.
4. Florida Statutes § 713.02 (2026), Types of lienors and exemptions — The Florida Senate. Read October 22, 2026.
5. Florida Statutes § 713.015 (2026), Mandatory provisions for direct contracts — The Florida Senate. Read October 22, 2026.
6. Florida Statutes § 713.08 (2026), Claim of lien — The Florida Senate. Read October 22, 2026.