Florida Compliance — Notice to Owner (§713.06)
Florida Notice to Owner — The 45-Day Rule That Decides Whether You Get Paid
If you're a subcontractor or supplier and you don't serve a Notice to Owner within 45 days of starting work, you lose your lien rights. Here is who has to serve it, what it has to say, and how the deadline actually works.
A Florida Notice to Owner (NTO) is a written notice that a subcontractor, sub-subcontractor, or material supplier must serve on the property owner within 45 days of first furnishing labor or materials, in order to preserve the right to file a construction lien. It is required by Fla. Stat. §713.06. Parties in direct contract with the owner do not need to serve one. Missing the 45-day deadline is the single most common way a subcontractor loses lien rights in Florida.
Statute source: Fla. Stat. §713.06 (flsenate.gov)
45 calendar days
from your first furnishing of labor or materials — not from signing, not from finishing. Serve it late and you lose the lien.
Who has to serve a Notice to Owner?
Anyone NOT in a direct contract with the owner who wants to preserve lien rights. In practice, that means:
Subcontractors (you contracted with the GC, not the owner).
Sub-subcontractors (you contracted with a subcontractor).
Material suppliers (you sold materials to the GC or a sub).
Laborers and certain professionals depending on the relationship.
Who does NOT have to serve one: the general contractor in direct contract with the owner, and (in most cases) a laborer whose only role is providing labor for wages. The GC is already known to the owner — the NTO exists so the owner learns about the people in the chain they DON'T have a direct contract with.
How does the 45-day deadline actually work?
The clock starts on the date you FIRST furnish labor or materials to the project — not the date you signed your subcontract, and not the date you finish.
You have 45 days from that first-furnishing date to SERVE the Notice to Owner. "Serve" means it has to be received (or properly sent per the statute's service methods), not just mailed on day 45.
The 45 days is calendar days, not business days. Weekends and holidays count.
If you furnish materials on multiple dates, the deadline runs from the FIRST date, not each delivery. One NTO covers your entire scope on that project.
Serving early is always safe. Many subs serve the NTO at the same time they sign the subcontract or submit their first invoice, precisely so the deadline never becomes a problem. There is no penalty for serving it early.
What happens if you miss the 45-day deadline?
You lose the right to file a valid construction lien for the labor or materials you furnished. The lien is your strongest collection tool — it attaches to the property itself and can force a sale. Without it, you are reduced to suing in contract for money, which is slower, more expensive, and far less likely to result in actual payment.
The underlying debt does not disappear — the GC still owes you. But your leverage does. A GC who knows a sub blew the NTO deadline knows that sub has no lien hammer, which weakens the sub's negotiating position on every disputed dollar.
There is no general 'good cause' extension. Florida courts apply the 45-day rule strictly. 'I didn't know I had to' is not a defense.
What does a Notice to Owner have to contain?
Florida §713.06 specifies the required contents and a statutory warning to the owner. At minimum the NTO must identify:
The lienor (you — name and address).
A description of the labor, services, or materials being furnished.
The property being improved (legal description or address sufficient to identify it).
The name of the person who contracted for the labor or materials (the GC or sub you're working under).
The statute also requires a specific warning notice to the owner, in substantially the statutory form, explaining what the NTO means and what the owner should do (e.g., obtain lien releases before final payment). As with the §713.015 disclosure, the statutory warning language should be reproduced as the statute specifies.
Spanish-speaking subs: this deadline is YOUR responsibility, not the GC's
The Notice to Owner is unusual among the §713 documents because the obligation falls on the subcontractor, not the general contractor. The §713.015 disclosure and the §713.20 lien waivers are things a GC hands to others. The NTO is something a sub has to send, on their own clock, or lose their lien.
That makes the comprehension gap especially dangerous for a Spanish-speaking sub. A sub who doesn't fully understand the 45-day rule — because nobody explained it in a language they read fluently — can lose tens of thousands of dollars in lien rights without ever knowing the deadline existed.
XOsign generates the Notice to Owner with the statutory warning in English (as required) and a side-by-side Spanish explanation of what the document is, when it's due, and why it matters — so the sub understands the obligation that protects their own payment. The audit trail records when the NTO was generated and served, giving the sub proof of timely service if the deadline is ever disputed.
FAQ
Frequently asked questions about the Florida Notice to Owner
What is a Notice to Owner in Florida?
A written notice that a subcontractor, sub-subcontractor, or material supplier must serve on the property owner within 45 days of first furnishing labor or materials, to preserve the right to file a construction lien. It's required by Fla. Stat. §713.06. Parties in direct contract with the owner (typically the general contractor) do not need to serve one.
When does the 45-day Notice to Owner clock start?
On the date you FIRST furnish labor or materials to the project — not when you signed your subcontract and not when you finish. You have 45 calendar days from that first-furnishing date to serve the NTO. Weekends and holidays count. If you furnish on multiple dates, the deadline still runs from the first date; one NTO covers your whole scope.
What happens if I miss the 45-day deadline?
You lose the right to file a valid construction lien for that work. The debt still exists — the GC still owes you — but you've lost your strongest collection tool. Florida courts apply the 45-day rule strictly; there's no general 'I didn't know' extension. The practical result is a much weaker position in any payment dispute.
Does the general contractor have to serve a Notice to Owner?
No. A general contractor in direct contract with the owner does not serve an NTO — the owner already knows about them. The NTO exists so the owner learns about the people further down the chain (subs, sub-subs, suppliers) they don't have a direct contract with. If you ARE a sub who also hires sub-subs, those sub-subs each have their own NTO obligation.
Can I serve the Notice to Owner early?
Yes, and many subs do. There's no penalty for serving early, and it's the safest practice. A common approach is to serve the NTO at the same time you sign the subcontract or submit your first invoice — that way the 45-day deadline never becomes a risk. You can never be too early; you can be one day too late.
I'm a Spanish-speaking subcontractor — whose job is the Notice to Owner?
Yours. Unlike the §713.015 disclosure and §713.20 waivers (which a GC hands to others), the NTO is something the subcontractor has to send themselves, on their own 45-day clock, or lose their lien. That makes understanding the deadline critical. XOsign generates the NTO with the required English statutory warning plus a side-by-side Spanish explanation of what it is and when it's due, and records the service date in the audit trail as proof of timely filing.
Is a Notice to Owner the same as a lien?
No. The Notice to Owner is the PRESERVATION step — it keeps your lien rights alive. The claim of lien (under §713.08) is the actual recorded lien you file later if you don't get paid. You generally cannot record a valid claim of lien unless you served a proper Notice to Owner first. Think of the NTO as buying the ticket and the claim of lien as boarding the plane.
XOsign is not a law firm and does not provide legal advice. This page is informational and reflects publicly available statutory language and common industry practices. Notice to Owner service rules, deadlines, and exceptions can be fact-specific. For advice on your situation, consult a Florida construction attorney.
Never miss a 45-day deadline because the rule was only ever explained in English.
XOsign generates the Notice to Owner with the statutory warning in English and a side-by-side Spanish explanation of what it is and when it's due — and timestamps the service date in a court-ready audit trail. The deadline that decides whether you get paid, in the language you actually read.