Florida Notice to Owner (NTO) – Everything you need to know

What Is a Florida Notice to Owner (NTO)?

A Florida Notice to Owner is a legal document that notifies the property owner and other key project stakeholders of your involvement in a construction project. It is the first step toward securing your lien or bond rights under Florida law.

Why Sending a Florida NTO Is Crucial for Getting Paid

In Florida, if you’re not in direct contract with the property owner, sending an NTO is required to preserve your right to file a construction lien. Without it, you risk not getting paid — even if you performed the work. Common non-payment scenarios include:

• The owner pays the general contractor, who fails to pay you.

• The general contractor is not paid and can’t pay you.

• The person who hired you is a tenant, not the property owner.

3 Critical Requirements for a Valid NTO

To be enforceable, your Florida NTO must meet these three requirements:

1. Sent on time – It must be received within 45 days of first furnishing labor or materials.

2. Accurately completed – All legal and project information must be correct.

3. Sent to the right parties – Everyone listed on the Notice of Commencement must receive the NTO.

Florida NTO Deadline: When Should You Send It?

The NTO must be received (not just mailed) by the 45th day from when you first furnished labor or materials on the project. Because of mail delivery times, it’s best practice to send your NTO by the 40th day to ensure timely receipt. Sending a late NTO is the single most common reason for an invalid NTO.

Who Needs to Send a Notice to Owner in Florida?

If you’re not directly contracted with the property owner, you likely need to send an NTO. This includes:

• Subcontractors

• Suppliers

• Equipment rental companies

• Designers and consultants

Exempt: Professionals such as laborers, licensed architects, engineers, surveyors, and landscape architects do not need to send NTOs to protect their lien rights.

(Reference: §713.03, Fla. Stat.)

Who Should Receive Your NTO?

A "Notice to Owner" (NTO) is a misleading term, as it's not solely intended for the property owner. In reality, the NTO must be sent to all stakeholders involved in the project, as outlined in the Notice of Commencement (NOC).

To ensure compliance, simply refer to the NOC/ Notice of Commencement for a comprehensive list of recipients for the NTO. It must be sent to all parties listed on the Notice of Commencement (NOC), which may include:

• The property owner

• General contractor

• Lender

• Any other stakeholders

These stakeholders have a vested interest in the project and its impact on the property's value. Therefore, it's crucial to include them in the notification process.

Search the County Recorder’s Official Records to access the NOC using the project address or owner’s name.

What Information Must Be Included in a Valid Florida NTO?

As per §713.06, Fla. Stat., a valid NTO must include:

• Owner’s name and address

• General description of work or materials provided

• Legal description of the property

• Your company name, address, and signature

• List of all recipients receiving the NTO

What Happens If You Don’t Send a Timely or Proper NTO?

If you don’t send a valid and timely NTO, you lose your lien rights. This means:

• You cannot file a lien or bond claim

• You have limited options to recover payment

• Legal action may be more difficult and costly

Who Does Not Have Lien Rights in Florida?

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Certain "remote" contractors do not have lien rights in Florida, including:

• Suppliers to suppliers

• 4th-tier subcontractors

However, rental companies and material suppliers that are 4th-tier do have lien rights and should send an NTO.

Common Misconceptions: Will Sending an NTO Harm Your Client Relationship?

Many subcontractors and suppliers fear sending a Notice to Owner Florida form as they think it will jeopardize their business relationship with the client.

The opposite is in fact the case and sending your Florida Notice to Owner in a timely and professional manner is simply good business practice. It is expected in the industry to such an extent that general contractors will normally pay those subcontractors who send their NTOs first.

By contrast, not sending your Florida NTOs in a timely and professional manner is a sure sign of someone just starting out or otherwise not knowledgeable as to how the industry operates.

Step-by-Step: How to Prepare and Deliver a Florida NTO

Here are all the simple steps to prepare and deliver your Florida NTO:

Step 1 - Collect project details from the Notice of Commencement
Step 2 - Accurately fill out the NTO with all required information
Step 3 - Send the NTO via certified mail (return receipt requested) or another trackable method
Step 4 - Send it early enough to ensure it is received within 45 days
Step 5 - Keep documentation of delivery for your records

Tip: Maintain a Project Information Sheet to track key dates like first furnishing and the 45-day deadline.

Florida Counties with High NTO Activity

Here are the most searched counties for NTO-related records:

• Miami-Dade County (Miami metro area)

• Palm Beach County (West Palm Beach metro area)

• Pinellas County (St. Petersburg metro area)

• Hillsborough County (Tampa metro area)

• Duval County (Jacksonville metro area)

• Orange County (Orlando metro area)

• Leon County (Tallahassee metro area)

Get a Free Florida NTO FORM

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The Notice to Owner form can be found under § 713.06, Fla.Stat. (2019). If you are looking for a reliable NTO form template, you may download a free editable Florida Notice to Owner form from SunRay Construction Solutions. It includes all the fields required under Florida law and is designed for easy use and compliance.

Why Choose a Professional NTO Service Like SunRay

Preparing and sending a valid NTO can be time-consuming and easy to get wrong. SunRay offers:

• Accurate NTO preparation

• Timely and compliant delivery

• Access to property and NOC records

• Expert support for all your lien-related questions

Call SunRay at 800-403-7660 for help protecting your lien rights and getting paid on time.

Key Takeaways

• The 45-day deadline for serving a Notice to Owner is strict. It starts from the first furnishing of labor or materials, not the completion of the project. Missing this deadline is a common mistake that can invalidate your lien rights and jeopardize your payment.

• The NTO must be received by the necessary parties within 45 days, not just mailed or sent. This means you need to factor in mail delivery time or use a reliable delivery method to ensure timely receipt. Hence it advised to send the Notice to Owner in Florida by  the 40th day.

• Sending a late NTO is one of the most frequent reasons why NTOs are considered invalid in Florida. This can have serious consequences for your ability to collect payment if disputes arise.

• In addition to timing, the NTO must contain specific information and be delivered to the correct parties. Errors in content or delivery can also invalidate the NTO.

• Given the complexity and importance of the NTO process, many contractors and suppliers choose to use professional services to prepare and serve their NTOs. This helps ensure accuracy, timely delivery, and compliance with all legal requirements.

• The Notice of Commencement for the project is a crucial document. It lists the parties who must receive the NTO.

• Keeping a detailed Project Information Sheet for each project can help you track important dates and deadlines, including the NTO deadline.

• Open communication with the property owner and other relevant parties can help prevent payment disputes and reduce the need for formal lien actions.

FAQs About Florida Notice to Owner

Will sending a Notice to Owner harm my business relationships?
No, sending a Notice to Owner is standard practice in the construction industry and is seen as a sign of professionalism. General contractors often prioritize paying subcontractors who send NTOs promptly.

Who doesn't have lien rights?
Some "remote" contractors, like suppliers to suppliers or 4th-tier subcontractors, don't have lien rights. However, rental companies and material suppliers who are 4th-tier do have lien rights and should send an NTO.

What happens if the owner doesn't respond to my Notice to Owner?
There's no requirement for the owner to respond. The NTO serves as a legal notification, preserving your lien or bond claim rights whether or not you receive a reply.

How can I ensure my Notice to Owner is done correctly?
Consider using professional services like that of SunRay that specialize in preparing and sending NTOs. This can save you time and ensure your rights are fully protected.

Why Are NTOs Crucial?
Here's why NTOs are essential:

1. NTOs protect you in several scenarios, such as if the owner doesn't pay the general contractor, the general contractor mismanages funds, or there's confusion about property ownership.

2. Sending an NTO on time often results in priority payment. General contractors tend to settle debts with those who have filed NTOs first.

3. Sending an NTO is standard industry practice and demonstrates your professionalism and understanding of the legal landscape.

What information must be included in a Florida Notice to Owner?
A valid NTO must include:

• Property owner's name and address

• A general description of the labor or materials provided

• Legal description of the property

• Your name, address, and signature

• Names and addresses of all NTO recipients

How do I find out who should receive my Notice to Owner?
Refer to the project's Notice of Commencement (NOC), which lists the property owner, general contractor, and any other relevant parties.

What is the deadline for sending a Notice to Owner in Florida?
‍The NTO must be received by all required parties within 45 days of first furnishing labor or materials. Aim to send it by the 40th day to ensure timely delivery.

What happens if I miss the 45-day deadline?
Missing the deadline invalidates your NTO, meaning you lose your lien and bond rights. Timely delivery is essential to protect your payment rights.

Can I send the Notice to Owner by email or fax?
No. Florida law requires it to be sent by certified mail (return receipt requested) or another method that provides proof of delivery.

Do I need to send a Notice to Owner if I am working directly for the property owner?
Generally, no. But it’s a good idea to confirm your specific situation, as requirements can vary depending on the type of project and contract.

What if I make a mistake on my Notice to Owner?
Errors can render your notice invalid. Ensure all information is accurate and that it’s sent to the correct parties. Many businesses use professional services to avoid mistakes.

Who is exempt from sending a Notice to Owner?
Professionals like interior designers, laborers, architects, engineers, landscape architects, surveyors, and mappers are typically exempt. However, most others involved in construction projects are required to send one unless clearly exempt.

What if there is no Notice of Commencement filed for the project?
You should still identify all relevant parties and send the NTO accordingly. County property records or a professional service can help with this process.

Can I still send a Notice to Owner after work is completed?
Yes, as long as it's within 45 days of first furnishing labor or materials. Early submission is best to avoid missing the deadline.

Does sending a Notice to Owner guarantee payment?
No. It preserves your right to file a lien or bond claim if you’re not paid, but it doesn’t guarantee payment.

How can I check if a Notice of Commencement has been filed?
Search your County Recorder’s Official Records using the property address or owner’s name.

What is the best way to track delivery of my Notice to Owner?
Use certified mail with return receipt requested or a delivery method that provides verifiable proof of receipt.

Should I notify my client before sending a Notice to Owner?
It’s not legally required, but discussing the process with your client can help avoid misunderstandings and build trust.

Where can I get a free Notice to Owner form for Florida?
Free editable NTO templates are available through professional providers like SunRay, which can help ensure your form is compliant and complete.

Sunray Construction Solutions offers professional "Notice to Owner Florida" services to help you secure your lien rights in the construction industry. Looking for a free Notice to Owner form in Florida? Get your free, editable "Florida Notice to Owner Template" today for easy and accurate preparation.