Top 3 Requirements When Sending Florida Notices to Owners

Learn the top three requirements that you should keep in mind before you send your Notice to Owner.

ARIELA WAGNER

by

Ariela Wagner

Last updated:

Sep 11, 2023

Published:

Oct 09, 2020

WORKER SMILING

Attorney Reviewed

4 Mins

read

A Notice to Owner identifies your company, who hired you, the work and/or materials being provided, and a description of the job. This preliminary notice, commonly known as Notice to Owner, secures and protects your right to get paid.

A Florida Notice to Owner — commonly referred to as a preliminary notice — secures and protects your right to get paid. The Notice to Owner identifies your company, who hired you, the work and/or materials being provided, and a description of the job and relays this information to the property owners and others in the chain of payment.

In Florida, if you are involved in a construction project to make property improvements and wish to secure your lien and/or bond claim rights, you may be required to send a Notice to Owner (NTO) to specific parties,  depending on where you stand on the payment food chain.

Getting Paid in Construction

Understanding the difference between noticing private and public construction projects

For private construction projects, any party that does not have a direct contract with the property owner is required to send a Notice to Owner form to all relevant recipients to secure their lien rights.  

Similarly, on public projects, any party not contracted directly with the prime contractor must send a Notice to Owner/Notice to Contractor to certain parties to secure their bond claim rights.  

To understand the difference between private construction privates and public construction projects watch this 2-minute video.

Requirement #1: Use the correct statutory form

A Notice to Owner form is not just some arbitrary letter you create on your own. A Notice to Owner/Notice to Contractor is a very specific statutory form that can be found in the Florida Statute, § 713.06, Fla. Stat. (2019).

The NTO must be filled in correctly with specific information. Otherwise, it can be deemed invalid. What that means is that if you do not use the language required by statute and provide all of the required information, you will lose your lien or bond claim rights.

Dive deeper: Top 3 Notice to Owner Mistakes that Can Cost You Big

Send Notice to Owner (NTO) in Florida

Requirement #2: Send the Notice to Owner (NTO) form timely

Everyone you are required to send a Notice to Owner form in Florida to must receive the Florida NTO within 45 days from the day you first furnished labor and/or materials. The best business practice is to send your NTOs as soon as you either have a verbal or written contract.

If you send your Notice to Owner in Florida by the 40th day from first furnishing labor or materials, the Notice to Owner is considered served, as long as you send the NTO in the correct manner.

If you send your Notice to Owner form after the 40th day from first furnishing labor and/or materials and it is not received and signed for by the 45th day, you have lost your lien or bond claim rights.  

Using SunRay, the number one Notice to Owner service in Florida, will remove your risk, and you can rest assured that your Notices to Owner are sent timely and accurately.      

Calculate your NTO (Notice to Owner) Deadline using SunRay's  user-friendly NTO Deadline Calculator

NTO Deadline Calculator

Requirement #3: Include all necessary information in the Florida Notice to Owner

The following information must be included in the Notice to Owner:  

  • The owner’s name and address
  • A legal description of the property
  • The name and address of the person doing the work
  • The name and address of the person hiring the person doing work
  • The general contractor if not hired directly by the owner
  • Anyone listed on the Notice of Commencement.

Key Takeaways

Lien and Bond Claim Rights

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How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

About Author

ARIELA WAGNER

Ariela Wagner

Ariela is the president and founder of SunRay Construction Solutions. She has over 17 years of construction industry experience. Read More>

WORKER SMILING

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A Notice to Owner identifies your company, who hired you, the work and/or materials being provided, and a description of the job. This preliminary notice, commonly known as Notice to Owner, secures and protects your right to get paid.

A Florida Notice to Owner — commonly referred to as a preliminary notice — secures and protects your right to get paid. The Notice to Owner identifies your company, who hired you, the work and/or materials being provided, and a description of the job and relays this information to the property owners and others in the chain of payment.

In Florida, if you are involved in a construction project to make property improvements and wish to secure your lien and/or bond claim rights, you may be required to send a Notice to Owner (NTO) to specific parties,  depending on where you stand on the payment food chain.

Getting Paid in Construction

Understanding the difference between noticing private and public construction projects

For private construction projects, any party that does not have a direct contract with the property owner is required to send a Notice to Owner form to all relevant recipients to secure their lien rights.  

Similarly, on public projects, any party not contracted directly with the prime contractor must send a Notice to Owner/Notice to Contractor to certain parties to secure their bond claim rights.  

To understand the difference between private construction privates and public construction projects watch this 2-minute video.

Requirement #1: Use the correct statutory form

A Notice to Owner form is not just some arbitrary letter you create on your own. A Notice to Owner/Notice to Contractor is a very specific statutory form that can be found in the Florida Statute, § 713.06, Fla. Stat. (2019).

The NTO must be filled in correctly with specific information. Otherwise, it can be deemed invalid. What that means is that if you do not use the language required by statute and provide all of the required information, you will lose your lien or bond claim rights.

Dive deeper: Top 3 Notice to Owner Mistakes that Can Cost You Big

Send Notice to Owner (NTO) in Florida

Requirement #2: Send the Notice to Owner (NTO) form timely

Everyone you are required to send a Notice to Owner form in Florida to must receive the Florida NTO within 45 days from the day you first furnished labor and/or materials. The best business practice is to send your NTOs as soon as you either have a verbal or written contract.

If you send your Notice to Owner in Florida by the 40th day from first furnishing labor or materials, the Notice to Owner is considered served, as long as you send the NTO in the correct manner.

If you send your Notice to Owner form after the 40th day from first furnishing labor and/or materials and it is not received and signed for by the 45th day, you have lost your lien or bond claim rights.  

Using SunRay, the number one Notice to Owner service in Florida, will remove your risk, and you can rest assured that your Notices to Owner are sent timely and accurately.      

Calculate your NTO (Notice to Owner) Deadline using SunRay's  user-friendly NTO Deadline Calculator

NTO Deadline Calculator

Requirement #3: Include all necessary information in the Florida Notice to Owner

The following information must be included in the Notice to Owner:  

  • The owner’s name and address
  • A legal description of the property
  • The name and address of the person doing the work
  • The name and address of the person hiring the person doing work
  • The general contractor if not hired directly by the owner
  • Anyone listed on the Notice of Commencement.

Key Takeaways

Lien and Bond Claim Rights
Disclaimer
THE INFORMATION ON THIS WEBPAGE IS NOT THE SAME AS LEGAL ADVICE. SUNRAY CONSTRUCTION SOLUTIONS, LLC IS NOT AN ATTORNEY OR A LAW FIRM. WE RECOMMEND THAT YOU CONSULT WITH AN ATTORNEY.
Ariela Wagner
Ariela Wagner
Ariela is the president and founder of SunRay Construction Solutions. She has over 13 years of construction industry experience.
Preliminary Notice| SunRay Notice
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