Florida Notice to Owner

A statutory Notice to Owner (NTO) form, under section 713.06 of the Florida Revised Statutes, is a fairly simple document. Sent to an owner by any lienor (subcontractor, sub-subcontractor or material supplier without a direct contract between the two parties), this document informs the owner that the lienor has or will commence the supply of labor, services, or materials for the purpose of improving their real property. The NTO is a first step in securing a mechanics lien on the property.

Florida's lien statute requires lienors as defined at 713.01(18-20) to serve the owner with a NTO form, even if the claimant is not a direct party to a contract with the owner. The lien law sets forth the required contents of the NTO, which must include the lien claimant's name and address, a description of the property, and a description of the services or materials furnished. The claimant must serve the owner either before commencement of the work or furnishing of materials, or within 45 days of such furnishing. Failure to serve the NTO in accordance with the lien statute renders associated liens invalid.

The NTO should be served on the owner in accordance with service methods prescribed under Florida law. The easiest (and least expensive) method is to use certified mail. Other acceptable methods include personal service and posting the notice at the jobsite as a final alternative.

Each case is unique, so contact an attorney with specific questions or for complex situations involving a Notice to Owner or other issue related to Florida's Construction Lien Law.