Statutory note: This page summarizes ACG's understanding of FL Stat 713 as of 2026. Florida's Construction Lien Law is modified by the legislature periodically. Confirm current deadlines, form requirements, and procedures against the current statute text and consult construction counsel for project-specific lien questions.
What the Florida NTO is and why it matters
ACG is a glazing subcontractor. On most Florida commercial projects, ACG contracts directly with the general contractor, not the property owner. Florida's Construction Lien Law (Chapter 713) creates a mechanism for subcontractors and suppliers — who have no direct contractual relationship with the owner — to preserve their right to file a construction lien if they are not paid.
That mechanism is the Notice to Owner. The NTO informs the owner that ACG is on the project and furnishing labor and materials. It puts the owner on notice of ACG's presence and payment rights. The owner then knows to protect against that lien claim — typically by ensuring that the GC pays ACG before the owner's construction draw is disbursed.
Without a timely NTO, ACG has no lien rights against the property for work done in the period before service.
The 45-day deadline — when the clock starts
The 45-day clock under FL Stat 713.06 starts on the first day ACG furnishes any labor or materials on the project. That could be the day a field crew performs a site survey, the day ACG delivers a sample to the site, or the day ACG performs pre-installation work. It is not the date ACG signs the subcontract or the date ACG receives drawings.
ACG's internal procedure: NTO preparation begins at subcontract execution, and service is confirmed within 5 business days of first mobilization or first material delivery. This provides buffer against the 45-day deadline. Waiting until Day 40 to start the NTO process is not acceptable practice.
Who receives the NTO
| Recipient | Required? | How to identify |
|---|---|---|
| Property owner | Yes — required | Name and address in Notice of Commencement (NOC) recorded in county records |
| General contractor | Yes — required | Name and address in the subcontract; also in the NOC |
| Construction lender | Yes, if any | Name and address in NOC if a lender is identified |
| Surety (payment bond) | On public projects — bond claim notice | Bond company listed on the payment bond; not the NTO process |
The Notice of Commencement is recorded in the county official records of the county where the project is located. ACG pulls the NOC to confirm owner and lender information before serving the NTO. The NOC must also be posted at the job site under Florida law — ACG confirms this as part of site mobilization.
Required content of the Florida NTO form
Florida Statute 713.06 prescribes the required content of the Notice to Owner. A valid NTO must include:
- ACG's name and address (lienor's name and address)
- Name and address of the person who contracted with ACG (the GC)
- Description of the property — legal description or street address sufficient to identify it
- Description of the labor, services, or materials being furnished
- The statutory warning language as prescribed by FL Stat 713.06
The form must match the statutory format. ACG uses a form sourced from a Florida-licensed NTO service or attorney-prepared template. Deviation from the prescribed form can render the NTO ineffective. See FL Stat 713.06 for the current prescribed form and language.
Service method
Under Florida law, the NTO must be served by one of the following methods:
- Certified mail, return receipt requested
- Personal delivery with acknowledgment
- Overnight courier with delivery confirmation
ACG uses certified mail, return receipt requested, as the default method. The signed return receipt is retained in the project file. For time-sensitive situations, overnight courier is used. The date of service is the date of mailing (for certified mail) — not the date of receipt. ACG documents the mailing date and return receipt for every NTO.
NTO and lien rights timeline under Chapter 713
| Event | Deadline | Florida statute reference |
|---|---|---|
| Serve Notice to Owner | Within 45 days of first furnishing | FL Stat 713.06(2)(a) |
| Record construction lien | Within 90 days of final furnishing | FL Stat 713.08(5) |
| Enforce lien (file lawsuit) | Within 1 year of recording lien | FL Stat 713.22 |
| Serve Notice of Nonpayment (on bonds) | Within 90 days of final furnishing | FL Stat 255.05(2) (public) |
Note: All dates are approximate based on statute as of 2026. Confirm current deadlines against the statute before relying on these figures for any specific project.
Public projects — no lien, but bond claim rights
On public projects (city, county, state, school district, government owner), property cannot be liened. Instead, subcontractors have bond claim rights. The GC on a public project is required to furnish a public payment bond (FL Stat 255.05). ACG serves a Notice of Nonpayment on the bonding company within the required period to preserve bond claim rights. This is a different process from the private NTO — ACG's project setup procedure distinguishes public from private and routes accordingly.
Frequently asked questions
What is a Notice to Owner in Florida construction?
A formal written notice served under FL Stat 713.06 that informs the property owner and GC that ACG is furnishing labor or materials on their project. It is required to preserve lien rights for parties not in direct contract with the owner.
When must ACG serve the NTO?
Within 45 days of first furnishing any labor or materials. The clock starts on Day 1 of mobilization or first material delivery, not subcontract signing.
Who receives the Florida NTO?
The property owner, the general contractor, and the construction lender (if any). Names and addresses are pulled from the Notice of Commencement recorded in county official records.
Does ACG serve a NTO on every project?
Yes — without exception on every Florida private commercial project. ACG's project setup procedure includes NTO service as a Day 1 task.
What happens if ACG misses the 45-day deadline?
ACG loses lien rights for work furnished in the period before NTO service. A late NTO preserves rights going forward only. ACG's early-service practice eliminates this risk.
Does the NTO apply to public projects?
No. On public projects, ACG has bond claim rights, not lien rights. ACG serves a Notice of Nonpayment on the payment bond surety within the required deadline if payment issues arise on public work.
What is the difference between the NTO and a construction lien?
The NTO is a prerequisite notice that preserves the right to file a lien. It does not create a lien. A construction lien is recorded in the county official records after non-payment, and must be recorded within 90 days of final furnishing.
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ACG runs compliant payment protection procedures on every Florida project — NTO service, joint checks where appropriate, and proper lien documentation throughout. FL CGC #1531993. $3M/$6M bonding. 350+ projects.