Florida Notice Requirements

Private Works — Notice to Owner (§713.06)

Under Florida law, a lienor who is not in direct privity with the owner must serve a written Notice to Owner before commencing, or not later than 45 days after commencing, to furnish services or materials. For specially manufactured materials, the notice must be served at the start of manufacture. In any event, the notice must be served before the owner's disbursement of final payment. §713.01(2)(a)3.

Failure to give timely notice is a complete defense to enforcement of the mechanic lien. §713.06(2)(a). The statutory form of notice should be used. §713.06(2)(c). Notice to Owner is effective upon receipt, not mailing. §713.18.

Who Must Serve and Receive the Notice to Owner

The following parties must serve a Notice to Owner, and the notice must also be served on the appropriate recipients:

• Subcontractors not in direct privity with the owner must serve the owner
• Sub-subcontractors or materialmen to subcontractors must also serve a copy of the notice on the contractor
• Materialmen to sub-subcontractors must serve a copy on both the contractor and the subcontractor (if name and address are known)

Service Methods — All Florida Notices

All Florida mechanic lien and bond notices must be given by one of the following methods:

• Certified mail, return receipt requested
• Hand delivery (actual delivery)
• Posting is permissible only if hand delivery and certified/registered mail cannot be accomplished — and you must have attempted those methods first. §713.18
• If sent registered or certified within 40 days of first furnishing, and a certified mail log is kept with USPS stamp confirming date of mailing, notice is effective as of date of mailing. §713.18(1)(b)1

Sworn Statement of Account on Demand (§713.16)

Upon written demand, a lienor must provide within 30 days a sworn statement of account containing information on the nature and quantity of services and materials, labor amount paid, and amount due. If the lienor fails to provide this statement within 30 days of the demand, the lienor is deprived of its mechanic lien. §713.16(2). The statutory form must be used. §713.16(3).

Impact of the Notice of Commencement

The Notice of Commencement is a document recorded by the property owner before construction begins. It identifies the owner, contractor, lender, and legal description of the property. Subcontractors and suppliers rely on the Notice of Commencement to identify the parties who must receive the Notice to Owner.

If no Notice of Commencement has been recorded, mechanic lien claimants may still preserve their rights, but the procedural requirements for service may differ.

Private Payment Bond — Notice to Contractor (§713.23)

On private projects where the owner requires a payment bond, a lienor not in privity with the contractor must serve the contractor with a written Notice to Contractor within 45 days after beginning to furnish labor, materials, or supplies (or at start of manufacture for specially manufactured materials). §713.23(1)(c).

If no Notice of Commencement is recorded, or the Notice of Commencement does not refer to the bond, and the lienor is not otherwise notified of the bond's existence, the lienor has 45 days from the date they are notified of the bond to serve the notice. The statutory form should be used.

Private Payment Bond — Notice of Nonpayment (§713.23(1)(d))

As a condition precedent to recovery under a private payment bond, a lienor must serve written Notice of Nonpayment on the contractor and the surety no later than 90 days after the lienor's final furnishing of labor, services, or materials. §713.23(1)(d).

Retainage that does not exceed 10% of the labor, services, or materials furnished is not considered a nonpayment requiring service of this notice. The statutory form should be used. The mechanic lien should be recorded along with the Notice of Nonpayment.

If the bond is a conditional bond (§713.245), the mechanic lien MUST be filed to perfect bond claim rights.

Public Works — Subcontractors in Privity with General Contractor (§255.05)

Under Florida's "Little Miller Act" (§255.05), subcontractors or material suppliers who are in direct privity with the general contractor are not required to serve any preliminary notice or notice of nonpayment on public projects. No mechanic lien can be filed against public property.

Public Works — Claimants NOT in Privity with General Contractor (§255.05)

Claimants not in privity with the prime contractor must serve two notices on public projects:

• Notice of Intent to Look to the Bond: Within 45 days after beginning to furnish labor, materials, or supplies (except specially manufactured materials), the claimant must furnish the prime contractor with written notice of intent to look to the bond for protection. §255.05
• Notice of Nonpayment (Public Property): Within 90 days after performance of the labor or complete delivery of materials and supplies (or for rental equipment, within 90 days after the equipment was last on the job site), but not before 45 days after first furnishing. The claimant must deliver written notice to the contractor and to the surety. §255.05

Public Works — Demand for Sworn Statement

On public projects, the general contractor has the right to serve a demand for sworn statement of account on any bond claimant. If the claimant fails to provide the statement within 30 days of the demand, the claimant's bond claim is lost.

Consequences of Failing to Serve Notice

The consequences of failing to serve timely and proper notices in Florida are severe. Failure to give timely Notice to Owner is a complete defense to enforcement of the mechanic lien. §713.06(2)(a). Any waiver of a right to claim a mechanic lien that is made in advance is unenforceable. §713.20(2).