The rule
Under Fla. Stat. §713.06(2)(a), every lienor not in privity with the owner, except laborers, must serve the notice before starting or not later than 45 days after starting, and in any event before the owner's final payment after the general contractor's final affidavit. Missing it is a complete defense to the lien.
The 40-day mailing rule
§713.18(2) treats the notice as served on the day it is mailed if it goes by certified, registered or Global Express Guaranteed mail within 40 days of first furnishing and you keep a USPS mail log or tracking record. After day 40 it must actually be received by day 45.
Who gets the notice
- Subcontractor or supplier to the general contractor: the owner, plus anyone named in the notice of commencement.
- Sub-subcontractor or supplier to a subcontractor: the owner, plus a copy to the general contractor.
The deadlines after the notice
- Claim of lien: recorded not later than 90 days after your final furnishing (§713.08(5)), and served on the owner within 15 days of recording.
- Suit to enforce: within 1 year after recording, or 60 days after the owner serves a notice of contest (§713.22).
- Prompt pay: late payments on written contracts carry interest at the judgment rate plus 12% a year from the 14th day after payment was due (§715.12).
A Florida time period that ends on a Saturday, Sunday or state holiday runs to the next business day (§713.011). The calculator shows the business day before instead.