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Florida guide · private jobs

Florida notice to owner deadline

On a private Florida job, a subcontractor or supplier must serve a Notice to Owner within 45 days after first furnishing labor, services or materials. Mail it within 40 days and the mailing date counts as service.

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

The deadlines after the notice

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.