Updated August 2025 | All statutory references in this article reflect the Florida Statutes, Title XL, Chapter 713 (2024 codification)
Serving a valid preliminary notice on time is typically the most important requirement in preserving lien rights. In most states, failing to serve the required preliminary notices will nullify a construction party’s right to file a mechanics lien over a project.
In Florida, most parties must serve a Notice to Owner (NTO). This preliminary notice is required by §713.06(2)(a), Fla. Stat. and must be sent within 45 days of a party’s first furnishing of labor, services, or materials.
Although the statutory duty to certify payments applies to general contractors, it directly affects subcontractors and suppliers. If the general contractor fails to account for all valid NTOs when issuing payment certifications, lower-tier parties risk delayed or lost payments.
The Notice to Owner informs a property owner about the construction party’s involvement in a project and serves as a warning that a mechanics lien may be filed if payment disputes arise. But not all parties are required to serve a Florida NTO. Below are the main exemptions.
Parties Exempt from Serving a Florida Notice to Owner
1. Those with a Direct Contract with the Property Owner
Parties who have a direct contractual relationship with the property owner are exempt from serving an NTO (§713.05, Fla. Stat.). The assumption is that owners are already aware of the contractors they hire.
This also applies if the property owner is also acting as the general contractor—for example, a developer who owns their own construction company.
General contractors hired by an owner’s agent or developer are likewise treated as having a direct contract with the owner. However, best practice is still to serve the NTO to avoid disputes if the owner later claims lack of notice.
2. Laborers Furnishing Only Labor
Laborers are explicitly exempt under §713.05, Fla. Stat.. If your lien claim is based solely on wages for labor provided, you do not need to serve an NTO.
But if you also supply materials in addition to labor, you are no longer considered a laborer for NTO purposes and should serve the notice to protect lien rights.
3. Licensed Professional Claimants
Professionals providing services such as:
- Architect
- Landscape architect
- Interior designer
- Engineer
- Surveyor and mapper
are exempt from serving an NTO (§713.03, Fla. Stat.). These professional claimants may file a lien without serving preliminary notice.
4. Work on Subdivision Improvements
Parties furnishing labor, services, or materials for the platting or improvement of a subdivision are not required to serve an NTO (§713.04, Fla. Stat.).
Since subdivision development can involve multiple parcels, the law assumes that owners are already aware of contracted services.
If unsure whether your project qualifies as subdivision improvement, it is safest to serve the NTO to avoid losing lien rights.
5. Parties Without Lien Rights in Florida
Finally, anyone without lien rights under Florida law is exempt from serving an NTO. This includes:
- Those working on federal projects (covered by the Miller Act, not state lien law). Payment is instead secured by a bond claim.
- General contractors with a direct contract valued at $2,500 or less (§713.02(5), Fla. Stat.).
- Work performed on sovereign tribal lands, which are generally exempt from Florida’s lien laws due to sovereign immunity.
If you fall into any of these categories, serving an NTO is not required.
Best Practice for All Other Parties
If you are uncertain about whether you are exempt, serve the NTO anyway. It not only secures your lien rights but also opens communication with the property owner early in the project.