Florida Notice to Owner for Roofing Contractors
Roofing projects in Florida can move at lightning speed, with crews often tearing off and reshingle a residential roof in just a day. The state's intense storm season and the resulting surge in insurance-driven reroof projects mean roofers are constantly on the move. This rapid pace, combined with the high volume of work, often leads to missed preliminary notices. Roofers, especially those dealing with storm-damage repairs, frequently find themselves burned when payments are delayed or disputed because they didn't send a Notice to Owner in time. The unique challenges of the roofing trade make it essential to stay on top of these notices to secure payment rights.
Florida offers no second chances. A missing or late Notice to Owner does not reduce your lien coverage — it eliminates it entirely. Unlike California or Arizona, Florida has no rolling-window protection. Serve the notice or lose the right.
The Deadline
| Notice type | Notice to Owner (NTO) |
| Governing statute | Fla. Stat. § 713.06(2)(c) |
| Deadline | 45 days from first furnishing of labor, services, or materials |
The deadline is strictly enforced. There is no judicial discretion for a missed notice under Florida law.
When Does the Clock Start for Roofing Contractors?
Material delivery to the site, such as staging shingle bundles on the driveway, counts as first furnishing even before the crew begins work. Tear-off activities also qualify as furnishing, even if no new materials have been installed yet. A common edge case in roofing is when a crew installs storm tarping or conducts a pre-job sheathing inspection, which can also trigger the notice requirement.
The exact legal definition of "first furnishing" is set by Fla. Stat. § 713.06(2)(c). This operational description does not substitute for the statutory definition.
Worked Example: Tampa — storm-damage asphalt shingle reroof on a 2,400 sq ft residential home
A Tampa-based roofing subcontractor was hired for a storm-damage asphalt shingle reroof on a 2,400 sq ft residential home. The general contractor coordinated with the homeowner, while the roofing sub focused on the labor and materials. On the furnishing day, the crew delivered shingle bundles and staged them on the lawn, ready for the next day's tear-off. However, the subcontractor did not send a Notice to Owner that day or in the following week, assuming the GC had it covered.
| Event | Date |
|---|---|
| First furnishing | March 10, 2025 |
| Notice must be served by | April 24, 2025 |
| Deadline | 45 calendar days (Fla. Stat. § 713.06(2)(c)) |
If the notice is not in the owner's hands by April 24, 2025, lien rights are gone — regardless of how much work was completed or how much remains unpaid.
Three Ways Florida Roofing Contractors Lose Their Lien Rights
1. Misinterpreting Tear-Off as Pre-Job
Roofing crews often mistake the initial tear-off and material delivery as pre-job activities rather than the start of furnishing. This misunderstanding can lead to missed notice deadlines, jeopardizing payment rights.
2. Storm-Season Volume Overload
During Florida's storm season, roofers juggle multiple reroof jobs simultaneously, causing paperwork like preliminary notices to lag behind actual mobilization. This delay can result in missed deadlines and payment disputes.
3. Insurance-Adjuster Confusion
In insurance-adjuster-driven jobs, roofing subs might believe the adjuster or homeowner will handle the notice paperwork. This assumption is risky, as it can lead to missed notices and compromised payment security.
Who Must File?
Any contractor, subcontractor, sub-subcontractor, laborer, or material supplier who is NOT in direct privity (no direct contract) with the property owner.
Who Is Exempt?
Direct contractors (those with a direct contract with the owner) and laborers who are employed by a direct contractor.
How to Serve the Notice
Written notice must be served in accordance with Fla. Stat. § 713.18, which permits service by certified mail, registered mail, or hand delivery. The notice must be served on the owner, the contractor, and the lender (if any).
Statutory Warning Text
The following text must appear on the notice verbatim. Florida statute requires this warning text to be rendered in ALL CAPITAL LETTERS.
WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO REMOVE YOUR PROPERTY FROM YOUR LAND OR FORECLOSE YOUR PROPERTY IF CERTAIN CONDITIONS ARE NOT SATISFIED. IF YOU FAIL TO NOTIFY US, YOU MAY BE REQUIRED TO PAY TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. TO AVOID SUCH CONSEQUENCES, YOU MUST STRICTLY COMPLY WITH THE TERMS OF FLORIDA'S CONSTRUCTION LIEN LAW.
What Happens When a Florida Roofing Sub Doesn't File
In Orlando, a roofing crew was contracted for a TPO flat roof replacement on a commercial building. On the first day, they began by staging the TPO rolls and other materials on the rooftop, ready to start the tear-off. However, caught in the chaos of the storm season, they assumed the general contractor had handled the notice paperwork. Weeks passed, and the project was completed, but a payment dispute arose when the owner claimed not to have received the necessary notice. The crew, having not sent their own Notice to Owner, found themselves unable to secure their payment, losing thousands in expected revenue.
Roofing-Specific Questions
Does putting shingle bundles on the driveway count as first furnishing — even if the crew hasn't started tear-off yet?
Yes, placing shingle bundles on the driveway typically counts as first furnishing for roofing projects. This is because material delivery to the project site signals the start of work, even if the crew hasn't begun the tear-off. For roofers, this means that the clock for sending a Notice to Owner starts ticking as soon as those bundles hit the ground.
My crew does storm-damage reroofs and the adjuster is still negotiating scope when we start. When does my notice clock start?
The notice clock starts when your crew first accesses the property or when materials are delivered, regardless of the adjuster's timeline. Roofers should be aware that the adjuster's negotiations do not affect the legal requirement to send a Notice to Owner. It's crucial to send the notice based on your actual start date to protect your payment rights.
I subcontract under a prime roofing contractor who has the GC relationship. Do I still need to file my own notice?
Yes, as a subcontractor without direct privity with the owner, you must file your own Notice to Owner. Relying on the prime roofer to protect your rights is a mistake, as the notice must come from you to ensure your payment security. This step is critical to maintain your lien rights and ensure you get paid for your work.
Florida Notice to Owner: Standard FAQs
Roofers often face unique challenges when it comes to preliminary notices in Florida.
When exactly must I file a Florida Notice to Owner?
Florida Statute § 713.06 requires serving the notice within 45 calendar days of the date you first furnish labor or materials to the project. The deadline is strictly enforced. Consult a Florida construction attorney for guidance on exceptions.
This is general information based on Florida statutes, not legal advice.
Who is legally required to file a Notice to Owner in Florida?
Florida law requires anyone who is not in direct contract with the property owner (privity) to serve a Notice to Owner. This typically includes subcontractors and material suppliers. Direct contractors are generally exempt.
This is general information based on Florida statutes, not legal advice.
Does the Florida Notice to Owner need to be notarized?
No, the statute does not require the Notice to Owner to be notarized. However, it must be served via a legally permitted method, such as USPS Certified Mail, to prove delivery.
This is general information based on Florida statutes, not legal advice.
See the Full State Deadline Guide
For a complete breakdown of all filing requirements, project-type rules, and deadlines, see the Florida Notice to Owner guide.
File the Moment You Mobilize
LienFlash automates Florida Notice to Owner filing for roofing subcontractors. Send it the day shingle bundles hit the driveway — before tear-off begins. Start your first notice →
This page provides general information about Florida's construction lien law and is not legal advice. Consult a licensed Florida construction attorney for guidance on your specific situation.