Properly delivering your Notice to Owner is just as important as preparing it correctly. Florida Statute 713.06 specifies the acceptable methods of service, and for most subcontractors and suppliers, USPS Certified Mail is the method of choice.
Why certified mail is the standard
While hand delivery is technically an option, it creates a proof problem. Certified mail eliminates disputes by creating a USPS record of when the notice was mailed, when it arrived, and who signed for it.
When the NTO is considered "served"
Under Florida law, the NTO is considered served when it is placed in the mail, not when it is received. Your certified mail receipt showing the date of mailing is your proof of timely service.
Who receives the certified mail
Your NTO must be sent to every required recipient: the property owner, the general contractor, and the surety (if applicable). Each gets their own separately addressed certified mail envelope.
Return receipt requested
Requesting a return receipt provides additional proof that the notice was delivered and who signed for it. While not always explicitly required, having one strengthens your documentation.
What if the certified mail is returned
If properly addressed and mailed, your NTO may still be valid even if the recipient fails to claim it. If the address was incorrect due to your error, the analysis may be different. Document the return and consult an attorney if needed.
How SimpleNTO handles certified mail
SimpleNTO manages the entire certified mail process. We print, address, and send via USPS Certified Mail to every recipient. You receive tracking numbers and delivery confirmation. Your NTO is in the mail within one business day of filing.
SimpleNTO is a document preparation service, not a law firm. This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed Florida construction attorney.
