If you are working on a Florida government project, the standard Notice to Owner process does not apply. Government-owned property cannot be liened. But you still have payment protections.
Why the NTO does not apply
Florida's Construction Lien Law allows liens against private real property. Government-owned property is exempt under sovereign immunity. Since you cannot lien the property, the NTO serves no purpose.
What protects you instead: the payment bond
On public projects, the general contractor must obtain a payment bond under Florida Statute 255.05. It provides a source of funds to pay subcontractors if the GC fails to pay.
Notice requirements on bonded public projects
To claim against the payment bond, you must serve written notice on the general contractor within 90 days of your last day of furnishing. This notice has different content, deadlines, and recipients than the private-project NTO.
How to know if your project is public or private
If the property is owned by a government entity, it is a public project. If privately owned, the NTO and lien process applies, even if the project is publicly funded.
When it gets complicated
Public-private partnerships blur the line. If unsure, consult a construction attorney or file both an NTO and a bond notice.
SimpleNTO is a document preparation service, not a law firm. This article is for informational purposes only and does not constitute legal advice.
