When must a Florida private-bond claimant serve notice of nonpayment?

Obtain the actual statutory private payment bond and its recording history.

Preserve the lienor’s own final furnishing and any applicable served-bond-copy evidence.

Prepare the sworn notice, serve the contractor and serve the required copy on the surety.

1. Obtain the actual statutory private payment bond and its recording history.
2. Establish whether the bond was recorded before work began and which permitted notice event applies. Section 713.23(1)(d) does not expand the one-year action period in paragraph (e). Review section 713.011 separately. This guide computes no date.
3. Preserve the actual statutory holidays, clerk calendar and qualifying emergency closure records.
4. Complete the required act with the proper court or recipient.

Section 713.011(1) extends a final Saturday, Sunday, specified section 110.117(1) holiday, clerk-observed holiday or chief-judge designated holiday to the next business day. Subsection (2) separately addresses emergency clerk closure preventing in-person recording or filing. On reopening, its period extends by the number of closed days. Preserve the actual calendar and closure records. Do not add that tolling automatically to noncourt service.

The final-furnishing preset omits the unrecorded-bond alternative and the separate preliminary notice. It cannot establish sworn contents, contractor service or the surety copy. No computed or paid private-bond notice date is released.

Final furnishing is the lienor’s own actual event

Section 713.01(12) uses the lienor’s last furnishing of labor, services or materials. Certificates of occupancy or final completion do not replace that event. Correcting deficiencies in previously performed work or supplied materials does not qualify. Rental equipment uses its last on-site availability for use.

A missing prework bond recording permits a stated notice alternative

If the bond was not recorded before work began, paragraph (d) permits the served-bond-copy event for its stated notice period. That alternative does not extend the paragraph (e) action limit. Preserve actual recording and bond-copy service, rather than inferring them from project completion.

A preliminary notice can still be required

Paragraph (c) requires its preliminary notice to contractor for the specified nonprivity lienors, except laborers. It ordinarily uses forty-five days after first furnishing. Its unrecorded-bond branch uses served bond-copy evidence. Timely notice to owner served on the contractor satisfies the stated substitute.

Retainage and sworn accuracy have express qualifications

Paragraph (d) requires any retainage portion to be specified separately. The retainage exception uses ten percent of the value furnished by that lienor. Fraudulent exaggeration or omission has separate consequences. Minor errors and good-faith disputes have different treatment. Establish the actual claimed amount and sworn facts.

Mailing does not establish every statutory service event

Section 713.18 states the permitted recipients and service methods. Its early-mailing notice branch has separate forty-day and postal-proof requirements. Its other mailing or shipping branch requires the stated correct address and no-fault undeliverable return. Preserve actual delivery or the complete applicable deemed-service proof.

The construction-lien statute has its own time provisions

Section 713.011(1) extends a qualifying final weekend or holiday to the next business day. Subsection (2) separately tolls recording and court-filing periods during its qualifying emergency clerk closure. Preserve the actual clerk calendar and closure history. The current single-date preset does not implement that statutory history.

• This guide does not establish lien entitlement, valid notice, sworn amounts, completed service or recording, a timely action or an actual judicial ruling.
• Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.

• Obtain the actual statutory private payment bond and its recording history.
• Preserve the lienor’s own final furnishing and any applicable served-bond-copy evidence.
• Prepare the sworn notice, serve the contractor and serve the required copy on the surety.
• Section 713.01(12) uses the lienor’s last furnishing of labor, services or materials. Certificates of occupancy or final completion do not replace that event. Correcting deficiencies in previously performed work or supplied materials does not qualify. Rental equipment uses its last on-site availability for use.
• If the bond was not recorded before work began, paragraph (d) permits the served-bond-copy event for its stated notice period. That alternative does not extend the paragraph (e) action limit. Preserve actual recording and bond-copy service, rather than inferring them from project completion.
• Paragraph (c) requires its preliminary notice to contractor for the specified nonprivity lienors, except laborers. It ordinarily uses forty-five days after first furnishing. Its unrecorded-bond branch uses served bond-copy evidence. Timely notice to owner served on the contractor satisfies the stated substitute.
• Paragraph (d) requires any retainage portion to be specified separately. The retainage exception uses ten percent of the value furnished by that lienor. Fraudulent exaggeration or omission has separate consequences. Minor errors and good-faith disputes have different treatment. Establish the actual claimed amount and sworn facts.
• Section 713.18 states the permitted recipients and service methods. Its early-mailing notice branch has separate forty-day and postal-proof requirements. Its other mailing or shipping branch requires the stated correct address and no-fault undeliverable return. Preserve actual delivery or the complete applicable deemed-service proof.
• Section 713.011(1) extends a qualifying final weekend or holiday to the next business day. Subsection (2) separately tolls recording and court-filing periods during its qualifying emergency clerk closure. Preserve the actual clerk calendar and closure history. The current single-date preset does not implement that statutory history.
• Section 713.23(1)(d) requires the nonpayment notice under oath and its prescribed contents and recipients. It covers the payments described and subsequent payments. Preserve separate preliminary-notice compliance under paragraph (c), actual service and the action history under paragraph (e).