NoticeSent

Fla. Stat. §713.23(1)(d) · payment-bond jobs · free form

Florida Notice of Nonpayment — the sworn notice that keeps a bond claim alive.

On a bonded job, a lienor who has not been paid must, as a condition precedent to recovering under the payment bond, serve a written notice of nonpayment on the contractor and a copy on the surety (§713.23(1)(d)). The notice must be under oath, may be served during the work or after, and may not be served later than 90 days after the lienor's final furnishing (measured from the last day of furnishing, not a certificate of occupancy). A notice that includes retainage must state the retainage portion. This generator prints the statutory form with your figures; you sign it before a notary.

§ 01
The statutory form, filled in

Contractor and surety addressees, the three numbered statements, the declaration, and the Florida notary block — the text §713.23(1)(d) sets out.

§ 02
You sign before a notary

The notice must be under oath. Physical or online notarization both work; the form carries the boxes for either.

§ 03
We certified-mail the signed copy

Upload the notarized PDF and we mail it certified to the contractor and the surety — $39 flat for both pieces, tracking captured, permanent archive.

Lienor (you)
Printed under the signature line; the return address when mailed.
Contractor (served with the notice)
Surety (served with a copy)
From the payment bond attached to the Notice of Commencement; you may demand a copy under §713.23(1)(b).
The claim (as of today)

§713.23(1)(d): a notice that includes retainage must specify the retainage portion.

One email with the PDF attached. No account, no newsletter.

What the statute also says
  • Both notices — the notice to contractor (a timely Notice to Owner served on the contractor satisfies it) and this notice of nonpayment — must be given before an action on the bond (§713.23(1)(e)).
  • An action against the contractor or surety must be brought within 1 year after the lienor's last furnishing (§713.23(1)(e)); a contractor may shorten that to 60 days by recording and serving a notice of contest.
  • Negligent errors that do not prejudice the contractor or surety do not defeat an otherwise valid claim; a willfully exaggerated notice forfeits bond rights (§713.23(1)(d)).
  • Unpaid retainage of 10 percent or less is not a nonpayment that requires this notice (§713.23(1)(d)).

Source: Fla. Stat. §713.23 — Payment bond (leg.state.fl.us). Serving a preliminary notice on this job? Florida Notice to Owner — $39.

NoticeSent is a document preparation and mailing service, not a law firm, and does not give legal advice; whether a bond claim exists, and its deadlines on your job, are questions for the statute and your attorney. The generator fills the statutory form with the values you enter and adds nothing.

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