The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.18

713.18 Manner of serving documents.—

(1) Unless otherwise specifically provided by law, service of any document permitted or required under this part, s. 255.05, or s. 337.18, or copies thereof when so permitted or required, must be made by one of the following methods:

(a) By hand delivery to the person to be served; if a partnership, to one of the partners; if a corporation, to an officer or director; if a limited liability company, to a member or manager; or to an employee or agent authorized by the partnership, corporation, or limited liability company to receive service of such document.

(b) By common carrier delivery service or by registered, Global Express Guaranteed, or certified mail to the person to be served, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format.

(c) By posting on the site of the improvement if service as provided by paragraph (a) or paragraph (b) cannot be accomplished.

(2) Notwithstanding subsection (1), service of a notice to owner or a preliminary notice to contractor under this part, s. 255.05, or s. 337.18 is effective as of the date of mailing and the requirements for service under this section have been satisfied if all of the following requirements have been met:

(a) The notice is mailed by registered, Global Express Guaranteed, or certified mail, with postage prepaid, to the person to be served and addressed as prescribed in subsection (3).

(b) The notice is mailed within 40 days after the date the lienor first furnishes labor, services, or materials.

(c)1. The person who served the notice maintains a mail log that shows the registered or certified mail number issued by the United States Postal Service, the name and address of the person served, and the date stamp of the United States Postal Service confirming the date of mailing; or

2. The person who served the notice maintains tracking records approved or generated by the United States Postal Service containing the postal tracking number and verification of the date of receipt by the United States Postal Service.

(3)(a) Notwithstanding subsection (1), service of a document under this section is effective on the date of mailing or shipping, and the requirements for service under this section have been satisfied, if the document meets both of the following requirements:

1. It is sent to the last address shown in the notice of commencement or any amendment thereto or, in the absence of a notice of commencement, to the last address shown in the building permit application, or to the last known address of the person to be served.

2. It is returned as being “refused,” “moved, not forwardable,” or “unclaimed,” or is otherwise not delivered or deliverable through no fault of the person serving the document.

(b) If the address shown in the notice of commencement or any amendment thereto, or, in the absence of a notice of commencement, in the building permit application, is incomplete for purposes of mailing or delivery, the person serving the document may complete the address and properly format it according to United States Postal Service addressing standards using information obtained from the property appraiser or another public record without affecting the validity of service under this section.

(4) A document served by a lienor on one owner or one partner of a partnership owning the real property is deemed served on all owners and partners.

History.—s. 1, ch. 63-135; s. 11, ch. 65-456; s. 35, ch. 67-254; s. 10, ch. 87-405; s. 11, ch. 90-109; s. 7, ch. 96-383; s. 1768, ch. 97-102; s. 5, ch. 98-135; s. 7, ch. 99-386; ss. 7, 12, ch. 2001-211; s. 20, ch. 2003-2; s. 3, ch. 2006-187; s. 11, ch. 2007-221; s. 9, ch. 2012-211; s. 9, ch. 2023-226.

Note.—Former s. 84.181.

F.S. 713.18 on Google Scholar

F.S. 713.18 on Casetext

Amendments to 713.18

Arrestable Offenses / Crimes under Fla. Stat. 713.18

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.18.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STOCK BUILDING SUPPLY OF FLORIDA, INC. d b a K A v. SOARES DA COSTA CONSTRUCTION SERVICES, LLC,, 76 So. 3d 313 (Fla. Dist. Ct. App. 2011)

. . . On August 15, 2005, the Owner recorded a Notice of Commencement pursuant to section 713.18, Florida Statutes . . .

GULFSIDE PROPERTIES CORPORATION, a v. CHAPMAN CORPORATION,, 737 So. 2d 604 (Fla. Dist. Ct. App. 1999)

. . . information contained in the building permit application to serve the notice to owner); see also § 713.18 . . .

RITE- WAY PAINTING PLASTERING, INC. a v. TETOR, 582 So. 2d 15 (Fla. Dist. Ct. App. 1991)

. . . . § 713.18(l)(b), Fla.Stat. (1987). . . .

THE FLORIDA BAR In ADVISORY OPINION- NONLAWYER PREPARATION OF NOTICE TO OWNER AND NOTICE TO CONTRACTOR, 544 So. 2d 1013 (Fla. 1989)

. . . . § 713.18 and includes actual delivery, mailing by certified or registered mail, or, if the above cannot . . .

COASTAL CAISSON DRILL CO. INC. v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,, 523 So. 2d 791 (Fla. Dist. Ct. App. 1988)

. . . and clearly could have included express provisions for individual waiver, just as it did in chapter 713.18 . . .

GATOR CULVERT COMPANY, v. SNAPP, d b a B. A. T. d b a T. N. T., 467 So. 2d 766 (Fla. Dist. Ct. App. 1985)

. . . owner in his Notice of Commencement for service of such notices) was sufficient to comply with section 713.18 . . .

CARUSO INTERNATIONAL, N. V. INC. a v. A- A WATERPROOFING INSULATION, INC. a, 466 So. 2d 1178 (Fla. Dist. Ct. App. 1985)

. . . Hoenstine, 417 So.2d 1137 (Fla. 5th DCA 1982); Sections 713.18 and 713.31(1), Florida Statutes (1981) . . .

INLAND MATERIALS, INC. a v. SUPERIOR AIRCRAFT HANGARS, INC. a, 464 So. 2d 1320 (Fla. Dist. Ct. App. 1985)

. . . insufficient because it did not allege that the lessee received the claim of lien as required by section 713.18 . . . Section 713.18(l)(c), Florida Statutes, reads as follows: "Services of notices, claims of lien, affidavits . . .

KMS OF FLORIDA CORPORATION, v. BRITTANY- MELBOURNE I, LIMITED,, 466 So. 2d 1 (Fla. Dist. Ct. App. 1985)

. . . that this was sufficient to establish service and delivery of the claim of lien as required by section 713.18 . . .

SYMONS CORPORATION, v. TARTAN- LAVERS DELRAY BEACH, INC. d b a, 456 So. 2d 1254 (Fla. Dist. Ct. App. 1984)

. . . For serving its Notice to Owner, Symons utilized one of the methods prescribed in Section 713.18, as . . . Section 713.18(l)(c), Florida Statutes (1983). . . .

BLOSAM CONTRACTORS, INC. a k a a a v. JOYCE, d b a, 451 So. 2d 545 (Fla. Dist. Ct. App. 1984)

. . . director, managing agent, or business agent, substantially complied with the requirements of section 713.18 . . . mailed by regular mail rather than by certified mail did not render notice defective under section 713.18 . . . Section 713.18(1) provides the following methods for service of notices, claims of lien, affidavits, . . .

BOWEN, d b a v. J. MERLO, 353 So. 2d 668 (Fla. Dist. Ct. App. 1978)

. . . contends that the trial court erred in holding as a matter of law that he did not comply with Section 713.18 . . . lien to the owner by regular mail instead of by certified or registered mail as required by Section 713.18 . . .

S S AIR CONDITIONING COMPANY, a v. A. CANTOR, 343 So. 2d 923 (Fla. Dist. Ct. App. 1977)

. . . that case, a subcontractor attempted to serve such a notice under a different subsection of Section 713.18 . . .

S S AIR CONDITIONING COMPANY, a v. A. CANTOR, 313 So. 2d 422 (Fla. Dist. Ct. App. 1975)

. . . . § 713.18, in that it alleged service of the statutory notice required upon one Arthur Davis who was . . . App.1974, 291 So.2d 49, the court fully discussed Fla.Stat. § 713.18 as to methods of service of the . . .

RUOCCO, v. P. BRINKER,, 380 F. Supp. 432 (S.D. Fla. 1974)

. . . . § 713.18, F.S. A. . . .

CONTINENTAL HOME PARKS, INC. a v. GOLDEN TRIANGLE ASPHALT PAVING CO. a, 291 So. 2d 49 (Fla. Dist. Ct. App. 1974)

. . . . § 713.18, F.S.A. 1971; and second, whether Continental’s failure to file a “Notice of Commencement” . . . Section 713.18, supra, provides that service of all notices required under the mechanics’ lien law shall . . . In our view no version of the foregoing evidence supports a finding of sufficient compliance with § 713.18 . . .

DALY ALUMINUM PRODUCTS, INC. a v. M. STOCKSLAGER R., 244 So. 2d 528 (Fla. Dist. Ct. App. 1970)

. . . Florida Statutes 713.18(1) (c), F.S.A. specifically says that notice shall be by one of the following . . .

HERRON v. HEINER,, 24 F.2d 745 (W.D. Pa. 1927)

. . . In addition, his funeral and other expenses were paid by the trustees, amounting to $713.18. . . .