Florida Statute 713.13 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.13

713.13 Notice of commencement.—

(1)(a) Except for an improvement that is exempt under s. 713.02(5), an owner or the owner’s authorized agent before actually commencing to improve any real property, or recommencing completion of any improvement after default or abandonment, whether or not a project has a payment bond complying with s. 713.23, shall record a notice of commencement in the clerk’s office and post either a certified copy thereof or a notarized statement that the notice of commencement has been filed for recording along with a copy thereof. The notice of commencement must contain all of the following information:

1. A description sufficient for identification of the real property to be improved. The description must include the legal description of the property and the street address and tax folio number of the property if available or, if the street address is not available, such additional information as will describe the physical location of the real property to be improved.

2. A general description of the improvement.

3. The name and address of the owner, the owner’s interest in the site of the improvement, and the name and address of the fee simple titleholder, if other than such owner. A lessee who contracts for the improvements is an owner as defined in s. 713.01 and must be listed as the owner together with a statement that the ownership interest is a leasehold interest.

4. The name and address of the contractor.

5. The name and address of the surety on the payment bond under s. 713.23, if any, and the amount of such bond.

6. The name and address of any person making a loan for the construction of the improvements.

7. The name and address within the state of a person other than himself or herself who may be designated by the owner as the person upon whom notices or other documents may be served under this part; and service upon the person so designated constitutes service upon the owner.

(b) The owner, at his or her option, may designate a person in addition to himself or herself to receive a copy of the lienor’s notice as provided in s. 713.06(2)(b), and if he or she does so, the name and address of such person must be included in the notice of commencement.

(c) If the contract between the owner and a contractor named in the notice of commencement expresses a period of time for completion for the construction of the improvement greater than 1 year, the notice of commencement must state that it is effective for a period of 1 year plus any additional period of time. Any payments made by the owner after the expiration of the notice of commencement are considered improper payments.

(d) A notice of commencement must be in substantially the following form:

Permit No. Tax Folio No.

NOTICE OF COMMENCEMENT

State of

County of

The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement.

1. Description of property: (legal description of the property, and street address if available) .

2. General description of improvement: .

3. Owner information or Lessee information if the Lessee contracted for the improvement:

a. Name and address: .

b. Interest in property: .

c. Name and address of fee simple titleholder (if different from Owner listed above): .

4.a. Contractor: (name and address) .

b. Contractor’s phone number: .

5. Surety (if applicable, a copy of the payment bond is attached):

a. Name and address: .

b. Phone number: .

c. Amount of bond: $ .

6.a. Lender: (name and address) .

b. Lender’s phone number: .

7. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes:

a. Name and address: .

b. Phone numbers of designated persons: .

8.a. In addition to himself or herself, Owner designates of to receive a copy of the Lienor’s Notice as provided in Section 713.13(1)(b), Florida Statutes.

b. Phone number of person or entity designated by owner: .

9. Expiration date of notice of commencement (the expiration date will be 1 year after the date of recording unless a different date is specified) .

WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE SITE OF THE IMPROVEMENT BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.

(Signature of Owner or Lessee, or Owner’s or Lessee’s Authorized Officer/Director/Partner/Manager)

(Signatory’s Title/Office)

The foregoing instrument was acknowledged before me by means of ☐ physical presence or sworn to (or affirmed) by ☐ online notarization this day of , (year) , by (name of person) as (type of authority, . . . e.g. officer, trustee, attorney in fact) for (name of party on behalf of whom instrument was executed) .

(Signature of Notary Public - State of Florida)

(Print, Type, or Stamp Commissioned Name of Notary Public)

Personally Known OR Produced Identification

Type of Identification Produced

(e) A copy of any payment bond must be attached at the time of recordation of the notice of commencement. The failure to attach a copy of the bond to the notice of commencement when the notice is recorded negates the exemption provided in s. 713.02(6). However, if a payment bond under s. 713.23 exists but was not attached at the time of recordation of the notice of commencement, the bond may be used to transfer any recorded lien of a lienor except that of the contractor by the recordation and service of a notice of bond pursuant to s. 713.23(2). The notice requirements of s. 713.23 apply to any claim against the bond; however, the time limits for serving any required notices shall, at the option of the lienor, be calculated from the dates specified in s. 713.23 or the date the notice of bond is served on the lienor.

(f) The giving of a notice of commencement is effective upon the filing of the notice in the clerk’s office.

(g) The owner must sign the notice of commencement and no one else may be permitted to sign in his or her stead.

(h) The authority issuing a building permit must accept a recorded notice of commencement from an owner or the owner’s authorized agent if the notice of commencement is in the form provided in paragraph (d).

(2) If the improvement described in the notice of commencement is not actually commenced within 90 days after the recording thereof, such notice is void and of no further effect.

(3) The recording of a notice of commencement does not constitute a lien, cloud, or encumbrance on real property, but gives constructive notice that claims of lien under this part may be recorded and may take priority as provided in s. 713.07. The posting of a copy does not constitute a lien, cloud, or encumbrance on real property, nor actual or constructive notice of any of them.

(4) This section does not apply to an owner who is constructing improvements described in s. 713.04.

(5)(a) A notice of commencement that is recorded within the effective period may be amended to extend the effective period, change erroneous information in the original notice, or add information that was omitted from the original notice. However, in order to change contractors, a new notice of commencement or notice of recommencement must be executed and recorded.

(b) The amended notice must identify the official records book and page where the original notice of commencement is recorded, and a copy of the amended notice must be served by the owner upon the contractor and each lienor who serves notice before or within 30 days after the date the amended notice is recorded.

(6) Unless otherwise provided in the notice of commencement or a new or amended notice of commencement, a notice of commencement is not effectual in law or equity against a conveyance, transfer, or mortgage of or lien on the real property described in the notice, or against creditors or subsequent purchasers for a valuable consideration, after 1 year after the date of recording the notice of commencement.

(7) A lender must, prior to the disbursement of any construction funds to the contractor, record the notice of commencement in the clerk’s office as required by this section; however, the lender is not required to post a certified copy of the notice at the construction site. The posting of the notice at the construction site remains the owner’s obligation. The failure of a lender to record the notice of commencement as required by this subsection renders the lender liable to the owner for all damages sustained by the owner as a result of the failure. Whenever a lender is required to record a notice of commencement, the lender shall designate the lender, in addition to others, to receive copies of notices to owner. This subsection does not give any person other than the owner a claim or right of action against a lender for failure to record a notice of commencement.

History.—s. 1, ch. 63-135; s. 9, ch. 65-456; s. 35, ch. 67-254; s. 14, ch. 77-353; s. 7, ch. 80-97; s. 4, ch. 88-397; s. 6, ch. 90-109; s. 2, ch. 91-102; s. 4, ch. 96-383; s. 1766, ch. 97-102; s. 14, ch. 98-246; s. 6, ch. 2001-211; s. 9, ch. 2005-227; s. 8, ch. 2007-221; s. 2, ch. 2011-212; s. 5, ch. 2012-211; s. 6, ch. 2023-226.

Note.—Former s. 84.131.

F.S. 713.13 on Google Scholar

F.S. 713.13 on CourtListener

Amendments to 713.13

Annotations, Discussions, Cases:

Cases Citing Statute 713.13

Total Results: 45

Symons Corp. v. Tartan-Lavers Delray Beach

456 So. 2d 1254

District Court of Appeal of Florida | Filed: Sep 26, 1984 | Docket: 1732045

Cited 23 times | Published

in the notice of commencement prescribed by Section 713.13, mandating that owners must record a notice

FLORIDA STEEL v. Adaptable Developments

503 So. 2d 1232, 12 Fla. L. Weekly 19, 1986 Fla. LEXIS 3076

Supreme Court of Florida | Filed: Dec 24, 1986 | Docket: 1453240

Cited 14 times | Published

required to serve a notice on the owner... ." [2] § 713.13, Fla. Stat. (1981), requires an owner to record

Ruocco v. Brinker

380 F. Supp. 432, 1974 U.S. Dist. LEXIS 7707

District Court, S.D. Florida | Filed: Jul 9, 1974 | Docket: 1019862

Cited 13 times | Published

S.A. [13] F.S. § 713.06(1), F.S.A. [14] F.S. § 713.13, F.S.A. [15] F.S. § 713.07(2), F.S.A. [16] 407

MacIntyre v. Green's Pool Service, Inc.

347 So. 2d 1081

District Court of Appeal of Florida | Filed: Jul 6, 1977 | Docket: 1291101

Cited 12 times | Published

upon the "owner or his authorized agent." See Section 713.13(1), Florida Statutes (1971). The other allegations

Viking Builders, Inc. v. Felices

391 So. 2d 302

District Court of Appeal of Florida | Filed: Dec 10, 1980 | Docket: 1173878

Cited 11 times | Published

a written recorded notice of commencement (Section 713.13, Fla. Stat.), and for liens to attach and run

RESNICK DEVELOPERS SOUTH v. Clerici

340 So. 2d 1194

District Court of Appeal of Florida | Filed: Dec 10, 1976 | Docket: 1708982

Cited 9 times | Published

owner, on October 31, 1972, as provided by Section 713.13, Florida Statutes, recorded in the Public Records

Adobe Brick and Supply Co. v. Centex-Winston Corp.

270 So. 2d 755

District Court of Appeal of Florida | Filed: Dec 15, 1972 | Docket: 1293743

Cited 8 times | Published

had been filed by the owner as provided for by § 713.13 Fla. Stat., F.S.A. The basis in the record of

JSL Const. Co. v. Levy

994 So. 2d 394, 2008 WL 4643302

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 2518600

Cited 6 times | Published

notarized oaths and unnotarized oaths. See, e.g., § 713.13, Fla. Stat. (1999); § 713.135, Fla. Stat. (1999)

SOUTHERN COLONIAL MORTG. v. Medeiros

347 So. 2d 736

District Court of Appeal of Florida | Filed: Jun 17, 1977 | Docket: 1291048

Cited 6 times | Published

of commencement. The mortgagees assert that Section 713.13(5), Florida Statutes, prevents any mechanics'

United of Fla., Inc. v. ILLINI FED. S. & L. ASS'N

341 So. 2d 793

District Court of Appeal of Florida | Filed: Jan 12, 1977 | Docket: 1394453

Cited 6 times | Published

County, filed a notice of commencement under Section 713.13, Florida Statutes, on March 14, 1973. Appellant

MURSTEN CONST. CO. v. CES Industries, Inc.

588 So. 2d 1061, 1991 WL 232260

District Court of Appeal of Florida | Filed: Nov 12, 1991 | Docket: 1708504

Cited 5 times | Published

not file a Notice of Commencement pursuant to section 713.13, Florida Statutes (Supp. 1988). The general

Coordinated Constructors v. Florida Fill, Inc.

387 So. 2d 1006, 1980 Fla. App. LEXIS 17569

District Court of Appeal of Florida | Filed: Sep 9, 1980 | Docket: 6834

Cited 5 times | Published

of the notice of commencement, pursuant to Section 713.13, Florida Statutes (1977), and compliance with

American Fire & Cas. Co. v. DAVIS WATER & WASTE IND., INC.

358 So. 2d 225

District Court of Appeal of Florida | Filed: Apr 25, 1978 | Docket: 1691080

Cited 5 times | Published

necessity of filing a notice of commencement under § 713.13 (see subparagraph 4 thereof). This exclusion appears

Bridgeport, Inc. v. Tampa Roofing Co.

903 So. 2d 306, 2005 WL 1345236

District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 1258000

Cited 4 times | Published

not file a notice of commencement pursuant to section 713.13, and neither the owner nor the general contractor

Lacentra Trucking Inc. v. FLAGLER FED. S & L. ASS'N

586 So. 2d 474, 1991 WL 186976

District Court of Appeal of Florida | Filed: Sep 25, 1991 | Docket: 2517363

Cited 4 times | Published

"actual commencement" within the meaning of section 713.13, Florida Statutes (1989). We think that such

Hardrives Co. v. Tri-County Concrete Products

489 So. 2d 1211, 11 Fla. L. Weekly 1346

District Court of Appeal of Florida | Filed: Jun 11, 1986 | Docket: 1528842

Cited 4 times | Published

a notice of commencement in accordance with section 713.13(1), Florida Statutes (1985). The trial court

Continental H. Pks., Inc. v. Golden Triangle Asphalt Paving Co.

291 So. 2d 49

District Court of Appeal of Florida | Filed: Feb 8, 1974 | Docket: 1350676

Cited 4 times | Published

a "Notice of Commencement" as required by F.S. § 713.13, F.S.A. 1971, rendered all payments "improper"

Standard Heating Service v. Guymann Const.

459 So. 2d 1103

District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 1683366

Cited 3 times | Published

construction apparently began on October 16, 1981. See § 713.13, Fla. Stat. (1981). Notice of the bond was served

Royal v. Clemons

394 So. 2d 155

District Court of Appeal of Florida | Filed: Feb 4, 1981 | Docket: 1315372

Cited 3 times | Published

the notice of commencement provided for in Section 713.13, Florida Statutes (1977), and any amount so

Baumgartner Const. Co., Inc. v. Harrell

364 So. 2d 802

District Court of Appeal of Florida | Filed: Nov 14, 1978 | Docket: 462013

Cited 3 times | Published

after abandonment of subdivision improvements. Section 713.13(1), Florida Statutes (1975), requires an owner

Adams v. McDonald

356 So. 2d 864

District Court of Appeal of Florida | Filed: Mar 20, 1978 | Docket: 1478404

Cited 3 times | Published

materialmen or asserting that all such had been paid. Section 713.13, Florida Statutes (1975) requires an owner

WW Gay Mechanical Contractors, Inc. v. Case

275 So. 2d 570, 1973 Fla. App. LEXIS 7079

District Court of Appeal of Florida | Filed: Apr 3, 1973 | Docket: 1726745

Cited 3 times | Published

NESBITT, Associate Judge, concur. NOTES [1] F.S. 713.13, F.S.A. [2] F.S. 713.06(3) (d) (5), F.S.A. [3]

Stock Building Supply of Florida, Inc. v. Soares Da Costa Construction Services, LLC

76 So. 3d 313, 2011 Fla. App. LEXIS 15728, 2011 WL 4578320

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2359588

Cited 2 times | Published

recorded a Notice of Commencement pursuant to section 713.13, Florida Statutes (2004). The Notice acknowledged

Keller v. Newman Sons, Inc.

756 So. 2d 120, 2000 Fla. App. LEXIS 1378, 2000 WL 159071

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1516767

Cited 2 times | Published

commencement under Florida's Construction Lien Law. See § 713.13, Fla. Stat. (Supp. 1998). Strickland arranged

Design Aluminum, Inc. v. DeSanti

521 So. 2d 285, 13 Fla. L. Weekly 601

District Court of Appeal of Florida | Filed: Mar 4, 1988 | Docket: 1348578

Cited 2 times | Published

necessary to complete a Notice to Owner. Indeed, Section 713.13(1)(a), Florida Statutes, requires with Notice

MHB Construction Services, L.L.C. v. RM-NA HB Waterway Shoppes, L.L.C.

74 So. 3d 587, 2011 Fla. App. LEXIS 18666

District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 60303534

Cited 1 times | Published

recorded a notice of commencement pursuant to section 713.13, Florida Statutes (2010). Ultimately, MHB filed

Gulfside Properties Corp. v. Chapman Corp.

737 So. 2d 604, 1999 Fla. App. LEXIS 9508, 1999 WL 525442

District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 1709607

Cited 1 times | Published

notice of commencement as owner as required by section 713.13(1)(g), Florida Statutes (1993), Gulfside could

Federal Deposit Insurance v. Lacentra Trucking, Inc.

157 F.3d 1292, 1998 U.S. App. LEXIS 26781

Court of Appeals for the Eleventh Circuit | Filed: Oct 16, 1998 | Docket: 64060506

Cited 1 times | Published

Greenview Apartments, Ltd. Under Fla. Stat. Ann. § 713.13(l)(a), before “actually commencing” to improve

Mhb Const. v. Rm-Na Hb Waterway Shoppes

74 So. 3d 587

District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 2352971

Published

recorded a notice of commencement pursuant to section 713.13, Florida Statutes (2010). Ultimately, MHB filed

LaSalle Bank National Ass'n v. Blackton, Inc.

59 So. 3d 329, 2011 Fla. App. LEXIS 5670, 2011 WL 1496001

District Court of Appeal of Florida | Filed: Apr 21, 2011 | Docket: 60299687

Published

previously-recorded mortgages. Pursuant to section 713.13, the notice of commencement filed by Independence

Sasso Air Conditioning, Inc. v. United Companies Lending Corp.

742 So. 2d 468, 1999 Fla. App. LEXIS 12526, 1999 WL 743618

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 64791405

Published

necessary to complete a Notice to Owner. Indeed, Section 713.13(l)(a), Florida Statutes, requires with Notice

FDIC v. Greenview Apartments, Ltd.

157 F.3d 1292

Court of Appeals for the Eleventh Circuit | Filed: Oct 16, 1998 | Docket: 394896

Published

Greenview Apartments, Ltd. Under Fla. Stat. Ann. § 713.13(1)(a), before “actually commencing” to improve

FDIC v. Greenview Apartments, Ltd.

157 F.3d 1292

Court of Appeals for the Eleventh Circuit | Filed: Oct 16, 1998 | Docket: 394882

Published

Greenview Apartments, Ltd. Under Fla. Stat. Ann. § 713.13(1)(a), before "actually commencing"

FDIC v. Greenview Apartments, Ltd.

157 F.3d 1292

Court of Appeals for the Eleventh Circuit | Filed: Oct 16, 1998 | Docket: 394882

Published

Greenview Apartments, Ltd. Under Fla. Stat. Ann. § 713.13(1)(a), before "actually commencing"

Scott v. Rolling Hills Place Inc.

688 So. 2d 937, 1996 WL 714018

District Court of Appeal of Florida | Filed: Feb 21, 1997 | Docket: 1787136

Published

GOSHORN and THOMPSON, JJ., concur. NOTES [1] § 713.13, Fla. Stat. (1993). [2] However, the amount Rolling

Fort v. Lopez

580 So. 2d 227, 1991 Fla. App. LEXIS 3908, 1991 WL 66669

District Court of Appeal of Florida | Filed: May 2, 1991 | Docket: 64658982

Published

record a notice of commencement as required by section 713.13(l)(a), Florida Statutes, does not relieve the

Andrea Phenes Designs Unlimited, Inc. v. McClure

554 So. 2d 637, 1989 Fla. App. LEXIS 7320, 1989 WL 155660

District Court of Appeal of Florida | Filed: Dec 28, 1989 | Docket: 64647265

Published

for appellee based upon its interpretation of section 713.13(5), Florida Statutes. The trial court found

Suchman v. National Hauling, Inc.

549 So. 2d 200, 14 Fla. L. Weekly 1701, 1989 Fla. App. LEXIS 4088

District Court of Appeal of Florida | Filed: Jul 18, 1989 | Docket: 64645161

Published

file the notice of commencement required by section 713.-13, Florida Statutes (1983)3 until after the forty-five

Napolitano v. Security First Federal Savings & Loan Ass'n

533 So. 2d 948, 13 Fla. L. Weekly 2566, 1988 Fla. App. LEXIS 5126

District Court of Appeal of Florida | Filed: Nov 23, 1988 | Docket: 64638586

Published

which was granted by the trial court. Under section 713.13, Florida Statutes (1981), an owner or his authorized

McCurry v. Eppolito

506 So. 2d 1110, 12 Fla. L. Weekly 1166, 1987 Fla. App. LEXIS 8169

District Court of Appeal of Florida | Filed: May 6, 1987 | Docket: 64627005

Published

for the recommenced construction, pursuant to Section 713.13, Florida Statutes (1981). See Leiby, Florida

Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. Hart

390 So. 2d 367, 1980 Fla. App. LEXIS 17144

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64578901

Published

file a notice of commencement as required by Section 713.13, which rendered all payments made under the

Combs v. St. Joe Papermakers Federal Credit Union

383 So. 2d 298, 1980 Fla. App. LEXIS 16613

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 64576007

Published

782. No Notice of Commencement as required by Section 713.13, F.S. was recorded by either Trend or the Credit

Wool Wholesale Plumbing Supply, Inc. v. Abdo

365 So. 2d 216, 1978 Fla. App. LEXIS 16871

District Court of Appeal of Florida | Filed: Dec 13, 1978 | Docket: 64567497

Published

owners filed a notice of commencement pursuant to § 713.13, Fla. Stat. (1975). The trial judge dismissed

Acco, Inc. v. Biscayne Federal Savings & Loan Ass'n

352 So. 2d 884, 1977 Fla. App. LEXIS 16748

District Court of Appeal of Florida | Filed: Nov 15, 1977 | Docket: 64561630

Published

mortgagees could not invoke the provisions of Section 713.13(5),1 Florida Statutes (1969), to gain priority

S & S Air Conditioning Co. v. Cantor

343 So. 2d 923, 1977 Fla. App. LEXIS 15518

District Court of Appeal of Florida | Filed: Mar 15, 1977 | Docket: 64557703

Published

construction on the land, as required of them by Section 713.13 Florida Statutes (1975), on which they might