Florida Statute 713.13 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 713.13

Arrestable Offenses / Crimes under Fla. Stat. 713.13

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.13.

Annotations, Discussions, Cases:

Cases Citing Statute 713.13

Total Results: 20

Trump Endeavor 12, LLC v. Fernich, Inc., Etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-12T00:00:00-07:00

Citation: 216 So. 3d 704, 2017 WL 1363950, 2017 Fla. App. LEXIS 5075

Snippet: copy of such lienor’s notice, as provided in s. 713.13(l)(b), the lienor shall serve a copy of his or

Hiller v. Phoenix Associates of South Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-08T00:00:00-07:00

Citation: 189 So. 3d 272, 2016 WL 1386642, 2016 Fla. App. LEXIS 5404

Snippet: lien is transferred pursuant to this section or s. 713.13(l)(e), an action commenced within 1 year after

Cool Guys, LLC v. Jomar Properties, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-07T00:00:00-08:00

Citation: 84 So. 3d 1076, 2012 WL 716084, 2012 Fla. App. LEXIS 3689

Snippet: lien is transferred pursuant to this section or s. 713.13(1)(e), an action commenced within 1 year after

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-23T00:00:00-08:00

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

Snippet: recorded a notice of commencement pursuant to section 713.13, Florida Statutes (2010). Ultimately, MHB filed…by a notice of commencement pursuant to Section 713.13(l)(a), Florida Statutes: Though the Notice of Commencement… to complete a Notice to Owner. Indeed, Section 713.13(l)(a), Florida Statutes, requires with Notice of…Contrary to MHB’s assertion, we do not read section 713.13, Sasso Air Conditioning, Inc., or any other case…713.10, and to follow MHB’s proposition that section 713.13 abrogates the rights under section 713.10, would

Mhb Const. v. Rm-Na Hb Waterway Shoppes

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-22T23:53:00-08:00

Citation: 74 So. 3d 587

Snippet: recorded a notice of commencement pursuant to section 713.13, Florida Statutes (2010). Ultimately, MHB filed…by a notice of commencement pursuant to Section 713.13(1)(a), Florida Statutes: Though the Notice of Commencement… to complete a Notice to Owner. Indeed, Section 713.13(1)(a), Florida Statutes, requires with Notice of… to MHB's assertion, we do not read section 713.13, Sasso Air Conditioning, Inc., or any other case…and to follow MHB's proposition that section 713.13 abrogates the rights under section 713.10, would

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-05T00:00:00-07:00

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

Snippet: payment bond in compliance with section 713.23. See § 713.13(l)(a), Fla. Stat. (2005). A certified copy of the… to complete a Notice to Owner. Indeed, Section 713.13(l)(a), Florida Statutes, requires with Notice of…completion of the improvement may be recommenced. See § 713.13(l)(a), Fla. Stat. (2005). In the instant case,

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-21T00:00:00-07:00

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

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

JSL Const. Co. v. Levy

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-22T00:00:00-07:00

Citation: 994 So. 2d 394

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

Professional Plast. v. Bridgeport-Strasberg

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-12T00:53:00-07:00

Citation: 940 So. 2d 444

Snippet: reference."[1] In compliance with sections 713.13 and 713.23(1), the bond was attached to the notice

Bridgeport, Inc. v. Tampa Roofing Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-08T00:53:00-07:00

Citation: 903 So. 2d 306

Snippet: file a notice of commencement pursuant to section 713.13, and neither the owner nor the general contractor

Keller v. Newman Sons, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-02-15T23:53:00-08:00

Citation: 756 So. 2d 120

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-22T00:00:00-07:00

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

Snippet: to complete a Notice to Owner. Indeed, Section 713.13(l)(a), Florida Statutes, requires with Notice of…upon the information contained therein. Section 713.13(1)(a), Florida Statutes (1995), provides “[e]xcept

Gulfside Properties Corp. v. Chapman Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-07-15T00:53:00-07:00

Citation: 737 So. 2d 604

Snippet: of commencement as owner as required by section 713.13(1)(g), Florida Statutes (1993), Gulfside could …its claim of lien. Chapman counters that section 713.13(1)(g) requires that the owner must sign the notice…invalid because it was not signed by the owner. See § 713.13(1)(g), Fla. Stat. (1993). It is undisputed in the

Florida Wood Services, Inc. v. Osprey Links Joint Venture

Court: Fla. Dist. Ct. App. | Date Filed: 1998-10-16T00:00:00-07:00

Citation: 720 So. 2d 591, 1998 Fla. App. LEXIS 13166, 1998 WL 727352

Snippet: the recommenced construction, as provided in s. 713.13. Even if we were to find Osprey’s common identity

Scott v. Rolling Hills Place Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-20T23:53:00-08:00

Citation: 688 So. 2d 937

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

Stunkel v. Gazebo Landscaping Design, Inc.

Court: Fla. | Date Filed: 1995-05-11T00:53:00-07:00

Citation: 660 So. 2d 623

Snippet: record of the notice of commencement provided in s. 713.13. (11) "Improvement" means any building

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

Court: Fla. Dist. Ct. App. | Date Filed: 1991-11-11T23:53:00-08:00

Citation: 588 So. 2d 1061

Snippet: file a Notice of Commencement pursuant to section 713.13, Florida Statutes (Supp. 1988). The general contractor

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

Court: Fla. Dist. Ct. App. | Date Filed: 1991-09-25T00:53:00-07:00

Citation: 586 So. 2d 474

Snippet: property. Section 713.13(1)(a), Florida Statutes (1989). Subsection (2) of section 713.13, however, provides…commencement" within the meaning of section 713.13, Florida Statutes (1989). We think that such activity…for a trial on the claims and defenses. Section 713.13 requires an owner of real property to file a notice…survey does not constitute commencement under F.S. 713.13(2). Sheridan, Inc. v. Palchanis, 172 So.2d 872 …were replaced with the text of what is now section 713.13(2) as set out above. Curiously absent in the new

Fort v. Lopez

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-02T00:00:00-07:00

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

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

Andrea Phenes Designs Unlimited, Inc. v. McClure

Court: Fla. Dist. Ct. App. | Date Filed: 1989-12-28T00:00:00-08:00

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

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