Florida Statute 713.18 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 713.18

Total Results: 20

FETTIG'S CONSTRUCTION, INC. v. PARADISE PROPERTIES & INTERIORS "LLC"

Court: District Court of Appeal of Florida | Date Filed: 2020-11-04

Snippet: affidavit in accordance with the provisions of section 713.18, Florida Statutes (2019) and therefore was not

FETTIG'S CONSTRUCTION, INC. v. PARADISE PROPERTIES & INTERIORS "LLC"

Court: District Court of Appeal of Florida | Date Filed: 2020-08-12

Snippet: affidavit in accordance with the provisions of section 713.18, Florida Statutes (2019), and therefore was not

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

Court: District Court of Appeal of Florida | Date Filed: 2011-10-05

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

Snippet: recorded a Notice of Commencement pursuant to section 713.18, Florida Statutes (2004). The Notice acknowledged

Gulfside Properties Corp. v. Chapman Corp.

Court: District Court of Appeal of Florida | Date Filed: 1999-07-15

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

Snippet: application to serve the notice to owner); see also § 713.18(1)(b), Fla. Stat. (1993) (providing for service

RITE-WAY PAINTING & PLASTER., INC. v. Tetor

Court: District Court of Appeal of Florida | Date Filed: 1991-05-24

Citation: 582 So. 2d 15, 1991 WL 85552

Snippet: served by certified mail and evidence of delivery. § 713.18(1)(b), Fla. Stat. (1987). The trial court found

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1989-06-01

Citation: 544 So. 2d 1013, 14 Fla. L. Weekly 268, 1989 Fla. LEXIS 504, 1989 WL 57948

Snippet: the contractor. Service is defined in Fla.Stat. § 713.18 and includes actual delivery, mailing by certified

Coastal Caisson Drill v. Amer. Cas. Co.

Court: District Court of Appeal of Florida | Date Filed: 1988-04-22

Citation: 523 So. 2d 791, 13 Fla. L. Weekly 991, 1988 Fla. App. LEXIS 1664, 1988 WL 36063

Snippet: for individual waiver, just as it did in chapter 713.18 concerning mechanic's liens. Towerhouse Condominium

Rutenberg-Sarasota, Ltd. v. Eisner

Court: District Court of Appeal of Florida | Date Filed: 1987-07-08

Citation: 509 So. 2d 398, 12 Fla. L. Weekly 1699, 1987 Fla. App. LEXIS 9269

Snippet: property in accordance with sections 713.08 and 713.-18, Florida Statutes (1985). After Rutenberg-Sarasota

Gator Culvert Co v. Snapp

Court: District Court of Appeal of Florida | Date Filed: 1985-04-10

Citation: 467 So. 2d 766, 10 Fla. L. Weekly 900, 1985 Fla. App. LEXIS 13346

Snippet: notices) was sufficient to comply with section 713.18, Florida Statutes. The trial court erred in concluding

Caruso International, N.V., Inc. v. A-1-A Waterproofing & Insulation, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1985-04-02

Citation: 466 So. 2d 1178, 1985 Fla. App. LEXIS 13234

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

Inland Materials, Inc. v. Superior Aircraft Hangars, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1985-03-14

Citation: 464 So. 2d 1320, 10 Fla. L. Weekly 701, 1985 Fla. App. LEXIS 12983

Snippet: received the claim of lien as required by section 713.18, Florida Statutes.2 The court agreed and held that

KMS of Florida Corp. v. Brittany-Melbourne I, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1985-03-07

Citation: 466 So. 2d 1, 10 Fla. L. Weekly 625, 1985 Fla. App. LEXIS 12647

Snippet: delivery of the claim of lien as required by section 713.18(l)(c), Florida Statutes. REVERSED AND REMANDED

Symons Corp. v. Tartan-Lavers Delray Beach

Court: District Court of Appeal of Florida | Date Filed: 1984-09-26

Citation: 456 So. 2d 1254

Snippet: utilized one of the methods prescribed in Section 713.18, as follows: By mailing the same, postage prepaid

Blosam Contractors, Inc. v. Joyce

Court: District Court of Appeal of Florida | Date Filed: 1984-06-20

Citation: 451 So. 2d 545

Snippet: with appellants, which we do not, that section 713.18(1) provides the exclusive means for service of

Bowen v. Merlo

Court: District Court of Appeal of Florida | Date Filed: 1978-01-06

Citation: 353 So. 2d 668

Snippet: matter of law that he did not comply with Section 713.18, Florida Statutes, the Mechanics' Lien Law, on

S & S Air Conditioning Co. v. Cantor

Court: District Court of Appeal of Florida | Date Filed: 1977-03-15

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

Snippet: notice under a different subsection of Section 713.18, which provided as an alternate method of service

Greer v. Estate of Smith

Court: District Court of Appeal of Florida | Date Filed: 1977-02-11

Citation: 342 So. 2d 1007

Snippet: with a portion of the mechanic's lien law, Section 713.18(1)(c), Florida Statutes, which required mailing

S & S Air Conditioning Co. v. Cantor

Court: District Court of Appeal of Florida | Date Filed: 1975-06-03

Citation: 313 So. 2d 422, 1975 Fla. App. LEXIS 14812

Snippet: failed to comply with the provisions of Fla.Stat. § 713.18, in that it alleged service of the statutory notice

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

Court: District Court of Appeal of Florida | Date Filed: 1974-02-08

Citation: 291 So. 2d 49

Snippet: to Owner" on Continental as required by F.S. § 713.18, F.S.A. 1971; and second, whether Continental's

Daly Aluminum Products, Inc. v. Stockslager

Court: District Court of Appeal of Florida | Date Filed: 1970-12-11

Citation: 244 So. 2d 528

Snippet: has paid the primary contractor. Florida Statutes 713.18(1) (c), F.S.A. specifically says that notice shall