Florida Statutes
Fla. Stat. § 713.18 (2025)
Manner of serving documents.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 17
cases, 1974–2020 · leading case: Symons Corp. v. Tartan-Lavers Delray Beach, 456 So. 2d 1254 (Fla. 4th DCA 1984).
Symons Corp. v. Tartan-Lavers Delray Beach, 456 So. 2d 1254 (Fla. 4th DCA 1984). “For serving its Notice to Owner, Symons utilized one of the methods prescribed in Section 713.18, as follows: By mailing the same, postage prepaid, by registered or certified mail to the person to be served at his last known address and evidence of delivery.”
Blosam Contractors, Inc. v. Joyce, 451 So. 2d 545 (Fla. 2d DCA 1984). “Even if we agreed with appellants, which we do not, that section 713.18(1) provides the exclusive means for service of the notices required in section 255.”
Bowen v. Merlo, 353 So. 2d 668 (Fla. 1st DCA 1978). “Appellant contends that the trial court erred in holding as a matter of law that he did not comply with Section 713.18, Florida Statutes, the Mechanics' Lien Law, on grounds that he mailed his claim of lien to the owner by regular mail instead of by certified or registered mail…”
Rite-way Painting & Plaster., Inc. v. Tetor, 582 So. 2d 15 (Fla. 2d DCA 1991). “§ 713.18(1)(b), Fla. Stat. (1987). The trial court found that Rite-Way commenced providing labor and/or material to the project on November 16, 1988.”
Ruocco v. Brinker, 380 F. Supp. 432 (S.D. Fla. 1974). “7 After a claim of lien is recorded, a copy must be served on the owner in the manner set forth in F.S. § 713.18, F.S. A. 8 The Florida statutes provide that a mechanics’ or materialman’s lien may be discharged in a number of ways.”
Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011). “On August 15, 2005, the Owner recorded a Notice of Commencement pursuant to section 713.18, Florida Statutes (2004). The Notice acknowledged that no payment bond had been provided for the Project.”
Cont'l H. Pks., Inc. v. Golden Triangle Asphalt Paving Co., 291 So. 2d 49 (Fla. 2d DCA 1974). “The only issues at trial were: First, whether Golden Triangle properly served a "Notice to Owner" on Continental as required by F.S. § 713.18, F.S.A. 1971; and second, whether Continental's failure to file a "Notice of Commencement" as required by F.”
Florida Bar, 544 So. 2d 1013 (Fla. 1989). “Service is defined in Fla.Stat. § 713.18 and includes actual delivery, mailing by certified or registered mail, or, if the above cannot be accomplished, posting on the premises.”
S & S Air Conditioning Co. v. Cantor, 343 So. 2d 923 (Fla. 3d DCA 1977). “In that case it was held that delivery to an employee of the corporation who was not an officer, director or its managing or business agent was not a valid actual delivery service under the statute.”
Greer v. Est. of Smith, 342 So. 2d 1007 (Fla. 4th DCA 1977). “Stockslager, supra, which dealt with a portion of the mechanic's lien law, Section 713.18(1)(c), Florida Statutes, which required mailing of notice by "registered mail or certified mail".”
Fettig's Constr., Inc. v. Paradise Props. & Interiors \llc\"" (Fla. 4th DCA 2020). “The trial court concluded that petitioner failed to properly serve the claim of lien or contractor’s affidavit in accordance with the provisions of section 713.18, Florida Statutes (2019), and therefore was not within the applicable statute of limitations.”
Fettig's Constr., Inc. v. Paradise Props. & Interiors \llc\"" (Fla. 4th DCA 2020). “The trial court concluded that petitioner failed to properly serve the claim of lien or contractor’s affidavit in accordance with the provisions of section 713.18, Florida Statutes (2019) and therefore was not within the applicable statute of limitations.”
— 713.18(1) — 1 case
Blosam Contractors, Inc. v. Joyce, 451 So. 2d 545 (Fla. 2d DCA 1984). “Even if we agreed with appellants, which we do not, that section 713.18(1) provides the exclusive means for service of the notices required in section 255.”
— 713.18(1)(b) — 3 cases
Rite-way Painting & Plaster., Inc. v. Tetor, 582 So. 2d 15 (Fla. 2d DCA 1991). “§ 713.18(1)(b), Fla. Stat. (1987). The trial court found that Rite-Way commenced providing labor and/or material to the project on November 16, 1988.”
Bowen v. Merlo, 353 So. 2d 668 (Fla. 1st DCA 1978). “Appellant contends that the trial court erred in holding as a matter of law that he did not comply with Section 713.18, Florida Statutes, the Mechanics' Lien Law, on grounds that he mailed his claim of lien to the owner by regular mail instead of by certified or registered mail…”
Gulfside Props. Corp. v. Chapman Corp., 737 So. 2d 604 (Fla. 1st DCA 1999).
— 713.18(1)(c) — 4 cases
Symons Corp. v. Tartan-Lavers Delray Beach, 456 So. 2d 1254 (Fla. 4th DCA 1984). “For serving its Notice to Owner, Symons utilized one of the methods prescribed in Section 713.18, as follows: By mailing the same, postage prepaid, by registered or certified mail to the person to be served at his last known address and evidence of delivery.”
Blosam Contractors, Inc. v. Joyce, 451 So. 2d 545 (Fla. 2d DCA 1984). “Even if we agreed with appellants, which we do not, that section 713.18(1) provides the exclusive means for service of the notices required in section 255.”
Bowen v. Merlo, 353 So. 2d 668 (Fla. 1st DCA 1978). “Appellant contends that the trial court erred in holding as a matter of law that he did not comply with Section 713.18, Florida Statutes, the Mechanics' Lien Law, on grounds that he mailed his claim of lien to the owner by regular mail instead of by certified or registered mail…”
Greer v. Est. of Smith, 342 So. 2d 1007 (Fla. 4th DCA 1977). “Stockslager, supra, which dealt with a portion of the mechanic's lien law, Section 713.18(1)(c), Florida Statutes, which required mailing of notice by "registered mail or certified mail".”
— 713.18(3)(a) — 2 cases
Fettig's Constr., Inc. v. Paradise Props. & Interiors \llc\"" (Fla. 4th DCA 2020). “The trial court concluded that petitioner failed to properly serve the claim of lien or contractor’s affidavit in accordance with the provisions of section 713.18, Florida Statutes (2019), and therefore was not within the applicable statute of limitations.”
Fettig's Constr., Inc. v. Paradise Props. & Interiors \llc\"" (Fla. 4th DCA 2020). “The trial court concluded that petitioner failed to properly serve the claim of lien or contractor’s affidavit in accordance with the provisions of section 713.18, Florida Statutes (2019) and therefore was not within the applicable statute of limitations.”
— 713.18(l)(c) — 2 cases
Inland Materials, Inc. v. Superior Aircraft Hangars, Inc., 464 So. 2d 1320 (Fla. 2d DCA 1985).
KMS of Florida Corp. v. Brittany-Melbourne I, Ltd., 466 So. 2d 1 (Fla. 5th DCA 1985).
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