Florida Statutes 713.18 – Manner of serving documents
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(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.
Terms Used In Florida Statutes 713.18
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- contractor: includes an architect, landscape architect, or engineer who improves real property pursuant to a design-build contract authorized by…. See Florida Statutes 713.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Improvement: means any building, structure, construction, demolition, excavation, solid-waste removal, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit. See Florida Statutes 713.01
- Lienor: means a person who is:(a) A contractor;(b) A subcontractor;(c) A sub-subcontractor;(d) A laborer;(e) A materialman who contracts with the owner, a contractor, a subcontractor, or a sub-subcontractor; or(f) A professional lienor under…. See Florida Statutes 713.01
- materials: means performance or furnishing by the lienor or by another for him or her. See Florida Statutes 713.01
- Notice of commencement: means the notice recorded as provided in…. See Florida Statutes 713.01
- Owner: means a person who is the owner of any legal or equitable interest in real property, which interest can be sold by legal process, and who enters into a contract for the improvement of the real property. See Florida Statutes 713.01
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- posting: means placing the document referred to on the site of the improvement in a conspicuous place at the front of the site and in a manner that protects the document from the weather. See Florida Statutes 713.01
(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.