The Florida Senate

713.18  Manner of serving notices and other instruments.--

(1)  Service of notices, claims of lien, affidavits, assignments, and other instruments permitted or required under this part, or copies thereof when so permitted or required, unless otherwise specifically provided in this part, must be made by one of the following methods:

(a)  By actual delivery to the person to be served; or, if a partnership, to one of the partners; or, if a corporation, to an officer, director, managing agent, or business agent thereof.

(b)  By mailing the same, postage prepaid, by registered or certified mail to the person to be served at her or his last known address and evidence of delivery. If a notice to owner or a notice to contractor under s. 713.23 is mailed pursuant to this paragraph within 40 days after the date the lienor first furnishes labor, services, or materials, service of that notice is effective as of the date of mailing if the person who served the notice maintains a registered or certified mail log that shows the date the notice was served, 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. If an instrument served pursuant to this paragraph 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 is not received, but is returned by the United States Postal Service as being "refused," "moved, not forwardable," or "unclaimed," or is otherwise not delivered or deliverable through no fault of the person serving the item, then service is effective as of the date of mailing.

(c)  If neither of the foregoing methods can be accomplished, by posting on the premises.

(2)  If the real property is owned by more than one person, a lienor may serve any notices or other papers under this part on any one of such owners, and such notice is deemed notice to all owners.

(3)  Service of notices or copies thereof, permitted or required under this part, may be made by facsimile transmission when the person being served has listed that person's facsimile phone number in the Notice of Commencement. The lienor's facsimile confirmation sheet with the correct facsimile phone number shall be proof of the date and time the notice was served.

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.

Note.--Former s. 84.181.