The owner, always
Every §713.06 lienor other than a laborer serves the owner. That is the notice itself:
All lienors under this section, except laborers, as a prerequisite to perfecting a lien under this chapter and recording a claim of lien, must serve a notice on the owner setting forth the lienor's name and address, a description sufficient for identification of the real property, and the nature of the services or materials furnished or to be furnished.
The contractor's copy, for three roles
The same paragraph adds a copy to the contractor for lienors two or more tiers below the owner:
A sub-subcontractor or a materialman to a subcontractor must serve a copy of the notice on the contractor as a prerequisite to perfecting a lien under this chapter and recording a claim of lien.
A materialman to a sub-subcontractor must serve a copy of the notice to owner on the contractor as a prerequisite to perfecting a lien under this chapter and recording a claim of lien.
Read the word "prerequisite" twice. For these roles the contractor's copy carries the same weight as the owner's notice.
The subcontractor's copy, for one role
A materialman to a sub-subcontractor shall serve the notice to owner on the subcontractor if the materialman knows the name and address of the subcontractor.
A supplier three tiers down serves the subcontractor above its customer, when it knows who that is. The condition is in the statute: "if the materialman knows the name and address."
By role
| Your role | Contracted with | Recipients under §713.06(2)(a) |
|---|---|---|
| Subcontractor | the contractor | owner |
| Sub-subcontractor | a subcontractor | owner · copy to the contractor |
| Materialman to a subcontractor | a subcontractor | owner · copy to the contractor |
| Materialman to a sub-subcontractor | a sub-subcontractor | owner · copy to the contractor · the subcontractor, if known |
| Laborer | anyone | excepted from the notice requirement |
A materialman to the contractor itself is a §713.06 lienor who serves the owner; the copy sentences above name the tiers below that. The wizard asks which party you contracted with and locks in the recipients the statute requires for that answer.
The person the owner designated
An owner can name someone in the Notice of Commencement to receive a copy of every lienor's notice. Paragraph (2)(b) says what a lienor does with that name, and what happens when the copy is missed:
the lienor shall serve a copy of his or her notice on the person so designated. The failure by the lienor to serve such copy, however, does not invalidate an otherwise valid lien.
This is the one copy the statute expressly forgives. Contrast it with the contractor's copy in (2)(a), which is a prerequisite. The designee's copy should still go out; the consequence of missing it is simply different.
The lender
A notice to an owner served on a lender must be in writing, must be served in accordance with s. 713.18, and shall be addressed to the persons designated, if any, and to the place and address designated in the notice of commencement.
When the Notice of Commencement names a lender and a place to serve it, the notice to the lender goes there, by a §713.18 method. The rest of paragraph (2)(d) is about what the lender must do after receiving the notice, which is the lender's problem, not the lienor's.
When there is no Notice of Commencement
A lienor, in the absence of a recorded notice of commencement, may rely on the information contained in the building permit application to serve the notice prescribed in paragraphs (a), (b), and (c).
The recipient roles do not change; the source of the names and addresses does. And when a property has several owners, §713.18(4) deems service on one of them service on all:
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.
What NoticeSent mails
One flat $39 covers certified mail to every recipient §713.06(2) requires for your role, with no per-recipient charge. The service rules page covers the methods, the day-40 mailing rule and the mailing evidence.
Frequently asked
Does the owner's lender always get a Notice to Owner?
Section 713.06(2)(d) governs a notice to an owner that is served on a lender: it must be in writing, served under §713.18, and addressed to the persons and the place designated in the Notice of Commencement. Whether to serve the lender on a given job is a decision for the lienor, made from the Notice of Commencement; the wizard offers the lender as a recipient when one is named.
There is no Notice of Commencement. Who do I serve?
Section 713.06(2)(e) lets a lienor rely on the building permit application when no Notice of Commencement is recorded. The owner and, for the roles that require it, the contractor still receive the notice; the addresses come from the permit.
I am a subcontractor. Do I send a copy to the contractor?
The contractor's copy in §713.06(2)(a) is required of a sub-subcontractor, a materialman to a subcontractor, and a materialman to a sub-subcontractor. A subcontractor who contracted with the contractor is not on that list; whether to send a courtesy copy is a choice, not a statutory step.