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Final Payment Affidavit Form - Brevard County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/4/2021
Final Payment Affidavit Guide - Brevard County
Line by line guide explaining every blank on the form.
Included document last updated 3/26/2021
Completed Example of the Final Payment Affidavit - Brevard County
Example of a properly completed form for reference.
Included document last updated 3/22/2021
*The Following Florida and Brevard County supplemental forms are included as a courtesy with your order.
Transfer Tax Information
For general information about transfer tax, which varies by municipality, view the reference sheets. The first one also contains contact information for the Florida Department of Revenue. The list of exemptions from the Florida statutes is provided for your convenience.
Documentary Stamp Tax Return for Unrecorded Documents
If a document is not recorded, one of these tax forms must be filed in order to avoid a penalty payment. For registered taxpayers, the tax and return must be postmarked no later than the 20th day of the month following the collection period. For non-registered taxpayers, the tax and return must be postmarked no later than the 20th day of the month following the month the taxable document(s) is executed or delivered.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by Florida notaries.
Homestead Exemption
If you are a Floridian and your property is your permanent residence, you may qualify for a homestead exemption on your property taxes.
Cover Page
If document does not provide sufficient room for recording stamp at the top right of the first page, use this cover page.
Including:
Why do I need a contractor's final payment affidavit?
Florida law requires that the contractor's final payment affidavit be presented to the owner when it's time to make the final payment on the project. The affidavit is only required by contractors, so subcontractors and materialmen need not provide any individual documents. The affidavit sets forth the amount of final payment due and affirms that all lienors have been paid in full (except for those specifically listed in the document as remaining unpaid). The affidavit is used in order to prevent the owner from having to pay twice.
If you fail to serve the owner with the final payment affidavit, you forfeit any lien right or right of action against the owner for labor, services, or materials furnished under the direct contract. Note that erroneously including or omitting any information in the affidavit, even if the owner accepts it, does not defeat an otherwise valid lien. Regardless, accuracy matters because the statement is given under oath, and an incorrect affidavit may be used in court to discredit the contractor's claims.
The contractor must execute the affidavit and deliver it to the owner at least 5 days before instituting an action to enforce his or her lien even if the final payment is not due or because the contract is terminated for a reason other than completion. This is required regardless of whether the contractor has any lienors working under him or her.
Filing the affidavit is a necessary precondition in order to eventually secure a mechanics lien on the owner's property to encourage payment. As such, take care when completing the affidavit to ensure everything is accurate when the owner receives it. The owner has the right to rely on the contractor's affidavit in making the final payment for all lienors listed within it.
Each case is unique, so contact an attorney with specific questions or for complex situations.
Get your Brevard County Final Payment Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Brevard County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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