Section 713.06(3)(d), Florida Statutes (1983), requires service of a final affidavit on an owner by a contractor, which indicates that all lienors under direct contract with the contractor have been paid in full or otherwise indicates those who have not been paid and the amount due or to become due for labor, services or materials furnished. Art Berman Concrete, Inc. v. Sey Construction Corp., 247 So.2d 791 (Fla. 3d DCA 1971); Viyella v. Jackson, 347 So.2d 830 (Fla. 3d DCA 1977); Sowers v. Hoenstine, 417 So.2d 1137 (Fla. 5th DCA 1982). Although the statute does not supply a mandatory form for the final contractor's affidavit the intent of the statute is to protect the owner, by providing assurance that on final payment there will not be subsequent claims from those under contract with the one supplying the final affidavit.
Our research has failed to reveal any decision within our own state upon this precise question in the context of a petition for enforcement of a mechanic's lien, and this has led to the examination of factually similar cases from other jurisdictions which we have found instructive. In Viyella v. Jackson, 347 So.2d 830 (Fla. App. 1977), a laborer engaged in the business of installing terrazzo floors brought suit which in part sought enforcement of a mechanic's lien for labor and material furnished. Similar to the instant case, the court was faced with the contention that the lien claimant was barred from foreclosure of the lien because he failed to file an affidavit with the property owner.