Lee County Notice of Commencement (NOC): Recording, Posting, Expiration

Before you break ground on a construction project in Lee County worth more than $5,000, Florida law requires you to record a Lee County Notice of Commencement with the Clerk of Court and post a copy at the job site. The county building department will not issue your permit, and inspectors will not proceed with the first inspection, until that notice is on file and displayed at the property. The document sets the official start date for lien-related deadlines and tells subcontractors and suppliers where to send their own notices if they want to protect their right to be paid.

When Lee County Requires a Notice of Commencement

Florida Statute 713.135 requires the owner to record a Notice of Commencement before starting any improvement to real property, or before restarting work after a default or abandonment. Lee County enforces this at two points: the building department won’t issue the permit itself until the notice is recorded, and no first inspection will be signed off until a copy is posted on site.¹²

The threshold is a direct contract price over $5,000. Roof replacements, room additions, new construction, major HVAC installations, and substantial remodels routinely cross it. Cosmetic repairs and minor fixture swaps usually don’t. If you’re not sure, check with Lee County Development Services before you file, because a project that stays under $5,000 may still need a permit without needing this notice.

Filling Out the Form

Lee County publishes a Notice of Commencement form as a downloadable PDF through Development Services, and a blank version is available in person at the Clerk of Court’s office. The form tracks the statutory template in Section 713.13, so any version with the required fields is acceptable.³

Every field needs to be complete and accurate. A blank or an error can get your submission rejected, delay your permit, or create ambiguity about lien rights later. You’ll need:

The legal description of the property, its street address, and the tax folio number. The street address alone isn’t enough. Both the legal description and the folio number appear on your deed or through the Lee County Property Appraiser.
Your full name and address, plus your interest in the property (fee simple, leasehold, and so on). If the titleholder is someone other than the person contracting for the work, that person’s name and address must also appear. A lessee who contracts for improvements is treated as the “owner” and must be listed that way, with the leasehold interest noted.
The name, address, and phone number of the general contractor.
The construction lender’s name and address, if the project is being financed.
The surety’s name and address and the bond amount, if a payment bond under Section 713.23 exists.
A designated agent in Florida, other than yourself, who can accept lien-related notices for you. Include name, address, and phone.⁴
An expiration date. If you leave it blank, the notice expires one year after recording. If your contract allows a longer completion period, the notice must state that it is effective for one year plus the additional contract time.
A brief description of the improvement, such as “new single-family residence” or “kitchen and bathroom remodel.”

The owner (or an authorized officer, director, partner, or manager of a business entity owner) must sign the form in front of a notary. An unnotarized form will be rejected at the counter.

Recording the Notice With the Lee County Clerk

Once the form is signed and notarized, you have three ways to record it.

In Person

You can walk the document into a Lee County Clerk of Court office in Fort Myers and have it recorded the same day. This is the fastest route when you’re waiting on a permit.

By Mail

Send the original notarized form with a check payable to “Lee County Clerk of Courts” for the recording fees to Lee County Clerk of Courts, PO Box 2278, Fort Myers, FL 33902. Mailed documents are typically processed within about two business days of arrival, but the clerk’s office does not guarantee same-day or next-day recording.⁵

E-Recording

The clerk accepts electronic submissions through approved third-party vendors, including Simplifile, eRecording Partners Network, and CSC eRecording Solutions. You scan the notarized document and upload it through the vendor’s portal. Title companies and contractors who file regularly tend to use this route. As with mail, electronic submission doesn’t guarantee immediate recording.⁶

What It Costs

Recording is $10.00 for the first page and $8.50 for each additional page. Most notices are one or two pages, so budget $10.00 to $18.50. Certified copies from the clerk are $2.00 per page.⁷

Posting the Notice at the Job Site

Recording is only half the job. Florida law requires the notice to be posted at the construction site before the first inspection. The form itself carries a bold warning: “A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE SITE OF THE IMPROVEMENT BEFORE THE FIRST INSPECTION.”¹ You can post either a certified copy of the recorded notice or a notarized statement that the notice has been filed, with a copy of the notice attached.

Put it somewhere visible, usually on a board or stake near the front of the property. Lee County inspectors won’t proceed if it isn’t displayed, and subcontractors and suppliers rely on the posted notice to identify the owner, contractor, and lender so they know where to send their own lien-related notices.

The One-Year Expiration and Why It Matters

A Notice of Commencement expires one year after recording unless the form specifies a longer period.³ After expiration, any payment you make to the contractor is considered an “improper payment” under Florida law. That’s a real risk: an improper payment can leave you exposed to paying twice, once to the contractor and again to a subcontractor or supplier who files a lien.

If work is going to run past a year, record an amended notice extending the effective period before the original expires.

Amending vs. Filing a New Notice

Section 713.13(5) lets you amend a recorded notice for three purposes: to extend the effective period, to correct errors, or to add missing information. The amended notice must reference the official records book and page number of the original, and you must serve a copy on the contractor and on any lienor who sent a notice within 30 days of recording the amendment.⁴

One thing an amendment cannot do is change the general contractor. If you fire one contractor and hire another mid-project, you need a fresh Notice of Commencement (or a Notice of Recommencement), not an amendment.

Terminating the Notice When the Project Is Done

When the work is complete and everyone has been paid, record a Notice of Termination under Section 713.132 to close out the original notice. Terminating cuts off the window during which a lienor can claim against your property for that project, so leaving the notice open longer than necessary keeps risk on the table for no reason.⁸

The termination must include the information from the original notice (or a copy of it), the recording book and page reference, a termination date at least 30 days out from when the termination is recorded, and statements that all lienors have been paid in full and that you served copies on the contractor and on lienors who had a direct contract with you or previously served a notice to owner. Attach your contractor’s final payment affidavit to confirm subcontractors and suppliers have been paid. Lienors who already signed a final waiver and release don’t need to be served.⁹ Recording fees are the same: $10.00 for the first page, $8.50 for each additional page.

One practical reason not to leave a notice open: while it’s active, it shows up as a title exception on any owner’s or lender’s title insurance policy. If you sell or refinance during that window, expect the title company to require a recorded Notice of Termination and the contractor’s final payment affidavit before closing. When a clean termination isn’t possible because of a contractor dispute or unpaid lienor, the insurer may demand an indemnity agreement before insuring over the open notice. Filing the termination promptly after the project wraps avoids the scramble.

1
The Florida Legislature. Florida Code 713.135 – Notice of Commencement and Applicability of Lien
2
Lee County Government. Residential Building Guide
3
The Florida Legislature. Florida Code 713.13 – Notice of Commencement
4
Florida Senate. Florida Code 713.13 – Notice of Commencement
5
Lee County Clerk of Court, FL. Record A Document
6
Lee County Clerk of Court, FL. E-Record Official Records
7
Lee County Clerk of Court, FL. Fees and Costs
8
The Florida Legislature. Florida Code 713.132 – Notice of Termination
9
Florida Senate. Florida Code 713.132 – Notice of Termination