Notice of Commencement in Florida: Contents, Recording, and Termination

A Notice of Commencement in Florida is a document the property owner records with the county clerk and posts at the job site before construction begins, identifying the owner, contractor, lender, and project so subcontractors know whom to notify if they aren’t paid. Florida’s Construction Lien Law requires it for most permitted improvements where the direct contract exceeds $5,000, and skipping it or filling it out incorrectly can leave you paying twice for the same work.¹

When You Have to File One

Florida law requires an owner, or the owner’s authorized agent, to record a Notice of Commencement (NOC) before improving real property.² “Improvement” is defined broadly. It covers building, altering, repairing, demolishing, excavating, landscaping, installing permanent fixtures, and solid-waste removal done for the permanent benefit of the property.³ A new roof, a major renovation, or a significant landscaping job can all trigger the requirement.

The dollar threshold that puts the requirement in practical force sits in the permit process. If the direct contract exceeds $5,000, the building permit authority must have a copy of the NOC on file before the first inspection.¹ The permit office cannot demand the NOC as a condition of issuing the permit itself, but inspectors will not perform or approve any inspection until the NOC is on file. Without inspections, the job stops.

Two situations sit outside the rule. The statute carves out a narrow exemption for certain improvements described in Section 713.02(5), and it does not apply where the owner contracts directly with each subcontractor under Section 713.04. For most homeowners hiring a general contractor, neither exception applies.

What the Notice Must Contain

The statute lists specific information the NOC has to include. Missing or inaccurate details can undermine its legal effect and create problems for everyone downstream.²

The legal description of the property, plus the street address and tax folio number if available. If there is no street address, enough detail to identify the physical location.
A general description of the improvement, such as “new single-family residence” or “kitchen and bathroom remodel.”
The owner’s name, address, and nature of interest in the property. If the owner is a lessee, that must be stated and the fee simple titleholder listed as well.
The general contractor’s name and address.
The name and address of any construction lender.
The name and address of any payment bond surety, along with the bond amount.
The name and Florida address of a designated agent, other than the owner, to receive legal notices about the project.

The owner may also designate a person to receive copies of lienor notices. The document must be signed by the owner and notarized before it can be recorded.

Recording and Posting

Timing is not flexible. The NOC has to be recorded with the clerk of court in the county where the property is located before any construction work actually begins. The same rule applies when work restarts after a contractor default or project abandonment. There is no grace period for late filing.

Most counties accept recording in person, by mail, or through an electronic recording portal. Recording fees vary by county but generally run around $10 for the first page and $8.50 for each additional page.

After recording, the owner has to post the document at the job site. Acceptable postings are either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy. The posting exists so that subcontractors, suppliers, and laborers on site can see who the owner, contractor, and lender are, which they need in order to protect their own lien rights.

For the permit office, the copy on file can be a certified copy of the recorded NOC, a notarized statement that it has been filed for recording along with a copy, or the clerk’s official records information showing the instrument number.¹ The permitting authority will also check that the owner name, contractor name, and property address on the NOC match the building permit.

Why It Matters: The Double-Payment Problem

The NOC exists mainly to protect you from paying for the same work twice. The scenario without one goes like this: you hire a general contractor, the contractor hires subcontractors and orders materials, you pay the contractor in full, and the contractor fails to pay the subcontractors. Those subcontractors can then place liens on your property, and you could be liable for their unpaid bills on top of what you already paid the contractor.

A properly recorded NOC does not prevent liens outright, but it makes the process orderly. It sets a start date, identifies the parties, and triggers the notice requirements that give you advance warning when someone hasn’t been paid. Payments made after the NOC expires are classified as “improper payments” under the statute, which can expose the owner to paying those amounts a second time if unpaid lienors come forward.²

How the Notice to Owner Fits In

Subcontractors, suppliers, and other lienors who do not have a direct contract with you have to serve a Notice to Owner within 45 days of first providing labor or materials to the project.⁴ Serving that notice is a prerequisite to filing a lien; missing it, or serving it late, is a complete defense against enforcement. The Notice to Owner has to be addressed to the persons and addresses in the recorded NOC. That is why the information on your NOC matters so much, and why an accurate designated agent address is worth double-checking before you sign.

Duration and the 90-Day Trap

An NOC is effective for one year from the date of recording unless it states a longer period.² If your contract calls for a completion period longer than a year, the NOC needs to state that extended timeline. Payments made after the effective period ends count as improper payments.

There is a separate 90-day rule that catches people off guard. If the improvement described in the NOC is not actually started within 90 days after recording, the notice becomes void. That means you cannot record an NOC well in advance and let it sit. If your start date slips beyond 90 days, you have to record a new one before work begins.

Amending a Recorded NOC

If details change after recording, the owner can file an amended NOC to extend the effective period, correct errors, or add missing information. The amended notice has to reference the official records book and page number of the original, and the owner has to serve a copy on the contractor and any lienor who served notice within 30 days of recording the amendment. Changing the contractor is the one change an amendment cannot handle; that requires a new NOC or a notice of recommencement.

Terminating the NOC When the Job Is Done

When the project is finished and everyone has been paid, the owner can record a Notice of Termination to formally close out the NOC’s effective period. This is not mandatory, but it cuts off the window during which lien claims can relate back to the NOC, which is worth doing once payments are settled. The Notice of Termination must include:⁵

The same information as the original NOC
The official records reference and recording date of the original NOC
The date the NOC is being terminated, no earlier than 30 days after recording the termination
Whether the termination applies to all of the property or only part of it
A statement that all lienors have been paid in full
A statement that the owner has served a copy of the termination on each lienor with a direct contract or who served a timely Notice to Owner

The owner has to serve the Notice of Termination on the contractor and all qualifying lienors before recording it, and it must be accompanied by the contractor’s affidavit regarding payment. It takes effect 30 days after recording, or on a later date the document specifies.

1
The Florida Legislature. Florida Statutes 713.135 – Notice of Commencement and Applicability of Lien
2
Justia Law. Florida Statutes 713.13 – Notice of Commencement
3
Florida Senate. Florida Statutes 713.01 – Definitions
4
Justia Law. Florida Statutes 713.06 – Liens of Persons Not in Privity With Owner
5
Florida Senate. Florida Statutes 713.132 – Notice of Termination