Florida Notice of Commencement
FAQs & Guide

Yes, Florida has a very specific and complicated Notice of Commencement requirement that applies to all private jobs when the value is over $5,000. The $5,000 threshold is quite low, and as a result, if you’re involved with a commercial, residential, industrial, or other private projects in Florida, a Notice of Commencement is likely required on the job.

Florida law explicitly requires that a Notice of Commencement be filed on all Florida jobs. There are legal consequences to all parties on a construction job if the Notice of Commencement is not filed. Furthermore, securing the necessary permits can be challenging without a valid Notice of Commencement.

• See the question on our Expert Center: Does an NOC need to list all items we plan to get permits for?

• Property Owners: The requirement to file the Florida Notice of Commencement is generally the responsibility of the property owner. There is one key exception to this, which is when a construction loan is involved.*

• *Construction Lenders: Whenever the project has a construction loan on it, the duty to file the Notice of Commencement rests with the bank (i.e. the construction lender), and the property owner is relieved of this task.  And this burden really, really is relieved. If the construction lender screws it up or doesn’t get the notice filed, the construction lender must protect the owner against any liens and against the risk of paying twice.

• Contractors & Suppliers: Contractors and Suppliers are not required to file this notice. However, they have their own essential preliminary notice requirements — known in Florida as a Notice to Owner (NTO).

• Learn more about the contractor & supplier’s Florida Notice to Owner requirement here:  Ultimate Guide to Florida’s Notice to Owner Requirement.

The Owner’s Signature: A Critical Requirement

Interestingly, regardless of who is required to file the Notice of Commencement, Florida statutes explicitly state that the owner, and only the owner, must sign it!  The owner may designate an agent in the NOC or be relieved of the filing duty by a lender, but in either case, the owner must sign the Notice of Commencement document. The statute’s specific language confirms this: “The owner must sign the notice of commencement and no one else may be permitted to sign in his or her stead.” An exception exists for a condominium’s common area, where the condo association can sign.

• Important Note: Even if the property is being sold and repairs are being done, the Notice of Commencement must be signed by the current owner of the property.

• For a detailed discussion of this, see our Expert Center in answer to this question: Who needs to file a notice of commencement in Florida?

While the specific timing requirements for a Florida Notice of Commencement can be complex, the fundamental rule is that the notice must be filed and recorded before the work starts on the project.

Below are some important details to consider:

1. Timing with Construction Loans: If there is a loan, it is critical that the Notice of Commencement is not filed until after the mortgage is recorded. This results in the construction liens taking priority over the mortgage. Too many homeowners file their NOC before finishing the mortgage process because they mistakenly believe they must file the NOC to get their building permit.  They do not!  And, in fact, in many cases, they should not!
2. The 90-Day Window: The Notice of Commencement filing must be within 90 days of when the project begins. In other words, you should get the NOC recorded before work begins on the project, but not too soon before.  Work must start within 90 days of the NOC’s filing.
3. Validity Period: An NOC is usually only valid for 1 year from the date it was filed. If a project is expected to last longer than one year and gives an estimate of completion, then upon the expiration of the one-year timeline (or the specified date), the NOC is completely void and invalid. If your project is still ongoing more than a year after the first NOC was filed, you will need to file a second Notice of Commencement.

The Florida statute has this to say about where the Florida Notice of Commencement must be filed: “…shall record a notice of commencement in the clerk’s office and forthwith post either a certified copy thereof or a notarized statement that the notice of commencement has been filed for recording along with a copy thereof.”

This requires 2 different steps to get the Notice of Commencement properly filed.

1. Getting it Filed

The first step is to record the Notice of Commencement with the clerk’s office in the county where the construction project is located. The specific office and its procedures can vary by county, so it’s you may want to confirm this information beforehand.. Generally speaking, this information is easy to find. Here is a list of all the Florida county recorders’ offices along with their contact information and filing requirements.

• You can also file your Florida Notice of Commencement electronically here.

2.  Getting it Posted

The second requirement is that a certified copy of the recorded Notice of Commencement must be conspicuously posted at the project job site. This is a legal requirement. Posting the notice serves as public notification for all subcontractors and suppliers, providing them with the necessary information to protect their lien rights.

Since Florida requires that the property owner or the owner’s agent post the Notice of Commencement conspicuously on the job site before the project begins, if you’re a contractor that is actually working on the job site, you should be able to find the NOC somewhere on the job site itself.

However, it is not uncommon for the notice to be missing from the job site, or perhaps you are a supplier or vendor and will not physically be at the job site. In these cases, you may want to check with the county recorder’s office to obtain a copy of the Notice of Commencement. These documents are public records and are available to you, but they can sometimes be challenging to find. Furthermore, if a Notice of Commencement was never filed, it can be difficult to know for certain.

Unlike some other states, Florida does not have a formal statutory process to demand a copy of the Notice of Commencement directly from the owner or lender.

• For a more detailed discussion of this, see our article:  How to Find the Notice of Commencement for a Florida Construction Project.

Yes. In Florida, it is common for a property owner to appoint an “Owner’s Designee” directly within the Notice of Commencement document.

The purpose of an Owner Designee is to allow the owner to appoint a designated agent, like an attorney, a property manager, a construction manager, etc., to act as their designated agent for the construction job. This designee serves as the official point of contact and is authorized to receive crucial project correspondence, like notice to owner documents.

Property owners may want to exercise extreme caution when appointing a designee. The owner must be confident that their designee will take on the challenging responsibility of monitoring all payment activity. If a mistake is made, it is the owner – and not the designee – who is ultimately liable.

In order for the Notice of Commencement to be valid, it must contain the following information:

• A description of the property sufficient for identification (including the legal property description, street address, & tax folio number if available)
• Description of the improvements to be made
• Owner’s name and address (or Lessee if work is commissioned by a lessee)
• Contractor’s name and address
• Surety’s name and address (if any)
• Amount of payment bond (if any)
• Lender’s name and address
• Owner designee name and address (if any)
• Expiration date

For Property owners (and, if applicable, construction lenders) in Florida: A properly filed NOC is a crucial tool for property owners and lenders to protect themselves. It’s important that everyone on the job be paid. If anyone goes unpaid on the project — including all laborers, subcontractors, suppliers, and vendors — the owner could ultimately be responsible for paying twice for the same work, and lenders could have the title of the property compromised!  This, of course, is highly undesirable.

The Florida Notice of Commencement process helps owners and lenders avoid this undesirable outcome.  When a Notice of Commencement is filed, owners and lenders can protect themselves against these risks by following the payment process outlined in the Florida statutes.  If the NOC is filed and payments are made pursuant to the statutory process, then the owner will be insulated against this risk. Namely, if a Notice of Commencement is properly and timely filed, and the property owner/construction lenders always make “proper payments,” the value of a mechanics lien claim against the job will be limited the dollar amounts that the owner/lender has not yet paid out to the general contractor.  This means, in other words, that a lien can only be filed for the “unpaid balance” on the job.

It’s important to note that filing the NOC is not enough to get this protection. It’s just a step — the first step. The owner/lender must still make sure that they make “proper payments.”

• We explore how to always make proper payments in the Florida Notice of Commencement Checklist & Lien Risk Guide For Owners.

For subcontractors and suppliers in Florida, a Notice of Commencement affects their lien priority and can impact who needs to receive your notice to owner in Florida.

1. Lien Priority: The “priority of a lien” refers to which liens are considered to be “first in line” to get paid. If a NOC is filed, the “priority” of all mechanics liens “relate back” to the date of the NOC’s filing, and all lien claims have the exact same priority. This means that, if an unpaid supplier files a Florida mechanics lien two weeks after the project ends, the law treats their lien as if it were filed on the date that the Notice of Commencement was filed! If an NOC is not filed, the priority of the lien is the date of the filing, and whichever lien is filed first has the higher priority. See: FL Subcontractor Lien Has Priority Despite Notice of Commencement Error
2. Identifying Key Parties: Florida NOCs must identify: (i) the property owner’s designee, if there is one; and (ii) the construction lender, if there is one. If either of these parties is identified on the notice of commencement, they must receive the NTO in order for the contractor/supplier to protect their lien rights. In the case of the owner designee especially, there may be no other place where this party will be identified other than the NOC.
3. Securing Payment: Florida law provides a crucial safeguard for subcontractors and suppliers who send a Notice to Owner (NTO). The Notice of Commencement, which is typically filed by the property owner or construction lender, contains essential information, including the names and addresses of the owner and any owner’s designee or construction lender. If you are a contractor or supplier and have properly served your NTO, you’re protected. Florida law dictates that a property owner or lender cannot make a “proper payment” to a general contractor without first obtaining an executed lien waiver directly from you—the sub/supplier who sent the notice. This means that if you’ve sent your NTO, the owner is legally obligated to ensure you get paid before they release funds to the general contractor. The only way you could lose your right to a lien is if you were to sign a lien release and were not actually paid, so do not do that!

• For more on lien waivers, see:  Florida Lien Waiver Forms & Guide – All You Need to Know

Yes. A Notice of Commencement (NOC) in Florida is not indefinite and will expire. The standard expiration date is one year from the date it was filed*.

Property owners and lenders should pay close attention to this date. When an NOC expires in Florida, it becomes “void,” and any payments made after such expiration will be considered “improper,” exposing the owner to the risk of having to pay for construction work twice. If the project (or payments for a project) are continuing beyond the one-year period, owners and lenders must file a second Notice of Commencement before the first one expires!

*The Exception to the One-Year Rule

“If the [construction] contract…expresses a period of time for completion for the construction of the improvement greater than 1 year, the notice of commencement must state that it is effective for a period of 1 year plus any additional period of time.”  This will make the notice of commencement effective until that extended period of time. But, it must be enumerated specifically in the construction contract and the NOC.

Yes. In Florida, this notice must be signed by the owner, and notarized. The statutory form provided under § 713.13(1)(d) specifically includes a notarization block.

No. Unlike its one-year expiration, a Notice of Commencement in Florida does not need to be actively terminated to become invalid. There is also no statutory document, such as a “Notice of Completion,” that officially signifies the end of a project.

However, Florida law does provide a formal process for a property owner to intentionally terminate a Notice of Commencement by filing a Notice of Termination.

• Property Owners: Property owners can terminate the period of effectiveness of a Notice of Commencement by executing, swearing to, and recording a Notice of Termination. The Florida statutes provide for this specifically in §713.132, stating that “an owner may terminate the period of effectiveness of a notice of commencement by executing, swearing to, and recording a notice of termination.”

Notices of Termination are most commonly filed when there are issues with the original NOC, and the owner or lender needs to correct or re-file it. In this case, the first NOC will be terminated, and a second NOC will be filed.  Whenever a Notice of Termination is filed, any and all contractors and suppliers who contributed to the job beforehand should pay close attention…because their lien rights can be impacted. If unpaid, they will likely want to file a mechanics lien on the job.

No.  The Florida Notice of Commencement requirement is specifically for private construction jobs in Florida. This requirement does not apply to any state, county, municipal, city, or county projects.  Further, it does not apply to any federal government projects in Florida because Federal projects are regulated by the Federal Miller Act, which does not have a Notice of Commencement requirement for any of its jobs anywhere in the world.

If you’re struggling with figuring out what type of project you’re on and what rules may apply, you may find help in this article: The Types of Construction Jobs: What They Are and Why You Should Care.