A Florida notice of commencement is generally required when a home improvement’s direct contract price exceeds $5,000. The notice must be filed before construction begins, and the owner must post the required documentation at the property.
For a Southwest Florida remodel, addition, or new build, this document connects your property, contractor, and project to Florida’s construction lien procedures. It doesn’t replace a permit or protect you from every unpaid construction bill.
We recommend addressing the notice before scheduling work, starting with the contract price and the information required for filing.
Key Takeaways
- File the required notice with the clerk in the county where the property is located before work begins.
- The owner must sign; an authorized agent can handle filing but can’t sign in the owner’s place.
- Start construction within 90 days of filing, and track the notice’s expiration throughout the project.
- Keep payment records and appropriate lien releases because filing an NOC doesn’t establish that contractors and suppliers have been paid.
When a Florida Notice of Commencement Is Required
Florida’s general threshold applies to real-property improvements with a direct contract price greater than $5,000. Chapter 713 sets this rule, with an exception for labor, services, or materials furnished to an owner-occupied residence when the contract price is less than $2,500. The direct contract is the agreement between the owner and contractor. The contract price controls, not an individual deposit or progress payment.
A residential repair with a direct contract price below $5,000 generally falls below the threshold; a renovation, addition, or restoration above $5,000 generally exceeds it. Project type alone doesn’t determine whether a notice is required, and statutory exceptions still apply.
An NOC gives public notice of the improvement and identifies the parties involved. Recording it doesn’t itself create a mechanics lien, cloud, or encumbrance on your title. Instead, it gives constructive notice that construction lien claims may follow.
Permit requirements are separate. A permit authorizes regulated construction; the NOC supports the construction lien process. Our guidance on Florida construction permit requirements explains that separate approval process.
For project planning, assign responsibility for filing, posting, and delivering the filed document before setting the construction start date.
What the Notice Must Include
The statutory form in Florida Statutes Section 713.13 provides the framework. Gather the ownership, property, and contract records before completing it.
Property and Ownership Details
Include the property’s legal description, street address, and tax folio number if available. When no street address exists, provide other information that describes the physical location. A street address alone doesn’t replace the legal description.
The notice must also identify the owner’s name, address, and ownership interest. If someone else holds fee-simple title, include that titleholder’s name and address.
When a tenant (lessee) contracts for the improvements, list the tenant as the owner for the notice and identify the interest as leasehold. This distinguishes the party ordering construction from the party holding title to the property.
Project and Contact Information
Describe the improvement in general terms that match the contracted work. Include the contractor’s name and address, the lender’s name and address when applicable, and the designated Florida contact authorized to receive service.
For a bonded project, include the surety’s name, address, and bond amount. Attach a copy of the payment bond when recording. Failing to attach it defeats the payment-bond exemption under Section 713.02(6).
Keep these names consistent with the agreement and supporting documents. Our guide to construction contract terms explains how the parties, payment responsibilities, and scope should connect.
How to Record and Post the Notice
The practical sequence is preparation, filing, and posting. A permit application or an unsigned form doesn’t complete that sequence.
Complete the Owner’s Signature and County Recording
The owner must sign the notice personally. Although an authorized agent may submit it to the county clerk for filing, no one else may sign in the owner’s stead.
File the completed notice with the county filing office where the property sits. For Southwest Florida properties, this commonly means Lee, Collier, or Charlotte County. A city permit submission doesn’t replace county filing, and filing in the wrong county can leave the notice ineffective.
The NOC takes effect when the clerk records it. Keep the filed document and its official-records reference in your project file, alongside the construction agreement and permit documents.
Post the Required Documentation Before Work
The owner must post a certified copy of the filed notice or a notarized statement that the notice has been filed, together with a copy. Post these documents at the construction site. Posting remains the owner’s responsibility even when a lender handles filing.
The statutory form also warns that filing and posting must occur before the first inspection. That inspection warning doesn’t postpone the earlier requirement to file before actually commencing improvements.
When construction financing applies, the lender must complete NOC recording before disbursing construction funds. A lender that fails to meet that duty is liable to the owner for resulting damages.
We recommend assigning these tasks during the residential pre-construction meeting so responsibility stays clear.
The 90-Day Start Rule and One-Year Expiration
Two separate clocks apply under Florida’s notice of commencement statute. One controls when work must start; the other controls how long the notice remains effective after recording.
Construction Must Start Within 90 Days
If the improvement doesn’t actually commence within 90 days after filing, the notice becomes void. Filing well ahead of a delayed project can create another documentation task before construction begins.
This is a start-work deadline, not a requirement to finish the entire project within 90 days. It also isn’t permission to file after construction has started.
We recommend coordinating filing with a realistic construction schedule rather than treating it as an early administrative item unrelated to mobilization.
Expiration Can Affect Your Payments
An NOC generally expires one year after filing unless it specifies a different date. If the contract period exceeds 1 year, the notice must state that it remains effective for one year plus the additional period.
Track the expiration date against the expected payment schedule, including delayed completion and final balances.
Payments made after the NOC expires are improper payments under the statute and can expose the owner to double payments for the same work.
A project delay doesn’t automatically extend the notice. Address the effective period before it expires.
Amendments, Contractor Changes, and Project Closeout
A Florida notice of commencement may need attention after filing. Changes to project information and the effective period require more than editing the copy in your files.
Correct or Extend the Recorded Notice
An amended notice can correct inaccurate information, add omitted information, or extend the effective period. It must identify the original recording by its official-records book and page.
The amendment also carries service requirements. Serve the contractor and affected lienors, including those who serve notice before or within 30 days after the amendment is filed.
A contractor replacement requires a new NOC or notice of recommencement, rather than an amendment that substitutes a different contractor’s name. Because contractor changes affect payment and lien exposure, we recommend legal guidance before making that transition.
Separate Termination From Payment Protection
A Notice of Termination follows a separate procedure under Florida’s Construction Lien Law. Completing construction doesn’t automatically resolve every party’s lien rights, and an NOC isn’t proof of payment.
Keep invoices, payment confirmations, and appropriate releases together. A contractor’s receipt confirms payment received; it doesn’t necessarily waive lien rights. Likewise, the general contractor’s release doesn’t release an unpaid subcontractor’s or supplier’s independent claim.
At closeout, request the contractor’s final payment affidavit and appropriate releases from lien-eligible parties. Preserve warranties and inspection records separately because lien releases don’t replace those documents.
Frequently Asked Questions
Where Can You Get a Form or Recorded Copy?
The statute contains an NOC form, and county recording offices provide forms or filing resources. Obtain a certified copy from the county office where the notice was filed.
For mailed copy requests, include the document’s filing details and a self-addressed stamped envelope when required by the office’s instructions. Keep the certified copy distinct from an ordinary downloaded image, especially when preparing the required site posting.
Is a Notice to Owner the Same Document?
No. The NOC identifies the improvement and project participants in the public records. A Notice to Owner generally comes from a subcontractor or supplier to preserve that party’s potential lien rights.
Receiving a Notice to Owner doesn’t itself mean someone has filed a lien. However, we recommend retaining it with the related invoices and payment documentation. It identifies a party whose payment status matters during construction and closeout.
What Should Buyers Request for a Recently Renovated Home?
Request the recorded NOC, relevant permits, inspection results, contractor payment documentation, and available lien releases. An expired NOC doesn’t prove that all project bills were paid or that construction passed final inspection.
Have your closing attorney or title professional address recent construction and unresolved lien issues before closing. This matters when a seller completed major renovations shortly before listing the property.
Start Construction With Clear Documentation
A properly handled NOC starts with the correct property and parties, followed by timely filing and posting. Its effective period also needs attention until the payment process is complete.
We recommend keeping the notice connected to your contract, payment records, and closeout documents. That creates a clearer record throughout construction and for a future sale.
For help planning a Southwest Florida build, renovation, or restoration, Get In Touch with our team.