Understanding the Notice of Commencement in Florida: A Crucial Step in Protecting Lien Rights

In the realm of construction projects, the Notice of Commencement (NOC) holds significant importance in the state of Florida. This document, filed in county records, serves as the official declaration of a project's initiation. While some states do not require an NOC, failing to file one in Florida can have adverse effects on your lien rights within the state.

ARIELA WAGNER

by

Ariela Wagner

Last updated:

Sep 15, 2023

Published:

Jun 14, 2023

WORKER SMILING

Attorney Reviewed

2.3 Mins

read

In this blog post, we will delve into the essential aspects of the Notice of Commencement, highlighting its significance and key considerations.

What is the Notice of Commencement?

The Notice of Commencement is a form filled out, recorded, and notarized by the property owner, symbolizing the commencement of a construction project. Although the requirement may vary slightly across municipalities, it is generally necessary for permitted work exceeding $2,500. The responsibility lies with the property owner to ensure the proper preparation and timely recording of the NOC. Neglecting these obligations may have implications on liens and lien rights affecting the owner's property.

Recording the Notice of Commencement

To comply with the regulations, the Notice of Commencement must be recorded in the county where the project is located. For instance, if you are working in Miami Beach, Florida, record the NOC in the Miami-Dade County recorder's office. Similarly, for projects in Orlando, the NOC should be filed with the Orange County recorder's office.

NOC SunRay

Key Information in the Florida Notice of Commencement

As per Chapter 713 of the Florida Statutes, the Notice of Commencement Form should contain specific information, including:

  1. Legal description and street address (if available) of the property.
  2. General description of the improvement being undertaken.
  3. Owner's details such as name, address, and property interest, or lessee's information if the lessee is responsible for the improvement.
  4. Contractor's name, address, and contact number.
  5. Surety information (if applicable), including the payment bond details such as name, address, phone number, and bond amount.
  6. Lender's information (if applicable), including name, address, and contact number.
  7. Owner's representative's contact details (if applicable).
  8. Expiration date of the Notice of Commencement Form.

Ensuring accuracy in providing this information is crucial, as subcontractors and material suppliers rely on it when filing their own Notice to Owner.

Deadline for Recording the Notice of Commencement

The NOC must be recorded no more than 90 days before the construction project begins. However, it's important to note that if the project does not commence within 30 days of the recording, the NOC becomes void.

Notarization Requirements

In Florida, the Notice of Commencement must be signed and notarized by the owner or the owner's agent to validate its authenticity.

Consequences of Failing to File a Notice of Commencement

statutory deadlines SunRay
  • Filing a Notice of Commencement is mandatory in Florida, and failure to do so correctly can result in significant legal and financial consequences.
  • The Notice of Commencement prevents the owner from being liable to pay for the same work twice, offering an additional layer of protection.
  • It is crucial for owners to follow the payment process specified in the Florida Statutes to safeguard their interests and ensure a smooth construction project.

Key Takeaways

Conclusion

In conclusion, understanding the Notice of Commencement is paramount for anyone involved in construction projects in Florida. It serves as a vital step in protecting lien rights and ensuring fair payment practices. By adhering to the requirements of filing and recording the Notice of Commencement accurately and on time, property owners can safeguard their interests and avoid potential legal and financial repercussions. Complying with the Florida Statutes and following best practices related to the Notice of Commencement is essential for a smooth and successful construction process. By recognizing its significance and taking the necessary steps, stakeholders can navigate the complexities of lien rights with confidence and maintain a favorable position within the construction industry in Florida.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

About Author

ARIELA WAGNER

Ariela Wagner

Ariela is the president and founder of SunRay Construction Solutions. She has over 17 years of construction industry experience. Read More>

WORKER SMILING

Don't worry about NTO Deadlines anymore! Use us to send your Notice to Owner now.

Send Now

In this blog post, we will delve into the essential aspects of the Notice of Commencement, highlighting its significance and key considerations.

What is the Notice of Commencement?

The Notice of Commencement is a form filled out, recorded, and notarized by the property owner, symbolizing the commencement of a construction project. Although the requirement may vary slightly across municipalities, it is generally necessary for permitted work exceeding $2,500. The responsibility lies with the property owner to ensure the proper preparation and timely recording of the NOC. Neglecting these obligations may have implications on liens and lien rights affecting the owner's property.

Recording the Notice of Commencement

To comply with the regulations, the Notice of Commencement must be recorded in the county where the project is located. For instance, if you are working in Miami Beach, Florida, record the NOC in the Miami-Dade County recorder's office. Similarly, for projects in Orlando, the NOC should be filed with the Orange County recorder's office.

NOC SunRay

Key Information in the Florida Notice of Commencement

As per Chapter 713 of the Florida Statutes, the Notice of Commencement Form should contain specific information, including:

  1. Legal description and street address (if available) of the property.
  2. General description of the improvement being undertaken.
  3. Owner's details such as name, address, and property interest, or lessee's information if the lessee is responsible for the improvement.
  4. Contractor's name, address, and contact number.
  5. Surety information (if applicable), including the payment bond details such as name, address, phone number, and bond amount.
  6. Lender's information (if applicable), including name, address, and contact number.
  7. Owner's representative's contact details (if applicable).
  8. Expiration date of the Notice of Commencement Form.

Ensuring accuracy in providing this information is crucial, as subcontractors and material suppliers rely on it when filing their own Notice to Owner.

Deadline for Recording the Notice of Commencement

The NOC must be recorded no more than 90 days before the construction project begins. However, it's important to note that if the project does not commence within 30 days of the recording, the NOC becomes void.

Notarization Requirements

In Florida, the Notice of Commencement must be signed and notarized by the owner or the owner's agent to validate its authenticity.

Consequences of Failing to File a Notice of Commencement

statutory deadlines SunRay
  • Filing a Notice of Commencement is mandatory in Florida, and failure to do so correctly can result in significant legal and financial consequences.
  • The Notice of Commencement prevents the owner from being liable to pay for the same work twice, offering an additional layer of protection.
  • It is crucial for owners to follow the payment process specified in the Florida Statutes to safeguard their interests and ensure a smooth construction project.

Key Takeaways

Conclusion

In conclusion, understanding the Notice of Commencement is paramount for anyone involved in construction projects in Florida. It serves as a vital step in protecting lien rights and ensuring fair payment practices. By adhering to the requirements of filing and recording the Notice of Commencement accurately and on time, property owners can safeguard their interests and avoid potential legal and financial repercussions. Complying with the Florida Statutes and following best practices related to the Notice of Commencement is essential for a smooth and successful construction process. By recognizing its significance and taking the necessary steps, stakeholders can navigate the complexities of lien rights with confidence and maintain a favorable position within the construction industry in Florida.

Disclaimer
THE INFORMATION ON THIS WEBPAGE IS NOT THE SAME AS LEGAL ADVICE. SUNRAY CONSTRUCTION SOLUTIONS, LLC IS NOT AN ATTORNEY OR A LAW FIRM. WE RECOMMEND THAT YOU CONSULT WITH AN ATTORNEY.
Ariela Wagner
Ariela Wagner
Preliminary Notice| SunRay Notice
Sign up for Exclusive Lien Law InformationAll our latest blogs delivered hot to your inbox!
Oops! Something went wrong. Please check!
Subscribe to Newsletter