The Notice of Commencement is a part of the Florida Lien Statute. This document is filed in county records and signifies the beginning of a project. While not required in some states, not filing the Notice of Commencement in Florida can unfavorably affect your lien rights in the state.
A Notice of Commencement is a form that is filled out, recorded, and notarized by the owner of the property. Generally, it is required for permitted work over $2,500, but every municipality is slightly different. It is the obligation of the owner to ensure an NOC is properly prepared and recorded. Failure to properly prepare or timely record an NOC may impact how liens and lien rights affect an owner’s property.
Where do I record a Notice of Commencement?
The Notice of Commencement Florida must be recorded in the county where the project is located. For example, if you are working in Miami Beach, the NOC should be recorded in the Miami-Dade County recorder's office. If the project is located in Orlando then you would record the NOC in the Orange County recorder’s office.
What information should be in the Florida Notice of Commencement?
According to Chapter 713 of the Florida Statutes, a Notice of Commencement Form must contain the following information if it’s applicable.
- A legal description of the property and street address if available,
- A general description of the improvement,
- Owner information such as name, address, and interest in the property, or lessee information if the lessee contracted for the improvement,
- The contractor’s name, address, and phone number,
- If any, surety (along with a copy of the payment bond), name, address, phone number, and amount of bond,
- If any, the lender’s name, address, and phone number,
- If any, the owner’s representative’s information, and
- The expiration date of the Notice of Commencement Florida Form.
It is important to ensure that all this information is correct since subcontractors and material suppliers will use this information later when they file their Notice to Owner.
What Is the Deadline to Record Your Notice of Commencement?
A NOC must be recorded before the construction project begins needs to be recorded no more than 90 days before the project begins. Caution, if the project does not begin within 30 days of the recording the NOC is void.
Should a Notice of Commencement Florida be Notarized?
In Florida, the NOC must be signed and notarized by the owner or the owner’s agent.
Failure to file a Notice of Commencement
Filing a Notice of Commencement is compulsory in the state of Florida. Failure to properly, fill out, file, and post the Florida Notice of Commencement can subject an owner to a multitude of legal and financial repercussions. Filing a Notice of Commencement Florida is also important in ensuring that the owner does not pay twice for the same work. An owner can protect themselves by following the payment process outlined in the Florida Statutes.
- An NOC is generally required for permitted work over $2,500.
- Make sure you include all the required information on your Notice of Commencement Florida form.
- Make sure your NOC is recorded in the correct county.
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.