What Is a Notice of Commencement in Florida and What Must it Contain?

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.

Best Practices for Filing a Notice of Commencement in Florida

1. Timely Filing: Ensure the Notice of Commencement (NOC) is filed with the appropriate county recorder before starting any construction work or delivering materials. This establishes the project's start date and protects your lien rights.

2. Accurate Information: Include all required details such as the property owner's name, contractor's name, a description of the property, and a description of the work. Double-check for accuracy to avoid delays or legal issues.

3. Recording and Posting: Record the NOC with the county where the property is located. Post a copy at the job site in a visible location to inform all parties involved in the project.

4. Distribute Copies: Provide copies of the recorded NOC to the property owner, general contractor, and any subcontractors or suppliers involved. This ensures everyone is aware of the recorded notice and their lien rights.

5. Compliance with Updates: If there are any changes to the project, such as the contractor or project scope, file an amended NOC promptly. This maintains accurate records and protects all parties' interests.

6. Legal Advice: Consult with a construction attorney to ensure compliance with Florida lien laws and to address any specific concerns related to your project. Legal guidance can help prevent costly mistakes.

Common Questions around Notice of Commencement in Florida

What is a Notice of Commencement in Florida?

A Notice of Commencement (NOC) is a legal document filed with the county recorder's office to establish the official start date of a construction project. It serves to protect the lien rights of all parties involved in the project.

When must a Notice of Commencement be filed?

The NOC must be filed before any construction work begins or materials are delivered to the project site. Filing it early ensures that all parties' lien rights are protected.

Who is responsible for filing the Notice of Commencement?

The property owner or their authorized agent, such as the general contractor, is responsible for filing the NOC. The owner must sign the notice before it is recorded.

How long is a Notice of Commencement valid?

An NOC is typically valid for one year from the date it is recorded unless otherwise stated. If the project extends beyond this period, an extension or a new NOC must be filed.

What information is required in a Notice of Commencement?

The NOC must include the property owner's name, address, and signature, a description of the property, a description of the work to be done, the name and address of the contractor, and information on the lender, if any.

What happens if a Notice of Commencement is not filed?

Failing to file an NOC can jeopardize the lien rights of contractors, subcontractors, and suppliers. Without a recorded NOC, these parties may not be able to enforce their liens against the property if they are not paid for their work or materials.

Key Take-Aways

1. An NOC is generally required for permitted work over $2,500.
2. Make sure you include all the required information on your Notice of Commencement Florida form.
3. Make sure your NOC is recorded in the correct county.