For new-home projects covered by Florida’s current statute, a Florida notice of commencement must be recorded before construction starts. A copy must also be posted at the jobsite. The document identifies the property, owner, contractor, lender, and other parties connected to the project.
For homeowners, this document supports payment protection, but it doesn’t prove that subcontractors and suppliers have been paid. We recommend treating it as part of your construction paperwork, alongside your contract, draw requests, and lien releases.
Start by understanding who owns the property and who handles recording.
Key Takeaways
- The owner or the owner’s authorized agent may sign the notice; recording it is a separate step.
- Recording, jobsite posting, and building permits are separate requirements.
- The described construction must actually start within 90 days after recording, and the notice generally expires after one year.
- The notice doesn’t replace payment records, lien releases, or the notices required from subcontractors and suppliers.
What a Florida Notice of Commencement Does
The notice creates a public record of an improvement to private property. Florida Statutes section 713.13 governs its contents, recording, posting, and timing.
Recording the notice doesn’t itself create a mechanics lien, the common term for a construction lien. It gives statutory notice that construction liens may be recorded and may receive priority under section 713.07.
For recording, section 713.13 generally requires a notice before work starts when the direct contract is $2,500 or more, subject to statutory exceptions. Section 713.135 separately sets requirements for information permit applicants provide to building departments. Plant City’s permit guidance describes a $5,000 threshold for permit-related purposes, including labor and materials. That figure isn’t a universal threshold for recording a notice. A new home build ordinarily exceeds the recording threshold.
Ownership matters. If you own the lot and contract directly for construction, you’re the owner handling those obligations. When you purchase a builder-owned home, the builder owns the property during construction. Your purchase agreement and closing documents address a different arrangement.
We recommend identifying that distinction before assigning paperwork responsibilities.
Required Information and Owner Signature
A complete notice connects the right property with the right legal parties. A street address alone isn’t enough.
Information the Notice Must Include
Use the statutory form or a county form that includes the required information:
- Include the legal description, plus the street address and tax folio number when available.
- Describe the improvement, such as construction of a single-family residence.
- Identify the owner’s name, address, and ownership interest, plus the fee simple titleholder if different.
- Provide the contractor’s name and address and the construction lender’s information, if applicable.
- Identify any payment-bond surety, its address, and the bond amount.
- Name the owner designee, a person in Florida who can receive service of process, any additional notice recipient, and the applicable expiration date.
Match the property description to the recorded ownership documents. Use the contractor’s legal business name rather than a salesperson’s name or an informal brand name.
Signing, Notarization, and Payment Bonds
The notice must be signed by the owner or an authorized agent. Authority to sign the notice is different from simply handling its filing.
The statutory form requires a notarial acknowledgment. Arrange for the notice to be signed and notarized before recording.
When the project has a payment bond, attach a copy when recording the notice. Failure to attach it negates the bond-based exemption under section 713.02(6). A reference to the bond without the attachment isn’t enough.
Recording and Jobsite Posting
Recording places the notice in the county’s official records. Posting makes the required information available at the property. Both steps matter.
Recording With the County Clerk
The owner or authorized agent records the notice with the county clerk in the county where the property is located. Recording must happen before covered work actually begins.
Section 713.135 sets a separate deadline for direct contracts over $5,000: the permit applicant must provide the notice information before the first inspection under the building permit. That deadline doesn’t replace the requirement to record before work begins.
The permitting authority must accept a recorded notice in the statutory form. County filing forms and electronic-recording procedures vary, but they don’t change state requirements.
Coordinate the notice with construction-mortgage recording. Recording order can affect lien priority, so discuss financing and title arrangements as part of the process.
Lender Duties and the Posted Copy
When a construction lender is involved, section 713.13(7) requires the lender to record the notice before disbursing construction funds. In that case, the owner doesn’t have to record it but must still handle the required job site posting.
Post either a certified copy or a notarized statement that the notice has been filed for recording, together with a copy.
To obtain another copy, use the property’s county clerk official-records search. Search the owner’s name and available recording information. A downloaded document image isn’t automatically a certified copy.
The 90-Day Start Window and Expiration
Two deadlines apply: when construction starts and when the notice expires. Keep both dates with your project schedule and payment records.
Construction Must Start Within 90 Days
A notice becomes void if the described improvement doesn’t actually commence within 90 days after recording. An unused notice can’t remain in place indefinitely while plans or financing are delayed.
If that window passes without construction starting, record a new notice before proceeding.
The 90-day rule is a deadline to start construction, not permission to record after work has begun.
The Notice Generally Lasts One Year
The standard one-year effective period starts when the notice is recorded, unless a different expiration date is stated.
Section 713.13(1)(c) allows the notice to state a different effective period. If the construction contract sets a completion period exceeding one year, state an expiration date that covers the contract period.
Payments the owner makes after expiration are considered improper payments. They may expose the owner to claims from unpaid lienors, depending on the circumstances.
A construction delay doesn’t automatically extend the recorded notice.
Payment Draws and Notices to Owner
A recorded Florida notice of commencement doesn’t confirm that anyone has been paid. Keep it separate from payment approvals and lien releases.
A Notice to Owner identifies a party supplying labor or materials and preserving potential lien rights. A lienor without a direct contract with the owner, other than a laborer, generally must serve this notice within 45 days after first furnishing work or materials.
The notice generally goes to the owner or the owner’s agent and, if known, the contractor. The 45-day deadline isn’t the only limit: the notice must arrive before the owner makes final payment to the contractor. The recorded notice helps identify the owner, designated notice recipient, and construction lender.
Subcontractors and suppliers generally don’t record a notice of commencement themselves. When required, they serve a Notice to Owner. A Notice to Owner is different from a recorded claim of lien.
For homeowners, proper payments mean matching each draw to completed work and collecting applicable lien releases or a lien waiver. Paying the contractor doesn’t necessarily eliminate an unpaid subcontractor’s or supplier’s lien rights.
Before final payment under an applicable direct construction contract, the contractor must provide a final payment affidavit listing unpaid lienors. The list includes lienors who timely served notice and those under direct contract with the contractor. A Florida construction attorney or qualified closing professional can review unclear payment documents.
Amending or Ending the Notice
Schedule, project, or contractor changes may require new recorded paperwork. An informal email doesn’t amend the public record.
Amendments and Contractor Changes
An amended notice may extend the effective period, correct errors, or add missing information. Record an extension before the existing notice expires.
Under section 713.13(5), serve the amendment on the contractor and each lienor who has served a notice to owner within 10 days after recording. Keep the recorded amendment and proof of service together.
A contractor change may require a new notice of commencement or a notice of recommencement, depending on whether the existing notice remains effective and how work resumes. Review existing payments, notices, and lien exposure before replacement work begins.
Termination Before the Expiration Date
Under section 713.132, an owner can end the notice’s effectiveness by executing, swearing to, and recording a notice of termination with the required statements. Serve a copy on the contractor and each lienor who has served a notice to owner within 10 days after recording.
Recording alone doesn’t end the notice immediately. The effective date cannot be earlier than 30 days after recording.
Get legal guidance before terminating a notice, especially when amounts remain unpaid, work is unfinished, or the contractor is being replaced.
Frequently Asked Questions
Is a Notice Required for Minor Repairs?
Under § 713.13, the general recording trigger is a direct contract exceeding $2,500. Section 713.135 sets a separate threshold for permit processing, so the two requirements shouldn’t be treated as identical.
For repair or replacement of an existing heating or air-conditioning system, the recording trigger is $7,500. Other statutory exceptions may also apply. A small repair and a complete new home don’t carry the same scope or paperwork.
What Happens if Change Orders Push the Price Above $5,000?
A change order can affect both Notice of Commencement and permit paperwork. Under § 713.13, the general recording trigger is a direct contract exceeding $2,500, subject to statutory exceptions. Permit processing has a separate threshold under § 713.135.
Put the change in writing and confirm the applicable recording, posting, and permit requirements before the added work proceeds. Don’t assume the original price determines which requirements apply after the contract changes.
Does the Requirement Apply Only to Homes?
No. Florida’s notice requirements also cover qualifying private commercial improvements.
Florida public projects follow different payment-protection rules and don’t use this private-project notice requirement. Federal public construction is governed by federal requirements, including the Miller Act.
What if No Recorded Notice Can Be Found?
Raise the missing record promptly with the owner, construction lender, or title professional. A missing search result doesn’t establish that no notice exists.
It also doesn’t automatically cancel lien rights or pause a subcontractor’s notice deadlines. Address the missing paperwork before relying on it for a payment decision.
Build With Clear Paperwork and Responsibilities
A properly handled notice supports clear responsibilities before construction begins. The owner signature, county recording, posted copy, start date, and expiration all need attention.
We recommend keeping those records with your contract, approved changes, draw requests, and releases. This is general information, not legal advice; disputed lien or payment issues deserve a Florida construction attorney’s review.
For a new home in Lee, Charlotte, or Highlands County, discuss your project with us before you commit to the scope, budget, and schedule.
