Notice of Commencement in Florida: What It Is and When You Need One

If you hire a contractor for a sizable Florida project, you'll be asked to sign a Notice of Commencement. It looks like paperwork, but it's one of the main ways Florida's construction lien law protects homeowners, and skipping it can be expensive.

What a Notice of Commencement does

Florida's construction lien law lets subcontractors, laborers and suppliers who weren't paid file a lien against the property they improved, even if you paid your contractor in full. The Notice of Commencement is the public record that a project has started. It lists:

• the property's legal description
• a description of the work
• the owner, contractor and any surety bond
• the lender, if the project is financed
• anyone the owner designates to receive copies of notices
• the expiration date of the notice

Subcontractors and suppliers use it to send you a "Notice to Owner", which tells you they're working on your project and expect to be paid. That's how you know whose lien releases to collect before you pay. Our guide to Florida's construction lien law explains the whole process.

When is it required?

Florida requires the permit applicant to file a certified copy of the recorded Notice of Commencement, or a notarized statement that it's been filed for recording, with the building department before the first inspection when the direct contract is greater than $5,000. That threshold was raised from $2,500 in 2023. Repairing or replacing an existing heating or air conditioning system is exempt when the contract is under $15,000.

Some older county forms still show the earlier thresholds, so go by the current statute and your building department's instructions. Our guide to hiring a contractor in Melbourne covers how this works in Brevard County.

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How to record one

1. Get the form from your contractor, the building department or the county clerk's website.
2. Fill in the details. The legal description comes from your deed or the property appraiser's record.
3. Sign it in front of a notary. The owner must sign; a contractor can't sign on your behalf.
4. Record it with the county clerk of court and pay the recording fee.
5. Post a certified copy at the job site and give one to the building department before the first inspection.

Miami-Dade's guidance says the notice must be recorded within 90 days before work starts, and that it's generally good for one year unless a different date is stated. If your project runs long, ask how to extend it.

Protecting yourself after it's recorded

• Keep every Notice to Owner you receive. Each one is a party you'll need a release from.
• Before each payment, ask your contractor for lien releases from the subcontractors and suppliers who have sent notices, covering the work being paid for.
• Before final payment, get the contractor's final payment affidavit listing anyone still unpaid.
• Don't pay far ahead of the work. See contractor deposits in Florida.

Owner-builders

If you pull your own permit as an owner-builder, you're responsible for the Notice of Commencement and for paying everyone you hire. For contracts and payment terms, use our renovation contract checklist.