Florida Notice of Commencement: Complete 2026 Filing Guide
In Florida, the Notice of Commencement (NOC) is a mandatory document that the property owner or their authorized agent must record in the county public records before construction begins on any direct-contract improvement exceeding $2,500, under Fla. Stat. § 713.13. The NOC is not filed by subcontractors — it is filed by the owner or general contractor — but every subcontractor and supplier on the job has a legal stake in its contents. Once an NOC is posted, subcontractors and suppliers have 45 days from first furnishing labor or materials to serve a Notice to Owner (NTO) under Fla. Stat. § 713.06(2)(c) to preserve their mechanics lien rights. Failing to serve a timely NTO is a complete bar to a mechanics lien for most downstream parties.
What Is a Florida Notice of Commencement and Who Files It?
The Notice of Commencement is a recorded document that officially opens the lien period on a Florida construction project. Under Fla. Stat. § 713.13(1)(a), the owner of real property — or an authorized agent — must record the NOC in the clerk of court's office in the county where the property is located before commencing any improvement with a direct-contract value greater than $2,500.
The GC typically handles this as a practical matter, but the legal obligation rests with the property owner. The NOC must be recorded before the first inspection requested by the owner or contractor, and a certified copy must be posted at the job site or included in the building permit application package in jurisdictions that require it.
The NOC must contain the following under Fla. Stat. § 713.13(1)(b):
- Legal description of the property and street address
- General description of the improvement
- Owner's name, address, and interest in the property
- Name and address of the contractor (GC)
- Name and address of the surety (if a bond has been issued)
- Name and address of the construction lender (if any)
- Name and address of any persons designated to receive copies of lien notices (if applicable)
- Expiration date of the NOC (not to exceed one year from recording, unless extended)
Missing any required element can render the NOC defective, which creates problems for everyone on the project — including subcontractors trying to serve valid lien notices.
How Long Is a Florida Notice of Commencement Valid?
A Florida NOC is valid for one year from the date it is recorded, unless the owner designates a specific expiration date that is sooner. Under Fla. Stat. § 713.13(1)(c), the NOC may be amended or extended by recording a Notice of Commencement Amendment before the original expires.
If a project runs longer than one year and no extension is recorded, the NOC expires. An expired NOC means that work continuing after expiration is no longer covered under the original lien structure. In that scenario, the owner should record a new NOC, and subcontractors and suppliers starting work after the expiration of the original must treat it as a new project for purposes of their Notice to Owner deadlines.
Subcontractors should track NOC recording dates on every Florida project. If you start work close to the one-year mark without seeing a recorded extension, pull a copy from the county records and confirm the NOC is still active before assuming your NTO deadline is still tied to the original recording.
What Is the Difference Between a Notice of Commencement and a Notice to Owner in Florida?
These are two separate documents with different filers and different legal functions. The Notice of Commencement is filed by the owner (or GC on the owner's behalf) and recorded in public records. The Notice to Owner (NTO) is served by subcontractors, sub-subcontractors, and material suppliers directly to the property owner — and it is what actually preserves your lien rights as a downstream party.
Under Fla. Stat. § 713.06(2)(c), any subcontractor or supplier who does not have a direct contract with the property owner must serve a written NTO on the owner and the GC within 45 days of first furnishing labor, services, or materials. That 45-day clock starts on the date you first set foot on the job or make your first delivery — not the contract date, not the invoice date.
The NTO must be served by registered mail, certified mail, or personal delivery. It cannot simply be emailed or handed to the GC without a formal delivery method that creates a paper trail.
If you have a direct contract with the property owner, you are not required to serve an NTO. But if you are a sub or a supplier hired by a GC or another sub, the NTO is non-negotiable.
Who Is Required to Serve a Florida Notice to Owner?
Any party without a direct contract with the property owner must serve an NTO to preserve lien rights. That includes:
- Subcontractors (electrical, plumbing, HVAC, roofing, drywall, painting, concrete, framing, etc.)
- Sub-subcontractors (any tier below the GC)
- Material suppliers who supply to a subcontractor (not directly to the owner)
- Equipment lessors supplying to a sub
- Laborers paid by someone other than the owner
Parties who do NOT need to serve an NTO:
- General contractors with a direct contract with the owner
- Professionals who perform design services before construction begins (architects, engineers) under certain conditions
According to Rabbet's 2024 Construction Payments Report, 82% of contractors face payment waits of over 30 days. Florida's NTO requirement is one of the few tools a subcontractor has to force a paper trail of accountability before payment disputes escalate to a full lien filing.
What Happens If a Subcontractor Misses the 45-Day NTO Deadline in Florida?
Missing the 45-day NTO deadline in Florida eliminates your right to file a mechanics lien on that project — period. Unlike some states where late service partially preserves lien rights for work performed in a rolling window, Florida's statute does not provide a grace period for subcontractors who miss the 45-day window.
Under Fla. Stat. § 713.06(2)(c), the NTO must be served no later than 45 days after first furnishing. If you serve it on day 46, you have lost your lien rights. Your only remaining remedies in a payment dispute are breach of contract claims or bond claims (if the project is bonded) — both of which are more expensive and harder to win than a properly perfected mechanics lien.
The math on filing early is straightforward. According to LienFlash pricing applied to typical subcontract values, a single preliminary notice at $24.99 that preserves lien rights on a $15,000 subcontract that would otherwise go unpaid represents a 60,000% return on the cost of filing. On a $75,000 contract, the return exceeds 300,000%. Serving an NTO on day 1 or day 2 costs the same as serving it on day 44 — there is no reason to wait.
Florida lien deadline reference
How Do You Record or Obtain a Copy of a Florida Notice of Commencement?
The NOC is recorded by the owner or their authorized agent at the county clerk of court's office in the county where the project is located. Most Florida counties now offer online recording and online public records search. To look up an NOC on a project:
- Go to the county clerk's official website (e.g., Miami-Dade Clerk, Orange County Comptroller, Hillsborough County Clerk)
- Search by property address or legal description in the Official Records search tool
- Filter for document type "Notice of Commencement"
- Confirm the recording date, expiration date, owner information, and contractor information
As a subcontractor, you are entitled to request a certified copy of the NOC from the GC or the county. Under Fla. Stat. § 713.13(5), the owner is required to provide a certified copy of the NOC to any lienor who makes a written request.
Pull the NOC on every Florida project before you start work. The lender information on the NOC tells you if you need to copy a construction lender on your NTO, which is an additional service requirement under Fla. Stat. § 713.06(2)(c) when a lender is listed.
What Are the Florida Mechanics Lien Deadlines After Serving an NTO?
Serving the NTO preserves your right to file a mechanics lien — but you still have to meet additional deadlines to perfect that lien if payment is not made.
Key Florida mechanics lien deadlines under Chapter 713:
- NTO deadline: 45 days from first furnishing (Fla. Stat. § 713.06(2)(c))
- Claim of Lien filing deadline: 90 days from the last day you furnished labor, services, or materials (Fla. Stat. § 713.08(5))
- Lien enforcement deadline: 1 year from the date the Claim of Lien is recorded, unless a shorter date is set by a Notice of Contest of Lien (Fla. Stat. § 713.22)
If the owner records a Notice of Contest of Lien, your enforcement deadline shortens to 60 days from the date that notice is served on you. Missing that shortened deadline extinguishes the lien entirely.
According to Rabbet's 2024 Construction Payments Report, slow payments cost the U.S. construction industry an estimated $280 billion in 2024. Properly perfected mechanics liens are the single most effective tool subcontractors have to force payment before a dispute drags into litigation.
Frequently Asked Questions
Does a subcontractor in Florida file a Notice of Commencement?
No. The Notice of Commencement is filed by the property owner or their authorized agent, not by subcontractors. Subcontractors serve a separate document called a Notice to Owner (NTO) under Fla. Stat. § 713.06(2)(c) within 45 days of first furnishing to preserve their lien rights.
What happens if there is no Notice of Commencement on a Florida project?
If no NOC has been recorded and work has begun, the project may not have a valid lien structure established. Subcontractors should still serve their NTO to protect themselves. If you cannot locate a recorded NOC, contact the GC and the county clerk before proceeding. Construction that begins without a required NOC creates risk for everyone on the job, including the owner.
Does a Florida Notice of Commencement expire?
Yes. Under Fla. Stat. § 713.13(1)(c), an NOC expires one year from the recording date unless a shorter expiration is specified or an extension is recorded before the original expires. Work performed after the NOC expires is not covered by the original lien structure.
Does a subcontractor with a direct contract with the owner need to serve an NTO in Florida?
No. Under Fla. Stat. § 713.06, only parties without a direct contract with the property owner must serve an NTO. If you are hired directly by the owner, you are not required to serve an NTO to preserve lien rights — but you are still subject to the Claim of Lien filing deadline of 90 days from last furnishing.
Can a Florida NTO be served by email?
No. Florida law requires the NTO to be served by registered mail, certified mail, or personal delivery. Email does not satisfy the service requirements under Fla. Stat. § 713.06(2)(c) and will not protect your lien rights if challenged.
What information is required on a Florida Notice to Owner?
A Florida NTO must include: the name and address of the serving party, a description of services or materials being furnished, the name of the party who hired you (GC or sub), the property description, and the owner's name and address. It must be substantially compliant with the form set out in Fla. Stat. § 713.06(2)(c). Using an attorney-reviewed template is the safest way to ensure compliance.
What is the cost to record a Notice of Commencement in Florida?
Recording fees vary by county but typically range from $10 to $30 for the first page plus additional per-page fees. This is a cost borne by the property owner. Subcontractors do not pay to record an NOC — they pay to send their NTO, which does not require recording, only proper service.
Can the GC post the NOC bond instead of recording?
Yes. Under Fla. Stat. § 713.13(1)(e), instead of recording an NOC, the owner may have the contractor post a payment bond for the full contract amount, which provides an alternative payment protection mechanism. If a bond is posted, subcontractors and suppliers may file a claim against the bond rather than a mechanics lien.
Protect Your Lien Rights Today
Every Florida job you work without serving a timely Notice to Owner is a job where you are betting on the owner's goodwill to get paid. The 45-day clock starts the day you first furnish — not when you invoice, not when you get your contract signed. LienFlash generates attorney-reviewed, Florida-compliant NTO forms and sends them via USPS Certified Mail with a Certificate of Mailing PDF in under two minutes. One notice is $24.99. Your next Florida job starts your clock the day you show up.
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