--- title: What Is a Notice of Commencement in Florida? slug: what-is-a-notice-of-commencement-in-florida description: Learn what a Florida Notice of Commencement is, who files it, why subcontractors must respond with a Notice to Owner, and how LienFlash protects your lien rights. published: 2026-06-24T11:53:51.580Z updated: 2026-06-24T11:53:51.580Z canonical: https://lienflash.app/blog/what-is-a-notice-of-commencement-in-florida author: Grant Larsen publisher: LienFlash --- # What Is a Notice of Commencement in Florida? A Florida Notice of Commencement (NOC) is a recorded legal document that officially opens the lien period on a private construction project, required under [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html) before an owner or contractor can pull a building permit on most projects over $2,500. The owner — not the subcontractor — is responsible for recording the NOC in the county where the property is located before work begins. Once recorded, the NOC triggers the clock for subcontractors and suppliers: to preserve mechanics lien rights on that project, subs and suppliers must serve a Notice to Owner (NTO) under [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html) within 45 days of first furnishing labor or materials. Failing to serve an NTO on time is a complete bar to lien rights — no NTO, no lien, no leverage. ## Who Is Required to File a Notice of Commencement in Florida? The property owner — or the owner's authorized agent — is required to record the Notice of Commencement, not the subcontractor or general contractor. Under [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(1)(a), the NOC must be recorded in the clerk of court's office in the county where the property is located before construction begins or before the first inspection is approved on a permitted project. If the owner fails to record one and work proceeds, the project is still subject to Florida lien law — the absence of a recorded NOC simply creates additional complications for everyone involved. The general contractor has a related obligation: before receiving any payment under the direct contract, the GC must provide the owner with a copy of the recorded NOC, per [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(1)(f). If the GC doesn't do that, the owner can withhold payment. As a subcontractor, you don't record the NOC — but you absolutely need a copy of it before you serve your Notice to Owner. ## What Information Does a Florida Notice of Commencement Contain? A valid Florida NOC must include specific information as outlined in [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(1)(a): - **Legal description of the property** and the street address if available - **General description of the improvement** being constructed - **Name and address of the owner** and the owner's interest in the property - **Name and address of the fee simple titleholder**, if different from the owner - **Name and address of the general contractor** - **Name and address of the surety** on the payment bond, if any, and the bond amount - **Name and address of the construction lender**, if any - **Expiration date** of the NOC — which is one year from recording unless a different date is stated, per [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(1)(c) The NOC must be signed and notarized, then recorded with the county clerk. Some counties also require it to be posted at the job site. Miami-Dade, Broward, and Palm Beach have local requirements — always verify with the county building department. ## Why Does the Notice of Commencement Matter to Subcontractors and Suppliers? The NOC matters to subs and suppliers because it contains the information you need to properly serve your Notice to Owner — and without a correctly served NTO, you have zero mechanics lien rights on the project. That's not a technicality. Florida courts enforce it. Here's the direct connection: your NTO must be addressed to the owner and the construction lender (if any) listed on the NOC. If you get that information wrong — wrong owner name, wrong lender — your NTO may be defective. A defective NTO can void your lien rights just as surely as serving nothing at all. Practically speaking, when you land a sub-sub or material supplier role on a project, the first thing you should do is pull the recorded NOC from the county property records. It's a public document. Many counties in Florida have online search tools. The NOC tells you who to send your NTO to, what the project covers, whether there's a payment bond in play, and when the NOC expires. One more critical point: if the NOC expires before the project is complete and a new NOC is recorded, your original NTO does not carry over. You may need to serve a new one. [Florida lien resources](/resources/florida-notice-to-owner) ## What Is the Difference Between a Notice of Commencement and a Notice to Owner in Florida? The Notice of Commencement and the Notice to Owner are two separate documents with two separate purposes — and they are frequently confused. The NOC is recorded by the **owner** to open the lien period. The NTO is served by **subcontractors, sub-subcontractors, and material suppliers** to preserve their lien rights. Think of it this way: | Document | Who Files It | Purpose | Deadline | |---|---|---|---| | Notice of Commencement | Property Owner | Opens the lien period; recorded in county records | Before work begins or permit is issued | | Notice to Owner | Subcontractor / Supplier | Preserves the right to lien | Within 45 days of first furnishing | General contractors who have a direct contract with the owner do **not** need to serve an NTO — their direct contract relationship already gives them lien rights. Subcontractors and suppliers one step removed (or further) from the owner always need to serve one. Under [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c), the NTO must be served by certified mail, registered mail, or actual delivery. LienFlash handles this via USPS Certified Mail with a Certificate of Mailing — which is exactly what Florida law requires and exactly what you'd need to prove delivery if a dispute ever ends up in front of a judge. [Florida lien deadline reference](/deadlines/florida) ## What Happens If There Is No Notice of Commencement on a Florida Project? If no NOC has been recorded and work begins, the project doesn't fall outside Florida lien law — it falls into a gray zone that creates real risk for everyone. Under [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(4), if an owner fails to record an NOC before a permit is issued, the contractor may record the NOC on the owner's behalf. If neither party records one, subcontractors and suppliers still have lien rights, but the required recipient information for NTO service becomes harder to confirm. As a subcontractor, if you show up to a job and can't find a recorded NOC in the county records, don't assume you're off the hook from serving an NTO. Serve it anyway to the best address information you have. Document everything. Florida courts look at whether a party made reasonable efforts to comply, but that's a defense of last resort — not a strategy. The bigger practical problem with no NOC: you can't confirm whether there's a construction lender. If there is one and you don't serve your NTO on that lender, your lien rights against lender-disbursed funds may be compromised. ## When Does a Florida Notice of Commencement Expire? A Florida NOC expires one year from the date it was recorded unless the NOC itself states a different expiration date, per [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(1)(c). The owner can record a Notice of Commencement with a shorter or longer duration — though extensions beyond one year require a separate recorded amendment. For subcontractors, this matters on long-duration projects. If you start work in month 10 of a project with a one-year NOC and the NOC expires in month 12, a new NOC will likely be recorded. Your NTO obligation doesn't automatically extend — you need to evaluate whether your existing NTO still covers your work and, if not, serve a new one. Keep this timeline in mind: if you're working a project that spans two calendar years, check the NOC expiration date. It's listed right on the recorded document. ## How Do Florida Subcontractors Use the NOC to Protect Their Payment? The NOC is your roadmap — here's the practical workflow: 1. **Pull the recorded NOC** from county property records as soon as you're awarded a subcontract. Don't wait until you've started work. 2. **Identify the owner, fee simple titleholder (if different), and construction lender** — those are your NTO recipients. 3. **Calculate your 45-day NTO deadline** from the date you first furnish labor or materials. Your first day on site or first material delivery starts the clock. 4. **Serve your NTO by certified mail** to each required recipient within that window. 5. **Keep your Certificate of Mailing** as proof. This document is your paper trail if a payment dispute escalates. According to Rabbet's 2024 Construction Payments Report, 82% of contractors face payment waits of over 30 days — up from 49% just two years earlier. A properly served NTO doesn't guarantee payment, but it gives you the legal tool to enforce it. A mechanics lien filed on a project where you properly served an NTO creates immediate pressure on the property owner, because a lien clouds title and blocks refinancing or sale. In 2024, preliminary notices were filed on construction projects valued at over $22.7 billion in the United States, according to Lienser data reported by DocJoist. Florida is one of the most active lien states — that volume reflects subs who understand that paper protects them. [Florida Mechanics Lien Guide](/learn/florida-mechanics-lien) ## Frequently Asked Questions ### Does the property owner have to give subcontractors a copy of the Notice of Commencement? Under [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(2), the owner must post a certified copy of the NOC at the job site before work begins. In practice, this doesn't always happen reliably. Don't depend on anyone handing it to you — pull it yourself from county property records. It's a public document and most Florida counties have online search portals. ### Can a general contractor record the Notice of Commencement instead of the owner? Yes. Under [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(4), if the owner fails to record the NOC, the contractor may record it on the owner's behalf. However, the NOC must still list the owner's information, and the recording is done as the owner's agent. The general contractor does not become the "owner" for lien purposes. ### What happens if a subcontractor misses the 45-day Notice to Owner deadline in Florida? Missing the 45-day NTO deadline under [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c) eliminates your mechanics lien rights entirely for that project. There is no grace period and no cure. The only exception is if you have a direct contract with the property owner — in that case, you're treated as a prime contractor and the NTO requirement does not apply to you. ### Is a Notice of Commencement required on all Florida construction projects? No. Under [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html), the NOC requirement applies to projects where the contract price exceeds $2,500. Projects below that threshold and certain repair/maintenance work under specific conditions may be exempt. Owner-builders doing their own work on their primary residence may also have different requirements — consult a Florida construction attorney if you're unsure about a specific project type. ### Does the Notice of Commencement affect a subcontractor's bond claim rights? Yes, indirectly. The NOC will indicate whether a payment bond has been recorded on the project and identify the surety. If there's a bond, subcontractors have the option to pursue a bond claim under [Fla. Stat. § 713.23](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.23.html) in addition to or instead of a lien. Bond claims have different deadlines and notice requirements than mechanics liens, so pull the NOC early and know what options are available on each job. ### Can a subcontractor file a mechanics lien in Florida without a Notice to Owner? No. If you are a subcontractor, sub-subcontractor, or material supplier without a direct contract with the property owner, a properly served NTO is a mandatory prerequisite to filing a valid mechanics lien in Florida. Courts have consistently upheld this requirement. No NTO means no valid lien — period. ### What if the information on the Notice of Commencement is wrong or outdated? If the NOC contains errors — wrong owner name, outdated lender information — serve your NTO to the parties as listed on the recorded document and also to the correct parties if you have better information. Document your service carefully. The goal is to demonstrate you made a good-faith, reasonable effort to comply. If there are significant errors, notify the general contractor in writing and consider consulting a Florida construction attorney. ### How long does a Notice of Commencement last in Florida? A Florida NOC is effective for one year from the recording date unless a different expiration date is stated in the document itself, per [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(1)(c). The owner can extend it by recording a notarized amendment before it expires. On multi-year projects, check the NOC expiration date and watch for a new NOC being recorded — which may require you to serve a new Notice to Owner. ## Protect Your Lien Rights Before the Clock Runs Out The 45-day NTO deadline in Florida doesn't care about your workload, a slow project manager, or the fact that you forgot to pull the NOC. It's a hard cutoff. Once you first furnish labor or materials on a Florida project, the clock is running. LienFlash files your Florida Notice to Owner in about 2 minutes — attorney-reviewed, state-compliant, sent by USPS Certified Mail with a Certificate of Mailing PDF you can store and produce if it ever comes to that. At $24.99 per notice, it costs less than an hour of your labor rate to protect a contract worth thousands. [create a LienFlash account](/signup) --- Source: https://lienflash.app/blog/what-is-a-notice-of-commencement-in-florida Author: Grant Larsen, President, LienFlash Publisher: LienFlash (https://lienflash.app)