Notice of Commencement in Florida: What It Is, What It Contains and How Long It Lasts
A notice of commencement is recorded before construction starts. Florida Statute 713.13 sets its contents, a 1-year default life and a 90-day start rule.
Quick answer
A notice of commencement is a sworn notice an owner records with the county clerk before construction begins, naming the property, the contractor, any lender and the work. In Florida it is effective when filed, lasts one year unless stated otherwise, and fixes when contractors and suppliers lien rights take priority.
What is a notice of commencement?
A notice of commencement is the starting flag for a construction project in Florida. The owner, or the owner's authorized agent, records it with the clerk before actually commencing to improve the property. It tells the world which project is underway and who is involved.
The Florida rule is in section 713.13 of the Florida Statutes, part of the construction lien law in chapter 713. This article reads that section as published on the Florida Legislature's Online Sunshine site. Other states use different documents, and this guide does not describe them. Florida is the state where the notice of commencement is a central, searchable record.
The notice is not a lien. The statute says: "The recording of a notice of commencement does not constitute a lien, cloud, or encumbrance on real property" (Florida Statutes 713.13). What it does is give constructive notice, meaning notice the law treats as given to everyone because it is in the public record, that claims of lien may be recorded and may take priority.
Definition
Notice of commencement — A document an owner records in the county records, and posts on the job site, before construction starts, identifying the property, the improvement, the contractor and others who may later claim a construction lien.
When is a notice of commencement required in Florida?
Before work starts. Section 713.13(1)(a) says an owner, before actually commencing to improve any real property, must record a notice in the clerk's office and post a certified copy, or a notarized statement that the notice has been filed along with a copy, on the site. It applies whether or not the project has a payment bond. The same duty applies when the owner recommences work after default or abandonment.
There are exceptions. The section does not apply to an improvement exempt under section 713.02(5), and it does not apply to an owner constructing improvements described in section 713.04. Whether a particular project falls in an exception is a legal question for an attorney, not something a records search answers.
Lenders have their own duty. Under subsection (7), a lender must record the notice before it disburses any construction funds to the contractor, although the lender is not required to post it at the site. Posting remains the owner's job.
The permit office is also involved. The statute says the authority issuing a building permit must accept a recorded notice of commencement from the owner or the owner's agent if it is in the statutory form. The form itself carries a warning that the notice must be recorded and posted on the site before the first inspection.
What must a notice of commencement contain?
Section 713.13(1)(a) lists the required contents. The notice must be in substantially the form the statute provides, and the owner, not someone else, must sign it (subsection (1)(g)). The required items are:
- A description of the property sufficient for identification: the legal description, plus the street address and tax folio number if available.
- A general description of the improvement.
- The owner's name and address, the owner's interest in the site, and the fee simple titleholder if different. A lessee who contracts for the work is listed as the owner with a statement that the interest is a leasehold.
- The contractor's name and address.
- The surety on any payment bond and the bond amount. A copy of the bond must be attached when the notice is recorded.
- The name and address of anyone making a loan for the construction.
- A person within Florida, other than the owner, designated to receive notices and documents; service on that person counts as service on the owner.
- Optionally, one more person to receive a copy of each lienor's notice to owner.
Notice of commencement rules in Florida at a glance
No county-level count of notices of commencement is available in our open-data feeds, so this article uses the statute itself as its data. The table lists the figures and time limits in chapter 713 that bear on a notice of commencement, each read on the Online Sunshine pages listed under sources.
| Rule | Number or time | Section |
|---|---|---|
| Default life of the notice against purchasers and lenders | 1 year after recording, unless the notice or an amendment says otherwise | 713.13(6) |
| Work must actually start | Within 90 days after recording, or the notice is void | 713.13(2) |
| Contract longer than one year | Notice must state it is effective for 1 year plus any additional period | 713.13(1)(c) |
| Notice becomes effective | When filed in the clerk's office | 713.13(1)(f) |
| Earliest termination date on a notice of termination | Not earlier than 30 days after the termination notice is recorded | 713.132(1)(c) |
| Subcontractor or supplier notice to owner | Before starting, or not later than 45 days after starting to furnish | 713.06(2) |
| Lienor's claim of lien recorded | Not later than 90 days after final furnishing | 713.08(5) |
| Life of a recorded claim of lien | 1 year unless an action to enforce is commenced | 713.22(1) |
How long does a notice of commencement last?
One year after recording, unless the notice says otherwise. Section 713.13(6) says that, unless otherwise provided in the notice or in a new or amended one, a notice of commencement is not effectual against a conveyance, transfer, mortgage or lien on the property, or against creditors or subsequent purchasers for value, after one year from the recording date.
The form in the statute has a line for an expiration date and says it will be one year after recording unless a different date is specified. If the contract states a completion time greater than one year, the notice must say it is effective for one year plus the additional time.
The risk for owners is stated in capital letters on the form: payments made after the notice expires are considered improper payments and can result in the owner paying twice. Section 713.13(1)(c) repeats that payments after expiration are improper payments.
A notice that is never acted on dies sooner. If the improvement is not actually commenced within 90 days after recording, the notice is void and of no further effect (subsection (2)).
An owner can also end a notice early by recording a notice of termination under section 713.132. It must repeat the notice's information, cite the recording reference of the original, state a termination date no earlier than 30 days after the termination is recorded, and state that all lienors have been paid in full. It also requires serving copies on certain lienors before recording.
How does a notice of commencement affect mechanic's lien rights?
It sets the priority date. Under section 713.07(2), liens of subcontractors and others under sections 713.05 and 713.06 attach and take priority as of the time the notice of commencement is recorded. If no notice of commencement is filed, those liens attach and take priority when their claim of lien is recorded instead.
In practice, that means a recorded notice of commencement can put construction liens ahead of a mortgage or deed recorded after it, even though the claims of lien are recorded later. Section 713.07(3) gives such liens priority over conveyances and encumbrances not recorded before the lien attached.
The notice also starts the information flow. A subcontractor or supplier that is not in direct contract with the owner serves a notice to owner (section 713.06(2)) before starting, or no later than 45 days after starting to furnish labor or materials. The owner named in the recorded notice is where that notice is sent, or to the person the owner designated.
The last step belongs to the lienor. A claim of lien is recorded in the clerk's office not later than 90 days after final furnishing (section 713.08(5)), and under section 713.22 it lapses after one year unless a court action to enforce it begins. For the general picture of how liens work, see lien on a house and, when one is paid, release of lien.
How do you find a notice of commencement in the clerk's records?
Identify the county clerk
In Florida the clerk of the circuit court keeps the official records, and section 713.13 says the notice is recorded in the clerk's office. Use the clerk for the county where the parcel sits. Our Florida counties are listed on the Florida title search page, for example Hillsborough County.
Search the owner's name in the official records
Search the current owner and recent prior owners. Try name variants and spelling differences.
Filter by document type and recent dates
Look for a document type labeled notice of commencement and any notice of termination or amended notice. Sort by recording date. A notice recorded in the last year, or longer if the contract is long, may still be effective.
Read the contents
Note the contractor, any lender, the bond (if attached), the expiration date and the designated persons. Check the legal description matches the parcel.
Look for a termination and for claims of lien
A recorded notice of termination ends the notice's effectiveness no earlier than 30 days after it is recorded. Also search for a claim of lien and any lis pendens that follows; see Florida lis pendens.
What a notice of commencement search does not show
Why does a notice of commencement matter to buyers, lenders and owners?
A buyer. A recent notice on a property you are buying means recent or ongoing construction. Unpaid trades could still record claims of lien for 90 days after their last work, so a clean index today does not settle the question. Compare the notice's expiration date with the closing date, and read the how to check for liens on a property guide for the broader steps.
A lender. The statute makes the lender responsible for recording the notice before disbursing construction funds, and a lender that fails to do so is liable to the owner for the owner's resulting damages (subsection (7)). Section 713.13(7) does not give anyone other than the owner a claim against the lender for that failure.
An owner. The owner signs the notice and no one else may sign instead (subsection (1)(g)). The owner is responsible for posting it, and for not paying after it has expired. An amendment is possible during the effective period to extend it, correct errors or add omitted information, but changing contractors needs a new notice or a notice of recommencement (subsection (5)).
For comparison with another recorded-lien system, the Maricopa County lien search article shows how a recorded-lien search works in Arizona. This guide makes no claim about Arizona law.
Where a title search fits
A recorded notice of commencement, notice of termination or claim of lien is a record in the county official records, and these appear in a records search of the property. HeritageDeed offers a Current Owner Search at $49, a Two Owner Search at $79 and a 30-Year Search at $129 in the counties listed on its title search pages. It is a records search, not title insurance and not legal advice.
Key takeaways
Key takeaways
- A notice of commencement is recorded and posted before construction starts under Florida Statute 713.13; it is effective on filing and is not itself a lien.
- By default it lasts one year after recording unless the notice says otherwise, and it is void if work does not start within 90 days.
- Its recording time sets the priority date for subcontractor and supplier liens under section 713.07(2).
- Payments after it expires are improper payments, which can mean paying twice.
- An owner can end it early with a notice of termination, effective no sooner than 30 days after recording.
- Find it by searching the owner's name in the county clerk's official records, then look for terminations and claims of lien.
Frequently asked questions
- What is a notice of commencement?
- It is a sworn notice an owner records with the county clerk, and posts at the site, before construction begins. It names the property, the improvement, the owner, the contractor, any bond surety and lender. In Florida it is governed by section 713.13 and is not a lien itself.
- Is a notice of commencement required in Florida?
- Generally yes. Section 713.13 says an owner must record one before actually commencing to improve real property, with exceptions such as improvements exempt under section 713.02(5) and owners covered by section 713.04. Ask an attorney whether your project falls in an exception.
- How long is a notice of commencement good for in Florida?
- One year after recording, unless the notice or an amendment says otherwise. If the contract allows more than a year to finish, the notice must state that it is effective for one year plus the additional period. It is void if work does not begin within 90 days.
- Who signs a notice of commencement?
- The owner. Section 713.13(1)(g) says the owner must sign it and no one else may be permitted to sign in the owner's stead. The form is acknowledged before a notary. A lessee who contracts for the improvements is treated as the owner.
- Can a notice of commencement be amended or cancelled?
- Yes. Within its effective period it can be amended to extend the period, fix errors or add omitted information. To end it early, an owner records a notice of termination, effective no earlier than 30 days after recording and stating all lienors are paid in full.
- Does a notice of commencement put a lien on my house?
- No. Section 713.13(3) says recording it does not constitute a lien, cloud or encumbrance. It gives constructive notice that claims of lien may be recorded and may take priority, so unpaid contractors and suppliers can later record claims of lien.
- Where do I find a notice of commencement for a property?
- In the official records kept by the county clerk of the circuit court where the property sits. Search the owner's name, filter by document type and recording date, then check for a notice of termination, an amendment or a claim of lien.
- What happens if no notice of commencement is recorded?
- Under section 713.07(2), liens of subcontractors and suppliers then attach and take priority when their claim of lien is recorded rather than at the notice's recording. The statute still expects the owner to record one, so the owner should confirm the rules with an attorney.
Sources
Primary records and official documentation cited in this article.
- 1Florida Legislature, Online Sunshine, Florida Statutes 713.13, Notice of commencement
- 2Florida Legislature, Online Sunshine, Florida Statutes 713.07, Priority of liens
- 3Florida Legislature, Online Sunshine, Florida Statutes 713.08, Claim of lien
- 4Florida Legislature, Online Sunshine, Florida Statutes 713.06, Liens of persons not in privity
- 5Florida Legislature, Online Sunshine, Florida Statutes 713.132, Notice of termination
- 6Florida Legislature, Online Sunshine, Florida Statutes 713.22, Duration of lien
HeritageDeed provides public-record search reports only. Reports do not constitute title insurance, an attorney opinion of title, or a title insurance commitment.