Updated August 2025 | All statutory references in this article reflect the Florida Statutes, Title XL, Chapter 713 (2024 codification)
The Notice of Commencement in Florida is a critical document for property owners—and it directly affects subcontractors and material suppliers. Under Fla. Stat. § 713.13, the statutory duty to file lies with the owner (or construction lender).
For subcontractors and suppliers, this matters because their right to lien information, proper payment tracking, and project transparency is tied to the notice. A missing or defective Notice of Commencement doesn’t just expose the owner to risk—it makes the payment chain uncertain and increases the likelihood of disputes.
What Is the Florida Notice of Commencement?
A Notice of Commencement is a recorded legal document that marks the official start of a construction project and lists the key stakeholders. It functions as the anchor for lien rights:
- Lien deadlines often depend on this date.
- Payment protections (such as requiring lienors to serve Notices to Owner) are triggered by the recorded notice.
- Transparency is created because contractors, subs, and suppliers can see who is responsible for payment, bonding, or financing.
The document must substantially follow the statutory form in Fla. Stat. § 713.13(1)(d), which contains strict language and warnings to owners.
When Is a Notice of Commencement Required in Florida?
Property owners must record a Notice of Commencement before starting any improvement to private real property exceeding $2,500 in value. Exceptions are limited:
- Projects under $2,500 (unless a building permit is required)
- HVAC repair or replacement work under $15,000 (see Fla. Stat. § 713.02(5))
Without it, owners may not be able to pass inspections, and subs or suppliers may face greater difficulty asserting rights down the line. Federal projects remain outside lien law entirely.
Why File a Notice of Commencement in Florida?
Avoiding Double Payment
If the owner pays a contractor without a valid Notice of Commencement in place, lienors can still file claims. Courts have consistently upheld double liability in these cases because the notice provides the statutory framework that protects both owners and downstream contractors.
Passing Building Inspections
A certified copy of the Notice must be provided to the building department and posted on the site before the first inspection (Fla. Stat. § 713.135(1)(d)). Missing this step halts inspection and delays the job schedule—directly impacting subcontractors and suppliers waiting on progress payments.
Building Trust and Transparency
The owner must furnish copies of the notice to “any person” on request (Fla. Stat. § 713.13(1)(e)). For subs and suppliers, this means ready access to crucial details: who holds the bond, who is financing, and who to notify. In practice, a properly posted and shared notice helps reduce confusion and speeds up dispute resolution.
Who Files a Florida Notice of Commencement?
- Owner or Authorized Agent – Records the notice in the county where the project is located. If the filing is missed, the owner carries the risk.
- Construction Lender – If a lender is providing financing, the lender is legally responsible for recording. In that case, liability for mistakes or omissions shifts to the lender (Fla. Stat. § 713.13(1)(g)).
- Contractors/Subcontractors/Suppliers – They never file this notice. Instead, they protect themselves by sending a Florida Notice to Owner or other statutory notices.
What Information Must Be Included?
Florida law requires specific details for the notice to be valid:
- Legal description, street address, and tax folio number of the property.
- General description of the improvement.
- Owner or lessee’s name, address, and ownership interest.
- Contractor’s name, address, and phone number.
- Surety’s name, address, phone number, and bond amount (if bonded).
- Lender’s name, address, and phone number (if applicable).
- Owner’s designated agent for service of notices within Florida.
- Any additional party designated to receive lienor’s notices.
- Expiration date of the notice (default = 1 year unless otherwise stated).
Even small errors (like leaving out “LLC” or misidentifying a property parcel) can invalidate the document.
What Is the Timeline for Filing a Notice of Commencement?
- Must be recorded before work begins or the first inspection.
- Construction must start within 90 days after recording, or the notice becomes void (Fla. Stat. § 713.13(1)(a)).
- Default expiration = 1 year, unless a longer period is specified. Owners on multi-year projects should set the expiration upfront to avoid having to refile.
- Priority risk: A Notice recorded before a mortgage could allow mechanics liens to outrank the mortgage in priority. Owners should ensure mortgages are recorded first.
For subcontractors and suppliers, these timing issues affect payment rights—if the notice lapses, downstream lien protections may be stronger, but it usually signals administrative issues and potential slow-pay risks.
3 Common Mistakes in Filing
- Not Starting Within 90 Days
Filing too early or delaying the actual start voids the notice. Payments made under an expired or invalid notice can be clawed back through lien claims. - Incomplete or Incorrect Information
Even small clerical errors can cause rejection or disputes. Owners should confirm names, suffixes, and property descriptions match exactly with records.
Not Posting on the Jobsite
Posting isn’t optional—it’s a statutory requirement tied to inspection. Missing it stalls the project and deprives subs and suppliers of required information.