Notice of Commencement in Florida: Everything You Need to Know
What Is a Notice of Commencement?
A Notice of Commencement (NOC) is a legal document required in the state of Florida before starting certain construction or improvement projects on real property. It is filed with the county clerk’s office and serves as an official record that a construction project is about to begin. The primary purpose of the NOC is to protect property owners by providing notice to subcontractors, suppliers, and other parties involved in the project about the start date and other essential details.
Why Are Notices of Commencement Required in Florida?
Florida law mandates the recording of Notices of Commencement to ensure transparency and protect all parties involved in construction. By recording a NOC, property owners create a public record that helps:
Identify key parties involved in the project, such as contractors and property owners.
Establish a start date for lien rights, which is crucial for contractors and suppliers who may need to file a lien in case of non-payment.
Prevent fraudulent liens by ensuring that only authorized parties are paid.
When Is a Notice of Commencement Required?
A Notice of Commencement is typically required when:
The total project cost exceeds $2,500 (except for heating and air-conditioning systems, where the threshold is $7,500).
The project involves construction, alteration, or repair of real property.
A building permit is required by the local jurisdiction.
Who Is Responsible for Filing a Notice of Commencement?
The property owner or the property owner’s agent is responsible for preparing and recording the NOC. However, in many cases, the general contractor will handle the filing on behalf of the owner.
How to File a Notice of Commencement in Florida
Step 1: Prepare the NOC Form
The Notice of Commencement form must include specific information, such as:
Property owner’s name and address
Contractor’s name and address
Legal description of the property
Permit number
A detailed description of the project
Expiration date of the NOC (if not specified, it defaults to one year from the date of recording)
Step 2: Notarize the NOC
The NOC must be signed and notarized by the property owner or their authorized agent. This ensures the document is legally valid.
Step 3: Record the NOC with the County Clerk
Once notarized, the NOC must be recorded at the clerk of court’s office in the county where the property is located. Many counties now offer electronic recording (eRecording), which simplifies the process and speeds up turnaround time.
Step 4: Post a Copy at the Job Site
After recording, a copy of the NOC must be posted at the job site in a conspicuous location. This ensures that all parties working on the project are aware of the recorded document.
How eRecording Simplifies Filing Notices of Commencement
Electronic recording, or eRecording, allows property owners, contractors, and document specialists to submit and record Notices of Commencement digitally. Florida has one of the most advanced eRecording systems in the country, making it easier and faster to comply with legal requirements.
Benefits of eRecording:
Faster processing: Documents are recorded in minutes or hours instead of days.
Convenient submission: No need to visit the county clerk’s office in person.
Accurate document handling: eRecording platforms verify that documents meet county requirements before submission.
At Florida Document Specialists, we specialize in eRecording Notices of Commencement and other real estate documents across Florida. Our streamlined process ensures your documents are recorded quickly and correctly.
Common Mistakes to Avoid When Filing a Notice of Commencement
Mistake 1: Providing Incorrect Information
Inaccurate details, such as an incorrect legal description or permit number, can result in delays or rejection of the NOC.
Mistake 2: Failing to Notarize the NOC
Without proper notarization, the NOC is not legally valid and cannot be recorded.
Mistake 3: Missing the Posting Requirement
Failure to post the NOC at the job site can lead to complications if disputes or payment issues arise.
Mistake 4: Not Recording an Updated NOC
If there are significant changes to the project, such as a new contractor or an extended timeline, an updated NOC should be recorded to reflect the changes.
Frequently Asked Questions (FAQs)
1. How long is a Notice of Commencement valid?
A Notice of Commencement is valid for one year from the date of recording unless an earlier expiration date is specified in the document.
2. Can a Notice of Commencement be extended?
Yes, a NOC can be extended by recording an Amended Notice of Commencement before the original expires. The amended document must follow the same process as the original.
3. What happens if a NOC is not filed?
If a NOC is not filed when required, it can result in:
Delays in permit issuance by local building departments.
Increased risk of fraudulent liens on the property.
Loss of lien rights for contractors and suppliers.
4. Can a property owner terminate a Notice of Commencement?
Yes, a property owner can terminate a NOC by filing a Notice of Termination, provided that all lienors have been paid or have waived their lien rights.
Conclusion
Filing a Notice of Commencement is a critical step in any permitted construction project in Florida. Ensuring that the NOC is properly prepared, notarized, recorded, and posted can prevent legal disputes and protect all parties involved. With advancements in eRecording and Online Notarization, filing and recording Notices of Commencement has become faster and more efficient than ever.
For expert assistance with eRecording Notices of Commencement or other real estate documents in Florida, contact Florida Document Specialists today. Our experienced team is here to help you navigate the process with ease.