A six-step checklist is a reasonable way to summarize the Notice of Commencement process, but most versions of that checklist circulating online, including the one this article is built from, compress the parts that actually create risk into a single line each: “complete the form accurately,” “notarize it,” “file it.” Those three steps are where NOCs actually go wrong.
This guide breaks the process into seven phases, each covered in the depth needed to actually get it right the first time: gathering accurate information, sourcing the correct form, completing it, signing and notarizing it, recording it, posting it, and keeping it current. Every requirement is tied to a specific Florida Statute section.
For how the recorded NOC affects lien priority and the payment chain once it is in effect, see How a Florida NOC Controls the Payment Chain. For the filing-timing rules (the 90-day commencement window and the one-year expiration), see Florida NOC Deadlines and the 90-Day Rules. This guide focuses specifically on correctly executing the document itself.
Under § 713.13(1)(a), an owner or the owner’s authorized agent must record a Notice of Commencement before actually commencing to improve real property, unless the improvement is exempt. A correctly executed NOC does two things: it gives constructive notice under § 713.13(3) that lien claims may later be recorded against the property, and it supplies the accurate routing information (owner, contractor, lender) that the rest of the payment chain depends on to serve valid notices.
Under § 713.02(5), an improvement with a direct contract price of $2,500 or less is exempt from Chapter 713, Part I, apart from the lien-on-funds provision in § 713.05. The commonly repeated $5,000 figure conflates this general rule with a separate, narrower threshold that applies only to HVAC repair or replacement contracts under § 713.135.
713.13(1)(a) specifies exactly nine categories of information a valid NOC must contain. Gathering all of it correctly before you start filling out the form prevents the most common source of rejected or defective NOCs: guessing at a field partway through.
A widely circulated checklist instructs owners to record the contractor’s license number on the NOC. § 713.13(1)(a) does not list a license number among the required or optional fields. Contractor licensure is verified through DBPR and reflected on the building permit application, not the recorded NOC. Adding it does no harm, but treating it as a required field can cause an owner to needlessly delay recording while chasing down a number the statute never asked for.
The correct source for a compliant Florida NOC form is the Clerk of the Circuit Court, or Clerk & Comptroller, for the county where the property is located, not a state-level agency. Many county clerk websites publish a free, statutory-form-compliant NOC template on their official records or recording pages. Alternatively, § 713.13(1)(d) sets out the exact statutory language and layout the form must substantially follow, so a form built directly from the statute is equally valid.
Two practical notes worth flagging before you download anything:
Beyond simply filling in the nine fields above, a few details matter more than they look:
Under § 713.135(1)(e), the building department that issued the permit is required to verify that the owner, contractor, and property information on the copy of the NOC filed with them matches the building permit application. A form filled out carelessly enough to conflict with the permit application can trigger exactly this kind of mismatch and hold up inspections.
Two separate rules govern execution, and both are strict:
Florida has authorized Remote Online Notarization (RON) since January 1, 2020, under Chapter 117, Part II (§§ 117.201 through 117.305). A Florida-commissioned online notary can notarize an NOC over live two-way audio-video technology, with identity verification and a recorded session, without the owner or the notary being in the same room. This is a legitimate option for an owner who is out of state, out of the country, or simply wants to avoid an in-person appointment. The NOC itself does not require a witness under the statutory form, so RON for this specific document is generally a fast, single-step process.
An NOC is recorded with the Clerk of the Circuit Court, or Clerk & Comptroller, for the county where the real property is located. This is a straightforward rule, but it trips people up on projects near a county line, or when the owner’s own address is in a different county than the property.
Current statewide recording fees under § 28.24 are consistent across Florida’s counties, though individual clerks may add small technology or convenience surcharges:
Recording can typically be done three ways: in person at the clerk’s office, by mail, or electronically through an authorized e-recording submitter. Electronic recording is generally the fastest option and avoids a trip to the courthouse; it is also how a recorded document with a confirmed instrument number gets back into an owner’s or contractor’s hands the same day in most participating counties.
Florida’s general recording statute, § 695.26, requires certain instruments affecting real property to include the preparer’s name and address, printed legibly, before the clerk will record them, along with a blank margin reserved for the clerk’s recording stamp. § 713.13(3) is explicit that an NOC does not itself constitute an encumbrance on the property, so the strict letter of § 695.26 is arguably aimed at conveyances and encumbrances rather than a notice like this one.
In practice, though, most county clerks apply the same cover-page and preparer-block conventions to an NOC as they do to any other recordable instrument. Include a preparer name and address and leave the standard top-margin space blank to avoid a rejected submission over a formatting technicality.
A signed and notarized NOC is not the same as a recorded one. After submission, the clerk returns a recorded copy showing an instrument number (or a book and page reference) and the official recording date and time. That information, not a signature or a notary stamp, is what confirms the document is in the county’s official records. Most Florida county clerks maintain a free online official records search where anyone can look up a recorded instrument by party name or instrument number to independently verify it.
Recording is only half the statutory obligation. § 713.13(1)(a) requires the owner to “forthwith post either a certified copy thereof or a notarized statement that the notice of commencement has been filed for recording along with a copy thereof.” § 713.135 then layers on the building department side of the same requirement:
The checklist does not end at posting. Two follow-on obligations matter for the life of the project:
| Phase | Action Items |
|---|---|
| Gather Info | Legal description, tax folio number, general improvement description, owner info as it reads on the deed, fee simple titleholder if different, contractor info, surety and bond info if any, lender info if any, designated notice recipient, expiration date decision. |
| Get the Form | Source it from the county Clerk of the Circuit Court's website, or build it from the exact statutory layout in § 713.13(1)(d). Confirm it reflects the current field list. |
| Complete It | Match names exactly to the deed; list all titleholders; use a current legal description; keep the improvement description broad enough to cover the real scope. |
| Sign It | Owner signs only, or the owner's authorized officer/director/partner/manager for an entity. No one else may sign in the owner's stead. |
| Notarize It | In person or via a Florida-commissioned Remote Online Notary under Ch. 117, Part II. Confirm the notary block is fully completed. |
| Record It | File with the Clerk of the Circuit Court for the county where the property sits, in person, by mail, or electronically. Budget $10 for the first page, $8.50 per additional page, $1 per name over four. Confirm a preparer name and address are on the document. |
| Confirm Recording | Obtain the instrument number or book and page reference and recording date. Independently verify on the county's official records search if in doubt. |
| Post at the Site | Post the certified copy or notarized statement, plus a copy of the notice, in a visible spot before the first inspection. |
| File With the Building Department | Provide a copy so the permitting authority can verify it against the permit application before approving further inspections. |
| Keep It Current | Amend for corrections, lender changes, or extensions; a contractor change requires a new NOC or recommencement, not an amendment. |
| Close It Out | Let it expire after one year by default, or record a Notice of Termination to close it out sooner. |
From the Clerk of the Circuit Court’s website for the county where the property is located, or built directly from the statutory layout in § 713.13(1)(d). A statewide agency such as the Department of State is not the right source.
Yes. The statutory form under § 713.13(1)(d) includes a notary acknowledgment block, and § 695.03 requires acknowledgment of any instrument concerning real property before it can be recorded.
Swift E-Recording handles Phase 5 of this checklist for you: submitting your completed, notarized Notice of Commencement, amendment, or Notice of Termination to the correct Florida county clerk and getting a confirmed instrument number and recorded copy back in your hands, usually the same day, with no courthouse visit.
Questions about how a specific project’s information should be filled in are best worked through with a Florida construction attorney or your title company, since the right answer depends on that project’s facts.
And if you want to stop handwriting a legal description into a blank space and hoping it fits, try our free NOC Generator.
This article is for general information and isn’t legal advice. For guidance on a specific project, talk with a Florida construction attorney.
