A Notice of Termination is a Florida construction-recording document used to end the effectiveness of a recorded Notice of Commencement. It is most often considered near the end of a project, after payments and lien-related obligations have been addressed.
While the document sounds straightforward, timing and service matter. Florida Statute §713.132 sets specific requirements for what a Notice of Termination must say, who must receive it, and where it must be recorded. A mistake can create unnecessary risk, so property owners should involve a construction attorney when there are unpaid parties, disputed work, lien concerns, or uncertainty about who must be served.
A Notice of Commencement is recorded before certain construction improvements begin. It provides public notice that construction is underway and helps establish the framework for Florida construction-lien rights.
A Notice of Termination is a separate, recorded document that ends the Notice of Commencement’s period of effectiveness. Under Florida Statute §713.132, the owner may execute, swear to, and record the notice when statutory conditions have been met.
It is important not to confuse a Notice of Termination with:
The Notice of Termination concerns the recorded Notice of Commencement. It does not, by itself, resolve a payment dispute or eliminate a valid construction-lien claim. Claims of lien, releases, and satisfactions are separate instruments, and they are among the document types Swift supports for contractors.
A Notice of Termination may be appropriate when a project is complete and the owner wants to formally end a recorded Notice of Commencement before its normal expiration.
Florida law allows an owner to record it after all lienors have been paid in full, or paid pro rata as provided by statute. In practical terms, the owner should first confirm payment status and identify every party whose lien rights may be affected.
Common situations include:
A Notice of Commencement generally ceases to be effective after one year unless it states a different expiration date or is properly amended. A Notice of Termination can end it sooner, but it is not a shortcut around unresolved payments or lien rights. Florida Statute §713.13 explains the Notice of Commencement requirements and its ordinary period of effectiveness.
When the closeout runs into a sale or refinance, an open Notice of Commencement often surfaces during the title search. In those transactions, title and escrow companies, lenders, and real estate professionals may need the termination recorded before closing. Our guide to Florida closing documents that can be eRecorded covers the rest of that package.
Florida Statute §713.132 requires the Notice of Termination to include:
Because the notice must be executed and sworn to, it should be signed and properly notarized before it is submitted for recording. Use a current, county-appropriate form and have legal counsel review the document when the facts are anything but routine.
Before recording, the owner must serve a copy of the Notice of Termination on:
Each lienor with a direct contract with the owner; and
Each lienor that timely and properly served a Notice to Owner before the Notice of Termination is recorded.
The statute provides an exception for a lienor that has executed a waiver and release of lien upon final payment under §713.20.
Florida’s construction-lien law provides permitted methods of service, including hand delivery, qualifying carrier or mail delivery with evidence of delivery, and, in limited circumstances, posting at the improvement site. Keep clear records of when and how every required party was served. See Florida Statute §713.18.
Start with the recorded Notice of Commencement. Confirm the property description, owner details, contractor information, and the official-records reference number and recording date. The Notice of Termination must connect accurately to that original record.
Before signing the notice, identify the parties that may need to be served and confirm the project’s payment status. This is especially important when subcontractors or suppliers submitted a Notice to Owner.
If any payment, lien, or entitlement issue remains unresolved, pause and seek legal guidance. A Notice of Termination contains sworn statements, and Florida law provides potential liability for knowingly fraudulent statements or affidavits.
Complete a current Notice of Termination form with the statutory information, including the correct property details, recording references, termination date, and service statements.
If the owner relies on a contractor’s affidavit under Florida Statute §713.06, the statute requires that affidavit to accompany the Notice of Termination.
Serve the Notice of Termination on the required parties before recording it. Retain delivery confirmations, mailing records, and copies of the notices sent. The service step is separate from recording and should not be skipped simply because the document will be submitted electronically.
The Notice of Termination must be recorded in the official records of the county where the improvement is located. Check the county clerk’s current recording requirements, fees, formatting rules, and accepted submission methods, and confirm the property’s county appears on our supported counties list.
For eligible documents, Swift E-Recording allows users to submit Notices of Termination electronically, monitor the order, and retrieve the recorded copy through their account, without an unnecessary trip to the courthouse. If you are new to electronic submission, our guide to how eRecording works in Florida walks through the full process from upload to recorded copy.
Once recorded, retain the official recorded copy with the project file. The Notice of Commencement’s termination generally becomes effective 30 days after recording, or on a later date stated in the notice.
The owner executes the Notice of Termination, but the submission is often handled by whoever manages the project’s recording work. Swift E-Recording supports eligible construction and property documents for contractors, permit expeditors, legal professionals, HOAs and property management companies, and government agencies. The industries we serve page lists the document types available to each.
Submissions travel through a secure connection with account-level tracking, and you can review our security practices before opening an account.
Florida Statute §713.132 authorizes the owner to execute, swear to, and record a Notice of Termination. Contractors, permit expeditors, and recording services may assist with preparation or submission as authorized, but the owner’s statutory role and the document’s sworn statements should be taken seriously.
The Notice of Commencement is recorded before construction begins and opens the lien framework for the project. The Notice of Termination ends that recorded notice once the statutory conditions have been met.
Electronic recording may be available for eligible documents and participating counties. Swift E-Recording supports electronic submission of Notices of Termination and other eligible construction documents. Confirm that the document is complete, signed, notarized, served as required, and ready for county recording before submission.
When your Notice of Termination is complete and ready to record, Swift E-Recording helps contractors, permit expeditors, and property professionals submit eligible Florida documents online. Upload the document, track its status, and access the recorded copy through your account.
