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Contracts & payments

Notice of commencement: before you pay a deposit

Updated 2026-09-16. Facts checked against official sources on that date.

Short answer

A notice of commencement is a form the property owner signs, records with the county clerk and posts at the job site before work starts. Jobs of $2,500 or less are exempt. It supports Florida's lien-law payment steps, which help you avoid paying twice for the same work.

What a notice of commencement is

It's a public record that says work is about to start on your property. Before the work begins, the owner (or the owner's authorized agent) records it in the county clerk's office and posts a copy at the job site.[1]

  • The property's legal description and a description of the work
  • The owner's name and address
  • The contractor's name and address
  • Any surety bond and any construction lender
  • A person in Florida who can receive legal notices for the owner

Recording it doesn't create a lien or a cloud on your title. It gives public notice that liens may be filed for the work.[1]

When you need one

Two dollar amounts matter[2][3]
Direct contract priceWhat the law says
$2,500 or lessExempt from the notice of commencement requirement under Florida's construction lien law.
Over $5,000A copy of the recorded notice must be filed with the permit office before the first inspection, and without it, later inspections can't be approved.

Between $2,500 and $5,000? Ask first

Jobs in that range aren't exempt, but the permit office's filing rule starts above $5,000. Ask your building department and, if you're unsure what it means for you, a construction lawyer.

The permit office can't refuse to issue your permit because a notice hasn't been recorded yet. But when it issues the permit, it must give you a state summary of the lien law that encourages you to record and post the notice.[3]

Who signs, and the deadlines

The owner must sign the notice personally. The state form is signed and acknowledged, so check with your county clerk how they accept it. It takes effect when it's filed with the clerk.[1]

Key dates[1]
DeadlineWhat happens
Before the first inspectionThe notice must be recorded and posted at the job site.
90 days after recordingIf work hasn't actually started, the notice is void.
1 year after recordingThe notice expires unless it states a different date, so a job expected to take longer must say so on the notice.

How it helps protect you

The notice doesn't stop liens on its own. It works with the lien law's payment steps. Subcontractors and suppliers who don't have a contract with you must send you a notice to owner, generally within 45 days of starting, and those notices go to the person named on your notice of commencement.[4][1]

Before final payment, your contractor must give you a final payment affidavit that lists anyone still unpaid. Hold the final payment until you have it.[4]

Watch the expiration date

The state form warns that payments made after the notice expires are considered improper payments, which can mean paying twice. The form itself tells owners to consult their lender or an attorney.[1]

Ending a notice early

When the job is done and everyone is paid, the owner can record a notice of termination, which takes effect no earlier than 30 days after it's recorded.[5]

The lien law warning in your contract

There's a separate rule for your contract. A home improvement contract over $2,500 on a one- to four-unit home must include a Construction Lien Law warning in capital, bold type, signed and dated by the owner. If yours doesn't, ask why before you sign.[6]

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Questions

Do I need a notice of commencement for a roof replacement?

Usually, unless the direct contract price is $2,500 or less. For contracts over $5,000, a copy must be filed with the permit office before the first inspection (ss. 713.02 and 713.135, Florida Statutes).

Who records the notice of commencement?

The law places the duty on the property owner or the owner's authorized agent, and only the owner may sign it. It's recorded with the county clerk. A copy is posted at the job site (s. 713.13).

How long does a notice of commencement last?

One year after recording, unless it states a different date. But it becomes void if work doesn't actually start within 90 days of recording (s. 713.13, Florida Statutes).

Does a notice of commencement stop liens?

No. It gives public notice that liens may be filed, and your protection comes from following the lien law's steps, such as getting notices to owner and the contractor's final payment affidavit before you make the final payment.

Sources

  1. [1] Florida Statutes s. 713.13: Notice of commencement, checked 2026-09-16
  2. [2] Florida Statutes s. 713.02: Types of lienors and amounts of liens (exemption at subsection 5), checked 2026-09-16
  3. [3] Florida Statutes s. 713.135: Notice of commencement and applicability of lien, checked 2026-09-16
  4. [4] Florida Statutes s. 713.06: Liens of persons not in privity; proper payments, checked 2026-09-16
  5. [5] Florida Statutes s. 713.132: Notice of termination, checked 2026-09-16
  6. [6] Florida Statutes s. 713.015: Mandatory provisions for direct contracts, checked 2026-09-16

General information, not legal advice. Laws and records change; confirm with the agency before you act.

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