Key Takeaways

  • The NOC must be recorded before construction begins — no grace period.
  • A Florida NOC is valid for 1 year from the date of recording, unless work is completed earlier.
  • The "90-day rule": unpaid lienors have 90 days after last furnishing to file a claim of lien (§ 713.08, F.S.).
  • A Notice of Termination shortens the lien window and protects the owner from late lien claims.
  • You can extend the NOC before it expires — but you cannot revive an expired one.

Deadline #1: Before Work Starts

The most critical deadline: the NOC must be recorded before the first physical work begins or materials are delivered to the property. "Commencement" under Florida law means the earliest of: the first actual physical work of improvement, or the first delivery of materials to the job site.

There is no grace period. If a subcontractor delivers materials before the NOC is recorded, the recording is technically untimely relative to that delivery. This can affect lien priority and create disputes.

The 1-Year Expiration

Under § 713.13(1)(c), F.S., a Notice of Commencement is effective for one year from the date of recording, unless the improvement is completed and a Notice of Termination is recorded before the 1-year mark, or the owner records an extension before expiration.

After the NOC expires, it no longer provides notice of the project. Any new work would technically require a new NOC — or the project must have been completed with a Notice of Termination on file.

File and Go

Missing the pre-construction filing window is the most common and costly NOC mistake. File and Go makes same-day filing straightforward.

The 90-Day Rule for Lien Claims

Under § 713.08, F.S., a claim of lien must be recorded within 90 days after the final furnishing of labor, services, or materials to the project. This means unpaid parties have up to 90 days after they last worked on (or delivered to) the project to file a lien.

For owners: this is why recording a Notice of Termination is so important. It signals the "final completion" date on the public record, which helps establish when the 90-day clock started for all potential lienors.

Extending the NOC Before It Expires

If your project runs longer than a year, record an extension before the NOC expires. The extension must be recorded before the original NOC expires, reference the original NOC (instrument number and recording date), be signed by the owner or authorized agent and notarized.

You cannot extend an already-expired NOC. If it expires, you must file a new one — and there may be a gap in coverage.

Notice of Termination — Closing Out the NOC

When the project is substantially complete, the owner should record a Notice of Termination per § 713.132, F.S. This document signals the effective end of the NOC period, starts the clock on the final window for lien claims, and protects the owner from new lien claims filed after project completion.

See our full guide: How to Amend or Terminate a Florida NOC

Full NOC Timeline at a Glance

EventTiming / DeadlineStatute
Record the NOCBefore first work or material delivery§ 713.13
Post certified copy at siteBefore construction commences§ 713.13(1)(d)
NOC expiration1 year from recording date§ 713.13(1)(c)
Extend NOC (if needed)Before expiration date§ 713.13(1)(c)
Record Notice of TerminationAfter substantial completion§ 713.132
Lienor's deadline to file claim90 days after final furnishing§ 713.08
Enforce a lien (lawsuit)1 year from recording of lien§ 713.22

How File and Go Helps You Stay On Schedule

1

Fast eRecording

Get your NOC on the record before work starts — same-day in most counties.

2

Order Tracking

Know exactly when your NOC was recorded and what the instrument number is.

3

Termination Filing

We handle Notice of Termination recording when your project wraps up.

4

Amendment Support

Need to extend or amend? We prepare and file those documents too.

Common Deadline Mistakes

  • Recording after work starts: Even one day can create lien priority issues.
  • Letting the NOC expire on a long project: Set a calendar reminder 60 days before the 1-year anniversary.
  • Not recording a Notice of Termination: Without it, the lien window stays open for up to 1 year after the project ends.
  • Confusing the 90-day lien deadline with the 1-year NOC expiration: These are two separate clocks.

Frequently Asked Questions

What exactly triggers "commencement" that the NOC must precede?
Commencement is the earlier of: (a) the first actual physical work of improvement, or (b) the first delivery of materials to the site. Site clearing, surveying, and soil testing may or may not constitute commencement — consult an attorney if uncertain.
Can I file the NOC and the building permit at the same time?
Yes. Many counties now require the NOC to be submitted with or before the permit application. Filing both at the same time is the most efficient approach.
Does the 90-day rule apply to the general contractor too?
Yes. The general contractor also has 90 days from the date of their final furnishing to record a claim of lien under § 713.08, F.S.
Disclaimer: This page is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for guidance on your specific situation. File and Go is a document preparation and filing service, not a law firm.