Who Must File a Florida Notice of Commencement?
Florida law puts responsibility on the property owner — but the rules around contractors, agents, and owner-builders can be confusing. Here's a clear breakdown.
Key Takeaways
- The property owner is legally required to record the NOC under § 713.13, F.S.
- A general contractor may prepare and record the NOC as the owner's authorized agent — get this authorization in writing in your contract.
- Owner-builders are not exempt — projects over $2,500 require an NOC regardless of who pulls the permit.
- Commercial projects follow the same rule: the property owner (or agent) must file.
The Property Owner's Responsibility
Under Florida Statute § 713.13, the person who contracts for the improvement — almost always the property owner — must record the NOC before construction commences. "Commences" means the first actual physical work on the improvement, or the first delivery of materials to the job site.
This is a critical point: the obligation runs with ownership of the property, not with hiring a contractor. If the NOC is missing or defective and a lien dispute arises, it is the owner who faces consequences under § 713.13(5), F.S.
Owners who are companies (LLCs, corporations, trusts) must have an authorized officer or agent sign the NOC on the entity's behalf.
The Contractor's Role
While the owner is legally responsible, the general contractor almost always handles the practical work of preparing and recording the NOC as the owner's authorized agent. Best practice is to have explicit written authorization in the construction contract.
Note: Even if the contractor records the NOC, the owner must still sign it (with notarization). The contractor cannot sign as the owner unless specifically designated as agent with proper written authority.
See our detailed contractor NOC guide for more on managing this workflow.
File and Go
Contractors and agents can file on the owner's behalf with written authorization. File and Go makes it easy to manage NOC filings across multiple projects.
Owner-Builders
If you're an owner-builder (pulling your own building permit and acting as your own general contractor), you are still required to file a NOC if the project value exceeds $2,500. Owner-builders should be especially careful because subcontractors and suppliers can still file liens against owner-built properties if they are unpaid.
See our homeowner NOC guide for tips on protecting yourself as an owner-builder.
Commercial Property Projects
Commercial and mixed-use projects follow the same rule. If you own commercial property and contract for improvements, you or your authorized agent must record the NOC. For larger commercial projects, the owner is often a business entity — make sure the signer has authority to bind the entity. Construction lenders almost always require a properly recorded NOC before funding draws, and large projects may have multiple phases requiring separate NOCs.
Construction Lender Requirements
If a construction loan is funding the project, the lender must be identified in the NOC per § 713.13(1)(a). Lenders typically require the borrower to provide a certified copy of the recorded NOC before the first draw. The lender's information in the NOC affects lien priority.
How File and Go Helps
Create or Upload
Build your NOC from our guided form or upload your own.
RecordReady™ Check
We check all required fields against county and state requirements before submission.
eRecord to County
Electronic submission to the Clerk of Court — no mail, no lines.
Confirmation
Receive instrument number and certified copy by email.
Common Mistakes Around "Who Files"
- Contractor signs as "owner": Without proper written agency authorization, this can invalidate the NOC.
- Wrong entity name: If property is in an LLC or trust, the entity name — not the individual's name — must appear as owner.
- Forgetting authorization language: Without written authorization in the contract, a contractor filing on the owner's behalf may create liability issues.