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The Florida Notice of Commencement form serves as an important legal document for property improvements in the state. It is required by Florida law and outlines key information about the property, the nature of the improvements, and the parties involved. Property owners must supply a legal description of the property, along with the address and a detailed description of the improvements planned. Owner information is crucial, including the name and address, along with any title holders if different. The form also collects details about the contractor, surety, and lender involved in the project. For effective communication, the owner designates individuals in Florida who can receive necessary notices. One critical aspect to note is the expiration date—typically one year from recording, unless specified otherwise. It is essential to understand that any payments made after this expiration date are considered improper under Florida law, potentially leading to costly complications. Recording and visibly posting the Notice of Commencement at the job site before the first inspection is not just a formality; it is a legal requirement. Owners are advised to consult with lenders or legal counsel prior to initiating work or submitting the form, ensuring they are fully informed of their rights and responsibilities.

Fl Notice Commencement Example

NOTICE OF COMMENCEMENT

State of Florida

 

County of Volusia

 

Permit Number ____________

Tax Parcel Number: ______ - ______ - ______ - ______

The UNDERSIGNED hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this NOTICE OF COMMENCEMENT.

1.Description of Property: (Legal description of the property, and street address if available)

_________________________________________________________________________________________________

_________________________________________________________________________________________________

2.General Description of Improvement: _________________________________________________________________

3.Owner Information:

a.Name and Address:__________________________________________________________________________

b.Interest in Property: _________________________________________________________________________

c.Name and address of fee simple title holder (if other than owner):

__________________________________________________________________________________________

4.Contractor: Name and Address:

a. Phone No. ___________________________

Fax No.___________________________

5.Surety: Name and Address:___________________________________________________________________________

a. Phone No. ___________________________ Fax No. ___________________________

b.Amount of Bond: $_________.00

6.Lender: Name and Address:__________________________________________________________________________

a. Phone No.____________________________ Fax No.___________________________

7.Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13 (1)(a)7., Florida Statutes:

a. Name and Address: __________________________________________________________________________

b. Phone No. ____________________________ Fax No.___________________________

8.In addition to himself, Owner designates________________________ of_______________________________________

To receive a copy of the Lien Notice as provided in Section 713.13(1) (b), Florida Statutes.

a. Phone No._____________________________ Fax No.___________________________

9.Expiration date of Notice of Commencement (the expiration date is one (1) year from the date of recording unless a Different date is specified). ___________________________________________

WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART 1, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.

___________________________________

_____________________________________

Signature of Owner

Print Name of Owner

STATE OF FLORIDA, COUNTY OF _________________________

Affirmed and subscribed before me this _______day of __________20____ by _______________________________ who is

Personally known to me or  has produced ________________________________ (type of ID) identification.

_____________________________________

Signature of Notary Public State of Florida

_____________________________________

 

Print, Type or Stamp Name of Notary

(SEAL)

Form Characteristics

Fact Name Fact Description
Notice of Commencement This is a legal document filed in Florida to notify that improvements will be made to real property.
Governing Law The form is governed by Chapter 713 of the Florida Statutes, specifically addressing notices of commencement.
Property Description The form requires a legal description of the property along with the street address if available.
Owner Information Details about the owner, including name, address, and interest in the property, must be provided.
Contractor Details Information about the contractor, including name, address, phone, and fax number, is necessary.
Expiration Date The Notice of Commencement expires one year from the date of recording, unless a different date is specified.
Surety Bonds If a surety is involved, their name, address, and bond amount must be listed on the form.
Financing Consultation It is advised to consult with a lender or attorney before commencing work or recording the notice, especially when financing is involved.
Warning to Owner Payments made after the expiration of the Notice of Commencement are deemed improper under Florida law.
Notary Requirement The form must be affirmed and subscribed before a Notary Public to be legally binding.

Guidelines on Utilizing Fl Notice Commencement

Completing the Florida Notice of Commencement form is essential for property owners looking to initiate improvements. This document serves as a public record that informs all parties involved about the beginning of a construction project. Carefully following the steps below will help ensure that the form is filled out correctly.

  1. Begin by entering the County and Permit Number at the top of the form.
  2. Fill in the Tax Parcel Number with the correct identification numbers.
  3. Provide a detailed Description of Property, including the legal description and street address, if available.
  4. Next, include a General Description of Improvement to clarify what the construction project entails.
  5. In the Owner Information section, list the Name and Address of the property owner.
  6. Indicate the Interest in Property that the owner holds.
  7. If the fee simple title holder is different from the owner, provide their Name and Address.
  8. In the Contractor section, enter the Name and Address of the contractor.
  9. Also, add the Phone Number and Fax Number of the contractor.
  10. List the Surety company’s Name and Address.
  11. Provide the Phone Number and Fax Number for the surety company.
  12. Specify the Amount of Bond in dollars.
  13. For the Lender, include their Name and Address.
  14. Record the Phone Number and Fax Number for the lender.
  15. Identify Persons in Florida designated by the owner to receive notices or documents. Include their Name and Address.
  16. List the Phone Number and Fax Number for these designated persons.
  17. Designate an additional person to receive a copy of the lien notice, including their Name and Address.
  18. Supply their Phone Number and Fax Number.
  19. Finally, write in the Expiration Date for the Notice of Commencement, which defaults to one year from recording unless otherwise specified.
  20. Ensure the owner signs and prints their Name at the bottom of the form.
  21. Have the document notarized, including the date and identification details of the individual signing.

What You Should Know About This Form

What is a Notice of Commencement (NOC) and when is it required in Florida?

A Notice of Commencement is a legal document required in Florida that signals the beginning of construction or improvement on a property. It is crucial for the protection of all parties involved in construction, including property owners, contractors, and subcontractors. According to Florida law (Chapter 713, Florida Statutes), the NOC must be recorded and posted at the job site before the first inspection occurs. This notice establishes potential lien rights for contractors and suppliers, ensuring they have recourse if not compensated adequately.

Who must file a Notice of Commencement?

The property owner is responsible for filing the Notice of Commencement. This form requires detailed information about the property, the nature of the improvements, details about contractors and lenders, and specific designations for further notices. While the owner typically completes this form, they may seek assistance from contractors or legal counsel to ensure compliance with legal requirements.

How long is a Notice of Commencement valid?

The standard validity of a Notice of Commencement is one year from the date it is recorded unless a different expiration date is specified in the document. If construction does not commence within this timeframe, the owner must file a new NOC to continue receiving legal protections under Florida lien law.

What are the consequences of not filing a Notice of Commencement?

Failing to file a Notice of Commencement can have significant consequences for property owners. Without this document, any payments made after construction starts may be classified as improper payments under Florida law, potentially resulting in the owner owing for labor and materials twice. Additionally, subcontractors and suppliers may not have the necessary lien rights, leaving them vulnerable to non-payment claims.

Can a Notice of Commencement be cancelled or amended?

Yes, a Notice of Commencement can be cancelled or amended if circumstances change, such as the withdrawal of a contractor or changes in project scope. To do this, proper procedures outlined in Florida Statutes must be followed, and an appropriate form must be filed with the clerk of the court where the original NOC was recorded. This is crucial to maintain transparency and legal standing throughout the construction process.

Common mistakes

Filling out the Florida Notice of Commencement form can be straightforward, but many people make common mistakes that can lead to serious issues down the line. Being aware of these mistakes can save time and hassle. Here are five frequent errors to watch out for when completing this important document.

One major mistake occurs when property descriptions are incomplete or inaccurate. This form requires a legal description of the property and, if available, the street address. Failing to provide this information correctly can lead to confusion or disputes about where the work is being performed. Always double-check the legal description against your property records to ensure it matches precisely.

Another frequent error involves the owner's information. Some people neglect to fill out all sections or provide insufficient details. It's crucial to complete the owner's name, address, and their interest in the property thoroughly. This information establishes who is responsible for the project and helps prevent issues later regarding ownership disputes.

People often overlook contractor information as well. Many skip providing the contractor's complete name and address, which can slow down project progress. Your contractor should also be reachable through their phone and fax numbers. Remember, having clear communication channels will ensure that any potential issues can be resolved promptly.

Filling out the expiration date incorrectly is yet another common mistake. The Notice of Commencement is valid for one year unless you specify a different date. If this section is left blank or filled out inaccurately, it could affect your rights and responsibilities regarding payments. Always set a clear and accurate expiration date from the start.

Finally, some might forget to secure a notary signature or fail to have the document notarized before submission. This is a crucial step as the state requires that the Notice of Commencement is signed and notarized to be valid. Without this, the notice may be deemed invalid, which could lead to payment issues and potential legal complications. Always double-check for a notary's signature and the seal before submitting the form.

By avoiding these common pitfalls, you can complete your Florida Notice of Commencement form correctly and set the foundation for a smooth project. Every detail matters, so take your time and ensure everything is accurate before submitting!

Documents used along the form

The Florida Notice of Commencement form is an essential document for property owners planning improvements. However, it's important to understand that this form often goes hand in hand with other documents and forms that help ensure a smoother construction process and compliance with state laws. Below is a list of common documents that accompany the Notice of Commencement.

  • Contractor’s Agreement: This document outlines the relationship and obligations between the property owner and the contractor. It typically specifies the scope of work, payment terms, and timelines for the project.
  • Building Permit: This vital document is issued by the local government, allowing the contractor to begin construction. Obtaining a building permit ensures that the work complies with local zoning regulations and building codes.
  • Insurance Certificate: Property owners often require their contractors to provide proof of insurance coverage. This certificate verifies that the contractor has the necessary liability and workers’ compensation insurance to protect against potential accidents or damages.
  • Subcontractor Agreements: If a contractor hires other specialists (like electricians or plumbers), these agreements define the terms and responsibilities regarding specific parts of the project. They ensure all parties understand their obligations and liabilities.
  • Change Orders: This document is used to formally request changes in the project scope. It helps track adjustments in price or work that arise during the construction phase.
  • Lien Waivers: These documents are essential for protecting both owners and contractors. They act as proof that a contractor or subcontractor has been paid for work and waives any future claims against the property for that work.
  • Workman's Compensation Waiver: This is an agreement stating that any claims regarding work-related injuries will not involve the property owner. It protects the owner from liability if a worker is injured on the job site.
  • Completion Affidavit: Once the project is finished, this document confirms that the agreed-upon work has been completed according to the contract terms. It’s important for final payments and releases of liens.
  • Final Inspection Report: Conducted by local authorities, this report verifies that the work adheres to safety rules and regulations. It is often needed to close out building permits once the project is complete.

Each of these documents plays a significant role in ensuring that construction projects run smoothly and legally. Being informed about these forms helps property owners remain proactive in their projects and avoid complications down the line. It's always wise to consult with professionals when handling such important paperwork.

Similar forms

  • Building Permit: Like the Notice of Commencement, a building permit initiates construction projects. It requires information about the property and the scope of work. Both documents aim to ensure compliance with local regulations and safety standards.
  • Certificate of Occupancy: This document affirms that a building has met all local codes after construction. It parallels the Notice of Commencement by confirming that project milestones have been achieved according to statutory requirements.
  • Construction Contract: This binding agreement outlines the responsibilities and obligations of the parties involved in a construction project. Similar to the Notice of Commencement, it sets clear expectations and provides essential details regarding the project.
  • Notice of Intent to Lien: This document serves as a warning that a lien may be placed if payment issues arise. It shares similarities with the Notice of Commencement as both communicate critical information regarding rights and obligations surrounding property improvements.
  • Architectural Plans: These plans detail the design of the construction project. Like the Notice of Commencement, they represent a critical early step that guides the project's execution and aligns with statutory requirements.
  • Property Survey: A property survey defines the boundaries and features of the land. Similar to the Notice of Commencement, it provides necessary information to stakeholders and authorities involved in the construction process.
  • Insurance Certificates: These documents provide proof of insurance coverage for the project. Like the Notice of Commencement, they are crucial for protecting all parties involved and ensuring compliance with legal requirements.

Dos and Don'ts

When filling out the FL Notice of Commencement form, there are several important steps to take, as well as some common pitfalls to avoid. Below is a list of dos and don’ts that can help ensure the process goes smoothly.

  • DO: Provide accurate property information, including the legal description and street address.
  • DO: Clearly describe the type of improvements being made to the property.
  • DO: Include complete owner information, including name, address, and interest in the property.
  • DO: Ensure all contact numbers for the contractor, surety, and lender are up-to-date and correct.
  • DON’T: Forget to record and post the Notice of Commencement before the first inspection.
  • DON’T: Leave any areas blank. Incomplete information can lead to delays or issues.
  • DON’T: Ignore the expiration date. Payments made after this date may be considered improper.
  • DON’T: Skip consulting with a lender or attorney if you are considering financing for the project.

By following these guidelines, individuals can help ensure that their Notice of Commencement is filled out correctly and effectively, minimizing the risk of complications during the construction or improvement process.

Misconceptions

  • Misconception 1: The Notice of Commencement is not needed for small projects.
  • Many people believe that only larger construction projects require this form. However, Florida law mandates that a Notice of Commencement is necessary for almost all types of improvements to real property, regardless of size.

  • Misconception 2: The form is optional if a contractor is hired.
  • This is not accurate. Even if you employ a contractor, you must file the Notice of Commencement. This protects both the owner and the contractor by informing all parties involved about the project and securing the right to file a lien if necessary.

  • Misconception 3: A Notice of Commencement lasts indefinitely.
  • In reality, the Notice of Commencement expires one year from the date of recording unless a different date is specified. Any payments made after this expiration could lead to complicated financial issues.

  • Misconception 4: You can file it anytime during the project.
  • This form must be recorded before the first inspection. Delaying its submission can lead to improper payments and complications in the construction process.

Key takeaways

Filling out the Florida Notice of Commencement form is essential for property owners planning improvements. Below are key takeaways to keep in mind.

  • The form must include detailed property information, such as the legal description and street address.
  • Contractor and owner information is crucial. Accurately provide names, addresses, and contact details.
  • Ensure timely filing. The notice should be recorded and posted at the job site before the first inspection.
  • Remember the expiration date. The notice is valid for one year unless noted otherwise. Payments made after expiry can be problematic.