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Roof Liens

What Is a Notice of Commencement for a Roof in Florida?

A notice of commencement is a sworn form the homeowner records with the county clerk before roof work starts, listing the property, the work, the contractor and any lender. Florida requires it above $2,500, and a copy must reach the permit office before the first inspection on contracts over $5,000.

This one form can decide whether an unpaid supplier can make you pay twice. Here is what Florida requires and how to handle it step by step.

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The basics

What is a notice of commencement for a roof in Florida?

It is a sworn form you record with the county clerk before work starts. It tells the world what work is coming, who is doing it and who is lending the money.

A notice of commencement, often shortened to NOC, is a public record about your home improvement. It lists the property, a general description of the work, the owner, the contractor, any lender and any bond. Florida Statute 713.13 says an owner, or the owner's authorized agent, "before actually commencing to improve any real property" shall record it in the clerk's office and post a copy at the job.

Why does it exist? Florida's construction lien law lets unpaid suppliers and subcontractors put a lien, which is a legal claim, on your home. The NOC starts the clock and sets the rules for who can claim and when. If you skip it or make mistakes, the state's own warning on every building permit says it "may result in your paying twice for improvements to your property."

The NOC is not a lien. The statute says that recording one "does not constitute a lien, cloud, or encumbrance on real property" (713.13(3)). It is paperwork that protects you.

General information, not legal advice

This page explains what Florida Statutes say. A Florida attorney can tell you how they apply to your contract, your lender and your county.

Planning a roof replacement?

Coastline can walk your roof and send a written photo report, so you know what the work involves before you sign a contract and start the paperwork. Coastline Roofing works all over Florida (license CCC1331076).

Call (941) 896-7793 or text your town and a photo.

Do you need one?

Is a notice of commencement required to replace a roof?

Usually yes. The law exempts jobs of $2,500 or less, and a separate rule ties inspections to a filed copy when the contract is over $5,000.

Two different dollar lines show up in the statutes, and they do different things.

Florida notice of commencement thresholds
Contract priceWhat the law saysWhere it is written
$2,500 or lessThe job is exempt from most of the lien law, so no NOC is needed.713.02(5), 713.13(1)(a)
More than $2,500The owner must record an NOC and post a copy before work begins.713.13(1)(a)
More than $5,000The permit office needs a copy of the NOC before the first inspection, and inspections cannot go forward without it.713.135(1)(e)

The county cannot require the NOC to be recorded before it issues a building permit (713.135(1)(f)). But it can hold your inspections. In the statute's words, in the absence of a filed copy, the issuing authority or a private provider "may not perform or approve subsequent inspections." For a roof, that means the work can stall at the first inspection.

That is why the order matters. Record the NOC and give a copy to the permit office before the first inspection. For when a permit is required in the first place, read do I need a permit to replace a roof in Florida.

What goes on it

What information is on a notice of commencement?

The form in 713.13(1)(d) has nine items. Here are the main groups.

The property

The legal description of the property, the street address and the tax folio number. A wrong description can hurt you: if the error harms a lienor, your payments are held improperly paid to that lienor. A clerical slip that still covers the right property is excused (713.06(3)(a)).

The work

A general description of the improvement, such as the roof replacement. Keep it simple and accurate.

You, the owner

Your name and address, your interest in the property and the titleholder if different. The owner must sign it and no one else may sign for you (713.13(1)(g)).

The contractor

The contractor's name, address and phone number. To change contractors you need a new notice or a notice of recommencement, not an amendment (713.13(5)(a)).

Lender and bond

The name and address of anyone making a loan for the work, and the surety and bond amount if there is a payment bond. A copy of the bond must be attached when the NOC is recorded.

Notice contacts and expiration

A person in Florida, other than the owner, who can be served notices, and an optional person to receive copies of lienors' notices. The form also lists an expiration date, which is 1 year after recording unless another date is written in.

Step by step

How do you record a notice of commencement in Florida?

Fill it out, sign it before a notary, record it with the county clerk, post a copy at the job, and give a copy to the permit office.

  1. Get the form

    The permit office is to furnish two or more copies of an NOC form with your permit (713.135(1)(d)). The Manatee County Clerk says you can get the form from the building department that issued your permit or download it from the clerk's forms page.

  2. Fill it out and sign it

    Use your exact legal description. If you plan to use a lender, the form itself warns you to consult your lender or an attorney before recording.

  3. Record it with the county clerk

    In Manatee County you can record in person, by mail or electronically. The clerk's FAQ lists a recording fee of $10.00 for the first page and $8.50 for each additional page, and a $5.00 notary fee at the office. In person, the Recording department is at 1115 Manatee Avenue West, Bradenton, open Monday to Friday 8:30 to 4:30. Fees can change, so confirm with the clerk.

  4. Post a copy at the job

    Post a certified copy or a notarized statement that the notice has been filed for recording, along with a copy (713.13(1)(a)).

  5. Give a copy to the permit office

    Give the building department a copy before the first inspection, as 713.135(1)(e) requires for contracts over $5,000. The copy can be a certified copy, a notarized statement with a copy, or the clerk's recording information with the instrument number.

Ask your contractor who will prepare and record the NOC, and read it before you sign. The owner's signature is required either way. Other Florida counties record the same form with their own clerk, so check your county clerk's fees and steps.

Dates that matter

How long does a notice of commencement last?

One year from recording, unless you write a different date. It also dies if work does not start within 90 days.

Key dates in the lien law
EventTime limitWhere it is written
NOC takes effectWhen it is filed with the clerk713.13(1)(f)
NOC becomes voidIf the work is not actually commenced within 90 days after recording713.13(2)
NOC expires1 year after recording, or the later date stated if the contract allows a longer time to finish713.13(1)(c), form item 9
Supplier or subcontractor notice to ownerBefore starting, or within 45 days after starting to furnish labor or materials713.06(2)(a)
Claim of lien recordedNo later than 90 days after the lienor's final furnishing of labor, services or materials713.08(5)
Lien expires1 year after the claim of lien is recorded unless a lawsuit to enforce it is started. The owner can shorten that to 60 days by recording a notice of contest713.22

The form carries a warning in capital letters: payments the owner makes after the NOC expires "are considered improper payments" and "can result in your paying twice." If your roof job runs past the expiration date, an amended notice that extends the date can be recorded while the original is still in effect (713.13(5)). If a start date slips because of permit delays or weather, watch the 90 day rule.

If you finance the roof, the lender must record the NOC before it disburses construction funds (713.13(7)). See roof financing in Florida.

Paying safely

How do you avoid paying twice when you finish a roof?

Pay the final bill only after you hold the contractor's final payment affidavit and lien releases. Do not pay on a handshake.

The notice of commencement is half the job. The other half is paperwork at payment time.

Partial releases. A lien right may not be waived in advance, but a supplier can sign a release for the work it has been paid for (713.20). Ask for a release with each payment.

The final payment affidavit. When final payment becomes due, the contractor must give you an affidavit saying that all lienors who timely gave notice have been paid in full or naming each who has not and the amount due. The owner "shall retain" the final payment until the affidavit is furnished (713.06(3)(d)). If the affidavit lists unpaid bills, you may pay those bills directly after giving the contractor at least 10 days' written notice, if the balance due covers them.

Check the notices you receive. A supplier or subcontractor who is not your contractor must serve you a notice to owner, generally within 45 days of starting work or delivering materials, to keep its lien rights. If it lists someone unpaid, deal with it before final payment.

The Pinellas County lien page puts it plainly: pay only after the work is satisfactory and you hold all lien releases. See also how much deposit a Florida roofer can ask for and how to compare roof quotes. Our roof replacement page covers the roof types Coastline installs.

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FAQ

More questions

Who signs the notice of commencement?

The owner. Florida law says the owner must sign it and no one else may be permitted to sign in the owner's place (F.S. 713.13(1)(g)). The owner or the owner's authorized agent can record it with the clerk and post the copy.

Can I get a permit before the notice is recorded?

Yes. The permit office cannot require recording as a condition of issuing the permit (F.S. 713.135(1)(f)). But it must be recorded and a copy given to the office before the first inspection, for contracts over $5,000.

What if I pay my roofer in full and a supplier is unpaid?

The supplier may be able to file a lien on your home, if it followed the notice rules. This is why the law has you hold the final payment until the contractor gives a final payment affidavit, and why you should ask for releases. See F.S. 713.06 and 713.20.

Does the notice of commencement put a lien on my home?

No. Recording a notice of commencement does not constitute a lien, cloud or encumbrance on the property. It gives constructive notice that lien claims may be recorded under the lien law (F.S. 713.13(3)).

What if the job is delayed after I record it?

If the work does not actually start within 90 days after recording, the notice is void and of no effect (F.S. 713.13(2)). If it runs past one year, an amended notice that extends the date can be recorded while the first one is in effect.

Know your roof before the paperwork starts

A written photo report shows what your roof needs, so you can sign a contract and file the right forms with facts in hand.

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