Notice of Commencement1. Legal description of property and street/address: ________________________________________________________________________
_______________________________________________________________________________________________________________________
2. Description of improvement: ___________________________________________________________________________________________
_______________________________________________________________________________________________________________________
3. Owner(s) name and address: __________________________________________________________________________________________
Interest in property: _____________________________________________________________________________________________________
Name and address of fee simple titleholder: _______________________________________________________________________________
4. Contractor’s name, address and phone number: _________________________________________________________________________
_______________________________________________________________________________________________________________________
5. Surety: (Payment bond required by owner from contractor, if any)
Name, address and phone number: _______________________________________________________________________________________
Amount of bond $_______________________________
6. Lender’s name and address: ___________________________________________________________________________________________
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,
Name, address and phone number: _______________________________________________________________________________________
_______________________________________________________________________________________________________________________
8. In addition to himself, Owners designates the following person(s) to receive a copy of the Lienor’s Notice as provided in Section
713.13(1)(b), Florida Statutes.
Name, address and phone number: _______________________________________________________________________________________
_______________________________________________________________________________________________________________________
9. Expiration date of this Notice of Commencement: _______________________________________________________________________
(the expiration date is 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 I, 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(s) of Owner(s) or Owner(s)' Authorized Officer/Director/Partner/Manager
Prepared By __________________________________________ Prepared By __________________________________________________
Print Name ___________________________________________ Print Name ___________________________________________________
Title/Office ____________________________________________ Title/Office ___________________________________________________
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _______ day of_____________________________________. ______________
By ____________________________________________________________________________________________________________________
❏ Individually, or ❏ as___________________________________ for ___________________________________________________________
❏ Personally known, or ❏ produced the following type of identification: _____________________________________________________
Signature of Notary Public: _____________________________________________________________
Print Name: _____________________________________________________________
(SEAL)
VERIFICATION PURSUANT TO SECTION 92.525, FLORIDA STATUTES
Under penalties of perjury, I declare that I have read the foregoing and
that the facts stated in it are true, to the best of my knowledge and belief.
Signature(s) of Owner(s) or Owner(s)'s Authorized Officer/Director/Partner/Manager who signed above:
By ___________________________________________________ By __________________________________________________________
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NOTICE OF COMMENCEMENT
A RECORDED COPY MUST BE POSTED ON THE JOB SITE AT TIME OF FIRST INSPECTION
PERMIT NO.______________________TAX FOLIO NO._____________________________
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
THE UNDERSIGNED hereby gives notice that improvements 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.
Space above reserved for use of recording office
WARNING TO OWNER
Florida’s Construction Lien Law (Chapter 713, Part One,
Florida Statutes) requires the recording with the Clerk of the
Courts a Notice of Commencement for real property improvements
greater than $2,500.00. However, it does not apply to the repair
or replacement of an existing heating or air conditioning system
less than $7,500.00 in value. This notice must be signed by you,
the property owner.
Under Florida law, those who work on your property or
provide materials and are not paid, have a right to enforce their
claim for payment against your property. This claim is known as
a construction lien.
YOU MUST FILE A NOTICE
OF COMMENCEMENT
For your protection under the Construction Lien Law and to
avoid the possibility of paying twice for improvements to real
property, you must record a Notice of Commencement in the
Clerk of the Court’s Office. You also must provide a certified copy
of the recorded document at the construction site. The Notice of
Commencement must be signed by you, the owner contracting
the improvements, and not by your agent.
The Notice of Commencement form, provided with this
information packet, must be completed and recorded within 90
days before starting the work.
A copy of the payment bond, if any is required by you and
purchased by the contractor, must be attached as part of the
Notice of Commencement when recorded.
If improvements described in the Notice of Commencement
are not actually started within 90 days after the recording of the
Notice, a new Notice of Commencement must be recorded.
You lose your protection under the Construction Lien Law if
the payments are made to the contractor after the expiration of
the Notice of Commencement. The Notice is good for one year
after the recording date or up to the date specified under item
nine of the form.
Florida law requires the Department of Regulatory and
Economic Resources to be a second source of information
concerning the improvements made on real property. The
Building Permit Application (included with this packet) has been
expanded to include information on the construction lender and
the contractor’s surety, if any. The new application requires your
signature or your agent’s, to inform you of the Construction Lien Law.
YOU MUST POST THE NOTICE OF
COMMENCEMENT AT THE JOB SITE
By law, the Department of Regulatory and Economic
Resources is required to verify at the first inspection, after the
building permit is issued, that a certified copy of the recorded
Notice of Commencement, with attached bonds if any, is posted at
the construction site. Failure to show the inspector a certified copy
of the recorded Notice will result in a disapproved inspection,
(Florida Statute 713.135(1)(d)).
NOTICE TO OWNER FROM
SUBCONTRACTORS AND SUPPLIERS
You may receive a Notice to Owner from subcontractors
and material suppliers. This notice advises you that the sender
is providing services or materials. Subcontractors and suppliers
must serve a Notice to Owner within 45 days of commencing
work to preserve their ability to lien your property.
If your address changes from that given in the Notice of
Commencement, you should record a corrected Notice reflecting
your current address. This is done to help ensure you will receive
all notices.
RELEASE FROM LIEN FROM CONTRACTOR
Prior to paying the contractor, you need to receive a Release
of Lien and Affidavit to the extent of payment from the general
contractor. The Release of Lien and Affidavit shall state either
that all the subcontractors and suppliers have been paid or list
those unpaid and the amount owed. The contractor is required
to list on the Release of Lien and Affidavit any subcontractor or
supplier that has not been paid. That amount may be withheld
from the contractor’s pay and paid directly to the subcontractor
or suppliers after 10 days written notice to the contractor.
If the balance due to the contractor is not sufficient to pay
in full all subcontractors and suppliers listed on the contractor’s
affidavit, you may wish to consult an attorney.
The general contractor shall furnish a final Release of Lien
and Affidavit to the owner indicating all subcontractors and
suppliers have been paid at the time he requests final payment.
You can rely on the affidavit in making final payment to the
general contractor. If you make final payment to the general
contractor without obtaining the affidavit, your property can be
liened for non-payment if the general contractor fails to pay the
subcontractors or suppliers. You should always obtain a Release of
Lien and Affidavit from the contractor to the extent of any payments
being made.
RELY ON YOUR LENDER FOR COMPLIANCE
WITH CONSTRUCTION LIEN LAW
If you have a lender, you may rely on the lender to handle
the recording of the Notice of Commencement. Learn more about
the Construction Lien Law by contacting an attorney, your lender,
or the Florida Department of Agricultural and Consumer Services,
Division of Consumer Services.
Documents are recorded at the Clerk of the Courts,
MIAMI-DADE COUNTY RECORDER, COURTHOUSE EAST,
22 N.W. First Street, 1st Floor, Miami, FL 33128.
You can record the Notice of Commencement by mail. The
original Notice should be sent to the County Recorder, P.O. Box
011711, Flagler Station, Miami, Florida 33101. Please make
sure the original Notice is signed and notarized. Also, remember
to enclose the recording fee (for a single copy) and written
instructions for recording and returning a certified copy of the
recorded documents. For additional information on fees and
recording documents call (305) 275-1155.
MIAMI-DADE COUNTY
CONSTRUCTION LIEN LAW FOR OWNERS
NOTE: IF YOU SIGNED AS THE OWNER’S AGENT YOU ARE RESPONSIBLE FOR DELIVERING
THIS INFORMATION SHEET TO THE OWNER OF THE PROPERTY.
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