How to File a Notice of Commencement in Southwest Florida
A step-by-step guide for property owners and contractors in Lee and Collier Counties — including the notarization rules and how mobile notary service makes the process easier.
If you're starting a construction or remodeling project in Fort Myers, Cape Coral, Naples, Estero, or anywhere across Southwest Florida, Florida law usually requires you to file a Notice of Commencement before work begins. Filing it correctly protects you from paying twice for the same work and keeps your project compliant with Florida Statute 713.13.
What is a Notice of Commencement?
A Notice of Commencement is a recorded document that identifies the property, the owner, the contractor, the lender, and the surety on a construction project. Once recorded with the County Clerk and posted at the jobsite, it puts subcontractors and suppliers on notice of who is responsible for paying for the improvement — and triggers your protections under Florida's Construction Lien Law.
When is it required?
- Any direct contract for construction over $2,500.
- New builds, additions, remodels, roofing, pool construction, and most major repair work.
- Exception: a direct contract for the repair or replacement of an existing HVAC system valued at $15,000 or less.
Step-by-step: filing in Lee or Collier County
Step 1: Complete the Notice of Commencement form
Use the statutory form from your contractor, lender, or the County Clerk's website. You'll need the property's legal description (not just the street address), the owner's name and address, the contractor's information, and details for any surety or lender.
Step 2: Sign in front of a Florida notary
Florida Statute 713.13 requires the owner's signature to be acknowledged before a notary public. The owner must appear in person — Florida does not allow you to sign in advance and add a notary stamp later.
Step 3: Record with the County Clerk
Record the notarized Notice of Commencement with the Lee County Clerk of Court (Fort Myers) or the Collier County Clerk of Court (Naples). Recording fees are charged per page.
Step 4: Post a certified copy at the jobsite
Before work begins, post a certified copy of the recorded Notice in a visible location at the construction site. Keep a copy with your permit card.
Why notarization matters
The Clerk will not record a Notice of Commencement without a proper notarial acknowledgment. A missing or defective notary block is the most common reason these documents get rejected at the counter — costing you a second trip and potentially delaying inspections, draws, or permit pickup.
Need a notary today?
We come to your home, office, or jobsite anywhere in Lee, Collier, and surrounding counties — evenings included.
This guide is provided for general information and does not constitute legal advice. For specific questions about your project, contact a Florida-licensed attorney or the Clerk of Court in the county where the work will be performed.