The Hard and Time-Consuming Process of Filing a Notice of Commencement in Duval County, Florida

When it comes to construction projects, whether big or small, one of the first legal steps in Florida is filing a Notice of Commencement (NOC). While it seems like a simple task, it involves a series of intricate steps, paperwork, and requirements. In Duval County, the process can be especially tricky and time-consuming. Here’s a breakdown of what goes into filing a Notice of Commencement and why it can be so demanding.

What is a Notice of Commencement?

Before diving into the process, it’s essential to understand what a Notice of Commencement (NOC) is. This document is required under Florida Statutes for any construction project where the total value exceeds $5,000.  This means that the vast majority of home improvement projects will require one. It serves as an official notification to all parties involved — such as subcontractors, suppliers, and lenders — that a project has begun. Additionally, (and we would argue most importantly) according to Florida Law 713.13, it protects the property owner and contractors

A Notice of Commencement provides key information about the project, such as:

• The name of the property owner
• The address of the property
• A brief description of the construction work
• The name and contact details of the contractor
• The project’s expected start date

Steps Involved in Filing a Notice of Commencement in Duval County

1. Preparation and Documentation

The process begins by gathering all the necessary documentation to complete the Notice of Commencement form. This includes having information on the property owner, contractor, and any involved stakeholders (lenders, bond companies, etc). You’ll also need the property’s legal description, which is sometimes tricky to locate and it could require assistance from a title company or a legal professional. You can usually find this information on the Duval county’s property appraiser website. We highly recommend being extra careful when copy/pasting the legal description – to ensure no errors are made. 

• • Challenge: Locating the exact legal description of a property can be cumbersome. Property records must be carefully examined to ensure accuracy, which often requires accessing public records or hiring a title agent.

• Easier Solution: Sign up to Permit Rockstar and have our AI fill out the NOC for you. The only thing you need to do is enter the address. 

• Time Saved: 1 hour and one big fat headache. 

2. Filling Out the NOC Form

Once the necessary information is gathered, the next step is filling out the Notice of Commencement form. Duval County provides a standardized form, but the format can be confusing for those unfamiliar with legal documents. The Duval County Notice of Commencement form requires detailed information about the scope of work, and sometimes additional information may be needed for specific types of projects.

• • Challenge: Misunderstanding or missing a crucial detail on the form can delay the filing process. Even small mistakes, such as leaving out a subcontractor’s name or failing to list the correct project address, can cause the document to be rejected.
  • Easier Solution: Sign up to Permit Rockstar where we have all the documents you will need conveniently located in one place. Just select the form you need and get started. 

• Time Saved: 45 minutes and your mouse (as you won’t be banging it as you try and figure out how to use that STUPID ONLINE PDF FILLER!)

3. Notarization of the NOC

The Notice of Commencement must be signed by the property owner and notarized before it is submitted to the county. This ensures that the signature is legally binding and confirms the property owner’s consent. 

• • Challenge: Finding a notary can be an added inconvenience, especially if you’re working on a tight schedule. Some property owners may need to schedule an appointment with a notary, which could take time out of their day, especially if they are not near a public notary office. Or you, assuming you are a notary, need to run around town chasing customers’ signatures wasting your valuable time.
  • Easier Solution: Sign up to Permit Rockstar where we can contact your client on your behalf and have our Online Remote Notary take care of the notarization. This ensures that you will have a fully legal notarized document. 

• Time Saved: 2-3 hours depending on traffic. Hope JEA doesn’t close down San Jose Blvd again causing a bit of a delay 🙂 Also saves your sanity. 

4. Submission to the Duval County Clerk’s Office

After the NOC is filled out and notarized, it must be submitted to the Duval County Clerk’s Office. The Clerk’s Office is the entity responsible for officially recording the Notice of Commencement in the public record.

• • Challenge: Filing at the Clerk’s office is not always a straightforward task. If you’re unfamiliar with the process, you may need assistance. The office might also have specific business hours, and you could face long wait times, especially during peak hours. Some contractors and property owners prefer to use an online filing service, but this requires additional steps and oftentimes hefty subscription fees.
  • Easier Solution: Sign up to Permit Rockstar where we can also record your notarized NOC for you. No more waiting in line at the courthouse. 

• Time Saved: 2 hours – if traffic isn’t horrible and our lovely clerks decide to move at a pace faster than a turtle that day. 

Why the Process is So Time-Consuming

The process of filing a Notice of Commencement may seem straightforward, but there are multiple steps and hurdles along the way. It’s the attention to detail and compliance with state laws that make the process time-consuming. The need for notarization, proper documentation, and specific filing requirements can lead to delays if not managed efficiently.

Additionally, the potential for errors and the need for multiple revisions can slow things down. In Duval County, like in many other Florida counties, ensuring compliance with local and state regulations is crucial for the smooth progress of a construction project. Any mistake could lead to costly delays, legal complications, and even issues with securing payment or claiming lien rights.

Tips for Navigating the Process

If you insist on doing this yourself and spending an average of 5-7 hours keep in mind the following: 

• Double-check all information: Ensure all details are accurate before submitting the NOC to avoid rejection.
• Hire professionals: If you’re unfamiliar with the process, consider hiring a legal professional, contractor, or title agent to assist with filling out the form correctly.
• Start early: Give yourself plenty of time to complete each step. File the NOC as early as possible before construction begins.
• Ensure proper posting: Don’t forget to display the Notice of Commencement at the construction site in a visible area.

Conclusion

Filing a Notice of Commencement in Duval County is no small feat. From gathering documentation to dealing with notarization and fees, the entire process demands careful attention to detail that can become very time consuming.

We can think of many things that you can do with an additional 3-5 hours in your day. So sign up today, for FREE, with Permit Rockstar and let us save you from a couple of headaches and a whole lot of traffic!