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When Must an Amended, Corrected, or Terminated Notice of Commencement Be Notarized?

After a Notice of Commencement is recorded, an amended notice, new notice, local filing affidavit, or termination may be required. Each lifecycle instrument has its own purpose, notarization requirements, and separate recording or permit steps.

iRemoteNotary Editorial Team

Published and reviewed by iRemoteNotary
Last reviewed August 16, 2026

Quick Answer

When must an amended, corrected, or terminated Notice of Commencement be notarized?

An amended Notice of Commencement, a new Notice of Commencement or Notice of Recommencement, a local correction or filing affidavit, and a statutory Notice of Termination are separate instruments with different purposes. They are not interchangeable.

A document requires notarization when its controlling form, statute, or recipient requires a notarial act—typically an acknowledgment or a sworn statement.

Notarization does not record, amend, recommence, or terminate a Notice of Commencement by itself. Recording, service, payment, and other statutory steps remain separate obligations.

In Florida, lien-law examples in this article are Florida-specific. Florida Statutes §713.13 addresses amendments and contractor changes; §713.132 governs termination; §713.135 addresses building-department proof requirements.

The signer must confirm the correct document and procedure with the recorder, building department, document preparer, or legal adviser before notarizing or filing.

After a Notice of Commencement is recorded, project circumstances may change. An owner may need to extend an effective period, correct information, replace a contractor, satisfy a building department's filing proof, or terminate the notice when work ends.

Those situations do not all use the same document. Some require a statutory amended notice. Others require a new notice or Notice of Recommencement. Some local agencies accept a separate filing affidavit. Termination follows its own statutory framework.

This guide explains post-original Notice of Commencement documents and when notarization may apply. It does not replace the guide for recording and notarizing an original Notice of Commencement, and it does not provide legal advice.

Start With the Original Notice of Commencement

Every lifecycle question begins with the original Notice of Commencement already on file—or the reason a new notice is needed instead of an amendment.

The original notice establishes the baseline owner, contractor, property, and project information for lien-law purposes in jurisdictions that use this instrument. Before preparing an amended notice, correction affidavit, recommencement notice, or termination, the signer should locate the recorded instrument number, book and page reference, or other official recording data shown on the clerk's records.

If the original notice was never recorded, expired, or became void because work did not start within the required period, the appropriate next step may be a new notice or recommencement—not merely a local correction form. Confirm that question with the recorder and document preparer.

Review the original Notice of Commencement notarization guide.

Read the general construction document notarization guide.

Review the preliminary notice and Notice to Owner guide.

Notice of Commencement Lifecycle Comparison

InstrumentGeneral purposeTypical execution issueSeparate follow-up requirement
Original Notice of CommencementStarts the statutory notice period and identifies owner, contractor, property, and project detailsOwner signature; correct legal description; bond attachment if applicableRecord in the clerk's office; post certified copy or approved statement at the site; provide proof to building department before first inspection where required
Amended Notice of CommencementExtends effective period, corrects erroneous information, or adds omitted information on a notice still within its effective periodMust identify the recorded original; owner signature; correct amendment scopeRecord amendment; serve copy on contractor and qualifying lienors within statutory timeframes (Florida-specific)
New NOC or Notice of RecommencementRestarts or replaces notice when a new notice is required—including contractor replacement or recommencement after default or abandonmentMust reflect current owner, contractor, and project data; may differ from a simple correctionRecord new notice; post and provide building-department proof as with an original
Local correction or filing affidavitAttests that a Notice of Commencement was filed or provides local administrative correctionSigner capacity; whether affidavit is acknowledgment or sworn statementSubmit to building department or clerk as directed; does not by itself amend recorded lien-law notice unless statute or agency says otherwise
Notice of TerminationEnds the effective period of a recorded Notice of Commencement when statutory conditions are metSworn content; payment and service requirements; timing limitationsServe on lienors before recording; record in official records; termination effective only after statutory waiting period—not immediately upon notarization

The instrument that fits a given situation depends on statute, recorded history, and recipient requirements—not on convenience or form title alone.

Amended Notice of Commencement

Under Florida Statutes §713.13(5)(a)—a Florida-specific rule—a Notice of Commencement recorded within its effective period may be amended to:

  • extend the effective period,
  • change erroneous information in the original notice, or
  • add information omitted from the original notice.

An amendment is not automatically appropriate for every project change. It is tied to the recorded notice's effective period and to the type of change being made. The amended notice must identify the official records book and page—or equivalent recording reference—where the original notice is recorded. In Florida, a copy of the amended notice must be served on the contractor and on lienors who serve notice before or within 30 days after the amended notice is recorded. If the document's certificate requires an acknowledgment or oath, notarization completes the execution step only. Recording and service remain separate.

Explore amended Notice of Commencement online notarization.

New Notice of Commencement or Notice of Recommencement

Florida Statutes §713.13 also distinguishes amendment from replacement.

Under §713.13(5)(a) (Florida-specific), changing contractors requires a new Notice of Commencement or Notice of Recommencement to be executed and recorded—not merely an amended notice that edits contractor information.

A Notice of Recommencement may also arise when work resumes after default or abandonment, depending on project history and statutory requirements. Those situations call for a fresh notice with current project data, not a local administrative affidavit alone.

Because a new notice functions like a restart of the commencement process, confirm recording, posting, bond attachment, and building-department proof requirements with the same care used for the original notice.

Review the change-of-contractor affidavit notarization guide.

Explore original Notice of Commencement online notarization.

Local Correction and Filing Affidavits

Building departments and clerks sometimes use a local correction or filing affidavit that is not the same instrument as a statutory amended Notice of Commencement.

For example, Monroe County publishes a Notice of Commencement Filing Affidavit in which the owner or authorized agent attests that a Notice of Commencement has been filed with the clerk and attaches a copy. That affidavit helps satisfy building-department proof requirements; it does not automatically amend the recorded notice under Florida lien law.

Similarly, municipalities may publish administrative forms to correct permit numbers, folio references, or submission errors. Whether those forms require notarization depends on the form itself and the agency's current instructions.

Before notarizing a correction document, confirm whether the recipient wants:

  • a recorded amended notice under §713.13,
  • a new notice or recommencement,
  • or a local filing or correction affidavit for permit administration only.

A local filing affidavit and a statutory amended Notice of Commencement serve different purposes and should not be treated as interchangeable.

Review Notice of Commencement correction affidavit notarization.

Statutory Notice of Termination

Florida Statutes §713.132 (Florida-specific) allows an owner to terminate the period of effectiveness of a Notice of Commencement by executing, swearing to, and recording a Notice of Termination containing specified information, including:

  • the same information contained in the notice of commencement,
  • recording reference data for the original notice,
  • a termination date that may not be earlier than 30 days after the notice of termination is recorded,
  • a statement that all lienors have been paid in full,
  • and statements about service on lienors.

The statute also addresses contractor affidavits, service before recording, later-serving lienors, and fraud liability. Valid termination requires more than notarization. Payment, service, accompanying affidavits where required, timing, and recording must all be satisfied under the controlling law. Termination is not effective immediately upon notarization. Under §713.132, the notice of commencement terminates 30 days after the notice of termination is recorded—or on a later date stated in the notice—when properly served and recorded. Notarization of a sworn termination statement confirms the signer appeared and took an oath or made an acknowledgment as required by the certificate. It does not prove that all lienors were paid or that lien rights are extinguished.

Explore Notice of Termination online notarization.

Recording and Building-Department Submission Are Separate

Recording places the instrument in the clerk's official records. Submitting proof to a building department satisfies permit administration—often before the first inspection.

Florida Statutes §713.135(1)(e) (Florida-specific) illustrates the distinction. Before the first inspection on qualifying projects, the issuing authority may require a copy of the notice of commencement shown by:

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  • a certified copy of the recorded notice,
  • a notarized statement that the notice has been filed for recording along with a copy, or
  • clerk identifying information such as instrument number or book and page.

Miami-Dade Clerk's Official Records office handles recording in that county. The Village of Palmetto Bay publishes local guidance on liens and Notices of Commencement for permit workflows. Procedures differ by county and municipality. A document can be notarized correctly and still fail to satisfy a separate recording or building-department step if the wrong instrument is used or required attachments are missing.

Review Notice of Commencement recording support.

Can Lifecycle NOC Documents Be Notarized Online?

An amended notice, new notice, local filing affidavit, or termination document may be eligible for remote online notarization when:

  • the document and certificate permit online notarization under applicable law,
  • the signer appears by approved audio-video technology,
  • acceptable identification is available,
  • the notary completes the correct certificate, and
  • the recipient—recorder, building department, lender, or title company—accepts remotely notarized execution and any electronic format.

Remote online notarization can speed the signing step. It does not guarantee that a clerk will record the document, that a building department will accept the submission, or that the instrument chosen is legally sufficient for the project change. Confirm remote-notarization acceptance with the recorder and building department before scheduling.

Need an Amended Notice of Commencement Notarized?

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What the Notary Does

For entity-owned property, the certificate should reflect representative capacity when the form requires it.

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When notarization is required and permitted, the notary may:

verify the identity of the person appearing,

confirm personal appearance in person or by approved remote technology,

take an acknowledgment or administer an oath as stated in the certificate,

witness the signature when required,

complete the notarial certificate without altering the document's substantive terms,

and create the required notarial record.

What the Notary Does Not Do

Those determinations belong to the signer, document preparer, recorder, and legal advisers—not the notary.

The notary does not:

choose whether an amendment, new notice, local affidavit, or termination is the correct instrument,

record the document in the clerk's office,

serve copies on contractors or lienors,

verify that all lienors were paid,

determine whether termination timing or payment conditions are satisfied,

verify contractor licensing or project compliance,

prove that statements in the document are true,

or guarantee acceptance by a recorder, building department, inspector, lender, or title company.

Preparation Checklist

  • Correct instrument — amended notice, new notice, recommencement, local affidavit, or termination.
  • Recorded original data — instrument number, book/page, or clerk reference.
  • Signer and capacity — owner, authorized agent, or other person permitted by the form.
  • Final unsigned document — complete except for signatures required during the session.
  • Notarial certificate type — acknowledgment vs. jurat matches the form and law.
  • Identification — acceptable ID for in-person or remote notarization.
  • Recipient rules — recorder and building department remote-notarization and format policies.
  • Separate post-notarization steps — recording fees, service list, contractor affidavit, certified copies, permit submission.
  • Entity authority materials — if signing for an LLC or corporation, any resolutions or authority documents required by the recipient.
  • No assumption of legal effect — notarization alone does not amend, recommence, or terminate the notice.

Key Takeaway

Lifecycle Notice of Commencement documents solve different problems. An amended notice, a new notice or recommencement, a local filing affidavit, and a Notice of Termination each has its own purpose, execution requirements, and follow-up steps.

Notarization applies when the controlling form or law requires it. It completes the notarial act—it does not record the document, approve the project change, or terminate lien rights by itself.

Confirm the correct instrument and full procedure with the recorder, building department, and document preparer before signing.

Frequently asked questions

Is a local NOC correction or filing affidavit the same as an amended Notice of Commencement?

No. A local correction or filing affidavit is usually an administrative document for a building department or clerk workflow. A statutory amended Notice of Commencement under Florida §713.13 is a recorded lien-law instrument with its own content and service requirements. The two should not be treated as interchangeable.

When does Florida law require a new Notice of Commencement instead of an amended notice?

Under Florida §713.13(5)(a), changing contractors requires a new Notice of Commencement or Notice of Recommencement to be executed and recorded—not an amended notice alone. Other situations, such as recommencement after default or abandonment, may also require a new notice rather than an amendment.

Does a Notice of Termination need to be notarized?

Florida §713.132 requires the owner to execute, swear to, and record a Notice of Termination. The form's certificate typically requires a notarial act on the sworn statement. Exact certificate wording should match the form and applicable law.

Does notarization record an amended, corrected, or terminated Notice of Commencement?

No. Notarization is performed by a notary public. Recording is performed by the clerk after the document is delivered for recording with required fees and format. They are separate steps.

Can an amended or terminated Notice of Commencement be notarized online?

It may be eligible for remote online notarization when law, the certificate, the platform, and the recipient allow it. Confirm with the recorder and building department before assuming remote notarization or electronic submission will be accepted.

What is the difference between recording an NOC and submitting proof to a building department?

Recording creates a public record in the clerk's official records. Building-department submission provides permit proof—often a certified copy, notarized filing statement, or clerk reference—before inspection. Florida §713.135 describes building-permit proof options. One step does not replace the other.

Does notarization terminate lien rights or prove all lienors were paid?

No. Notarization confirms the notarial act on the document presented. It does not verify payment, service on lienors, or legal termination of lien rights. Florida §713.132 sets separate substantive requirements for a valid Notice of Termination.

Sources and Official References

The following primary sources support the legal and procedural information in this guide. Requirements can change, so confirm current rules with the receiving organization before relying on a notarized document.

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