The Affidavit of Filing NOC (printed title: Affidavit of Filing Notice of Commencement) is a City of Cape Coral permitting form in which a building permit applicant, or the applicant's authorized agent, swears that a Notice of Commencement was filed for recording with the Clerk of Lee County, Florida. It is one of the affidavits in the city's Permit Document Center and supports a Cape Coral permit by tying the recorded notice to the permit number. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form itself is published by the city, and the signature must be notarized.
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What is Affidavit of Filing NOC – Cape Coral, FL?
The Affidavit of Filing NOC is a one-page sworn statement, issued under the City of Cape Coral's Department of Development Services, in which the applicant for a building permit confirms that a Notice of Commencement for the property was filed for recording with the Clerk of Lee County, Florida.
The form is headed Affidavit of Filing Notice of Commencement and is preprinted with State of FL and County of Lee. It carries a Permit # line and states two things under oath: that the person signing is the applicant, or the applicant's duly authorized agent, for a building permit on the property named in the attached Notice of Commencement; and that on the date entered, that Notice of Commencement was filed for recording with the Office of the Clerk of Lee County. A copy of the filed notice is attached to the affidavit and incorporated into it.
The page is completed in two parts. The applicant enters the name, the recording date, a printed name, signature and today's date. A notary public then completes the jurat: state and county, whether the oath was taken by physical presence or online notarization, the date, how the signer was identified, the notary's stamp, expiration date and commission number, signature and printed name.
This affidavit is not the Notice of Commencement itself. The city's Document Center lists the Notice of Commencement as a separate document, with its own revision and applicability notes by project type, and lists this affidavit among its Affidavits category as "Affidavit of Filing NOC, Revised 10/2021." The printed revision line on the form reads Revised_10_28_21.
Who needs to file Affidavit of Filing NOC – Cape Coral, FL?
The main group is the applicant for a building permit, or the applicant's duly authorized agent, when a Notice of Commencement has been recorded for the property and the City of Cape Coral needs the affidavit that it was filed. The form's own wording describes the signer as "the applicant or duly authorized agent of the applicant of a building permit for the subject property referenced in the attached Notice of Commencement."
- Applicant: enters the applicant name and signs in front of a notary.
- Authorized agent: may complete and sign in place of the applicant, as the printed statement allows.
- Notary public: completes the notarization block; the signer does not fill it in.
The form is tied to a specific permit and a specific recorded notice. It applies only where a Notice of Commencement has been filed, because it requires the recording date and a copy of the filed notice. Whether a Notice of Commencement is needed for your project type is listed on the city's Permit Document Center page under each permit category; ask the Building Division if your category is unclear.
When to file Affidavit of Filing NOC – Cape Coral, FL
The triggering event is the recording of the Notice of Commencement: the affidavit states the date on which the notice was filed for recording in the Office of the Clerk of Lee County, so you cannot complete it before that date exists. The form prints no separate deadline. It is tied to the building permit shown on the Permit # line, so complete it for that permit once you have the recorded notice in hand, and confirm any timing requirement for your permit with the City of Cape Coral Building Division. Schedule the notary before you sign, because the signature must be notarized and the date you sign ("Today's Date") is entered with it.
Documents you need
- A copy of the Notice of Commencement as filed for recording with the Clerk of Lee County, Florida, attached to the affidavit; the form states the copy is incorporated into it.
- Identification for the signer if the notary does not know you personally; the notary block records "personally known or produced ____ as identification."
How to fill out Affidavit of Filing NOC – Cape Coral, FL
Enter the permit number
Write the building permit number on the Permit # line at the top right of the form. The state (FL) and county (Lee) are already printed.
Enter the applicant name
On the line under "this day appeared," write the name of the applicant (or the authorized agent signing for the applicant), as it appears under "(Applicant Name)."
Enter the recording date
In the second statement, write the date the Notice of Commencement was filed for recording with the Office of the Clerk of Lee County, Florida.
Print your name
In the signature row, write your printed name under "Printed Name of Applicant."
Sign and date before the notary
Sign under "Signature of Applicant" in front of the notary and enter today's date under "Today's Date." The form states the signature must be notarized.
Let the notary complete the jurat
The notary writes the state and county, checks physical presence or online notarization, and enters the day, month and year, your name and how you were identified (personally known or the ID produced).
Add the notary stamp and details
The notary affixes the stamp, enters the Exp Date and Commission Number, and signs and prints their name at the bottom.
Attach the filed notice and download
Attach a copy of the Notice of Commencement as filed with the Clerk of Lee County. Review every line, then download or print the completed PDF from FillingPDF and deliver it as described under How to submit.
How to submit Affidavit of Filing NOC – Cape Coral, FL
The form prints no submission channel of its own. Its header shows the Department of Development Services, P.O. Box 150027, Cape Coral, FL 33915-0027, and it is identified by the permit number you enter on the Permit # line.
- What goes together: the signed and notarized affidavit, with a copy of the filed Notice of Commencement attached, as the form states.
- Where it goes: the city's Permit Document Center lists the affidavit alongside the documents for permits; confirm the way the Building Division wants it delivered for your permit before you send or bring it.
- Originals and notary: the signature must be notarized, so complete the notary block with the notary before delivery.
FillingPDF lets you fill out and download the PDF; submission follows the City of Cape Coral channels for your permit.
Common mistakes to avoid
- Signing the affidavit without a notary present or available; the form states that the signature must be notarized.
- Leaving off the copy of the filed Notice of Commencement, which the form says is attached and incorporated.
- Leaving the recording date blank; the affidavit must state the date the Notice of Commencement was filed for recording.
- Leaving the Permit # line empty, so the affidavit cannot be tied to the building permit.
- Entering a printed name that does not match the applicant name at the top, or leaving the signature or Today's Date blank.
- Filling in the notary block yourself instead of leaving the state, county, means of notarization, stamp, expiration date and commission number to the notary.
- Not marking whether the notarization was by physical presence or online notarization.
- Treating this affidavit as the Notice of Commencement itself; the notice is a separate document that the affidavit refers to.
Frequently asked questions
What is the Affidavit of Filing NOC?
It is a City of Cape Coral form in which a building permit applicant or authorized agent swears that a Notice of Commencement for the property was filed for recording with the Clerk of Lee County, Florida. A copy of the filed notice is attached to it.
Does the Affidavit of Filing NOC have to be notarized?
Yes. The form states "SIGNATURE MUST BE NOTARIZED" and includes a notary block with the means of notarization (physical presence or online notarization), the stamp, expiration date and commission number.
What do I attach to the Affidavit of Filing NOC?
Attach a copy of the Notice of Commencement as it was filed for recording with the Office of the Clerk of Lee County. The affidavit states that this copy is attached and incorporated into it.
Do I need this form for a Cape Coral permit?
It applies when you are the applicant or authorized agent for a building permit and a Notice of Commencement has been recorded for the property. The city's Permit Document Center lists the notice by permit category, so confirm with the Building Division.
Can an agent sign the affidavit for the applicant?
Yes. The printed statement says the signer is "the applicant or duly authorized agent of the applicant." The signer still prints their name, signs and dates the form, and the signature must be notarized.
Is the Affidavit of Filing NOC the same as the Notice of Commencement?
No. The Notice of Commencement is a separate document listed on its own in the city's Permit Document Center. The affidavit only confirms the notice was filed for recording and attaches a copy of it.
Can I fill out the Affidavit of Filing NOC online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not the City of Cape Coral, and does not file the form; the signature must still be notarized and delivery follows the city's channels.
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