Guide to filing a mechanics lien in Franklin County

Although the Sunshine State grants strong lien rights to contractors, Florida lien law can be confusing to many. If you’re preparing to file a mechanics lien with the Franklin County Clerk, you’ll need to brush up on these laws before you look at Franklin County’s own requirements. This helps you to avoid mistakes that prolong the process and create further delays.

Below are four key areas in Florida lien law that apply to contractors who have gone unpaid after a construction project:

  1. Florida lien law dictates that contractors submit a Florida notice to owner before filing a lien claim. Florida NTOs are a lot like preliminary notices. If you fail to send an NTO to the property owner within 45 days of first work, you could lose your right to file a mechanics lien.
  2. Lien claimants need to abide by the 90 day deadline. Generally, the deadline to file a lien claim in Florida is triggered by the last performance of work, not the official end of the construction project.
  3. Some participants on the construction project can’t file a lien claim. This includes sub-sub-subcontractors, suppliers to suppliers, suppliers to sub-sub-subcontractors, maintenance workers, and unlicensed contractors (in some cases).
  4. Overestimating the amount on your lien claim is a felony in Florida. Only include the value of the labor and materials you provided for the project.

Our Florida Lien Laws FAQ page breaks apart each of the limitations in Florida lien law, as well as includes the lien documents you need to record your claim.

The rest of this page is dedicated to the Franklin County Clerk. Below is a list of frequently asked questions that inform you of the Franklin County Clerk’s recording requirements, recording fees, page size and margin requirements, and contact information.

If you’re looking for a complete guide to preparing a mechanics lien in Florida, see our step-by-step guide to filing a mechanics lien in Florida.

Where is the Franklin County Clerk's Office that files mechanics liens?

The Franklin County Clerk has two locations where you can go and file your mechanics liens.

Apalachicola Office
33 Market Street, Suite 203
Apalachicola, FL 32320
850-653-8861
Toll-free from Carrabelle: 850-697-2112
Monday – Friday (8:00 a.m. to 5:00 p.m.)

Carrabelle Annex
912 N.W. Avenue A
Carrabelle, FL 32322
850-697-3263
Thursdays, 8:15 AM to 4:45 PM
Closed for lunch 11:30 AM – 12:30 PM

What is Franklin County's Recording Backlog?

The Franklin County Clerk does not publicly disclose information on recording backlog.

Should my mechanics lien be filed in Franklin County, or some other county?

If the project is located in Franklin county, then yes, you will want to record your lien with the Franklin County Clerk’s office.

What are Franklin County's requirements for recording a mechanics lien?

Generally, to file a mechanics lien in Franklin County, there are 3 steps:

Step 1: Prepare your Florida mechanics lien form with the appropriate information required including information, statement of labor, and more. For more information, read our How to File a Florida Mechanics Lien Guide

Step 2: Serve a copy of the lien to the owner and others on the project.

Step 3: File the lien claim with the Franklin County Clerk’s Office.

Your lien claim must follow all Franklin County requirements including the appropriate margins and pay all fees.

What are the margin & page size requirements to file a lien in Franklin County?

The margin and page size requirements to file a lien in Franklin County are: All documents must comply with the 8 1/2″ x 11″ standard page size and must be no larger than 8 1/2″ x 14″. The top margin of the first page should be 3 inches with all other margins as 1 inch. Not meeting these margin and page size requirements may result in additional fees.

How can I make payment to the Franklin County Clerk?

You can make payment to the Franklin County Clerk when submitting your lien claim. The Franklin Clerk accepts most major forms of payment including cash, check, and major credit cards.

What are the filing fees to record a mechanics lien in Franklin County?

The Franklin County Clerk’s recording fee is $10.00 for the first page and $8.50 for each additional page.

Additional Recording Fees

Indexing fee: $1.00 for each additional entry in excess of 4 entries

Lien Fees

Transfers of Liens to Security & Mechanics Lien in Court Division Clerk’s Fee: $20.00

Additional Transfer of Lien, Clerk’s Fee: $10.00

Certificate of Transfer of Liens to Security on Judgments – Recording Division: $15.00 for the first certificate and $7.00 for each additional certificate

Copy Fees

Not More than 14″ x 8 1/2″: $1.00 per page
Certifying copies of any instrument in the Public Records: $2.00

 

How do I get a recorded copy of my lien from Franklin County Clerk's Office?

You can obtain a recorded copy of your lien from any of Franklin County Clerk’s office locations in person at the following addresses:

Apalachicola Office
33 Market Street, Suite 203
Apalachicola, FL 32320
850-653-8861
Toll-free from Carrabelle: 850-697-2112
Monday – Friday (8:00 a.m. to 5:00 p.m.)

Carrabelle Annex
912 N.W. Avenue A
Carrabelle, FL 32322
850-697-3263
Thursdays, 8:15 AM to 4:45 PM
Closed for lunch 11:30 AM – 12:30 PM

You can also search Franklin County Clerk’s Official Records online at:

https://www.myfloridacounty.com/official_records/index.html?thisPage=MyFloridaCounty.ORI.Order.state.Start

You can use a document number, otherwise you can browse records by county, person’s name, etc. Many documents are available for download. Otherwise you will receive the documents by mail within 3-5 business days.

You can pay by credit card (Visa, Mastercard, AMEX or Discover) or debit card.

Do I have the right to file a mechanics lien in Franklin, Florida?

Determining whether you have the right to file a mechanics lien in Franklin, FL depends on your situation. Generally speaking, every state gives those who have furnished labor and/or materials to a construction project the right to file a mechanics lien if unpaid for the furnishing. The same is true in Florida. However, there are some state-specific limitations as to who is qualified to file a mechanics lien that is important when considering whether you have the right to file a mechanics lien in Franklin County, FL.

You can read more about lien rights and if you have the right to file a lien on our Florida Mechanics Lien Resources page.

What is the fee to file a Florida Preliminary Notice in Franklin County?

The fee to file a Florida Preliminary Notice in Franklin is $10.