Guide to filing a mechanics lien in Lee County

If you need to file a mechanics lien with the Lee County Clerk in Florida, you’re in the right place. Florida outlines its own lien laws that determine who does and who does not have the right to file a mechanics lien claim. The only difference is that Florida’s lien laws tend to be a little more complicated when compared to the lien laws of other states. Here are a few noteworthy features:

  1. A preliminary notice must be submitted to protect your lien rights. The deadline to submit a preliminary notice, known as a Florida NTO, to the property owner is 45 days after work, materials, or services are first performed for a construction project. Failure to submit one could mean forfeiting your lien rights.
  2. The deadline to file a mechanics lien in Florida is triggered by the last day work was performed on the project. This differs from other states in which the deadline window is opened by the official end of the project. Lien claimants have a deadline of 90 days to file a mechanics lien in Florida.
  3. Not all parties in a construction project can file a mechanics lien. Sub-sub-subcontractors, suppliers to suppliers, suppliers to sub-sub-subcontractors, maintenance workers, and unlicensed contractors can’t file a mechanics lien claim in Florida.
  4. Overestimating the lien amount is a 3rd degree felony in Florida. To avoid these consequences, include only the value of the cost of labor and materials in your lien claim.

To learn more about the laws in detail, refer to our Florida Lien Laws FAQ page.

The next step is to record your lien claim. This page introduces you to the Lee County Clerk’s Office, providing you with information regarding recording requirements, formatting requirements, recording fees, addresses, contact information, and more. If you get everything right the first time, recording your lien with the Lee County Clerk should be a simple and quick process.

Visit our step-by-step guide to filing a mechanics lien in Florida for a complete breakdown of the Florida mechanics lien process.

Where is the Lee County Clerk of Court that files mechanics liens?

You can file your mechanic liens with the Lee County Clerk in three ways.

By Mail

You must provide a self addressed stamped envelope with your document to be recorded to Lee County Clerk of Courts, PO Box 2278, Fort Myers, FL 33902.

In Person

You can bring your documents to Lee County Clerk of Courts in person at 2115 Second Street, 2nd Floor, Fort Myers, FL 33901

Electronically

You can also submit your documents electronically. Visit the County Clerk’s Electronic Recording (eRecording) page to see if this option meets your Recording needs.

For more information on e Recording, you can go to

https://www.leeclerk.org/departments/recording-official-records/electronic-recording-erecording

What is Lee County's Recording Backlog?

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

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

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

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

All documents must comply with the Lee County Clerk’s recording requirements. They are as follows:

1. Every document must have a 3-inch by 3-inch blank square at the top right corner, for use by our office. If not enough space is available, you will be charged an additional fee for another page.

2. Use legible writing, black print or typing for best microfilm or photograph reproductions. Also, date the body of the instrument

3. All instruments, except mortgages, that transfer any interest in real property, must contain the correct mailing address of the grantee, the person who is buying the property.

4. The name and address of the person who prepares a document that pertains to the transfer of real property must be shown on that document.

5. All items to be recorded must come with a self-addressed stamped envelope. The name, full address and zip code of the person to whom the recorded instrument will be returned must be written on the back of the document. The information on the back of the document and on the envelope must agree. Include the firm name, if applicable.

6. Legal description of any real or personal property must be accurate.

7. The spelling of names should be carefully verified. The form and spelling of any names in the instrument should be identical with the names and signatures in the document. The name must be typed or printed below every signature.

8. Any document transferring any property requires two witnesses for each signature. However, the signature of a corporation uses a corporate seal instead of witnesses.

9. A person signing a document to be recorded must sign before the proper authority, such as a notary public. Notaries must state what form of identification was used, affix their seal, print their name and state the date that their appointment expires.

10. Unless a court or the Attorney General deems otherwise, an uncertified copy of a death certificate cannot be recorded, regardless if it is presented by itself or attached to another document.

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

All documents must be no larger than 8-1/2 x 14”. Every document must have a 3-inch by 3-inch blank square at the top right corner, for use by the office.

How can I make payment to the Lee County Clerk?

The Lee County Clerk accepts cash, check or credit card payments. Cash payments must be submitted in person, do not mail cash. Note that there is a 3.5% fee charged by the credit card processor for the use of a credit card.

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

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

Additional Recording Fees

Indexing Fee for Each Name over 4 Names: $1.00

Copy Fees

Copies of instruments fromofficial record 8 1/2 x 14 or smaller: $1.00
per page

Certification of document: $2.00

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

You can obtain a recorded copy of your lien from the Lee County Clerk’s office in person located at:

Lee County Clerk of Courts
2115 Second Street
2nd Floor
Fort Myers, FL 33901

Are all records available to the public unless there is a specific statutory or regulatory exemption. Access to a copy of a lien may require paying a fee.

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

https://www.leeclerk.org/records/official-records-search

You may request a copy using the County Clerk’s online records request system at https://www.leeclerk.org/services/public-records-request

If the records requested are mailed to the requester, additional charges will be added to cover the cost of postage and packaging.

Payment is due prior to public records release. For extensive use requests, the deposit payment is required prior to researching the request and calculating the estimated costs associated with fulfilling the request.

Payment for public record requests may be submitted as cash, check or credit card:

Cash payments must be submitted in person, do not mail cash. In-person payments for public records requests are to be made at:

Lee County Clerk of Court – Administration Building
2115 2nd Street- 3rd Floor- Finance Office
Fort Myers, FL 33901

There is a 3.5% fee charged by the credit card processor for the use of a credit card to pay for the records requested.

Check payments may be submitted in person or via U.S. Mail as long as the driver license number and issuing state are written on the check; foreign checks will not be accepted. Check payments will delay records requests up to three (3) business days. Write the request reference number on the memo line. Please send check payments to:

Lee County Clerk of Court
P.O. Box 2469
Fort Myers, FL 33902-2469

Credit Card payments can be submitted online by accessing the following link: Records Payment Portal

Most record requests can be fulfilled within a few business days depending on the date of the record requested. However, from time to time, older records or a request for a large amount of records may take longer.

Record copies, paper or electronic, made in response to a public records request will be maintained in the Clerk’s office for twenty (20) days.

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

Determining whether you have the right to file a mechanics lien in Lee, 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 Lee 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.

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

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

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