Guide to filing a mechanics lien in Monroe County

Non-payment and slow payment are major issues in the construction industry. Thankfully, states like Florida have strong lien laws that protect contractors from these financial woes. If you need to file a mechanics lien with the Monroe County Clerk, you need to be aware of the state’s lien laws as well as the County Clerk’s own requirements. This page introduces you to those laws and gives you an overview of those requirements.

To get started, here are four areas of Florida lien law that all contractors should know well:

  1. Submitting a notice to owner, otherwise known as a preliminary notice, is required in Florida. This preliminary notice must be submitted to the property owner no later than 45 days after work first begins on the construction project.
  2. The deadline to file a lien claim in Florida is determined by the last work and materials furnished, not the official end of the construction project. That is, lien claimants have 90 days after last work to file their lien claims.
  3. Not all parties on the project are protected. Sub-sub-subcontractors, suppliers to suppliers, suppliers to sub-sub-subcontractors, maintenance workers, and unlicensed contractors can’t file a mechanics lien in Florida.
  4. Overestimating the amount of the lien claim is a felony in Florida. To avoid this, only include the cost of materials and labor in your lien claim; nothing else.

Our Florida Lien Laws FAQ page takes a deeper dive into these rules and regulations, and it also includes the lien documents that you’ll need to file your lien claim in Monroe County.

Below, you can find useful information about the Monroe County Clerk. This page includes the county clerk’s recording requirements, recording fees, page size and margin standards, and contact information. You can also use this page to find out how to eRecord your lien claim, or eFile your lien with Levelset in just a few clicks.

There’s no such thing as too much research before you file a mechanics lien claim. See our step-by-step guide to filing a mechanics lien in Florida for a detailed explanation of the entire process.

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

You can file your mechanics liens in person or by mail.

In Person

You can bring your documents for recording to any of the following
Monroe County Clerk office locations in person at the addresses below:

Key West Courthouse
500 Whitehead Street
Key West, FL 33040
305-292-3540

Clerk of Court
3117 Overseas Highway
Marathon, FL 33050
305-289-6028

Clerk of Court
88820 Overseas Highway
Plantation Key, FL 33070
305-852-7145

By Mail

Make sure your check is payable to “Clerk of Circuit Court” and send the original documents for recording and your check or the appropriate fees to the Clerk’s Office.

Key West Courthouse
500 Whitehead Street
Key West, FL 33040
305-292-3540

What is Monroe County's Recording Backlog?

The Monroe County Clerk does not publicly disclose information on recording backlog. However, note that your original documents will be recorded, scanned and microfilmed. The original recorded documents will be returned to you in approximately three weeks.

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

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

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

All documents must comply with the Monroe County Clerk’s recording requirements. Since changes cannot be made once the instrument has been recorded, make sure to check the following:

1. Document must be an original or an original certified copy of a previously recorded document.

2. Document must be notarized.

3. 3″ by 3″ blank space in upper right corner of the first page.

4. 1″ by 3″ blank space on each subsequent page.

5. Legible, black print of typing for best reproduction by microfilm or photographing.

6. Date the body of the instrument.

7. Grantee’s mailing address, if transfer of interest is real estate. (Example: Deeds, Agreements and Contracts for Deeds)

8. Affix the name and address of person to whom instrument is to be returned on the front of the instrument.

9. On instruments by which the title to real estate or any interest therein of lien thereon is conveyed, created, encumbered, assigned, or otherwise disposed of, the name and address of the person who prepared the instrument must be printed, typewritten or stamped on the face of the instrument in a legible manner. (Instruments executed or acknowledged outside of the State, or before January 1, 1968, are exempt.)

10. Description of real or personal property, if any.

11. Signature(s) should agree with name(s) in the body of the instrument and should be legible and correctly spelled.

12. Signature(s) to be attested by two witnesses (transfer of any property).

13. Acknowledgment of person(s) executing the instrument.
Notary public seal and expiration date (for out of state notary – if the acknowledgment or proof is made before a notary public who does not affix a seal, it shall be sufficient for the notary public to type, print or write by hand on the instrument, “I am a notary public of the State of _______ and my commission expires on _______.(date)”)
Corporate seal, if applicable.

14. A self addressed, stamped envelope is required for all documents.

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

Every document must have a 3″ by 3″ blank space in upper right corner of the first page and a 1″ by 3″ blank space on each subsequent page.

How can I make payment to the Monroe County Clerk?

The Monroe County Clerk accepts check payment for mail-in recording. Make sure your check is payable to “Clerk of Circuit Court”

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

The Monroe County Clerk’s recording fee is $10.00 for the first page and $8.50 for each additional page of the same document.

Additional Recording Fees

If the document contains more than 4 names to index, there is an additional charge of $1.00 per name.

Copy Fees

Copies: $1.00 per page
Certification: $2.00 per page of document

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

You can obtain a recorded copy of your lien from any of Monroe County Clerk’s office locations in person at the following addresses:
Key West Courthouse
500 Whitehead Street
Key West, FL 33040
305-292-3540

Clerk of Court
3117 Overseas Highway
Marathon, FL 33050
305-289-6028

Clerk of Court
88820 Overseas Highway
Plantation Key, FL 33070
305-852-7145

You can also search the County Clerk’s official records and purchase documents online at http://www.clerk-of-the-court.com/

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

Determining whether you have the right to file a mechanics lien in Monroe, 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 Monroe 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 Monroe County?

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

Top Payment Experts & Services in Monroe to help you File Your Florida Mechanics Lien.

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