The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Finally, the Lennens argue that the district court erred by granting summary judgment for Orange County on the negligence claim (count IV) because it: (1) misconstrued their negligence claim as a statutory claim under section 28.222; (2) misinterpreted section 28.222 "as mandating the recording of any instrument"; and (3) resolved disputed issues of fact concerning the trust documents' "legitimacy" and the county's conduct in recording and indexing them. We affirm the district court's grant of summary judgment because the county was not negligent as a matter of law.We reject the Clerk's contention that section 695.11, Florida Statutes, supports reversal. Section 695.11 provides that a document is deemed to have been officially accepted by the clerk of court and officially recorded when the clerk affixes the register number that is required under section 28.222. The Clerk conflates the issues of when an instrument is required to be recorded, which is addressed by section 28.222(3), and when an instrument is deemed recorded, which is addressed by section 695.11. Here, there were seven days between when the duty to record arose and when the duty was carried out, which was not "upon payment."Presidential's argument is without merit. "All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court ... which are filed for recording ... shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time she or he affixed thereon the consecutive official register numbers ... and at such time shall be notice to all persons ." § 695.11, Fla. Stat. (2012) (emphasis added). Assignments of mortgages are authorized to be recorded in the official records. § 28.222(3)(a), Fla. Stat. (2012). "The index shall be limited to grantor and grantee names, party names, date, book and page number, comments, and type of record." § 28.2221(2), Fla. Stat. (2012).Here, Orange County concedes that it has a statutory duty to record legal instruments consistent with section 28.222. See Dixon, 603 So. 2d at 564 (noting that the clerk of court had a statutory duty to properly record and index documents in the public records). However, Orange County asserts that it does not owe a statutory duty specifically to Plaintiffs. The Court disagrees. Orange County owes a statutory duty to individuals, like Plaintiffs, claiming an interest in land. See id. at 565 (holding that section 28.222 is designed to protect those claiming an interest in land, including subsequent purchasers and creditors). Moreover, the Court finds the act of recording legal instruments to be operational, as Orange County contends that it has no discretion in determining whether to record a properly executed deed. See Rodriguez v. Miami-Dade Cty., 117 So. 3d 400, 406 (noting that sovereign immunity shields only actions that are discretionary in nature, not operational). Accordingly, sovereign immunity is not a bar to Plaintiffs' claim against Orange County.These issues are generally determined by the operation of sections 28.222, (regarding clerks of court, official records, and register of recorded instruments), 695.11 (sequence per official records book and page to determine priority), and 695.01 (conveyances, transfers, or mortgages of real property, or of any interest therein, required to be recorded to establish priority "against creditors or subsequent purchasers for a valuable consideration and without notice"). City of Palm Bay v. Wells Fargo Bank, N.A., 114 So.3d 924, 927 (Fla. 2013).Rather, the court found dispositive that Fla. Stat. § 28.222 did not provide a right of action. See id. at 1270-71. On that point, the clerk argued that the absence of a cause of action in Fla. Stat. § 28.222 was irrelevant because his common law claims were "independent of a statutory violation" and the statute was "simply the 'statutory source'" of his authority over the county public records. Id. at 1270. The court rejected that argument, reasoning as follows:In Florida, the Clerk of the Circuit Court is the recorder of all instruments that are required or authorized by law to be recorded. Fla. Stat. § 28.222(1). The Clerk must record all instruments in one general series called "Official Records." Fla. Stat. § 28.222(2). The Clerk "shall record" certain kinds of instruments, including in relevant part:In addition, the Motion for Leave to File, which is functionally a continuation of the Second Motion to Alter or Amend, does not contain a memorandum of law as required by Local Rule 3.01(a). Further problematic is the fact Bafford and Tampa for Christ Church have not provided a copy of the document they seek to file in the land records of Hillsborough County and, as a result, the Court cannot determine whether such a document falls under Section 28.222(3)(a), Florida Statutes. Therefore, the Motion for Leave to File is denied.The priority of interests in real estate under Florida law is generally determined by the operation of three statutes. Section 28.222( 2), Florida Statutes (2004), requires the clerk of the circuit court to record instruments in the official records and to “keep a register in which he or she shall enter at the time of filing the filing number of each instrument filed for record, the date and hour of filing, the kind of instrument, and the names of the parties to the instrument.” Section 695.11, Florida Statutes (2004), provides that “[t]he sequence of [official register numbers required under section 28.222 ] shall determine the priority of recordation” so that “[a]n instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series.” The legal significance of priority of recordation comes into play in the context of the rule established in section 695.01(1), Florida Statutes (2004), which provides as follows: “No conveyance, transfer, or mortgage of real property, or of any interest therein ... shall be good and effectual in law or equity against creditors or subsequent… Furthermore, remembering that a court is to analyze the Defendants' function in the particular context at issue, Shands Teaching Hosp. & Clinics, 208 F.3d at 1311, the Court notes that the context in this case is the recording of documents in the public record. And, as to that function, the State maintains near absolute control of the clerks of circuit courts. Section 28.222, Florida Statutes, defines the duties of clerks of circuit courts in their role as county recorder. Section 28.222 prescribes how the clerks of circuit courts should record documents and enumerates the types of documents the clerks of circuit courts must record. Notably, Section 28.222(3) does not use precatory or permissive language; rather, Section 28.222(3) dictates what the clerks of circuit court must accept.. . . These issues are generally determined by the operation of sections 28.222, (regarding clerks of court . . .
. . . . § 28.222(1). . . . Stat. § 28.222(2). . . . Stat. § 28.222. . . . Stat. § 28.222(7). . . .
. . . Section 28.222(2), Florida Statutes (20Q4), requires the clerk of the circuit court to record instruments . . . Statutes (2004), provides that “[t]he sequence of [official register numbers required under section 28.222 . . .
. . . “First in time” is determined under sections 28.222(2), Florida Statutes (Clerks of Court must maintain . . .
. . . . §§ 28.222, 28.24, Fla. Stat. (2005); Op. Atty. Gen., 075-309, Dec..22,. 1975. . . .
. . . Section 28.222(2), Florida Statutes (2004), requires the clerk of the circuit court to record instruments . . . Statutes (2004), provides that “[t]he sequence of [official register numbers required under section 28.222 . . .
. . . the State of Florida, and which are to be recorded in the “Official Records” as provided for under s. 28.222 . . . , at the time she or he affixed thereon the consecutive official register numbers required under s. 28.222 . . .
. . . First, the Clerk lacks standing because § 28.222, Florida Statutes, does not create a private right of . . . Section 28.222, Florida Statutes, merely outlines Plaintiffs duties and responsibilities for recording . . . Plaintiff maintains that MERS contravenes §§ 28.222(1) and (6), Florida Statutes. . . . There appears to be no dispute between the parties that § 28.222, Florida Statutes, provides no right . . . As § 28.222, Florida Statutes, provides no private remedy for its violation, Plaintiff may not bring . . .
. . . 695.11, Florida Statutes, provides that any instruments required to be recorded pursuant to section 28.222 . . .
. . . Statutory References § 28.222(3)(g), Fla. Stat. Clerk to be county recorder. § 382.008(6), Fla. . . .
. . . the State of Florida, and which are to be recorded in the "Official Records” as provided for under s. 28.222 . . . , at the time she or he affixed thereon the consecutive official register numbers required under s. 28.222 . . .
. . . Section 28.222(3)(a), Florida Statutes (2006) provides that leases are one kind of instrument that the . . .
. . . documents presented to the clerk of the circuit court for recording in the Official Records under section 28.222 . . .
. . . the State of Florida, and which are to be recorded in the 'Official Records' as provided for under S. 28.222 . . . , at the time she or he affixed thereon the consecutive official register numbers required under s. 28.222 . . .
. . . Section 28.222(3)(c), Florida Statutes (2000), authorizes a clerk of the circuit court to record a judgment . . .
. . . . § 28.222(2)). Thus, the Delivery Agreement would be outside of VLX’s chain of title. . . .
. . . The clerk conceded that he had a statutory duty under section 28.222, Florida Statutes, to properly record . . .
. . . the State of Florida, and which are to be recorded in the "Official Records” as provided for under s. 28.222 . . . recorded, at the time he affixed thereon the consecutive official register numbers required un der s. 28.222 . . .
. . . .’” §§ 28.222(1) and (2), Fla. Stat. (1995). . . . .” § 28.222(3)(h), Fla. Stat. (1995). . . . See § 28.222, Fla. Stat. (1995). . . .
. . . documents presented to the clerk of the circuit court for recording in the Official Records under section 28.222 . . .
. . . required or authorized to record in the series of books called “Official Records” as provided for in s. 28.222 . . .
. . . . § 28.222(3)(e), because the Notice of Federal Tax Lien (NFTL) was filed in Douglas County, Douglasville . . .
. . . Section 28.222, Florida Statutes (1991), requires the clerk of circuit court, as the county recorder, . . .
. . . . § 28.222(3)(a) (West 1988), tax payments are not recorded in the grantor/grantee index in Florida, . . .
. . . recorded, at the time he affixed thereon the consecutive official register numbers required under s. 28.222 . . .
. . . Appellants note that section 28.222, Florida Statutes, obliges the clerk of the court “to maintain a . . .
. . . . § 28.222(2), Fla. Stat. (1989). . . .
. . . Florida statute §§ 695.01 and 28.222 require parties, to make a mortgage valid and effective against . . .
. . . recorded the lien by not indexing it in the Official Records of Citrus County as required by sections 28.222 . . . not index its special assessment lien in the Official Records of the county as required by sections 28.222 . . .
. . . Section 28.222(1), provides that the clerk of the circuit court is also the county recorder, and section . . . 28.222(3)(a), (1989), directs the clerk to record deeds, leases, mortgages, liens, and “other instruments . . . Section 28.222(2), requires the clerk to keep a register with details of the filing of instruments, in . . .
. . . Florida Statutes Section 28.222(2) provides for the keeping of an official records book. . . . The appellant was entitled to rely upon compliance with the dictates of Florida Statutes section 28.222 . . .
. . . documents presented to the clerk of the circuit court in his capacity as county recorder under section 28.222 . . .
. . . Section 28.222(2)-(3); Fla.Stat.Ann. Section 695.01. . . .
. . . in the State of Florida and which are to be recorded in the official records as provided for under s.28.222 . . .
. . . . § 28.222(3)(c), Fla.Stat. (1985); see § 695.11, Fla.Stat. (1985); Sapp v. . . . See § 28.222(2), Fla. Stat. (1985). . . . appointed by the court for that purpose, executed a deed subsequent to the pertinent events in this case. . 28.222 . . . the State of Florida, and which are to be recorded in the "Official Records” as provided for under s. 28.222 . . . recorded, at the time he affixed thereon the consecutive official register numbers required under s. 28.222 . . .
. . . the state of Florida, and which are to be recorded in the “official records” as provided for under F.28.222 . . . recorded, at the time he affixed thereon the consecutive official register numbers required under F.28.222 . . .
. . . See §§ 28.222(2), 28.29, 55.10 and 695.01(1), Fla. Stat. . . .
. . . Florida Statutes § 28.222 provides that notices of federal tax liens may be filed with the Clerk of the . . . However, if we assume there is merit to the Appellant’s perception of a real conflict between Fla.Stat. § 28.222 . . .
. . . notices of lien with the clerk of the Dade County, Florida Circuit Court, believing Florida Statutes § 28.222 . . . which deals with the “specific” subject matter of aircraft liens, controls over Florida Statutes § 28.222 . . . Florida Statutes §§ 329.01 and 28.222 create no less than two different places where the IRS could have . . .
. . . See §§ 28.12, 28.211, 28.212, 28.222, Florida Statutes. . . .
. . . See §§ 88.341 and 28.222(3)(c); 28.29; 55.07; 55.-10; 55.101, Fla.Stat. (1981); yet the statutes consider . . .
. . . the State of Florida, and which are to be recorded in the “Official Records” as provided for under s. 28.222 . . . recorded, at the time he affixed thereon the consecutive official register numbers required under s. 28.222 . . . A final judgment is an instrument required to be recorded in the official records [see Sec. 28.222(3) . . .
. . . . § 28.222(3)(f), Florida Statutes; 23 Fla.Jur. Notice and Notices, § 4, n.16; 28 Fla.Jur. . . .
. . . . § 28.222(2) (West 1973). Deeds are indexed both by grantors and by grantees. . . .
. . . . § 28.222(2) (West 1973). Deeds are indexed both by grantors and by grantees. . . .
. . . . § 28.222, Fla.Stat. (1977). . . . .
. . . . § 28.222(3)(e) (West 1974). . . .
. . . the State of Florida, and which are to be recorded in the “Official Records” as provided for under § 28.222 . . . recorded, at the time he affixed thereon the consecutive official register numbers required under § 28.222 . . .