Florida Statute 28.222 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

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F.S. 28.222

28.222 Clerk to be county recorder.—

(1) The clerk of the circuit court shall be the recorder of all instruments that he or she may be required or authorized by law to record in the county where he or she is clerk.

(2) The clerk of the circuit court shall record all instruments in one general series called “Official Records.” He or she shall 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. The clerk shall maintain a general alphabetical index, direct and inverse, of all instruments filed for record. The register of Official Records must be available at each office where official records may be filed.

(3) The clerk of the circuit court shall record the following kinds of instruments presented to him or her for recording, upon payment of the service charges prescribed by law:

(a) Deeds, leases, bills of sale, agreements, mortgages, notices or claims of lien, notices of levy, tax warrants, tax executions, and other instruments relating to the ownership, transfer, or encumbrance of or claims against real or personal property or any interest in it; extensions, assignments, releases, cancellations, or satisfactions of mortgages and liens; and powers of attorney relating to any of the instruments.

(b) Notices of lis pendens, including notices of an action pending in a United States court having jurisdiction in this state.

(c) Judgments, including certified copies of judgments, entered by any court of this state or by a United States court having jurisdiction in this state and assignments, releases, and satisfactions of the judgments.

(d) That portion of a certificate of discharge, separation, or service which indicates the character of discharge, separation, or service of any citizen of this state with respect to the military, air, or naval forces of the United States. Each certificate shall be recorded without cost to the veteran, but the clerk shall receive from the board of county commissioners or other governing body of the county the service charge prescribed by law for the recording.

(e) Notices of liens for taxes payable to the United States and other liens in favor of the United States, and certificates discharging, partially discharging, or releasing the liens, in accordance with the laws of the United States.

(f) Certified copies of petitions, with schedules omitted, commencing proceedings under the ¹Bankruptcy Act of the United States, decrees of adjudication in the proceedings, and orders approving the bonds of trustees appointed in the proceedings.

(g) Certified copies of death certificates authorized for issuance by the Department of Health which exclude the information that is confidential under s. 382.008, and certified copies of death certificates issued by another state whether or not they exclude the information described as confidential in s. 382.008.

(h) Copies of any instruments originally created and executed using an electronic signature, as defined in s. 695.27, and certified to be a true and correct paper printout by a notary public in accordance with chapter 117, if the county recorder is not prepared to accept electronic documents for recording electronically.

(i) Any other instruments required or authorized by law to be recorded.

(4) The county recorder shall remove recorded court documents from the Official Records pursuant to a sealing or expunction order.

(5) Any reference in these statutes to the filing of instruments affecting title to real or personal property with the clerk of the circuit court shall mean recording of the instruments.

(6) The clerk of the circuit court may maintain a separate book for maps, plats, and drawings recorded pursuant to chapters 177, 253, and 337.

(7)(a) All instruments recorded in the Official Records ²must remain open to the public, under the supervision of the clerk, for the purpose of inspection thereof and of making copies therefrom.

(b) The clerk is not required to perform any service in connection with such inspection or making of copies without payment of service charges as provided in s. 28.24.

(c) The clerk, in his or her capacity as county recorder, must retain the service charge payments under s. 28.24, except that those service charge payments that relate to court records or functions and meet the description of court-related functions in s. 28.35(3)(a) must be distributed for those court-related functions.

History.—ss. 2, 4, ch. 71-4; s. 24, ch. 81-259; s. 2, ch. 84-114; s. 2, ch. 92-25; s. 1, ch. 93-42; s. 100, ch. 94-119; s. 11, ch. 94-348; s. 1324, ch. 95-147; s. 2, ch. 95-214; s. 83, ch. 97-237; s. 3, ch. 99-259; s. 2, ch. 2013-109; s. 18, ch. 2019-71; s. 1, ch. 2021-116; s. 1, ch. 2021-215.

¹Note.—Replaced by the 1978 Bankruptcy Code.

²Note.—As amended by s. 1, ch. 2021-116. The amendment by s. 1, ch. 2021-215, uses the word “are” instead of the words “must remain.”

F.S. 28.222 on Google Scholar

F.S. 28.222 on Casetext

Amendments to 28.222

Arrestable Offenses / Crimes under Fla. Stat. 28.222

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 28.222.

Annotations, Discussions, Cases:

Cases Citing Statute 28.222

Total Results: 20

2000 PRESIDENTIAL WAY LLC v. THE BANK OF NEW YORK MELLON, FIRST BANKS, INC., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-04T00:53:00-07:00

Snippet: authorized to be recorded in the official records. § 28.222(3)(a), Fla. Stat. (2012). “The index shall be limited

Federal National Mortgage Assoc. v. Jkm Services

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-03T00:53:00-07:00

Snippet: generally determined by the operation of sections 28.222, (regarding clerks of court, official records,

Fed. Nat'l Mortg. Ass'n v. JKM Servs., LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-03T00:00:00-07:00

Citation: 256 So. 3d 961

Snippet: generally determined by the operation of sections 28.222, (regarding clerks of court, official records,

Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-15T00:00:00-07:00

Citation: 201 So. 3d 670, 2016 Fla. App. LEXIS 10883

Snippet: determined by the operation of three statutes. Section 28.222(2), Florida Statutes (20Q4), requires the clerk…official register numbers required under section 28.222] shall determine the priority of recordation” so

Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-08T23:53:00-08:00

Snippet: operation of three statutes. Section 28.222(2), Florida Statutes (2004), requires…register numbers required under section 28.222] shall determine the priority of

U.S. Bank National Association etc. v. Nicholas F. Farhood a/k/a Nicholas F. Farhood

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-15T00:00:00-08:00

Citation: 153 So. 3d 955

Snippet: ). “First in time” is determined under sections 28.222(2), Florida Statutes (Clerks of Court must maintain

Nikooie v. JPMorgan Chase Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-10T00:00:00-08:00

Citation: 183 So. 3d 424, 2014 Fla. App. LEXIS 20020, 2014 WL 6911148

Snippet: payment of the clerk’s per page service charge. §§ 28.222, 28.24, Fla. Stat. (2005); Op. Atty. Gen., 075-

City of Palm Bay v. Wells Fargo Bank, N.A.

Court: Fla. | Date Filed: 2013-05-16T00:00:00-07:00

Citation: 114 So. 3d 924, 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000

Snippet: determined by the operation of three statutes. Section 28.222(2), Florida Statutes (2004), requires the clerk…official register numbers required under section 28.222] shall determine the priority of recordation” so

Mayfield v. First City Bank of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-02T00:00:00-07:00

Citation: 95 So. 3d 398, 2012 WL 3115140, 2012 Fla. App. LEXIS 12563

Snippet: the “Official Records” as provided for under s. 28.222, and which are filed for recording on or after …consecutive official register numbers required under s. 28.222, and at such time shall be notice to all persons

City of Palm Bay v. Wells Fargo Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-21T00:00:00-08:00

Citation: 57 So. 3d 226, 2011 Fla. App. LEXIS 241, 2011 WL 180363

Snippet: instruments required to be recorded pursuant to section 28.222, Florida Statutes, will be deemed recorded once

In Re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2010-09-02T00:00:00-07:00

Citation: 50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Snippet: Committee notes revised. *582 Statutory References § 28.222(3)(g), Fla. Stat. Clerk to be county recorder.

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Court: Fla. Att'y Gen. | Date Filed: 2010-01-03T23:53:00-08:00

Snippet: clerks. 3 Section 28.222(1), Fla. Stat. 4 Section 28.222(3)(h), Fla. Stat. 5 Section 28.222(3)(a), Fla. Stat….2 You request direction on this matter. Section 28.222, Florida Statutes, provides that the clerk of court…law to be recorded."4 As mandated by section 28.222(2), Florida Statutes: "The clerk of the circuit…deed is otherwise entitled to be recorded under s. 28.222, Fla. Stat.). And see Op. Att'y Gen. Fla. 67

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Court: Fla. Att'y Gen. | Date Filed: 2008-01-30T23:53:00-08:00

Snippet: circuit court for each instrument listed in s. 28.222, except judgments received from the courts and

Winn-Dixie Stores, Inc. v. Dolgencorp, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-19T00:00:00-07:00

Citation: 964 So. 2d 261

Snippet: statutes pertain to instruments as notice. Section 28.222(3)(a), Florida Statutes (2006) provides that leases

Amendments to Rules of Jud. Admin.-Reorg.

Court: Fla. | Date Filed: 2006-09-21T00:53:00-07:00

Citation: 939 So. 2d 966

Snippet: recording in the Official Records under section 28.222, Florida Statutes (1987). It is also not intended

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Court: Fla. Att'y Gen. | Date Filed: 2005-08-23T00:53:00-07:00

Snippet: the _Official Records_ as provided for under s. 28.222, and which are filed for recording on or after …consecutive official register numbers required under s. 28.222, and at such time shall be notice to all persons

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Court: Fla. Att'y Gen. | Date Filed: 2005-07-12T00:53:00-07:00

Snippet: placed in the Official Records identified in section 28.222, Florida Statutes, and the protected party has

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Court: Fla. Att'y Gen. | Date Filed: 2005-06-24T00:53:00-07:00

Snippet: will be answered together. Pursuant to section 28.222(1), Florida Statutes, the clerk of the circuit …recording of federal records. Pursuant to section 28.222(3), Florida Statutes, "The clerk of the circuit… in a different manner. As noted above, section 28.222, Florida Statutes, recognizes the authority of …Charlie Crist Attorney General CC/tjw 1 And see s. 28.222(6), Fla. Stat., providing that instruments recorded…called `Official Records' as provided for in s. 28.222." See also s. 28.2221, Fla. Stat., providing

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Court: Fla. Att'y Gen. | Date Filed: 2005-03-28T23:53:00-08:00

Snippet: duty required by law). 2 Section 28.222(1), Fla. Stat. 3 Section 28.222(3)(h), Fla. Stat. 4 See Ops. Att…mandamus order compelling the clerk to act.1 Section 28.222, Florida Statutes, provides that the clerk of court…must record documents not identified in section 28.222, Florida Statutes, such as living wills, child …deed is otherwise entitled to be recorded under s. 28.222, Fla. Stat.). And see Op. Att'y Gen. Fla. 67

Suntrust Bank v. Riverside Nat. Bank

Court: Fla. Dist. Ct. App. | Date Filed: 2001-08-29T00:53:00-07:00

Citation: 792 So. 2d 1222

Snippet: Official Records' as provided for under s. 28.222, and which are filed for recording on or after …consecutive official register numbers required under s. 28.222, and at such time shall be notice to all persons