Florida Statutes
Fla. Stat. § 28.222 (2025)
Clerk to be county recorder.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
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.”
Notes of Decisions
Cited in 39
cases (4 in the last 5 years), 1973–2025 · leading case: Fuller v. Mortg. Elec. Reg. Sys., Inc., 888 F. Supp. 2d 1257 (M.D. Fla. 2012).
Fuller v. Mortg. Elec. Reg. Sys., Inc., 888 F. Supp. 2d 1257 (M.D. Fla. 2012). “It is Plaintiffs contention that the “Florida Legislature has never retreated from the public recording system required by Section 28.222, Florida Statutes, or approved the MERS private recording system, nor has any legislation ever passed to authorize MERS to usurp this public…”
Phillips v. Epic Aviation, LLC, 234 F. Supp. 3d 1174 (M.D. Fla. 2017). “Fla. Stat. § 28.222 (1). The Clerk must record all instruments in one general series called “Official Records.”
City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013). “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…”
Bank of Am., N.A. v. Kipps Colony II Condo. Ass'n, Inc., 201 So. 3d 670 (Fla. 2d DCA 2016). “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…”
Burshan v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., 805 So. 2d 835 (Fla. 4th DCA 2001). “Section 28.222(3)(c), Florida Statutes (2000), authorizes a clerk of the circuit court to record a judgment entered "by a United States court having *840 jurisdiction in this state.”
First Am. Title Ins. Co. v. Dixon, 603 So. 2d 562 (Fla. 4th DCA 1992). “See § 28.222(1) Fla. Stat. (1989). Indeed, the entire Florida legal scheme regarding interests in land is predicated on the recording of documents relating to claims of interests in land.”
Amendments to Rules of Jud. Admin.-Reorg., 939 So. 2d 966 (Fla. 2006). “This rule is not intended to apply to those instruments and documents presented to the clerk of the circuit court for recording in the Official Records under section 28.222, Florida Statutes (1987). It is also not intended to apply to matters submitted to the clerk of the…”
Paterson v. Brafman, 530 So. 2d 499 (Fla. 3d DCA 1988). “See § 28.222(2), Fla. Stat. (1985). [5] Finally, we find no merit at all in the appellee's claim that the principles of constructive notice provided by the recording statute do not apply because the property was designated by the street address rather than the legal description.”
Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007). “Section 28.222(3)(a), Florida Statutes (2006) provides that leases are one kind of instrument that the clerk of the circuit court is required to record.”
United States v. Air Florida, Inc., 56 B.R. 732 (S.D. Fla. 1985). “It provides that filing should be made “in the Office of the Clerk of the United States District Court for the judicial district in which the property subject to the lien is situated, whenever the State has not by law designated one office which meets the requirements of…”
Air Florida Sys., Inc. v. United States (In Re Air Florida Sys., Inc.), 50 B.R. 653 (Bankr. S.D. Florida 1985). “The IRS recorded its notices of lien with the clerk of the Dade County, Florida Circuit Court, believing Florida Statutes § 28.222 (relating to the filing of documents in the public records— generally) controlled.”
Trs. of Tufts Coll. v. Triple R. Ranch, Inc., 275 So. 2d 521 (Fla. 1973). “ All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court of any county in the State of Florida, and which are to be recorded in the "Official Records" as provided for under § 28.222, and which are filed for recording on or…”
— 28.222(1) — 3 cases
First Am. Title Ins. Co. v. Dixon, 603 So. 2d 562 (Fla. 4th DCA 1992). “See § 28.222(1) Fla. Stat. (1989). Indeed, the entire Florida legal scheme regarding interests in land is predicated on the recording of documents relating to claims of interests in land.”
Fuller v. Mortg. Elec. Reg. Sys., Inc., 888 F. Supp. 2d 1257 (M.D. Fla. 2012). “It is Plaintiffs contention that the “Florida Legislature has never retreated from the public recording system required by Section 28.222, Florida Statutes, or approved the MERS private recording system, nor has any legislation ever passed to authorize MERS to usurp this public…”
WPC, Inc. v. Hartford Accident & Indem. Co., 698 So. 2d 1324 (Fla. 1st DCA 1997).
— 28.222(2) — 10 cases
City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013). “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…”
Bank of Am., N.A. v. Kipps Colony II Condo. Ass'n, Inc., 201 So. 3d 670 (Fla. 2d DCA 2016). “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…”
Paterson v. Brafman, 530 So. 2d 499 (Fla. 3d DCA 1988). “See § 28.222(2), Fla. Stat. (1985). [5] Finally, we find no merit at all in the appellee's claim that the principles of constructive notice provided by the recording statute do not apply because the property was designated by the street address rather than the legal description.”
United States v. Feinstein, 717 F. Supp. 1552 (S.D. Fla. 1989).
Lafitte v. Gigliotti Pipeline, Inc., 624 So. 2d 844 (Fla. 2d DCA 1993).
— 28.222(3) — 1 case
Fuller v. Mortg. Elec. Reg. Sys., Inc., 888 F. Supp. 2d 1257 (M.D. Fla. 2012). “It is Plaintiffs contention that the “Florida Legislature has never retreated from the public recording system required by Section 28.222, Florida Statutes, or approved the MERS private recording system, nor has any legislation ever passed to authorize MERS to usurp this public…”
— 28.222(3)(a) — 4 cases
Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007). “Section 28.222(3)(a), Florida Statutes (2006) provides that leases are one kind of instrument that the clerk of the circuit court is required to record.”
First Am. Title Ins. Co. v. Dixon, 603 So. 2d 562 (Fla. 4th DCA 1992). “See § 28.222(1) Fla. Stat. (1989). Indeed, the entire Florida legal scheme regarding interests in land is predicated on the recording of documents relating to claims of interests in land.”
Smith v. Fed. Deposit Ins., 61 F.3d 1552 (11th Cir. 1995).
2000 Presidential Way LLC v. The Bank of New York Mellon, First Banks, Inc., & Mortg. Elec. Reg. Sys. (Fla. 4th DCA 2021).
— 28.222(3)(c) — 2 cases
Burshan v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., 805 So. 2d 835 (Fla. 4th DCA 2001). “Section 28.222(3)(c), Florida Statutes (2000), authorizes a clerk of the circuit court to record a judgment entered "by a United States court having *840 jurisdiction in this state.”
Paterson v. Brafman, 530 So. 2d 499 (Fla. 3d DCA 1988). “See § 28.222(2), Fla. Stat. (1985). [5] Finally, we find no merit at all in the appellee's claim that the principles of constructive notice provided by the recording statute do not apply because the property was designated by the street address rather than the legal description.”
— 28.222(3)(e) — 1 case
Phillips v. United States (In Re Phillips), 197 B.R. 363 (M.D. Fla. 1996).
— 28.222(3)(f) — 1 case
In re 2609 Corp., 13 B.R. 1006 (S.D. Fla. 1981).
— 28.222(3)(g) — 1 case
In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010).
— 28.222(3)(h) — 1 case
WPC, Inc. v. Hartford Accident & Indem. Co., 698 So. 2d 1324 (Fla. 1st DCA 1997).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.