The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Critically, the waiver is not statutorily compliant. It does not purport to be a disclaimer, it was not acknowledged before "a judge, clerk, or deputy clerk of any court; a United States commissioner or magistrate; or any notary public or civil-law notary of this state," and it was not recorded. § 695.03(1), Fla. Stat.; see § 739.104(3), Fla. Stat.; § 695.26(1), Fla. Stat. (2022). The disclaimer statute makes no provision for partial compliance.The Lennens' claim fails because, even if the trust documents were legally deficient, the county had no discretion to reject them for recording. Section 28.222 states that, "[u]pon payment of the service charges prescribed by law," the clerk "shall record . . . [d]eeds . . . agreements . . . and other instruments relating to the ownership, transfer or encumbrance of or claims against real or personal property or any interest in it." Fla. Stat. § 28.222(3)(a) (emphasis added). "Shall" means "must," not "may" or "can." See Phillips v. Pritchett Trucking, Inc., __ So.3d __, 2021 WL 4582131, at *1 (Fla. Dist. Ct. App. Oct. 6, 2021) ("Although there is no fixed construction of the word 'shall,' it is normally meant to be mandatory in nature." (quoting S.R. v. State, 346 So.2d 1018, 1019 (Fla. 1977))). For this reason, Florida courts have explained that "[a] clerk acts in a purely ministerial capacity, and has no discretion to pass upon the sufficiency of the documents presented for filing." Ferlita v. State, 380 So.2d 1118, 1119 (Fla. Dist. Ct. App. 1980); see, e.g., City of Miami v. Piper, 306 So.3d 156, 158 (Fla. Dist. Ct. App. 2020) ("The use of the word 'shall' only reinforces… Although the effective date of the provision was January 1, 2020, it is retroactive due to the inclusion of the phrase "as currently or previously in effect[.]" Id . Furthermore, Section 695.26(4), enacted before Appellee purchased the property, states that "[t]he failure of the clerk of the circuit court to comply with this section does not impair the validity of the recordation or of the constructive notice imparted by recordation." § 695.26(4), Fla. Stat. (1990).1996 Amendment. Subdivision (c) was amended to make the blank space requirements for use by the clerk of the court consistent with section 695.26, Florida Statutes (1995). Subdivision (e) was eliminated because the transition period for letter-size and recycled paper was no longer necessary.As a result of these comments, we suspended until January 1, 1999, the application of rule 2.055(c) to the extent it applies to papers other than those specifically described in section 695.26. See Amendment to Fla. Rule of Judicial Admin. 2.055(c), 697 So.2d 144 (Fla. 1997). We also directed that any further suggested modifications of that rule be submitted by January 1, 1998.This matter concerns the recent amendment to Florida Rule of Judicial Administration 2.055(c), in which we provided that all papers to be filed with the clerk of the court and subsequently recorded in the public records of any county must contain a three-inch by three-inch space at the top right-hand corner. This amendment was adopted to ensure compliance with section 695.26, Florida Statutes (1995). However, the rule, as proposed by the Florida Bar Judicial Administration Rules Committee and as adopted by this Court, is broader than what is required by the statute. The Florida Association of Court Clerks and members of the legal profession have requested that we suspend the application of this rule to documents or papers other than those specifically described in section 695.26, until January 1, 1999. In support of that request, it is asserted that compliance with the rule is difficult at this time due to, among other concerns, the large volume of pre-prepared forms that were purchased by members of the legal profession prior to the rule amendment.(4) RULE 2.055 — would change the blank spaces on pages for clerk's stamps to make the rule consistent with section 695.26, Florida Statutes (1995) (enlarges space from 1 1/2" x 1 1/2" to 3" x 3").. . . amended to make the blank space requirements for use by the clerk of the court consistent with section 695.26 . . .
. . . proposed by the Judicial Administration Rules Committee was adopted to ensure compliance with section 695.26 . . . rule 2.055(c) to the extent it applies to papers other than those specifically described in section 695.26 . . .
. . . testified in support of, and the trial court awarded: $17,516 in cash payments stolen from the business; $695.26 . . .
. . . This amendment was adopted to ensure compliance with section 695.26, Florida Statutes (1995). . . . application of this rule to documents or papers other than those specifically described in section 695.26 . . . rule 2.055 to the extent that it applies to papers other than those specifically described in section 695.26 . . .
. . . would change the blank spaces on pages for clerk’s stamps to make the rule consistent with section 695.26 . . . amended to make the blank space requirements for use by the clerk of the court consistent with section 695.26 . . .