Florida Statute 28.222 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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 CourtListener

Amendments to 28.222

Annotations, Discussions, Cases:

Cases Citing Statute 28.222

Total Results: 63

Trustees of Tufts College v. Triple R. Ranch, Inc.

275 So. 2d 521

Supreme Court of Florida | Filed: Mar 21, 1973 | Docket: 1387421

Cited 36 times | Published

in the "Official Records" as provided for under § 28.222, and which are filed for recording on or after

United States v. Feinstein

717 F. Supp. 1552, 1989 U.S. Dist. LEXIS 9869, 1989 WL 95024

District Court, S.D. Florida | Filed: Aug 15, 1989 | Docket: 1152054

Cited 29 times | Published

has been recorded and indexed. Fla.Stat.Ann. Section 28.222(2)-(3); Fla.Stat.Ann. Section 695.01.[4] Florida

Burshan v. NATIONAL UNION FIRE INS. COMPANY OF PITTSBURGH, PA.

805 So. 2d 835, 2001 WL 883234

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 2449499

Cited 24 times | Published

recording of a judgment of a United States court. Section 28.222(3)(c), Florida Statutes (2000), authorizes

Amendments to Rules of Jud. Admin.-Reorg.

939 So. 2d 966, 2006 WL 2708465

Supreme Court of Florida | Filed: Sep 21, 2006 | Docket: 401442

Cited 14 times | Published

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

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

964 So. 2d 261, 2007 WL 2710771

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1261647

Cited 11 times | Published

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

Air Florida Systems, Inc. v. United States (In Re Air Florida Systems, Inc.)

50 B.R. 653, 12 Collier Bankr. Cas. 2d 1438, 1985 Bankr. LEXIS 5826

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 1, 1985 | Docket: 1074719

Cited 11 times | Published

Florida Circuit Court, believing Florida Statutes § 28.222 (relating to the filing of documents in the public

Holodak v. Lockwood

726 So. 2d 815, 1999 WL 44391

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 1307417

Cited 10 times | Published

conceded that he had a statutory duty under section 28.222, Florida Statutes, to properly record and index

Paterson v. Brafman

530 So. 2d 499, 1988 WL 91164

District Court of Appeal of Florida | Filed: Sep 6, 1988 | Docket: 1678179

Cited 9 times | Published

the final judgment of dissolution involved here. § 28.222(3)(c), Fla. Stat. (1985);[2] see § 695.11, Fla

Brinker v. Ludlow

379 So. 2d 999

District Court of Appeal of Florida | Filed: Feb 5, 1980 | Docket: 2335480

Cited 9 times | Published

peremptory writ of mandamus is reversed. NOTES [1] § 28.222, Fla. Stat. (1977). [2] In Boddie, the Court

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

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

Supreme Court of Florida | Filed: May 16, 2013 | Docket: 60232017

Cited 7 times | Published

determined by the operation of three statutes. Section 28.222(2), Florida Statutes (2004), requires the clerk

First American Title Ins. Co. v. Dixon

603 So. 2d 562, 1992 WL 161618

District Court of Appeal of Florida | Filed: Jul 15, 1992 | Docket: 1739002

Cited 7 times | Published

public records of St. Lucie County, Florida. See § 28.222(1) Fla. Stat. (1989). Indeed, the entire Florida

Bakalarz v. Luskin

560 So. 2d 283, 1990 WL 45266

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1739581

Cited 7 times | Published

2d 499 (Fla. 3d DCA 1988). Florida Statutes Section 28.222(2) provides for the keeping of an official

United States v. Air Florida, Inc.

56 B.R. 732, 1985 WL 8028, 1985 U.S. Dist. LEXIS 13221

District Court, S.D. Florida | Filed: Dec 3, 1985 | Docket: 1409984

Cited 7 times | Published

arguable sources of Florida law. Florida Statutes § 28.222 provides that notices of federal tax liens may

Phillips v. Epic Aviation, LLC

234 F. Supp. 3d 1174, 2017 WL 202541, 2017 U.S. Dist. LEXIS 6986

District Court, M.D. Florida | Filed: Jan 18, 2017 | Docket: 64312672

Cited 3 times | Published

or authorized by law to be recorded. Fla. Stat. § 28.222(1). The Clerk must record all instruments in one

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

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

District Court of Appeal of Florida | Filed: Jul 15, 2016 | Docket: 4111231

Cited 2 times | Published

determined by the operation of three statutes. Section 28.222(2), Florida Statutes (20Q4), requires the clerk

Phillips v. United States (In Re Phillips)

197 B.R. 363, 77 A.F.T.R.2d (RIA) 2147, 1996 U.S. Dist. LEXIS 6123, 1996 WL 343471

District Court, M.D. Florida | Filed: Apr 25, 1996 | Docket: 1731013

Cited 2 times | Published

according to 26 U.S.C. § 6323(f)(1) and Fla.Stat. § 28.222(3)(e), because the Notice of Federal Tax Lien

Anderson v. N. FLA. PRODUCTION CREDIT

642 So. 2d 88

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 1529429

Cited 2 times | Published

improperly indexed mortgage. Appellants note that section 28.222, Florida Statutes, obliges the clerk of the

VLX Properties, Inc. v. SO. STATES UTILITIES, INC.

792 So. 2d 504, 2001 Fla. App. LEXIS 7126, 2001 WL 537156

District Court of Appeal of Florida | Filed: May 21, 2001 | Docket: 1416474

Cited 1 times | Published

844, 848 (Fla. 2d DCA 1993) (citing Fla. Stat. § 28.222(2)). Thus, the Delivery Agreement would be outside

Clerk of Circuit Court and Comptroller, Hillsborough County v. Manhattan Palms Association One, LLC

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890044

Published

duty to index the public record pursuant to section 28.222, Florida Statutes (2008), is for the benefit

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

District Court of Appeal of Florida | Filed: Aug 4, 2021 | Docket: 60108426

Published

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

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

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019487

Published

operation of three statutes. Section 28.222(2), Florida Statutes (2004),

Fuller v. Mortgage Electronic Registration Systems, Inc.

888 F. Supp. 2d 1257, 2012 WL 3733869, 2012 U.S. Dist. LEXIS 123320

District Court, M.D. Florida | Filed: Jun 27, 2012 | Docket: 65984503

Published

from the public recording system required by Section 28.222, Florida Statutes, or approved the MERS private

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

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

District Court of Appeal of Florida | Filed: Jan 21, 2011 | Docket: 60298970

Published

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

In Re Amendments to the Florida Probate Rules

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

Supreme Court of Florida | Filed: Sep 2, 2010 | Docket: 2396382

Published

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