Florida/Georgia Personal Injury & Workers Compensation

...(Emphasis supplied.) [2] 695.11 Instruments deemed to be recorded from time of filing. — 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 after the effective date of this act, shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time he affixed thereon the consecutive official register numbers required under § 28.222, and at such time shall be notice to all persons....

...e state maintains an adequate system for the public indexing of federal tax liens. [3] Florida law governs the instant dispute and provides that a deed is not valid against a bona fide purchaser unless it has been recorded and indexed. Fla.Stat.Ann. Section 28.222(2)-(3); Fla.Stat.Ann....

...§ 1962 provides that when state law requires a state judgment to be recorded in "a particular manner" before a judgment lien attaches, such a recording requirement applies to federal judgments only if a state law "authorizes" the recording of a judgment of a United States court. 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." See TRAWICK, FLORIDA PRACTICE AND PROCEDURE § 25-11 (2000)....

...are not in compliance with the rule are resubmitted on paper measuring 8 1/2 by 11 inches. 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)....

...Moving away from implied actual notice, the more difficult issue is whether Winn-Dixie's recording of the short form lease gave Dolgencorp constructive notice of the grocery exclusive sufficient to enforce the covenant against it. Three statutes pertain to instruments as notice. 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....

...The Internal Revenue Code directs that federal tax liens be recorded in accordance with the filing requirements of state laws. 26 U.S.C. § 6323(f). 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....

...IDA's aircraft "unperfected." See In re Cone, supra . Further, well-established rules of statutory construction dictate that Florida Statutes § 329.01, which deals with the "specific" subject matter of aircraft liens, controls over Florida Statutes § 28.222, which merely deals with recording tax liens "generally". Adams v. Culver, 111 So.2d 665 (Fla.1959); 49 Fla.Jur.2d Statutes § 182. Florida Statutes §§ 329.01 and 28.222 create no less than two different places where the IRS could have filed its liens....

...However, the IRS conceded that if such an aircraft filing requirement, i.e., Section 329.01, does exist, then it creates a "multi" office filing procedure violative of the "one" office rules of 26 U.S.C. § 6323(f)(1)(B). Hence, if both Florida Statutes §§ 329.01 and 28.222 identify appropriate places for the filing of the IRS's liens under Florida law, then the United States District Court for the Southern District of Florida would be the only proper place for the IRS to have filed its notices of lien because of the application of 26 U.S.C....

...The plaintiff sued the title company for damages for the negligent preparation of the title abstract and prevailed. The title company then brought an indemnification action against the clerk of the court, asserting negligence in indexing the claim. The clerk conceded that he had a statutory duty under section 28.222, Florida Statutes, to properly record and index documents in the public records....

...Our reversal is founded upon the basic, irrefutable principle that those who subsequently deal with real property are placed on constructive notice of the relevant contents of a properly recorded instrument, such as the final judgment of dissolution involved here. § 28.222(3)(c), Fla....

...rtainly, and the one in Fisher was very likely, recorded in a separate judgment ( Fisher ) or Chancery order book ( Bauer ) which were then statutorily authorized, rather than the single official record book which now exists for all instruments. See § 28.222(2), Fla....

...irections to dismiss the complaint for foreclosure. REVERSED. NOTES [1] Indeed the formal transfer did not take place until a commissioner, appointed by the court for that purpose, executed a deed subsequent to the pertinent events in this case. [2] 28.222 Clerk to be County Recorder....

...[3] 695.11 Instruments deemed to be recorded from time of filing. — 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 s. 28.222, and which are filed for recording on or after the effective date of this act, shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time he affixed thereon the consecutive official register numbers required under s. 28.222, and at such time shall be notice to all persons......

...The foregoing construction of the questioned statute makes it apparent that the appellee was not entitled to procure the recording of the cost judgment without prepayment of the prescribed fee. The judgment awarding the peremptory writ of mandamus is reversed. NOTES [1] § 28.222, Fla....

...except: [[Image here]] (c) Any subject expressly preempted to state or county government by the constitution or by general law.... 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...

...However, if an express or implied intent to benefit a definable class of individuals becomes apparent, then a duty of care may be found. STATUTORY DUTY By statute, the clerk is required to record, index, and maintain documents relating to real property in the public records of St. Lucie County, Florida. See § 28.222(1) Fla....

...Section 695.01, Florida Statutes (1989), provides that "[n]o conveyance, transfer, or mortgage of real property, or any interest therein ... shall be good and effectual in law or equity against creditors or subsequent purchasers ... unless the same be recorded according to law." 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 relating to ... ownership ... [of] real or personal property or any interest in it." Section 28.222(2), requires the clerk to keep a register with details of the filing of instruments, in order to ensure the proper maintenance of the public records....

...gible, in one office within the State (or the County, or other governmental subdivision), as designated by the laws of such State, in which the property subject to the lien is situated. There are two arguable sources of Florida law. Florida Statutes § 28.222 provides that notices of federal tax liens may be filed with the Clerk of the Circuit Court....

...fice of the Administrator in Oklahoma City, Oklahoma. See, Philko Aviation, Inc. v. Shacket, 462 U.S. 406, 103 S.Ct. 2476, 76 L.Ed.2d 678 (1983). However, if we assume there is merit to the Appellant's perception of a real conflict between Fla.Stat. § 28.222 and Fla.Stat....

...." Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded from the time of filing. Once recorded there is constructive notice of its contents. E.g. Paterson v. Brafman, 530 So.2d 499 (Fla. 3d DCA 1988). Florida Statutes Section 28.222(2) provides for the keeping of an official records book....

...It does not specify whether the lien rights *287 created are self executing or whether its terms apply to a lien covering Marie's attorney's fees. However, we need not address those issues. The appellant was entitled to rely upon compliance with the dictates of Florida Statutes section 28.222, that recorded judgments be indexed by name....

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

...ame is "recorded according to law," appellants contend on appeal that proper indexing is an indispensable element of recordation, and, accordingly, their mortgage should have priority over appellee's improperly indexed mortgage. Appellants note that section 28.222, Florida Statutes, obliges the clerk of the court "to maintain a general alphabetical index, direct and inverse, of all instruments filed for record." However, an instrument is deemed to be "officially recorded" when the instrument is...

...im that the foreclosure judgment is void. A. Priority of interests 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 t...

...ing, 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 nu...

...Rule 8013, Fed.R.Bankr.P.; In re Goerg, 930 F.2d 1563, 1566 (11th Cir.1991). The issues presented on appeal challenge the legal conclusions of the Bankruptcy Court; therefore, the Court reviews them de novo. The debtor first asserts that, according to 26 U.S.C. § 6323(f)(1) and Fla.Stat. § 28.222(3)(e), because the Notice of Federal Tax Lien (NFTL) was filed in Douglas County, Douglasville, Georgia, and was not refiled in Florida, it is ineffective as against any of the debtor's Florida property since he now resides in Florida....

...Agreement. "Official Records" which afford notice are statutorily mandated to be indexed alphabetically by the names of the parties to the documents. See Lafitte v. Gigliotti Pipeline, Inc., 624 So.2d 844, 848 (Fla. 2d DCA 1993) ( citing Fla. Stat. § 28.222(2))....

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

apply to the Official Records identified in section 28.222, Florida Statutes? In sum: The Official Records

...FILING EVIDENCE OF DEATH (a) — (c) [No Change] Committee Notes A short form certificate of death, which does not disclose the cause of death, should be filed. Rule History 1980 Revision — 2003 Revision [No Change] 2010 Revision: Committee notes revised. *582 Statutory References § 28.222(3)(g), Fla....

...t 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” and “shall record all instruments in one general series of books called ‘Official Records.’” §§ 28.222(1) and (2), Fla....

...(1995). The statutory provision governing the duties of the clerks of court also states that among the kinds of instruments to be *1326 recorded by the clerk of the court are “[a]ny ... instruments required or authorized by law to be recorded.” § 28.222(3)(h), Fla....

...contract be recorded “in the public records of the county where the improvement is located” means that the bond be recorded in the “official records” of the county where the improvement is located as maintained by the clerk of the court. See § 28.222, Fla....

...ature and authenticated by the county seal; and perform such other duties as the board may direct. See, ss. 125.17 , 28.12 , F.S. Chapter 28 , F.S., sets forth with particularity the powers and duties of the clerks of the circuit courts. Pursuant to s. 28.222 (1), F.S....

...g proceedings under the Bankruptcy Act of the United States, decrees of adjudication in the proceedings, and orders approving bonds of trustees appointed in the proceedings; and any other instrument required or authorized by law to be recorded. See, s. 28.222 (3), F.S....

...28.223 , providing for the recordation of certain probate instruments; ss. 28.29 ; 28.101 . Upon payment of the service charge prescribed by law, the clerk shall record all such instruments in one general series of books called "Official Records." Section 28.222 , F.S....

...Section 28.19(2) provides that the clerk of the circuit court is not required to perform any service in connection with the inspection or making extracts of instruments of writing recorded in the public records "without payment of service charges as provided in s. 28.24 ." And see, s. 28.222 (3), supra, setting forth the types of instruments to be recorded upon payment of the service charges prescribed by law....

for recording in the Official Records under section 28.-222, Florida Statutes (1987). It is also not intended

...The opinion further stated that such charges were not applicable to unrecorded records held by the clerk in his capacity as ex officio clerk of the board of county commissioners . Chapter 28 , F.S., sets forth the powers and duties of the clerk of the circuit court with particularity. Pursuant to s. 28.222 , F.S., the clerk is the county recorder of all instruments which are required or authorized by law to be recorded in the county in which the clerk serves....

...That section establishes a fee of $1.00 10 per page "[f]or making copies by photographic process of any instrument in the public records consisting of pages of not more than 14 inches by 8 1/2 inches . . . ." (e.s.) This office in AGO 85-80 concluded, reading ss. 28.222 and 28.24 (8)(a), F.S., for records or documents in the public records refers to records recorded in the Official Records....

...An exception, however, exists for copies of county maps or aerial photographs supplied by county constitutional officers which may include a reasonable charge for the labor and overhead associated with their duplication. 6 See , AGO 86-69 stating that the special service charge may not be routinely imposed. 7 Section 28.222 (3)(c), F.S....

...See also , s. 28.223 , F.S., requiring the recordation of probate records. Cf ., AGO 74-320 discussing the recordkeeping requirements of the county court clerk with respect to civil and criminal proceedings and the service charges to be imposed. 8 Section 28.222 (2) and (3), F.S....

Concerning Attorney General Opinions. 2 Section 28.222(1), F.S. 3 Section 28.222(3), F.S. 4 See, AGO 91-18 (if

...This section specifically requires certain probate matters — including wills, codicils, letters of administration, and final orders — to be recorded by the clerk of the court in Official Records and to "index them in the same manner as prescribed in s. 28.222 ." Section 28.222 prescribes the duties of the clerk as county recorder in recording and indexing all instruments, such as deeds and mortgages, in the county's Official Records....

...not subject to review. Legislative acts are, of course, presumptively valid and, absent some sustainable constitutional infirmity, will be sustained by the courts. The clerk, in his capacity as county recorder, is the keeper of the Official Records. Section 28.222 , F.S....

...72-461, Laws of Florida, the county comptroller shall "keep the records and perform all of the duties now or hereafter prescribed by law relating to instruments required or authorized by law to be recorded in the public records, including without limitation section 28.222 , Florida Statutes (section 2, chapter 71-4)." Thus, the county comptroller is keeper of the Official Records in Orange County; and, as noted above, s. 28.223 (2) requires the clerk to "record all instruments under this section in the Official Records and index them in the same manner as prescribed in s. 28.222 ." As it is the county comptroller's duty to keep the Official Records, I am of the opinion that it is his duty to record probate instruments required or authorized to be recorded pursuant to s....

series of books called `Official Records.'" 6 Section 28.222(1), Fla. Stat. 7 See, Ops. Att'y Gen. Fla.

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

court in his capacity as county recorder under section 28.222, Florida Statutes (1987); nor does the rule

by the names of the parties to the documents. § 28.222(2), Fla. Stat. (1989). Therefore, if Gigliotti

county where he serves as clerk. Section 28.222(1), F. S. Section 28.222(3) sets forth the kinds of instruments

be required or authorized by law to record. Section 28.222(1), F.S. All such instruments are required

Highway Safety and Motor Vehicles? SUMMARY: Section 28.222(3)(e), F. S., authorizes and requires the filing

...te and public records are now retrieved. Technology has clearly jumped ahead of the traditional methods of public record-keeping. Equity Title understandably wishes to rely on more efficient technology, but legal title is still governed by statutes. Section 28.222, Florida Statutes (1991), requires the clerk of circuit court, as the county recorder, to maintain a "general alphabetical index, direct and inverse, of all instruments filed for record," including deeds, mortgages, and tax certificates....

...r and is charged with the responsibility to "keep the records and perform all of the duties now or hereafter prescribed by law relating to instruments required or authorized by law to be recorded in the public records, including, without limitation, s. 28.222 , Florida Statutes." 3 In addition certain specific duties are imposed on the County Comptroller including recording: (s) All pleadings, documents, orders or decrees in probate matters required to be recorded in the official records of the county....

...records of the county. (u) All other instruments authorized or required to be recorded in the official records. 4 Thus, in Escambia County, it is the comptroller who is responsible for recording court documents in the official records of the county. Section 28.222 , F.S....

...145.051 , F.S., which provides a salary formula to be used in determining the salary of the clerk of circuit court and the county comptroller. 3 See, s. 2, Ch. 73-455, Laws of Florida, amending s. 1.2, Ch. 72-460, Laws of Florida. 4 See, s. 3, Ch. 73-455, Laws of Florida. 5 Section 28.222 (3), F.S. (1992 Supp.). 6 See, s. 28.222 (3)(c), F.S....

mandamus order compelling the clerk to act.1 Section 28.222, Florida Statutes, provides that the clerk

...gistrant's immediate family or guardian. 1 You state that the clerk of county and circuit courts has been presented with official copies of death certificates which contain confidential information to be recorded in the official records. Pursuant to s. 28.222 (1), F.S., "[t]he clerk of the circuit court shall be the recorder of all instruments that he may be required or authorized by law to record in the county where he is clerk." Section 28.222 (3), F.S., provides as follows: The clerk of the circuit court shall record the following kinds of instruments presented to him for recording, upon payment of the service charges prescribed by law: (a) Deeds, leases, bills of sale, agr...

...This office also has stated, however, that the clerk of court may not accept for recording in the official records any document which the law does not authorize or require him or her to record. In AGO 90-69, this office was asked to address whether the clerk of court must record documents not identified in s. 28.222 , F.S., such as living wills, child custody agreements between parties without court approval, foreign state birth certificates, foreign country birth certificates and documents in a foreign language without an English translation....

...orized by law to record in the county where he is clerk." Based upon these considerations, this office concluded that the clerk is not authorized to record any document or instrument which is not specifically required or authorized to be recorded by s. 28.222 , F.S., or by law....

...And see , Pan American World Airways v. Gregory, 96 So.2d 669 (3 D.C.A. Fla., 1957). 4 See , AGO 75-309 (clerk is required to record any deed properly executed upon proper payment of the clerk's service charge if such deed is otherwise entitled to recordation under s. 28.222 , F.S.)....

to record in the county where he is clerk." Section 28.222(3), F.S., provides that the clerk of the circuit

in the county where he is clerk. Section 28.222(1), F.S. Section 28.222(2), F.S., provides in pertinent

...and could be viewed by the public free of charge,” whereas currently “MERS records mortgage assignments in its own private recording system to which only it and its paying members have access.” Id. at 6. Plaintiff alleges that MERS violates §§ 28.222(1) and (6), Florida Statutes which provide: (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....

...ired to perform any service in connection with such inspection or making of extracts without payment of service charges .... 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 function.” Id....

...DISCUSSION Defendant MERS’ position is that this action should be dismissed with prejudice as it is entirely baseless and premised on frivolous legal theories. MERS’ arguments for dismissal can be placed in two categories: standing and insufficient allegations. First, the Clerk lacks standing because § 28.222, Florida Statutes, does not create a private right of action and because the Clerk has suffered no injury within the meaning of the case or controversy requirement of Article III of the United States Constitution....

...Second, the Clerk is unable to plead facts meeting the requisite elements of each cause of action. This Court will address these arguments in turn. A. Standing Defendant MERS’ position is that Plaintiff lacks standing to bring this claim pursuant to § 28.222, Florida Statutes, since that statute does not create a cause of action. Section 28.222, Florida Statutes, merely outlines Plaintiffs duties and responsibilities for recording documents, and this statute was intended to protect bona fide purchasers or creditors — not Plaintiff....

...In the event that a plaintiff no longer meets all of these requirements, “the case no longer presents a live case or controversy, and the federal court must dismiss the case for lack of subject matter jurisdiction.” Florida Wildlife Fed’n, Inc., 647 F.3d at 1302. Plaintiff maintains that MERS contravenes §§ 28.222(1) and (6), Florida Statutes....

...true mortgage interest in the property. With these allegations, Plaintiff has satisfied Article Ill’s standing requirements. But another obstacle stands in Plaintiffs path. B. Statutory Right This Court turns now to the pivotal question of whether § 28.222, Florida Statutes, provides Plaintiff with a right of action....

...or legislative intent or resort to rules of statutory construction to ascertain intent.’ ” Borden, 921 So.2d at 595 (quoting Daniels v. Fla. Dep’t of Health, 898 So.2d 61, 64 (Fla.2005)). There appears to be no dispute between the parties that § 28.222, Florida Statutes, provides no right of action. 3 This lack of a right of action leads MERS to argue that Plaintiff lacks standing because § 28.222, Florida Statutes, provides no legally protected interest in the recording fees for security instruments, including mortgage assignments, that are never recorded....

...Plaintiff rejects this characterization of Defendant’s argument. Instead, Plaintiff responds that the relief he seeks — Writ of Quo Warranto, civil conspiracy, unjust enrichment, and fraudulent and negligent misrepresentation — are common law claims that are independent of a statutory violation. Section 28.222, Florida Statutes, is simply the “statutory source of the Clerk’s authority over the public records of Duval County; it provides the ‘basis’ of the Clerk’s claims only in the sense that it sets forth the duties and privileges of the Clerk’s Office.” (Dkt. 24, pg. 3). Plaintiff maintains, essentially, that “the fact that Section 28.222 [Florida Statutes] may not explicitly create a cause of action is irrelevant.” (Dkt....

...olations of the pertinent provisions of FUITPA by asserting common law claims based on such violations.”). Accordingly, common law claims may not be premised on a violation of a statute where that statute is devoid of a private right of action. As § 28.222, Florida Statutes, provides no private remedy for its violation, Plaintiff may not bring common law claims premised upon the statute. Plaintiff may not use § 28.222, Florida Statutes, to provide a framework for the common law claims set forth in the Complaint. Plaintiff may only seek relief with the Florida Legislature. Absent a change in § 28.222, Florida Statutes, that provides a statutory mechanism for Plaintiff to recover unfiled assignment fees, Plaintiff cannot prevail on this claim as a matter of law....

...Gregory, 96 So.2d 669, 671 (Fla. 3d DCA 1957) (describing the clerk’s duties, when acting as an officer of the court, as “ministerial and as such he does not exercise any discretion”). The Florida Office of the Attorney General stated this succinctly: Pursuant to s. 28.222(1), F.S., the clerk “shall be the recorder of all instruments that he may be required or authorized by law to record in the county where he is clerk.” Section 28.222(3), F.S., provides that the clerk of the circuit court shall record certain enumerated documents upon payment of the service charge....

...motion and is not intended to suggest those "facts” are necessarily the actual facts. Kelly v. Curtis, 21 F.3d 1544, 1546 (11th Cir.1994) (citation omitted). . Even if a dispute existed, this Court would find no right of action can be discerned in § 28.222, Florida Statutes....

Attorney General RAB/tjw 1 Section 28.222(1), Fla. Stat. (1995). 2 Section 28.222(2), Fla. Stat. (1995).

...ay not redact social security numbers or other confidential information upon receipt; however, the clerk is required to maintain the confidentiality of that information. As your questions are interrelated, they will be answered together. Pursuant to section 28.222 (1), Florida Statutes, the clerk of the circuit court is 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....

...The social security number, however, is confidential in such records and the clerk is under a responsibility to prevent the release of such information to the public. You also ask whether the exemption and redaction requirements would apply to the recording of federal records. Pursuant to section 28.222 (3), Florida Statutes, "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: * * * (b) Notices of lis pendens, incl...

...in the proceedings, and orders approving the bonds of trustees appointed in the proceedings." I am not aware of, nor have you drawn my attention to, any provision that would treat the recording of such records in a different manner. As noted above, section 28.222 , Florida Statutes, recognizes the authority of the clerk to record in the Official Records certain federal documents....

...d by law. However, the social security numbers contained in the recorded documents are confidential and the clerk is responsible for preventing the release of such information to the public. Sincerely, Charlie Crist Attorney General CC/tjw 1 And see s. 28.222 (6), Fla....

...f and of making extracts therefrom; s. 28.001 (1), Fla. Stat., defining "Official records" as "each instrument that the clerk of the circuit court is required or authorized to record in one general series called `Official Records' as provided for in s. 28.222." See also s. 28.2221 , Fla....

...wed for compliance with this subsection. If the collection of a social security number prior to May 13, 2002, is found to be unwarranted, the agency shall immediately discontinue the collection of social security numbers for that purpose." 4 And see s. 28.2221 (5), Fla....

to record in the county where he is clerk.6 Section 28.222(3)(a), Florida Statutes, provides that the

...nty commissioners. He shall as county recorder keep the records and perform all of the duties now or hereafter prescribed by law relating to instruments required or authorized by law to be recorded in the public records, including without limitation section 28.222 , Florida Statutes (section 2, chapter 71-4)....

...ly refers to the Orange County Comptroller's duty only as custodian of the "Official Records." As such, he is required to record all instruments entitled by law to be recorded in the public records, including those types of instruments enumerated in s. 28.222 , F....

clerk’s recordation of official documents. See § 28.222, Fla.Stat. (1977). The general purpose of legislation

numbers determines the priority of recordation. Section 28.222(2) requires the clerk to keep a register in

...enial of its motion to dismiss Manhattan Palms' negligence complaint on sovereign immunity. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(B), 9.130(a)(3)(F)(iii). Because we find that the Clerk's duty to index the public record pursuant to section 28.222, Florida Statutes (2008), is for the benefit of the general public, sovereign immunity bars this action, and the trial court erred in denying the Clerk's motion to dismiss....

...not a tort duty owed to the public generally. The Clerk argues that the omission of the letter "n" occurred when the Clerk entered the 2008 mortgage in the index to the public records and that the Clerk's duty to index the mortgage derives from section 28.222(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...

...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. The Clerk argues that section 28.222 contains no intent, explicit or implicit, to benefit any individual or even a specific class of citizens....

...Here, the Clerk owed a duty under section 695.01 to record the Regions mortgage. The Clerk did so. The Clerk owed a duty under section 695.01 to record the Manhattan Palms mortgage. The Clerk did so. The Clerk's obligation to maintain a general alphabetical index under section 28.222(2) was to the benefit of the general public and not any specific individual or identifiable class; therefore, the Clerk's sovereign immunity bars this action, and the trial court denied the Clerk's motion to dismiss in error. The Clerk satisfied its only statutory duty to Manhattan Palms, which arose under 695.01 and not 28.222(2). Accordingly, we vacate the order denying the Clerk's motion to dismiss and remand with instructions that Manhattan Palms' lawsuit be 8 dismissed with prejudice....

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

...ax lien" submitted by the United State Department of Treasury should be indexed in the official records of the county recorder as a "notice" and not a "lien" as has been the historical practice of your office. 2 You request direction on this matter. Section 28.222 , Florida Statutes, provides that the clerk of 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." 3 The statute enumerates certain instruments that must be recorded and recognizes the clerk's responsibility to record, upon payment of the service charges prescribed by law, "[a]ny other instruments required or authorized by law to be recorded." 4 As mandated by section 28.222 (2), Florida Statutes: "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...

...sponsibilities under section 713.06 (2)(a), Florida Statutes, and no comment will be expressed herein on this question. 2 The Florida Association of Court Clerks and Comptrollers advises that this is the common practice among Florida court clerks. 3 Section 28.222 (1), Fla. Stat. 4 Section 28.222 (3)(h), Fla. Stat. 5 Section 28.222 (3)(a), Fla....

...See also Alachua County v. Powers , 351 So. 2d 32 , 35 (Fla. 1977). 12 See Op. Att'y Gen. Fla. 75-309 (1975) (clerk is required to record any deed properly executed upon proper payment of the clerk's service charge if such deed is otherwise entitled to be recorded under s. 28.222 , Fla....

...Florida Retail Federation, Inc., 915 So.2d 205, 209 (Fla. 5th DCA 2005), the ordinances may not conflict with a state statute. See Art. VIII § 2(b), Fla. Const. In relevant part, section 695.11, Florida Statutes, provides that any instruments required to be recorded pursuant to section 28.222, Florida Statutes, will be deemed recorded once an official register number is affixed....

...This office has stated that the clerk of court may not accept for recording in the official records any document which the law does not authorize or require him or her to record. In Attorney General's Opinion 90-69, this office considered whether the clerk of court must record documents not identified in section 28.222 , Florida Statutes, such as living wills, child custody agreements between parties without court approval, foreign state birth certificates, foreign country birth certificates and documents in a foreign language without an English translation....

...by law to record in the county where he or she is clerk. 18 Based on these considerations, this office concluded that the clerk is not authorized to record any document or instrument which is not specifically required or authorized to be recorded by section 28.222 , Florida Statutes, or by law....

...impairing the obligation of contracts shall be passed." 12 Section 720.303 , Fla. Stat. 13 Section 720.304 , Fla. Stat. 14 Section 720.305 , Fla. Stat. 15 Section 720.306 , Fla. Stat. 16 Section 720.3075 , Fla. Stat. 17 Section 720.311 , Fla. Stat. 18 Section 28.222 (1), Fla....

affecting such mortgages or judgments is recorded. Section 28.222, F.S., provides that the clerk of the circuit

...im that the foreclosure judgment is void. A. Priority of interests 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 t...

...ing, 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 nu...

...itute public roads, and rerecord the certified copies? SUMMARY: The clerk of the circuit court is required to record any deed properly executed upon proper payment of the clerk's service charge if such deed is otherwise entitled to recordation under s. 28.222 , F.S....

...r a copy thereof, before or after recordation that the property therein described has not been accepted by the county and therefore does not constitute a public road or street. Any such notations so made are without legal efficacy. AS TO QUESTION 1: Section 28.222 , F.S., provides that the clerk of the circuit court shall record certain enumerated documents upon payment of the service charge....

...p. 115, wherein my predecessor stated that the clerk must record a deed properly executed in accordance with statute, although he deemed the description insufficient. Thus, if it appears that the instrument is otherwise entitled to recordation under s. 28.222 , F.S., it must be recorded by the clerk if properly executed and upon proper payment of the clerk's fee....

...The county must own the fee title to the roadbed in order for the property to escape taxation, either as exempt or immune property. Attorney General Opinion 073-257. AS TO QUESTIONS 3 AND 4: The clerk's duties and authority in regard to the recordation of instruments are specified in s. 28.222 , F.S....

...VIII of the State Constitution, which provision is inconsistent with anything contained in this section shall prevail in such charter county to the extent of any such inconsistency." You have not indicated that Nassau County has any inconsistent charter or ordinance provisions which would control in this situation. 10 Section 28.222 (1), F.S. 11 Section 28.222 (3), F.S....

...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....

...These records are open to the public. See 44 Fla.Jur.2d, Records and Recording Acts § 18 at 470 & n. 89 (1984). . We emphasize that we do not hold that tax assessor records may impart constructive notice. Unlike tax warrants and tax executions, see Fla. Stat.Ann. § 28.222(3)(a) (West 1988), tax payments are not recorded in the grantor/grantee index in Florida, and therefore are not part of the chain of title....

...s and settlement agreements entered into by virtue thereof on account of injuries giving rise to such causes of action, suits, claims, counterclaims, demands, judgments, settlements or settlement agreements and which necessitated such hospital care. Section 28.222 , F.S., provides in pertinent part as follows: (1) The clerk of the circuit court shall be the recorder of all instruments that he may be required or authorized by law to record in the county where he is clerk....

...es, 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; . . . . (e.s.) QUESTION ONE Section 28.222 (3)(a), F.S., does not distinguish between notices or claims of lien executed in Florida and notices or claims of lien executed in another state, such as Alabama; it merely provides that a clerk of the circuit court shall record notices or claims of lien in the official records. Compare, s. 28.222 (3)(c), F.S....

...n this state shall be recorded on presentation to clerk and payment of service charges). An express statutory direction as to how a thing is to be done precludes doing it in any contrary manner. Alsop v. Pierce, 19 So.2d 799 (Fla. 1944). Inasmuch as s. 28.222 (3)(a) directs that the clerk of the circuit court shall record the instruments therein enumerated, including notices or claims of lien, without distinction as to whether such instruments were executed within or outside of the State of Flor...

...State, 380 So.2d 1118 (2 D.C.A.Fla., 1980) (clerk acts in purely ministerial capacity and has no discretion to pass upon sufficiency of documents presented for filing). See also, AGO's 84-47, 75-309 and 75-214 (clerk required to record in Official Records those instruments enumerated in s. 28.222 , F.S., or other laws)....

...QUESTION TWO Your second question appears to suggest that you are unsure as to whether the affidavits of hospital lien enclosed with your inquiry are "claims against real or personal property or any interest in it" for purposes of the general class of instruments enumerated in s. 28.222 (3)(a), F.S., which shall be recorded by the clerk of the circuit court....

...1 On September 18, 1975, notice of the pendency of bankruptcy proceedings was duly recorded in the public records of Polk County. Under Florida law, this recordation constitutes constructive notice to all persons with interests in real property in that county. § 28.222(3)(f), Florida Statutes; 23 Fla.Jur....

General RAB/tgh 1 Section 28.222(1), F.S. 2 Section 28.222(2), F.S. 3 Section 28.222(3), F.S. 4 See, AGO's

...Powers, 351 So.2d 32 , 35 (Fla. 1977). The duties and responsibilities of the clerk of circuit court are generally set forth in Ch. 28 , F.S. (1986 Supp.). Insofar as pertinent to your question, the clerk is functioning in his ex officio capacity as county recorder. Section 28.222 (1), F.S., states that the clerk of the circuit court "shall be the recorder of all instruments that he may be required or authorized by law to record in the county where he is clerk." Pursuant to s....

...28.19(1), F.S., which states that the service charges for recording any written instrument which is entitled to be recorded in Florida shall not be payable to the recording officer until he or she has verified the record and endorsed the original instrument as provided in s. 28.17, F.S. Subsection (2) of s. 28.222 , F.S., provides that the clerk shall record all instruments in one general series of books designated as the "Official Records." Cf., AGO 86-52 concluding that the clerk of the circuit court is not authorized by law to maintain a separate "felony judgment" book as part of the Official Records....

...ber of each instrument filed, the date and hour of filing, the kind of instrument, and the names of the parties to the instrument. Further, the clerk shall maintain a direct and inverse general alphabetical index of all instruments filed for record. Section 28.222 (2), F.S. And see, s. 28.222 (3), F.S., which sets forth the kinds of instruments which the clerk shall record; s....

...695.11 , F.S., requires that: 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 s. 28.222 , . . . shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time he affixed thereon the consecutive official register numbers required under s. 28.222 , and at such time shall be notice to all persons....

...The sequence of such official numbers shall determine the priority of recordation. An 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. As was noted in AGO 73-135, when ss. 28.222 and 695.11 , F.S., are read together it becomes apparent that the filing number should be endorsed on each document which is filed for recording....

...That opinion recognized that neither of these statutes expressly requires that the date and time of filing be endorsed on the instrument but that, as a practical matter, this must be done to enable the clerk to enter this information in the register for the Official Records, as required by s. 28.222 , F.S....

order from the Official Records. 1 Section 28.222(1), F.S. 2 Section 28.222(3), F.S. And see, s. 28.29, F