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Florida Statute 28.222 | Lawyer Caselaw & Research
F.S. 28.222 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 28
CLERKS OF THE CIRCUIT COURTS
View Entire Chapter
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 from cite.case.law:

FEDERAL NATIONAL MORTGAGE ASSOCIATION, v. JKM SERVICES, LLC, FOR CEDAR WOODS HOMES CONDOMINIUM ASSOCIATION, INC., 256 So. 3d 961 (Fla. App. Ct. 2018)

. . . These issues are generally determined by the operation of sections 28.222, (regarding clerks of court . . .

B. PHILLIPS S. v. EPIC AVIATION, LLC,, 234 F. Supp. 3d 1174 (M.D. Fla. 2017)

. . . . § 28.222(1). . . . Stat. § 28.222(2). . . . Stat. § 28.222. . . . Stat. § 28.222(7). . . .

BANK OF AMERICA, N. A. v. KIPPS COLONY II CONDOMINIUM ASSOCIATION, INC. a CHARLES C. A., 201 So. 3d 670 (Fla. Dist. Ct. App. 2016)

. . . Section 28.222(2), Florida Statutes (20Q4), requires the clerk of the circuit court to record instruments . . . Statutes (2004), provides that “[t]he sequence of [official register numbers required under section 28.222 . . .

U. S. BANK NATIONAL ASSOCIATION, v. F. FARHOOD a k a F. E. Jr., 153 So. 3d 955 (Fla. Dist. Ct. App. 2014)

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

NIKOOIE, v. JPMORGAN CHASE BANK, N. A., 183 So. 3d 424 (Fla. Dist. Ct. App. 2014)

. . . . §§ 28.222, 28.24, Fla. Stat. (2005); Op. Atty. Gen., 075-309, Dec..22,. 1975. . . .

CITY OF PALM BAY, v. WELLS FARGO BANK, N. A., 114 So. 3d 924 (Fla. 2013)

. . . Section 28.222(2), Florida Statutes (2004), requires the clerk of the circuit court to record instruments . . . Statutes (2004), provides that “[t]he sequence of [official register numbers required under section 28.222 . . .

D. MAYFIELD, J. v. FIRST CITY BANK OF FLORIDA,, 95 So. 3d 398 (Fla. Dist. Ct. App. 2012)

. . . the State of Florida, and which are to be recorded in the “Official Records” as provided for under s. 28.222 . . . , at the time she or he affixed thereon the consecutive official register numbers required under s. 28.222 . . .

FULLER, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. MERSCORP INC., 888 F. Supp. 2d 1257 (M.D. Fla. 2012)

. . . First, the Clerk lacks standing because § 28.222, Florida Statutes, does not create a private right of . . . Section 28.222, Florida Statutes, merely outlines Plaintiffs duties and responsibilities for recording . . . Plaintiff maintains that MERS contravenes §§ 28.222(1) and (6), Florida Statutes. . . . There appears to be no dispute between the parties that § 28.222, Florida Statutes, provides no right . . . As § 28.222, Florida Statutes, provides no private remedy for its violation, Plaintiff may not bring . . .

CITY OF PALM BAY, v. WELLS FARGO BANK, N. A., 57 So. 3d 226 (Fla. Dist. Ct. App. 2011)

. . . 695.11, Florida Statutes, provides that any instruments required to be recorded pursuant to section 28.222 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . Statutory References § 28.222(3)(g), Fla. Stat. Clerk to be county recorder. § 382.008(6), Fla. . . .

HON REALTY CORP. a v. FIRST AMERICAN TITLE INSURANCE CO. a, 291 F. App'x 951 (11th Cir. 2008)

. . . the State of Florida, and which are to be recorded in the "Official Records” as provided for under s. 28.222 . . . , at the time she or he affixed thereon the consecutive official register numbers required under s. 28.222 . . .

WINN- DIXIE STORES, INC. a v. DOLGENCORP, INC. a L. L. C. a, 964 So. 2d 261 (Fla. Dist. Ct. App. 2007)

. . . Section 28.222(3)(a), Florida Statutes (2006) provides that leases are one kind of instrument that the . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION- REORGANIZATION OF THE RULES, 939 So. 2d 966 (Fla. 2006)

. . . documents presented to the clerk of the circuit court for recording in the Official Records under section 28.222 . . .

SUNTRUST BANK, v. RIVERSIDE NATIONAL BANK OF FLORIDA,, 792 So. 2d 1222 (Fla. Dist. Ct. App. 2001)

. . . the State of Florida, and which are to be recorded in the 'Official Records' as provided for under S. 28.222 . . . , at the time she or he affixed thereon the consecutive official register numbers required under s. 28.222 . . .

BURSHAN, M. D. v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. a, 805 So. 2d 835 (Fla. Dist. Ct. App. 2001)

. . . Section 28.222(3)(c), Florida Statutes (2000), authorizes a clerk of the circuit court to record a judgment . . .

VLX PROPERTIES, INC. v. SOUTHERN STATES UTILITIES, INC., 792 So. 2d 504 (Fla. Dist. Ct. App. 2001)

. . . . § 28.222(2)). Thus, the Delivery Agreement would be outside of VLX’s chain of title. . . .

F. HOLODAK v. E. LOCKWOOD, As, 726 So. 2d 815 (Fla. Dist. Ct. App. 1999)

. . . The clerk conceded that he had a statutory duty under section 28.222, Florida Statutes, to properly record . . .

WOLF As U T D F B O FBO IRA DTD EJS a v. SPARIOSU Co. S. W. FL., 706 So. 2d 881 (Fla. Dist. Ct. App. 1998)

. . . the State of Florida, and which are to be recorded in the "Official Records” as provided for under s. 28.222 . . . recorded, at the time he affixed thereon the consecutive official register numbers required under s. 28.222 . . .

WPC, INC. v. HARTFORD ACCIDENT INDEMNITY CO., 698 So. 2d 1324 (Fla. Dist. Ct. App. 1997)

. . . .’” §§ 28.222(1) and (2), Fla. Stat. (1995). . . . .” § 28.222(3)(h), Fla. Stat. (1995). . . . See § 28.222, Fla. Stat. (1995). . . .

AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, 682 So. 2d 89 (Fla. 1996)

. . . documents presented to the clerk of the circuit court for recording in the Official Records under section 28.222 . . .

WFTV, INC. d b a v. H. WILKEN,, 675 So. 2d 674 (Fla. Dist. Ct. App. 1996)

. . . required or authorized to record in the series of books called “Official Records” as provided for in s. 28.222 . . .

In PHILLIPS, PHILLIPS, v. UNITED STATES, 197 B.R. 363 (M.D. Fla. 1996)

. . . . § 28.222(3)(e), because the Notice of Federal Tax Lien (NFTL) was filed in Douglas County, Douglasville . . .

C. SKELTON, v. MARTIN, C. K., 673 So. 2d 877 (Fla. Dist. Ct. App. 1996)

. . . Section 28.222, Florida Statutes (1991), requires the clerk of circuit court, as the county recorder, . . .

H. SMITH, v. FEDERAL DEPOSIT INSURANCE CORPORATION, a, 61 F.3d 1552 (11th Cir. 1995)

. . . . § 28.222(3)(a) (West 1988), tax payments are not recorded in the grantor/grantee index in Florida, . . .

LAMCHICK, GLUCKSMAN JOHNSTON, P. A. a v. CITY NATIONAL BANK OF FLORIDA,, 659 So. 2d 1118 (Fla. Dist. Ct. App. 1995)

. . . recorded, at the time he affixed thereon the consecutive official register numbers required under s. 28.222 . . .

ANDERSON v. NORTH FLORIDA PRODUCTION CREDIT ASSOCIATION, n k a ACA,, 642 So. 2d 88 (Fla. Dist. Ct. App. 1994)

. . . Appellants note that section 28.222, Florida Statutes, obliges the clerk of the court “to maintain a . . .

LAFITTE, v. GIGLIOTTI PIPELINE, INC., 624 So. 2d 844 (Fla. Dist. Ct. App. 1993)

. . . . § 28.222(2), Fla. Stat. (1989). . . .

In R. BABBIDGE,, 159 B.R. 532 (Bankr. W.D. Mo. 1993)

. . . Florida statute §§ 695.01 and 28.222 require parties, to make a mortgage valid and effective against . . .

MLECKA, v. CITRUS COUNTY,, 610 So. 2d 677 (Fla. Dist. Ct. App. 1992)

. . . recorded the lien by not indexing it in the Official Records of Citrus County as required by sections 28.222 . . . not index its special assessment lien in the Official Records of the county as required by sections 28.222 . . .

FIRST AMERICAN TITLE INSURANCE COMPANY OF ST. LUCIE COUNTY, INC. v. DIXON, St., 603 So. 2d 562 (Fla. Dist. Ct. App. 1992)

. . . 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 . . . Section 28.222(2), requires the clerk to keep a register with details of the filing of instruments, in . . .

BAKALARZ, v. LUSKIN n k a s a a, 560 So. 2d 283 (Fla. Dist. Ct. App. 1990)

. . . Florida Statutes Section 28.222(2) provides for the keeping of an official records book. . . . The appellant was entitled to rely upon compliance with the dictates of Florida Statutes section 28.222 . . .

In AMENDMENT TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, RULE PAPER SIZE, 550 So. 2d 457 (Fla. 1989)

. . . documents presented to the clerk of the circuit court in his capacity as county recorder under section 28.222 . . .

UNITED STATES v. FEINSTEIN, a, 717 F. Supp. 1552 (S.D. Fla. 1989)

. . . Section 28.222(2)-(3); Fla.Stat.Ann. Section 695.01. . . .

In BERKLEY MULTI- UNITS, INC. E. VENNEY W. a v. W. ATWATER A., 104 B.R. 452 (Bankr. M.D. Fla. 1989)

. . . in the State of Florida and which are to be recorded in the official records as provided for under s.28.222 . . .

PATERSON, v. BRAFMAN,, 530 So. 2d 499 (Fla. Dist. Ct. App. 1988)

. . . . § 28.222(3)(c), Fla.Stat. (1985); see § 695.11, Fla.Stat. (1985); Sapp v. . . . See § 28.222(2), Fla. Stat. (1985). . . . appointed by the court for that purpose, executed a deed subsequent to the pertinent events in this case. . 28.222 . . . the State of Florida, and which are to be recorded in the "Official Records” as provided for under s. 28.222 . . . recorded, at the time he affixed thereon the consecutive official register numbers required under s. 28.222 . . .

In BERKLEY MULTI- UNITS, INC. D ALFONSO D v. VINNEY,, 91 B.R. 150 (Bankr. M.D. Fla. 1988)

. . . the state of Florida, and which are to be recorded in the “official records” as provided for under F.28.222 . . . recorded, at the time he affixed thereon the consecutive official register numbers required under F.28.222 . . .

W. SHARPE, v. T. CALABRESE,, 528 So. 2d 947 (Fla. Dist. Ct. App. 1988)

. . . See §§ 28.222(2), 28.29, 55.10 and 695.01(1), Fla. Stat. . . .

UNITED STATES v. AIR FLORIDA, INC. a k a, 56 B.R. 732 (S.D. Fla. 1985)

. . . Florida Statutes § 28.222 provides that notices of federal tax liens may be filed with the Clerk of the . . . However, if we assume there is merit to the Appellant’s perception of a real conflict between Fla.Stat. § 28.222 . . .

In AIR FLORIDA SYSTEMS, INC. AIR FLORIDA SYSTEMS, INC. v. UNITED STATES, 50 B.R. 653 (Bankr. S.D. Fla. 1985)

. . . notices of lien with the clerk of the Dade County, Florida Circuit Court, believing Florida Statutes § 28.222 . . . which deals with the “specific” subject matter of aircraft liens, controls over Florida Statutes § 28.222 . . . Florida Statutes §§ 329.01 and 28.222 create no less than two different places where the IRS could have . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. F. HARTSFIELD,, 443 So. 2d 322 (Fla. Dist. Ct. App. 1983)

. . . See §§ 28.12, 28.211, 28.212, 28.222, Florida Statutes. . . .

A. HELMICK, v. M. HELMICK,, 436 So. 2d 1122 (Fla. Dist. Ct. App. 1983)

. . . See §§ 88.341 and 28.222(3)(c); 28.29; 55.07; 55.-10; 55.101, Fla.Stat. (1981); yet the statutes consider . . .

MARTINEZ, v. REYES T., 405 So. 2d 468 (Fla. Dist. Ct. App. 1981)

. . . the State of Florida, and which are to be recorded in the “Official Records” as provided for under s. 28.222 . . . recorded, at the time he affixed thereon the consecutive official register numbers required under s. 28.222 . . . A final judgment is an instrument required to be recorded in the official records [see Sec. 28.222(3) . . .

In CORPORATION, a, 13 B.R. 1006 (S.D. Fla. 1981)

. . . . § 28.222(3)(f), Florida Statutes; 23 Fla.Jur. Notice and Notices, § 4, n.16; 28 Fla.Jur. . . .

LUDLOW, v. P. BRINKER,, 403 So. 2d 969 (Fla. 1981)

. . . See § 28.222, Fla.Stat. (1977). . . .

R. YAIST v. UNITED STATES v. OLSON FLORIDA REALTY CO., 656 F.2d 616 (Ct. Cl. 1981)

. . . . § 28.222(2) (West 1973). Deeds are indexed both by grantors and by grantees. . . .

CLYDE R. YAIST v. THE UNITED STATES OLSON FLORIDA REALTY CO., 228 Ct. Cl. 281 (Ct. Cl. 1981)

. . . . § 28.222(2) (West 1973). Deeds are indexed both by grantors and by grantees. . . .

P. BRINKER, v. LUDLOW,, 379 So. 2d 999 (Fla. Dist. Ct. App. 1980)

. . . . § 28.222, Fla.Stat. (1977). . . . .

In MONARCH INDUSTRIES, INC. UNITED STATES v. PALMER,, 609 F.2d 117 (5th Cir. 1979)

. . . . § 28.222(3)(e) (West 1974). . . .

TRUSTEES OF TUFTS COLLEGE, v. TRIPLE R. RANCH, INC. COMPASS ROSE CORPORATION, v. TRIPLE R. RANCH, INC. TRIPLE R. RANCH, INC. v. COMPASS ROSE CORPORATION,, 275 So. 2d 521 (Fla. 1973)

. . . the State of Florida, and which are to be recorded in the “Official Records” as provided for under § 28.222 . . . recorded, at the time he affixed thereon the consecutive official register numbers required under § 28.222 . . .