Senate Bill 0264c1

    Florida Senate - 1999                            CS for SB 264

    By the Committee on Judiciary





    308-1710-99

  1                      A bill to be entitled

  2         An act relating to filing of records; amending

  3         s. 28.07, F.S.; authorizing filing of official

  4         records at branch offices of the clerk of the

  5         circuit court; amending s. 28.222, F.S.;

  6         providing for time of filing of official

  7         records and availability of Official Records

  8         register; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 28.07, Florida Statutes, is amended

13  to read:

14         28.07  Place of office.--The clerk of the circuit court

15  shall keep his or her office at the county seat. If the clerk

16  finds a need for branch offices, they may be located in the

17  county at places other than the county seat. Instruments

18  presented for recording in the Official Records may be

19  accepted and filed for that purpose at any branch office

20  designated by the governing body of the county for the

21  recording of instruments pursuant to s. 1, Art. VIII of the

22  State Constitution. One or more deputy clerks authorized to

23  issue process may be employed for such branch offices. The

24  Official Records books of the county must be kept at the

25  county seat. Other records and books must be kept within the

26  county but need not be kept at the county seat.

27         Section 2.  Subsections (2) and (6) of section 28.222,

28  Florida Statutes, are amended to read:

29         28.222  Clerk to be county recorder.--

30         (2)  The clerk of the circuit court shall record all

31  instruments in one general series of books called "Official

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                            CS for SB 264
    308-1710-99




  1  Records."  He or she shall keep a register in which he or she

  2  shall enter at the time of filing the filing number of each

  3  instrument filed for record, the date and hour of filing, the

  4  kind of instrument, and the names of the parties to the

  5  instrument.  The clerk shall maintain a general alphabetical

  6  index, direct and inverse, of all instruments filed for

  7  record. The register of Official Records must be available in

  8  each office where official records may be filed.

  9         (6)  All instruments recorded in the Official Records

10  books shall always be open to the public, under the

11  supervision of the clerk, for the purpose of inspection

12  thereof and of making extracts therefrom; but the clerk shall

13  not be required to perform any service in connection with such

14  inspection or making of extracts without payment of service

15  charges as provided in s. 28.24.

16         Section 3.  This act shall take effect upon becoming a

17  law.

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19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                              SB 264

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22  Restores existing statutory language in s. 28.07, F.S.,
    requiring that the Official Records be kept at the county seat
23  office.

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