CHAPTER 28

28.001 Definitions. As used in this chapter: (1) “Official records” means 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. (2) “Public records” has the same meaning as in s. 119.011 and includes each official record. History. — s. 1, ch. 94-348; s. 1, ch. 99-259. 28.01 Bond of circuit court clerks; small counties. In each county of the state having a population of 150,000 or less according to the last state census, the clerk of the circuit court shall give bond as required by the board of county commissioners of the county, to be filed with the clerk of the circuit court and be conditioned upon the faithful discharge of the duties of office. History. — ss. 1, 3, ch. 3724, 1887; RS 1381; GS 1821; RGS 3066; CGL 4847; s. 1, ch. 17754, 1937; s. 1, ch. 20719, 1941; ss. 10, 12, 35, ch. 69-106; s. 152, ch. 95-147; s. 12, ch. 95-312; s. 7, ch. 98-34. 28.02 Bond of circuit court clerks; large counties. In each county of the state having a population in excess of 150,000 according to the last state census, the clerk of the circuit court shall give bond as required by the board of county commissioners of the county, to be filed with the clerk of the circuit court and be conditioned upon the faithful discharge of the duties of office. History. — ss. 1, 3, ch. 3724, 1887; RS 1381; GS 1821; RGS 3066; CGL 4847; s. 1, ch. 17754, 1937; s. 1, ch. 20719, 1941; ss. 10, 12, 35, ch. 69-106; s. 153, ch. 95-147; s. 13, ch. 95-312; s. 8, ch. 98-34. 28.03 Obligation of sureties. Each surety upon such bond may bind himself or herself for a specified sum, but the aggregate amount for which the sureties shall bind themselves shall not be less than the penalty of the bond. History. — s. 9, ch. 3724, 1887; RS 934; GS 1822; RGS 3067; CGL 4848; s. 2, ch. 17754, 1937; s. 1, ch. 20719, 1941; s. 154, ch. 95-147. 28.04 Justification of sureties. Each surety upon such bond shall make affidavit that the surety is a resident of the county for which the clerk is to be commissioned, and that he or she has sufficient visible property therein unencumbered and not exempt from sale under legal process to make good his or her bond. History. — s. 10, ch. 3724, 1887; RS 935; GS 1823; RGS 3068; CGL 4849; s. 3, ch. 17754, 1937; s. 1, ch. 20719, 1941; s. 155, ch. 95-147. 28.05 Surety companies. The provisions of ss. 28.01-28.04 as to number of sureties, affidavits of residence and justification of same, shall not apply to solvent surety companies authorized to do business and execute bonds in this state. History. — GS 1824; RGS 3069; CGL 4850; s. 4, ch. 17754, 1937; s. 1, ch. 20719, 1941. 28.06 Power of clerk to appoint deputies. The clerk of the circuit court may appoint a deputy or deputies, for whose acts the clerk shall be liable, and the said deputies shall have and exercise each and every power of whatsoever nature and kind as the clerk may exercise, excepting the power to appoint a deputy or deputies. History. — s. 1, Feb. 12, 1834; s. 1, ch. 254, 1849; RS 1384; GS 1825; RGS 3070; CGL 4851; s. 1, ch. 21956, 1943; s. 156, ch. 95-147. 28.07 Place of office. The clerk of the circuit court shall keep his or her office at the county seat. If the clerk finds a need for branch offices, they may be located in the county at places other than the county seat. Instruments presented for recording in the Official Records may be accepted and filed for that purpose at any branch office designated by the governing body of the county for the recording of instruments pursuant to s. 1, Art. VIII of the State Constitution. One or more deputy clerks authorized to issue process may be employed for such branch offices. The Official Records of the county must be kept at the county seat. Other records and books must be kept within the county but need not be kept at the county seat. History. — s. 3, Feb. 12, 1834; RS 1385; GS 1826; RGS 3071; CGL 4852; s. 1, ch. 57-281; s. 1, ch. 87-190; ss. 2, 10, ch. 94-348; s. 2, ch. 99-259. 28.071 Clerk’s seal. Each clerk shall provide a seal which shall have inscribed thereon substantially the words: “Circuit Court” “Clerk,” “(Name of county)” which shall be the official seal of the clerk of the circuit court in that county for authentication of all documents or instruments. It may be an imprint or impression type seal and shall be registered with the Department of State. History. — s. 1, ch. 70-134; s. 1, ch. 70-439. 28.09 Clerk ad interim. In the case of vacancy occurring in the office of a clerk of the circuit court by death, resignation, or other cause, the judge of that court shall appoint a clerk ad interim, who shall assume all the responsibilities, perform all the duties, and receive the same compensation for the time being as if he or she had been duly appointed to fill the office; and the clerk shall give such bond and security for the faithful performance of duties as required by the board of county commissioners. History. — s. 1, ch. 722, 1855; RS 1393; GS 1838; RGS 3083; CGL 4866; s. 157, ch. 95-147; s. 9, ch. 98-34. 28.101 Petitions and records of dissolution of marriage; additional charges. (1) When a party petitions for a dissolution of marriage, in addition to the filing charges in s. 28.241, the clerk shall collect and receive: (a) A charge of $5. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the Department of Revenue for deposit in the Child Welfare Training Trust Fund created in s. 402.40. (b) A charge of $55. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the Department of Revenue for deposit in the Domestic Violence Trust Fund. Such funds which are generated shall be directed to the Department of Children and Families for the specific purpose of funding domestic violence centers. (c) A charge of $37.50. The clerk shall deposit the moneys collected pursuant to this paragraph in the fine and forfeiture fund established pursuant to s. 142.01. (2) Upon receipt of a final judgment of dissolution of marriage for filing, and in addition to the filing charges in s. 28.241, the clerk may collect and receive a service charge of up to $10.50 pursuant to s. 382.023 for the recording and reporting of such final judgment of dissolution of marriage to the Department of Health. History. — s. 2, ch. 67-520; s. 2, ch. 70-134; s. 1, ch. 70-439; s. 1, ch. 73-300; s. 9, ch. 83-217; s. 103, ch. 86-220; s. 1, ch. 87-145; s. 25, ch. 87-387; s. 7, ch. 88-98; s. 2, ch. 88-181; s. 12, ch. 94-134; s. 12, ch. 94-135; s. 54, ch. 96-418; s. 82, ch. 97-237; s. 14, ch. 98-403; s. 13, ch. 99-2; s. 5, ch. 99-243; s. 4, ch. 2001-122; s. 25, ch. 2003-402; s. 3, ch. 2004-251; s. 14, ch. 2004-265; s. 8, ch. 2014-19; s. 7, ch. 2017-233; s. 1, ch. 2023-284. 28.12 Clerk of the board of county commissioners. The clerk of the circuit court shall be clerk and accountant of the board of county commissioners. He or she shall keep the minutes and accounts and perform such other duties as provided by law. The clerk shall have custody of the seal and affix the same to any paper or instrument as required by law. History. — RS 1392; GS 1836; RGS 3081; CGL 4864; s. 3, ch. 70-134; s. 158, ch. 95-147. 28.13 Papers and electronic filings. The clerk of the circuit court must maintain all papers and electronic filings in the clerk’s office with the utmost care and security, storing them with related case files and affixing a stamp, which may be electronic, to each submission indicating the date and time that the submission was filed. The clerk may not permit any attorney or other person to remove filed documents from the control or custody of the clerk without leave of the court, except as otherwise provided by law. History. — s. 59, Nov. 18, 1828; RS 1389; GS 1830; RGS 3075; CGL 4856; s. 1, ch. 89-297; s. 159, ch. 95-147; s. 1, ch. 2013-109. 28.14 Records, judgments, orders, and decrees prior to circuit courts. All the records, judgments, orders, and decrees of the several circuit courts, in the respective counties, made and entered before July 28th, 1868, shall be taken and held to be the records, judgments, orders, and decrees of the circuit courts as established in said counties July 28th, 1868, and may be amended and enforced according to law and the practice of said courts. History. — s. 9, ch. 1629, 1869; RS 1402; GS 1853; RGS 3098; CGL 4882. 28.15 Records from superior courts. The files, rolls and books of record of the superior courts of the several districts of the Territory of Florida remaining in the clerk’s offices of the respective counties, so far as the same, by the concurrence of the Congress and the Legislature of this state, may relate to matters of appropriate state authority and jurisdiction, are placed in the custody and under the control of the circuit courts of this state in the respective counties thereof, where the said superior courts were held and the records kept, and shall be deemed, held and taken to be files, rolls and records of the said circuit courts; and the said circuit courts may lawfully have and exercise such judicial cognizance and power over them as the said courts may lawfully have and exercise over their own files, rolls and records. History. — s. 2, ch. 520, 1853; RS 1403; GS 1854; RGS 3099; CGL 4883. 28.16 Certain records from prior county courts. All the records, judgments and orders in the several county courts, in the respective counties, made and entered prior to May 4th, 1875, where the amount sued upon exceeded the sum of $100, shall be held, deemed and taken to be files, rolls and records of the circuit court and the said circuit court may lawfully have and exercise such cognizance and power over them as said courts may lawfully have and exercise over its own files, rolls and records. History. — s. 1, ch. 3004, 1877; RS 1404-1406; s. 1, ch. 4725, 1899; GS 1855-1858; RGS 3100-3103; CGL 4884-4887. 28.211 Clerk to keep docket. The clerk of the circuit court shall keep a progress docket in which he or she shall note the filing of each pleading, motion, or other paper and any step taken by him or her in connection with each action, appeal, or other proceeding before the court. The clerk may keep separate progress dockets for civil and criminal matters. The clerk shall keep an alphabetical index, direct and inverse, for the docket. History. — s. 1, ch. 71-4; s. 160, ch. 95-147. 28.212 Minutes of court proceedings. The clerk may keep minutes of court proceedings. The action of the court shall be noted in the minutes, but orders and judgments shall not be recorded in the minutes. History. — s. 1, ch. 72-320. 28.213 Disposal of physical evidence filed as exhibits. The clerk of any circuit court or county court may dispose of items of physical evidence which have been held as exhibits in excess of 3 years in cases on which no appeal, or collateral attack, is pending or can be made. Items of evidence having no monetary value which are designated by the clerk for removal shall be disposed of as unusable refuse. Items of evidence having a monetary value which are designated for removal by the clerk shall be sold and the revenue placed in the clerk’s general revenue fund. History. — s. 1, ch. 72-7; s. 21, ch. 73-333; s. 2, ch. 89-176; s. 26, ch. 2003-402. Note. — Former s. 43.195. 28.215 Pro se assistance. The clerk of the circuit court shall provide ministerial assistance to pro se litigants. Assistance shall not include the provision of legal advice. History. — s. 27, ch. 2003-402. 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 1 Bankruptcy 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 2 must 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. 1 Note. — Replaced by the 1978 Bankruptcy Code. 2 Note. — 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.” 28.22205 Electronic filing process. Each clerk of court shall implement an electronic filing process. The purpose of the electronic filing process is to reduce judicial costs in the office of the clerk and the judiciary, increase timeliness in the processing of cases, and provide the judiciary with case-related information to allow for improved judicial case management. The Legislature requests that the Supreme Court set statewide standards for electronic filing to be used by the clerks of court to implement electronic filing. The standards should specify the required information for the duties of the clerks of court and the judiciary for case management. Revenues provided to counties and the clerk of court under s. 28.24(13)(e) for information technology may also be used to implement electronic filing processes. History. — s. 16, ch. 2009-61; s. 6, ch. 2014-17; s. 5, ch. 2015-2; s. 7, ch. 2020-2; s. 15, ch. 2021-116. 28.2221 Electronic access to official records. (1) The Legislature finds that a proper and legitimate state purpose is served by providing the public with access to public records and information on the Internet. The Legislature further finds that a proper and legitimate state purpose is also served by preventing disclosure of records and information made exempt by law from public disclosure. (2)(a) The county recorder in each county must provide a current index of documents recorded in the official records of the county for the period beginning no later than January 1, 1990, on a publicly available Internet website which must also contain a document requisition point for obtaining images or copies of the documents reflected in the index and which has the capability of electronically providing the index data to a central statewide search site. The index must be limited to grantor and grantee names, party names, date, book and page number, comments, and type of record. (b) Unless otherwise required by the court, a county recorder may not remove the grantor name, grantee name, or party name from the register of the Official Records, as described in s. 28.222(2), and the index on the publicly available Internet website on the basis of an exemption as defined in s. 119.011 unless the name of the grantor or grantee includes the street address portion of the home address as defined in s. 119.071(4)(d), in which case the county recorder must remove the street address portion from display. Home addresses, as defined in s. 119.071(4)(d), which are exempt from inspection or copying under s. 119.071 must be included within the Official Records as described in s. 28.222(2) but may not be included within the index or otherwise displayed on the county recorder’s publicly available Internet website on which images or copies of the county’s official records are placed. (3) Each county recorder shall use appropriate Internet security measures to ensure that no person has the ability to alter or to modify records placed on the Internet by the county recorder. (4) Unless otherwise provided by law, no information retrieved electronically pursuant to this section shall be admissible in court as an authenticated document. (5)(a) A county recorder may not place on a publicly available Internet website for general public display information made exempt from inspection or copying under s. 119.071 or any image or copy of a public record, including an official record, if that image or copy is of a military discharge; death certificate; or a court file, record, or paper relating to matters or cases governed by the Florida Rules of Family Law, the Florida Rules of Juvenile Procedure, or the Florida Probate Rules. (b) Any records specified in this subsection made available by the county recorder or clerk of the court on a publicly available Internet website for general public display prior to June 5, 2002, must be removed if the affected party identifies the record and requests that it be removed. Such request must be in writing and delivered by mail, facsimile, or electronic transmission, or in person to the county recorder or clerk of the court. The request must specify the identification page number of the document to be removed. No fee may be charged for the removal of a document pursuant to such request. (c) Notice of the right of any affected party to request removal of information or records pursuant to this subsection must be conspicuously and clearly displayed by the county recorder on the publicly available Internet website on which images or copies of the county’s public records are placed and in the office of each county recorder. Such notice must contain appropriate instructions for making the removal request in person, by mail, or by electronic transmission. The notice must state, in substantially similar form, that any person has a right to request that a county recorder remove from a publicly available Internet website information made exempt from inspection or copying under s. 119.071 or an image or copy of a public record, including an official record, if that image or copy is of a military discharge; death certificate; or a court file, record, or paper relating to matters or cases governed by the Florida Rules of Family Law, the Florida Rules of Juvenile Procedure, or the Florida Probate Rules. The notice must state that information removed as exempt under s. 119.071 will not be removed from the Official Records as described in s. 28.222(2). Such request must be made in writing and delivered in person, by mail, or by electronic transmission to the county recorder. The request must identify the Official Records book and page number, instrument number, or clerk’s file number for any information or document to be removed. For requests for removal from a person claiming a public records exemption pursuant to s. 119.071, the request must be written; be notarized; state under oath the statutory basis for removal of the information, image, or copy that is restricted from general public display on the county recorder’s publicly available Internet website; and confirm the individual’s eligibility for exempt status. A party making a false attestation is subject to the penalty of perjury under s. 837.012. A fee may not be charged for the removal of a document pursuant to such request. (d) Any affected person may petition the circuit court for an order directing compliance with this subsection. (e) By January 1, 2006, each county recorder or clerk of the court shall provide for electronic retrieval, at a minimum, of images of documents referenced as the index required to be maintained on the county’s official records website by this section. (6)(a) Any information restricted from general public display, inspection, or copying under paragraph (5)(a) pursuant to a request for removal made under s. 119.071 must be provided at any time to the individual whose information was removed. The written request for the restricted information must be by sworn affidavit consistent with s. 92.50 and must include the Official Records book and page number, the instrument number, or the clerk’s file number for any information or document to be released, and a description of the lawful purpose, and identify the individual or property that is the subject of the search. Any party making a false attestation is subject to the penalty of perjury under s. 837.012. A fee may not be charged for the production of any document pursuant to such request. (b)1. For the purpose of conducting a title search, as defined in s. 627.7711(4), of the Official Records, as described in s. 28.222(2), and upon presentation of photo identification and affirmation by sworn affidavit consistent with s. 92.50 to the county recorder, information restricted from public display, inspection, or copying under paragraph (5)(a) pursuant to a request for removal made under s. 119.071(4)(d) may be disclosed to: a. A title insurer authorized pursuant to s. 624.401 and its affiliates as defined in s. 624.10; b. A title insurance agent or title insurance agency as defined in s. 626.841(1) and (2), respectively; or c. An attorney duly admitted to practice law in this state and in good standing with The Florida Bar. 2. The photo identification and affirmation by sworn affidavit may be delivered in person, by mail, or by electronic transmission to the county recorder. 3. The affiant requestor must attest to his or her authority and the authorized purpose to access exempt information pursuant to this section for the property specified within the sworn affidavit. 4. The affiant requestor must identify the Official Records book and page number, instrument number, or the clerk’s file number for each document requested within the sworn affidavit and must include a description of the lawful purpose and identify the individual or property that is the subject of the search within the sworn affidavit. 5. Affidavits submitted by a title insurer, title insurance agent, or title insurance agency must include the Florida Company Code or the license number, as applicable, and an attestation to the affiant requestor’s authorization to transact business in this state. Affidavits submitted by an attorney authorized under this section must include the affiant requestor’s Florida Bar number and a statement that the affiant requestor has an agency agreement with a title insurer directly or through his or her law firm. 6. The county recorder must record such affidavit in the Official Records, as described in s. 28.222(2), but may not place the image or copy of the affidavit on a publicly available Internet website for general public display. 7. Upon providing a document disclosing redacted information to an affiant requestor under this section, the county recorder must provide a copy of the affidavit requesting disclosure of the redacted information to each affected party at the address listed on the document or on the request for removal made by the affected party under s. 119.071. The county recorder must prepare a certificate of mailing to be affixed to the affidavit and must receive the statutory service charges as prescribed by s. 28.24 from the affiant requestor. 8. Any party making a false attestation under this section is subject to the penalty of perjury under s. 837.012. (7) A person who uses any official record in a manner not authorized in this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who unlawfully uses any official record with intent to cause bodily harm or with intent to threaten to cause bodily harm commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8)(a) Each county recorder or clerk of the court must make the identity of each respondent against whom a final judgment for an injunction for the protection of a minor under s. 741.30, s. 784.046, or s. 784.0485 is entered, as well as the fact that a final judgment for an injunction for the protection of a minor under s. 741.30, s. 784.046, or s. 784.0485 has been entered against that respondent, publicly available on the county recorder’s or clerk of the court’s official website, unless the respondent is a minor. The identity and information required under this subsection must be viewable through a searchable database that is available in a clear and conspicuous location on the homepage of the county recorder’s or clerk of the court’s official website and must be available for search by the general public. (b) The requirement in paragraph (a) may be satisfied by providing a stand-alone link to the official records index. The link must be located in a clear and conspicuous location on the homepage of the county recorder’s or clerk of the court’s official website and must be available for search by the general public. The link must be titled in a manner that clearly informs the user that by clicking the link, the user will be redirected to a searchable database on which information available pursuant to this subsection relating to the identity of a respondent against whom a final judgment for injunction for the protection of a minor can be found. (c) Any information specified in this subsection not made available by the county clerk of the court as provided in this subsection before July 1, 2024, must be made publicly available on the county recorder’s or clerk of the court’s official website if the affected party identifies the information and requests that such information be added for general public display. Such request must be in writing and delivered by mail, facsimile, or electronic transmission or in person to the county recorder or clerk of the court. The request must specify the case number assigned to the final judgment for an injunction for the protection of a minor under s. 741.30, s. 784.046, or s. 784.0485. A fee may not be charged for the addition of information pursuant to such request. (d) No later than 30 days after July 1, 2024, notice of the right of any affected party to request the addition of information to the searchable database on the county recorder’s or clerk of the court’s official website pursuant to this subsection must be conspicuously and clearly displayed by the county recorder or clerk of the court on the county recorder’s or clerk of the court’s official website on which images or copies of the county’s public records are placed and in the office of each county recorder or clerk of the court. Such notice must contain appropriate instructions for making the addition of information request in person, by mail, by facsimile, or by electronic transmission. The notice must state, in substantially similar form, that any person has a right to request that a county recorder or clerk of the court add information to the searchable database on the county recorder’s or clerk of the court’s official website if that information involves the identity of a respondent against whom a final judgment for an injunction for the protection of a minor under s. 741.30, s. 784.046, or s. 784.0485 is entered, unless the respondent is a minor. The notice must also state that the information related to the identity of each respondent against whom a final judgment for an injunction for the protection of a minor under s. 741.30, s. 784.046, or s. 784.0485 is entered is available for search by the general public. The notice must include step-by-step instructions detailing how a user can access the searchable database and search for such information. Such request must be made in writing and delivered by mail, facsimile, or electronic transmission or in person to the county recorder or clerk of the court. The request must specify the case number assigned to the final judgment for an injunction for the protection of a minor under s. 741.30, s. 784.046, or s. 784.0485. A fee may not be charged for the addition of a document pursuant to such request. (e) Any affected person may petition the circuit court for an order directing compliance with this subsection. History. — s. 2, ch. 2000-164; ss. 2, 4, ch. 2002-302; s. 2, ch. 2021-215; s. 2, ch. 2021-231; s. 1, ch. 2022-4; s. 1, ch. 2024-117; s. 9, ch. 2025-163. 28.2222 Public records capital improvement plan. On or before December 1 of each year immediately preceding each year in which the Public Records Modernization Trust Fund is scheduled for review under s. 19(f)(2), Art. III of the State Constitution, each clerk of the circuit court shall file a 4-year capital improvement plan with the President of the Senate and the Speaker of the House of Representatives. The plan must specify the clerk’s goals for modernizing and improving the storage of, and public access to, public records and must state the manner in which moneys from the trust fund will be expended to obtain the stated objectives. The plan must specify the methodology used to determine the projected cost to implement the plan and to determine the projected revenue to meet the cost. Each capital improvement plan must state the progress made in fulfilling the objectives listed in the previously filed capital improvement plan and must state the manner in which moneys from the trust fund were expended to reach those objectives. History. — s. 6, ch. 95-214; s. 5, ch. 2006-1. 28.223 Probate records; recordation. (1) The clerk of the circuit shall record all wills and codicils admitted to probate, orders admitting the will to probate, orders determining beneficiaries, orders revoking the probate of any wills and codicils, letters of administration, orders affecting or describing real property, final orders, orders of final discharge, and orders of guardianship filed in the clerk’s office. No other petitions, pleadings, papers, or other orders relating to probate matters shall be recorded except on the written direction of the court. The direction may be in the order by incorporation in the order of the words “To be recorded,” or words to that effect. Failure to record an order or a judgment shall not affect its validity. (2) The clerk shall record all instruments under this section in Official Records and index them in the same manner as prescribed in s. 28.222. (3) All records of a court of this state heretofore exercising probate jurisdiction shall be placed, and remain, in the custody of the clerk and shall be the records of the circuit court. The circuit court may exercise judicial cognizance and power over them as it may over its own records. (4) Certified transcripts of the whole or any part of probate or administration proceedings in any court of this state or of any foreign state or country may be recorded. If the certified copy is not a part of a pending probate proceeding in the court, the person causing it to be recorded shall pay the costs of recordation. (5) The recording of any instrument required or permitted to be recorded under this section in a pending probate or administration proceeding in the county shall be included in the fees prescribed in s. 28.2401. History. — s. 2, ch. 74-106; s. 1, ch. 77-174; s. 161, ch. 95-147; s. 20, ch. 95-401; s. 1, ch. 2024-238. 28.231 Service charges by clerks of courts. The clerk of any state appellate or county or state trial court shall receive as compensation for similar services the same charges as provided in this chapter for the clerk of the circuit court. History. — s. 39, ch. 70-134. 28.235 Advance payments by clerk of circuit court. The clerk of the circuit court is authorized to make advance payments on behalf of the county for goods and services, including, but not limited to, maintenance agreements and subscriptions, pursuant to rules or procedures adopted by the Chief Financial Officer for advance payments of invoices submitted to agencies of the state. History. — s. 12, ch. 94-348; s. 89, ch. 2003-261. 28.24 Service charges. The clerk of the circuit court shall charge for services rendered manually or electronically by the clerk’s office in recording documents and instruments and in performing other specified duties. These charges may not exceed those specified in this section, except as provided in s. 28.345. (1) For purposes of this section, the term “court record” means the contents of a court file and includes: (a) Progress dockets and other similar records generated to document activity in a case. (b) Transcripts filed with the clerk. (c) Documentary exhibits in the custody of the clerk. (d) Electronic records, video recordings, and stenographic tapes of depositions or other proceedings filed with the clerk. (e) Electronic records, video recordings, and stenographic tapes of court proceedings. (2) For examining, comparing, correcting, verifying, and certifying transcripts of record in appellate proceedings, prepared by attorney for appellant or someone else other than clerk, per page: 5.00, from which the clerk shall remit 0.50 per page to the Department of Revenue for deposit into the General Revenue Fund. (3) For preparing, numbering, and indexing an original record of appellate proceedings, per instrument: 3.50, from which the clerk shall remit 0.50 per instrument to the Department of Revenue for deposit into the General Revenue Fund. (4)(a) For certifying copies of any instrument that is a court record in the public records: 2.00, from which the clerk shall remit 0.50 to the Department of Revenue for deposit into the General Revenue Fund. (b) For certifying copies of any instrument that is not a court record in the public records, per page: 2.00. (5)(a) For verifying any instrument presented for certification prepared by someone other than clerk, per page: 3.50, from which the clerk shall remit 0.50 per page to the Department of Revenue for deposit into the General Revenue Fund. (b) For verifying any instrument that is not a court record presented for certification prepared by someone other than the clerk, per page: 3.50. (6)(a) For 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, per page: 1.00. (b) For making copies by photographic process of any instrument in the public records of more than 14 inches by 8 1 / 2 inches, per page: 5.00. (7) For making microfilm copies of any public records: (a) That are court records: 1. 16 mm 100′ microfilm roll: 42.00, from which the clerk shall remit 4.50 to the Department of Revenue for deposit into the General Revenue Fund. 2. 35 mm 100′ microfilm roll: 60.00, from which the clerk shall remit 7.50 to the Department of Revenue for deposit into the General Revenue Fund. 3. Microfiche, per fiche: 3.50, from which the clerk shall remit 0.50 to the Department of Revenue for deposit into the General Revenue Fund. (b) That are not court records: 1. 16 mm 100′ microfilm roll: 42.00. 2. 35 mm 100′ microfilm roll: 60.00. 3. Microfiche, per fiche: 3.50. (8) For copying any instrument in the public records by other than photographic process, per page: 6.00. (9)(a) For writing any paper that is a court record other than a paper otherwise specifically mentioned in this section, including signing and sealing: 7.00, from which the clerk shall remit 1.00 to the Department of Revenue for deposit into the General Revenue Fund. (b) For writing any paper that is not a court record other than a paper otherwise specifically mentioned in this section, including signing and sealing: 7.00. (10) For indexing each entry not recorded: 1.00. (11) For receiving money into the registry of court: (a)1. First $500: 3 percent. 2. Each subsequent $100: 1.5 percent. (b) Eminent domain actions, per deposit: 170.00, from which the clerk shall remit 20.00 per deposit to the Department of Revenue for deposit into the General Revenue Fund. (12) For examining, certifying, and recording plats and for recording condominium exhibits larger than 14 inches by 8 1 / 2 inches: (a) First page: 30.00. (b) Each additional page: 15.00. (13) For recording, indexing, and filing any instrument not more than 14 inches by 8 1 / 2 inches, including required notice to property appraiser where applicable: (a) First page or fraction thereof: 5.00. (b) Each additional page or fraction thereof: 4.00. (c) For indexing instruments recorded in the official records which contain more than four names, per additional name: 1.00. (d) An additional service charge must be paid to the clerk of the circuit court to be deposited in the Public Records Modernization Trust Fund for each instrument listed in s. 28.222, except judgments received from the courts and notices of lis pendens, recorded in the official records: 1. First page: 1.00. 2. Each additional page: 0.50. Said fund must be held in trust by the clerk and used exclusively for equipment and maintenance of equipment, personnel training, and technical assistance in modernizing the public records system of the office. In a county where the duty of maintaining official records exists in an office other than the office of the clerk of the circuit court, the clerk of the circuit court is entitled to 25 percent of the moneys deposited into the trust fund for equipment, maintenance of equipment, training, and technical assistance in modernizing the system for storing records in the office of the clerk of the circuit court. The fund may not be used for the payment of travel expenses, membership dues, bank charges, staff-recruitment costs, salaries or benefits of employees, construction costs, general operating expenses, or other costs not directly related to obtaining and maintaining equipment for public records systems or for the purchase of furniture or office supplies and equipment not related to the storage of records. On or before December 1, 1995, and on or before December 1 of each year immediately preceding each year during which the trust fund is scheduled for legislative review under s. 19(f)(2), Art. III of the State Constitution, each clerk of the circuit court shall file a report on the Public Records Modernization Trust Fund with the President of the Senate and the Speaker of the House of Representatives. The report must itemize each expenditure made from the trust fund since the last report was filed; each obligation payable from the trust fund on that date; and the percentage of funds expended for each of the following: equipment, maintenance of equipment, personnel training, and technical assistance. The report must indicate the nature of the system each clerk uses to store, maintain, and retrieve public records and the degree to which the system has been upgraded since the creation of the trust fund. (e) An additional service charge of $4 per page shall be paid to the clerk of the circuit court for each instrument listed in s. 28.222, except judgments received from the courts and notices of lis pendens, recorded in the official records. From the additional $4 service charge collected: 1. If the counties maintain legal responsibility for the costs of the court-related technology needs as defined in s. 29.008(1)(f)2. and (h), 10 cents shall be distributed to the Florida Association of Court Clerks and Comptrollers, Inc., for the cost of development, implementation, operation, and maintenance of the clerks’ Comprehensive Case Information System; $1.90 shall be retained by the clerk to be deposited in the Public Records Modernization Trust Fund and used exclusively for funding court-related technology needs of the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall be distributed to the board of county commissioners to be used exclusively to fund court-related technology, and court technology needs as defined in s. 29.008(1)(f)2. and (h) for the state trial courts, state attorney, public defender, and criminal conflict and civil regional counsel in that county. If the counties maintain legal responsibility for the costs of the court-related technology needs as defined in s. 29.008(1)(f)2. and (h), notwithstanding any other provision of law, the county is not required to provide additional funding beyond that provided in this section for the court-related technology needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All court records and official records are the property of the State of Florida, including any records generated as part of the Comprehensive Case Information System funded pursuant to this paragraph and the clerk of court is designated as the custodian of such records, except in a county where the duty of maintaining official records exists in a county office other than the clerk of court or comptroller, such county office is designated the custodian of all official records, and the clerk of court is designated the custodian of all court records. The clerk of court or any entity acting on behalf of the clerk of court, including an association, may not charge a fee to any agency as defined in s. 119.011, the Legislature, or the State Court System for copies of records generated by the Comprehensive Case Information System or held by the clerk of court or any entity acting on behalf of the clerk of court, including an association. 2. If the state becomes legally responsible for the costs of court-related technology needs as defined in s. 29.008(1)(f)2. and (h), whether by operation of general law or by court order, $4 shall be remitted to the Department of Revenue for deposit into the General Revenue Fund. (14)(a) Oath, administering, attesting, and sealing of court records not otherwise provided for in this section: 3.50, from which the clerk shall remit 0.50 to the Department of Revenue for deposit into the General Revenue Fund. (b) Oath, administering, attesting, and sealing of records that are not court records not otherwise provided for in this section: 3.50. (15)(a) For validating certificates or any authorized bonds that are court records, each: 3.50, from which the clerk shall remit 0.50 each to the Department of Revenue for deposit into the General Revenue Fund. (b) For validating certificates or any authorized bonds that are not court records, each: 3.50. (16) For preparing affidavit of domicile: 5.00. (17) For exemplified certificates, including the signing and sealing of them: 7.00, from which the clerk shall remit 1.00 to the Department of Revenue for deposit into the General Revenue Fund. (18)(a) For authenticated certificates that are court records, including the signing and sealing of them: 7.00, from which the clerk shall remit 1.00 to the Department of Revenue for deposit into the General Revenue Fund. (b) For authenticated certificates that are not court records, including the signing and sealing of them: 7.00. (19)(a) For issuing and filing a subpoena for a witness, not otherwise provided for in this section, including the writing, preparing, signing, and sealing of it: 7.00, from which the clerk shall remit 1.00 to the Department of Revenue for deposit into the General Revenue Fund. (b) For signing and sealing only: 2.00, from which the clerk shall remit 0.50 to the Department of Revenue for deposit into the General Revenue Fund. (20)(a) For approving a court bond: 8.50, from which the clerk shall remit 1.00 to the Department of Revenue for deposit into the General Revenue Fund. (b) For approving a bond: 8.50. (21)(a) For searching court records, for each year’s search: 2.00, from which the clerk shall remit 0.50 for each year’s search to the Department of Revenue for deposit into the General Revenue Fund. (b) For searching records that are not court records, for each year’s search: 2.00. (22) For processing an application for a tax deed sale (includes application, sale, issuance, and preparation of tax deed, and disbursement of proceeds of sale), other than excess proceeds: 60.00. (23) For disbursement of excess proceeds of tax deed sale, first $100 or fraction thereof: 10.00. (24) Upon receipt of an application for a marriage license, for preparing and administering of oath; issuing, sealing, and recording of the marriage license; and providing a certified copy: 30.00. (25) For solemnizing matrimony: 30.00. (26) For sealing any court file or expungement of any record: 42.00, from which the clerk shall remit 4.50 to the Department of Revenue for deposit into the General Revenue Fund. (27)(a) For receiving and disbursing all restitution payments, per payment: 3.50, from which the clerk shall remit 0.50 per payment to the Department of Revenue for deposit into the General Revenue Fund. (b) For receiving and disbursing all partial payments, other than restitution payments, for which an administrative processing service charge is not imposed pursuant to s. 28.246, per month: 5.00. (c) For setting up a payment plan, a one-time administrative processing charge in lieu of a per month charge under paragraph (b): 25.00. (28) Postal charges incurred by the clerk of the circuit court in any mailing by certified or registered mail must be paid by the party at whose instance the mailing is made. (29) For furnishing an electronic copy of information contained in a computer database: a fee as provided for in chapter 119. History. — s. 1, ch. 3106, 1879; RS 1394; GS 1839; RGS 3084; ss. 1, 2, ch. 11893, 1927; CGL 4867; s. 2, ch. 29749, 1955; s. 1, ch. 63-45; s. 5, ch. 70-134; s. 1, ch. 77-284; s. 1, ch. 78-367; s. 1, ch. 79-266; s. 12, ch. 79-400; s. 1, ch. 82-205; s. 35, ch. 85-180; s. 2, ch. 85-249; s. 22, ch. 87-95; s. 2, ch. 87-145; s. 1, ch. 88-176; s. 1, ch. 92-200; ss. 5, 13, ch. 94-348; s. 5, ch. 95-214; s. 2, ch. 2000-144; s. 90, ch. 2003-261; s. 28, ch. 2003-402; s. 16, ch. 2004-265; s. 6, ch. 2005-236; s. 14, ch. 2007-62; s. 6, ch. 2008-111; s. 2, ch. 2012-100; s. 3, ch. 2013-109; s. 6, ch. 2019-58; s. 2, ch. 2021-116. 28.2401 Service charges and filing fees in probate matters. (1) Except when otherwise provided, the clerk may impose service charges or filing fees for the following services or filings, not to exceed the following amounts: (a) Fee for the opening of any estate of one document or more, including, but not limited to, petitions and orders to approve settlement of minor’s claims; to open a safe-deposit box; to enter rooms and places; for the determination of heirs, if not formal administration; and for a foreign guardian to manage property of a nonresident; but not to include issuance of letters or order of summary administration .......... $230 (b) Charge for caveat .......... $40 (c) Fee for petition and order to admit foreign wills, authenticated copies, exemplified copies, or transcript to record .......... $230 (d) Fee for disposition of personal property without administration .......... $230 (e) Fee for summary administration — estates valued at $1,000 or more .......... $340 (f) Fee for summary administration — estates valued at less than $1,000 .......... $230 (g) Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings .......... $395 (h) Fee for guardianship proceedings of person only .......... $230 (i) Fee for veterans’ guardianship pursuant to chapter 744 .......... $230 (j) Charge for exemplified certificates .......... $7 (k) Fee for petition for determination of incompetency .......... $230 The clerk shall remit $115 of each filing fee collected under paragraphs (a), (c)-(i), and (k) to the Department of Revenue for deposit into the State Courts Revenue Trust Fund. (2) Upon application by the clerk and a showing of extraordinary circumstances, the service charges or filing fees set forth in this section may be increased in an individual matter by order of the circuit court before which the matter is pending, to more adequately compensate for the services performed or filings made. (3) An additional service charge of $4 on petitions seeking summary administration, formal administration, ancillary administration, guardianship, curatorship, and conservatorship shall be paid to the clerk. The clerk shall transfer $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall transfer 50 cents to the Department of Revenue for deposit into the Department of Financial Services’ Administrative Trust Fund to fund clerk education. No additional fees, charges, or costs shall be added to the service charges or filing fees imposed under this section, except as authorized by general law. (4) Recording shall be required for all petitions opening and closing an estate; petitions regarding real estate; and orders, letters, bonds, oaths, wills, proofs of wills, returns, and such other papers as the judge shall deem advisable to record or that shall be required to be recorded under the Florida Probate Code. History. — s. 5, ch. 1981, 1874; s. 2, ch. 3888, 1889; RS 1592, 1596; GS 2056, 2060; RGS 3347, 3351; CGL 5200, 5204; s. 1, ch. 19174, 1939; CGL 1940 Supp. 2877(115); s. 1, ch. 21960, 1943; s. 1, ch. 28152, 1953; s. 1, ch. 65-430; s. 1, ch. 72-397; s. 16, ch. 73-333; s. 2, ch. 77-284; s. 2, ch. 78-367; s. 13, ch. 79-400; s. 25, ch. 81-259; s. 3, ch. 87-145; s. 5, ch. 91-152; s. 1, ch. 93-268; s. 2, ch. 96-209; s. 5, ch. 2001-122; s. 29, ch. 2003-402; s. 2, ch. 2004-5; s. 17, ch. 2004-265; s. 7, ch. 2008-111; s. 4, ch. 2009-61; s. 7, ch. 2019-58; s. 2, ch. 2023-284. Note. — Former s. 36.17. 28.2402 Cost recovery; use of the circuit court for ordinance or special law violations. (1)(a) In lieu of payment of a filing fee under s. 28.241, a filing fee of $10 shall be paid by a county or municipality when filing a county or municipal ordinance violation or violation of a special law in circuit court. This fee shall be paid to the clerk of the court for performing court-related functions. A county or municipality is not required to pay more than one filing fee for a single filing against a single defendant that contains multiple alleged violations. A filing fee, other than that imposed under this section, may not be assessed for initiating an enforcement proceeding in circuit court for a violation of a county or municipal code or ordinance or a violation of a special law. The filing fee shall not apply to instances in which a county or municipality has contracted with the state, or has been delegated by the state, responsibility for enforcing state operations, policies, or requirements under s. 125.69, s. 166.0415, or chapter 162. (b) No other filing fee may be assessed for filing the violation in circuit court. If a person contests the violation in court, the court shall assess $40 in costs against the nonprevailing party. The county or municipality shall be considered the prevailing party when there is a finding of violation to any count or lesser included offense of the charge. Costs recovered pursuant to this paragraph shall be deposited into the clerk’s fine and forfeiture fund established pursuant to s. 142.01. (2) To offset costs incurred by the clerks of the court in performing court-related functions associated with the processing of violations of special laws and municipal ordinances, 10 percent of the total amount of fines paid to each municipality for special law or ordinance violations filed in circuit court shall be retained by the clerk of the court for deposit into the clerk’s fine and forfeiture fund established pursuant to s. 142.01, except for fines a portion of which the clerk of the court retains pursuant to any other provision of state law. A municipality does not include the unincorporated areas, if any, of a government created pursuant to s. 6(e), Art. VIII of the State Constitution. History. — s. 30, ch. 2003-402; s. 18, ch. 2004-265; s. 7, ch. 2005-236. 28.2405 Comprehensive Case Information System. All clerks of the circuit court shall participate in the Comprehensive Case Information System of the Florida Association of Court Clerks and Comptrollers, Inc., and shall submit electronic case data to the system based on the case types designated by the Supreme Court. History. — s. 3, ch. 2012-100. 28.241 Filing fees for trial and appellate proceedings. (1) Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have elapsed since the filing of a final order or final judgment with the clerk. If a fee is not paid upon the filing of the pleading as required under this section, the clerk shall pursue collection of the fee pursuant to s. 28.246. (a)1.a. Except as provided in sub-subparagraph b. and subparagraph 2., the party instituting any civil action, suit, or proceeding in the circuit court shall pay to the clerk of that court a filing fee of up to $395 in all cases in which there are not more than five defendants and an additional filing fee of up to $2.50, from which the clerk shall remit $0.50 to the Department of Revenue for deposit into the General Revenue Fund, for each defendant in excess of five. Of the first $200 in filing fees, $195 must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $4 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services and used to fund the contract with the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund audits of individual clerks’ court-related expenditures conducted by the Department of Financial Services. b. The party instituting any civil action, suit, or proceeding in the circuit court under chapter 39, chapter 61, chapter 741, chapter 742, chapter 747, chapter 752, or chapter 753 shall pay to the clerk of that court a filing fee of up to $295 in all cases in which there are not more than five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $100 in filing fees, $95 must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $4 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services and used to fund the contract with the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund audits of individual clerks’ court-related expenditures conducted by the Department of Financial Services. c. An additional filing fee of $4 shall be paid to the clerk. The clerk shall remit $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall remit 50 cents to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk education provided by the Florida Clerks of Court Operations Corporation. An additional filing fee of up to $18 shall be paid by the party seeking each severance that is granted, from which the clerk shall remit $3 to the Department of Revenue for deposit into the General Revenue Fund. The clerk may impose an additional filing fee of up to $85, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties shall be paid by the party at whose instance service is made. Additional fees, charges, or costs may not be added to the filing fees imposed under this section, except as authorized in this section or by general law. 2.a. Notwithstanding the fees prescribed in subparagraph 1., a party instituting a civil action in circuit court relating to real property or mortgage foreclosure shall pay a graduated filing fee based on the value of the claim. b. A party shall estimate in writing the amount in controversy of the claim upon filing the action. For purposes of this subparagraph, the value of a mortgage foreclosure action is based upon the principal due on the note secured by the mortgage, plus interest owed on the note and any moneys advanced by the lender for property taxes, insurance, and other a