Florida Statutes 28.47 – Recording notification service; related services; public records exemption
Current as of: 2024 | Check for updates
|
Other versions
(1) On or before July 1, 2024, each clerk of the circuit court must create, maintain, and operate a free recording notification service which is open to all persons wishing to register for the service. For purposes of this section, the term:
(a) “Land record” means a deed, mortgage, or other document purporting to convey or encumber real property.
Terms Used In Florida Statutes 28.47
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) “Monitored identity” means a personal or business name or a parcel identification number submitted by a registrant for monitoring under a recording notification service.
(c) “Recording notification” means a notification sent by electronic mail indicating to a registrant that a land record associated with the registrant’s monitored identity has been recorded in the public records of the county.
(d) “Recording notification service” means a service which sends automated recording notifications.
(e) “Registrant” means a person who registers for a recording notification service.
(2) The clerk must ensure that registration for the recording notification service is possible through an electronic registration portal, which portal must:
(a) Be accessible through a direct link on the clerk’s official public website;
(b) Allow a registrant to subscribe to receive recording notifications for at least five monitored identities per valid electronic mail address provided;
(c) Include a method by which a registrant may unsubscribe from the service;
(d) List a phone number at which the clerk’s office may be contacted during normal business hours with questions related to the service; and
(e) Send an automated electronic mail message to a registrant confirming his or her successful registration for or action to unsubscribe from the service, which message must identify each monitored identity for which a subscription was received or canceled.
(3) When a land record is recorded for a monitored identity, a recording notification must be sent within 24 hours after the recording to each registrant who is subscribed to receive recording notifications for that monitored identity. Such notification must contain, at a minimum:
(a) Information identifying the monitored identity for which the land record was filed;
(b) The land record’s recording date;
(c) The official record book and page number or instrument number assigned to the land record by the clerk;
(d) Instructions for electronically searching for and viewing the land record using the assigned official record book and page number or instrument number; and
(e) A phone number at which the clerk’s office may be contacted during normal business hours with questions related to the recording notification.
(4) There is no right or cause of action against, and no civil liability on the part of, the clerk with respect to the creation, maintenance, or operation of a recording notification service as required by this section.
(5)(a) This section does not require the clerk or property appraiser to provide or allow access to a record or information which is confidential and exempt from s. 119.07(1) and Fla. Const. Art. I, § 24(a) or to otherwise violate the public records laws of this state.
(b) All electronic mail addresses, telephone numbers, personal and business names, and parcel identification numbers submitted to the clerk or property appraiser for the purpose of registering for a recording notification service or a related service pursuant to this section are confidential and exempt from s. 119.07(1) and Fla. Const. Art. I, § 24(a), except upon court order. This paragraph applies to information held by the clerk or property appraiser before, on, or after May 6, 2024. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature.
(6) This section also applies to county property appraisers who have adopted an electronic land record notification service before July 1, 2023.
(a) The property appraiser may use a verification process for persons wishing to register for the electronic land record notification service to ensure the integrity of the process.
(b) For purposes of this subsection only, and notwithstanding paragraph (1)(a) and subsection (3):
1. “Land record” means a deed or other document purporting to convey real property.
2. When a land record is recorded for a monitored identity, the property appraiser must send a recording notification to each registrant who is subscribed to receive recording notifications for that monitored identity within 24 hours after the instrument being reflected on the county tax roll.