LEON COUNTY CLERK OF COURT

OPERATING POLICY AND PROCEDURE MANUAL

COURTS DEPARTMENT

Policy # 9-26 /

TOPIC: Recording of Court Documents in Official Records

EFFECTIVE DATE:
08/28/2013 / REVISION DATE:
05/28/2015 / 08/28/15 / APPROVED BY:
Gypsy Bailey

A.Purpose: To implement consistent practices concerning the assessment of fees and recording of court documents in the Official Records of Leon County.

B.Form: Certificate of Scrivener’s Error – located at g/courts department/forms.

C.Recording Fees

1.The following documents require payment of statutory recording fees before they can be recorded:

a.Notice of Lis Pendens

b.Amended Notice of Lis Pendens

c.Release of Lis Pendens

d.Discharge of Lis Pendens

e.Order Dropping Parties when a previous Lis Pendens has been filed

f.Release of Judgment

g.Assignment of Judgment

h.Assignment of Bid

i.Satisfaction of Judgment

j.Discharge of Lien

k.Certified copy of Foreign Judgment and accompanying affidavit

2.Recording Fees

a.Document up to 8.5 x. 14”

  1. 1st Page$10.00
  2. Each additional page$ 8.50
  3. More than 4 defendants, per name$ 1.00

b.Lis Pendens

  1. 1st page$ 5.00
  2. 2nd page$ 4.00

3.FS 28.101(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."

4.Exceptions to collecting recording fees:

a.Probate-related documents per FS 28.223(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."

b.Satisfactions of judgments recorded in criminal collections cases where a defendant paid a payment plan in full (not civil judgments) – per the Clerk.

D.E-recording Process in Benchmark

1.Docket codes that have been identified as “100%” recorded will automatically prompt e-recording.

2.After docketing the appropriate docket code, click on the docket code you are scanning to and click Scan (single page icon) or Scan Duplex (multiple page icon)

3.Enter the number of pages being scanned

4.Click OK

5.Click OK at the pop-up confirming the number of pages

6.At the pop-up “This document needs to be erecorded, do you want to e-record this document now?” Click “Yes”The scanned images will appear in a pop-up box that will allow you to verify that all pages scanned, all pages have the recorded stamp and if needed, you can deskew the images to straighten them.

7.Using the “move next” arrow to the right of your page count, verify that the images are all scanned and do not require straightening. For any images that do require straightening, click on Tools (above image) / Functions / Deskew.

8.After checking all documents and making any necessary corrections and verifying that the name/case / docket code is correct for the case, click Continue. You must be on the last page of your document. If you receive a pop-up “All pages must be reviewed before closing the screen. Please review all pages to ensure that the recording stamp has been applied”, you are not on the last page of the document.

9.E-recording J&S with Fingerprints: These will be recorded at 600 DPI without exception, per agreement w/ the SAO and other industry standards -

  1. Docket codes that have been identified as “100%” recorded will automatically prompt e-recording.
  2. After docketing the appropriate docket code, click on the docket code you are scanning to and click the red tool box (SCAN With UI)
  3. Enter the number of pages (minus the fingerprint page)
  4. Place all pages except the fingerprint page in the scanner
  5. Click OK
  6. At the Twain pop-up, make sure you are set for 300 DPI. If the J&S is printed front and back, make sure you are set for Duplex
  7. Click Scan. If the Twain pop-up box does not auto close, close the pop-up.
  8. At the pop-up “This document needs to be erecorded, do you want to e-record this document now?”, click No
  9. Place your fingerprint page in the scanner
  10. Using the arrows to the left and right of the image page count, scroll through the pages until you are on the last page.
  11. Click the red tool box (SCAN With UI)
  12. Select Append
  13. Enter the page count (1)
  14. Click OK
  15. In the Twain pop-up box, update the Resolution to 600.
  16. If the document is two sided, make sure you are on Duplex – otherwise ADF (Front Side)
  17. Click Scan. If the Twain pop-up box does not auto close, close the pop-up.
  18. At the pop-up “This document needs to be e-Recorded, do you want to e-record this document now” – Click Yes. The J&S will appear in a pop-up box.
  19. Using the arrows to the left and right of the image page count, scroll through the pages to ensure they do not need straightening (Tool / Functions / Deskew). Verify that the recorded stamp is on each page and that the name/case number is correct.
  20. If any of the pages are out of order, with the page that needs to be moved visible, use the up and down arrows to the right of Reorder until the pages are in the proper order. While on the last page of the document, click Continue. If you receive a pop-up “All pages must be reviewed before closing the screen. Please review all pages to ensure that the recording stamp has been applied”, you are not on the last page of the document

E.Correction or Removal of Recorded Documents from Official Records

1.If staff makes a mistake in sending a document to e-recording (wrong document erecorded, right document but recorded in wrong case, etc.), and the mistake is noticed immediately, staff will notify Official Records by email, copying the division supervisor, and request a void. Official Records’ ability to void is dependent on whether they have processed the e-recording from the queue.

2.If the document has already been processed, staff will prepare a Certificate of Scrivener’s Error form and send it to OR for e-recording.

3.If a revised document has been erecorded, add the new book/page to # 5 on the Certificate of Scrivener’s Error. If there is no revised document, add N/A to #5 of the Certificate of Scrivener’s Error.

4.Send the Certificate of Scrivener’s Error to OR with a note to return to you.

5.The certificate will be docketed and scanned to the case using the CRSE code

6.If a court later seals or expunges a case in which a judgment/order has been issued, staff will send Official Records an email, with a scanned copy of the order attached. No additional form is required for Official Records to seal/expunge the erecorded document.

7.If the e-recording error was done in BM and the error is that the document was erecorded to the wrong case, this can be corrected in-house. OR only has the defendant name as a reference and it is not tied to a case.

a.Verify in OR that when you search by the correct name, the document shows recorded and the name and case number on the recorded document are correct.

b.Pull up the case that was recorded to in error and on the Docket tab make note of the docket code and docket date.

c.Pull up the case that should have had the document e-recorded and add the appropriate docket code /docket date for the e-recording.

d.Pull up the case that had the document e-recorded in error.

e.On the Dockets tab, highlight the document you are going to move.

f.Click on the Tools above the image.

g.Move Document/Page > Move Entire Document>Create New Document.

h.Enter the case number you are moving the document to. Must be exact: 2013 CT 000123 A, 2013 DR 001234, then click Search.

i.From the Documents drop down list, select the docket you just added.

j.Click OK.

k.Click on the tab with the case you just moved the document to and verify that the document is there.

l.Click back to the other case, copy the entire docket you just moved by double clicking in the text, swipe and CTRL C.

m.Click on the red X to delete the docket you just copied.

n.Click Yes at the pop-up.

o.Click back on the other case and paste the docket you copied by double clicking in the new docket code you created, swipe and CTRL V.

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DOCUMENTS TO BE RECORDED / LEGAL/OTHER AUTHORITY FOR RECORDING / DOCKET CODES / RECORDED 100% of the time (√) or explain
CIVIL
Judgments / FS 28.222(3)(c), 28.29
* Final Judgment (original and amended) – includes partial, foreign, garnishment, summary, default, final summary, and FJ of arbitration award(stipulated and conditional judgments are not recorded) / FS 55.501, 684.29 / FIJU, FRJU, SUJU, DFFJ, FJMF, FSJU, SSFJ / √
* Release of Judgment / FS 28.222(3)(c) / SAJU / Only when recording fee is paid
* Satisfaction of Judgment (original and amended) – includes partial / FS 55.141(2) / SAJU / Only when recording fee is paid
Lis Pendens / FS 28.222(3)(b), 48.23
* Discharge of Lis Pendens / LIPE OR LP and rest typed in / Only when recording fee is paid
* Dropping parties in a Lis Pendens / LIPE OR LP and rest typed in / Only when recording fee is paid
* Lis Pendens/Notice of Lis Pendens (original & amended) / LIPE OR LP and rest typed in / Only when recording fee is paid
* Notice of Dismissal or Order Dropping Parties when a Lis Pendens was previously filed / LIPE OR LP and rest typed in / Only when recording fee is paid
* Release of Lis Pendens / LIPE OR LP and rest typed in / Only when recording fee is paid
Orders / FS 28.29
* Amended Order / Could be any code used for order/final judgment with the word amended added / Only when original order is recorded; only orders re dismissals and judgments.
* Order approving settlements / FS 28.29 / OAS / Only if closes record or case
* Final Order / FS 28.29 / FIOR / √
* Order Dismissing/Vacating/Setting Aside / FS 28.29 / OCMO, ORDS, ODC / √
* Order Dismissing Case for Lack of Prosecution (DLOP) / FS 28.29 / ORDM / Not recorded, done by judiciary via automated processes
* Order of Taking – condemnation cases / FS 28.29 / N/A / Only when recording fee is paid
Other
* Certificate of Title / FS 28.222(4) / CETI / √
* Notice of Appeal (Original and Amended) and Notice of Cross Appeal / Rule 9.040(g) / NOAP, ATDC, ANOA, ANDA, NOCA / √
* RICO Lien Notice / FS 895.07(1) / If we had one, would probably use NOTI, then type in rest / Yes by statute – no fee required
* Foreign Judgment Affidavit / FS 55.604(4) / FJAF / √
CRIMINAL / All judgments and sentences, since 2008, per agreement with SAO
Judgments of Guilt / FS 55.10 (certified copies)
* Criminal Traffic (DUI, BUI, DWLSR) / FS 316.193, 322, 327.35 / JS, JDSE / √
* Felony (all case types) / FS 921.241, Rule 3.670 / JS, JDSE / √
* Misdemeanor (prostitution, theft, battery, assault, violation of injunction) / FS 784, 796.07(4), 812.014(3), 921.24 / JS, JDSE / √
Judgments - Other / FS 28.222
* Judgment of Attorneys’ Fees & Costs / FS 938.29 / FJPD / √
* Fines & Costs judgment/civil judgment and Satisfaction / FS 28.222(3)(c), 28.29 / CJCF, CJCJ, CJCT, CJMM, CJOVS,AJU, SATREC / √
* Forfeiture judgment / FS 903.26 / FJBE, BECJ / √
* Not Guilty judgment / FS 921.241, Rule 3.670 / ACQT / √
* Order Setting Aside Judgment of Guilty / Court order, FS 28.29 / OVJS / √
* Restitution judgment(civil restitution orders under ch. 960 can be recorded if recording fee paid by victim) / FS 775.089(5) / RECJ / Only if directed by court order or when recording fee is paid
* Final Judgment on Bond Forfeiture, Order to Vacate, and Satisfaction / FS 28.222(3)(c), 903.26, 903.27 / FJBE , SATREC, SAJU, PDSJ / √
*Order Terminating Probation, Supervision fees reduced to CJ / OTCJ / √
*Order Civil Judging Outstanding Pretrial Administrative Fees / OCJP / √
FAMILY LAW
Judgments / FS 28.222
* Child Support & Alimony judgment / FS 28.29, 61.14 / FIJU / √
* Injunction Against Dating Violence / FS 28.29 / INDA / √
* Injunction Against Domestic Violence / FS 28.29 / INDV / √
* Injunction Against Repeat Violence / FS 28.29 / INRV / √
* Injunction Against Sexual Violence / FS 28.29 / INSV / √
* Injunction Against Stalking / FS 28.29 / INSK / √
* Order Extending Injunction / FS 28.29 / OEIJ / Record if Final
* Modification of Final Injunction Order / FS 28.29 / MFIO / √
* Final Judgment (original & amended) / FS 28.29 / FIJU, AMFJ / √
* Satisfaction of Support (partial or full) / FS 28.222(3)(c), 61,14, 61.15(6) / SAJU / √
Notices
* Notice of Appeal / Rule 9.040(g) / NOAP/ATDC, NOCA, NCRA / √
* Notice of Lis Pendens (original & amended) / FS 28.222(3)(b), 48.23 / LP / √
Orders / FS 28.29
* Child Support Order, Recommended Orders / FS 61.14 / FIJU, ROOO / Recommended orders note recorded unless approved by judge
* Recommended Order on Petition for Support / FS 61.14 / ROPS / √
* Order Dissolving Injunction / FS 28.29 / ODDV / Record if final
* Order Dismissing Temporary Injunction / FS 28.29 / ODTI / No
* Voluntary Dismissal of Injunction / FS 28.29 / VDDV / Record if final
* Order of Modification of child support / FS 61.14 / MODO / √
* Income Deduction Order / FS 61.14 / IDEO / √
* Order to Move Case (like a DLOP noted in the civil area) / Rule 1.420, Rule 12.420 / OMOD / Not recorded
* Qualified Domestic Relations Orders (QUADRO) – original & amended / FS 28.222 / QDRO
AGDRO / √
JUVENILE (Dependency & Delinquency)
* Judgment for Attorney Fees and Costs – PD or Conflict Counsel / FS 938.29 / N/A / Not recorded (but civil judgments for restitution are)
* Order for payment of attorney fees and costs - DP / FS 984.08(3)(b) / N/A / Not recorded
* Lien against Parent/Legal Guardian for Fees/Costs - DP / FS 984.08(3)(c) / LAPG / √
* Order of Removal of Disability of Non-Age / FS 743.015(8) / ORNA / √
OTHER
* Administrative Orders (Gypsy) / FS 28.29, Rule 2.050(e)(3) / N/A / √
PROBATE
Death Certificates / FS 28.222
* Certified copy, excluding confidential information per FS 382.008 / FS 28.222(3)(g) / DC / Only when attached to petition
* Certified copy from another state, regardless of confidential information / FS 28.222(3)(g) / DC / Only when attached to petition
Orders (original & amended) / FS 28.22
* Affecting/Describing Real Property / FS 28.223(1) / ODH, ECL / √
* Final Discharge / FS 28.223(1) / OD, OSA, DPP / √
* Revoking Probate of Wills/Codicils / NO SPECIFIC DOCKET CODE (ORDER) / √
* Order Appointing Personal Rep/Order Appointing Guardian / FS 28.223(1) / OAPR, OAG, OAPG,
OAEG, OALG / √
Other
* Affidavit of No Florida Estate Tax Due, DR 312 / FS 198.32(2) / ANF / √
* Any orders, letters, bonds, oaths, wills, proofs of wills, returns and such other papers as the judge shall deem advisable to record. / FS 28.2401(4) / As ordered
* Codicils & Wills admitted to probate, and Orders Revoking / FS 28.223(1) / COD / √
* Disclaimer of interests in property / FS 732.801(4)(b) / DISC / √
* Other documents required to be recorded by the court and/or the Probate Rules / FS 28.22, 28.223(1), 28.2401(4)
* Transcripts of proceedings – certified, all or part of any probate/administration proceedings in FL or another state – MAY be recorded / FS 28.223(4) / PATR / √
* Letters of Administration / Letters of Guardianship / FS 28.223(1) / LA, LOG, LOLG, LOPG, LOMP, LOPR / √
*Oath of Personal Representative/Guardian / FS 28.2401(4) / OPRD, OGAA, OGDA / √
Petitions
* Amended and Original Petitions opening/closing estates / Guardianships / FS 28.2401(4) / PA, PA1, PAA1, PAC, PAC1, PAFW, DPP, PSA1, PSA2 / √
* Regarding real estate / FS 28.2401(4) / NTAX, PDH, ECL / √

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