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Effective June 1, 2008: Florida Statute 201.022, is repealed, per Chapter 2008-24. The repeal means that the DR-219 form (Return of Transfers of Interest in Real Property), previously required as a condition of recording for any document transferring an interest in real property, will no longer exist.
Please be advised that Florida Statute 201.02(1), the obligation to pay documentary stamp tax is computed at the rate of $0.70 per $100.00 of the total consideration paid, or to be paid, for the transfer (consideration is rounded up to the nearest hundred), still is in effect. Also still in effect is Florida Statute 201.02(3), the requirement that the documentary stamp taxes be paid to the Clerk of the Circuit Court, as County Recorder, upon recording of a deed or other document transferring an interest in real property.
Failure to pay the full amount of documentary stamps due will result in a penalty under Florida Statute 201.17(2)(b). The penalty is equal to 10 percent of any unpaid tax and may escalate to 50 percent of the unpaid tax, depending on the amount of time the tax is unpaid. Interest of one percent per month is charged based upon the amount of tax due from the date of recordation until the tax is paid.
There is a continuing obligation to pay documentary stamp taxes based on the actual consideration or value paid for the deed transferring any interest in real property. If incorrect documentary stamp taxes are paid, penalty and interest may accrue.
If you have any questions, we suggest that you contact the Florida Department of Revenue Taxpayer Services, Monday through Friday, 8 a.m. to 7 p.m., ET, at 800-352-3671. Or you may want to contact James McAdams, Program Director, Property Tax Oversight, Florida Department of Revenue, PO Box 3000, Tallahassee, FL 32315-3000, 850-488-3338, dorpto@dor.state.fl.us.
Notice about Death Certificates: On the advice of the Clerk’s Office’s attorney, an uncertified copy of a death certificate cannot be recorded in the Official Records, regardless of whether it is presented by itself or attached to another document. Until a court or the Attorney General deems otherwise, we will not accept uncertified copies of death certificates for recording, even if attached to another document.
Protecting your Information: Prior to the implementation of a Florida Law which requires that images of County Official Records be published on the Internet by 2006, measures were developed to protect the most sensitive type of information. Also, on or after October 1, 2002, any person preparing or filing a document for recording in the Official Record may not include a social security number in such document unless required by law.
Florida Statute 119.07 provides that images of the following types of documents may not be placed on a publicly available Internet website
Document types identified above which have been recorded in the county Official Records prior to the effective date of Florida Statute 119.07 will continue to be displayed on the Internet website unless a written request for removal has been presented to the Clerk.
Any affected person may request that the Clerk of Court remove an image of one of the above-listed documents from a publicly available Internet website. This request must be in writing and may be delivered in person, by mail, electronically, or by facsimile. The request must specify the identification page number of the document to be removed. Forms are available in our office or you can download the Request to Remove Exempt Information (pdf).
No fee is charged for this service.
Florida law requires that images and copies of the above listed documents remain on file and available to the public upon request in the office of the Clerk.
Special Notice to Veterans: In recognition that there is sensitive information contained in a military discharge document SB24-E as passed in the 2002 E Special Legislative Session was passed.
Any veteran of the United States Armed Forces or his or her widow or widower, attorney, personal representative, executor, or court appointed guardian has the right to request the Clerk to remove from the Official Records any military-separation forms recorded by or on behalf of the requesting veteran. The forms eligible for removal include: DD-214, DD-215, WD AGO 53, WD AGO 53-55, NAVMC 78-PD, and NAVPERS 553.
The request must be made in person at the Clerk’s office. The requestor must present appropriate identification and be able to specify the official record book and page number of the form to be removed. No fee is charged for this service.
Please be advised that once your request is implemented, there will no longer be any record of the removed document in the official records and such process will be permanent and irreversible. Please obtain as many certified copies of your separation document as you might need in the future before removal is made.
