Introduction to Records New Clerk Academy

Transcription

1 Introduction to Records New Clerk Academy Thursday, December 6, :00 p.m. to 4:40 p.m. 1

2 Meeting Objectives The purpose of this session is to provide a basic understanding of the Clerk s duties related to records. We will review the history of recording and why documents are recorded. Define what is an official record vs public record. Review basic records management and document storage. Attendees are encouraged to ask any question they have regarding the subject matter. Questions do not have to be held till the end of the session. 2

3 Clerk s Duties Related to Records The Clerk has many records-related duties defined by Statute. Clerk to the board of county commissioners. Clerk to the Value Adjustment Board. Maintain Papers and electronic filings. Be the County Recorder. 3

4 Official Records FS 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. (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:... 4

5 Why Record Property Records? Secures Property Rights Protection against infringement of these rights by others Convenient methods for transferring and encumbering these rights Economic value to proof of ownership 5

6 Can anything be recorded? No, only documents authorized by Florida Law can be recorded in the Official Records. Unless authorized to record, it is not recordable. Very few examples of laws stating what is not recordable. Closing Orders and Judgments for Civil Cases. Defined Probate documents. 6

7 Official Record vs Public Record FS Definitions. (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 (2) Public records has the same meaning as in s and includes each official record. Public record is a document created or stored by a government in the course of its business. All Official Records are Public Records but not all Public Records are Official Records. Official Records are permanent vs specified retention. 7

8 Official Records Purpose The purpose of Official Records is to give notice to the world of the contents of recorded instruments. The Official Records is a series of certain documents defined by the Florida Statutes to be filed with Clerk of the Circuit Court serving as the county recorder. These records are numbered and placed in a general record series in the order in which they are filed. In addition to maintaining the documents, an alphabetical index of parties on the document is maintained to aid in the document retrieval. 8

9 It all started with books 9

10 Brief History of Recording Prior to 1955, public records were recorded in many different books depending on the type of document, i.e. mortgages, deeds, satisfactions, assignments, etc. Book were transcribed by clerks and original documents returned to the submitter. Only originals kept were plats and maps. In 1955, the law changed and FS was created. Clerks began recording in one series of books called Official Records and documents were recorded in number order rather than by the type of document. 10

11 The digital age 11

12 New Era of Recording Electronic Recording (erecording) of documents changed the recording workflow. Established by Uniform Electronic Transactions Act in Reinforced by Uniform Real Property Recording Act in FS created Florida's Uniform Real Property Electronic Recording Act in Relating to real property electronic recording FS validated recorded electronic documents. Scanning of documents began to replace micrographics (filming) of documents in the early 2000's. 12

13 Official Records Index The Official Records Index serves as a tool for searching, identifying, and retrieving the documents contained within the Official Records. It is the document that is important; it is the document itself that determines the facts or outcome of the filing. The index is only a tool to find the document. The statutory requirements for the index are found in FS (2) and are: 13

14 Official Records Index Many Clerks have added additional index fields beyond the statutory requirements: Book/Page numbers (required for plats) Parcel Numbers (PIN) Abbreviated legal descriptions Cross-references to related documents (Document Links) Court Case Numbers 14

15 Indexing Parcel Number Indexing the PIN modernizes the index with a spatial component; enabling searching and displaying on a map. No requirement but encouraged. Statue merely requires a space for the number on deeds. Unless required, can t be a reliable all-encompassing search tool. Party name is currently the only method for reliable title searching. 15

16 Access to Official Records Electronic access to Official Records F.S In 2002 required to provide an online index Restricts certain documents from being visible to public Maintain permanent archive of Official Records per FAC, Rule 1B-24, Schedule GS11 Permanent means forever! 16

17 Preservation and Integration Digital Archiving System of Engagement 17

18 Public Awareness Clerk duties are ministerial; can t provide legal advice or review of documents beyond recording requirements. Advise property owners to monitor Official Records. Assist public with monitoring service such as Property Fraud Alert. 18

19 Payment for services Official Records provides significant revenue to Clerk of Courts. All services performed by the Clerk relating to Official Records are as provided in FS (Service Charges). Majority of revenue collected is Documentary Stamps. Most goes to State except for 0.5% commission. Funding for modernizing office provided for with Modernization Trust Fund (Mod Fund). Rolls over from previous budget cycle. 19

20 Recording Fee Breakdown Recording fees are not as simple as they appear. 20

21 What are Documentary Stamps? Considered an excise tax on documents. For transfers of interest, the rate is $0.70 per $100. For encumbrances, the rate is $0.35 per $100. Also Intangible tax at rate of $0.20 per $100 Taxes collected by the Recorder are submitted to the DOR weekly. Recorder acts as an agent for DOR, keeps 0.5 % percent as commission per FS (2) 21

22 Clerk s Duties Related to Records Maintain permanent archive of Official Records per FAC, Rule 1B-24, Schedule GS11 FS Records and information management. Duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (RMLO) (b) Establish and maintain an active and continuing program for the economical and efficient management of records. 22

23 Records Management Basics Objective of Records Management The efficient, effective, and economical management of information pursuant to law. Compliance with legal, administrative, and fiscal retention requirements. Identification and protection of vital records. Increased efficiency in information storage and retrieval. Reduction in liability risks by adhering to retention schedules. 23

24 Records Management Basics Preservation, Archiving, and Digitization Know what the retention requirements are for each record series. Identify the Records Management Standards and Requirements. Have a good inventory of the records you have. Develop a clear plan, know where you want to go. 24

25 Records Management Laws Florida Laws F.S. 119 and 257 Florida Administrative Codes Rule 1B-24 and 26 State of Florida Records Retention Schedules GS-11 Clerk of Courts 25

26 Records Management Steps Steps to Manage Records Designate a Records Coordinator (RMLO) Prepare a Records Management Plan Prepare Vital Records Protection Plan Transfer Records Final Disposition of Records 26

27 FDOS Division of Library Services 27

28 Archival To film or not to film Microfilm has been the archival standard for many years. Not a legal requirement to make film. Once images and data are electronic, what value is film? Electronic backup not the same as archive. Develop a clear plan, know where you want to go. Archival solution Disaster recovery 28

29 Need Help? Develop peer network Establish relationships with other county recording offices, governmental agencies, frequent customers. Utilize Leon County Forum for Official Records. Respond to annual recording volume survey from Orange County Comptroller. Participate in industry organizations such as PRIA and PREP. 29

30 Final Thought Every enduring culture depends on records. Without good records, there would be no private property. Without good records, there would be no banks, no stock exchanges, no judicial system, no tax system, no workable government, and no history. In order to have accountability - legal, fiscal or governmental you have to have proper recordkeeping so that the decisions of people and public officials make can be verified. As basic as it sounds, records make all societies work. If those records are not accurate, society breaks down. The system only works if those responsible for recordkeeping embrace their obligations. Michael Mink (2008) 30

31 Conclusion Thank you! Questions? Contact information: David Rooney, Asst. Comptroller, RAD Orange County Comptroller (407) Patti Graham, Archives & Evidence Specialist Leon County Clerk and Comptroller (850)