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Florida Property Records

Property Records in Florida

Not only is Florida home to Walt Disney World, but it also has the longest coastline in the U.S. and hosts more than 7,700 lakes. Its diverse landscape supports many natural ecosystems where even crocodiles and alligators co-exist peacefully. Home to more than 21 million people, Florida has a lot of land and homes, which means plentiful property records.

If you own property in Florida or are interested in buying or selling Florida property, understanding how property records affect you will be handy.

Florida property records are public, and anyone can review them. That is why you must know what your property records say about you and that they are accurate.

This comprehensive guide was designed to give you all the information you need about public property records in Florida, including what they are, who handles them, the types, how to search for them, and how to correct inaccurate records about you.

What Are Property Records in Florida?

Property records are public records that anyone can access to learn about a piece of real property. They come in handy before buying, selling, or investing in real estate. The records are legal documents showing land ownership, sales history, ownership history, tax information, and much more.

Florida property records include a lot of information about the property itself, along with current and historical owners. The records are diverse, covering everything from land size and value to tax assessments, appraisals, mortgages, and legal issues affecting the land. Some of the things contained in property records include:

  • Deeds
  • Liens
  • Tax Records
  • Ownership History
  • Mortgage Records
  • Foreclosures
  • Plat Maps
  • Detailed Property Description
  • Easements / Conveyances
  • Property Details
  • Lot size
  • Zoning
  • Boundary Lines
  • Property Address

The list above is only partial; you can find many other pieces of information in property records.

Sources of Property Records in Florida

With most of the world digitized by now, many county clerks' offices have property records online, and the public can search through these websites. You can also check out the county appraiser's office or tax assessor's office website. You may find some of what you need in online court records. You could visit the county courthouse or county clerk's office to ask for copies of records.

Another option is to use a reputable commercial resource like PropetyChecker, which allows you to access millions of property records in seconds. You can perform unlimited searches 24/7 to see records from all over the country.

Why are Property Records Public?

Property records are public to ensure government transparency and protect the people. People have the legal right to know who owns a property and its details. This information is especially helpful during real estate transactions.

The Role of the Registry of Deeds

The Role of the Registry of Deeds

Florida does not have a registry of deeds. Instead, deeds and other property records are recorded, filed, and stored by each individual county clerk's office. Some are kept at the county courthouse. You can find tax records with the county tax assessor. Realty and title companies also possess mountains of property records.

Information may differ between the types of deeds, but the following details usually appear:

  • Names - The deed must include the names of the buyer and the seller. It may also include their contact information.
  • Price - The deed includes consideration for the property. It is the price for the transfer, which can be monetary or in other forms.
  • Specific Terms - The deed will outline any specific terms of the transfer or property use and maintenance.
  • Property Identification - The deed will identify the transferred property for legality and recording reasons.

Florida Titles

Florida property titles show the legal ownership and right to property. Individuals record titles at the County Clerk/Recorders' Office. When a property is purchased, the deed is evidence of the title transfer. Titles in Florida contain the following information:

  • Chain of Ownership - The title may show the property's ownership history.
  • Liens - The document will show any liens and claims against the property.
  • Property Description - Like most property records, a title must describe the property, including the plot number and address.
  • Restrictions - The title may describe all restrictions applicable to the use or ownership of the land. The limits may appear in the deed as well.

How Property Records are Maintained in Florida

Whenever an event occurs, such as the purchase or sale of real estate, the responsible party must file the paperwork with the county clerk's office quickly for it to become legal. Sometimes, you must pay a fee when recording documents.

Accessing Records at the Registry of Deeds in Florida

You can visit any Florida county clerk's office to request and review records. You may have to pay a fee for copies. You can also use the official county website to search for records.

Below are links to all the Florida county websites to search for public property records:

Registry of Deeds Locations in Florida

To visit the county office in person, use this list to find the location and office hours.

What are the Different Types of Property Records in Florida?

Florida public records include many different types. Those that deal specifically with property include:

Deeds and Conveyance Records

Deeds prove property ownership and conveyance. They include the owner's name and address along with the seller's name and address. The deed consists of language that explicitly conveys ownership from one person to another. The deed will also show mortgages, liens, restricted use, and easements.

Liens, Encumbrances, and Property Records in Florida

Property records show many things, including encumbrances and liens. An encumbrance is something that burdens the property, such as a "right of way" or a lien. Some of the different types of liens you may find in public property records include:

Voluntary Liens

Mortgage Liens

Whenever someone buys property with a mortgage, the lender will impose a lien on the deed. If the homeowner fails to pay off the loan, the lender can seize and sell the property to get their money back. Other types of liens, like mechanic's, judgments, and tax liens, may also show in property records.

Mortgages are typically recorded in the County Clerk/Recorder's office. Mortgages in Florida include the following information:

Mortgage Liens
  • Repayment Schedule - The document must specify the repayment schedule of the loan, including the minimal amount for each installment.
  • Interest Rate - Mortgages have different rates depending on the area and lending agency. The document will specify the interest rate of the contract.
  • Principal and Repayment Amount - The document will show the initial borrowed amount and the total to be repaid.
  • Responsibilities - The document identifies the primary responsibilities of the lender and the debtor per the agreed terms.

Involuntary Liens

Mechanic's Liens

Called a construction lien in Florida, a mechanic's lien is a tool used by contractors, subcontractors, and laborers to force the owners of a piece of property to pay them for completed work. The contractor must follow a very strict process to impose a lien. The lien is only good for one year, and the contractor must file a lawsuit within that time or risk losing their money.

Mechanic's Liens

Tax Liens

Whenever a property owner fails to pay the taxes, the local county tax assessor's office can impose a lien on the property. If the homeowner ignores the lien, the tax official can eventually foreclose on the home and sell it at auction to pay off the tax debt.

Tax Liens

Judgment Liens

Creditors can impose judgment liens on property when the homeowner does not pay them. These liens will stay on the property for five years. The creditor has the right to renew it once for another five years (a total of ten years). They must file a lawsuit against the homeowner to ensure they get paid. If the home is sold, they will be paid from the proceeds.

Judgment Liens

How Liens Affect Property Records

Liens show up on many different property records. Although the public expects to see a mortgage lien on the property, finding mechanics, judgment, or tax liens is more unusual. They can make buying and selling property difficult. Liens on property can reduce the value and soil the reputation of the current owner.

Property Tax Records

Property taxes show a lot of information as well. They will detail the property type, size, buildings, zoning, and tax rate for the area. Property tax records can also highlight ownership history, any foreclosures on the property, and tax assessments showing increased or decreased value over time.

Florida property tax records differ due to the varied tax rates across the state. Local authorities set tax rates and conduct property value assessments to determine the owed taxes. However, all appraisers must follow Title XIV of the Florida Statutes when determining property tax. The following information is accessible from a tax record in Florida:

  • Location of Property - The document will show the property's location by address and County. The county name may appear at the top rather than the address line.
  • Property Owner's Details - A property tax document must also show the owner's name to identify who is liable for unpaid taxes.
  • Tax Year - The document will highlight the tax year. It may also show a history of tax transactions for the past few years.
  • Assessed Value - The appraiser will show the property's estimated value based on local guidelines.
  • Taxable Value - Depending on local laws, the document may show the taxable value, which is different from the assessed value. It will exclude exemptions that apply to the property.
  • Tax Rates - A tax record will show the tax rate applying to the property. Tax rates can differ from County to County and depending on the year.
  • Calculations - The document may also show the tax calculations leading to the amount owed.

How Often is Property Tax in Florida Assessed?

The county property appraisers assess all real property within their jurisdictions as of January each year. Exact assessment dates differ depending on the location. For example, the Manatee Appraiser's office is responsible for tax assessment for properties within Manatee County. The Appraisers are under the Florida Department of Revenue. Appraisers must send an annual notice of proposed property taxes in August to every property owner after assessment. The basic assessment process in Florida goes as follows:

  • Property Appraisal - The property appraiser determines the property's market value by considering property size, location, comparable sales, and other factors. The appraiser will also consider the income produced if it is an income-generating property.
  • Save Our Homes Assessment Limitation - Florida has a homestead exemption known as the Save Our Homes (SOH) assessment limitation. It caps the annual assessed value for homestead properties at a maximum of 35 or the percent change in the CPI, whichever is lower. It protects homeowners from large increases in property taxes due to rising property values. If the property falls under the exemption, the appraiser will consider this.
  • Deductions - The appraiser will consider any deductions and exemptions that reduce the property's taxable value.
  • Property Tax Calculations - Finally, the assessor calculates the taxes owed using the taxable value and jurisdiction tax rate. The amount can be divided into annual or semi-annual payments. After, homeowners can appeal the property taxes if they deem them unfair.

Easements and Covenants

An easement on a property is a legal right that someone has to enter or use the property without the owner's consent. An example would be power lines installed and maintained on a piece of personally owned property. Covenants dictate how the land can be used. For instance, condo associations usually have strict rules (covenants) about how owners can use their property or common property. An example might be that unit owners are unable to decorate the outside of their condo with holiday decorations or lights.

Plats and Surveys

Plats and surveys show borders around the property. Plats show the boundaries of several neighboring properties, while surveys show only the boundaries of a specific property. Both are used to resolve boundary issues between owners.

Historical Property Records

Much of the U.S. is steeped in rich history. Property records can show information going back to when a piece of property was first owned. Some records may show that famous people owned specific properties. Historical properties may be subject to strict rules and must be maintained according to the historical society guidelines.

Searching for Property Records

Searching for Property Records

Because property records are public records, anyone can search for them without a reason. You have many available options when searching for property records. Some of the most common and most effective are:

Online Property Record Search

You can find millions of property records online through various sources. Local county websites, local court sites, and state indexes will all have online records and a search tool.

In-Person Property Record Search

You can also visit the county courthouse, county clerk's office, or tax assessor's office to review records and ask for copies. Depending on how busy they are, they may charge a fee, and you might have to wait.

Using Property Record Indexes

Realty companies, corporate firms, and others collect and maintain property records. You can use one of those free or paid services to find the records you need.

Utilizing Commercial Services

One of the most effective tools is commercial websites, where you can search online 24/7 to find unlimited records nationwide. PropertyChecker allows members to search for Florida property records and related information within seconds.

How to Search Property Records by Address

The most efficient way to search for property records is by using the physical address. Many search portals offer flexible ways to search, but most will include an address search.

How to Search Property Records by Name

Some of the online resources also link current owners with the property. You can run a name search, but it may be less effective than an address search. You can also search by a person's email or phone number using PropertyChecker, which makes things easier.

Understanding Property Ownership in Florida

Nothing is quite as lovely as owning your own home. Florida deeds prove home ownership. They link each property with its owner and historical owners. When searching for property records, you can trace the ownership all the way back to the first sale if you look hard enough.

Identifying Property Owners

Property owners are listed on many property records like deeds, liens, foreclosures, tax bills, appraisals, assessments, building permits, property insurance records, and more. Identifying a property owner using one or many of these resources is pretty straightforward. Try an online search to see what comes up. You will most likely see at least a few of the previous owners, if not the current one.

How to Find the Owner of a Property with Public Records?

You can generally search online using the property address to find the owner. Many of the online search tools will show that information. You can sometimes find free public property records in Florida on some sites.

What is Chain of Title?

Chain of title refers to the entire ownership history of a piece of property. There should be no gaps at any time. Someone always owned the property. Title searches sometimes reveal a broken chain of title.

Ownership History and Transfers

Whenever a property changes hands, there is a paper trail. That trail consists of purchase and sales agreements, deeds, liens, and other documents that outline who purchased what property from whom. Public records can piece together the entire ownership history from the first owner to the current owner. It may take a little digging, but it can be done.

Property Descriptions and Boundaries in Florida

Florida boundary lines outline a piece of real property and validate the legal ownership. On many property records, you will see a detailed description of the property. They show up in deeds, appraisals, assessments, and other documents. The property description differentiates the property from others and makes it easy for someone to identify it clearly. The description is a legal piece of information.

Surveys and Land Measurements

Surveys and land maps are often used to resolve boundary disputes. Boundary disputes are common where one person believes their land extends beyond the actual boundaries into another person's land. The courts become involved, and surveyors may perform an official land audit to determine the legal property lines.

Licensed surveyors conduct property surveys in Florida to define and outline the characteristics and boundaries of a land. In addition, a survey also shows any improvements made to the property. Property survey records in Florida may be available at the local courthouse or the assessor's office. Survey documents differ in content depending on the type of survey conducted. The most common surveys done in Florida include the following:

  • Alta Land Title Survey - This is conducted for commercial property transactions, featuring a detailed physical survey and in-depth research of existing records.
  • As-Built Survey - Assessors conduct this survey on commercial and residential properties to show improvements to land as they appear at a specific time.
  • Easement Survey - The survey shows any easements on the property that affect value or use before purchase.

Boundary Disputes and Resolutions

Florida Statutes § 177.28(1) determines how the courts will resolve boundary issues and disputes. Interestingly, judges sometimes use the "doctrine of acquiescence" to resolve boundary disputes in Florida. It works like this: If two neighboring property owners treat a boundary line as the actual boundary line for a specific amount of time, then that becomes the legal boundary line. They have acquiesced to that boundary line, even if surveys show it is inaccurate. A judge has the right to overrule it and use the factual boundary line or the acquiesced line.

Property Records and Real Estate Transactions in Florida

Property Records and Real Estate Transactions in Florida

Public property records come in handy when buying or selling real estate. You can find out a lot of information by doing a little research. Some of the most common uses for property records in real estate transactions are:

Buying Property: Due Diligence

Before buying any property, perform your due diligence by thoroughly researching it and looking for any title issues, breaks in the chain of title, liens (other than mortgage liens), foreclosures, or boundary and other legal disputes.

It makes sense to find out how the value of the property and the value of other properties nearby have changed over time so you don't overpay. You can also review plats and maps and see the property boundary lines before placing your offer.

Selling Property: Providing Disclosure

When you are the seller of a property, you must provide certain disclosures to any potential buyers. These include things like failing or disabled systems (HVAC/plumbing/electrical) and whether the house has asbestos or lead paint. These disclosures will appear in historical records from assessments, appraisals, and inspections.

Title Searches and Insurance

Title insurance is an essential factor in buying a house. Title insurance protects the buyer from purchasing a home with title defects and protects the lender well after closing if any title defects emerge. During the home-buying process, the title company performs a thorough title search, looking for any restrictions, encumbrances, and other legal claims on the property that may pose a problem during the sale. Title insurance costs very little, but the protection is well worth it.

Foreclosure and Property Records in Florida

Foreclosure is when a government agency or lender seizes and sells the property due to unpaid taxes or a loan. It's important to know if a property is under foreclosure because, in Florida, the homeowner has two years to reclaim it and pay off the debt. You don't want to purchase a home in Florida and then have the owner buy it back and you lose the house.

Florida is a judicial foreclosure state, meaning all individuals or entities wishing to foreclose a property must receive approval from a judge. The Florida Statutesgovern foreclosures. Therefore, the creditor must file a case in the circuit court in the county or area where the property is listed. Once the creditor files the case, the homeowner will have an opportunity to challenge the foreclosure.

The cases are conducted without a jury, so the judge will decide the case's fate. Claimants are encouraged to send a Notice of Default before initiating the foreclosure as lack of it could mean a ruling in favor of the homeowner. Homeowners can also prove 'unclean hands' as a defense to stop foreclosure. Homeowners must provide an illegal transaction to establish unclean hands or prove oppressive, unrighteous, or unconscious conduct by the creditor regarding the loan.

Florida's foreclosure rate is one in every 2,894 homes, with Osceola, Hamilton, and Polk having the most foreclosures per housing unit. In 2008, Florida recorded the second-highest foreclosure rate in the county, with one in every 22 homes. Fort Lauderdale, Miami, and Orlando all appeared in the top 10 list of foreclosures in the state in 2008.

Property Records and Property Values

One of the most common uses for property records is to track the value of a piece of property to see if it is a good investment. Comparing sales of similar homes in the area can provide a good base of assumption about the value.

Assessments and Appraisals

Properties are valued through tax assessments and property appraisals. Each tackles the task slightly differently but uses industry-accepted methods of valuing the property. Most often, appraisals are used in real estate transactions to ensure that the value supports the loan. Tax assessors use assessments to determine the property's tax rate.

Property Records and Market Value

Fair market value (FMV) fluctuates with the economy. Property records in Florida can show you how the value of a specific piece of property has changed over time, giving you insight into when to buy.

The average value of a property/home in Florida was approximately $387,600 in 2023, a 5% increase since 2022. Locations like Weeki Wachee Gardens, Hernando Beach, and Miami-Fort Lauderdale-West Palm Beach had the highest values. In contrast, Wakulla County, Washington County, and Hardee County had the lowest values.

Factors that Determine Property Values in Florida

  • Community and Lifestyle - Florida has varied communities with different characteristics. Some have access to recreational amenities, others are gated communities, and some hold community events. The variations can influence property values within the communities. For example, family homes could be higher in value within gated communities.
  • Access to Urban Centers - Like in most states, proximity to urban centers means better access to business districts, employment opportunities, and transportation hubs. It often translates to higher property values.
  • Climate - The pleasant climates in Florida can contribute to higher property value, especially in places with abundant sunshine and mild winters.
  • Views and Scenic Beauty - Properties with attractive views, such as lakefront panoramas, ocean vistas, and scenic landscapes, often command higher values. Therefore, areas in Florida with such are likely to be higher priced.
  • Coastal Access - Properties with direct access to the waterfronts in Florida have higher values due to the endless opportunities such as scenery, recreational activities, and income generation.

Privacy and Property Records

Privacy and Property Records

Property records are public records, and anyone can access them freely. You can visit government offices to request copies by filling out a form and paying a fee or find them online through various repositories and informational resources.

You cannot always remove your personal information from public records. A lot of your personal information may be contained in public records. If you want to preserve your privacy and prevent identity theft, you can contact the offices that keep property records and have them redact or remove any private information. Contact website owners and make a formal request that they, too, remove any of your personal details.

Maintaining and Amending Property Records

Despite everyone taking care to be accurate in property records, they may have errors in them. There are also situations where the information in property records needs to be updated.

Correcting Errors on Property Records

If you notice an error on one of your property records, for example, the deed to your home, you can correct it by contacting the county clerk's office. You may need to supply them with source documents to prove the error and verify the change. You might also have to visit the courthouse or other government offices to change additional documents.

Amending Property Records for Legal Changes

Sometimes, property records need to be altered due to legal events. For example, if a homeowner wills a piece of property to children, the documents, such as the deed, need to change to reflect the new owners.

How to Change the Name on Property Records in Florida

If you get married or divorced and your name changes, you will want to update the deed to your home and other property records. You will have to supply the county clerk's office with the marriage or divorce certificate to validate the change.

How to Update Property Records When Someone Dies

When someone dies, their property will be transferred to their heirs. Along with it, the deed and other accompanying documents must be changed. You can bring the death certificate to the county clerk's office where the property resides to make a change. You may also have to bring a copy of the will proving new ownership.

What Should I Consider When Buying a Property Using Property Records?

Use property records to research a property thoroughly before buying it. Look closely for title issues, boundary disputes, foreclosures, legal battles, liens, and unpaid taxes. You can also see the fair market value and how the value has changed over time. Use PropertyChecker to find out all you can about a property before buying.

Florida Property Records Search

Florida Property Records Search