Chapter 228

CHAPTER 228

RECORDING AND COPYING OF PUBLIC RECORDS IN POPULOUS COUNTIES

228.01   Recording of documents and public records by mechanical process authorized.

228.02   Certification of records.

228.03   Copy to be deemed to be original record.

228.04   Inspection of records and copies of records.

228.05   Marginal references.

228.06   Correction and alterations.

228.07   Recording and copying by other counties.

228.01 228.01 Recording of documents and public records by mechanical process authorized. Whenever any officer of any county having a population of 750,000 or more is required or authorized by law to file, record, copy, recopy, or replace any document, court order, plat, paper, written instrument, writings, record, or book of record, on file or of record in his or her office, notwithstanding any other provisions in the statutes, the officer may do so by photostatic, photographic, microphotographic, microfilm, optical imaging, electronic formatting, or other mechanical process that produces a clear, accurate, and permanent copy or reproduction of the original document, court order, plat, paper, written instrument, writings, record, or book of record in accordance with the standards specified under ss. 16.61 (7) and 16.612. Any such officer may also reproduce by such processes or transfer from optical disc or electronic storage any document, court order, plat, paper, written instrument, writings, record, or book of record that has previously been filed, recorded, copied, or recopied. Optical imaging or electronic formatting of any document is subject to authorization under s. 59.52 (14) (a).

228.01 History History: 1985 a. 180; 1991 a. 39; 1995 a. 27, 201; 2015 a. 196; 2017 a. 207 s. 5.

228.02 228.02 Certification of records. In counties having a population of 750,000 or more, in any case where an original document, court order, plat, paper, written instrument, writings, record or book of record previously filed or of record in the office of such officer is, whether because of the worn or injured condition thereof or for any other reason, copied and replaced by such process under s. 228.01, and where such officer is required by law to certify in or on the paper or book replacing the original so copied that the replacement is a true and correct copy of the original, a copy of such certification by such officer, similarly made and produced and included at the end of the replacement, shall be sufficient compliance with such law.

228.02 History History: 2017 a. 207 s. 5.

228.03 228.03 Copy to be deemed to be original record.

228.03(1) (1) A photographic reproduction of an original document, court order, plat, paper, written instrument, writing, record, book of record, file, or other material, or a copy of material generated from optical disc or electronic storage of the original material, bearing upon or pertinent to the activities and functions of any county office, department, agency, board, commission, court, or institution, in counties having a population of 750,000 or more, is deemed to be an original for all purposes, if it meets the applicable standards established in ss. 16.61 and 16.612.

228.03(2) (2) Any photographic reproduction of an original record meeting the standards prescribed in s. 16.61 (7) or copy of a record generated from an original record stored in optical disc or electronic format in compliance with ss. 16.61 and 16.612 shall be taken as, stand in lieu of, and have all of the effect of the original record and shall be admissible in evidence in all courts and all other tribunals or agencies, administrative or otherwise, in all cases where the original document is admissible. A transcript, exemplification, or certified copy of such a reproduction of an original record, or certified copy of a record generated from an original record stored in optical disc or electronic format, for the purposes specified in this subsection, is deemed to be a transcript, exemplification, or certified copy of the original. The custodian of a photographic reproduction shall place the reproduction or optical disc in conveniently accessible storage and shall make provision for preserving, examining, and using the reproduction of the record or generating a copy of the record from optical disc or electronic storage. An enlarged copy of a photographic reproduction of a record made in accordance with the standards specified in s. 16.61 (7) or an enlarged copy of a record generated from an original record stored in optical disc or electronic format in compliance with ss. 16.61 and 16.612 that is certified by the custodian as provided in s. 889.18 (2) has the same effect as an actual-size copy.

228.03 History History: 1985 a. 180; 1993 a. 172; 1995 a. 27; 2015 a. 196; 2017 a. 207 s. 5.

228.04 228.04 Inspection of records and copies of records. Every custodian of public records in counties having a population of 750,000 or more shall keep them in such arrangement and condition as to make them easily accessible for convenient use. Photographic, photostatic, microphotographic, microfilm or other mechanical process of reproduction of public records or optical imaging or electronic formatting of public records shall be considered as accessible for convenient use, provided that a suitable means for public inspection of the records is provided by the custodian. Except as otherwise expressly provided by law, the custodian shall permit all public records in his or her custody to be inspected, examined, abstracted or copied at reasonable times and under his or her supervision and regulation by any person; and the custodian shall, upon the demand of any person, furnish certified copies thereof on payment in advance of fees not to exceed the fees prescribed by law.

228.04 History History: 1991 a. 39; 1993 a. 172; 1995 a. 27; 2017 a. 207 s. 5.

228.05 228.05 Marginal references. The register of deeds of any county having a population of 750,000 or more who has copied a document by microphotography, microfilm, optical imaging, or electronic formatting that is accepted by him or her for recording or filing shall also, as a substitute for marginal references required, prepare an index for documents of ancillary nature for which marginal references are required. The register of deeds shall prepare and maintain the index for ancillary documents to show the document number and, if given, the volume and page of the original recording or filing plus a record of any recordings or filings affecting or pertinent to the original recording or filing requiring marginal references subsequent to the date on which the county begins recording or recopying by microphotography, microfilm, optical imaging, or electronic formatting.

228.05 History History: 1991 a. 39; 1995 a. 27; 2017 a. 102; 2017 a. 207 s. 5.

228.06 228.06 Correction and alterations. In counties having a population of 750,000 or more, in any case where any record or replacement thereof in the office of any county officer is produced by a mechanical process, any correction, alteration, endorsement or entry required or authorized to be made of or on any instrument or paper or on the record thereof, may be made by copying or reproducing the affidavit, certificate, court order or corrected copy by the same means used to produce the original copy, and by noting and making reference to the correction, alteration, endorsement or entry in the indexes showing the location of the original filing or recording.

228.06 History History: 2017 a. 207 s. 5.

228.07 228.07 Recording and copying by other counties. Any county by resolution may elect to be controlled by this chapter.

228.07 History History: 1971 c. 104; 1981 c. 390 s. 252.