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(11) In applying the notice provision of Florida's recording statute, Florida courts have held that notice may take three distinct forms: 1) actual notice; 2) implied notice; or 3) constructive notice.
(25) Any reference to an extrinsic document in a recorded mortgage, however, may only trigger implied notice, and only if such reference creates a duty in a creditor or subsequent purchaser to conduct further research into the referenced extrinsic document.
Were the courts to treat constructive notice cases more like they treat implied notice cases, the results would likely be more equitable.
In such a situation, the department or a court would likely find that the employee had implied notice, either from a handbook, training or generally recognized workplace standards, that such behavior would result in a "for cause" termination.