Current interpretation is that a lien search is considered part of the “title search” as defined by Sec. 627.7711(4), F.S. and that it may be included in the charge for the title search. (A search of the records of a Uniform Commercial Code filing office is the only title search specifically excluded from such treatment.)
Based upon unofficial guidance from the State of Florida, as well as the practical problems faced by lenders in creating Loan Estimates, best practice would suggest that you combine all of your title search fees into one entry on the CD such as “Title - Title Search to “Name of Settlement Agent”.” When done in this fashion you would issue separate checks for all services included within the combined amount.
In the event you are authorized or directed to itemize a lien search separately from other title search charges, you should disclose it as “Title - Title Search to Lien Search Company.”
For closings where a CD is not issued (e.g. cash, commercial, etc.) you may choose to either combine your title searches into one fee or to separate them. In either case, the fee should be called “Title Search.” If you choose to combine the fees, the payee should be the settlement agent who handled ordering the searches. If the fees will be displayed separately you would list the payee as the entity to whom the bill is owed. For example, two fees would be displayed as:
Title Search Fee to ATFS, LLC - $150
Title Search Fee to Lien Search, Inc. - $250
Whereas a combined fee would be displayed as:
Title Search Fee to Adam Attorney, P.A. - $400