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Posted on: December 12, 2023

New Recording Requirements for Documents Affecting Ownership of Real Property

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As of Jan. 1, 2024, the following information must be included on certain documents recorded in the official records of any county in Florida.

 Preparer Name & Address

  • Name of the person who prepared the item or their supervisor's name
    1. This must be a person, it cannot be a business
  • The preparer's address, physical or PO Box
  • Both items must be legibly printed, typed, or stamped on the document

 Witness Name & Address

  • Witness’s name beneath their signature
  • Witness’s address, physical or PO Box
  • Both items must be legibly printed, typed, or stamped on the document

 Affected Documents
Any “instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of…”

Avoid Rejections & Delays
Because of changes to section 695.26 of the Florida Statutes, the Clerk’s office cannot accept documents submitted for recording without the required information.

 FAQs

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What documents are affected?

The new requirement applies to any “instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of…” Section 695.26 will apply to, including but not limited to, the following document types:

  • Affidavits “by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of…”
  • Agreements, Affidavits, Notices or Memorandums for Deed
  • Deeds
  • Easements
  • Agreements, Affidavits, Notices or Memorandums of Interest in Land

 Can I use an email address instead of a mailing address?

No, the address must be the post office address.  It cannot be an email address.  

 Our company uses standard forms for deeds or other affected documents. What should we do?

You will need to update your forms to include the witness address before January 1, 2024.

 What happens if I try to record a document without the required witness address?

The Clerk’s office must reject documents that do not include information required by section 695.26 of the Florida Statutes.

 Documents Requiring Witness Addresses Effective January 1, 2024

These documents will require witness addresses if witnesses are found on the document. All deeds and easements notarized in Florida require witnesses.

 

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