Florida Statute 695.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 695
RECORD OF CONVEYANCES OF REAL ESTATE

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F.S. 695.03

695.03 Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.—To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated in one of the following forms:

(1) WITHIN THIS STATE.—An acknowledgment or a proof may be taken, administered, or made within this state by or before a judge, clerk, or deputy clerk of any court; a United States commissioner or magistrate; or any notary public or civil-law notary of this state, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be.

(2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.—An acknowledgment or a proof taken, administered, or made outside of this state but within the United States may be taken, administered, or made by or before a civil-law notary of this state or a commissioner of deeds appointed by the Secretary of State; by or before a judge or clerk of any court of the United States or of any state, territory, or district; by or before a United States commissioner or magistrate; or by or before any notary public, justice of the peace, master in chancery, or registrar or recorder of deeds of any state, territory, or district having a seal, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be. If the acknowledgment or proof is taken, administered, or made by or before a notary public who does not affix a seal, it is sufficient for the notary public to type, print, or write by hand on the instrument, “I am a Notary Public of the State of (state) , and my commission expires on (date) .”

(3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN COUNTRIES.—An acknowledgment, an affidavit, an oath, a legalization, an authentication, or a proof taken, administered, or made outside the United States or in a foreign country may be taken, administered, or made by or before a commissioner of deeds appointed by the Secretary of State to act in such country; by or before a notary public of such foreign country or a civil-law notary of this state or of such foreign country who has an official seal; by or before an ambassador, envoy extraordinary, minister plenipotentiary, minister, commissioner, charge d’affaires, consul general, consul, vice consul, consular agent, or other diplomatic or consular officer of the United States appointed to reside in such country; or by or before a military or naval officer authorized by 10 U.S.C. s. 1044a to perform the duties of notary public, and the certificate of acknowledgment, legalization, authentication, or proof must be under the seal of the officer. A certificate legalizing or authenticating the signature of a person executing an instrument concerning real property and to which a civil-law notary or notary public of that country has affixed her or his official seal is sufficient as an acknowledgment. For the purposes of this section, the term “civil-law notary” means a civil-law notary as defined in chapter 118 or an official of a foreign country who has an official seal and who is authorized to make legal or lawful the execution of any document in that jurisdiction, in which jurisdiction the affixing of her or his official seal is deemed proof of the execution of the document or deed in full compliance with the laws of that jurisdiction.

(4) COMPLIANCE AND VALIDATION.—The affixing of the official seal or the electronic equivalent thereof under s. 117.021 or other applicable law, including part II of chapter 117, conclusively establishes that the acknowledgment or proof was taken, administered, or made in full compliance with the laws of this state or, as applicable, the laws of the other state, or of the foreign country governing notarial acts. All affidavits, oaths, acknowledgments, legalizations, authentications, or proofs taken, administered, or made in any manner as set forth in subsections (1), (2), and (3) are validated and upon recording may not be denied to have provided constructive notice based on any alleged failure to have strictly complied with this section, as currently or previously in effect, or the laws governing notarization of instruments. This subsection does not preclude a challenge to the validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not related to the notarial act or constructive notice provided by recording.

History.—RS 1973; ch. 5404, 1905; GS 2481; ss. 1, 2, ch. 7849, 1919; RGS 3823; CGL 5699; s. 7, ch. 22858, 1945; s. 1, ch. 28225, 1953; s. 1, ch. 69-79; s. 1, ch. 71-53; s. 26, ch. 73-334; s. 3, ch. 80-173; s. 1, ch. 84-97; s. 763, ch. 97-102; s. 21, ch. 98-246; s. 23, ch. 2019-71; s. 1, ch. 2024-259.

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Amendments to 695.03

Arrestable Offenses / Crimes under Fla. Stat. 695.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 695.03.

Annotations, Discussions, Cases:

Cases Citing Statute 695.03

Total Results: 20

RAUL PARISI v. MARIA ISABEL QUADRI DE KINGSTON, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-15T00:53:00-07:00

Snippet: a notary public or as otherwise provided in s. 695.03.” Based on this clear and unambiguous language,…notary public or (b) as otherwise provided in s. 695.03. Thus,

ROBERT FELDMAN, etc. v. JEFFREY SCHOCKET

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-21T00:53:00-07:00

Snippet: court or officer, as the case may be. § 695.03(1), Fla. Stat. (2022). Against this background,…notary of this state,” and it was not recorded. § 695.03(1), Fla. Stat.; see § 739.104(3), Fla. Stat.;

JEFFREY SCHEIBLE, as Personal Representative of the ESTATE OF JANICE JOHNSON v. AUDLEY LIVINGSTON BROWN

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-08T23:53:00-08:00

Snippet: recorded, it was required to be notarized. See § 695.03(1), Fla. Stat. (2015). Without the notarization

In re Amendments to the Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 2013-11-14T00:00:00-08:00

Citation: 131 So. 3d 643, 38 Fla. L. Weekly Supp. 836, 2013 WL 6164572, 2013 Fla. LEXIS 2476

Snippet: include the acknowledanent required bv sections 695.03 and 701.04, Florida Statutes. *683FORM 1.982. CONTEMPT

Hurst v. State

Court: Fla. | Date Filed: 2009-09-17T00:00:00-07:00

Citation: 18 So. 3d 975, 34 Fla. L. Weekly Supp. 525, 2009 Fla. LEXIS 1558, 2009 WL 2959204

Snippet: cruel and unusual punishment. Hurst, 819 So.2d at 695. [3] In Brady, the Supreme Court held that "suppression

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Court: Fla. Att'y Gen. | Date Filed: 2008-12-09T23:53:00-08:00

Snippet: acknowledged and notarized pursuant to section 695.03, Florida Statutes? According to information provided…the report since it does not comply with section 695.03, Florida Statutes. This office has been advised…whether it is acknowledged as provided in section 695.03. Based upon the discussion below, I concur, but…does not affect the title to the property. Section 695.03, Florida Statutes, however, provides that "…prescribed therein. While the language of section 695.03 is broad, this office has stated that "Chapter

American Bankers Life Assur. v. 2275 West

Court: Fla. Dist. Ct. App. | Date Filed: 2005-04-06T00:53:00-07:00

Citation: 905 So. 2d 189

Snippet: successors in interest is recorded." As section 695.03 of the Florida Statutes observes: "[t]o entitle

Espriella v. Delvalle

Court: Fla. Dist. Ct. App. | Date Filed: 2003-04-16T00:00:00-07:00

Citation: 844 So. 2d 674, 2003 Fla. App. LEXIS 5402, 2003 WL 1877637

Snippet: requirements of Florida Statutes sections 689.01 and 695.03(3).” Title to the property was quieted in Jaco-… creating or transferring the interest. Section 695.03 provides that instruments concerning real property…public who affixes her or his official seal.” § 695.03(1), Fla. Stat. (2002) (emphasis added). In a foreign…official seal is sufficient as an acknowledgment.” § 695.03(3)Fla. Stat. (2002). During her case in chief,

Betsy Ross Hotel, Inc. v. AG GLADSTONE ASSOCIATES, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-17T23:53:00-08:00

Citation: 833 So. 2d 211

Snippet: notarized *213 as required for recordation by section 695.03, Florida Statutes (1997). This section provides…" [or properly notarized as set forth in § 695.03] These requirements for recording have existed …maneuver Gladstone attempts to circumvent section 695.03. However, the stapling together of these two instruments

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Court: Fla. Att'y Gen. | Date Filed: 1991-03-12T23:53:00-08:00

Snippet: concerning real property within the scope of s. 695.03, F.S., which has not been acknowledged by the executing

Harris v. Walbridge

Court: Fla. Dist. Ct. App. | Date Filed: 1986-05-14T00:53:00-07:00

Citation: 488 So. 2d 881

Snippet: acknowledged by the parties as required by section 695.03 (1981),[1] appellee *883 cannot be charged with…forms of proof of execution permitted by section 695.03, Florida Statutes. We conclude that appellees may

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Court: Fla. Att'y Gen. | Date Filed: 1984-05-30T00:53:00-07:00

Snippet: question: DOES THE LANGUAGE OF FLORIDA STATUTE s 695.03(3) REQUIRE THAT A COMMISSIONER OF DEEDS APPOINTED…plainly stated: "Reading ch. 118, F.S., and ss. 695.03 (2) and (3), F.S. (1980 Supp.), in pari materia…according to law . . . ." Subsection (3) of s 695.03, F.S., distinctly provides that in order to be …contemplated by the terms of Ch. 118, F.S., and s 695.03(3), F.S., when read in pari materia. To contend…did not examine nor consider the provisions of s 695.03(3), F.S., in reaching the conclusion expressed

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Court: Fla. Att'y Gen. | Date Filed: 1981-10-13T00:53:00-07:00

Snippet: SUMMARY: The provisions of ch. 118, F.S., and ss. 695.03(2) and (3), F.S. (1980 Supp.), contemplate that…another state or of a foreign country. See also ss.695.03(2) and (3), F.S. (1980 Supp.); Cf. ss. 92.50(2)…the United States. Cf. s. 92.50(2), F.S. Section 695.03(3), F.S. (1980 Supp.), provides that an acknowledgement…country . . . .' Reading ch. 118, F.S., and ss. 695.03(2) and (3), F.S. (1980 Supp.), inpari materia,

Raymar Development Corp. v. Barbara

Court: Fla. Dist. Ct. App. | Date Filed: 1981-10-09T00:00:00-07:00

Citation: 404 So. 2d 813, 1981 Fla. App. LEXIS 21324

Snippet: forms of proof of execution permitted by section 695.03, Florida Statutes. The judgment is REVERSED with

Snead v. United States Trucking Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-02-17T23:53:00-08:00

Citation: 380 So. 2d 1075

Snippet: quot; [5] 19 Am.Jur.2d, Corporations, § 1288, at 695; 3 Fletcher, Cyclopedia, Corporations, § 926, at 394

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Court: Fla. Att'y Gen. | Date Filed: 1979-06-01T00:53:00-07:00

Snippet: concerning real property within the scope of s. 695.03, F. S., which has not been acknowledged by the … concerns real property, within the scope of s. 695.03, F. S., which does concern entitlement to recordation… . . .' Subsections (1), (2), and (3) of s. 695.03, F. S., go on to set forth those persons and officials…witness. It is this acknowledgment requirement in s. 695.03, and not those provisions concerned with the validity…concerning real property within the scope of s. 695.03, F. S., which has not been acknowledged by the

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Court: Fla. Att'y Gen. | Date Filed: 1975-03-12T00:53:00-07:00

Snippet: July 1, 1975). Attention is also directed to ss. 695.03(2) and 695.031, F.S., which contain provisions

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Court: Fla. Att'y Gen. | Date Filed: 1974-08-30T00:53:00-07:00

Snippet: by s. 695.03 before they are entitled to be recorded in the public records. Subsection 695.03(2) specifically…an out-of-state notary public? SUMMARY: Under s. 695.03(2), F.S., an instrument which has been acknowledged… acknowledgments made before notaries public, s.695.03(2), supra, as amended by Ch. 71-53, Laws of Florida…is nothing in the statutes — either s.695.03 or s. 117.07(1), supra — that may be

Florida National Bank & Trust Co. v. Hickey

Court: Fla. Dist. Ct. App. | Date Filed: 1972-06-06T00:00:00-07:00

Citation: 263 So. 2d 269, 1972 Fla. App. LEXIS 6610

Snippet: amendment was in compliance with Florida Statute 695.03, F. S.A. In the alternative the appellees al*272leged…of revocation) are set forth in Florida Statute 695.03, F.S.A., which in part provides: “In order to entitle…instrument to recordation under Florida Statute 695.03, F.S.A. The amended trust instrument was referred

Windle v. Sebold

Court: Fla. Dist. Ct. App. | Date Filed: 1970-11-24T23:53:00-08:00

Citation: 241 So. 2d 165

Snippet: acknowledgment of deeds. Sections 28.22, 701.04 and 695.03, F.S. 1967, F.S.A. But as to the document's