Florida Statutes

Fla. Stat. § 695.11 (2025)

Instruments deemed to be recorded from time of filing.

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695.11 Instruments deemed to be recorded from time of filing.—All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court of any county in the State of Florida, and which are to be recorded in the “Official Records” as provided for under s. 28.222, and which are filed for recording on or after the effective date of this act, shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time she or he affixed thereon the consecutive official register numbers required under s. 28.222, and at such time shall be notice to all persons. The sequence of such official numbers shall determine the priority of recordation. An instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series.

History.—s. 1, ch. 3592, 1885; RS 1977; GS 2488; RGS 3830; CGL 5708; s. 1, ch. 17217, 1935; s. 1, ch. 67-442; s. 766, ch. 97-102.

Notes of Decisions

Cited in 37 cases (5 in the last 5 years), 1981–2025 · leading case: Argent Mortg. Co. v. Wachovia Bank N.A., 52 So. 3d 796 (Fla. 5th DCA 2010).

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Argent Mortg. Co. v. Wachovia Bank N.A., 52 So. 3d 796 (Fla. 5th DCA 2010). · cites it 20× “However, Wachovia contends that amendments made to section 695.11, Florida Statutes, have converted Florida into a “race-notice” state.”

City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013). · cites it 6× “” Section 695.11, Florida Statutes (2004), provides that “[t]he sequence of [official register numbers required under section 28.”

Suntrust Bank v. Riverside Nat. Bank, 792 So. 2d 1222 (Fla. 4th DCA 2001). · cites it 5× “] [7] § 695.11, Fla. Stat. (2000) ("All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court of any county in the State of Florida, and which are to be recorded in the `Official Records' as provided for under s.”

Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007). · cites it 3× “Section 695.11, Florida Statutes (2006) states that *267 an instrument, like a lease, which is "authorized or required to be recorded" by the clerk "shall be notice to all persons" once it is "officially recorded" pursuant to the statute.”

Tikhomirov v. Bank of New York Mellon, 223 So. 3d 1112 (Fla. 3d DCA 2017). · cites it 2× “2d DCA 2015) (citations omitted) (alteration in original) (emphasis omitted); see also Fla. Stat. § 695.11 . 3 . Of significance to this appeal, section 45.”

Desak v. Vanlandingham, 98 So. 3d 710 (Fla. 1st DCA 2012). · cites it 3× “” § 695.11, Fla. Stat. (2002). Once a deed is recorded, “there is constructive notice of its contents.”

Bank of Am., N.A. v. Kipps Colony II Condo. Ass'n, Inc., 201 So. 3d 670 (Fla. 2d DCA 2016). · cites it 2× “” Section 695.11, Florida Statutes (2004), provides that “[t]he sequence of [official register numbers required under section 28.”

Mayfield v. First City Bank of Florida, 95 So. 3d 398 (Fla. 1st DCA 2012). · cites it 12× “” § 695.11, Fla. Stat. (1995). Id. In light of the foregoing line of cases, we find the unambiguous language of section 695.”

Paterson v. Brafman, 530 So. 2d 499 (Fla. 3d DCA 1988). · cites it 2× “Our reversal is founded upon the basic, irrefutable principle that those who subsequently deal with real property are placed on constructive notice of the relevant contents of a properly recorded instrument, such as the final judgment of dissolution involved here.”

City of Palm Bay v. Wells Fargo Bank, N.A., 57 So. 3d 226 (Fla. 5th DCA 2011). · cites it 5× “We conclude it cannot because Palm Bay’s ordinance conflicts with a state statute: section 695.11, Florida Statutes. In 1997, Palm Bay enacted ordinance 97-07, creating its code enforcement board.”

Lamchick, Glucksman & Johnston, P.A. v. City Nat'l Bank of Florida, 659 So. 2d 1118 (Fla. 3d DCA 1995). · cites it 5× “See § 695.11, Fla.Stat. (1993); Martinez v. Reyes, 405 So.”

Anderson v. North Florida Prod. Credit Ass'n, 642 So. 2d 88 (Fla. 1st DCA 1994). · cites it 6× “” § 695.11, Fla. Stat. While indexing is required, priority is not contingent upon such, and the cases cited to us by appellants do not alter the plain language of this statute which provides that “[t]he sequence of such official numbers shall determine the priority of…”

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