Florida Statute 695.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 695
RECORD OF CONVEYANCES OF REAL ESTATE

View Entire Chapter

F.S. 695.11

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.

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Amendments to 695.11

Annotations, Discussions, Cases:

Cases Citing Statute 695.11

Total Results: 38

Suntrust Bank v. Riverside Nat. Bank

792 So. 2d 1222, 2001 Fla. App. LEXIS 12144, 2001 WL 980818

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 1735374

Cited 12 times | Published

Priorities of liens are strictly controlled by section 695.11, which places them in the order in which they

Winn-Dixie Stores, Inc. v. Dolgencorp, Inc.

964 So. 2d 261, 2007 WL 2710771

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1261647

Cited 11 times | Published

of the circuit court is required to record. Section 695.11, Florida Statutes (2006) states that *267 an

Paterson v. Brafman

530 So. 2d 499, 1988 WL 91164

District Court of Appeal of Florida | Filed: Sep 6, 1988 | Docket: 1678179

Cited 9 times | Published

here. § 28.222(3)(c), Fla. Stat. (1985);[2] see § 695.11, Fla. Stat. (1985);[3]*501 Sapp v. Warner, 105

City of Palm Bay v. Wells Fargo Bank, N.A.

114 So. 3d 924, 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000

Supreme Court of Florida | Filed: May 16, 2013 | Docket: 60232017

Cited 7 times | Published

would likewise find that there is nothing in section 695.11 that expressly preempts the City of Palm Bay’s

Bakalarz v. Luskin

560 So. 2d 283, 1990 WL 45266

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1739581

Cited 7 times | Published

Dissolution of Marriage." Florida Statutes Section 695.11 provides that an instrument is deemed to be

Tikhomirov v. Bank of New York Mellon

223 So. 3d 1112, 2017 Fla. App. LEXIS 9602, 42 Fla. L. Weekly Fed. D 1506

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6084657

Cited 5 times | Published

original) (emphasis omitted); see also Fla. Stat. § 695.11. 3 . Of significance to this appeal

Wolf v. Spariosu

706 So. 2d 881, 1998 WL 10783

District Court of Appeal of Florida | Filed: Jan 14, 1998 | Docket: 1682600

Cited 5 times | Published

Florida's recording statute.[2]See Fla. Stat. *883 § 695.11 (1995). The lower court agreed with Maysonet and

Desak v. Vanlandingham

98 So. 3d 710, 2012 WL 4746471, 2012 Fla. App. LEXIS 16833

District Court of Appeal of Florida | Filed: Oct 5, 2012 | Docket: 60312535

Cited 4 times | Published

DCA 2007) (“We read the ‘notice’ provision of section 695.11 as a general description of the legal effect

Argent Mortgage Co. v. Wachovia Bank N.A.

52 So. 3d 796, 2010 Fla. App. LEXIS 20132, 2010 WL 5391527

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 60297844

Cited 4 times | Published

Wachovia contends that amendments made to section 695.11, Florida Statutes, have converted Florida into

Picker Financial Group L.L.C. v. Horizon Bank

293 B.R. 253, 2003 U.S. Dist. LEXIS 8716, 2003 WL 21205285

District Court, M.D. Florida | Filed: May 12, 2003 | Docket: 1860281

Cited 4 times | Published

though it cites Boley with favor. [10] Florida Statute 695.11 as to real property and Florida Statute

Mayfield v. First City Bank of Florida

95 So. 3d 398, 2012 WL 3115140, 2012 Fla. App. LEXIS 12563

District Court of Appeal of Florida | Filed: Aug 2, 2012 | Docket: 60311211

Cited 3 times | Published

records, they were recorded in accordance with section 695.11, Florida Statutes (2011). The trial court further

Dollar Sav. and Trust Co. v. Soltesiz

636 So. 2d 63, 1994 WL 84103

District Court of Appeal of Florida | Filed: Mar 16, 1994 | Docket: 1361294

Cited 3 times | Published

pursuant to the provisions of chapter 55 and section 695.11, Florida Statutes (1989), and its enforcement

Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.

201 So. 3d 670, 2016 Fla. App. LEXIS 10883

District Court of Appeal of Florida | Filed: Jul 15, 2016 | Docket: 4111231

Cited 2 times | Published

the names of the parties to the instrument.” Section 695.11, Florida Statutes (2004), provides that “[t]he

Lgj, Pa v. City Nat. Bk. of Fla

659 So. 2d 1118

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 1462758

Cited 2 times | Published

judgment liens are established by statute. See § 695.11, Fla. Stat. (1993); Martinez v. Reyes, 405 So

Anderson v. N. FLA. PRODUCTION CREDIT

642 So. 2d 88

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 1529429

Cited 2 times | Published

to real property is determined pursuant to section 695.11, Florida Statutes, by reference to the official

Archer v. Levy

543 So. 2d 863, 1989 WL 53459

District Court of Appeal of Florida | Filed: May 23, 1989 | Docket: 1437378

Cited 2 times | Published

reverse. Clearly pursuant to the provisions of Section 695.11, Florida Statutes (1983), the Levys, as the

Lamchick, Glucksman & Johnston, P.A. v. City National Bank of Florida

659 So. 2d 1118, 1995 Fla. App. LEXIS 7754, 1995 WL 421867

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 64758540

Cited 1 times | Published

judgment liens are established by statute. See § 695.11, Fla.Stat. (1993); Martinez v. Reyes, 405 So.2d

Martinez v. Reyes

405 So. 2d 468, 1981 Fla. App. LEXIS 21480

District Court of Appeal of Florida | Filed: Oct 27, 1981 | Docket: 64585903

Cited 1 times | Published

required by Section 55.10(1), we next look to Section 695.11, Florida Statutes, which addresses this precise

Aquastar Holdings LLC v. Peckar & Abramson P.C.

District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70572366

Published

language). Priority among liens is governed by § 695.11, Florida Statutes: “The sequence of such official

Rapid Surplus Refund LLC v. Weeeee LLC

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69218178

Published

instrument bearing a higher number in the same series.” § 695.11, Fla. Stat. (2023). Ryan & Rick’s mortgage

Shane R. Hayslip v. U. S. Home Corporation

Supreme Court of Florida | Filed: Jan 27, 2022 | Docket: 62631937

Published

2d 480, 482 (Fla. 4th DCA 1999), and under section 695.11, Florida Statutes (2016), if an instrument

2000 PRESIDENTIAL WAY LLC v. THE BANK OF NEW YORK MELLON, FIRST BANKS, INC., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS

District Court of Appeal of Florida | Filed: Aug 4, 2021 | Docket: 60108426

Published

recorded in compliance with the requirements of section 695.11, Florida Statutes (2012), and (2) the warning

LAUREL KELLY, as Martin County Property Appraiser and RUTH PIETRUSZEWSKI, as Martin County Tax Collector v. GREEN TREE SERVICING, LLC.

District Court of Appeal of Florida | Filed: Jul 29, 2020 | Docket: 17391439

Published

takes priority over a later recorded instrument. § 695.11, Fla. Stat. (2018). “The Legislature has, however

B.A. MORTGAGE, LLC v. EDUARDO C. BAIGORRIA and SILVANA M. ELEJALDE

District Court of Appeal of Florida | Filed: Jul 15, 2020 | Docket: 17350914

Published

search. The Homeowners disagree. Citing section 695.11, Florida Statutes (2015), the Homeowners insist

Barton v. Metrojax Property Holdings, LLC

207 So. 3d 304

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539045

Published

addition of the following language in 1967 to section 695.11, titled “Instruments deemed to be recorded

Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019487

Published

parties to the instrument." Section 695.11, Florida Statutes (2004), provides

Darcy L. Saulnier and Michael F. Saulnier v. Bank of America, N.A., Mortgage Electronic Registration Systems, Inc., Space Coast Credit Union and City of Tamarac

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2679315

Published

286 (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument is deemed to be

Saulnier v. Bank of America, N.A.

187 So. 3d 854, 2015 Fla. App. LEXIS 4274, 2015 WL 1334317

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 60254137

Published

286 (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument is deemed to be

Darcy L. Saulnier and Michael F. Saulnier v. Bank of America, N.A., Mortgage Electronic Registration Systems, Inc., Space Coast Credit Union and City of Tamarac

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2679444

Published

286 (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument is deemed to be

City of Palm Bay v. Wells Fargo Bank, N.A.

57 So. 3d 226, 2011 Fla. App. LEXIS 241, 2011 WL 180363

District Court of Appeal of Florida | Filed: Jan 21, 2011 | Docket: 60298970

Published

Bay’s ordinance conflicts with a state statute: section 695.11, Florida Statutes. In 1997, Palm Bay enacted

Orix Financial Services, Inc. v. MacLeod

977 So. 2d 658, 2008 Fla. App. LEXIS 2123, 2008 WL 423787

District Court of Appeal of Florida | Filed: Feb 19, 2008 | Docket: 64854251

Published

Anderson, this court viewed the dictates of section 695.11, Florida Statutes, as unambiguous. See also

Broward County v. Recupero

949 So. 2d 274, 2007 Fla. App. LEXIS 1413, 2007 WL 397296

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 64849279

Published

of discretion standard”). Florida Statutes section 695.11 provides that instruments are deemed to be

Ago

Florida Attorney General Reports | Filed: Aug 23, 2005 | Docket: 3255755

Published

liens are established by section 695.11, Florida Statutes.8 Section 695.11, provides: "All instruments

Anderson v. North Florida Production Credit Ass'n

642 So. 2d 88, 1994 Fla. App. LEXIS 8655, 1994 WL 478666

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 64750634

Published

to real property is determined pursuant to section 695.11, Florida Statutes, by reference to the official

In re Forfeiture of United States Currency in the Amount of Ninety-One Thousand Three Hundred Fifty-Seven & 12/100 Dollars ($91,357.12)

595 So. 2d 998, 1992 Fla. App. LEXIS 1894, 1992 WL 38346

District Court of Appeal of Florida | Filed: Mar 4, 1992 | Docket: 64666096

Published

notice. E.g., § 695.01(1), Fla.Stat. (1989). Section 695.11, Florida Statutes, specifically provides that

Venney v. Arena (In re Berkley Multi-Units, Inc.)

104 B.R. 455, 1989 Bankr. LEXIS 1401

United States Bankruptcy Court, M.D. Florida | Filed: Aug 11, 1989 | Docket: 65779871

Published

pursuant to the recording statute of this State, Fla.Stat. 695.11; second, in any event the mortgage held by

D'Alfonso v. Vinney (In re Berkley Multi-Units, Inc.)

91 B.R. 150, 1988 Bankr. LEXIS 1389

United States Bankruptcy Court, M.D. Florida | Filed: Aug 25, 1988 | Docket: 65779638

Published

be recorded according to law; .... In turn, Fla.Stat. 695.11 (1987) provides as follows: INSTRUMENTS DEEMED

Ago

Florida Attorney General Reports | Filed: Jul 30, 1979 | Docket: 3257698

Published

shall be recorded in the Official Records. Section 695.11, F. S., provides that all instruments which