Florida Statute 695.26 | 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. 695.26

695.26 Requirements for recording instruments affecting real property.—

(1) No instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the clerk of the circuit court unless:

(a) The name of each person who executed such instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person and the post-office address of each such person is legibly printed, typewritten, or stamped upon such instrument;

(b) The name and post-office address of the natural person who prepared the instrument or under whose supervision it was prepared are legibly printed, typewritten, or stamped upon such instrument;

(c) The name of each witness to the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such witness and the post office address of each such person is legibly printed, typewritten, or stamped upon such instrument;

(d) The name of any notary public or other officer authorized to take acknowledgments or proofs whose signature appears upon the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such notary public or other officer authorized to take acknowledgment or proofs;

(e) A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page are reserved for use by the clerk of the court; and

(f) In any instrument other than a mortgage conveying or purporting to convey any interest in real property, the name and post-office address of each grantee in such instrument are legibly printed, typewritten, or stamped upon such instrument.

(2) If a name or address is printed, typewritten, or stamped on an instrument in a position other than the position required by subsection (1), the clerk of the circuit court may, in her or his discretion, accept the instrument for recordation if she or he determines that the connection between the signature and the name or the name and the address is apparent.

(3) This section does not apply to:

(a) An instrument executed before July 1, 1991.

(b) A decree, order, judgment, or writ of any court.

(d) A will.

(e) A plat.

(f) An instrument prepared or executed by any public officer other than a notary public.

(4) The failure of the clerk of the circuit court to comply with this section does not impair the validity of the recordation or of the constructive notice imparted by recordation.

History.—s. 1, ch. 90-183; ss. 8, 22, ch. 94-348; s. 773, ch. 97-102; s. 5, ch. 2023-238.

F.S. 695.26 on Google Scholar

F.S. 695.26 on Casetext

Amendments to 695.26

Arrestable Offenses / Crimes under Fla. Stat. 695.26

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 695.26.

Annotations, Discussions, Cases:

Cases Citing Statute 695.26

Total Results: 8

ROBERT FELDMAN, etc. v. JEFFREY SCHOCKET

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

Snippet: ), Fla. Stat.; see § 739.104(3), Fla. Stat.; § 695.26(1), Fla. Stat. (2022). The disclaimer statute

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-01-03T23:53:00-08:00

Snippet: to be recorded from the time of filing, and s. 695.26, Fla. Stat., providing the requirements for recording

Ago

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

Snippet: Section 627.7073(1)(c), Fla. Stat. 3 You refer to s. 695.26(1)(d), Fla. Stat., which states that "[n]o…real property." Thus, the provisions of s. 695.26, Fla. Stat., would not appear to be applicable.

Amendments to Rules of Jud. Admin.-Reorg.

Court: Fla. | Date Filed: 2006-09-21T00:53:00-07:00

Citation: 939 So. 2d 966

Snippet: the clerk of the court consistent with section 695.26, Florida Statutes (1995). Subdivision (e) was eliminated

Amendment to Florida Rule of Judicial Administration 2.055(c)

Court: Fla. | Date Filed: 1998-05-21T00:00:00-07:00

Citation: 711 So. 2d 29

Snippet: Committee was adopted to ensure compliance with section 695.26, Florida Statutes (1997). Comments received after…other than those specifically described in section 695.26. See Amendment to Fla. Rule of Judicial Admin.

Boulais v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-01-29T23:53:00-08:00

Citation: 706 So. 2d 365

Snippet: $17,516 in cash payments stolen from the business; $695.26 for the services of Saltmarsh Certified Public

Amendment to Florida Rule of Judicial Administration 2.055(c)

Court: Fla. | Date Filed: 1997-07-17T00:00:00-07:00

Citation: 697 So. 2d 144

Snippet: amendment was adopted to ensure compliance with section 695.26, Florida Statutes (1995). However, the rule, as…other than those specifically described in section 695.26, until January 1, 1999. In support of that request…other than those specifically described in section 695.26, Florida Statutes, until January 1, 1999. We further

Amendments to the Florida Rules of Judicial Administration

Court: Fla. | Date Filed: 1996-10-24T00:00:00-07:00

Citation: 682 So. 2d 89, 21 Fla. L. Weekly Supp. 467, 1996 Fla. LEXIS 1870, 1996 WL 606712

Snippet: stamps to make the rule consistent with section 695.26, Florida Statutes (1995) (enlarges space from 1