Florida Statute 695.26 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 695
RECORD OF CONVEYANCES OF REAL ESTATE

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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.

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Amendments to 695.26

Annotations, Discussions, Cases:

Cases Citing Statute 695.26

Total Results: 5 | Sort by: Relevance | Newest First

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Amendments to Rules of Jud. Admin.-Reorg., 939 So. 2d 966 (Fla. 2006).

Cited 14 times | Published | Supreme Court of Florida | 2006 WL 2708465

...ex officio clerk of the board of county commissioners pursuant to article VIII, section (1)(d), Florida Constitution. 1996 Amendment. Subdivision (c) was amended to make the blank space requirements for use by the clerk of the court consistent with section 695.26, Florida Statutes (1995)....

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Robert Feldman, Etc. v. Jeffrey Schocket (Fla. 3d DCA 2022).

Published | Florida 3rd District Court of Appeal

...It does not purport to be a disclaimer, it was not acknowledged 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 it was not recorded. § 695.03(1), Fla. Stat.; see § 739.104(3), Fla. Stat.; § 695.26(1), Fla....

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Amendments to the Florida Rules of Jud. Admin., 682 So. 2d 89 (Fla. 1996).

Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 467, 1996 Fla. LEXIS 1870, 1996 WL 606712

...ct. (3) NEW RULE 2.052 — would set forth a procedure to be followed when an attorney has a scheduling conflict within the court system. (4) RULE 2.055 — would change the blank spaces on pages for clerk’s stamps to make the rule consistent with section 695.26, Florida Statutes (1995) (enlarges space from 1 ½" x 1⅝" to 3" x 3")....

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Amendment to Florida Rule of Jud. Admin. 2.055(c), 711 So. 2d 29 (Fla. 1998).

Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 285, 1998 Fla. LEXIS 2663, 1998 WL 254400

...e of Judicial Administration 2.055(c) to require a blank space on papers filed with clerks of court that were to be subsequently recorded. The amendment as proposed by the Judicial Administration Rules Committee was adopted to ensure compliance with section 695.26, Florida Statutes (1997)....

...e some papers were prepared long before the implementation of the rule. As a result of these comments, we suspended until January 1, 1999, the application of rule 2.055(c) to the extent it applies to papers other than those specifically described in section 695.26....

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Amendment to Florida Rule of Jud. Admin. 2.055(c), 697 So. 2d 144 (Fla. 1997).

Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 468, 1997 Fla. LEXIS 1050

...ed that all papers to be filed with the clerk of the court and subsequently recorded in the public records of any county must contain a three-inch by three-inch space at the top right-hand corner. This amendment was adopted to ensure compliance with section 695.26, Florida Statutes (1995)....

...broader than what is required by the statute. The Florida Association of Court Clerks and members of the legal profession have requested that we suspend the application of this rule to documents or papers other than those specifically described in section 695.26, until January 1, 1999....

...were purchased by members of the legal profession prior to the rule amendment. We hereby grant the request to suspend the application of subsection (c) of rule 2.055 to the extent that it applies to papers other than those specifically described in section 695.26, Florida Statutes, until January 1, 1999....

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