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.

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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: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: 03(1), Fla. Stat.; see § 739.104(3), Fla. Stat.; § 695.26(1), Fla. Stat. (2022). The disclaimer statute

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-01-04

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-12-10

Snippet: Section 627.7073(1)(c), Fla. Stat. 3 You refer to s. 695.26(1)(d), Fla. Stat., which states that "[n]o instrument

Amendments to Rules of Jud. Admin.-Reorg.

Court: Supreme Court of Florida | Date Filed: 2006-09-21

Citation: 939 So. 2d 966, 2006 WL 2708465

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: Supreme Court of Florida | Date Filed: 1998-05-21

Citation: 711 So. 2d 29, 23 Fla. L. Weekly Supp. 285, 1998 Fla. LEXIS 2663, 1998 WL 254400

Snippet: Committee was adopted to ensure compliance with section 695.26, Florida Statutes (1997). Comments received after

Boulais v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-01-30

Citation: 706 So. 2d 365, 1998 WL 31447

Snippet: 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: Supreme Court of Florida | Date Filed: 1997-07-17

Citation: 697 So. 2d 144, 22 Fla. L. Weekly Supp. 468, 1997 Fla. LEXIS 1050

Snippet: amendment was adopted to ensure compliance with section 695.26, Florida Statutes (1995). However, the rule, as

Amendments to the Florida Rules of Judicial Administration

Court: Supreme Court of Florida | Date Filed: 1996-10-24

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