Florida Statutes
Fla. Stat. § 695.26 (2025)
Requirements for recording instruments affecting real property.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(c) An instrument executed, acknowledged, or proved outside of this state.
(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.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 1996–2022 · leading case: Amendments to Rules of Jud. Admin.-Reorg., 939 So. 2d 966 (Fla. 2006).
Amendments to Rules of Jud. Admin.-Reorg., 939 So. 2d 966 (Fla. 2006). “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). Subdivision (e) was eliminated because the transition period for letter-size and recycled paper was no longer necessary.”
Amendments to the Florida Rules of Jud. Admin., 682 So. 2d 89 (Fla. 1996). “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").”
Amendment to Florida Rule of Jud. Admin. 2.055(c), 697 So. 2d 144 (Fla. 1997). “This amendment was adopted to ensure compliance with section 695.26, Florida Statutes (1995). However, the rule, as proposed by the Florida Bar Judicial Administration Rules Committee and as adopted by this Court, is.”
Robert Feldman, Etc. v. Jeffrey Schocket (Fla. 3d DCA 2022). “; § 695.26(1), Fla. Stat. (2022). The disclaimer statute makes no provision for partial compliance.”
Pope v. Carrington Mortg. Servs., LLC (Bankr. M.D. Fla. 2021). “Last, § 695.26(1)(a) of the Florida Statutes, requires real estate conveyance documents to include the correct name of the signatories, providing: No instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed…”
Amendment to Florida Rule of Jud. Admin. 2.055(c), 711 So. 2d 29 (Fla. 1998). “The amendment as proposed by the Judicial Administration Rules Committee was adopted to ensure compliance with section 695.26, Florida Statutes (1997). Comments received after we adopted the rule change indicated that the amendment was broader than what is required by the…”
Anthony Lennen v. Marriott Ownership Resorts, Inc. (11th Cir. 2021). “Therefore, if the trust documents were properly executed and formatted, see Fla. Stat. § 695.26 , the county was required to record them, see id.”
— 695.26(1) — 1 case
Robert Feldman, Etc. v. Jeffrey Schocket (Fla. 3d DCA 2022). “; § 695.26(1), Fla. Stat. (2022). The disclaimer statute makes no provision for partial compliance.”
— 695.26(1)(a) — 1 case
Pope v. Carrington Mortg. Servs., LLC (Bankr. M.D. Fla. 2021). “Last, § 695.26(1)(a) of the Florida Statutes, requires real estate conveyance documents to include the correct name of the signatories, providing: No instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed…”
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