Florida Statute 695.26: Recording Requirements, Rejections, and Fees

Florida Statute 695.26 sets out six things that must appear on the face of a deed, mortgage, long-term lease, or other real property instrument before the Clerk of the Circuit Court will accept it for recording. Miss any one of them and the clerk can reject the document, which keeps your interest out of the public records and leaves it exposed to later buyers and creditors.

What the Statute Covers

The rules apply to any instrument that transfers, assigns, encumbers, or otherwise disposes of an interest in real property.¹ In everyday practice that means warranty deeds, quitclaim deeds, mortgages, assignments of mortgage, and satisfactions of mortgage. Leases running longer than one year also fall inside the scope, because they have to be recorded to be effective against later buyers and creditors.²

The Six Recording Requirements

Section 695.26(1) requires all six of the following on the instrument itself.¹

Every signer’s name printed, typewritten, or stamped directly beneath their signature, along with their mailing address.
The name and mailing address of the person who prepared the document, or who supervised its preparation.
Each witness’s signature with their name printed, typewritten, or stamped immediately beneath, plus their mailing address.
The notary public’s or other authorized officer’s name printed, typewritten, or stamped directly beneath their signature.
A 3-inch by 3-inch blank space in the top right corner of the first page, and a 1-inch by 3-inch space in the top right corner of every page after that, reserved for the clerk’s recording stamps and indexing.
For any instrument other than a mortgage that transfers an interest in real property, the name and mailing address of every grantee.

The theme running through the list is legibility. The clerk has to read every name, tie it back to a signature, and index the document so a future title searcher can find it.

How Section 695.26 Connects to Witness and Notary Rules

Section 695.26 says witness names and addresses must be printed beneath the signatures. The witness requirement itself comes from a different statute. Section 689.01 requires two subscribing witnesses for any instrument conveying a freehold estate or an interest lasting more than one year, and both witnesses must be present when the grantor signs.³ A document signed by the grantor alone, with witnesses added afterward, does not satisfy the law.

The acknowledgment can be taken in Florida before a judge, a clerk or deputy clerk of any court, a United States commissioner or magistrate, or a notary public.⁴ The signer confirms to the officer that they are the person named in the document and that they signed voluntarily, and the officer completes a certificate and affixes a seal. Section 695.26 layers on the practical rule that the officer’s printed name has to sit right below the signature so the clerk can read it.

When the Clerk Has Some Flexibility

Section 695.26(2) lets the clerk accept a document where a required name or address is printed on the instrument but not in the exact spot the statute calls for, as long as the connection between the signature and the printed name (or between a name and its address) is apparent.¹ A witness name printed a little off the mark but near the signature line will usually pass. A name buried three pages away from the signature will not.

Documents the Statute Doesn’t Reach

Six categories sit outside Section 695.26 entirely. The clerk cannot reject any of these for failing the formatting rules above.¹

Instruments executed before July 1, 1991, when the statute took effect.
Decrees, orders, judgments, and writs issued by any court.
Documents executed, acknowledged, or proved outside Florida.
Wills, which follow the probate code’s execution rules.
Subdivision plats, which have their own recording standards.
Instruments prepared or executed by a public officer other than a notary public.

What a Rejection Actually Costs You

A rejected document never enters the public records, and that means it gives no constructive notice. Constructive notice is the rule that once a document is properly recorded, everyone is treated as knowing about it, whether they searched or not. Without it, your interest is exposed.

Florida’s recording statute, Section 695.01, treats an unrecorded conveyance, mortgage, or lease of more than one year as ineffective against a later buyer who pays value without actual knowledge of the earlier transaction, and against creditors in the same position.² If your deed is rejected for a missing witness address and the seller then conveys the same property to someone else who records first, the second buyer wins. Your deed is still valid between you and the seller, but that does not get you the house.

The fix for most rejections is simple: correct the deficiency and resubmit. The problem is time. Every day between rejection and successful recording is a day your interest sits unprotected.

Documents Signed Outside Florida

Section 695.26’s formatting rules do not apply to instruments executed, acknowledged, or proved outside Florida. That exemption is limited to 695.26 itself, though. The two-witness execution rule in Section 689.01 still applies to any conveyance of a freehold estate or interest lasting more than one year, wherever the grantor signs.³

For the acknowledgment, Florida recognizes certifications made under the laws of the place where the document was signed. Within the United States, that means a notary public or judge of another state with an official seal. For documents signed abroad, Florida accepts acknowledgments by a foreign notary with an official seal or by a United States diplomatic or consular officer stationed there.⁴

Remote Online Notarization

Section 117.265 lets a Florida notary who is physically inside the state notarize a real property document even when the signer and witnesses are elsewhere, using audio-video communication technology that meets state standards. The entire session has to be recorded and retained.⁵

Identity verification is the core safeguard. The notary confirms the signer’s identity through personal knowledge or through three combined steps: the signer shows a government-issued ID on camera, the notary runs a credential analysis on that ID, and the signer completes knowledge-based authentication or another approved identity-proofing method. If any step fails, the notary cannot proceed. When the signer is outside Florida, the notary also has to confirm the signer wants the notarization performed under Florida law.

One practical caution: even though the statute authorizes remote online notarization, some lenders, title companies, and county recording offices have internal policies that limit acceptance of remotely notarized documents. Confirming acceptance before closing can save you the cost of re-executing in person.

What You Pay at Recording

Getting the format right is only half the job. The clerk also collects fees and, on a transfer, tax. Section 28.24 sets the recording fee at $10.00 for the first page and $8.50 for each additional page, a total that combines the base charge, the Public Records Modernization Trust Fund surcharge, and the per-page service charge.⁶ Documents with more than four indexed names cost an extra $1.00 per additional name. Oversized instruments larger than 8½ by 14 inches, such as certain plats or condominium exhibits, cost $30.00 for the first page and $15.00 for each additional page.

If the instrument transfers ownership, you also owe documentary stamp tax. The rate is $0.70 per $100 of total consideration, including any assumed mortgage balance.⁷ Miami-Dade County is the exception: $0.60 per $100 for single-family residences, and $0.60 plus a $0.45 surtax per $100 for all other property types.⁸ A $400,000 home sale outside Miami-Dade produces $2,800 in documentary stamp tax on the deed alone. The clerk will not record the document without these amounts paid.

1
Justia Law. Florida Code 695 – Section 695.26 Requirements for Recording Instruments Affecting Real Property
2
Florida Senate. Florida Code 695 – Section 695.01 Conveyances and Liens to Be Recorded
3
Florida Senate. Florida Code 689 – Section 689.01 How Real Estate Conveyed
4
Online Sunshine. Florida Code 695 – Section 695.03 Acknowledgment and Proof
5
Online Sunshine. Florida Code 117 – Section 117.265 Online Notarization Procedures
6
FindLaw. Florida Code 28 – Section 28.24 Service Charges by Clerk of the Circuit Court
7
Online Sunshine. Florida Code 201 – Section 201.02 Tax on Deeds and Other Instruments Relating to Real Property
8
Florida Department of Revenue. Documentary Stamp Tax