What are Florida's 2024 Statute 695.26 address requirements

Starting January 1, 2024, certain documents recorded in Florida's Official Records must include the post office address of each witness and the witness's name. This requirement is due to changes in section 695.26 of the Florida Statutes. The Clerk's office will not accept documents submitted for recording without the required witness address information.

The new requirement applies to any instrument by which the title to real property or interest is conveyed, assigned, encumbered, or disposed of. In simpler terms, it includes deeds and other documents that impact real estate ownership. All deeds and easements notarized in Florida require witness names, so they will also require witness addresses. An address is needed only if witnesses are included for other documents affecting property title or interest. If no witnesses are on these other documents, no addresses are required.

The post office address of each witness must be legibly printed, typewritten, or stamped on these documents. This means that when including the witness's post office address, it should be written or printed clearly and easily readable. Illegible or unclear addresses may result in the Clerk's office rejecting the document.

This new witness requirement ensures that the witness addresses are readily accessible and can be used for official correspondence or legal purposes. Having the witness's post office address clearly on the document helps maintain transparency and accountability in real estate transactions. Any inaccuracies or omissions in the witness address may lead to delays in the recording process or potential legal issues.

The requirement for witness addresses to be physical addresses or PO boxes is in place to uphold legal standards, ensure reliable contact information, protect witness privacy, and maintain consistency in document recording practices. It is an essential element of the recording process that helps maintain the integrity and transparency of real estate transactions in Florida. The witness address requirement specifies that only physical addresses or PO boxes are acceptable, while email addresses are not permitted. This distinction is essential for several reasons:

• Verification and Contact: A physical address or a PO box is a verifiable and tangible location where individuals can be reached through traditional mail services. In legal matters, having reliable contact information for witnesses is crucial. Physical addresses and PO boxes provide a means of contacting witnesses for legal notifications, court appearances, or any other official communications related to the document.

• Legal Compliance: Many legal processes rely on the physical location of individuals, such as serving legal notices or summoning witnesses to testify in court. Using email addresses does not guarantee the same level of compliance with legal requirements, as email addresses can change frequently, be misspelled, or become outdated.

• Security and Privacy: Physical addresses and PO boxes offer privacy and security that email addresses may not provide. Witnesses' personal information is often sensitive, and disclosing email addresses on publicly recorded documents may expose them to privacy risks, including spam, phishing attempts, or identity theft.

• Uniformity and Clarity: Requiring physical addresses or PO boxes ensures uniformity and clarity in document recording. Physical addresses and PO boxes are universally understood and follow standardized formats, making it easier for officials, legal professionals, and parties involved in the transaction to interpret and use the information consistently.

It's important to understand the consequences when attempting to record a document in Florida without including the required witness address. The Clerk's office is bound by the legal requirements outlined in section 695.26 of the Florida Statutes, which mandates the inclusion of witness address information on certain documents recorded in Florida's Official Records.

If you submit a document for recording without the necessary witness address information, the Clerk's office is obligated by law to take specific actions:

• Document Rejection: The primary consequence is that the Clerk's office will reject the document. This means that your document will not be officially recorded or filed as part of the public record. Rejection occurs because the document does not meet the legal requirements for recording in Florida.

• Notification: Upon rejecting the document, the Clerk's office typically provides notification or feedback explaining the reason for rejection. This notice will likely indicate that the document lacks the required witness address information and provides instructions on correcting the issue.

• Corrective Action: To proceed with the recording, you must amend the document to include the missing witness address information. This can involve revising the document and ensuring that the post office addresses of all witnesses are clearly and accurately included. Once the document complies with the statutory requirements, you can resubmit it for recording.

It's crucial to note that this rejection process is not a discretionary action by the Clerk's office but a legal obligation. The purpose behind this requirement and the resulting rejection is to maintain the integrity and completeness of the public record, ensuring that all recorded documents meet the statutory standards.

The following documents will require witness addresses if witnesses are included. Please note that all deeds and easements notarized in Florida require witnesses.

• Affidavit: A sworn statement of facts, including types like Affidavit of Sufficient Funds, Scriveners Affidavit, Affidavit of Lost Assignment, and Affidavit of Notice of Interest.

• Affidavit Taxable: A sworn statement of facts with taxable implications.

• Agreement for Deed: A legal contract outlining the sale of property with a deferred transfer of the deed.

• Agreement Taxable: A taxable property-related agreement.

• Assignment: The transfer of ownership or rights, including Assignment Taxable, which has taxable implications.

• Claim of Lien: A legal notice of a right to claim a lien on a property due to unpaid debt.

• Deed: A legal document transferring property ownership from one party to another.

• Other Deeds: Various types of property-related deeds like Deed of Trust and Curative Notice.

• Deed of Assumption: A document specifying the transfer of responsibility for a mortgage.

• Deed Mortgage: A deed associated with a mortgage.

• Easement: A legal right to use another person's property for a specific purpose.

• Modification of Mortgage: Changes made to the terms of a mortgage.

• Mortgage: A legal agreement for borrowing money to purchase a property.

• Notice of Commencement: A notice that signifies the start of a construction project.

• Note with Real Property: A written acknowledgment of a debt related to real property.

• Partial Release of Lien or Mortgage: A document releasing a portion of a property lien or mortgage.

• Release or Satisfaction of Lien or Mortgage: A document confirming the debt on a property has been paid.

• Termination of Notice of Commencement: A notice indicating the completion of a construction project.

• Waiver of Release of Lien: A document waiving the right to claim a lien on a property.

• Mobile Home Retirement or Affixation: A process to retire or affix a mobile home to real property.

• Notice of Contest of Lien: A notice challenging the validity of a lien, often related to construction or homeowner associations.

• Notice of Interest in Land: A notice indicating an individual or entity's interest in a specific piece of land.

• Notice of Bond: A notice regarding a bond associated with a property.

• Notice of Homestead: A declaration of a property as a homestead, often for legal and tax purposes.

• Notice of Contest of Claim Against Payment Bond: A notice challenging a claim against a payment bond.

• Request for Release of Transfer of Lien to Security: A request to release a lien and transfer it to a security instrument.

Remember, starting January 1, 2024, Florida's Official Records require witness addresses and names on specific real estate documents in compliance with Section 695.26 of the Florida Statutes. Witness addresses must be clearly provided, and only physical addresses or PO boxes are accepted; email addresses are not valid. Non-compliance may lead to document rejection by the Clerk's office, ensuring transparency and accuracy in real estate transactions. Be prepared for this change to ensure seamless document recording in 2024.

[1] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0695/Sections/0695.26.html