New Witness Rule for Many RE Docs Starts Jan. 1


To fight property fraud, Fla. law will require witnesses for deeds and “recording instruments affecting real property” to include their full name and mailing address.

TALLAHASSEE, Fla. – A bill passed during the 2023 session of the Florida Legislature, HB 1419, creates a new requirement for “recording instruments affecting real property” in paragraph (c) of subsection (1) of section 695.26, Florida Statutes.

 As another tool to fight property fraud, the name of each witness must include their name “legibly printed, typewritten or stamped immediately beneath the signature of the witness.”

The new requirement applies to deeds and any other instruments by which the title to real property or any interest therein is conveyed, assigned, encumbered or otherwise disposed of when recorded by a clerk of the circuit court.

In the past, an email address was acceptable, and many of Florida’s county clerks have posted a notification on their website.

The full changes to Paragraph (c) of subsection (1) of section 695.26, Florida Statutes are posted on the Senate’s website.

© 2023 Florida Realtors®

©Florida Realtors®

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