My office has received several questions regarding the types of documents that may be accepted and which must be rejected for recording according to official records statutes. Below are the guidelines for documents and instruments our office is authorized by Florida Statutes to record.
Documents Authorized by Statute to be Recorded
Our office serves as the County Recorder and may only record those documents authorized by law. Sect. 28.222. Florida Statutes specifies nine classifications of documents that the Clerk of Court is authorized to record. Generally, the documents concern property transactions or matters.
- Deeds, leases, bills of sale, agreements, mortgages, notices or claims of lien, notice of levy, tax warrants, tax executions, and other instruments relating to the ownerships, transfer, or encumbrance of or claims against real or personal property or any interest in it; extensions assignments, releases, cancellations, or satisfaction of mortgages and liens, and powers of attorney relating to any instruments.
- Notices of lis pendens, including notices of an action pending in a United States court.
- Judgments, including certified copies of judgments, and assignments, releases, and satisfactions of the judgments.
- That portion of a certificate of discharge, separation or service which indicates the character of discharges, separation, or service with respect to the military, air, or naval forces of the United States.
- Notices of liens for taxes, or other liens, in favor of the United States, and certificates discharging, partially discharging, or releasing the liens.
- Certified copies of petitions, decrees of adjudication and orders approving trustee bonds under the U. S. Bankruptcy Act.
- Certified copies of death certificates issued by the Florida Department of Health which excludes the information that is confidential under sect. 382.08, and certified copies of death certificates issued by another state whether they exclude the information made confidential by sect. 382.08.
- Copies of any document created and executed under the Uniform Real Property Electronic Recording. (This classification is inapplicable as our office is prepared to accept electronic documents for electronic recording.)
- Any other instruments required or authorized by law to be recorded. (Examples are judgments and orders pursuant to sect. 28.29)
Format and Formalities Required
Florida Statutes, in section 695.26, provide a list of formal requirements required for any instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of. No such instrument shall be recorded by our office unless:
- 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;
- 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;
- The name of each witness to the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such witness;
- 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;
- 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 is reserved for use by the clerk of the court; and
- 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.
The preceding section and its formalities do not apply to:
- An instrument executed before July 1, 1991.
- A decree, order, judgment, or writ of any court.
- An instrument executed, acknowledged, or proved outside of this state.
My duty as Clerk to record an instrument of a type specified in sect. 28.222, and which meets the formal requirements of sect. 695.26.