CHAPTER 695

695.01 Conveyances and liens to be recorded.

(1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law; nor shall any such instrument made or executed by virtue of any power of attorney be good or effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser.

(2) Grantees by quitclaim, heretofore or hereafter made, shall be deemed and held to be bona fide purchasers without notice within the meaning of the recording acts.

(3) A lien by a governmental entity or quasi-governmental entity that attaches to real property for an improvement, service, fine, or penalty, other than a lien for taxes, non-ad valorem or special assessments, or utilities, is valid and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration only if the lien is recorded in the official records of the county in which the property is located. The recorded notice of lien must contain the name of the owner of record, a description or address of the property, and the tax or parcel identification number applicable to the property as of the date of recording.

History. — ss. 4, 9, Nov. 15, 1828; RS 1972; GS 2480; RGS 3822; CGL 5698; s. 10, ch. 20954, 1941; s. 8, ch. 85-63; s. 2, ch. 2013-241.

695.015 Conveyances by law between governmental agencies, recording.

History. — s. 1, ch. 70-103.

695.02 Blank or master form of instruments may be recorded.

(1) Any person may have a blank or master form of mortgage or other instrument conveying, transferring or reserving an interest in, or creating a lien on, real or personal property, filed, indexed and recorded in the office of the clerk of the circuit court.

(2) When any such blank or master form is filed with the clerk of the circuit court, she or he shall record and index the same in the manner provided by law for recording and indexing mortgages and such other instruments respectively, except that the name of the person whose name appears on such blank or master form shall be inserted in the indexes as grantor and also as grantee.

(3) When any instrument conveying, transferring or reserving an interest in, or creating a lien on, real or personal property, incorporates by reference the provisions, terms, covenants, conditions, obligations, powers and other contents, or any of them, set forth in any such recorded blank or master form, such incorporation by reference, for all purposes, shall be equivalent to setting forth in extenso in such instrument that which is incorporated by reference.

History. — ss. 1, 2, 3, 4, ch. 17109, 1935; CGL 1936 Supp. 5698(1); s. 219, ch. 77-104; s. 762, ch. 97-102.

695.03 Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.

(1) WITHIN THIS STATE. —

(2) WITHOUT THIS STATE BUT WITHIN THE UNITED STATES. —

(3) WITHIN FOREIGN COUNTRIES. —

History. — RS 1973; ch. 5404, 1905; GS 2481; ss. 1, 2, ch. 7849, 1919; RGS 3823; CGL 5699; s. 7, ch. 22858, 1945; s. 1, ch. 28225, 1953; s. 1, ch. 69-79; s. 1, ch. 71-53; s. 26, ch. 73-334; s. 3, ch. 80-173; s. 1, ch. 84-97; s. 763, ch. 97-102; s. 21, ch. 98-246.

695.031 Affidavits and acknowledgments by members of armed forces and their spouses.

(1) In addition to the manner, form and proof of acknowledgment of instruments as now provided by law, any person serving in or with the Armed Forces of the United States, including the Army, Navy, Marine Corps, Coast Guard, or any component or any arm or service of any thereof, including any female auxiliary of any thereof, and any person whose duties require his or her presence with the Armed Forces of the United States, as herein designated, or otherwise designated by law or military or naval command, may acknowledge any instrument, wherever located, either within or without the state, or without the United States, before any commissioned officer in active service of the Armed Forces of the United States, as herein designated, or otherwise designated by law, or military or naval command, or order, with the rank of second lieutenant or higher in the Army or Marine Corps, or of any component or any arm or service of either thereof, including any female auxiliary of any thereof, or ensign or higher in the Navy or United States Coast Guard, or of any component or any arm or service of either thereof, including any female auxiliary of any thereof.

(2) The instrument shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment. No authentication of the officer’s certificate of acknowledgment or otherwise shall be required, and no seal shall be necessary, but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form:

(3) Such acknowledgments by a married woman, who is a member of the Armed Forces of the United States, shall be sufficient in all respects to bar the dower, homestead rights or separate property rights of such married woman in any real estate described in the instrument thus acknowledged by her, as fully and completely as though such married woman had acknowledged such instrument as now required by other statutes.

(4) An acknowledgment by the spouse of a member of the Armed Forces of the United States shall be sufficient in all respects if it is acknowledged in the manner and form herein provided and shall have the same force and effect as though the instrument had been acknowledged as now required by other statutes and such acknowledgment by a married woman who is a spouse of a member of the Armed Forces of the United States shall be sufficient in all respects to bar the dower, homestead rights or separate property rights of such married woman in any real estate described in the instrument thus acknowledged by her as fully and completely as though such married woman had acknowledged such instrument as now required by other statutes.

(5) Any instrument or document acknowledged in the manner and form herein provided shall be entitled to be recorded and shall be recorded as in the case of other instruments or documents properly acknowledged.

(6) This

section is to be liberally construed in favor of the validity of any such acknowledgments by any such member of the Armed Forces of the United States and any acknowledgments heretofore taken, containing words of similar import, are hereby confirmed and declared to be valid and binding. This

section shall be construed as an enabling act and as an exception to existing laws rather than, inferentially or otherwise, as a repeal of the same or any part of the same.

History. — s. 7, ch. 22858, 1945; s. 1, ch. 57-40; s. 764, ch. 97-102; s. 28, ch. 99-6.

695.032 Provisions not applicable to transactions under

chapter 679, Uniform Commercial Code.

History. — s. 1, ch. 65-254.

695.04 Requirements of certificate.

History. — RS 1974; GS 2482; RGS 3824; CGL 5700; s. 2, ch. 84-97.

695.05 Certain defects cured as to acknowledgments and witnesses.

History. — s. 1, ch. 4953, 1901; GS 2483; RGS 3825; s. 1, ch. 11991, 1927; CGL 5701, 5702; s. 1, ch. 14706, 1931; CGL 1936 Supp. 5702(1); s. 11, ch. 20954, 1941.

695.06 Certain irregularities as to venue validated.

History. — s. 1, ch. 11990, 1927; CGL 5703.

695.07 Use of scrawl as seal.

History. — s. 1, ch. 4148, 1893; GS 2484; RGS 3826; CGL 5704.

695.08 Prior use of scrawl as seal.

History. — s. 2, ch. 4148, 1893; GS 2485; RGS 3827; CGL 5705.

695.09 Identity of grantor.

History. — RS 1975; GS 2486; RGS 3828; CGL 5706; s. 3, ch. 84-97; s. 765, ch. 97-102.

695.10 Proof by others.

History. — RS 1976; GS 2487; RGS 3829; CGL 5707; s. 26, ch. 73-334.

695.11 Instruments deemed to be recorded from time of filing.

History. — s. 1, ch. 3592, 1885; RS 1977; GS 2488; RGS 3830; CGL 5708; s. 1, ch. 17217, 1935; s. 1, ch. 67-442; s. 766, ch. 97-102.

695.12 Imperfect record.

History. — s. 1, ch. 3896, 1889; RS 1978; GS 2489; RGS 3831; CGL 5709; s. 767, ch. 97-102.

695.13 Want of certificate of record.

History. — s. 1, ch. 3894, 1889; RS 1979; GS 2490; RGS 3832; CGL 5710; s. 768, ch. 97-102.

695.14 Unsigned certificate of record.

History. — s. 2, ch. 3894, 1889; RS 1980; GS 2491; RGS 3833; CGL 5711.

695.15 Recording conveyances lost by fire.

History. — s. 1, ch. 4950, 1901; GS 2492; RGS 3834; CGL 5712; s. 7, ch. 22858, 1945.

695.16 When mortgage or lien is destroyed.

History. — s. 2, ch. 4950, 1901; GS 2493; RGS 3835; CGL 5713.

695.17 United States deeds and patents may be recorded.

History. — s. 1, ch. 8565, 1921; CGL 5714; s. 769, ch. 97-102.

695.18 Indorsement by clerk.

History. — s. 2, ch. 8565, 1921; CGL 5715; s. 770, ch. 97-102.

695.19 Certified copies of recorded instruments may be recorded.

History. — s. 1, ch. 11989, 1927; CGL 5717.

695.20 Unperformed contracts of record.

(1) Place on record a deed or other conveyance of the property from the holder of the record title; or

(2) Place on record a written instrument executed by the holder of the record title evidencing an extension or modification of the original contract and showing that the original contract remains in force and effect; or

(3) Institute, or have pending, in a court of competent jurisdiction a suit for the enforcement of her or his rights under such contract.

History. — s. 1, ch. 20235, 1941; s. 771, ch. 97-102.

695.22 Daily

schedule of deeds and conveyances filed for record to be furnished property appraiser.

History. — s. 2, ch. 23114, 1945; s. 1, ch. 77-102.

695.25 Short form of acknowledgment.

(1) For an individual acting in his or her own right:

(2) For a corporation:

(3) For a partnership:

(4) For an individual acting as principal by an attorney in fact:

(5) By any public officer, trustee, or personal representative:

History. — s. 1, ch. 73-62; s. 10, ch. 91-291; s. 7, ch. 93-62; s. 772, ch. 97-102.

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:

(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:

(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.

History. — s. 1, ch. 90-183; ss. 8, 22, ch. 94-348; s. 773, ch. 97-102.

695.27 Uniform Real Property Electronic Recording Act.

(1) SHORT TITLE. —

(2) DEFINITIONS. —

(3) VALIDITY OF ELECTRONIC DOCUMENTS. —

(4) RECORDING OF DOCUMENTS. —

(5) ADMINISTRATION AND STANDARDS. —

(6) UNIFORMITY OF APPLICATION AND CONSTRUCTION. —

(7) RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. —

History. — s. 1, ch. 2007-233.

695.28 Validity of recorded electronic documents.

(1) A document that is otherwise entitled to be recorded and that was or is submitted to the clerk of the court or county recorder by electronic means and accepted for recordation is deemed validly recorded and provides notice to all persons notwithstanding:

(2) This

section does not alter the duty of the clerk or recorder to comply with s. 695.27 or rules adopted pursuant to that section.

History. — s. 1, ch. 2011-173.