Florida Statute 695.26(5) Requirements for Recording Instruments Affecting Real Property takes effect on January 1, 2024.
The Volusia County Clerk's office will not record an instrument by which title to real property or interest is conveyed, assigned,
encumbered or disposed of unless:
- The names of each witness are legibly printed, typewritten or stamped immediately beneath the signature of the witness.
- The post office address of each witness is legibly printed, typewritten, or stamped on each instrument.
These statutory requirements will be strictly enforced.
Florida Statute 695.26(b) Requirements for Recording Instruments Affecting Real Property.
Starting January 1, 2024, the name and post office address of the natural person who prepared the instrument or under whose
supervision it was prepared must be legibly printed, typewritten, or stamped upon such instrument. This statutory requirement
will be strictly enforced starting January 1, 2024. We will no longer accept only a company name at the top;
it must reflect a "natural person" as the preparer.
Florida Statute 117.05 Use of Notary Commission. Starting January 1, 2024, all requests for documents to be recorded in Official Records that
require a notary must meet the Notary Public-State of Florida requirements if a Florida notary has executed the Notary Act. Please review this statute
in full; samples of the jurat or certificate of acknowledgment are referenced in this statute and must contain all elements.
Common errors include: Missing location of the notarial act performed, missing indication of how the act was performed in person or online,
missing specific type of identification used to identify the signer, missing or illegible stamp. After January 1, 2024, we will no longer
accept notarized documents that fail to meet the statutory requirements.