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Statewide changes to recording requirements begin January 1

Due to recent legislative changes, certain documents recorded into the official record of counties throughout Northeast Florida will soon be required to include the postal address of each witness. These upcoming changes, which can be found in Florida Statute 695.26, will affect recording requirements statewide. Beginning January 1, 2024, the County Clerk’s offices will not be able to accept affected 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 any interest therein is conveyed, assigned, encumbered, or otherwise disposed of.” Generally, this means any document that affects the ownership of real estate. Applicable documents already required witnesses to print their names under the signatures, and the new requirements will now also require those witnesses to list their addresses under their signatures as well. The witness’s address must be a physical address or PO Box. Email addresses are not acceptable.

Affected document types include, but are not limited to:

  • Deeds
  • Mortgages
  • Easements
  • Agreements, Affidavits, Notices, or Memorandums for Deed
  • Agreements, Affidavits, Notices, or Memorandums of Interest in Land

“We know this is a significant change that will affect many of our customers,” said Duval County Clerk Jody Phillips. “Our team is committed to spreading the word throughout our community to make the transition as seamless as possible. The Clerk’s Office stands ready to assist all who need our help.”

For more information, a list of other affected document types, and an example of an updated template including the new address section, please visit www.duvalclerk.com/recordingwitness or contact the County Clerk where you live or work.

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About The Author

Marcia Hodgson

A longtime community news and sports reporter, Marcia Hodgson worked for daily and weekly newspapers in Massachusetts, Alaska, Connecticut, New Hampshire, and Florida, prior to joining NEFAR as Communications Director. She has a BA degree in political science from George Washington University and an MFA in creative writing from the University of Tampa. In her spare time, she enjoys beach combing, reading, traveling, researching her genealogy, and having dinner with friends and family.

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