Clerk ’ s CORNER
Don ’ t Get Rejected : New Requirements for Recorded Instruments Impacting Real Property
by Karen E . Rushing Clerk of Court and County Comptroller
As Cupid ’ s arrows find their marks this Valentine ’ s Day , recording requirements are also experiencing a heartfelt change . Effective January 1 , 2024 , certain documents affecting real property submitted for recording in Sarasota County ’ s official records must include the preparer ’ s name and address as well as the post office address of each witness . This new requirement applies to “ any instrument by which title to real property or any interest therein is conveyed , assigned , encumbered or otherwise disposed of .” In short , this means any recorded document that affects the ownership of real property . As a result of the changes to section 695.26 of the Florida Statutes , the Sarasota Clerk ’ s Office is prohibited from accepting any document that is submitted for recording without this required information .
Documents affecting ownership of real property must include the preparer ’ s natural name and address or under whose supervision it was prepared . This must be an actual person , not a business name . Additionally , the document must include the preparer ’ s physical or post office box address . These statutorily required items must be legibly printed , typewritten , or stamped on the document .
Prior to the effective change , the law required recorded instruments affecting real property to include the name of each witness legibly printed , typewritten or stamped beneath their signature . Now , the address of each witness must also be legibly printed , typewritten , or stamped on any affected document . The listed address must be a physical address or a post office box , as the law does not permit an email address . As previously mentioned , section 695.26 of the Florida Statutes requires the Clerk of Court to reject documents that do not include the witness address information .
As deeds and easements that are notarized in Florida require witness names , these documents will now also require witness addresses . Other documents “ by which title to real property or interest is conveyed , assigned , encumbered or disposed of ” may or may not have a legal requirement to include witnesses , however , an address is required if a witness is required to be included on the document . If there are no witness signatures required on these other documents , then no addresses are required .
Legal professionals who regularly record documents are urged to avoid heart break by complying with these new requirements and updating their forms accordingly . As the County Recorder , the Sarasota Clerk of the Circuit Court is committed to ensuring compliance with the laws regarding documents submitted for recording within the Official Records of Sarasota County . Please contact our Recording Manager , Laura Bricker , at lbricker @ sarasotaclerkandcomptroller . com if you have any questions regarding these new requirements . We don ’ t want you to experience a rejected document ! �
32 | THE DOCKET - FEBRUARY 2024