THE BILL ITSELF
HB 1111
Recording of Instruments Conveying Real Property
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A bill to be entitled
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An act relating to recording of instruments conveying
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real property; amending s. 117.021, F.S.; requiring
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electronic signatures for certain notarial acts to
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include specified information as a watermark to
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prevent copying; amending s. 695.26, F.S.; prohibiting
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the recording of certain instruments without specified
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identification; defining the term "valid
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identification document"; authorizing a clerk of the
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circuit court to return instruments for correction in
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specified circumstances; requiring such instruments to
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be returned within a specified timeframe; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (4) through (7) of section 117.021,
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Florida Statutes, are renumbered as subsections (5) through (8),
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respectively, and a new subsection (4) is added to that section,
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to read:
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117.021 Electronic notarization.—
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(4) When performing an electronic notarial act under s.
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695.03, in addition to all other requirements of this section, a
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notary public shall use an electronic signature that is
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accompanied by a date, time stamp, and the name of the grantor
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and grantee. The date, time stamp, and name of the executing
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party shall appear as a watermark through the signature to
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prevent copying the signature to another document.
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Section 2. Subsections (3) and (4) of section 695.26, Florida Statutes, are renumbered as subsections (4) and (5),
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respectively, subsection (1) is amended, and a new subsection
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(3) is added to that section, to read:
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695.26 Requirements for recording instruments affecting
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real property.—
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(1) No instrument by which the title to real property or
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any interest therein is conveyed, assigned, encumbered, or
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otherwise disposed of shall be recorded by the clerk of the
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circuit court unless:
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(a) The name of each person who executed such instrument
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is legibly printed, typewritten, or stamped upon such instrument
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immediately beneath the signature of such person and the post-
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office address of each such person is legibly printed,
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typewritten, or stamped upon such instrument;
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(b) A clear and legible copy of a valid and unredacted
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identification in the name of each person who executed such
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instrument is presented to the clerk;
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(c)(b) The name and post-office address of the natural
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person who prepared the instrument or under whose supervision it
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was prepared are legibly printed, typewritten, or stamped upon
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such instrument;
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(d)(c) The name of each witness to the instrument is
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legibly printed, typewritten, or stamped upon such instrument
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immediately beneath the signature of such witness and the post
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office address of each such person is legibly printed,
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typewritten, or stamped upon such instrument;
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(e)(d) The name of any notary public or other officer
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authorized to take acknowledgments or proofs whose signature
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appears upon the instrument is legibly printed, typewritten, or
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stamped upon such instrument immediately beneath the signature
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of such notary public or other officer authorized to take
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acknowledgment or proofs;
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(f)(e) A 3-inch by 3-inch space at the top right-hand
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corner on the first page and a 1-inch by 3-inch space at the top
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right-hand corner on each subsequent page are reserved for use
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by the clerk of the court; and
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(g)(f) In any instrument other than a mortgage conveying
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or purporting to convey any interest in real property, the name
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and post-office address of each grantee in such instrument are
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legibly printed, typewritten, or stamped upon such instrument.
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As used in this subsection the term "valid identification
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document" means a government-issued photographic identification
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card that includes the individual's name, address, photograph,
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and signature and includes, but is not limited to, a driver
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license, a passport, an identification card issued by a state, a
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consular identification card, or a permanent resident card.
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(3) The clerk of the circuit court may return an
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instrument for correction if it does not comply with subsection
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(1). Such instrument must be returned within 3 business days
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after receipt.
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Section 3. This act shall take effect July 1, 2026.