New Witness Address Requirements Begin Jan. 1
The Clerk of Court Recording Department records, indexes, and archives all documents that create the Official Records of Hillsborough County. Approximately 25 million documents have been recorded in the Official Records since 1846 and 2,000 new documents are recorded each day. In addition to recording documents, the Recording Department collects money for documentary stamp taxes, intangible taxes, recording fees, and other miscellaneous fees.
Florida Statutes are amended to reflect the changing needs and concerns of Florida citizens. In an effort to curb the rise of property fraud, a recent amendment to Florida Statute Section 695.26, regarding the recording of documents affecting real property, went into effect at the first of the year.
As of January 1, 2024, certain documents presented for recording in Hillsborough County Official Records require two witnesses, along with the name of each witness. These documents must also include the post office address of each witness in addition to the witness’s name. The post office address of each witness must be legibly printed, typewritten, or stamped on these documents. The post office address of each witness must be a physical address or post office box, an email address will not suffice. Section 695.26 authorizes the Clerk’s office to not accept documents submitted for recording without the required witness address information. Documents that do not meet the statutory requirements of section 695.26 are non-recordable documents and presenters of those documents for recording will be given notice of rejection and removal.
What documents are affected?
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…”
Section 695.26 will apply to, including but not limited to, the following document types:
- Affidavits “by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of…”
- Agreements, Affidavits, Notices or Memorandums for Deed
- Deeds
- Easements
- Agreements, Affidavits, Notices or Memorandums of Interest in Land