New Witness Address Requirements Begin January 1, 2024
Due to recent legislative changes, certain documents recorded into the Official Record of Duval County will soon be required to include the postal address of each witness. These upcoming changes, which can be found in Fla. Statute 695.26, will affect recording requirements statewide. Beginning on January 1, 2024, the Clerk's Office will not be able to accept affected documents submitted for recording without the required witness address information.
What are the changes beginning on January 1?For affected document types (see list below), the post office address of each witness must be legibly printed, typewritten, or stamped on the documents underneath their signature. This address must be a physical address or PO Box. An email address is not sufficient. The changes to Fla. State 695.26 require the Clerk's Office to reject documents that do not include this witness address information as of January 1, 2024.
For an example of an updated template that reflects the new witness address requirements, please click here.
What documents are affected?The new requirements apply to any "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 in any way. A list of affected document types is included below, but if you are unsure if a document you are recording is affected, you may wish to seek legal advice from an attorney.
Document types affected by the new requirements may include:
- Claim of Lien
- Other Deeds (Deed of Assumption, Deed Mortgage, Deed of Trust, Curative Notice, Etc.)
- Modification of Mortgage
- Mortgage (Including Documentary Stamp Exempt, Intangible Tax Exempt, Exempt from Both, Fully Taxable)
- Partial Release of Lien or Mortgage
- Release or Satisfaction of Lien or Mortgage
- Mobile Home Retirement or Affixation
- Notice of Contest of Lien (Construction or HOA)
- Notice of Interest in Land
- Notice of Bond
- Notice of Homestead
- Notice of Contest of Claim Against Payment Bond