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Effective January 1, 2024, Florida Statute 695.26 will require instruments that convey, assign, encumber, or otherwise dispose of any interest in real property to contain the post office address of each witness to the instrument.
Question 1: What documents are included in this new requirement?
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. This includes leases and agreements for deed. The new requirement does not apply to notices of commencement.
Question 2: Must it be a physical address or does a post office box meet the requirement?
Either a physical address or a post office box meets the requirement.
Question 3: Is the address of the witness subject to being redacted if a protected person files a redaction request?
Yes, the address is subject to being redacted if a protected person files the redaction request. The redaction request form is at this link: Redaction-Request-Form-10022021_searchable-2.pdf (indianriverclerk.com)
Should you have any additional questions, please contact the Recording Department at 772-226-3100, Option 2, Option 6.
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