What Are the Witness Requirements for a Florida Deed?

Section 689.01 states that an estate or interest of freehold in Florida land, or a term of more than 1 year, may be created, transferred or released only by a written instrument signed in the presence of two subscribing witnesses. No seal is needed, and leases need no witnesses.

Under section 689.01(2), witnesses may also be present and sign electronically by audio video communication technology, as defined in section 117.201. When the signature is electronic, the witness must hear the signer state that the signer has signed the electronic record.

For recording, section 695.03 requires acknowledgment before an authorized officer, such as a notary public, or proof by a subscribing witness. Section 695.26(1) bars the clerk from recording the deed unless the name of each signer and each witness is printed immediately beneath that person's signature and each one's post office address appears on the deed. The deed must also show the name and post office address of the preparer and each grantee, the notary's printed name beneath the notary's signature, and a 3 inch by 3 inch space reserved for the clerk at the top right corner of the first page, with a 1 inch by 3 inch space on each later page.

Section 695.26 does not apply to some instruments, including those executed, acknowledged or proved outside Florida and court orders. Recording in Brevard County is covered in where Melbourne deeds are recorded. More is on the real estate practice page.