Under current Florida law, deeds conveying title to or an interest in real property must, in addition to the notarization of the grantor(s) signature(s), be witnessed by two witnesses (FS 695.01). Few states have such a rule, but Florida Notary Signing Agents and Notary Signing Agents of other states who handle Florida deeds are familiar with this requirement. House Bill 1419 now requires the post office address of each witness to be legibly printed, typewritten, or stamped on the deed. Notary Signing Agents therefore should be aware of this new requirement.

 

FL House Bill 1419

Legislation

State: Florida
Signed: June 14, 2023

Effective: July 01, 2023
Chapter: 2023-238

Summary
House Bill 1419 amends the requirements for witnesses to certain instruments affecting the title to or an interest in real property and creates a statutory quitclaim deed form.

Affects

Amends Section 695.26 of and adds Section 695.025 to the Florida Statutes.

Changes

1. Prohibits a clerk of the circuit court from recording an instrument conveying, assigning, encumbering, or otherwise disposing of title or any interest in real property unless the post office address of each witness is legibly printed, typewritten, or stamped on the instrument.
2. Creates a statutory quitclaim deed to convey title to or an interest in real property.

Analysis

Under current Florida law, deeds conveying title to or an interest in real property must, in addition to the notarization of the grantor(s) signature(s), be witnessed by two witnesses (FS 695.01). Few states have such a rule, but Florida Notary Signing Agents and Notary Signing Agents of other states who handle Florida deeds are familiar with this requirement. House Bill 1419 now requires the post office address of each witness to be legibly printed, typewritten, or stamped on the deed. Notary Signing Agents therefore should be aware of this new requirement.

House Bill 1419 also creates a statutory quitclaim deed that may be used to convey title to or an interest in real property. Since a quitclaim deed must be recorded in the land records, acknowledgment of the grantor or grantors signatures is required, and Notaries routinely notarize these signatures. In Florida, a general warranty deed provides full warranties to the title and the grantor’s right to convey it. By contrast, a quitclaim deed provides no warranties of any kind and conveys only that interest which the grantor has in the property, if any. (See the final House bill analysis for HB 1419,) While a quitclaim deed is recognized in Florida, until House Bill 1419 there was no statutory quitclaim deed form. By creating a statutory quitclaim deed form, HB 1419 provides needed uniformity for quitclaim deeds used in the state.

The new quitclaim deed form takes effect on July 1, 2023, while the provision requiring the addresses of the witnesses to deeds takes effect on January 1, 2024.

 

 

Read House Bill 1419.