IMPORTANT PLEASE READ: Effective January 1, 2024, all instruments that convey, assign, encumber, or otherwise dispose of any interest in real property must 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)

Official Records

Many types of documents are recorded in the Clerk’s Office. Mortgages, deeds, assignments, leases, agreements, notices, claims of liens, satisfactions and other instruments relating to the ownership, transfer, encumbrance of or claims against real or personal property or any interest therein. Other documents recorded are court documents, declarations of domicile, and certain federal instruments.

The recording of documents is limited to the types of documents that are authorized by statute. If a document is not authorized or directed to be recorded by statute, the document cannot be recorded. Though a document may be important to the person requesting recordation, the desire to have the document appear in the Official Records is not a sufficient legal basis for recording the document.  

Any person has the right to request that a county recorder remove from a publicly available Internet website information made exempt from inspection or copying under s. 119.071, F.S. or an image or copy of a public record, including an official record, from a publicly available Internet website if that image or copy is of a military discharge; death certificate; or a court file, record, or paper relating to matters or cases governed by the Florida Rules of Family Law, the Florida Rules of Juvenile Procedure, or the Florida Probate Rules. Information described in s. 28.222(2), F.S., (grantor, grantee and party names), will not be removed from the Official Record or the index even if otherwise exempt under s. 119.071.

Any person has the right to request that a county recorder or clerk of the court add information to a publicly available Internet website if that information involves the identity of a respondent against whom a final judgment for an injunction for the protection of a minor under s. 741.30, s. 784.046, or s. 784.0485, F.S., is entered, unless the respondent is a minor.

Recording fees
The recording fee for recording a document is $10.00 for the first page and $8.50 for each additional. There is an indexing fee applied to all documents. If there are over 4 names to be indexed there is a $1.00 fee for each additional name. Recording a subdivision plat is $30.00 for the first page and $15.00 for each additional page.

Documentary stamps
This office also serves as a collection agent for the Florida Department of Revenue. It is the duty of this office to collect the required documentary and intangible taxes on documents such as deeds and mortgages unless exempt. The current documentary stamp tax fee for a deed is .70 cents per $100.00 based on the consideration. Consideration may be the amount paid, amount of any encumbrance, value of a trade, or combinations of one or more of these. Please consult with this office or the Department of Revenue for assistance in determining consideration. The current documentary stamp tax fee for a mortgage is .35 cents per $100.00 based on the mortgage amount. When figuring the documentary stamp tax, you always round up to the next hundred. Also, on a mortgage intangible tax is due at the rate of 2 mills (.002) of the actual mortgage amount.

Documentary stamp tax notice:
Failure to pay the full amount of documentary stamps due will result in a penalty under §201.17(2)(b), F.S.  The penalty is equal to 10 percent of any unpaid tax and may escalate to 50 percent of the unpaid tax, depending on the amount of time the tax is unpaid.  Interest of one percent per month is charged based upon the amount of tax due from the date of recordation until the tax is paid.  Additional penalties may apply.

There is a continuing obligation to pay documentary stamp taxes based on the consideration, as required by law and defined by code, on value paid for a deed transferring any interest in real property.  If incorrect documentary stamp taxes are paid, penalty and interest may accrue. The definition of consideration may be highly technical and may require assistance.  This office has very limited information and advises that in all cases you contact the Florida Department of Revenue for exact directions. They may be reached at Florida Department of Revenue Taxpayer Services, Monday through Friday, 7 a.m. to 6 p.m., at 800-352-3671.  Or you may want to contact James McAdams, Program Director, Property Tax Oversight, Florida Department of Revenue, PO Box 3000, Tallahassee, FL 32315-3000, 850-488-3338, [email protected].