S 1232

Florida Senate - 2026  SB 1232
By Senator Arrington
25-00534B-26  20261232__
1A bill to be entitled
2An act relating to recording of instruments conveying
3real property; amending s. 117.021, F.S.; requiring
4that electronic signatures for certain notarial acts
5include specified information as a watermark to
6prevent copying; amending s. 695.26, F.S.; prohibiting
7the recording of certain instruments without specified
8identification; defining the term “valid and
9unredacted identification document”; authorizing a
10clerk of the circuit court to return instruments for
11correction in specified circumstances; requiring that
12such instruments be returned within a specified
13timeframe; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17Section 1. Present subsections (4) through (7) of section
18117.021, Florida Statutes, are redesignated as subsections (5)
19through (8), respectively, and a new subsection (4) is added to
20that section, to read:
21117.021 Electronic notarization.—
22(4)When performing a notarial act under s. 695.03, in
23addition to all other requirements of this section, a notary
24public shall use an electronic signature that is accompanied by
25a date, a time stamp, and the names of the grantor and grantee.
26The date, time stamp, and names of the grantor and grantee must
27appear as a watermark through the signature to prevent copying
28the signature to another document.
29Section 2. Present subsections (3) and (4) of section
30695.26, Florida Statutes, are redesignated as subsections (4)
31and (5), respectively, a new subsection (3) is added to that
32section, and subsection (1) of that section is amended, to read:
33695.26 Requirements for recording instruments affecting
34real property.—
35(1) No instrument by which the title to real property or
36any interest therein is conveyed, assigned, encumbered, or
37otherwise disposed of shall be recorded by the clerk of the
38circuit court unless:
39(a) The name of each person who executed such instrument is
40legibly printed, typewritten, or stamped upon such instrument
41immediately beneath the signature of such person and the post
42office address of each such person is legibly printed,
43typewritten, or stamped upon such instrument;
44(b)A clear and legible copy of a valid and unredacted
45identification document in the name of each person who executed
46such instrument is presented to the clerk;
47(c)[(b)] The name and post-office address of the natural
48person who prepared the instrument or under whose supervision it
49was prepared are legibly printed, typewritten, or stamped upon
50such instrument;
51(d)[(c)] The name of each witness to the instrument is
52legibly printed, typewritten, or stamped upon such instrument
53immediately beneath the signature of such witness and the post
54office address of each such person is legibly printed,
55typewritten, or stamped upon such instrument;
56(e)[(d)] The name of any notary public or other officer
57authorized to take acknowledgments or proofs whose signature
58appears upon the instrument is legibly printed, typewritten, or
59stamped upon such instrument immediately beneath the signature
60of such notary public or other officer authorized to take
61acknowledgment or proofs;
62(f)[(e)] A 3-inch by 3-inch space at the top right-hand
63corner on the first page and a 1-inch by 3-inch space at the top
64right-hand corner on each subsequent page are reserved for use
65by the clerk of the court; and
66(g)[(f)] In any instrument other than a mortgage conveying or
67purporting to convey any interest in real property, the name and
68post-office address of each grantee in such instrument are
69legibly printed, typewritten, or stamped upon such instrument.
70
71As used in this subsection, the term “valid and unredacted
72identification document” means a government-issued photographic
73identification card that includes the individual’s name,
74address, photograph, and signature. The term includes, but is
75not limited to, a driver license, a passport, an identification
76card issued by a state, a consular identification card, or a
77permanent resident card.
78(3)The clerk of the circuit court may return an instrument
79for correction if it does not comply with subsection (1). Such
80instrument must be returned within 3 business days after
81receipt.
82Section 3. This act shall take effect July 1, 2026.