Florida Senate - 2026 SB 1232
By Senator Arrington
25-00534B-26 20261232__
1 A bill to be entitled
2 An act relating to recording of instruments conveying
3 real property; amending s. 117.021, F.S.; requiring
4 that electronic signatures for certain notarial acts
5 include specified information as a watermark to
6 prevent copying; amending s. 695.26, F.S.; prohibiting
7 the recording of certain instruments without specified
8 identification; defining the term “valid and
9 unredacted identification document”; authorizing a
10 clerk of the circuit court to return instruments for
11 correction in specified circumstances; requiring that
12 such instruments be returned within a specified
13 timeframe; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Present subsections (4) through (7) of section
18 117.021, Florida Statutes, are redesignated as subsections (5)
19 through (8), respectively, and a new subsection (4) is added to
20 that section, to read:
21 117.021 Electronic notarization.—
22 (4) When performing a notarial act under s. 695.03, in
23 addition to all other requirements of this section, a notary
24 public shall use an electronic signature that is accompanied by
25 a date, a time stamp, and the names of the grantor and grantee.
26 The date, time stamp, and names of the grantor and grantee must
27 appear as a watermark through the signature to prevent copying
28 the signature to another document.
29 Section 2. Present subsections (3) and (4) of section
30 695.26, Florida Statutes, are redesignated as subsections (4)
31 and (5), respectively, a new subsection (3) is added to that
32 section, and subsection (1) of that section is amended, to read:
33 695.26 Requirements for recording instruments affecting
34 real property.—
35 (1) No instrument by which the title to real property or
36 any interest therein is conveyed, assigned, encumbered, or
37 otherwise disposed of shall be recorded by the clerk of the
38 circuit court unless:
39 (a) The name of each person who executed such instrument is
40 legibly printed, typewritten, or stamped upon such instrument
41 immediately beneath the signature of such person and the post
42 office address of each such person is legibly printed,
43 typewritten, or stamped upon such instrument;
44 (b) A clear and legible copy of a valid and unredacted
45 identification document in the name of each person who executed
46 such instrument is presented to the clerk;
47 (c)(b) The name and post-office address of the natural
48 person who prepared the instrument or under whose supervision it
49 was prepared are legibly printed, typewritten, or stamped upon
50 such instrument;
51 (d)(c) The name of each witness to the instrument is
52 legibly printed, typewritten, or stamped upon such instrument
53 immediately beneath the signature of such witness and the post
54 office address of each such person is legibly printed,
55 typewritten, or stamped upon such instrument;
56 (e)(d) The name of any notary public or other officer
57 authorized to take acknowledgments or proofs whose signature
58 appears upon the instrument is legibly printed, typewritten, or
59 stamped upon such instrument immediately beneath the signature
60 of such notary public or other officer authorized to take
61 acknowledgment or proofs;
62 (f)(e) A 3-inch by 3-inch space at the top right-hand
63 corner on the first page and a 1-inch by 3-inch space at the top
64 right-hand corner on each subsequent page are reserved for use
65 by the clerk of the court; and
66 (g)(f) In any instrument other than a mortgage conveying or
67 purporting to convey any interest in real property, the name and
68 post-office address of each grantee in such instrument are
69 legibly printed, typewritten, or stamped upon such instrument.
70
71 As used in this subsection, the term “valid and unredacted
72 identification document” means a government-issued photographic
73 identification card that includes the individual’s name,
74 address, photograph, and signature. The term includes, but is
75 not limited to, a driver license, a passport, an identification
76 card issued by a state, a consular identification card, or a
77 permanent resident card.
78 (3) The clerk of the circuit court may return an instrument
79 for correction if it does not comply with subsection (1). Such
80 instrument must be returned within 3 business days after
81 receipt.
82 Section 3. This act shall take effect July 1, 2026.