Specific Recording Requirements by Document Type

Florida Statute 695.26 requires that documents affecting real property – by conveyance, encumbrance, assignment, or disposition – must include the following elements. Some exceptions apply. 

• Legibly printed name and mailing address of:
  • The individual who prepared the document
  • Person(s) who executes the document (e.g. Grantor for conveyances)
  • Witnesses to the document execution
  • Grantee to the document
• Legibly printed name of the person acknowledging the document (such as a Notary Public), along with their commission number, date of expiration, and stamp or seal.

A Declaration of Domicile is a sworn statement that you are a bona fide resident and maintain a place of abode in Florida. They are recordable only in the county where one resides.

A signed and notarized Declaration of Domicile(PDF, 153KB) may be recorded electronically, in person, or via mail. Recording and indexing fees apply.

If you choose to deliver your document to our office in person and request that a Deputy Clerk attest to your signature, you will need your valid photo ID; an additional attestation fee will apply.

A Declaration of Domicile is not an application for Homestead Exemption.

Contact the Property Appraiser’s Office for information about Homestead Exemption.

A Notice of Commencement (NOC) is a notarized statement, signed by a property owner and filed with the Clerk and Comptroller, authorizing and detailing improvements that will be made to real property. A Notice of Commencement is often required to be recorded in order to receive a building permit and to have a copy certified by the Clerk posted at the job site.

The Clerk and Comptroller’s office does not provide forms for Notice of Commencement or Termination. Contact your local building department for information about the building permit process and required forms.

Pursuant to Chapter 713 of the Florida Statutes, and in addition to standard recording requirements, a Notice of Commencement must include the following:

• Description of the property – either a legal description or property address in Sarasota County
• General description of the improvement
• Legibly printed name and mailing address of the property owner
• Legibly printed name and mailing address of the contractor
• Signature of the owner or authorized representative and acknowledgement by a Notary Public
• Payment of Recording Fees

Certified copies of a Notice of Commencement can be purchased at the time of recording by including the Certification and Copy Fees.

Pursuant to Chapter 713 of the Florida Statutes, a Notice of Termination of Notice of Commencement must include the following:

• All elements listed above, including payment of recording fees
• Recording information for the recorded Notice of Commencement (the instrument number and date of recording).
• A statement or affidavit of the contractor indicating all lienors have been paid in full.

Notices of Commencement or Termination may be recorded in person, through the mail, or electronically with a registered eRecording Providers.

An original or certified copy of a Certificate of Discharge from Military Service may be recorded into the Official Records. There is no charge for this service. Bring your document to one of the Clerk’s Office locations in Sarasota or Venice. Or mail to:

Pursuant to Chapter 689 of the Florida Statutes, documents that convey real property in Sarasota County, such as Deeds and Easements, must include the following.

• Standard recording requirements
• Requirements for documents that affect real property (F.S. 695.26, see above)
• Statement of consideration – Taxes are due on the consideration amount, unless an exemption applies and is clearly stated on the document.
• Payment of Recording Fees

A qualifying lien may be transferred to a cash or surety bond upon written request. The written request should clearly identify the lien to be transferred by citing the Official Records instrument number.

Because of statutory service requirements, this document cannot be electronically recorded and must be submitted via mail or in person.

The bond amount must comply with F.S. 713.24 or 475.811 and must be paid with a guaranteed source of funds – cash, cashier’s check, or money order (made payable to the Sarasota County Clerk and Comptroller).

A Certificate of Transfer of Lien to Bond requires the following Clerk fees; guaranteed funds are not required for these fees.

• Recording and Indexing fees
• Certified Mailing fees
• Certificate of Transfer of Lien to Bond by Clerk fee
• Bond Approval fee, for surety bonds

Upon written request, a Certificate of Discharge or Return of Bond will be issued and recorded, provided the required statutory criteria have been met. There is no charge for this service.

Notice documents that require the Clerk to send a copy of the recorded instrument to designated parties must meet the recording requirements for documents that affect real property and also require payment of additional fees.

Because of statutory service requirements to designated parties, these documents cannot be electronically recorded and must be submitted via mail or in person. This includes:

• Notice of Contest of Lien – Mailed to the property owner and lienor
• Notice of Homestead – Mailed to all lienors on the Notice
• Notice of Interest – Mailed to the property owner

The following Clerk fees apply.

• Recording and Indexing fees
• Certified Mailing fees
• Certificate of Service by Clerk fee
• Copy fees, where applicable

Surveys of real property located in Sarasota County can be recorded if they comply with standard recording requirements and are not larger than 8.5” x 14” in size. Standard recording fees apply. Recorded surveys will be returned to the submitter or designated returnee.

Plat Maps must be originals, submitted on medium suitable for archival purposes in person or by mail, meet the requirements of F.S.177, and be no smaller than 24” x 36” in size. Plat recording fees apply. The Clerk retains recorded plats.

Certificates of Compliance must be submitted with all statutorily required documentation. In addition to the fee prescribed by F.S. 713.585 to record the Certificate of Compliance, additional page recording fees apply for supporting documentation attachments.

A Report of Sale may be recorded separately or as part of a Certificate of Compliance, upon payment of statutory recording fees, and cannot be recorded before the sale occurs.