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Florida Statute 695.11 | Lawyer Caselaw & Research
F.S. 695.11 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 695.11

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 695
RECORD OF CONVEYANCES OF REAL ESTATE
View Entire Chapter
F.S. 695.11
695.11 Instruments deemed to be recorded from time of filing.All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court of any county in the State of Florida, and which are to be recorded in the “Official Records” as provided for under s. 28.222, and which are filed for recording on or after the effective date of this act, shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time she or he affixed thereon the consecutive official register numbers required under s. 28.222, and at such time shall be notice to all persons. The sequence of such official numbers shall determine the priority of recordation. An instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series.
History.s. 1, ch. 3592, 1885; RS 1977; GS 2488; RGS 3830; CGL 5708; s. 1, ch. 17217, 1935; s. 1, ch. 67-442; s. 766, ch. 97-102.

F.S. 695.11 on Google Scholar

F.S. 695.11 on Casetext

Amendments to 695.11


Arrestable Offenses / Crimes under Fla. Stat. 695.11
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 695.11.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FEDERAL NATIONAL MORTGAGE ASSOCIATION, v. JKM SERVICES, LLC, FOR CEDAR WOODS HOMES CONDOMINIUM ASSOCIATION, INC., 256 So. 3d 961 (Fla. App. Ct. 2018)

. . . sections 28.222, (regarding clerks of court, official records, and register of recorded instruments), 695.11 . . .

TIKHOMIROV, v. BANK OF NEW YORK MELLON f k a N. A. A,, 223 So. 3d 1112 (Fla. Dist. Ct. App. 2017)

. . . . § 695.11. . . . .

BLACK POINT ASSETS, INC. v. FEDERAL NATIONAL MORTGAGE ASSOCIATION FANNIE MAE a, 220 So. 3d 566 (Fla. Dist. Ct. App. 2017)

. . . Stat. (2014); see also §§ 695.01, 695.11, Fla. . . .

BARTON, v. METROJAX PROPERTY HOLDINGS, LLC, a LLC, a v. a, 207 So.3d 304 (Fla. Dist. Ct. App. 2016)

. . . ” state to a “race-notice” state based on the addition of the following language in 1967 to section 695.11 . . .

BANK OF AMERICA, N. A. v. KIPPS COLONY II CONDOMINIUM ASSOCIATION, INC. a CHARLES C. A., 201 So. 3d 670 (Fla. Dist. Ct. App. 2016)

. . . Section 695.11, Florida Statutes (2004), provides that “[t]he sequence of [official register numbers . . .

L. SAULNIER F. v. BANK OF AMERICA, N. A., 187 So. 3d 854 (Fla. Dist. Ct. App. 2015)

. . . Luskin, 560 So.2d 283, 286 (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument . . . Luskin, 560 So.2d 283, 286 (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument . . .

U. S. BANK NATIONAL ASSOCIATION, v. F. FARHOOD a k a F. E. Jr., 153 So. 3d 955 (Fla. Dist. Ct. App. 2014)

. . . creditors and subsequent purchasers, conveyances & mortgages on real property must be recorded); and 695.11 . . . the parties’ liens, based on any evidence submitted by the parties and the application of sections 695.11 . . .

CITY OF PALM BAY, v. WELLS FARGO BANK, N. A., 114 So. 3d 924 (Fla. 2013)

. . . Because the language contained in sections 162.09, 695.11, and related provisions does not expressly . . . I would likewise find that there is nothing in section 695.11 that expressly preempts the City of Palm . . . Wachovia Bank, N.A, 52 So.3d 796, 800 (Fla. 5th DCA 2010), section 695.11 is a “mechanism for determining . . . Because there is no express limitation by section 695.11, The City of Palm Bay had authority under section . . . Section 695.11, Florida Statutes (2004), provides that “[t]he sequence of [official register numbers . . . The Fifth District states that section 695.11 "codifies ... the common law rule of first in time, first . . .

DESAK, v. VANLANDINGHAM, a, 98 So. 3d 710 (Fla. Dist. Ct. App. 2012)

. . . Dolgencorp, Inc., 964 So.2d 261, 267 (Fla. 4th DCA 2007) (“We read the ‘notice’ provision of section 695.11 . . . at such time [as the clerk affixes the official register numbers] shall be notice to all persons.” § 695.11 . . .

D. MAYFIELD, J. v. FIRST CITY BANK OF FLORIDA,, 95 So. 3d 398 (Fla. Dist. Ct. App. 2012)

. . . The current version of section 695.11, provides: All instruments which are authorized or required to . . . This Court affirmed, finding that, under section 695.11, an instrument was deemed officially recorded . . . This Court found that priority was not contingent upon indexing and the plain language of section 695.11 . . . In Anderson, this court viewed the dictates of section 695.11, Florida Statutes, as unambiguous. . . . In light of the foregoing line of cases, we find the unambiguous language of section 695.11 controls . . .

CITY OF PALM BAY, v. WELLS FARGO BANK, N. A., 57 So. 3d 226 (Fla. Dist. Ct. App. 2011)

. . . We conclude it cannot because Palm Bay’s ordinance conflicts with a state statute: section 695.11, Florida . . . In relevant part, section 695.11, Florida Statutes, provides that any instruments required to be recorded . . . The only way ordinance 97-07 can be effective is by violating the terms of section 695.11. . . .

ARGENT MORTGAGE COMPANY, LLC, v. WACHOVIA BANK N. A., 52 So. 3d 796 (Fla. Dist. Ct. App. 2010)

. . . The earliest version of section 695.11 dates back to 1885. . . . Nothing in the case law suggests that section 695.11 modifies section 695.01. . . . Section 695.11 also applies to indexing errors. . . . Notably, however, Rice does not mention section 695.11 and recording was not an issue. . . . (citing section 695.11, Florida Statutes)). . . .

HON REALTY CORP. a v. FIRST AMERICAN TITLE INSURANCE CO. a, 291 F. App'x 951 (11th Cir. 2008)

. . . . § 695.11, the state’s recording statute for encumbrances and liens against real property. . . . Stat. § 695.11. Accordingly, we affirm the judgment of the district court. . . . Stat. § 695.11, with the Miami-Dade County clerk of court until two weeks after Hon Realty closed on . . . Stat. § 695.11. See also Fla. Stat. Ann. § 162.09(3) (West 2000) (providing same). . . . Ann. § 695.11 (West 2000). . Appellee's request for oral argument is denied. . . .

ORIX FINANCIAL SERVICES, INC. f k a v. D., 977 So. 2d 658 (Fla. Dist. Ct. App. 2008)

. . . In Anderson, this court viewed the dictates of section 695.11, Florida Statutes, as unambiguous. . . . the official register numbers required by law “and at such time shall be notice to all persons.” § 695.11 . . .

WINN- DIXIE STORES, INC. a v. DOLGENCORP, INC. a L. L. C. a, 964 So. 2d 261 (Fla. Dist. Ct. App. 2007)

. . . Section 695.11, Florida Statutes (2006) states that an instrument, like a lease, which is “authorized . . . We read the “notice” provision of section 695.11 as a general description of the legal effect of recording . . .

BROWARD COUNTY, v. RECUPERO,, 949 So. 2d 274 (Fla. Dist. Ct. App. 2007)

. . . Florida Statutes section 695.11 provides that instruments are deemed to be recorded from the time of . . .

PICKER FINANCIAL GROUP L. L. C. v. HORIZON BANK,, 293 B.R. 253 (M.D. Fla. 2003)

. . . Florida Statute 695.11 as to real property and Florida Statute 679.312 as to personal property. . . .

SUNTRUST BANK, v. RIVERSIDE NATIONAL BANK OF FLORIDA,, 792 So. 2d 1222 (Fla. Dist. Ct. App. 2001)

. . . Priorities of liens are strictly controlled by section 695.11, which places them in the order in which . . . be recorded before the accruing of the right of such creditor or subsequent purchaser.”), [e.s.] . § 695.11 . . . numbers shall have priority over any instrument bearing a higher number in the same series.”), [e.s.] . § 695.11 . . .

WOLF As U T D F B O FBO IRA DTD EJS a v. SPARIOSU Co. S. W. FL., 706 So. 2d 881 (Fla. Dist. Ct. App. 1998)

. . . . § 695.11 (1995). . . . Section 695.11 (1995) provides: Instruments deemed to be recorded from time of filing. . . .

LAMCHICK, GLUCKSMAN JOHNSTON, P. A. a v. CITY NATIONAL BANK OF FLORIDA,, 659 So. 2d 1118 (Fla. Dist. Ct. App. 1995)

. . . See § 695.11, Fla.Stat. (1993); Martinez v. Reyes, 405 So.2d 468, 469 (Fla. 3d DCA 1981). . . . Section 695.11 specifically provides that recorded judgments: shall be deemed to have been officially . . . Pursuant to Section 695.11, LGJ had priority because its lien was recorded before the appellee’s lien . . . This principle is statutorily embodied in Section 695.11 which exclusively establishes priorities between . . .

ANDERSON v. NORTH FLORIDA PRODUCTION CREDIT ASSOCIATION, n k a ACA,, 642 So. 2d 88 (Fla. Dist. Ct. App. 1994)

. . . recordation, and because the priority of competing claims to real property is determined pursuant to section 695.11 . . . recorded” when the instrument is accepted by the court clerk and is given “official register numbers.” § 695.11 . . . However, we do not read Mlecka as altering the plain meaning of section 695.11. . . . of the relevant documents, rather than by application specific requirements of sections 695.01 and 695.11 . . . a pro se litigant, and does not specifically consider the issue here involved nor even cite section 695.11 . . .

DOLLAR SAVINGS AND TRUST COMPANY, v. R. SOLTESIZ M. P. T. M. DOLLAR SAVINGS AND TRUST COMPANY, v. BARNETT BANK OF SOUTHWEST FLORIDA R. M., 636 So. 2d 63 (Fla. Dist. Ct. App. 1994)

. . . judgment lien is established upon its recordation pursuant to the provisions of chapter 55 and section 695.11 . . .

DIAMOND, v. De LEMOS,, 614 So. 2d 3 (Fla. Dist. Ct. App. 1993)

. . . intervenors, argued that such an award determined a priority of creditors conflicting with sections 55.10, 695.11 . . .

In FORFEITURE UNITED STATES CURRENCY IN THE AMOUNT OF NINETY- ONE THOUSAND THREE HUNDRED FIFTY- SEVEN AND DOLLARS, 595 So. 2d 998 (Fla. Dist. Ct. App. 1992)

. . . Section 695.11, Florida Statutes, specifically provides that the effective time of recording is the point . . .

BAKALARZ, v. LUSKIN n k a s a a, 560 So. 2d 283 (Fla. Dist. Ct. App. 1990)

. . . Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded from the time of . . .

In BERKLEY MULTI- UNITS, INC. E. VENNEY W. a v. ARENA,, 104 B.R. 455 (Bankr. M.D. Fla. 1989)

. . . mortgage of the Prices was recorded, therefore, pursuant to the recording statute of this State, Fla.Stat. 695.11 . . . Fla.Stat. 695.11 provides, inter alia, that the priority of mortgages shall be determined in the sequence . . .

J. ARCHER v. LEVY, 543 So. 2d 863 (Fla. Dist. Ct. App. 1989)

. . . Clearly pursuant to the provisions of Section 695.11, Florida Statutes (1983), the Levys, as the prospective . . .

PATERSON, v. BRAFMAN,, 530 So. 2d 499 (Fla. Dist. Ct. App. 1988)

. . . . § 28.222(3)(c), Fla.Stat. (1985); see § 695.11, Fla.Stat. (1985); Sapp v. . . . document upon which he based his title search designated the property by its street address alone.) . 695.11 . . .

In BERKLEY MULTI- UNITS, INC. D ALFONSO D v. VINNEY,, 91 B.R. 150 (Bankr. M.D. Fla. 1988)

. . . In turn, Fla.Stat. 695.11 (1987) provides as follows: INSTRUMENTS DEEMED TO BE RECORDED FROM TIME OF . . .

MARTINEZ, v. REYES T., 405 So. 2d 468 (Fla. Dist. Ct. App. 1981)

. . . Since both judgments were properly recorded as required by Section 55.10(1), we next look to Section 695.11 . . . , Florida Statutes, which addresses this precise issue: 695.11 Instruments deemed to be recorded from . . . liens on the same piece of property, and our legislature has chosen the method prescribed in Section 695.11 . . .

TRUSTEES OF TUFTS COLLEGE, v. TRIPLE R. RANCH, INC. COMPASS ROSE CORPORATION, v. TRIPLE R. RANCH, INC. TRIPLE R. RANCH, INC. v. COMPASS ROSE CORPORATION,, 275 So. 2d 521 (Fla. 1973)

. . . On the other hand, in Sections 695.11 and 695.24, for example, the Legislature clearly indicated retroactive . . . (Emphasis supplied.) . 695.11 Instruments deemed to be recorded from time of filing. — All instruments . . .

B. A. MICHAELS v. ALBERT PICK CO. a, 158 Fla. 877 (Fla. 1947)

. . . Appellee contends that the recording statutes, F.S.A. 691.01 and 695.11, protect him, but he overlooks . . .