What Is eRecording? How Electronic Document Recording Works in Florida

Recording a deed, mortgage, construction lien, or Notice of Commencement once meant delivering paper documents to a county recording office in person, through a courier, or by mail. Electronic recording, usually shortened to eRecording, moves that submission process online.

With eRecording, an eligible document is transmitted securely to the appropriate Florida county recorder. The recorder reviews it under the same legal and technical standards that apply to a paper filing. If the document is accepted, the county adds its official recording information, indexes the instrument in the Official Records, and returns the recorded image electronically.

The result is a faster, more trackable workflow without a routine trip to the courthouse. However, eRecording does not eliminate signatures, notarization, witnesses, taxes, fees, formatting rules, or county review. It changes how the document reaches the recorder, not what makes the instrument legally recordable.

What Is eRecording?

The Property Records Industry Association defines eRecording as electronically registering recordable documents with a recorder or similar jurisdictional authority.

In practical terms, eRecording replaces this traditional workflow:

• Print the document.
• Deliver or mail it to the recording office.
• Wait for the county to process it.
• Receive the original or recorded copy by mail or in person.

With an electronic workflow, the process generally becomes:

• Prepare and execute the document.
• Scan or generate an eligible electronic version.
• Upload it through an eRecording provider.
• Submit the document and recording information electronically.
• Track the county’s review.
• Download the accepted document with the county’s recording stamp.

The county recorder remains the government authority responsible for determining whether the document can be recorded. An eRecording provider supplies the secure connection and workflow between the submitter and participating recording offices.

What Are Florida’s Official Records?

In Florida, the clerk of the circuit court generally serves as the county recorder. Under Section 28.222 of the Florida Statutes, the recorder maintains a series called the Official Records.

These records can include:

• Deeds
• Mortgages
• Assignments and satisfactions of mortgages
• Leases and agreements
• Notices and claims of lien
• Releases and satisfactions of liens
• Notices of lis pendens
• Judgments and judgment satisfactions
• Powers of attorney related to recordable instruments
• Other documents authorized by Florida law

Recording places an eligible instrument in the public record and can provide legal notice to other parties. The county assigns identifying information, usually an instrument number or an Official Records book and page, and indexes the document under the relevant parties’ names.

eRecording delivers a document into this same Official Records system. It does not create a separate or lesser electronic record. Florida law requires electronically and traditionally submitted instruments to be placed in the same county index.

Is eRecording Legal in Florida?

Yes. Florida law expressly authorizes electronic real-property recording.

The state adopted the Uniform Real Property Electronic Recording Act, commonly called URPERA, in Section 695.27 of the Florida Statutes.

Among other things, the law provides that:

• An eligible electronic document can satisfy a requirement that a record be an original, be on paper, or be in writing.
• An electronic signature can satisfy a signature requirement for recording.
• Electronic signatures and associated information can satisfy applicable notarization, acknowledgment, verification, oath, and witnessing requirements.
• County recorders may receive, index, store, archive, and transmit electronic documents.
• Counties that accept electronic documents must continue accepting authorized paper documents.
• Paper and electronic documents must be placed in the same index.

Section 695.28 further addresses the validity of electronic documents accepted for recording.

However, these statutes do not make every document automatically recordable. The instrument must still be legally entitled to recording and meet the requirements that apply to its content and execution.

eRecording Is a Delivery Method, Not a Document Type

The easiest way to understand eRecording is to separate the document from the delivery method.

A Notice of Commencement remains a Notice of Commencement whether it is:

• Hand-delivered to the clerk
• Sent by mail
• Submitted by a courier
• Electronically delivered through an eRecording provider

Similarly, a deed remains a deed, and a construction lien remains a construction lien. eRecording changes the path to the county recorder; it does not change the document’s legal purpose.

This distinction matters because eRecording cannot cure an instrument that is:

• Missing a required signature
• Improperly notarized
• Missing required witnesses
• Legally insufficient
• Submitted to the wrong county
• Missing required taxes or recording fees
• Illegible
• Formatted contrary to applicable recording requirements
• Not authorized for recording under Florida law

eRecording vs. Electronic Signatures and Online Notarization

These terms are often treated as synonyms, but they describe different parts of a transaction.

A document does not have to be signed electronically to be eRecorded. Many eRecorded instruments begin as paper documents with wet-ink signatures and traditional notarizations. The completed paper instrument is scanned and electronically transmitted to the county.

Likewise, an electronic signature does not mean a document has been recorded. Signing, notarizing, submitting, accepting, and recording are separate events.

The Three eRecording Models

Florida’s electronic-recording standards recognize three general submission models.

Model 1: Scanned paper documents

A document is signed and notarized on paper. The submitter scans the completed instrument and transmits the image electronically.

The county examines the scanned image, records it if acceptable, applies the recording information, indexes it, and returns the recorded image electronically.

This is the form of eRecording many contractors, permit expeditors, property managers, and small businesses are most likely to encounter.

Model 2: Document image plus indexing data

A scanned or electronically executed document is transmitted with structured information used to process and index it.

That information can include:

• Document type
• Grantor and grantee names
• Property information
• Number of pages
• Consideration or tax information
• Return information
• Related instrument references

The additional data can reduce repetitive entry and help streamline processing.

Model 3: Fully electronic documents

The document is created, signed, notarized, and transmitted electronically. Its data may be structured so the receiving system can extract information directly.

Not every county, provider, or document type necessarily supports every model or form of electronic signature. County-specific business rules still control what the recorder’s technology can accept.

How eRecording Works in Florida

Although details vary by county and provider, the typical process follows these steps.

Step 1: Identify the correct county

A real-property document is generally recorded in the county where the property is located.

The correct recording destination is not necessarily the county where the owner, attorney, title company, contractor, or lender maintains an office. If a document affects properties in more than one county, separate recordings may be required.

Before submitting, confirm that the county participates in eRecording and accepts the relevant document type. Swift supports electronic submissions in participating Florida counties, including:

• Miami-Dade County
• Broward County
• Hillsborough County
• Palm Beach County

County coverage and document eligibility should be confirmed before relying on electronic submission for a deadline.

Step 2: Prepare and execute the document

The parties prepare the instrument and complete the signatures, witnessing, and notarization required for that type of document.

The eRecording provider generally does not decide:

• Which legal instrument should be used
• Whether the document accomplishes the intended legal result
• Who must sign it
• Whether the signer has authority
• Which exemptions apply
• How a disputed transaction should be structured

Those are preparation and legal-compliance questions. An attorney should be consulted when the correct form or legal effect is uncertain.

Step 3: Review the recording requirements

Before uploading, confirm that the document satisfies Florida law and the county’s business rules.

For many instruments affecting real property, Section 695.26 requires items such as:

• The printed name and address of each person executing the instrument
• A prepared-by name and address
• Printed witness names and addresses when witnesses appear on the instrument
• Legible notary information
• A 3-inch-by-3-inch recording space at the top right of the first page
• A 1-inch-by-3-inch recording space on each subsequent page
• Grantee information when applicable

Additional requirements can apply to specific documents. A deed, mortgage, construction lien, judgment, Notice of Commencement, and association lien do not all have identical execution or tax rules.

Step 4: Create the electronic image or file

A wet-signed document is normally scanned into an accepted file format. A document created and signed electronically may be uploaded in the format supported by the provider and county.

The file should be:

• Complete
• Right-side up
• In the correct page order
• Legible at ordinary viewing size
• Free from cut-off text
• Free from shadows or scanner artifacts
• Clear enough to read signatures and notary seals
• Sized consistently with county requirements

Every exhibit, legal description, rider, and required bond should be included.

Step 5: Enter the submission information

The submitter selects the county and document type, then enters the information the provider and recorder need to route, index, and charge for the instrument.

Depending on the document, this may include:

• Grantor and grantee names
• Owner or lienor names
• Property address
• Parcel or folio number
• Related instrument number
• Book and page reference
• Number of pages
• Consideration amount
• Documentary stamp information
• Return recipient
• Contact information

This data should match the document. A spelling discrepancy or incorrect document type can delay processing or create indexing problems.

Step 6: Authorize the applicable charges

An eRecording transaction may include several separate costs:

• Statutory county recording fees
• Indexing fees
• Documentary stamp taxes, when applicable
• Intangible tax, when applicable
• Certification or copy charges
• Provider service or processing fees

Recording electronically does not eliminate taxes or clerk charges. The final total depends on the document, page count, number of indexed names, transaction value, county requirements, and provider.

Step 7: Submit the electronic package

The provider transmits the document, indexing data, and payment information through a secure connection to the county recorder.

At this point, the transaction is submitted, but it is not necessarily recorded.

This distinction is especially important when:

• A lien deadline is approaching
• A real-estate closing depends on priority
• A Notice of Commencement is needed before an inspection
• A judgment must be recorded
• A satisfaction or release is time-sensitive

Florida law generally treats an instrument as officially recorded when the recorder accepts it and assigns the required official number, not when the user clicks “Submit.” The Lee County Clerk’s eRecording guidance, for example, expressly warns that electronic submission through a provider does not itself mean the document has been recorded.

Step 8: The county examines the submission

The recorder reviews the package for recordability.

This review can include:

• Whether Florida law authorizes the instrument to be recorded
• Required signatures
• Notarial acknowledgment
• Witness information
• Prepared-by information
• Recording margins
• Page dimensions and legibility
• Document type
• Indexing information
• Required attachments
• Recording fees and taxes

The recorder is not ordinarily determining whether the underlying transaction is wise, fair, enforceable, or free from every possible legal defect. County staff also cannot provide legal advice or select a document for the submitter.

Step 9: The county accepts or rejects the document

If the document meets the applicable requirements, the county accepts and records it.

The clerk adds information such as:

• The recording date and time
• Instrument or document number
• Official Records book and page, when used
• County identification
• Recording stamp or endorsement

If the document cannot be recorded, it is returned electronically with a rejection explanation.

Step 10: The result returns to the submitter

The recorded image or rejection notice is returned through the eRecording account.

For an accepted document, the submitter should verify:

• The county is correct.
• The complete instrument was recorded.
• All exhibits and attachments appear.
• The recording stamp is legible.
• The instrument number is present.
• The grantor, grantee, owner, lienor, or other names were indexed correctly.
• Taxes and fees were assessed as expected.

The document can then be saved to the transaction, permit, closing, legal, or property-management file.

What Documents Can Be eRecorded in Florida?

Document eligibility varies by county and provider. A county may accept a document in person or by mail but not through every electronic channel.

Commonly eRecorded instruments include:

Real-estate documents

• Warranty deeds
• Quitclaim deeds
• Mortgages
• Mortgage assignments
• Mortgage modifications
• Satisfactions of mortgage
• Easements
• Affidavits affecting title
• Releases and corrective instruments

Swift provides electronic recording support for real-estate professionals, title and escrow companies, and lending and financial organizations.

Construction documents

• Notices of Commencement
• Notices of Termination
• Claims of lien
• Releases of lien
• Satisfactions
• Certain payment or performance bonds
• Other eligible construction instruments

Contractors and permit expeditors can use eRecording to manage eligible construction filings without routinely traveling to county recording offices.

For a closer look at one frequently recorded construction document, see the guide to Notices of Commencement in Palm Beach County.

Legal documents

Depending on the county and instrument, eligible documents may include:

• Certified judgments
• Judgment liens
• Satisfactions of judgment
• Settlement-related instruments
• Affidavits
• Releases
• Certain notices

Legal professionals should confirm whether the document belongs in the Official Records or a court case. eRecording is not a substitute for filing pleadings through the Florida Courts E-Filing Portal.

Association and property-management documents

Eligible instruments can include:

• Association liens
• Releases and satisfactions
• Declaration amendments
• Covenants
• Other recordable property documents

Swift offers eRecording workflows for HOAs and property-management companies.

Government documents

Participating agencies may electronically submit supported liens, releases, notices, and other official instruments. More information is available for government agencies.

Are There Documents That Cannot Be eRecorded?

Yes. Restrictions vary by county.

For example, the Palm Beach County Clerk identifies certain instruments that cannot be processed through its eRecording system, including specified bond-related documents, foreign judgments, military discharge documents, plats, and transfers of liens or judgments to security.

Another county may maintain a different list. Eligibility can also vary among providers serving the same county.

Before submitting an unfamiliar document, confirm:

• Florida law authorizes it to be recorded.
• The county accepts that document type electronically.
• The selected provider supports that document type in that county.
• Any original, certification, attachment, tax, or identity requirements can be satisfied electronically.

How Long Does eRecording Take?

eRecording usually removes mail and travel time, but it does not guarantee immediate or same-day recording.

The total turnaround depends on:

• When the package is submitted
• County operating hours and cutoff times
• Submission volume
• Document complexity
• Whether taxes or fees require review
• Image quality
• Indexing accuracy
• County staffing
• Whether the document is accepted on the first submission

The Palm Beach County Clerk states that eRecording submissions may be made 24 hours a day but does not guarantee same-day recording. Miami-Dade similarly explains that recorded images become available after county processing.

A portal may accept an upload at night or on a weekend, but the county may not review it until its next processing period.

For a deadline-sensitive instrument, do not equate:

• Account upload time
• Provider transmission time
• County receipt time
• County acceptance time
• Official recording time

They may be different timestamps.

Why Are eRecorded Documents Rejected?

Rejection does not necessarily mean the document’s purpose is invalid. It means the recorder could not accept the instrument as submitted.

Common causes include:

Missing or defective notarization

Potential problems include:

• Missing notary signature
• Illegible or incomplete seal
• Missing acknowledgment language
• Missing date
• Signer not identified
• Representative capacity omitted
• Incorrect venue
• Blank method-of-appearance selection
• Notary commission information missing or illegible

Missing signatures or witness information

A required signature may be absent, or the printed name and address associated with a signer or witness may be incomplete.

Missing prepared-by information

Many real-property instruments must identify the natural person who prepared the document or supervised its preparation.

Incorrect margins or page size

The recorder needs clear space for its electronic endorsement. Content extending into the recording area can cause rejection.

Poor image quality

A scan may be too dark, too light, skewed, blurred, incomplete, or reduced to an unreadable size. A notary seal that was legible on paper may disappear in a low-quality scan.

Missing exhibits or attachments

The submission may refer to a legal description, rider, bond, schedule, or other exhibit that is not included.

Incorrect document type or indexing data

The selected category or party information may not match the instrument.

Missing or incorrect fees and taxes

Deeds, mortgages, and other instruments may require documentary stamp tax, intangible tax, or special fees in addition to ordinary recording charges.

Wrong county

A real-property instrument submitted to a county where the property is not located may not be recordable there.

Unsupported document type

The county may accept the instrument on paper but not through eRecording, or the selected provider may not support that combination of county and document type.

How to Correct an eRecording Rejection

When a submission is rejected:

• Read the entire rejection explanation.
• Compare the comments with the document and county rules.
• Determine whether the original instrument can be resubmitted or must be re-executed.
• Correct indexing or payment data where appropriate.
• Obtain new signatures or notarization if the executed document itself must change.
• Include every required page and attachment.
• Resubmit through the provider.
• Track the replacement transaction through final acceptance.

Do not alter a signed or notarized instrument in a way that makes the acknowledgment inaccurate. If a substantive correction is needed, consult the document preparer or an attorney.

A rejected transaction does not reserve the original submission’s place in the Official Records. This makes pre-submission review particularly important when priority or a statutory deadline is involved.

Is eRecording Secure?

Florida’s electronic-recording framework includes security requirements.

Under Section 695.27, state standards must require safeguards designed to keep electronic documents accurate, authentic, preserved, and resistant to tampering. Florida Administrative Code Rule 1B-31.002 further requires transmitting and receiving parties to be able to authenticate each other and protect documents from unauthorized viewing or alteration during transmission, processing, and delivery.

A properly designed eRecording workflow can provide:

• Secure transmission
• Authenticated submitter accounts
• Transaction identifiers
• Status tracking
• Electronic payment records
• An audit trail
• Electronic return of county responses
• Reduced risk of physical documents being lost in transit
• Retention of wet-signed originals by the submitter in many workflows

Security does not eliminate the need for internal controls. Organizations should still:

• Restrict account access
• Use unique user credentials
• Review user permissions
• Protect payment accounts
• Verify county and document selections
• Store originals securely
• Confirm recorded documents independently
• Remove access promptly when staff members leave
• Watch for unexpected submissions or recording alerts

Businesses evaluating a provider can also review its security practices.

Benefits of eRecording

Faster delivery to the county

Electronic transmission eliminates postal transit, courier scheduling, and travel to the recording office.

Status visibility

Submitters can track whether a transaction is pending, accepted, recorded, or rejected.

Electronic return of recorded documents

The recorded image returns to the account without waiting for the physical original to come back by mail.

Fewer payment problems

The workflow calculates or collects applicable charges electronically, reducing issues associated with checks in an incorrect amount. The submitter remains responsible for accurate transaction data.

Better record organization

Recorded documents and county responses can be retained with the corresponding client, permit, closing, loan, or property file.

Reduced risk to originals

In a scanned-document workflow, the wet-signed original generally remains with the submitter instead of traveling through the mail.

Access from multiple locations

Authorized users can submit documents from an office, jobsite, or another location with appropriate internet access.

Easier multi-county workflows

A business serving several Florida counties can manage supported transactions through one process instead of maintaining a separate courthouse-delivery routine for each jurisdiction.

eRecording Limitations

eRecording is efficient, but it is not automatic recordation.

It does not:

• Prepare the legal document
• Choose the correct form
• Provide legal advice
• Verify ownership or signature authority
• Cure an invalid acknowledgment
• Guarantee county acceptance
• Guarantee same-day recording
• Extend a statutory deadline
• Guarantee the legal effect of an instrument
• Replace required service on other parties
• Replace filing with a permitting authority or court
• Make every document eligible for electronic submission
• Prevent fraud merely because a transaction is electronic

The county controls recordability and final processing time. The submitter remains responsible for the document’s accuracy, legal sufficiency, timeliness, and destination.

Who Uses eRecording in Florida?

eRecording is useful for organizations that regularly create, process, or record property-related documents, including:

• Contractors
• Permit expeditors
• Attorneys and legal professionals
• Title and escrow companies
• Real-estate companies
• Mortgage lenders and servicers
• HOAs and condominium associations
• Property managers
• Municipal and government agencies
• Judgment creditors
• Document-recording professionals
• Property owners with eligible instruments

High-volume users benefit from centralized tracking, while occasional users can avoid a courthouse trip for a single time-sensitive document when supported.

A Pre-Submission eRecording Checklist

Before clicking “Submit,” verify the following.

County and document eligibility

• Is this the county where the property is located?
• Does the county accept this document electronically?
• Does the provider support this document type in that county?
• Is the instrument authorized for recording under Florida law?

Document execution

• Have all required parties signed?
• Are signer names printed legibly?
• Are required witness names and addresses present?
• Is the notarial certificate complete?
• Is the notary’s information and seal legible?
• Is the signer’s representative capacity shown when necessary?

Property and indexing information

• Is the legal description correct?
• Is the property address correct?
• Is the parcel or folio number correct when required?
• Do grantor, grantee, owner, lender, contractor, or lienor names match the document?
• Are references to earlier recorded instruments accurate?

File quality

• Are all pages included?
• Are exhibits attached?
• Are the pages in the correct order?
• Is every page upright and readable?
• Are signatures and seals clear?
• Is the clerk’s recording space unobstructed?
• Does the file meet the county’s page-size requirements?

Charges and timing

• Have the correct recording fees been authorized?
• Have applicable documentary stamp and intangible taxes been addressed?
• Are indexing or certification fees included?
• Is enough time available to correct a possible rejection?
• Has the transaction been tracked through actual county acceptance?

Frequently Asked Questions

Record Florida Documents Without the Courthouse Trip

eRecording replaces a paper-delivery process with a secure, trackable electronic workflow:

• Prepare and execute the document.
• Upload it through an approved recording service.
• Send it to the correct participating county.
• Track the county’s examination.
• Correct a rejection if necessary.
• Download and verify the recorded instrument.

The central legal principle is simple: electronic submission is not the same as official recording. The process is complete only when the county accepts the document and returns the assigned recording information.

This article provides general educational information and is not legal advice. Recording requirements depend on the document, transaction, county, and current Florida law. Consult a qualified Florida attorney when document selection, execution, priority, taxes, deadlines, ownership, or legal effect is uncertain.