Witnesses No Longer Required for Florida Leases

Before July 1, 2020, Section 689.01, Florida Statutes required that all leases with a term of longer than one year had to be signed in the presence of two witnesses. This requirement applied to both residential and commercial leases. On June 27, 2020, Governor Ron DeSantis signed HB 469, which removed  the “two subscribing witnesses” requirement from section 689.01 for all leases signed on or after July 1, 2020. Section 689.01 now says, “No estate or interest of freehold, or for a term of more than one year…shall be created…in any manner other than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating…such estate, interest, or term of more than one year…; provided, however, that no subscribing witnesses shall be required for a lease of real property or any instrument pertaining to a lease of real property.” 

Caleb Hinton is located in the firm’s Orlando office where he focuses his practice on commercial real estate transactions. He may be reached at chinton@www.deanmead.com or by phone at 407-428-5134.