Commissioners of Deeds

A Commissioner of Deeds is an officer appointed and commissioned by the Governor whose function is to take acknowledgments of execution and to administer oaths in a foreign country in connection with a timeshare property located in the State of Florida.

The office of Commissioner of Deeds is a public office that has existed since 1831. The first Commissioners of Deeds for the State of Florida were authorized to “notarize” any document, provided that it was to be used or recorded in Florida. The Governor was also able to appoint commissioners to states within the United States. The powers were similar to those of a Florida Notary Public, except that the notarial acts were performed outside the state of Florida.

In 1997 the powers of a Commissioner of Deeds in Florida were significantly reduced. Currently, Commissioners of Deeds may only "notarize" documents that are related to a timeshare estate located in Florida. CODs are still appointed to a certain country and may only act in that country. Although the statutes only allow appointment to countries outside of the 50 United States, the Governor has appointed CODs to act in the United States outside of the state of Florida, and there are several currently active commissioners appointed as such. With Notaries Public available in all countries, there has been a decrease in need for the services of a Commissioner of Deeds. Therefore, there are very few Commissioners of Deeds in the state of Florida. There are approximately 90 actively-commissioned Commissioners of Deeds for the State of Florida. Most of these commissioners are working under the supervision of a vacation club or timeshare firm, and most commissioners are actively commissioned in more than one country.

If a resident of a foreign country wanted to purchase a timeshare condominium in Florida, the real estate firm in Florida would send a Commissioner of Deeds to the potential purchaser to “notarize” the closing paperwork, such as the mortgage. This would enable the document to be recorded in accordance with Florida law. Another common situation where a commissioner would be used is if an American tourist is abroad and meets with a vacation club representative, and wishes to purchase a timeshare in Florida. Provided that the representative is a Commissioner of Deeds, he or she could “notarize” the potential purchasers' signatures on all necessary paperwork.

Other states such as Texas, Maine, New York, and Kentucky have statutory provisions allowing the governor to appoint Commissioners of Deeds; however, these commissioners are authorized to authenticate any document to be used or recorded in the commissioning state. In addition, none of those four states are actively appointing commissioners. Florida is the only state which restricts the type of documents authorized to be authenticated by a commissioner to documents related to timeshare estates.

The requirements to become a Commissioner of Deeds for the State of Florida are generally the same as to become a notary. However, no bond is required and commissioners are not required to authenticate their acts with an official seal, although most commissioners do use a stamp seal similar to the type notaries use. Commissioners of Deeds are required to complete notarial certificates in the same manner as notaries in Florida. The term of office is four years.