Florida special warranty deed
Here is what Florida actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- Clerk of the Circuit Court
- Witnesses
- 2 + notary
- Transfer tax
- $0.70 per $100 of consideration
- First-page margin
- 3″ top
- Recording fee
- ~$10 first page
- E-recording
- Generally available
What a special warranty deed does in Florida
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders use it almost exclusively.
When Florida homeowners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What Florida requires on the deed
These are the execution and formatting rules circuit court clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Florida says |
|---|---|
| Recording office | Clerk of the Circuit Court |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | 2 witnesses in addition to the notary. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
Florida requires 2 witnesses
Florida requires two subscribing witnesses to the grantor's signature on a deed conveying an interest in real property (Fla. Stat. § 689.01). The notary may serve as one of the two witnesses, but a second, separate witness is still required.
A spouse may have to sign even if they are not an owner
Both spouses must join in a conveyance or mortgage of homestead property, even if only one spouse is on the title (Fla. Const. art. X, § 4(c)).
How to complete and record it in Florida
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Clerk of the Circuit Court can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Florida's statutory language, the correct notary block, and the 3-inch first-page margin circuit court clerks expect.
- Sign in front of a notaryBring photo ID and 2 witnesses. Do not sign in advance. Every signature has to be made in the notary's presence.
- Record it with the Clerk of the Circuit CourtFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Florida
| Cost | Typical amount |
|---|---|
| Recording fee | About $10 for the first page plus about $8.50 per additional page |
| Transfer tax | Documentary stamp tax: $0.70 per $100 of consideration ($0.60 per $100 in Miami-Dade County, plus a $0.45 surtax on non-single-family property) |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Florida charges a documentary stamp tax of $0.70 per $100 of consideration ($0.60 per $100 in Miami-Dade County, plus a $0.45 surtax on non-single-family property). It is customarily paid by the grantor. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: a gift of unencumbered property with no consideration (minimum $0.70 tax still applies) and transfers between spouses of a marital home within one year of dissolution of marriage. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Florida
Florida deeds are recorded with the Clerk of the Circuit Court in the county where the property sits, not where you live. There are 67 counties in Florida.
Most Florida recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Florida: Miami-Dade, Broward, Palm Beach, Hillsborough, Orange, Duval, Pinellas, Lee, Polk, Brevard, Pasco, Volusia. See all Florida recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of Florida law that catch people out
- Florida requires TWO witnesses to the grantor's signature in addition to the notary. This is the single most common reason a Florida DIY deed gets rejected. The notary can be one of the two witnesses, but you still need a second person.
- Florida homestead law requires BOTH spouses to sign a conveyance of a homestead property, even when only one spouse's name is on the deed.
- Documentary stamp tax applies to any mortgage balance the grantee takes subject to. A $0 sale price does not mean $0 tax if there is a loan on the property.
- Leave a 3-inch by 3-inch blank block at the top right of page one. Florida clerks stamp there and will reject deeds that fill it.
- Florida does not have transfer-on-death deeds. The lady bird deed is Florida's probate-avoidance instrument, and it works extremely well here.
How to hold title in Florida
When two or more people take title in Florida and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Florida: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
Married couples
A conveyance to a married couple is presumed to create a tenancy by the entirety in Florida.
$69, one time. Your finished deed appears in full before you pay, with Florida's witness rules, margins, and recording instructions already applied.
Common questions
No. Florida has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization and 2 witnesses, and recording with the Clerk of the Circuit Court. Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $10 for the first page and about $8.50 per additional page. Florida also charges documentary stamp tax of $0.70 per $100 of consideration ($0.60 per $100 in Miami-Dade County, plus a $0.45 surtax on non-single-family property), though gifts and family transfers are often exempt. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
Yes. Florida requires two subscribing witnesses to the grantor's signature on a deed conveying an interest in real property (Fla. Stat. § 689.01). The notary may serve as one of the two witnesses, but a second, separate witness is still required.
With the Clerk of the Circuit Court in the county where the property is located, not where you live, and not where the buyer lives. Florida has 67 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. Both spouses must join in a conveyance or mortgage of homestead property, even if only one spouse is on the title (Fla. Const. art. X, § 4(c)). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Florida quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Florida general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Florida lady bird deedAn enhanced life estate deed: you keep total control for life, and the property passes automatically at death.
- Florida life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for FloridaRecording offices, transfer tax, witness rules, and fees.
- Florida recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.