Florida Deed Requirements

For a Florida deed to effectively transfer real estate, it must satisfy Florida’s requirements for valid, recordable deeds. Florida has rules that govern the information deeds must contain and how they are formatted and signed.

Formatting Standards for Florida Deeds

Florida formatting standards deal with the arrangement and format of each of the elements of Florida deeds. Florida deeds must meet the following formatting requirements.

Paper

Florida does not impose specific page-size requirements for deeds. Deeds printed on paper larger than 8½ × 14 inches (legal size) are subject to additional recording fees.¹

Blank Space for Recorder’s Stamp

The top, right-hand corner of a Florida deed’s first page must include a blank space measuring at least 3 × 3 inches. Subsequent pages must include a similar 1 × 3-inch space in the top-right corner. The space allows room for the clerk to stamp recording information on the deed at the time of recording.²

Margins

A Florida deed should have margins of at least one inch on all sides. The space in the margins should be kept clear for any additional information added by the clerk’s office.

Content Requirements for Florida Deeds

Florida content requirements govern the substantive provisions that must be included in each Florida deed form. Florida deeds must meet the following content requirements:

Current Owner and New Owner Names and Address

The names and mailing address of the current owners of the property (the grantors) and the new owners of the property (the grantees) must be identified in a deed.³ A deed to two or more new owners should specify the form of co-ownership they will use. For example, a deed might transfer property to two individuals identified as joint tenants with right of survivorship.

Granting Clause

A Florida deed must have a statement—called a granting clause—indicating that the current owner is transferring the property to the new owner. Different types of deeds often use different granting clauses. The legal effects of a deed—such as the warranty of title it provides—depend a great deal on the language used in the granting clause. For example, a Florida quitclaim deed form uses language that differs from a Florida warranty deed form or special warranty deed form. Similarly, a Florida lady bird deed form uses different language than a deed that immediately transfers the property.

Consideration

Deeds should ordinarily include a statement of consideration declaring that the new owner provided payment or other value in exchange for the property.⁴ Florida law allows deeds to state nominal consideration—such as for the sum of $10.00 and other valuable consideration.

The documentary stamp tax due for a deed (if any) is based on the consideration paid for the property.⁵

Property Description

A deed must contain a valid legal description for the property being transferred.⁶ A legal description can usually be obtained by reviewing the most recent deed affecting the property (the deed that transferred the property to the current transferor). Legal descriptions are often included on a separate page added to the deed as an attachment.

Parcel Identification Number

A Florida warranty deed must include a space for the property’s parcel ID number—which is often filled in prior to filing.⁷ This requirement has also been extended to other forms of deeds. Florida law specifies that a parcel identification number is not a legal description and may not be used as a substitute for the legal description of the property being conveyed.

Deed Preparer

The name and address of the “natural person” responsible for drafting the document must appear within a Florida deed.⁸ The individual named in the “prepared by” section must be an actual person—not a business entity or trust.

Signing Requirements for Florida Deeds

A Florida deed is not valid unless it is signed as required by law. Florida deeds must meet the following signature requirements.

Transferor’s Signature

A Florida deed must be signed by the current owner transferring the property or the owner’s lawfully authorized agent.⁹ The name and address of the person signing a Florida deed must be legibly printed, typed, or stamped directly beneath the signature.¹⁰

An entity signs a Florida deed through an authorized representative or agent. For example, a member or manager typically signs for an LLC, and trustees sign for trusts. The signer’s name and representative capacity should be included under the signature.

Spouse Signature for Homestead

A deed that transfers a Florida homestead owned by a married person must be signed by both spouses.¹¹ Florida’s spousal homestead protections apply even if only one spouse officially owns the home, though a spouse can voluntarily waive homestead rights in a signed agreement.¹²

Witness Signatures

An owner who signs a Florida deed must do so in the presence of at least two witnesses—who must also sign the deed as witnesses.¹³ Witnesses’ names must be printed, typed, or stamped directly beneath their signatures.¹⁴ The requirement for witnesses to be present when the owner signs the deed may be satisfied if witnesses are present and electronically sign via audio-video communication technology.¹⁵

Notarization

A Florida deed must be notarized or otherwise acknowledged before an authorized officer.¹⁶ A notary certificate must include the notary’s name directly beneath his or her signature, along with the notary’s stamp or seal and commission expiration date.¹⁷ The notary certificate should also list the name of the person whose signature is being acknowledged and the date of acknowledgment.

Florida provides a recommended (but not mandatory) notary certificate form for deeds.¹⁸

Fees Required to File Florida Deeds

Florida deeds must be recorded in the county land records to be fully effective against third parties.¹⁹ Each county’s clerk of the circuit court maintains the county land records. Deeds must be filed in the county where the property is located. The clerk accepts payment of any recording fees or documentary stamp taxes when a deed is filed.

Recording Fees

The total recording fees required for recording a Florida deed are $10.00 for the first page and $8.50 for each page after the first page.²⁰ A deed that has more than four names to be indexed also requires a $1.00 fee for each name over four.

Florida Transfer Tax

Florida charges a transfer tax—called a documentary stamp tax—on deeds that transfer title to real estate. The documentary stamp tax rate is $0.70 for each $100.00 of the property’s purchase price. In Miami-Dade County, the tax rate is $0.60 per $100.00, and there is an additional $0.45 per $100.00 assessed on transfers of properties that are not single-family residences.²¹

Transfer Tax Exemptions

Not all Florida deeds require payment of documentary stamp tax. Common types of deeds that are exempt from Florida’s documentary stamp tax include:²²

• Transfers between spouses for no consideration if there is no mortgage or lien affecting the property;
• Transfers of a homestead between spouses if the only consideration for the transfer is the amount of a mortgage or lien on the property at the time of transfer;
• Deeds that transfer real estate between spouses or former spouses in a divorce case if the property is or was their marital home;
• Transfers to living trusts if there is no consideration or if the transferor is the trust’s sole beneficiary; and
• Transfers that amount to a mere change in the form of ownership—such as a transfer to a wholly-owned LLC.

1. Fla. Stat. § 28.24(12).
2. Fla. Stat. § 695.26(1)(e).
3. Fla. Stat. § 695.26.
4. See Fla. Stat. § 689.02(1).
5. Fla. Stat. § 201.02.
6. See Fla. Stat. § 689.02(1).
7. Fla. Stat. § 689.02(2).
8. Fla. Stat. § 695.26(1)(b).
9. Fla. Stat. § 689.01(1).
10. Fla. Stat. § 695.26(1)(a).
11. Fla. Const., Art. X, § 4(c).
12. Fla. Stat. § 732.702.
13. Fla. Stat. § 689.01(1).
14. Fla. Stat. § 695.26(1)(c).
15. Fla. Stat. § 689.01(2).
16. Fla. Stat. § 695.03.
17. Fla. Stat. § 695.26.
18. Fla. Stat. § 695.25.
19. Fla. Stat. § 695.01(1).
20. Fla. Stat. § 28.24(13).
21. Fla. Stat. § 201.02.
22. Fla. Stat. § 201.02; Fla. Admin. R. 12B-4.013.