A Florida Special Warranty Deed is a recorded real estate document where the seller (grantor) guarantees the property’s title only against defects that arose during the seller’s own period of ownership, not before. It is the middle ground between a General Warranty Deed and a Quitclaim Deed, and it is the deed of choice for commercial sales, investor-to-LLC transfers, estate distributions, and bank-owned (REO) sales across all 67 Florida counties.
Roughly 1.2 million deeds are recorded in Florida each year according to the Florida Court Clerks & Comptrollers, and county recording offices reject an estimated 8–12% of self-prepared deeds for missing witnesses, defective notary blocks, or wrong documentary stamp tax. Getting any single field wrong can cloud title for decades and force a costly corrective deed or quiet title action under Fla. Stat. § 65.061.
Here is what this guide gives you:
- 📜 The exact statutory form language under Fla. Stat. § 689.02 and how each block maps to it
- ✍️ A line-by-line walkthrough of every field, box, and signature line on the deed
- 🏠 Three full filled-out scenarios (investor to LLC, estate to heir, commercial sale)
- 💵 The exact documentary stamp tax math under Fla. Stat. § 201.02, including the Miami-Dade surtax
- ⚠️ The 10 most common errors that get deeds rejected at the county Clerk of Court
What a Florida Special Warranty Deed Is and Who Must Use It
A Special Warranty Deed in Florida transfers fee simple title to real property and contains two limited covenants from the grantor. The grantor promises that they have not encumbered the title during their ownership and that they will defend the title only against claims arising through the grantor. This is narrower than the five covenants in a General Warranty Deed under Fla. Stat. § 689.02 and broader than a Quitclaim Deed, which makes no promises at all.
The deed is recorded in the Official Records of the county where the land sits, governed by the recording statutes in Fla. Stat. § 695.01 and § 695.26. Any seller can use it, but it is the standard choice for commercial property sellers, real estate investors moving title into a holding LLC, banks selling foreclosed homes, personal representatives of an estate, and trustees distributing trust property under Fla. Stat. § 736.0816.
The deed is not required by statute in any specific transaction, but it is required by most title insurance underwriters when the seller cannot warrant against pre-ownership defects. The form is also the deed routinely produced by builders to first buyers of new-construction homes, where the builder will not warrant title before the land was acquired for the subdivision. The Florida Department of Revenue collects documentary stamp tax on every Special Warranty Deed under GT-800014, regardless of how the deed is titled.
Before You Start: Documents and Information You Need
Walk into the closing or your home office with everything below in hand. A missing legal description or wrong middle initial is the most common reason a Florida deed is rejected at recording, and a rejected deed means the buyer is not in the chain of title until the corrected deed is re-recorded.
- The prior recorded deed. Pull it from the county Clerk of Court Official Records so you can copy the legal description verbatim. Without this, your legal description will not match and the title chain will break.
- Full legal names of grantor(s) and grantee(s). Match driver’s licenses or articles of organization exactly. A typo here triggers an indexing mismatch and can defeat constructive notice under Fla. Stat. § 695.11.
- Marital status of every individual grantor. Florida is a homestead state, so a married grantor’s spouse must usually join the deed even if the spouse is not on title, under Article X, § 4 of the Florida Constitution.
- Property address and parcel ID number. The parcel ID (also called folio number) comes from the county Property Appraiser, such as the Miami-Dade Property Appraiser or Orange County Property Appraiser.
- Sale price or consideration amount. This drives the documentary stamp tax calculation under Fla. Stat. § 201.02. Even $10 nominal consideration must be stated.
- Two disinterested witnesses. Florida requires two subscribing witnesses for any deed conveying real property under Fla. Stat. § 689.01. Without them, the deed is void as to creditors and subsequent purchasers.
- A Florida notary public. The notary acknowledgment must comply with Fla. Stat. § 117.05 and identify whether the signer used physical presence or online notarization under § 117.201.
- The “prepared by” name and address. Required by Fla. Stat. § 695.26(1)(a). The clerk will reject the deed without it.
- A 3-inch top margin on page one. Required by Fla. Stat. § 695.26(1)(e) for the clerk’s recording stamp. Less than 3 inches and the clerk can refuse the deed.
- Recording fee and doc stamp money. Recording is $10 for the first page and $8.50 for each additional page, plus $1 per name indexed over four, under Fla. Stat. § 28.24.
Where to Get the Form and How to Access It
Florida does not publish a single official Special Warranty Deed PDF the way the IRS publishes Form 1040. The statutory short form sits inside Fla. Stat. § 689.02 as a model paragraph, and any deed that follows it is sufficient under Florida law. You build the deed yourself or use a vetted template.
Most filers pull a template from one of three reliable sources. The first is a Florida Bar–approved form package available through The Florida Bar. The second is a county-specific template, such as the one offered by the Miami-Dade Clerk of Courts or the Hillsborough County Clerk. The third is a real estate attorney or title company who drafts the deed as part of closing.
Investors and pro se filers also commonly use established legal-form publishers like DeedClaim or US Legal Forms for fillable templates. Whatever source you choose, confirm the template includes the words “grantor does hereby specially warrant the title” or substantially similar language, because Florida courts have repeatedly held that the magic words determine the type of warranty given. Always confirm the template carries a 2024 or later revision date so it reflects the current online notarization rules.
Step-by-Step: How to Fill Out a Florida Special Warranty Deed Line by Line
The deed has eleven distinct blocks. Number them in the order they appear on the page and complete them top to bottom. Use black ink or 12-point Times New Roman, and type whenever possible because handwritten deeds are far more likely to be rejected for legibility under Fla. Stat. § 695.26(1)(b).
Block 1: Prepared By
This block sits in the top-left corner of page one and identifies the human who drafted the deed. Florida requires it under Fla. Stat. § 695.26(1)(a) so the clerk and any later challenger know who is responsible for the document.
Type the words “This Instrument Prepared By:” followed by the preparer’s full legal name and complete street address. If a Florida-licensed attorney drafted it, add the Florida Bar number. If a layperson drafted it, the deed must also carry the disclaimer that the preparer did not give legal advice.
A specific example: Carlos Mendoza, Esq., Florida Bar No. 0123456, 200 S. Biscayne Blvd., Suite 2800, Miami, FL 33131. The font should be at least 10-point so the clerk can read the block under the recording stamp.
A nuance: if the deed is prepared out of state, you still write the out-of-state preparer’s name and address; the deed is still recordable in Florida, but a non-attorney out-of-state preparer cannot give legal advice on Florida law without unauthorized practice of law exposure under Fla. Stat. § 454.23.
A common mistake is leaving this block blank or writing only “Self.” The Clerk of Court will reject the deed at intake, the buyer will pay rerecording fees, and the deed will not enter the chain of title until corrected. The misconception is that the title company always fills this in; in for-sale-by-owner deals, no one does unless you do.
Block 2: Return To
Directly below the Prepared By block, the deed must list the person and address where the original recorded deed should be mailed back after the clerk records it. The clerk uses this address to return the original after scanning, usually two to six weeks later.
Type “Record and Return To:” and then the buyer’s full name and mailing address, or the closing agent’s office. Many investors put their LLC’s registered agent address here so the recorded deed lands somewhere reliable.
A specific example: Sunshine Holdings LLC, Attn: Aisha Patel, 1450 Brickell Ave., Suite 1900, Miami, FL 33131. If the buyer plans to claim homestead, this should be the new homestead address so the Property Appraiser captures it correctly.
A nuance: e-recorded deeds are returned electronically, not by mail, but the Return To block is still required as the legal record of who controls the original. A common mistake is putting the seller’s address here, which sends the only original recorded deed back to the seller and creates a real headache for the buyer. The misconception is that “the county keeps the original”—Florida clerks return originals after scanning under Fla. Stat. § 28.222.
Block 3: Parcel Identification Number
The parcel ID, also called the folio number or PIN, sits in the upper right corner of page one and ties the deed to the Property Appraiser’s tax roll. Florida statute does not strictly require it, but every county clerk requests it, and the Property Appraiser uses it to update ownership on the tax roll.
Pull it from the county Property Appraiser’s website, like Broward County Property Appraiser or Pinellas County Property Appraiser, and copy the entire string with all dashes. Format varies by county; Miami-Dade uses 13 digits with dashes, while Orange County uses 17 characters with dashes.
A specific example: Parcel ID No.: 30-4117-001-0490. Confirm the parcel ID matches the legal description; a parcel ID for the wrong lot will route the deed to the wrong tax record.
A nuance: vacant land sometimes has a temporary “TRS” parcel that gets resplit at recording. Use the parcel ID printed on the most recent tax bill. The most common mistake is dropping a leading zero, which causes the Property Appraiser to mail tax bills to the old owner. The misconception is that the parcel ID replaces the legal description; it does not, and the legal description still controls under Florida case law.
Block 4: Grantor Information
The grantor block names the seller(s) conveying the property. Use full legal names exactly as they appear on the prior deed, plus the marital status of each individual, plus the grantor’s mailing address. Trusts and entities use the exact name from the Florida Division of Corporations.
Type “GRANTOR:” followed by the name and the qualifier, such as “a single woman,” “a married man,” “husband and wife,” “a Florida limited liability company,” or “as Trustee of the Smith Family Revocable Trust dated January 5, 2018.” Then list the grantor’s mailing address.
A specific example: Marcus Johnson and Janet Johnson, husband and wife, whose post office address is 4201 NW 2nd Ave., Gainesville, FL 32609.
A nuance: if the property is the grantor’s homestead and the grantor is married, the non-titled spouse must also sign as a grantor under Article X, § 4(c) of the Florida Constitution. A common mistake is dropping the marital status, which forces the title underwriter to demand a marital affidavit later. The misconception is that “the LLC owns it, so my marital status doesn’t matter”—if you signed as an individual on the prior deed, marital status still matters here.
Block 5: Grantee Information
The grantee block names the buyer(s) receiving title. Use full legal names and add the form of co-ownership for two or more grantees, such as “as joint tenants with right of survivorship,” “as tenants by the entireties,” or “as tenants in common in equal shares.”
Florida married couples taking title together default to tenants by the entireties under Beal Bank v. Almand, but it is best practice to state it on the deed. Always include the grantee’s mailing address; this becomes the address the Property Appraiser uses for the next tax bill.
A specific example: Aisha Patel, a single woman, whose post office address is 1450 Brickell Ave., Suite 1900, Miami, FL 33131.
A nuance: a grantee that is an LLC must use the exact name on file with Sunbiz. A common mistake is writing “LLC” instead of “L.L.C.” when the entity is registered with periods, which can cause an indexing mismatch. The misconception is that two unmarried grantees automatically get survivorship rights; in Florida, they default to tenants in common unless the deed says otherwise.
Block 6: Consideration Statement
The consideration clause states what the grantee paid. It usually reads “in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration.” The actual purchase price is usually stated separately on the documentary stamp tax line, not in the body of the deed.
Florida documentary stamp tax under Fla. Stat. § 201.02 is calculated on the actual consideration, not the recited $10. So if the real price is $400,000, the doc stamp tax is $0.70 × 4,000 = $2,800 statewide, or $0.60 × 4,000 = $2,400 in Miami-Dade plus surtax on non-single-family transfers.
A specific example: In consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants, bargains, sells, and conveys to Grantee…
A nuance: a transfer to your own LLC for no money still owes minimum doc stamps if the property has a mortgage, calculated on the mortgage balance per DOR TAA 02B4-008. A common mistake is reciting the full purchase price in the deed, which puts the price into the public record forever. The misconception is that “no money changed hands, so no tax is owed”—Florida taxes the unpaid mortgage balance on intra-family or LLC transfers.
Block 7: Granting Clause and Limited Warranty Language
This is the operative language of a Special Warranty Deed and the block that distinguishes it from every other deed. The grantor must use words that limit the warranty to claims arising through the grantor. Florida recognizes the magic words “specially warrant” or “warrant the title against the lawful claims of all persons claiming by, through, or under Grantor, but against none other.”
Type the clause exactly: “Grantor hereby specially warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under Grantor, but against none other.” Without this exact concept, courts may construe the deed as a General Warranty Deed and impose broader liability on the seller.
A specific example: To have and to hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; and that the Grantor hereby specially warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under Grantor, but against none other.
A nuance: some title underwriters require even narrower language for REO and short sales. A common mistake is using a General Warranty granting clause and then writing “special warranty” in the title—courts look at the body, not the caption. The misconception is that “special warranty” means “no warranty”; it does not, and the grantor still carries liability for defects arising during the grantor’s ownership.
Block 8: Legal Description
The legal description is the metes-and-bounds, lot-and-block, or condominium description that legally identifies the parcel. Copy it word for word from the prior recorded deed, including punctuation, abbreviations, and recording references like “as recorded in Plat Book 14, Page 22, of the Public Records of Orange County, Florida.”
If the description is long, attach it as Exhibit “A” and reference it in the body of the deed. Never paraphrase. Never substitute the street address. The legal description controls under Fla. Stat. § 689.02(2).
A specific example: Lot 14, Block 3, of SUNSET PALMS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 102, Page 47, of the Public Records of Miami-Dade County, Florida.
A nuance: condominium units use a different format keyed to the Declaration of Condominium under Fla. Stat. § 718.104, and you must cite the Declaration’s Official Records Book and Page. A common mistake is dropping the plat book reference, which makes the description legally insufficient and forces a corrective deed. The misconception is that the parcel ID can substitute; it cannot, and a deed with only a parcel ID will not pass title.
Block 9: Grantor Signature and Two Witnesses
Florida requires the grantor to sign in the physical or online presence of two subscribing witnesses under Fla. Stat. § 689.01. The notary may serve as one of the two witnesses. The signature block has three signature lines and the printed name of the grantor and each witness.
The grantor signs on the line marked “Grantor” and prints their name below. Two witnesses sign on the lines marked “Witness #1” and “Witness #2,” each printing their name below. All signatures must use the same color of ink and the same date.
A specific example: Marcus Johnson [signature] / Marcus Johnson [printed] / Witness #1: Sandra Lopez [signature] / Witness #2: David Chen [signature].
A nuance: an online notarization under Fla. Stat. § 117.285 must use a Florida-commissioned RON notary and the witnesses must appear by audio-video. A common mistake is having only one witness sign, which makes the deed void as to creditors and subsequent purchasers under Fla. Stat. § 689.01. The misconception is that a notary alone is enough; in Florida, a notary plus two witnesses is the bare minimum.
Block 10: Notary Acknowledgment
The notary acknowledgment is governed by Fla. Stat. § 117.05 and must include the venue (state and county), the date, the grantor’s printed name, the type of identification used, and a statement of physical presence or online appearance. The notary then signs, prints their name, stamps the seal, and writes the commission expiration date.
The block reads “State of Florida, County of [____]. The foregoing instrument was acknowledged before me by means of [physical presence] or [online notarization], this [date] by [Grantor name], who is personally known to me or who has produced [type of ID] as identification.”
A specific example: State of Florida, County of Miami-Dade. The foregoing instrument was acknowledged before me by means of physical presence, this 27th day of May 2026, by Marcus Johnson, who has produced a Florida driver’s license as identification.
A nuance: out-of-state grantors can sign before any notary commissioned in their state under Fla. Stat. § 695.03, but the venue must reflect that state. A common mistake is forgetting to check the physical-presence-or-online box; the clerk will reject the deed under the 2020 statutory amendment. The misconception is that a notary’s stamp alone validates the deed; without the venue and acknowledgment language, the stamp is meaningless.
Block 11: Documentary Stamp Tax Line
Florida deeds must show the documentary stamp tax paid in the recording margin. The clerk computes and collects it at recording, but the deed should leave room or recite the tax. The rate is $0.70 per $100 of consideration in 66 counties, and $0.60 per $100 in Miami-Dade under Fla. Stat. § 201.031.
Miami-Dade also imposes a $0.45-per-$100 surtax on all transfers other than single-family residences. The math always rounds up to the nearest $100 of consideration.
A specific example: a $475,000 sale in Orange County owes $0.70 × 4,750 = $3,325.00 in doc stamps. The same sale in Miami-Dade owes $0.60 × 4,750 = $2,850.00, plus the surtax if it is not a single-family home.
A nuance: deeds transferring property to a grantor’s own revocable trust for no consideration owe minimum tax of $0.70 only if the grantor is the same as the trust beneficiary, per DOR Form DR-228. A common mistake is calculating tax on the cash to seller instead of the gross sales price; doc stamps are owed on the gross. The misconception is that “gift deeds owe no tax”—they owe tax on any mortgage assumed by the grantee.
Three Filled-Out Examples Using Real Scenarios
Each scenario below walks one named filer through the deed top to bottom. Use them as templates for your own facts. Each table shows the form section in the left column and what the filer enters in the right column.
Scenario 1: Aisha Patel Transfers a Brickell Condo to Her Own LLC
| Form Section | What Aisha Enters |
|---|---|
| Prepared By | Aisha Patel, 1450 Brickell Ave., Suite 1900, Miami, FL 33131 |
| Return To | Sunshine Holdings LLC, 1450 Brickell Ave., Suite 1900, Miami, FL 33131 |
| Parcel ID | 01-4139-093-1180 |
| Grantor | Aisha Patel, a single woman |
| Grantee | Sunshine Holdings LLC, a Florida limited liability company |
| Consideration | $10.00 and other good and valuable consideration |
| Granting Clause | Specially warrants title against claims by, through, or under Grantor |
| Legal Description | Unit 1801, Brickell Heights Condominium, ORB 30521, Pg 4412, Miami-Dade County |
| Witnesses | Carlos Mendoza and Sandra Lopez |
| Notary Acknowledgment | Physical presence, Miami-Dade County, 5/27/2026 |
| Doc Stamps Paid | $0.70 (minimum, no mortgage assumed) |
Scenario 2: Marcus Johnson, as Personal Representative, Distributes Probate Property to Heir Janet Johnson
| Form Section | What Marcus Enters |
|---|---|
| Prepared By | Lisa Garcia, Esq., FBN 0987654, 100 N. Magnolia Ave., Orlando, FL 32801 |
| Return To | Janet Johnson, 4201 NW 2nd Ave., Gainesville, FL 32609 |
| Parcel ID | 07-22-19-0000-00-024 |
| Grantor | Marcus Johnson, as Personal Representative of the Estate of Robert Johnson, deceased, Probate Case No. 2025-CP-001234, Alachua County |
| Grantee | Janet Johnson, a single woman |
| Consideration | $10.00 pursuant to Order of Distribution |
| Granting Clause | Specially warrants title against claims by, through, or under Grantor as Personal Representative |
| Legal Description | Lot 7, Block B, Pleasant Acres, PB 14, Pg 22, Alachua County |
| Witnesses | David Chen and Maria Lopez |
| Notary Acknowledgment | Online notarization, Alachua County, 5/27/2026 |
| Doc Stamps Paid | $0.70 minimum (estate distribution under § 201.02(7)) |
Scenario 3: Coastal Commercial LLC Sells a Tampa Warehouse to Bayshore Industries Inc. for $1,250,000
| Form Section | What Coastal Enters |
|---|---|
| Prepared By | Robert Kim, Esq., FBN 0456789, 401 E. Jackson St., Tampa, FL 33602 |
| Return To | Bayshore Industries Inc., 2800 W. Cypress St., Tampa, FL 33607 |
| Parcel ID | A-15-29-18-3WC-000000-00012.0 |
| Grantor | Coastal Commercial LLC, a Florida limited liability company |
| Grantee | Bayshore Industries Inc., a Florida corporation |
| Consideration | $10.00 and other good and valuable consideration |
| Granting Clause | Specially warrants title against claims by, through, or under Grantor |
| Legal Description | Tract 12, Westshore Business Park, PB 88, Pg 41, Hillsborough County |
| Witnesses | Patricia Nguyen and Jordan Reyes |
| Notary Acknowledgment | Physical presence, Hillsborough County, 5/27/2026 |
| Doc Stamps Paid | $8,750.00 ($0.70 × 12,500) |
How to File the Completed Florida Special Warranty Deed
Recording happens at the Clerk of the Circuit Court in the county where the land sits. Florida offers three filing channels, and each county sets its own fees and turnaround. The deed must be recorded promptly under Fla. Stat. § 695.01, because an unrecorded deed is good between the parties but invalid against later bona fide purchasers.
Online (e-recording). Most Florida counties accept electronic recording through vetted submitters like Simplifile or CSC. Fees match in-person rates: $10 first page, $8.50 each additional page, plus doc stamps. Processing is usually same-day. Proof of filing arrives as a PDF showing the OR Book, Page, and Instrument Number, which you save permanently as the buyer’s proof of title.
Mail. Send the original deed, a self-addressed stamped envelope, and a check for fees plus doc stamps to the Recording Department of the county Clerk of Court. For Miami-Dade, that is Clerk of the Courts, Recording Department, 22 NW 1st St., 1st Floor, Miami, FL 33128. For Orange County, that is Clerk of Courts, Official Records, 109 E. Church St., Orlando, FL 32801. Processing takes 7–14 business days. Keep a stamped copy of your check and a tracking number as your proof of mailing.
In person. Walk into the Clerk’s recording counter with the deed, ID, and payment. Most counties accept cash, cashier’s checks, money orders, and credit cards, though credit cards add a 3.5% surcharge under Fla. Stat. § 215.322. The clerk hands back a stamped receipt with the OR Book and Page within minutes. Bring the original because the clerk scans, stamps, and returns it.
What Happens After You File
The Clerk of Court assigns the deed an Official Records Book and Page number, scans it into the public record under Fla. Stat. § 28.222, and indexes it by grantor and grantee names. Within 24–72 hours, the deed appears in the searchable Official Records on the Clerk’s website, and within 4–8 weeks the original is mailed back to the address in the Return To block.
The county Property Appraiser pulls deed data from the clerk on a weekly tape and updates the tax roll, including any homestead exemption changes. Buyers who plan to claim homestead must file DR-501 with the Property Appraiser by March 1 of the following year or lose the exemption for that year. The new owner’s tax bill arrives in November, prorated as agreed in the closing.
The deed also becomes the foundation of the new owner’s title insurance policy. The title underwriter records its own Owner’s Title Insurance Policy using the deed’s recording information as Schedule A. Any future sale, mortgage, or claim references this exact OR Book and Page forever. If there is an error, the only fix is a corrective deed or a quiet title action, both of which cost time and money.
Mistakes to Avoid When Filling Out the Form
Each mistake below sinks deeds at a Florida Clerk of Court counter every single day. Avoid all ten and your deed will record on the first try.
- Skipping a witness. Florida requires two; one witness voids the deed against creditors and later buyers.
- Wrong granting language. Using “warrants” without “specially” can convert your deed to a General Warranty and expose you to pre-ownership claims.
- Bad legal description. Paraphrasing or skipping the plat book reference makes the description legally insufficient.
- Missing prepared-by block. Clerks reject the deed at intake under Fla. Stat. § 695.26.
- No 3-inch top margin. The clerk has no place to stamp the OR Book and Page and rejects the deed.
- Wrong doc stamp calculation. Using net cash to seller instead of gross sales price underpays the tax and triggers a DOR audit.
- Forgotten marital status. A married homestead grantor without a spouse signature creates a void deed under Article X, § 4.
- Mismatched names. Differences between the prior deed and the new deed break the chain of title.
- Notary venue blank. A notary block missing the state and county is defective and the clerk rejects the deed.
- Failure to record promptly. Holding the deed in a drawer leaves the buyer exposed to the seller’s later judgments and liens.
Do’s and Don’ts
These quick rules save filers from corrective-deed nightmares.
- Do copy the legal description from the prior deed verbatim, because Florida courts apply the description as written.
- Do use two disinterested witnesses, because witnesses related to the grantor weaken the deed in litigation.
- Do record the deed within 24 hours of closing, because intervening judgments can attach.
- Do keep a certified copy of the recorded deed, because the Property Appraiser sometimes asks for proof.
- Do confirm the LLC’s name on Sunbiz before signing, because a misnamed grantee passes nothing.
- Do state marital status next to every individual grantor, because title underwriters demand it.
- Don’t use a Quitclaim Deed when a Special Warranty Deed was promised, because it gives the buyer no remedy for title defects.
- Don’t record without paying doc stamps, because the Florida Department of Revenue will assess penalties and interest.
- Don’t sign before only one witness, because the deed is void as to creditors.
- Don’t alter the deed after notarization, because the notary block becomes invalid and the deed must be re-executed.
- Don’t rely on the parcel ID as the legal description, because the parcel ID does not convey title.
- Don’t skip the “specially warrant” language, because the granting clause defines the warranty.
Pros and Cons of Filing on Your Own vs. With Help
Drafting and recording a Special Warranty Deed without help saves money but transfers risk to you. Hiring a Florida real estate attorney through The Florida Bar Lawyer Referral Service costs $300–$1,200 per deed but transfers risk to the lawyer.
Pros of self-filing:
- Saves the $300–$1,200 attorney fee for simple investor-to-LLC transfers.
- Same-day turnaround using Simplifile or county e-recording portals.
- Full control over how Grantor and Grantee fields are written.
- Practical for sophisticated investors with repeat fact patterns.
- No scheduling around an attorney’s calendar.
Cons of self-filing:
- One missing witness or wrong granting clause requires a corrective deed, which costs the same as hiring counsel.
- No legal advice on homestead, marital, and creditor risks under Fla. Stat. § 222.01.
- No malpractice insurance to cover errors.
- Doc stamp miscalculation creates Department of Revenue exposure.
- Title underwriters may refuse to insure a deed prepared by a layperson without an attorney’s review.
FAQs
Do I need an attorney to record a Florida Special Warranty Deed?
No. Florida does not require an attorney to draft or record a deed, but a layperson cannot give legal advice on homestead, marital, or creditor issues, and most title underwriters prefer attorney-drafted deeds.
Can I use a Special Warranty Deed for my homestead transfer to my own LLC?
No. Transferring homestead into an LLC strips the homestead creditor and tax protections under Article X, § 4, so most attorneys advise keeping homestead in personal name or using a land trust instead.
Do I write “single” or “unmarried” next to my name in the Grantor block?
Yes. Either word works, but “a single woman” or “an unmarried man” is the standard Florida convention, and consistency with prior deeds keeps the index clean.
Should the legal description match the prior deed exactly?
Yes. Word-for-word copying preserves the chain of title, while paraphrasing creates ambiguity that may force a corrective deed or a quiet title action.
Can my notary serve as one of the two witnesses?
Yes. Florida allows a notary to sign as one of the two required witnesses under Fla. Stat. § 117.05, but you still need a second separate witness.
Do I owe doc stamps on a transfer to my revocable trust?
No. Transfers to a grantor’s own revocable trust for no consideration owe only the minimum $0.70 if no mortgage is assumed, per Florida DOR guidance.
Can I record a deed signed in another state in Florida?
Yes. A deed signed before a notary in any U.S. state is recordable in Florida under Fla. Stat. § 695.03, as long as venue and acknowledgment match the signing state.
Do I need to file Form DR-219 with the deed?
No. Florida discontinued Form DR-219 in 2008, so deeds no longer require it; only the doc stamp payment at recording is required now.
What goes on the “Return To” line if the buyer is an LLC?
Yes, use the LLC’s principal address or registered agent address from Sunbiz, because the clerk mails the recorded original to that address weeks after recording.
Can I e-record a Special Warranty Deed in every Florida county?
No. A small number of rural counties still require paper recording, but most counties accept e-recording through Simplifile or CSC with same-day turnaround.
Do I have to write the actual sale price in the deed body?
No. Most Florida deeds recite “Ten and No/100 Dollars and other good and valuable consideration,” and the actual price is reflected only in the doc stamp tax paid at recording.
Can a married grantor sign without the spouse if the property is a rental?
Yes, if the property is non-homestead investment property held in one spouse’s name, but title underwriters often still ask for a marital affidavit to confirm non-homestead status.
Does the Property Appraiser update ownership automatically after recording?
Yes. The county Property Appraiser pulls deed data weekly from the Clerk of Court and updates the tax roll within a few weeks of recording.
Is the documentary stamp tax different in Miami-Dade?
Yes. Miami-Dade charges $0.60 per $100 of consideration plus a $0.45-per-$100 surtax on non-single-family transfers under Fla. Stat. § 201.031, versus $0.70 statewide.
Can I correct a recorded deed without re-paying doc stamps?
Yes. A corrective or scrivener’s-error deed re-recorded with a reference to the original deed’s OR Book and Page is exempt from additional doc stamps under Florida DOR Rule 12B-4.014.
Related reading
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