Quit Claim Deed in Florida: Witnesses, Notary and Recording
A quit claim deed in Florida transfers whatever interest the grantor holds in a property to the grantee—without any warranty that the title is clear or that the grantor even owns what is being conveyed. Florida generally requires two witnesses and a notary acknowledgment for the deed to be recordable, and a documentary stamp tax is owed at the time of recording. The steps below explain how these requirements typically work; confirm specifics with the Clerk of the Circuit Court in your county or a licensed Florida real estate attorney.
What a Quit Claim Deed Does (and Does Not) Do
A quit claim deed conveys only the grantor's existing interest—nothing more. If the grantor has full, clear title, the grantee receives full, clear title. If the grantor's interest is partial, encumbered, or nonexistent, the grantee receives exactly that. There is no warranty of title. This is different from a general warranty deed, which binds the grantor to defend the title against all claims. Because of this limitation, quit claim deeds are most commonly used between parties who already know and trust each other—spouses, family members, or business partners—or in situations where a title search has already confirmed ownership. If you are accepting a quit claim deed from a stranger in an arm's-length sale, consult a licensed attorney before proceeding.
Florida's Two-Witness Requirement
Florida law generally requires that a deed conveying real property be signed by the grantor in the presence of two witnesses, both of whom must sign in the grantor's presence. This requirement is rooted in Chapter 689 of the Florida Statutes, which governs conveyances of real property in the state. One of those two witnesses may be the notary public who also takes the acknowledgment.
As of January 1, 2024, instruments recorded in Florida's Official Records must include the printed name and mailing address of each witness beneath their signature. Clerks are required to reject instruments that do not meet this requirement, so confirm the current formatting rules with your county clerk or the Florida Clerks of Court Operations Corporation before submitting.
If the property is the grantor's homestead and the grantor is married, the non-owner spouse must also sign. A homestead deed that omits the required spousal signature is generally void under Florida law. If you are unsure whether a property qualifies as homestead, verify with a licensed Florida attorney.
Notary Acknowledgment
A Florida notary public (or a notary authorized to act in Florida) must take the grantor's acknowledgment. The notary completes a formal acknowledgment block confirming that the grantor appeared before them and signed voluntarily. While a deed may technically be valid between the parties without notarization, the acknowledgment is required for the document to be accepted for recording in the county's Official Records.
Florida law also permits Remote Online Notarization (RON), which allows the notary and signer to be in different physical locations connected via audio-video technology. Florida has authorized RON for real estate instruments since 2020. If you plan to use RON, confirm that the platform and notary you use are registered with the State of Florida, and check whether your county clerk accepts RON-executed documents, as practices can vary.
Recording with the Clerk of the Circuit Court
In Florida, deeds are recorded with the Clerk of the Circuit Court in the county where the property is located—not the county where the grantor or grantee lives. The Clerk serves as the county recorder under Chapter 28 of the Florida Statutes.
Recording is not legally required for the deed to be effective between the immediate parties, but it is essential in practice. An unrecorded deed provides no constructive notice to the public, which means a later buyer or creditor who had no knowledge of the transfer could potentially assert priority over an unrecorded grantee. Recording protects the grantee's interest.
Many Florida counties now accept electronic recording (e-recording) through approved vendors. Others accept documents submitted in person or by mail. Recording fees are charged per page; confirm the current fee schedule with your county's clerk office before submitting, as fees vary by county and are updated periodically.
Documentary Stamp Tax
Florida imposes a documentary stamp tax on deeds that transfer real property. As of 2026, the general rate across most of Florida is $0.70 per $100 (or portion thereof) of the consideration paid or the fair market value of the property transferred—whichever the Department of Revenue uses as the taxable basis. Miami-Dade County applies a different rate structure; verify the current Miami-Dade rates with the clerk or the Florida Department of Revenue directly at floridarevenue.com.
The tax is typically paid to the Clerk of the Circuit Court at the time of recording. If a deed is recorded after the 20th day of the month following delivery of the document, the tax may need to be paid directly to the Florida Department of Revenue. Late payment can result in penalties and interest under Florida Statute 201.17.
Certain transfers may qualify for an exemption—for example, deeds between spouses with no additional consideration, transfers pursuant to a divorce court order, or transfers from an individual to a solely-owned legal entity. Exemptions are fact-specific. Consult a licensed Florida attorney or a CPA to determine whether an exemption applies to your situation before recording.
Property Description and Preparer Information
Florida requires that the deed include a legal description of the property sufficient to identify the specific parcel. A street address alone is generally not sufficient. The legal description is typically found on the prior deed or on a survey; it can also be obtained from the county property appraiser's website.
Florida Statutes Section 695.26 requires that documents submitted for recording include the name and address of the person who prepared the instrument. This preparer block must appear on the face of the deed. Confirm current formatting requirements with the county clerk or a licensed attorney, as technical deficiencies can result in rejection.
Common Uses in Florida
Quit claim deeds are frequently used in Florida to add or remove a spouse from title (including as part of a divorce settlement), to transfer property into or out of a living trust or LLC, to clear a technical title defect, or to transfer property between close family members. Because the deed carries no warranty, it is not the appropriate instrument when a buyer in an arm's-length sale wants protection against title defects—that situation typically calls for a warranty deed and a title insurance policy.
Next Steps
Prepare the deed carefully, paying close attention to the legal description, witness signature blocks (including printed names and addresses), and the notary acknowledgment block. Once signed and notarized, calculate the documentary stamp tax owed, gather the recording fee, and submit to the Clerk of the Circuit Court in the county where the property is located. If your situation involves homestead property, a spouse's interest, a divorce, or significant value, consider having a licensed Florida real estate attorney review the deed before recording.