Florida Quitclaim Deed
Transfer your interest in a Florida property — between family, into a trust or LLC, or after a divorce — and download a print-ready PDF with Florida’s signing rules built in. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Florida deed rules · as of 2026
- Witnesses (besides notary)
- 2 required
- Where to record
- Clerk of the Circuit Court (ex officio county recorder, Fla. Stat. § 28.222); in some counties styled Clerk of the Circuit Court and Comptroller
- Transfer tax
- Yes — see below
Source: Fla. Stat. § 689.01 · verify ↗. A deed moves real property — have someone qualified review it before you sign, and record it promptly.
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Florida signing & recording
Yes — Florida requires 2 witnesses in addition to notarization (Fla. Stat. § 689.01 — conveyance of an estate of freehold must be signed in the presence of two subscribing witnesses (remote/electronic witnessing authorized; witnesses not required for leases); witnesses attest the GRANTOR's signature; it is commonly accepted that the notary may double as one of the two witnesses, as of 2026). Our template includes the witness signature lines. Getting this wrong is one of the most common reasons a deed is rejected for recording. Record the signed deed with the Clerk of the Circuit Court (ex officio county recorder, Fla. Stat. § 28.222); in some counties styled Clerk of the Circuit Court and Comptroller. Transfer tax: Documentary stamp tax, Fla. Stat. § 201.02: $0.70 per $100 of consideration ($0.60 + discretionary surtax in Miami-Dade); the balance of any mortgage counts as consideration even on a gift, so quitclaiming encumbered property triggers tax on the mortgage share; an unencumbered no-consideration deed owes only the minimum $0.70 stamp Check the current Florida deed rules before recording.
Married? If the property is (or may be) your homestead, your spouse may need to sign the deed even if they are not on title — several states require it, and a deed missing that signature can be rejected for recording or invalid. Use the “Co-grantor / spouse” field above to add their signature line, and check your state’s rule before recording.
Existing mortgage? Transferring mortgaged property can trigger the loan’s “due-on-sale” clause. Federal law (12 U.S.C. §1701j-3(d), the Garn–St Germain Act) bars lenders from enforcing it for several transfers of residential property with fewer than five dwelling units — including a transfer to the borrower’s spouse or children, a transfer resulting from a divorce decree, and a transfer into an inter vivos (living) trust in which the borrower is and remains a beneficiary. The loan itself stays in place either way — nobody is released until it is refinanced. Read the statute ↗
Frequently asked questions
Does Florida require witnesses on a quitclaim deed?
Yes — Florida requires 2 witnesses in addition to notarization (Fla. Stat. § 689.01 — conveyance of an estate of freehold must be signed in the presence of two subscribing witnesses (remote/electronic witnessing authorized; witnesses not required for leases); witnesses attest the GRANTOR's signature; it is commonly accepted that the notary may double as one of the two witnesses, as of 2026). Our template includes the witness signature lines. Getting this wrong is one of the most common reasons a deed is rejected for recording.
Where do I record the deed in Florida?
With the Clerk of the Circuit Court (ex officio county recorder, Fla. Stat. § 28.222); in some counties styled Clerk of the Circuit Court and Comptroller where the property is located. Recording is what makes the transfer visible to the world — an unrecorded deed can be valid between the parties but lose to a later buyer or lender who records first. Take the original signed deed, pay the recording fee, and keep the returned stamped copy.
Is there a transfer tax in Florida?
Documentary stamp tax, Fla. Stat. § 201.02: $0.70 per $100 of consideration ($0.60 + discretionary surtax in Miami-Dade); the balance of any mortgage counts as consideration even on a gift, so quitclaiming encumbered property triggers tax on the mortgage share; an unencumbered no-consideration deed owes only the minimum $0.70 stamp Check the current rate and exemptions before recording — the recorder will not accept the deed without the required tax forms or stamps.
How does Florida compare? See the deed witness requirements in all 50 states, every rule cited to statute.
How Florida compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Florida: Fla. Stat. § 689.01 ↗.
- Florida is one of 38 of 51 jurisdictions that charge a transfer or documentary tax when a deed is recorded (13 charge no state transfer tax on deeds).
- Witnesses required (beyond the notary)
Witnesses required (beyond the notary): 2 — about Infinity× the national median of 0 across the 51 states with a statutory rule.
Ranked #1 of 51 states (tied with 3) — higher means more witnesses at signing.
3 other states use the same figure.
Witnesses required (beyond the notary) in neighboring states — Alabama (0), Georgia (1). Florida's 2 is the longest among its neighbors.
The rest of what Florida requires
The figures below are Florida's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Florida page for that document.
- Security deposit cap · as of 2026
- No statutory limit Fla. Stat. §83.49 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out Fla. Stat. §83.49 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days Fla. Stat. §83.57(3) ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Fla. Stat. § 83.56; § 83.57 ↗
- Notice to cure a lease violation · as of 2026
- 7 days Fla. Stat. § 83.56; § 83.57 ↗
- Small claims limit · as of 2026
- $8,000 Fla. Small Claims Rule 7.010; Fla. Stat. §34.041 ↗
- Where you file · as of 2026
- Small Claims (county court, proceeding under the Florida Small Claims Rules) · filing fee Graduated: about $55 (under $100) / $80 ($100-$500) / $175 ($500-$2,500) / $300 ($2,500-$8,000) - statutory base $50/$75/$170/$295 under Fla. Stat. §34.041 plus clerk service charges (amounts from the Miami-Dade Clerk schedule; other counties are similar) Fla. Small Claims Rule 7.010; Fla. Stat. §34.041 ↗
- Rental application fee · as of July 2026
- No statutory limit Florida Senate ↗
- Bill of sale notarization · as of 2026
- Not required Florida FLHSMV (Form HSMV 82050) ↗
- Power of attorney signing · as of 2026
- Notarization required · 2 witnesses Fla. Stat. §709.2105 ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Fla. Stat. § 605.0102(45) ↗
Quitclaim deed in other states
More Florida legal forms
Different state? See quitclaim deeds by state →