Florida Warranty Deed: Requirements, Witnesses and Doc Stamp Tax

Last updated November 14, 2026. Citations come from the Florida statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

A Florida deed must be signed in the presence of two subscribing witnesses (Sec. 689.01), and the clerk will record it only if it carries printed names and post-office addresses. Documentary stamp tax on deeds is 70 cents per $100 of consideration.

Signing and recording

• No estate of freehold, or for a term of more than 1 year, may be created, granted, transferred or released other than by a written instrument signed in the presence of two subscribing witnesses by the grantor or the grantor's lawfully authorized agent (no witnesses required for a lease). No seal is necessary. (Fla. Stat. Sec. 689.01(1))
• The two-witness requirement may be satisfied by witnesses present and electronically signing by audio-video communication technology as defined in s. 117.201. (Fla. Stat. Sec. 689.01(2)(a))
• To be recorded by the circuit court clerk, the instrument must show the printed name and post-office address of each signer, the preparer's name and address, each witness' printed name and address, the notary's printed name, and each grantee's name and address. (Fla. Stat. Sec. 695.26(1))
• The first page must reserve a 3-inch by 3-inch space at the top right corner (and 1-inch by 3-inch on each subsequent page) for the clerk's use. (Fla. Stat. Sec. 695.26(1)(e))

Doc stamp tax

• Documentary stamp tax on deeds is 70 cents on each $100 (or fractional part) of consideration, and consideration includes money paid, discharge of an obligation, and the amount of any mortgage or other encumbrance, whether or not assumed. (Fla. Stat. Sec. 201.02(1)(a))
• If the consideration includes property other than money, it is presumed equal to the fair market value of the real property. (Fla. Stat. Sec. 201.02(1)(a))

What we could not confirm

• Florida does not statutorily define 'warranty deed' beyond common law; not confirmed.
• The statutory covenants of a general warranty deed (seisin, quiet enjoyment etc.) were not confirmed from an official page; Fla. Stat. 689.02 short-form language was not opened.

How to sell a house in Florida when this applies to you

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Florida.

Florida Warranty Deed FAQ

How many witnesses does a Florida deed need?

Two subscribing witnesses (Sec. 689.01). Witnesses may sign electronically by audio-video technology as the statute defines.

What is the doc stamp tax on a Florida deed?

70 cents on each $100 or fractional part of consideration (Sec. 201.02), and consideration includes the amount of any mortgage or encumbrance.

Can I sell my Florida house as-is?

Yes. A cash buyer purchases as-is, and the title company pays any mortgage and unpaid property tax from the proceeds at closing.

Sources

• Fla. Stat. Sec. 201.02(1)(a)
• Fla. Stat. Sec. 689.01(1)
• Fla. Stat. Sec. 695.26(1)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Florida Florida attorney or tax professional.