Updated October 11, 2026. Quick answer: To be recorded, a Florida instrument concerning real property must be acknowledged by the person executing it, proved by a subscribing witness, or legalized or authenticated as the statute lists. The statewide statutory charges to record, index and file a deed of standard size are $5.00 for the first page and $4.00 for each additional page, plus a Public Records Modernization Trust Fund charge of $1.00 for the first page and $0.50 for each additional page and a further $4 per page service charge (Fla. Stat. 28.24(13)(d) and (e)), so $10.00 for the first page and $8.50 for each additional page. If an instrument contains more than four names, the clerk also charges $1.00 for each additional name (Fla. Stat. 28.24(13)(c)).
Florida quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | A Florida deed must be a written instrument signed by the grantor in the presence of two subscribing witnesses, and no seal is needed. |
| Witnesses | Section 689.01 requires the grantor to sign in the presence of two subscribing witnesses (a lease of real property is excepted). |
| Notary or acknowledgment | To be recorded, a Florida instrument concerning real property must be acknowledged by the person executing it, proved by a subscribing witness, or legalized or authenticated as the statute lists. |
| Statutory quitclaim form | Not found in the documents read |
| Where to record, and the fee | Clerk of the circuit court (county official records). The statewide statutory charges to record, index and file a deed of standard size are $5.00 for the first page and $4.00 for each additional page, plus a Public Records Modernization Trust Fund charge of $1.00 for the first page and $0.50 for each additional page and a further $4 per page service charge (Fla. Stat. 28.24(13)(d) and (e)), so $10.00 for the first page and $8.50 for each additional page. If an instrument contains more than four names, the clerk also charges $1.00 for each additional name (Fla. Stat. 28.24(13)(c)). |
| State transfer tax | Florida’s documentary stamp tax on deeds is 70 cents on each $100 of the consideration, and consideration includes any mortgage or encumbrance on the property. |
| Gift from a parent to a child | Not found in the documents read |
| Spouse or homestead | The documents read do not say whether a spouse must join in a deed. They do show two homestead rules: Florida Statutes 732.4015 says homestead is not subject to devise if the owner is survived by a spouse or minor child (a devise to the spouse is allowed when there is no minor child), and Florida Statutes 201.02(7) exempts from documentary stamp tax a deed of homestead property between spouses when the only consideration is a mortgage or lien on the property. |
| Source | Florida Legislature (Online Sunshine) |
Signing, witnesses and the notary in Florida
A Florida deed must be a written instrument signed by the grantor in the presence of two subscribing witnesses, and no seal is needed.
To be recorded, a Florida instrument concerning real property must be acknowledged by the person executing it, proved by a subscribing witness, or legalized or authenticated as the statute lists.
Witnesses: Section 689.01 requires the grantor to sign in the presence of two subscribing witnesses (a lease of real property is excepted).
The text itself:
- Florida Statutes 689.01 How real estate conveyed: “signed in the presence of two subscribing witnesses”
- Florida Statutes 689.01 How real estate conveyed: “No seal shall be necessary to give validity to any instrument”
- Florida Statutes 695.03 Acknowledgment and proof: “the execution must be acknowledged by the party executing it”
If you want a ready-made form
Review LawDepot’s quitclaim deed form
LawDepot builds a quit claim deed from guided questions for your state. Compare the form with the signing, notary and recording rules on this page before you sign anything.
A deed moves title and can change a family’s tax and benefit position. If you need advice about your situation, ask a real estate attorney before choosing a document service.
The link goes to LawDepot, a paid legal-document service, not Clear Money Guide and not a law firm. LawDepot pays Clear Money Guide a commission if you buy a document there, at no extra cost to you. You are under no obligation to buy anything. We are not a law firm and this is not legal advice.
Review LawDepot’s quitclaim deedOpens on LawDepot. Follow the signing, notary and recording rules for your state.
How our partner relationships workRecording: where to file and what it costs
Recording office: Clerk of the circuit court (county official records). The statewide statutory charges to record, index and file a deed of standard size are $5.00 for the first page and $4.00 for each additional page, plus a Public Records Modernization Trust Fund charge of $1.00 for the first page and $0.50 for each additional page and a further $4 per page service charge (Fla. Stat. 28.24(13)(d) and (e)), so $10.00 for the first page and $8.50 for each additional page. If an instrument contains more than four names, the clerk also charges $1.00 for each additional name (Fla. Stat. 28.24(13)(c)).
An illustration, not a quote: a deed of 4 pages costs $10.00 + 3 x $8.50 = $35.50 at the statutory rates above.
The text itself:
- Florida Statutes 28.24 Service charges by clerk of the circuit court: “First page or fraction thereof: 5.00.”
- Florida Statutes 28.24 Service charges by clerk of the circuit court: “Each additional page or fraction thereof: 4.00.”
- Florida Statutes 28.24 Service charges by clerk of the circuit court: “Public Records Modernization Trust Fund for each instrument listed in s. 28.222”
- Florida Statutes 28.24 Service charges by clerk of the circuit court: “An additional service charge of $4 per page shall be paid to the clerk of the circuit court”
Transfer tax and a gift to a family member
Florida’s documentary stamp tax on deeds is 70 cents on each $100 of the consideration, and consideration includes any mortgage or encumbrance on the property.
Between family members: Not found in the documents read.
The text itself:
- Florida Statutes 201.02 Tax on deeds and other instruments relating to real property: “$100 of the consideration therefor the tax shall be 70 cents”
Other filings the documents mention
The clerk of the circuit court may not record a conveyance unless the signers’, preparer’s, witnesses’ and grantee’s names and post-office addresses are printed on the instrument, the name of any notary or other officer who took the acknowledgment is printed beneath that officer’s signature, and a 3-inch by 3-inch space is reserved at the top right of the first page and a 1-inch by 3-inch space at the top right of each later page. The statute lists exceptions, such as instruments executed, acknowledged or proved outside Florida, and a clerk’s failure to follow it does not impair the recording.
The text itself:
- Florida Statutes 695.26 Requirements for recording instruments affecting real property: “3-inch by 3-inch space at the top right-hand corner”
A worked example: a parent deeds the home to an adult child
An illustration, not a return: a parent bought a home for $100,000, and it is worth $300,000 when the parent deeds it to an adult child by quitclaim deed, with no payment. The child later sells it for $350,000. For a gift, federal law says the child’s basis is “the same as it would be in the hands of the donor”, so the basis stays $100,000 and the gain is $250,000 ($350,000 minus $100,000). Had the child received the same home at the parent’s death, when it was worth $300,000, the statute sets the basis at “fair market value of the property at the date of the decedent’s”, so the gain would be $50,000 ($350,000 minus $300,000). Federal gift tax filing rules are outside this page and outside the documents read.
Read the Florida transfer-tax rule above for the state side of the same transfer. See CMG’s quitclaim vs warranty deed for a family transfer page for the choice of deed.
What the documents do not say
- Whether Florida has a statutory quitclaim form: not found in the documents read.
- Whether a gift from a parent to a child is exempt from the transfer tax: not found in the documents read.
- Whether a spouse must join in the deed: not found in the documents read.
- County or city transfer taxes and local recording surcharges were not read unless named above.
Common mistakes
- Signing before one witness or none; the statute read calls for two subscribing witnesses.
- Assuming the answer for one state applies to another, or that signing a deed ends the paperwork before recording.
Related: quitclaim deeds by state, quitclaim vs warranty deed for a family transfer, Florida transfer on death deed, Florida probate cost, and whether Florida has an estate tax.
Sources
- Florida Statutes 689.01 How real estate conveyed: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0689/Sections/0689.01.html
- Florida Statutes 695.03 Acknowledgment and proof: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0695/Sections/0695.03.html
- Florida Statutes 201.02 Tax on deeds and other instruments relating to real property: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0201/Sections/0201.02.html
- Florida Statutes 28.24 Service charges by clerk of the circuit court: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0028/Sections/0028.24.html
- Florida Statutes 695.26 Requirements for recording instruments affecting real property: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0695/Sections/0695.26.html
- 26 U.S.C. 1015, Basis of property acquired by gifts and transfers in trust (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1015.htm
- 26 U.S.C. 1014, Basis of property acquired from a decedent (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1014.htm
Sources: the primary documents linked above, read on October 11, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.