Hamilton County Special Warranty Deed Form

A Florida special warranty deed conveys title with a narrow promise: the grantor warrants against title defects only to the extent those defects arose during the grantor's own period of ownership, and not against claims rooted in earlier links of the chain. That limited covenant suits Florida transactions where the seller has held the property for a defined period and is unwilling to back the title work of prior owners — estate sales by personal representatives, conveyances out of trusts, REO and post-foreclosure transfers, and many commercial closings. The Florida version carries execution and recording requirements that catch out-of-state preparers, including a two-witness rule that has been part of the state's conveyancing law for more than a century, mandatory documentary stamp tax at recording, and constitutional homestead protections that can void a deed signed by a married grantor without the spouse's joinder.

When the Florida Special Warranty Deed Is Used

Florida special warranty deeds are commonly used by personal representatives selling estate property under formal or summary administration, trustees distributing real estate from a trust, lenders conveying out REO inventory following a Florida judicial foreclosure, and corporate sellers in commercial closings. In each case the grantor delivers present title and stands behind it for the period of the grantor's ownership, but does not extend the warranty to acts and omissions of prior owners. Buyers typically pair the deed with a title insurance policy to cover the gap left by the limited covenant.

Florida Statutory Framework

Florida does not prescribe a separate statutory form for a special warranty deed. The conveyance draws from several chapters of the Florida Statutes. Section 689.01 establishes the writing, signature, and two-witness requirements for any conveyance of an interest in land. Section 689.02 prescribes a form for the broader general warranty deed, which is adapted into a special warranty by limiting the covenant of warranty to claims arising by, through, or under the grantor. Acknowledgment is governed by section 695.03, the recording-page requirements by section 695.26, recording priority by section 695.01, and documentary stamp tax by section 201.02.

Execution: Two Witnesses and Acknowledgment

Florida is among the small minority of states that still require two subscribing witnesses to the grantor's signature on a deed conveying an interest in real property (689.01). Both witnesses must sign in the grantor's presence, and their printed names must appear beneath the signatures. The deed must also be acknowledged before a notary public or other officer authorized under section 695.03; Florida is unusual in expressly recognizing acknowledgments taken by civil-law notaries who affix an official seal in the manner provided by law. The notary may serve as one of the two witnesses, in which case the notary signs both as a witness and in the notarial capacity. A deed executed outside Florida is acceptable when acknowledged before any officer listed in section 695.03 of the host state, with a certificate of acknowledgment under the seal of the court or officer attached to the instrument.

Florida Recording-Page Requirements

Section 695.26 imposes facial requirements that the clerk of the circuit court will check before recording. A deed that fails any of them is rejected and returned for correction.

• Preparer identification. The first page must show the name and post office address of the natural person who prepared the instrument.
• Grantee mailing address. The post office address of each grantee must appear on the face of the deed.
• Recording space. A 3-inch-by-3-inch space must be reserved at the top right corner of the first page, and a 1-inch-by-3-inch space at the top right corner of each subsequent page, for the clerk's recording stamp.
• Printed names. The names of the grantor, witnesses, and notary must be typed or printed beneath each signature; signatures alone do not satisfy the rule.

Homestead, Marital Status, and Vesting

Florida's constitutional homestead is one of the most powerful — and most easily overlooked — features of the state's real estate law. Article X, section 4 of the Florida Constitution requires both spouses to join in any conveyance of homestead property, regardless of how title is held. A deed signed by a married grantor without the spouse's joinder is void as to the homestead. For that reason the deed should recite the grantor's marital status and, where the property is homestead, include the spouse's signature even if that spouse never appeared in the chain of title.

For multiple grantees, Florida applies two distinct presumptions under section 689.15. A conveyance to a married couple is presumed to create a tenancy by the entireties, with right of survivorship and creditor protection between spouses. Outside the marital context, joint tenancy with right of survivorship is not presumed; co-grantees take as tenants in common unless the deed expressly creates a right of survivorship. Generic phrases such as "as joint tenants," without explicit survivorship language, are read narrowly. The deed's vesting clause should state the intended ownership form on its face — tenants in common, joint tenants with right of survivorship, or husband and wife as tenants by the entireties — and should recite the grantees' marital status when relevant.

Recording, Priority, and Documentary Stamp Tax

Recording is handled by the clerk of the circuit court in the county where the property is located. An unrecorded deed is not effectual against creditors or subsequent purchasers for value without notice (695.01), and priority among recorded instruments is determined by the order and time of recording. Prompt recording protects the grantee against intervening liens, conflicting conveyances, and judgment creditors of the grantor.

Florida levies documentary stamp tax on the consideration recited in or otherwise paid for the conveyance under section 201.02 — generally 70 cents per $100 of consideration outside Miami-Dade County, with a different rate structure inside Miami-Dade. The tax is paid to the clerk at recording, and the clerk will not record the deed until the stamps are affixed or the tax is paid electronically. The deed should state the consideration on its face, or recite that the transfer is a gift or for nominal consideration, so the tax can be calculated.

What's Included in the Download Package

The Florida Special Warranty Deed package includes the form, line-by-line completion guidelines, and a completed example. The forms are prepared by the Deeds.com forms development team and are formatted to meet the section 695.26 recording-page requirements, including the 3-inch clerk's space and printed-name lines for the grantor, two witnesses, and notary. The package is delivered as an instant download.