Florida Special Warranty Deed Form

A Florida special warranty deed form is a document that transfers real estate from one owner to another. People also use it to move property into a trust or a business. Create your deed form online with the button below, or read our full guide to deed forms to compare deed types.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.

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Florida Warranty Deed Laws and Requirements

As per the title of the document, the person who gives the property away guarantees the purity of the object title. That is, the seller officially and legally assures that they have not done anything with the property that can spoil its status, the object is not pledged or under arrest, and is not tied to an unpaid mortgage.

At the same time, the protection of title does not concern anyone other than the current owner. This means that the property might have been implicated in illegal transactions in the past and was transferred to the current owner with damage in the title. In short, a special warranty deed should be used when the recipient does not doubt the history of the object and the track of its ownership.

These terms appear on the deed and in the steps below:

  • Grantor: the seller or current owner who transfers the property.
  • Grantee: the person or business that receives the property.
  • Parcel ID: the number that identifies the real estate in county records.
  • Legal description: the formal wording that identifies the exact real estate.

Laws

The special warranty deed forms are governed by the Florida Statuses, Title XL, Chapter 689. The section covers the transfer of the real estate to new ownership and dwells on some cases of using this type of deed in detail. To find out the legal justification, you can read § 689.02. The subsection prescribes the warranty deed and highlights its major points.

Signing Requirements

The legal execution of a special warranty deed in Florida must be certified by the signatures of the seller, the buyer, and a notary public in the presence of two witnesses. Sometimes the seller and the buyer can do with one witness with the notary acting as the second witness. All persons must sign the deed in the presence of a notary public for it to be valid.

After notarization, the document is recorded with the Clerk of the Circuit Court. This is the only office that accepts a special warranty deed for further registration in the state administrative structure.

Fees

When submitting an application to the Clerk, remember to pay the tax fee. The amount of the fee is based on the total cost of the transferred object.

Common Uses and Examples of This Deed Type

People choose this deed in a handful of everyday situations, such as those involving a living trust or the sale of commercial real estate. Here are the most common cases for a special warranty deed to be relevant:

  • Transfer of property rights to trust (for example, to a living trust).
  • Transfer of an object to a business owned.
  • Sale of commercial real estate.
  • Transfer to a new owner who is not concerned about the property’s title (for example, if the new owner purchases title insurance of the property).
  • The unwillingness of the current owner to have the property with any encumbrance.
Before you sign, check that the names and the property description on your deed match your current deed. Keep a signed copy for your records.

What Is a Special Warranty Deed and How It Differs from Other Deeds

A special warranty deed is a written document that transfers real estate to a new owner. Florida’s special warranty deed should be primarily distinguished from similar forms, such as General Warranty Deed and Quitclaim Deed. The general warranty deed guarantees the legal purity of the object title throughout the entire track of ownership. In contrast, the special warranty deed applies only to the current owner.

Unlike both forms, the quitclaim deed does not guarantee the title at all, which makes it appropriate only in the context of family ties or close acquaintances.

How to Fill Out a Florida Special Warranty Deed

Follow these steps to complete your Florida deed. Have the names of the grantor and the grantee, the parcel ID, and the property description ready before you start. Sellers usually find these details on their current deed. If you use our online builder, it asks for these details one at a time and offers a way to save your progress.

  1. Name the Grantor

    Write the name of the seller or current owner who is transferring the property.

  2. Name the Grantee

    Write the name of the person or business that is receiving the property.

  3. Specify the Parcel ID

    Write down the parcel identification number in the designated line.

  4. Enter the Transfer Date

    Specify the date of transfer.

  5. Note the Addresses

    Write the name and mailing address of the grantor and the grantee.

  6. Name the County

    Specify the county where the property is located.

  7. Describe the Property

    Fill in the field for the legal description of the real estate.

  8. Provide the Required Signatures

    In the presence of a notary and two witnesses, sign the document and have the grantee sign it.

  9. Provide Additional Documents

    Gather any supporting papers, such as an extended description of the property, and bring them with the signed deed to the Clerk.

Frequently Asked Questions

What is a Florida special warranty deed?

It is a written document that moves ownership of real estate to a new owner. It is one of several deed types, so compare it with a general warranty deed and a quitclaim deed before you choose.

How do I create a Florida deed online?

Select Create My Document and answer a few questions about the grantor, the grantee, and the property. You can save your progress, finish on any device, and then download and print the form.

What information should I have ready?

Gather the full names and mailing addresses of the grantor and the grantee, the parcel ID, the county, and the legal description of the property. Your current deed is usually the easiest place to copy them from.

What should I do after I sign the deed?

Keep a signed copy for your own records. Gather any supporting papers you plan to bring with the signed deed.

General information, not legal or tax advice.

Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
Published: Apr 3, 2022