Public service notice. Nothing in this article is legal advice or legal instruction. The only legal information it contains is quoted or summarized from the state and county government publications cited in the numbered notes, and it is shared as a public service announcement only.
Florida now has a quitclaim deed form written into its statutes, and some county clerks publish that form with a disclaimer of their own. This article collects what the clerks, the Florida Statutes, and the Florida Department of Revenue say about quitclaim deeds, quoted in their own words, with the numbered notes at the end linking to each original.
Everything that follows is quoted or summarized from the publications cited. None of it represents legal advice, legal instruction, or the legal opinions of the author.
The quitclaim deed form in the Florida Statutes
Section 689.025 of the Florida Statutes, titled “Form of quitclaim deed prescribed,” states that “A quitclaim deed of conveyance to real property or an interest therein must” be “in substantially the following form.”¹ The section was created by chapter 2023-238, Laws of Florida, and its core language reads:
This Quitclaim Deed, executed this (date) day of (month, year), by first party, Grantor (name), whose post office address is (address), to second party, Grantee (name), whose post office address is (address).
Witnesseth, that the said first party, for the sum of $ (amount), and other good and valuable consideration paid by the second party, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto the said second party forever, all the right, title, interest, claim, and demand which the said first party has in and to the following described parcel of land, and all improvements and appurtenances thereto, in (county), Florida:¹
The form uses the words “remise, release, and quitclaim,” and describes what is conveyed as “all the right, title, interest, claim, and demand which the said first party has.” The neighboring section for warranty deeds, section 689.02, uses different language, in which the grantor “does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever.”¹ The quitclaim form in section 689.025 contains no warranty language.
Other requirements in Chapter 689
Section 689.025 also requires that a quitclaim deed “Include the legal description of the real property the instrument purports to convey,” which “must be legibly printed, typewritten, or stamped thereon.” It requires “a blank space for the parcel identification number,” and states that the parcel number “is not a part of the legal description of the property” and “may not be used as a substitute for the legal description required by this section.”¹
Section 689.01, titled “How real estate conveyed,” requires that an interest in land be transferred “by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring, or releasing such estate.” The same section provides that the witness requirement “may be satisfied by witnesses being present and electronically signing by means of audio-video communication technology.”¹
Chapter 689 also includes a procedure for correcting certain errors in legal descriptions. Section 689.041, “Curative procedure for scrivener’s errors in deeds,” defines an “Erroneous deed” as “any deed, other than a quitclaim deed, which contains a scrivener’s error.”¹
Recording fees and documentary stamp tax
The Santa Rosa County Clerk of the Circuit Court and Comptroller publishes its recording requirements alongside its quitclaim deed form. The requirements list a recording fee of “$10.00 for the 1st page and $8.50 for each additional page” and “State Documentary Stamps $0.70 per $100.00 or fraction thereof on deeds/conveyances.” The same sheet lists the “Legal description of property” among the items required for recording, and states that the office “cannot record a copy unless it is recorded and certified from another Clerk’s office.”²
Recording requirements and fees can change, and each clerk publishes its current schedule on its own website.
What a property appraiser says about a new deed
The St. Lucie County Property Appraiser’s FAQ includes a section on recording a new deed. On whether a new deed affects the property, it answers, “Maybe, depending on how you own the property (the ‘tenancy’), and if the new owner files for Homestead Exemption on your property.” It adds that “If two or more people own property with Homestead Exemption, the type of tenancy that appears on the deed can have an effect on the Save Our Homes provision, and ultimately the amount of taxes” and that “The new owner would need to file for their own Homestead Exemption once they have ownership of the property.”³
What the clerks say when they publish the form
Some clerks publish a blank quitclaim deed based on section 689.025, and they attach a disclaimer to it. The Alachua County Clerk’s version begins, “The attached quitclaim deed form is a type of deed form provided in section 689.025, Florida Statutes,” followed by the heading “USE THIS FORM AT YOUR OWN RISK.” It continues, “Every property transaction is different and whether a quitclaim deed is the document needed for your property transaction is something you need to determine for yourself or with the help of an attorney. There is no guarantee that a quitclaim deed is the right instrument for what you are trying to accomplish.”⁴ The disclaimer adds, “The Clerk of Court is not authorized to provide legal advice,” and notes that internet resources may explain the differences between types of deeds, “though, of course, none of those resources can substitute for professional legal advice.”⁴
The Duval County Clerk’s disclaimer describes its form as “a type of deed drafted in accordance with Florida Statute 689.025” that “is provided by the Duval Clerk as a convenience to you.” It states, “The Clerk’s Office is barred by Florida law from offering legal advice and cannot assist you in determining the best type of instrument to use for your particular transaction,” and “Depending on your individual situation, a quitclaim deed may not be the right instrument for what you are trying to accomplish.”⁵ The St. Lucie County Property Appraiser takes a similar position on deeds generally: “The Property Appraiser’s Office cannot legally advise you, since there are many serious considerations that go beyond how Homestead Exemption is calculated, including income and estate tax consequences.”³
A deed involves choices about legal language, the property’s legal description, and homestead, tax, and estate consequences, which usually call for the judgment of a licensed Florida attorney. This is an emerging Florida template and we play a limited role in form completion services, but this is one you can either do yourself or have a Florida real estate attorney advise you on. If you want us to prepare the form for you, email formamerica@protonmail.com for the latest information from your county.
The information you would need to collect for the form may include :
Deed information
- Execution date: the date the deed is executed.
- Grantor’s name: the person or people conveying their interest.
- Grantor’s post office address.
- Grantee’s name: the person or people receiving the interest.
- Grantee’s post office address.
- Consideration amount: the dollar figure in “for the sum of $____.”
- Legal description of the property: inserted where the form says “(insert legal description).”
- Parcel number: the property appraiser’s parcel identification number, in the “Parcel No.” blank.
Grantor signature block
- Grantor’s signature.
- Grantor’s printed name.
Witnesses (two)
For each witness:
- Signature.
- Printed name.
- Address.
- City, state, and ZIP code.
Notary acknowledgment
- Method of notarization: a checkbox for “physical presence” or “online notarization.”
- Date of notarization.
- Name of the person signing before the notary.
- Notary public’s signature.
- Notary’s commissioned name: printed, typed, or stamped.
- Identification method: a checkbox for “Personally Known” or “Produced Identification.”
- Type of identification produced, if applicable.
Preparer block (who filled out the form?)
Notes
- The Florida Senate, 2025 Florida Statutes, Chapter 689, Conveyances of Land and Declarations of Trust
- Santa Rosa County Clerk of the Circuit Court and Comptroller, Quitclaim Deed form and Recording Requirements
- St. Lucie County Property Appraiser, FAQ: Recording a New Deed
- Alachua County Clerk of the Court, Quitclaim Deed form with disclaimer
- Duval County Clerk of the Circuit Court, Quitclaim Deed form with disclaimer
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