As a real estate attorney who has drafted and reviewed hundreds of deeds across Florida for over a decade, I can tell you that choosing the right type of deed is one of the most important decisions in any property transaction. Among the options available in the Sunshine State, the special warranty deed in Florida strikes an excellent balance between buyer protection and seller liability—making it the most commonly used deed in residential resales and many commercial transactions.
In this comprehensive guide, I’ll explain everything you need to know about a special warranty deed Florida property owners and buyers rely on, provide you with a free, attorney-drafted special warranty deed Florida form that complies with Florida Statutes § 689.02 and § 695.26, and walk you through proper execution and recording requirements in 2025.
Important Disclaimer: This article and the downloadable template are for informational purposes only and do not constitute legal advice. Laws change, and your specific situation may require customized language. Always consult a licensed Florida real estate attorney or title professional before executing any deed.
A special warranty deed in Florida (sometimes called a limited warranty deed) is a legal document that transfers real property ownership with two key warranties from the seller (grantor):
Unlike a general warranty deed that warrants title back to the beginning of time, a special warranty deed limits the seller’s exposure to issues that occurred only while they held title. This is why virtually every bank-owned (REO) sale, estate sale, and many investor-to-investor transactions in Florida use this deed type.
| Feature | Special Warranty Deed | General Warranty Deed | Quitclaim Deed |
|---|---|---|---|
| Title Guarantees | Only during grantor’s ownership | From sovereignty to present | None (“as-is”) |
| Typical Use | REO sales, investor flips, estate sales | Traditional retail sales | Divorce, family transfers, LLC transfers |
| Buyer Protection Level | Moderate | Highest | None |
| Title Insurance Acceptance | Yes (standard) | Yes | Often requires enhanced policy |
In my practice, I recommend a special warranty deed Florida form in these common scenarios:
Click below to download my attorney-drafted, Florida-specific special warranty deed template in both Microsoft Word (.docx) and PDF formats. This form includes the mandatory Florida Documentary Stamp language, reverter clause protection, and complies with the latest Florida Statutes and Department of Revenue requirements as of November 2025.
Download Special Warranty Deed Florida Template (Word)
Download Special Warranty Deed Florida Template (PDF)
Include full legal names and marital status exactly as they appear on current title. Florida courts are strict about name conformity.
Never use the street address alone. Attach the full legal description from the prior deed or title policy (including plat book/page or metes and bounds).
Florida imposes documentary stamp tax at $0.70 per $100 of consideration (except Miami-Dade surcharge counties). Include the exact language: “Documentary stamp taxes in the amount of $______ have been paid or will be paid to the Clerk at recording.”
All grantors must sign exactly as their name appears. Two witnesses are required in addition to a notary (Fla. Stat. § 689.01). Many title companies now require the witnesses’ printed names and addresses.
Florida law requires: “Prepared by: [Your Name], [Your Address]” at the top left of the first page.
Here’s exactly how the operative language should read:
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made this ___ day of __________, 2025, by and between ______________________________ (hereinafter “Grantor”), whose address is ______________________________, and ______________________________ (hereinafter “Grantee”), whose address is ______________________________.
WITNESSETH that Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto Grantee, its successors and assigns forever, the following described real property in __________ County, Florida:
[Insert Full Legal Description]
TOGETHER with all tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby specially warrants that it has good right and lawful authority to convey the above-described property and does hereby specially warrant the title to the same against the lawful claims of all persons claiming by, through, or under Grantor, but no further or otherwise.
File the original signed deed with the Clerk of the Circuit Court in the county where the property is located. Current recording fees (2025) average $10 for the first page and $8.50 for each additional page, plus the documentary stamp tax.
Source: Florida Department of Revenue – Documentary Stamp Tax Information
Can I prepare my own special warranty deed in Florida?
Yes, Florida allows non-attorneys to prepare deeds for their own transactions, but errors can be costly.
Does a special warranty deed require title insurance?
Not legally required, but virtually every lender and prudent buyer will insist on an owner’s policy.
Is a special warranty deed the same as a statutory deed in Florida?
No. Florida eliminated statutory warranty deeds in 1980. Today we use either general warranty, special warranty, or quitclaim deeds.
In my 10+ years closing thousands of Florida transactions, the special warranty deed in Florida remains the workhorse of resales for good reason—it provides reasonable buyer protection while limiting seller exposure to unknown historical defects.
Use the free template above as a starting point, but remember: a $500 attorney review today can prevent a $50,000 title problem tomorrow.
Download your free special warranty deed Florida form now and move forward with confidence.
This article was last updated November 2025. Always verify current statutes at flsenate.gov and consult a licensed professional.