Florida Quitclaim Deed Witness Requirements

Florida Signing Requirements

Florida recording rules require more than simply signing the deed.

A Florida quitclaim deed generally involves:

• the grantor's signature
• two subscribing witness signatures
• a notary acknowledgment or other authorized acknowledgment
• county recording information and formatting requirements

Missing any of these items can create recording problems.

The witness rule comes from section 689.01 of the Florida Statutes, which says that no interest in land of freehold, or for a term of more than one year, can be created or transferred except by a written instrument “signed in the presence of two subscribing witnesses.” That is the sentence the recording office is working from, and it is why a notary alone is not enough (Fla. Stat. § 689.01, published by the Florida Senate).

What Changed in 2020 — and What Didn’t

You may have read that Florida did away with its two-witness rule. That is half right, and the half that is wrong can cost you a trip to the recording office.

In 2020 the Legislature amended section 689.01 to remove the witness requirement — for leases only. The amendment added a proviso saying that no subscribing witnesses are required for a lease of real property, or for any instrument relating to a lease.

Deeds were left exactly as they were. A quitclaim deed hands over ownership rather than a tenancy, so it still has to be signed in front of two subscribing witnesses.

Why Florida Uses Both Witnesses and a Notary

The witnesses and notary serve different roles.

The witnesses help show that the grantor signed the deed in their presence. The notary acknowledgment helps verify the identity and acknowledgment of the signer for recording purposes.

A deed can look complete at first glance but still create problems if it has a notary seal without two proper witness signatures.

The Difference Between a Witness and a Notary

A witness observes the signing of the deed and signs as a subscribing witness.

A notary public completes the acknowledgment section. The notary confirms the acknowledgment and completes the notarial certificate.

In some situations, the notary may also sign as one of the two witnesses, but the notary acknowledgment alone should not be treated as a witness signature.

Choosing the Two Witnesses

A practical witness is an adult who is present when the grantor signs the deed and can clearly sign the witness line.

Choose witnesses who can identify what they witnessed and who do not create confusion with the parties named in the deed.

Some county recording offices may expect witness names to be printed clearly, and local formatting practices can vary.

Florida Signing Session Checklist

Before signing, make sure the deed is ready and everyone needed for signing is available.

• The deed is complete before signing.
• The grantor is ready to sign.
• Two witnesses are present or properly participating electronically.
• The notary is present or conducting a valid remote online notarization session.
• Witness signatures are placed on the correct witness lines.
• The notary acknowledgment is completed correctly.
• Names are consistent between the deed, signature lines, and notary acknowledgment.

Online Notarization and Electronic Witnessing

Florida authorizes remote online notarization, and Florida law allows the two-witness requirement to be satisfied by witnesses being present and electronically signing through audio-video communication technology. That allowance sits in subsection (2) of the same statute, so electronic witnessing is a different way of meeting the two-witness rule — not an exemption from it.

This does not mean every signing situation is simple. Online notarization and electronic witnessing must be handled correctly, and recording-office acceptance should still be confirmed before relying on a remotely notarized deed.

Learn more on our Remote Online Notarization by State guide.

Recording Problems to Avoid

The county recording office may reject or delay recording if:

• only one witness signed the deed
• the deed was notarized but not witnessed
• the notary did not sign separately as a witness when serving as a witness
• witness names or required witness information is missing
• the notary acknowledgment is incomplete
• names are inconsistent between the deed, signatures, and acknowledgment
• required parts of the deed were left blank
• county recording format requirements were not checked

How This Fits Into the Florida Quitclaim Deed Process

When preparing a Florida quitclaim deed, confirm the signing arrangement before the grantor signs.

The safest practical approach is to have the grantor, two witnesses, and the notary available during the same signing session.

After signing and notarization, the deed is commonly submitted to the clerk of court in the Florida county where the property is located.

See the main Florida Quitclaim Deed Instructions page for the complete step-by-step deed preparation process.

Florida Witness Requirements FAQ