Most deed problems I am asked to fix were created at the signing table. Florida's execution requirements are not complicated, but they are strict, and a deed that misses one of them may be rejected by the clerk or, worse, may fail to convey title at all.
Start with the rule that matters most. Under section 689.01, Florida Statutes, a deed must be signed by the grantor in the presence of two subscribing witnesses. This is not a recording formality; it goes to the validity of the conveyance itself, and Florida courts have enforced it strictly for well over a century. A notary's acknowledgment does not substitute for the witnesses. A deed with one witness, or none, is not cured by recording it.
Since January 1, 2024, the witness requirement has more moving parts. Section 695.26, Florida Statutes, now requires that each witness's name be legibly printed beneath the signature and that each witness's post office address appear on the instrument. The Legislature added the address requirement to combat deed fraud, and clerks of court are directed to reject documents that omit it. A physical address or a post office box works; an email address does not. The same statute has long required the grantee's mailing address, the name and address of the person who prepared the instrument, and a three inch square of blank space at the top right corner of the first page for the clerk's recording stamps.
The acknowledgment comes next. Chapter 117, Florida Statutes, governs notarization, and since 2020 the certificate must indicate whether the signer appeared by physical presence or by online notarization, along with the date, the name of the person acknowledging, and whether the signer was personally known to the notary or produced identification. Florida authorizes remote online notarization through registered online notaries, so a deed can now be validly acknowledged by audio-video conference, but only through the statutory procedure, not an ordinary video call.
A question I hear regularly is whether the notary can also serve as a witness. In Florida the answer is yes. The notary may sign twice, once as one of the two subscribing witnesses and once as the officer taking the acknowledgment, a practice long recognized by the Governor's Reference Manual for Notaries. What no one may do is witness a signature they did not actually see. Both witnesses must be present when the grantor signs, and each must sign in their own hand.
One last point about married grantors. If the property is the grantor's homestead, the Florida Constitution requires the spouse to join in the deed even if the spouse is not on the title. An otherwise perfect deed of homestead signed by one spouse alone is a defect no amount of recording will fix. When in doubt about any of this, the cost of doing it correctly the first time is a fraction of the cost of a quiet title action later.
This article is provided for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every situation is different, and you should consult a Florida attorney about your specific circumstances.
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