Florida transfer tax: documentary stamps on deeds and mortgages

What is the state rate on deeds?

Florida Statutes § 201.02(1)(a) taxes any deed or other document that transfers real property or an interest in it. As of the 2026 Florida Statutes, the rate is 70 cents on each $100 of the consideration, or fraction of $100. Because every partial $100 counts as a full unit, you round the price up to the next $100 before you multiply.

“Consideration” is broader than the cash price. The law counts the money paid or promised, any debt discharged, and the balance of any mortgage on the property, whether or not the buyer assumes it (§ 201.02(1)(a)). If the property is swapped for something other than money, the consideration is presumed to equal the property’s fair market value.

The tax is due even if the deed is never recorded. If the deed is recorded by the 20th day of the month after delivery, you pay the county clerk at recording. Otherwise, you pay the Department of Revenue directly, says the Department.

Is Miami-Dade different?

Yes, and it is the only county with a different rate.

• Base rate: the Department of Revenue states that the rate for Miami-Dade County is 60 cents per $100 of consideration.
• Surtax: § 201.031 lets a county defined in § 125.011(1), which is Miami-Dade, levy a discretionary surtax. § 125.0167 caps it at 45 cents per $100, and the Department confirms Miami-Dade charges the full 45 cents. The money funds a Housing Assistance Loan Trust Fund for low- and moderate-income housing.
• Surtax exemption: there is no surtax when the transfer involves only a single-family residence. The statute says that includes a condominium unit, a cooperative unit and a detached house (§ 201.031(1)).

So a house or condo in Miami pays 60 cents per $100. A vacant lot, a commercial building or a multifamily building pays $1.05 per $100 in total. The surtax provision is set to be repealed on October 1, 2031, according to the note under § 201.031.

The Department of Revenue lists no other local rate: in chapter 201, this surtax is the only local add-on to the deed tax.

Taxes on the mortgage

A buyer who borrows pays two more state taxes when the mortgage is recorded.

When there is both a note and a recorded mortgage, the 35-cent tax is paid once, on the mortgage, at recording (§ 201.08(1)(b)). The Department notes there is no cap on that tax for a recorded mortgage.

For the intangible tax, the Department of Revenue says the lender is the taxpayer, but the lender may pass the cost to the borrower. A refinance with the same lender owes intangible tax only on new money above the unpaid balance plus accrued interest (§ 199.145(4)).

Who pays by law?

The law does not name the seller or the buyer for the deed tax. § 201.01 levies it on any person who makes, signs, records or benefits from the document, and the Department states that all parties are liable regardless of which party agrees to pay. If one party is exempt, such as a government agency, the non-exempt party must pay.

In practice, your purchase contract decides who pays each tax, and the closing statement shows the split. Read that clause before you sign. A real estate attorney can explain the contract; see real estate attorneys in Florida.

Exemptions

The statute and the Department list these main exemptions or reductions:

• Divorce: a deed between spouses or former spouses under a dissolution of marriage, for their marital home (§ 201.02(7)(a)).
• Homestead between spouses: a deed of homestead property between spouses when the only consideration is the existing mortgage (§ 201.02(7)(b)).
• Conservation land: transfers from a qualifying conservation nonprofit to the state, a water management district or a local government (§ 201.02(6)).
• Short sales: debt forgiven by the lender is not part of the taxable consideration (§ 201.02(11)).
• Other documents the Department lists as generally not taxed: a transfer under threat of eminent domain, and a personal representative’s deed under a probated will.

A gift is not automatically exempt. If the property has a mortgage, the balance is consideration. If it has none and the deed recites nominal consideration such as $10, the Department’s examples show a tax of $0.70. The Department adds that there is no specific exemption for estate planning transfers.

Worked example

A buyer pays $600,000 for a single-family house and borrows $480,000.

If the same $600,000 property in Miami-Dade were a vacant lot, the surtax would add $2,700 (6,000 × $0.45), for $6,300 on the deed alone. That matches the method of the Department’s own example: a $500,000 Miami-Dade lot owes $3,000 in stamps and $2,250 in surtax.

These taxes are only part of the bill. See closing costs in Florida and title insurance in Florida, or the general closing costs guide. For local figures, see the Miami guide.