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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to real property fraud; creating s. 2
28.47, F.S.; requiring the clerk of the circuit court 3
to create, maintain, and operate an opt -in recording 4
notification service; providing definitions; requiring 5
such clerk to ensure that registration for such 6
service is possible through an electronic registration 7
portal; specifying portal and notification 8
requirements; providing immunity from liability for 9
the clerk; providing construction; creating s. 65.091, 10
F.S.; clarifying that an action may be brough t under 11
ch. 65, F.S., to quiet title after a fraudulent 12
attempted conveyance; requiring the court to quiet 13
title and award certain title and rights under certain 14
circumstances; directing the clerk of the circuit 15
court to provide a simplified complaint form ; creating 16
s. 475.5025, F.S.; requiring a real estate licensee to 17
send a fraud prevention notice under specified 18
circumstances; providing form language for such 19
notice; providing for applicability; limiting the 20
liability of a real estate licensee for nonco mpliance 21
but providing that such noncompliance may be 22
introduced as evidence for certain violations; 23
providing that the failure of a property owner to 24
respond to the notice does not preclude or limit the 25
HB 1419 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ability to establish certain challenges or defenses or 26
limit his or her remedy in any quiet title or 27
declaratory judgment action; amending s. 626.8411, 28
F.S.; providing for applicability relating to title 29
insurance agents and agencies and title insurers; 30
creating s. 627.799, F.S.; requiring parties providing 31
real estate transaction closing services to send a 32
fraud prevention notice under specified circumstances; 33
providing form language for such notice; providing for 34
applicability; limiting a closing service provider's 35
liability for noncompliance but permittin g such 36
noncompliance to be introduced as evidence establish 37
certain violations; providing that the failure of a 38
property owner to respond to the notice does not 39
preclude or limit the ability to establish certain 40
challenges or defenses or limit his or her r emedy in 41
any quiet title or declaratory judgment action; 42
providing applicability relating to the title 43
insurer's obligations; creating s. 689.025, F.S.; 44
prescribing the form for a quitclaim deed; amending s. 45
695.26, F.S.; revising the requirements for reco rding 46
instruments affecting real property; providing an 47
effective date. 48
49
Be It Enacted by the Legislature of the State of Florida: 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Section 1. Section 28.47, Florida Statutes, is created to 52
read: 53
28.47 Recording notification service. — 54
(1) The clerk of the circuit court must create, maintain, 55
and operate a free recording notification service which is open 56
to all persons wishing to register for the service. For purposes 57
of this section, the term: 58
(a) "Land record" means a deed, mortgage, or othe r 59
document purporting to convey or encumber real property. 60
(b) "Monitored identity" means a personal or business name 61
or a parcel identification number submitted by a registrant for 62
monitoring under a recording notification service. 63
(c) "Recording noti fication" means a notification sent by 64
electronic mail indicating to a registrant that a land record 65
associated with the registrant's monitored identity has been 66
recorded in the public records of the county. 67
(d) "Recording notification service" means a service which 68
sends automated recording notifications. 69
(e) "Registrant" means a person who registers for a 70
recording notification service. 71
(2) The clerk must ensure that registration for the 72
recording notification service is possible through an electr onic 73
registration portal, which portal must: 74
(a) Be accessible through a direct link on the home page 75
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of the clerk's official public website; 76
(b) Allow a registrant to subscribe to receive recording 77
notifications for at least five monitored identities per valid 78
electronic mail address provided; 79
(c) Include a method by which a registrant may unsubscribe 80
from the service; 81
(d) List a phone number at which the clerk's office may be 82
contacted during normal business hours with questions related to 83
the service; and 84
(e) Send an automated electronic mail message to a 85
registrant confirming his or her successful registration for or 86
action to unsubscribe from the service, which message must 87
identify each monitored identity for which a subscription was 88
received or canceled. 89
(3) When a land record is recorded for a monitored 90
identity, a recording notification must be sent within 24 hours 91
after the recording to each registrant who is subscribed to 92
receive recording notifications for that monitored identity. 93
Such notification must contain, at a minimum: 94
(a) Information identifying the monitored identity for 95
which the land record was filed; 96
(b) The land record's recording date; 97
(c) The official record book and page number or instrument 98
number assigned to the land record by the clerk; 99
(d) Instructions for electronically searching for and 100
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viewing the land record using the assigned official record book 101
and page number or instrument number; and 102
(e) A phone number at which the clerk's office may be 103
contacted during normal business hours with questions related to 104
the recording notification. 105
(4) There is no right or cause of action against, and no 106
civil liability on the part of, the clerk with respect to the 107
creation, maintenance, or operation of a recording notification 108
service as required by this section. 109
(5) Nothing in this section may be construed to require 110
the clerk to provide or allow access to a record or information 111
which is confidential and exempt from s. 119.07(1) and s. 24(a), 112
Art. I of the State Constitution or to otherwise violate the 113
public records laws of this state. 114
Section 2. Section 65.091, Florida Statutes, is created to 115
read: 116
65.091 Quieting title; fraudulent conveyances. — 117
(1) An action to quiet title based on a fraudulent 118
attempted conveyance allegation may be maintained under this 119
chapter, and this remedy is cumulative to other existing 120
remedies. A petitioner bringing an action to quiet title based 121
on such allegations is entitled to summary procedure under s. 122
51.011, and the court shall advance the cause on the calendar. 123
(2) In an action to quiet title, when the court determines 124
that an attempt was made to fraudulently convey the land at 125
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issue away from a plaintiff who had legal title to the land 126
before the conveyance, the cou rt must quiet title in and award 127
the plaintiff with the same title and rights to the land that 128
the plaintiff enjoyed before the attempted conveyance. 129
(3) The clerk of the circuit court must provide a 130
simplified form for the filing of a complaint to quie t title 131
based on a fraudulent attempted conveyance allegation and 132
instructions for completing such form. 133
Section 3. Section 475.5025, Florida Statutes, is created 134
to read: 135
475.5025 Fraud prevention notice on listing. - 136
(1)(a) To help prevent real es tate fraud and identity 137
theft, within 5 business days after entering into a brokerage 138
relationship with the potential seller of property, the real 139
estate licensee must cause a copy of the signed listing 140
agreement to be sent by first -class mail to the poten tial seller 141
at the mailing address of the owner shown in the online records 142
of the tax collector. The mailing may include a letter thanking 143
the potential seller for the listing and such other additional 144
information as the licensee may deem appropriate. 145
(b) When the records of the tax collector show a different 146
owner of the property in the preceding year's tax bill, the real 147
estate licensee must, within 5 business days after entering into 148
a brokerage relationship with the potential seller of property, 149
additionally cause a notice to be sent by first -class mail to 150
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the prior owner at the mailing address of the prior owner shown 151
in the online records of the tax collector. Such notice must be 152
in substantially the following form: 153
154
(Brokerage letterhead) 155
156
To help prevent real estate fraud and identity theft, the State 157
of Florida requires us to notify you that (name of real estate 158
broker) has been engaged by (potential seller) to market and 159
sell the property you formerly owned at (address, city, and 160
state). If you believe this is in error, or still claim an 161
interest in this property, please notify us immediately at 162
(phone number and e-mail). 163
164
(2)(a) Failure to comply with this section does not impair 165
the validity or enforceability of any listing agreement, 166
purchase and sale agreement, deed, mortgage, or other instrument 167
or agreement made or delivered in connection with a real estate 168
sale transaction. 169
(b) A real estate licensee has no liability to the actual 170
or claimed owner of a property or a putative purchaser th ereof 171
solely because of his or her failure to comply with this 172
section. However, any such noncompliance may be introduced as 173
evidence to establish violations of this chapter or as an 174
indication of possible fraud, forgery, impersonation, duress, 175
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incapacity, undue influence, illegality, or unconscionability, 176
or for other evidentiary purposes. 177
(c) The failure of the actual property owner to respond to 178
the mailing does not preclude or limit the ability of such owner 179
to establish possible fraud, forgery, imper sonation, duress, 180
incapacity, undue influence, minority, illegality, or 181
unconscionability, or any other challenges or defenses to any 182
real estate transaction, or to limit such owner's remedy in any 183
quiet title or declaratory judgment action. 184
Section 4. Subsection (3) is added to section 626.8411, 185
Florida Statutes, to read: 186
626.8411 Application of Florida Insurance Code provisions 187
to title insurance agents or agencies. — 188
(3) Section 627.799 applies to title insurance agents and 189
agencies and to title insurers only to the extent any of the 190
foregoing are actually engaged in providing closing services for 191
a particular transaction. 192
Section 5. Section 627.799, Florida Statutes, is created 193
to read: 194
627.799 Fraud prevention notice upon opening order. - 195
(1)(a) To help prevent real estate fraud and identity 196
theft, within 5 business days after opening an order to ensure a 197
sale of real property or refinance of a mortgage encumbering 198
real property, the party scheduled to provide closing services 199
must cause a notice to be sent by first -class mail to the seller 200
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or borrower at the mailing address of the owner shown in the 201
online records of the tax collector. Such notice must be in 202
substantially the following form: 203
204
(Letterhead of closing service provider) 205
206
To help prevent real estate fraud and identity theft, the State 207
of Florida requires us to notify you that (name of closing 208
service provider) has been engaged to (handle the sale of) 209
(coordinate the closing of a mortgage in favor of (name of 210
lender) secured by) the property located at (address, city, and 211
state). If you believe this is in error, please notify us 212
immediately at (phone number and e -mail). 213
214
The mailing may include a letter thanking the seller or borrower 215
for selecting the sender and such other addi tional information 216
as the sender may deem appropriate. 217
(b) When the records of the tax collector show a different 218
owner of the property in the preceding year's tax bill, the 219
party to provide closing services must, within 5 business days 220
after opening an order to ensure a sale of real property or 221
refinance of a mortgage encumbering real property, additionally 222
cause a notice to be mailed by first -class mail to the prior 223
owner at the mailing address of the prior owner shown in the 224
online records of the tax c ollector, which notice must be in 225
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substantially the following form: 226
227
(Letterhead of closing service provider) 228
229
In order to help prevent real estate fraud and identity theft, 230
the State of Florida requires us to send this notice. 231
(Name of closing service pr ovider) has been engaged to (handle 232
the sale of property) (coordinate the closing of a mortgage 233
against property) you formerly owned at (address, city, and 234
state). If you believe this is in error, or still claim an 235
interest in this property, please notify us immediately at 236
(phone number and e-mail). 237
238
(c) Separate notice is not required to a borrower who is 239
acquiring the property and placing the mortgage in the same 240
closing. 241
(2)(a) Failure to comply with this section does not impair 242
the validity or enfo rceability of any escrow instructions, 243
purchase and sale agreement, deed, mortgage, or other instrument 244
or agreement made or delivered in connection with a real estate 245
transaction. 246
(b) The closing service provider does not have any 247
liability to the actua l or claimed owner of a property or a 248
putative purchaser thereof solely because of the failure to 249
comply with this section. However, any noncompliance may be 250
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introduced as evidence to establish violations of this chapter 251
or as an indication of possible fra ud, forgery, impersonation, 252
duress, incapacity, undue influence, illegality, or 253
unconscionability, or for other evidentiary purposes. 254
(c) The failure of the actual property owner to respond to 255
the mailing does not preclude or limit the ability of such ow ner 256
to establish possible fraud, forgery, impersonation, duress, 257
incapacity, undue influence, minority, illegality, or 258
unconscionability or any other challenges or defenses to any 259
real estate transaction, or to limit such owner's remedy in any 260
quiet title or declaratory judgment action. 261
(d) This section does not alter or limit the obligations 262
of the title insurer under any title insurance policy issued in 263
connection with a real estate transaction. 264
Section 6. Section 689.025, Florida Statutes, is creat ed 265
to read: 266
689.025 Form of quitclaim deed prescribed. -A quitclaim 267
deed of conveyance to real property or an interest therein must: 268
(1) Be in substantially the following form: 269
270
This Quitclaim Deed, executed this (date) day of (month, year), 271
by first party, Grantor (name), whose post -office address is 272
(address), to second party, Grantee (name), whose post -office 273
address is (address). 274
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Witnesseth, that the said first party, for the sum of $(amount), 276
and other good and valuable consideration paid by the se cond 277
party, the receipt whereof is hereby acknowledged, does hereby 278
remise, release, and quitclaim unto the said second party 279
forever, all the right, title, interest, claim, and demand which 280
the said first party has in and to the following described 281
parcel of land, and all improvements and appurtenances thereto, 282
in (county), Florida: 283
284
(Legal description) 285
286
(2) Include the legal description of the real property the 287
instrument purports to convey, or in which the instrument 288
purports to convey an interest, which description must be 289
legibly printed, typewritten, or stamped thereon. 290
(3) Include a blank space for the parcel identification 291
number assigned to the real property the instrument purports to 292
convey, or in which the instrument purports to convey an 293
interest, which number, if available, must be entered on the 294
deed before it is presented for recording. The failure to 295
include such blank space or the parcel identification number 296
does not affect the validity of the conveyance or the 297
recordability of the de ed. Such parcel identification number is 298
not a part of the legal description of the property otherwise 299
set forth in the instrument and may not be used as a substitute 300
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for the legal description required by this section. 301
Section 7. Paragraph (c) of subse ction (1) of section 302
695.26, Florida Statutes, is amended to read: 303
695.26 Requirements for recording instruments affecting 304
real property.— 305
(1) No instrument by which the title to real property or 306
any interest therein is conveyed, assigned, encumbered, or 307
otherwise disposed of shall be recorded by the clerk of the 308
circuit court unless: 309
(c) The name of each witness to the instrument is legibly 310
printed, typewritten, or stamped upon such instrument 311
immediately beneath the signature of such witness and the post-312
office address of each such person is legibly printed, 313
typewritten, or stamped upon such instrument ; 314
Section 8. This act shall take effect July 1, 2023. 315