This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1419z.DOCX
DATE: 5/4/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/CS/HB 1419 Real Property Fraud
SPONSOR(S): Judiciary Committee and Civil Justice Subcommittee, Robinson, W. and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1436
FINAL HOUSE FLOOR ACTION: 116 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/CS/HB 1419 passed the House on April 26, 2023, and subsequently passed the Senate on May 4, 2023.
“Real property” is a piece of land and any artificial or natural property permanently attached to it. Under Florida
law, a deed is generally required to transfer title to real property from one person (the “grantor”) to another (the
“grantee”). Florida law recognizes several types of deeds, which convey different warranties of title, including a:
General warranty deed, which must be in a statutorily-prescribed form and provides full warranties as to
title and the grantor’s right to convey it; and
Quitclaim deed, for which there is no statutorily-prescribed form and which provides no warranties as to
title, conveying only whatever interest the grantor has in the property, if any.
No deed is effective unless it is properly recorded in the official records of the clerk of the circuit court where
the property lies, and the clerks may not record a deed unless certain statutory requirements are met, including
that the grantor signed the deed in the presence of a notary public and two witnesses. Recently, there has
been an increase in fraudulent real property conveyances in which a fraudster executes and records a deed
purporting to convey title to or an interest in real property to himself or herself or a third party without the
property owner’s knowledge or consent (“title fraud”). Such fraudulent deeds may be legally void ab initio,
meaning they never have legal effect and thus never actually convey title or any property interest away from
the true owner. However, because the clerk serves a ministerial role, the clerk cannot look beyond the four
corners of a deed presented to determine its validity; thus, if it appears on the deed’s face that the statutory
requirements are met, the clerk must record the deed.
There are several civil remedies available to a title fraud victim, including a quiet title action. The state may
also bring criminal charges against the fraudster, if such person is apprehended.
The bill:
Requires the clerks of the circuit court to create, maintain, and operate a free recording notification
service on or before July 1, 2024, to provide property owners who register for the service with early
notice that a land record, such as a deed, has been filed on their property.
Prescribes the form for a quitclaim deed.
Modifies Florida law relating to quiet title actions to expressly state that a quiet title action may be
based on a title fraud allegation; require the clerks to provide a simplified form for the filing of such
action; entitle a petitioner bringing such action to expedited summary procedure timeframes; and
require a court hearing such action to quiet title in and award a prevailing plaintiff the same title and
rights to the land that the plaintiff enjoyed before the title fraud.
Modifies requirements to record instruments affecting real property.
Creates the Title Fraud Prevention Through Identity Verification Pilot Program, in which the Lee
County, Florida, clerk may require the production of a government-issued photographic identification
card in connection with the filing of a deed or other qualifying instrument in specified circumstances.
The bill does not appear to have a fiscal impact on state government but may have an indeterminate fiscal
impact on local government. Subject to the Governor’s veto powers, the effective date of the bill is July 1,
2023, except as otherwise provided.
STORAGE NAME: h1419z.DOCX PAGE: 2
DATE: 5/4/2023
I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Real Property Conveyances
“Real property” is a piece of land and any artificial or natural property permanently attached to it,
whether above or beneath, such as a house, barn, or other structure, or sub-surface mineral.
1
Under
Florida law, a deed is generally required to transfer title to (that is, an ownership interest in) real
property from one person (the “grantor”) to another (the “grantee”).
2
Florida law recognizes several
types of deeds, which convey different warranties of title, including a:
General warranty deed, which provides full warranties to the grantee that the grantor:
o Holds title to the property and has the right to convey it;
o Has not contracted to sell the property to another;
o Promises that there are no encumbrances, such as a lien, on the property, other than
those encumbrances previously disclosed;
o Assures that the grantee and his or her heirs and assigns will enjoy the property without
interruption or deprivation of possession;
o Promises to defend the grantee against anyone who later claims title to the property
after its conveyance; and
o Assures that he or she will take any necessary affirmative steps to further cure any
defects and protect the buyer, even from title defects dating back to before the grantor’s
ownership of the property to be conveyed; and
Quitclaim deed, which provides no warranties as to title and conveys only that interest which the
grantor has in the property, if any.
3
While Florida law prescribes a form for warranty deeds, it does not prescribe a form for quitclaim
deeds.
4
Thus, quitclaim deeds filed in the state lack uniformity. However, the grantor of any deed must
sign the instrument in the presence of and have the instrument acknowledged by a notary public or
other statutorily-designated officer vested with the authority to acknowledge legal instruments.
5
The
grantor must also sign the deed in the presence of two subscribing witnesses,
6
who in turn must sign
the deed in the presence of and have their signatures proved by a notary or other officer vested with
the authority to prove signatures.
7
No acknowledgment or proof may be taken by any notary or other
officer unless such person knows, or has satisfactory proof, that the person:
Making the acknowledgment is the individual described in, and who executed, the deed; or
Offering to make proof is one of the subscribing witnesses to the deed.
8
1
Legal Information Institute, Real Estate, https://www.law.cornell.edu/wex/real_estate (last visited May 4, 2023).
2
Real property may also be transferred in probate after the owner’s death.
3
Legal Information Institute, Deed, https://www.law.cornell.edu/wex/deed (last visited May 4, 2023).
4
S. 689.02, F.S.
5
For a full list of persons who may legalize or authenticate an instrument conveying real property, see s. 695.03(1)-(3), F.S.
6
A subscribing witness is a person who witnesses the grantor sign a document and signs it thereafter to indicate that he or she
witnessed the grantor’s signature thereon. Legal Information Institute, Subscribing Witness,
https://www.law.cornell.edu/wex/subscribing_witness#:~:text=A%20subscribing%20witness%20is%20a,person%20has%20witnessed%
20those%20signatures (last visited May 4, 2023).
7
Ss. 689.01(1) and 695.03(3), F.S.
8
S. 695.09, F.S.
STORAGE NAME: h1419z.DOCX PAGE: 3
DATE: 5/4/2023
Recording Real Property Conveyances
No conveyance of title to or an interest in real property is effective unless it is properly recorded in the
official records of the clerk of the circuit court
9
where the property lies, and the clerks may not record
any such instrument unless:
The name of each of the instrument’s executors is legibly printed, typewritten, or stamped upon
such instrument immediately beneath the executor’s signature and such person’s post office
address is legibly printed, typewritten, or stamped upon such instrument;
The name and post office address of the person who prepared the instrument are legibly
printed, typewritten, or stamped upon such instrument;
The name of each witness to the instrument is legibly printed, typewritten, or stamped upon
such instrument immediately beneath his or her signature;
The name of any notary public whose signature appears on the instrument is legibly printed,
typewritten, or stamped upon such instrument immediately beneath his or her signature;
A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch
space at the top right-hand corner on each subsequent page are reserved for the Clerk’s use;
and
In any instrument other than a mortgage conveying or purporting to convey an interest in real
property, the name and post office address of each grantee in such instrument are legibly
printed, typewritten, or stamped upon such instrument.
10
All deeds recorded in the clerk’s office are deemed to have been accepted by the clerk, and officially
recorded, at the time the clerk or his or her deputy affixed on the deed the official register numbers
11
required under Florida law.
12
Fraudulent Real Property Conveyances
In recent years, there has been an increase in fraudulent real property attempted conveyances in which
a fraudster executes and records a deed purporting to convey title to or an interest in real property to
himself or herself
13
or a third party
14
without the property owner’s knowledge or consent (“title fraud”).
15
Such fraudulent deeds may be legally void ab initio, meaning they never have legal effect and thus
never actually convey title or any property interest away from the true owner.
16
However, because the
clerk serves a ministerial
17
role, the clerk and his or her employees cannot look beyond the four corners
of a deed presented for recording to determine its validity.
18
Thus, if it appears on the deed’s face that
the above-mentioned statutory requirements are met, the Clerk must record the deed. Once such a
deed is recorded, it appears valid, and others may purchase the property from the fraudster or the third
9
The State Constitution mandates that there be an elected clerk of the circuit court (“clerk”) in each of Florida’s 67 counties to perform
specified functions, including official records recorder. Art. V., s. 16 and art. VIII, s. 1, Fla. Const.
10
Ss. 695.01 and 695.26, F.S.
11
The “register numbers” are the filing numbers assigned to and affixed on each instrument filed for record, which numbers the clerk
must enter in a register available at each office where official records may be filed. S. 28.222.
12
Ss. 28.222 and 695.11, F.S.
13
See Mike DeForest, Florida Man Accused of Using Fake Deeds to Take Ownership of Two Homes, Click Orlando (Sept. 12, 2022),
https://www.clickorlando.com/news/investigators/2022/09/12/florida-man-used-fake-deeds-to-take-ownership-of-2-homes-court-records-
claim-heres-how/ (last visited May 4, 2023).
14
See Mike DeForest, ‘Be Aware:’ Identity Thief Uses Fraudulent Deed to Take Orange County Man’s Property, Click Orlando (May 16,
2022), https://www.clickorlando.com/news/investigators/2022/05/16/be-aware-identity-thief-uses-fraudulent-deed-to-take-orange-
county-mans-property/ (last visited May 4, 2023).
15
Joseph M. Bialek, Florida Focus: Protect Yourself from Identity Thieves Using Fraudulent Deeds, Law Alert (Nov. 9, 2022),
https://www.porterwright.com/media/florida-focus-protect-yourself-from-identity-thieves-using-fraudulent-deeds/ (last visited May 4,
2023).
16
Legal Information Institute, Ab Initio, https://www.law.cornell.edu/wex/ab_initio (last visited May 4, 2023).
17
“Ministerial” means taking actions in a prescribed manner in obedience to the mandate of legal authority, without the exercise of the
person’s own judgment or discretion as to the propriety of the actions taken. S. 112.312(17), F.S.
18
See s. 28.222, F.S. (providing that the Clerk of the Circuit Court “shall record the following kinds of instruments presented to him or
her for recording, upon payment of the service charges prescribed by law: (a) Deeds…”); art. V, s. 16, Fla. Const.
STORAGE NAME: h1419z.DOCX PAGE: 4
DATE: 5/4/2023
party named as grantee in the deed in the belief that such person owns and has the right to sell the
property.
To assist property owners in uncovering title fraud, many clerks throughout the state offer a free
notification service that alerts a property owner who registers for the service whenever an instrument
purporting to convey title to the owner’s real property, such as a deed, is recorded in the county’s
official records.
19
This service does not prevent the recording of the deed, but rather puts the property
owner on notice that he or she may need to contact an attorney or law enforcement to report the fraud
and take steps necessary to undo the fraudulent conveyance. However, such a service is not currently
mandated by or standardized in Florida law.
Available Civil Remedies
A title fraud victim has several civil remedies available to him or her, which are not necessarily
exclusive remedies; in other words, the plaintiff may pursue multiple civil remedies where not otherwise
prohibited from doing so by law.
Quiet Title Action
A real property owner who believes that he or she has been the victim of title fraud can file a lawsuit
asking the court to quiet title to the property – that is, determine who is the property’s true owner.
20
In
such a lawsuit, known as a quiet title action, the plaintiff must generally prove his or her title (that is,
right of ownership) from the original source for a period of at least seven years before filing the
complaint and set forth in the complaint the official records book and page number of the instrument
allegedly affecting the plaintiff’s title.
21
If, based on the evidence, it appears that the plaintiff is the
property’s rightful owner, or if a default is entered against the defendant (in which case no evidence
need be presented), the court must enter judgment removing the alleged cloud from the title and
quieting title in the plaintiff.
22
Such final judgment is then recorded in the official records of the county
where the property lies, overriding the fraudulent deed.
23
Declaratory Judgment
As an alternative to a quiet title action, a real property owner who believes that he or she has been the
victim of title fraud may petition the court for a declaratory judgment, which is a binding judgment defining
the legal relationship between specified parties and their rights in a specified matter, whether or not
further relief is or could be claimed, which judgment has the force of a final judgment.
24
The test for a
declaratory judgment claim is not whether the evidence shows that the plaintiff will prevail, but whether
there is a bona fide dispute such that the plaintiff is entitled to a declaration of his or her rights.
25
A plaintiff
must also show a bona fide, actual, present, and practical need for the declaration, but these
requirements may be met if the plaintiff shows that “ripening seeds of controversy” make litigation in the
immediate future seem unavoidable.
26
19
See, example, Clerk of the Court & Comptroller, Lee County, Florida, Property Fraud Alert,
https://www.leeclerk.org/services/property-fraud-alert (last visited May 4, 2023).
20
Ch. 65, F.S.
21
Id.
22
Id.
23
Id.
24
S. 86.011, F.S.; Legal Information Institute, Declaratory Judgment,
https://www.law.cornell.edu/wex/declaratory_judgment#:~:text=A%20declaratory%20judgment%20is%20a,means%20to%20resolve%2
0this%20uncertainty (last visited May 4, 2023).
25
Rigby v. Liles, 505 So. 2d 598 (Fla. 1st DCA 1987).
26
Kelner v. Woody, 399 So. 2d 35 (Fla. 3d DCA 1981); So. Riverwalk Invs., LLC v. City of Ft. Lauderdale, 934 So. 2d 620 (Fla. 4th
DCA 2006).
STORAGE NAME: h1419z.DOCX PAGE: 5
DATE: 5/4/2023
Available Protections for Third-Party Purchasers
Title Search
A title search is an in-depth examination of a property’s history, including the public records pertaining
to the property, typically conducted by a real estate attorney or title agent (“title examiner”) before a
property’s sale to determine who holds title to or has an interest in the property and whether any claims
or encumbrances might affect the transfer of ownership.
27
After the examination concludes, the title
examiner will issue a title report disclosing his or her findings.
Lenders issuing mortgage loans to real property buyers generally require a title search before closing to
protect their investment, as will title agencies issuing title insurance. However, Florida law does not
otherwise require a title search, and a buyer who does not have such a search performed runs the risk
of purchasing property with clouds on the title, or property that is the subject of title fraud. Thus, a
person wishing to buy property, even if purchasing with cash or a privately-sourced loan, may benefit
from having a title search performed in case the sale stems from discoverable title fraud.
Title Insurance
Title insurance is a product provided by a title agency which insures a real property buyer (an “owner’s
policy”) or a lender granting a mortgage loan to the buyer secured by the real property (a “lender’s
policy”) against losses arising out of defective titles and the existence of other legal claims against
title.
28
An owner’s policy, which is purchased through a one-time premium payment at closing, does not
expire; rather, it remains in effect for as long as the insured or any of his or her heirs owns the subject
property.
29
Similarly, a lender’s policy is purchased through a one-time premium payment at closing but
expires when the mortgage loan is paid in full.
30
A federally-insured lender generally requires the buyer to purchase a lender’s policy; thus, a buyer can
rarely obtain a mortgage loan without purchasing such a policy. However, Florida law does not require
that a buyer purchase an owner’s policy. A buyer who does not purchase such insurance runs the risk
of losing his or her investment if title defects or title fraud are discovered. Thus, a person wishing to buy
property may benefit from purchasing an owner’s policy to protect himself or herself in the event title
fraud is uncovered and the property’s title is restored to its true owner.
Available Criminal Penalties
Florida law provides certain criminal penalties which may apply to title fraud.
31
The State may bring
such claims where the fraudster is apprehended.
Unlawful Filing of False Documents
Florida law provides that a person who files or directs another to file, with the intent to defraud or
harass another, any instrument containing a materially false, fictitious, or fraudulent statement or
representation that purports to affect an owner’s interest in the property described in the instrument
commits a third-degree felony.
32
A person who commits such a violation a second or subsequent time
27
The title examiner will look for liens and encumbrances on the property, any evidence of title fraud, and other clouds on title that may
prevent or limit the title’s transfer to the buyer.
28
Ss. 627.7711-627.798, F.S.; Florida Office of Insurance Regulation, Title Insurance,
https://www.floir.com/sections/pandc/title/default.aspx#:~:text=Title%20insurance%20insures%20owners%20of,similar%20coverage%2
0regarding%20personal%20property (last visited May 4, 2023).
29
Florida Department of Financial Services, Title Insurance Overview, https://www.myfloridacfo.com/division/consumers/understanding-
insurance/title-insurance-overview (last visited May 4, 2023).
30
Id.
31
This is not an exhaustive list of criminal charges which may apply.
32
A third-degree felony is punishable by up to a $5,000 fine and a term of imprisonment not exceeding five years. Ss. 775.082,
775.083, and 817.535(2)(a), F.S.
STORAGE NAME: h1419z.DOCX PAGE: 6
DATE: 5/4/2023
commits a second-degree felony.
33
Further, if the property owner suffers a financial loss due to the
unlawful filing, including costs and attorney fees incurred in correcting, sealing, or removing the false
instrument from the official records, the offense is reclassified as follows:
A third-degree felony becomes a second-degree felony; and
A second-degree felony becomes a first-degree felony.
34
Grand Theft
A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the
property of another with the intent to, either temporarily or permanently:
Deprive the other person of a right to or a benefit from the property; or
Appropriate the property to his or her own use to the use of any person not entitled to the
property’s use.
35
If the property stolen is valued at:
$750 or more but less than $20,000, the offender commits third-degree grand theft, punishable
as a third-degree felony.
36
$20,000 or more but less than $100,000, the offender commits second-degree grand theft,
punishable as a second-degree felony.
37
$100,000 or more, the offender commits first-degree grand theft, punishable as a first-degree
felony.
38
Scheme to Defraud
A person who engages in a systematic, ongoing course of conduct with intent to defraud one or more
persons, or with intent to obtain property from one or more persons by false or fraudulent pretenses,
and who thereby obtains property, commits a “scheme to defraud,” punishable as a:
Third-degree felony if the amount of the property obtained has an aggregate value of less than
$20,000.
39
Second-degree felony if the amount of the property obtained has an aggregate value of at least
$20,000 but less than $50,000.
40
First-degree felony if the amount of property obtained has an aggregate value of $50,000 or
more.
41
33
A second-degree felony is punishable by up to a $10,000 fine and a term of imprisonment not exceeding 15 years. Ss. 775.082,
775.083, and 817.535(2)(b), F.S.
34
A first-degree felony is punishable by up to a $10,000 fine and a term of imprisonment not exceeding 30 years, or, where provided by
statute, by up to a $15,000 fine and a term of imprisonment not exceeding life imprisonment. Ss. 775.082, 775.083, and 817.535(5),
F.S.
35
S. 812.14(1), F.S.
36
S. 812.014(2)(c), F.S.
37
S. 812.014(2)(b), F.S.
38
S. 812.014(2)(a), F.S.
39
S. 817.034(4)(a)3., F.S.
40
S. 817.034(4)(a)2., F.S.
41
S. 817.034(4)(a)1., F.S.
STORAGE NAME: h1419z.DOCX PAGE: 7
DATE: 5/4/2023
Identity Theft
A person who willfully and without authorization fraudulently uses another’s personal identification
information commits a third-degree felony.
42
However, if the fraudster’s pecuniary benefit, the victim’s
injury, or the fraud perpetrated amounts to:
At least $5,000 but less than $50,000, the offender commits a second-degree felony.
43
$50,000 or more, the offender commits a first-degree felony.
44
Effect of the Bill
Recording Notification Service
The bill creates s. 28.47, F.S. to require the clerks of the circuit court to, on or before July 1, 2024,
create, maintain, and operate a free recording notification service, open to all persons wishing to
register for the service, to provide property owners with early notice that a land record has been filed on
their property. Under the bill:
“Recording notification service” means a service which sends automated recording notifications.
“Recording notification” means a notification sent by electronic mail indicating to a registrant that
a land record associated with the registrant’s monitored identity has been recorded in the
county’s public records.
“Registrant” means a person who registers for a recording notification service.
“Land record” means a deed, mortgage, or other document purporting to convey or encumber
real property.
“Monitored identity” means a personal or business name or a parcel identification number
submitted by a registrant for monitoring under a recording notification service.
Registration for the recording notification service must be made possible through an electronic
registration portal, which portal must:
Be accessible through a direct link on the home page of the clerk’s official public website;
Allow a registrant to subscribe to receive recording notifications for at least five monitored
identities per valid electronic mail address provided;
Include a method by which a registrant may unsubscribe from the service;
List a phone number at which the clerk’s office may be reached for questions related to the
service during normal business hours; and
Send an automated electronic mail message to a registrant confirming his or her successful
registration for or action to unsubscribe from the service, which message must identify each
monitored identity for which a subscription was received or canceled.
Further, when a land record is recorded for a monitored identity, the bill requires that a recording
notification be sent within 24 hours of the recording to each registrant who is subscribed to receive
recording notifications for that monitored identity. Such notification must contain:
Information identifying the monitored identity for which the land record was filed;
The land record’s recording date;
The official records book and page number or instrument number assigned to the land record by
the clerk;
Instructions for electronically searching for and viewing the land record using the assigned
official record book and page number or instrument number; and
A phone number at which the clerk’s office may be contacted during normal business hours with
questions related to the recording notification.
42
S. 775.082(2)(a), F.S.
43
Florida law sets a mandatory minimum sentence of 3 years’ imprisonment for this offense. S. 775.082(2)(b), F.S.
44
Florida law sets a mandatory minimum sentence of 5 years’ imprisonment for this offense for amounts of at least $50,000 but less
than $100,000 and of 10 years’ imprisonment for amounts of at least $100,000. S. 775.082(2)(c), F.S.
STORAGE NAME: h1419z.DOCX PAGE: 8
DATE: 5/4/2023
Finally, the bill provides that:
There is no right or cause of action against, and no civil liability on the part of, the clerk with
respect to the creation, maintenance, or operation of a recording notification service.
Nothing in this section may be construed to require the clerk to provide or allow access to a
record or information which is confidential and exempt from s. 119.071 and s. 24(a), Art. I of the
State Constitution or to otherwise violate Florida’s public record laws.
This section applies to county property appraisers that have adopted an electronic land record
notification service before the bill’s effective date, but where a land record is recorded for a
monitored identity, notice through the property appraiser’s service must be sent within 24 hours
of the instrument being reflected on the county tax roll by the property appraiser.
Quiet Title Actions
The bill creates s. 65.091, F.S., to expressly state than an action to quiet title based on a title fraud
allegation may be maintained under chapter 65, F.S. Further, the bill:
Requires the clerks of the circuit court to provide a simplified form for the filing of a quiet title
action based on a title fraud allegation and instructions for completing such form.
Entitles a petitioner bringing a quiet title action based on a title fraud allegation to the expedited
summary procedure timeframes set out in s. 51.011, F.S.
45
Requires a court hearing a quiet title action to quiet title in and award a prevailing plaintiff with
the same title and rights to the land that the plaintiff enjoyed before the title fraud.
Quitclaim Deed
The bill creates s. 689.025, F.S., to prescribe a statutory form for quitclaim deeds. Specifically, the bill
provides that a quitclaim deed must be in substantially the following form:
This Quitclaim Deed, executed this (date) day of (month, year) by first party, Grantor
(name), whose post-office address is (address), to second party, Grantee (name),
whose post-office address is (address).
Witnesseth, that the said first party, for the sum of $(amount), and other good and
valuable consideration paid by the second party, the receipt whereof is hereby
acknowledged, does hereby remise, release, and quitclaim unto the said second
party forever, all the right, title, interest, claim, and demand which the said first party
has in and to the following descried parcel of land, and all improvements and
appurtenances thereto, in (county), Florida:
(Legal description)
45
Under summary procedure, many court timelines and procedures are condensed.
STORAGE NAME: h1419z.DOCX PAGE: 9
DATE: 5/4/2023
The bill also requires that a quitclaim deed include:
The legal description of the property the instrument purports to convey, or in which the deed
purports to convey an interest, which description must be legibly printed, typewritten, or
stamped on the document.
A blank space for the parcel identification number assigned to the property the instrument
purports to convey, or in which the deed purports to convey an interest, which number, if
available, must be entered on the deed before it is presented for recording.
However, the bill provides that the:
Failure to include such blank space for the parcel identification number does not affect the
conveyance’s validity or the deed’s recordability.
Parcel identification number is not part of the property’s legal description otherwise set forth in
the deed and may not be used as a substitute for the legal description.
Recording Real Property Conveyances
The bill amends s. 695.26, F.S., to require that the post-office address of each witness to an instrument
purporting to convey real property be legibly printed, typewritten, or stamped upon such instrument.
Pilot Program
The bill creates the Title Fraud Prevention Through Identity Verification Pilot Program (“Pilot Program”)
in s. 28.2225, F.S., for a period of two calendar years. Under the Pilot Program, the clerk of the circuit
court for Lee County, Florida (“clerk”), may require that a person presenting a deed or other instrument
purporting to convey real property or an interest therein for recording produce a government-issued
photographic identification card as follows:
When the person presents the deed or qualifying instrument to the clerk for recording in person,
the clerk may require the person to produce a government-issued photographic identification
card for inspection by the clerk before recording the deed or instrument. The clerk must then
record the name and address of such person, as this information appears on the identification
card, in a record to be kept by the clerk, along with the official records book and page number or
instrument number of the deed or instrument ultimately recorded in connection to the production
of the identification card. Such a record may not be made available for viewing on the clerk’s
official public website but must be made available for public inspection and copying as required
by Florida’s public records laws.
When the person presents the deed or qualifying instrument to the clerk for recording through
an electronic recording service, the clerk may require the person to also submit a photocopy of
a government-issued photographic identification card to the clerk before recording the deed or
instrument. The clerk must note on the photocopy the official records book and page number or
instrument number assigned to the deed or instrument ultimately recorded in connection to the
submission of the photocopy and retain the photocopy in a record kept by the clerk. Such a
record may not be made available for viewing on the clerk’s official public website but must be
made available for public inspection and copying as required by Florida’s public records laws.
However, the person submitting the photocopy may redact from the photocopy prior to its
submission all information he or she does not wish to be made public, except for his or her
name, address, and photograph.
Further, under the Pilot Program, the clerk may refuse to record a deed or qualifying instrument if the
clerk requires the production of an identification card as specified in the bill and the person presenting
such deed or instrument for recording does not produce the requested identification card.
STORAGE NAME: h1419z.DOCX PAGE: 10
DATE: 5/4/2023
The bill provides that, if the clerk chooses to participate in the Pilot Program, the clerk must:
Provide notice of the identification card requirement on the clerk’s official public website.
Require the production of an identification card from all persons presenting a deed or qualifying
instrument for recording, whether in person or through an electronic recording notification
service, until such time as the clerk:
o Chooses to cease participating in the Pilot Program; and
o Provides notice that the production of an identification card is no longer required on the
clerk’s official public website.
By December 31, 2025, provide a report containing the following information to the Governor,
the President of the Senate, and the Speaker of the House of Representatives:
o The number of persons who presented a deed or qualifying instrument for recording:
In person.
Through an electronic recording notification service.
o The types of identification cards produced in connection with the presentation of deeds
or other qualifying instruments for recording, and the number of each type.
o Feedback received from the community, if any, in response to the clerk’s
implementation of the Pilot Program.
o Whether the Pilot Program led to the identification of any persons suspected or accused
of fraudulently conveying, or attempting to fraudulently convey, real property, and the
outcome of any criminal charges or civil actions brought against such persons.
o The clerk’s recommendation as to whether the production of a government-issued
photographic identification card in connection with the presentation of a deed or other
instrument for recording is appropriate to require throughout the state.
o Any other information the clerk deems necessary.
The bill provides that nothing in s. 28.2225, F.S., may be construed to require the clerk to provide or
allow access to a record or information which is confidential and exempt from s. 119.07(1), F.S., and s.
24(a), Art. I of the State Constitution or to otherwise violate Florida’s public records laws.
Effective Date
Subject to the Governor’s veto powers, the effective date of the bill is July 1, 2023, except that the
amendments made by the bill to s. 695.26, F.S., have an effective date of January 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
STORAGE NAME: h1419z.DOCX PAGE: 11
DATE: 5/4/2023
The bill may have an indeterminate fiscal impact on local governments where the clerk of the circuit
court for a particular county does not already maintain and operate the recording notification service
required by the bill.
C. DIRECT ECONOMIC IMPACT ON P RIVATE SECTOR:
The bill may have a positive economic impact on the private sector to the extent that it reduces title
fraud in the state.
D. FISCAL COMMENTS:
None.