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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
1
An act relating to real property fraud; creating s. 2
28.2225, F.S.; creating the Title Fraud Prevention 3
Through Identity Verification Pilot Program in Lee 4
County; authorizing the clerk of the circuit court for 5
Lee County to require the production of a government -6
issued photographic identification card before 7
recording a deed or other instrument in specified 8
circumstances and providing requirements therefor; 9
providing requirements for the clerk, including 10
submitting a certain report to the Governor and 11
Legislature by a specified date; providing that the 12
clerk is not required to allow access to a record or 13
other information that is confidential and exempt; 14
providing for prospective repeal; creating s. 28.47, 15
F.S.; requiring the clerk to create, maintain, and 16
operate an opt-in recording notification service; 17
providing definitions; requiring the clerk to ensure 18
that registration for such service is possible throug h 19
an electronic registration portal; providing portal 20
and notification requirements; providing immunity from 21
liability for the clerk; providing construction; 22
providing applicability for certain property 23
appraisers; creating s. 65.091, F.S.; providing that 24
an action may be brought under ch. 65, F.S., to quiet 25
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title after a fraudulent attempted conveyance; 26
requiring the court to quiet title and award certain 27
title and rights under certain circumstances; 28
requiring the clerk to provide a simplified complaint 29
form; creating s. 689.025, F.S.; requiring a quitclaim 30
deed to be in a specified form; amending s. 695.26, 31
F.S.; revising requirements for recording instruments 32
affecting real property; providing effective dates. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. Section 28.2225, Florida Statutes, is created 37
to read: 38
28.2225 Title fraud prevention through identity 39
verification; pilot program. -There is created in Lee County the 40
Title Fraud Prevention Through Identity Verification Pilot 41
Program. 42
(1) As used in this section, the term "clerk" means the 43
clerk of the circuit court for Lee County. 44
(2) Notwithstanding any other provision to the contrary in 45
this chapter, when a deed or other instrument purporting to 46
convey real property or an interest therein is presented to the 47
clerk for recording, the clerk may require the person presenting 48
the deed or other instrument to produce a government -issued 49
photographic identification card as follows: 50
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(a) If a person presents a deed or othe r instrument 51
purporting to convey real property or an interest therein to the 52
clerk for recording in person, the clerk may require the person 53
to produce a government -issued photographic identification card 54
for inspection by the clerk before recording the d eed or other 55
instrument. The clerk must record the name and address of such 56
person, as the information appears on the identification card, 57
in a record to be kept by the clerk, along with the official 58
records book and page number or instrument number of the deed or 59
other instrument recorded in connection to the production of the 60
identification card. Such a record may not be made available for 61
viewing on the clerk's official public website but shall be made 62
available for public inspection and copying as requi red by the 63
public records laws of this state. 64
(b) If a person presents a deed or other instrument 65
purporting to convey real property or an interest therein to the 66
clerk for recording through an electronic recording service, the 67
clerk may require the pers on to submit a photocopy of a 68
government-issued photographic identification card before 69
recording the deed or other instrument. The clerk must note on 70
the photocopy of the identification card the official records 71
book and page number or instrument number a ssigned to the deed 72
or other instrument recorded in connection to the submission of 73
the photocopy of the identification card and retain the 74
photocopy of such identification card in a record to be kept by 75
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the clerk. Such a record may not be made available f or viewing 76
on the clerk's official public website but shall be made 77
available for public inspection and copying as required by the 78
public records laws of this state. However, a person who submits 79
a photocopy of his or her identification card under this 80
paragraph may redact from the photocopy of such identification 81
card before submission all of the information he or she does not 82
wish to be made public, except for his or her name, address, and 83
photograph. 84
85
The clerk may refuse to record a deed or other instr ument 86
purporting to convey real property or an interest therein when 87
the clerk requires the production of a government -issued 88
photographic identification card as specified in this subsection 89
and the person presenting the deed or other instrument for 90
recording does not produce the requested identification card in 91
compliance with this subsection. 92
(3) A clerk who participates in the pilot program must: 93
(a) Provide notice of the government -issued photographic 94
identification card requirement on the clerk's o fficial public 95
website. 96
(b) Require the production of a government -issued 97
photographic identification card from all persons presenting a 98
deed or other qualifying instrument for recording, whether in 99
person or through an electronic recording service, unti l the 100
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clerk no longer participates in the pilot program and provides 101
notice that the production of such an identification card is no 102
longer required on the clerk's official public website. 103
(c) By December 31, 2025, submit a report containing the 104
following information to the Governor, the President of the 105
Senate, and the Speaker of the House of Representatives: 106
1. The number of persons who presented a deed or other 107
qualifying instrument for recording: 108
a. In person. 109
b. Through an electronic recording service. 110
2. The types of identification cards produced in 111
connection with the presentation of deeds or other qualifying 112
instruments for recording, and the number of each type. 113
3. Feedback received from the community, if any, in 114
response to the clerk's participation in the pilot program. 115
4. Whether the pilot program led to the identification of 116
any persons suspected or accused of fraudulently conveying, or 117
attempting to fraudulently convey, real property, and the 118
outcome of any criminal charges or civi l actions brought against 119
such persons. 120
5. The clerk's recommendation as to whether the production 121
of a government-issued photographic identification card in 122
connection with the presentation of a deed or other instrument 123
for recording is appropriate to r equire throughout this state. 124
6. Any other information the clerk deems necessary. 125
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(4) This section does not require the clerk to provide or 126
allow access to a record or other information that is 127
confidential and exempt from s. 119.07(1) and s. 24(a), Ar t. I 128
of the State Constitution or to otherwise violate the public 129
records laws of this state. 130
(5) This section is repealed on July 1, 2025. 131
Section 2. Section 28.47, Florida Statutes, is created to 132
read: 133
28.47 Recording notification service. — 134
(1) On or before July 1, 2024, each clerk of the circuit 135
court must create, maintain, and operate a free recording 136
notification service which is open to all persons wishing to 137
register for the service. For purposes of this section, the 138
term: 139
(a) "Land record" means a deed, mortgage, or other 140
document purporting to convey or encumber real property. 141
(b) "Monitored identity" means a personal or business name 142
or a parcel identification number submitted by a registrant for 143
monitoring under a recording notificat ion service. 144
(c) "Recording notification" means a notification sent by 145
electronic mail indicating to a registrant that a land record 146
associated with the registrant's monitored identity has been 147
recorded in the public records of the county. 148
(d) "Recording notification service" means a service which 149
sends automated recording notifications. 150
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(e) "Registrant" means a person who registers for a 151
recording notification service. 152
(2) The clerk must ensure that registration for the 153
recording notification ser vice is possible through an electronic 154
registration portal, which portal must: 155
(a) Be accessible through a direct link on the clerk's 156
official public website; 157
(b) Allow a registrant to subscribe to receive recording 158
notifications for at least five mon itored identities per valid 159
electronic mail address provided; 160
(c) Include a method by which a registrant may unsubscribe 161
from the service; 162
(d) List a phone number at which the clerk's office may be 163
contacted during normal business hours with questions related to 164
the service; and 165
(e) Send an automated electronic mail message to a 166
registrant confirming his or her successful registration for or 167
action to unsubscribe from the service, which message must 168
identify each monitored identity for which a subscr iption was 169
received or canceled. 170
(3) When a land record is recorded for a monitored 171
identity, a recording notification must be sent within 24 hours 172
after the recording to each registrant who is subscribed to 173
receive recording notifications for that monit ored identity. 174
Such notification must contain, at a minimum: 175
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(a) Information identifying the monitored identity for 176
which the land record was filed; 177
(b) The land record's recording date; 178
(c) The official record book and page number or instrument 179
number assigned to the land record by the clerk; 180
(d) Instructions for electronically searching for and 181
viewing the land record using the assigned official record book 182
and page number or instrument number; and 183
(e) A phone number at which the clerk's office may be 184
contacted during normal business hours with questions related to 185
the recording notification. 186
(4) There is no right or cause of action against, and no 187
civil liability on the part of, the clerk with re spect to the 188
creation, maintenance, or operation of a recording notification 189
service as required by this section. 190
(5) Nothing in this section may be construed to require 191
the clerk to provide or allow access to a record or information 192
which is confidentia l and exempt from s. 119.07(1) and s. 24(a), 193
Art. I of the State Constitution or to otherwise violate the 194
public records laws of this state. 195
(6) This section also applies to county property 196
appraisers who have adopted an electronic land record 197
notification service before July 1, 2023. 198
(a) The property appraiser may use a verification process 199
for persons wishing to register for the electronic land record 200
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notification service to ensure integrity of the process. 201
(b) For purposes of this subsection only, and 202
notwithstanding paragraph (1)(a) and subsection (3): 203
1. "Land record" means a deed or other document purporting 204
to convey real property. 205
2. When a land record is recorded for a monitored 206
identity, the property appraiser must send a recording 207
notification to each registrant who is subscribed to receive 208
recording notifications for that monitored identity within 24 209
hours after the instrument being reflected on the county tax 210
roll. 211
Section 3. Section 65.091, Florida Statutes, is created to 212
read: 213
65.091 Quieting title; fraudulent conveyances. — 214
(1) An action to quiet title based on a fraudulent 215
attempted conveyance allegation may be maintained under this 216
chapter, and this remedy is cumulative to other existing 217
remedies. A petitioner bringing an act ion to quiet title based 218
on such allegations is entitled to summary procedure under s. 219
51.011, and the court shall advance the cause on the calendar. 220
(2) In an action to quiet title, when the court determines 221
that an attempt was made to fraudulently con vey the land at 222
issue away from a plaintiff who had legal title to the land 223
before the conveyance, the court must quiet title in and award 224
the plaintiff with the same title and rights to the land that 225
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the plaintiff enjoyed before the attempted conveyance. 226
(3) The clerk of the circuit court must provide a 227
simplified form for the filing of a complaint to quiet title 228
based on a fraudulent attempted conveyance allegation and 229
instructions for completing such form. 230
Section 4. Section 689.025, Florida Statu tes, is created 231
to read: 232
689.025 Form of quitclaim deed prescribed. -A quitclaim 233
deed of conveyance to real property or an interest therein must: 234
(1) Be in substantially the following form: 235
236
This Quitclaim Deed, executed this (date) day of (month, year) , 237
by first party, Grantor (name), whose post office address is 238
(address), to second party, Grantee (name), whose post office 239
address is (address). 240
241
Witnesseth, that the said first party, for the sum of $(amount), 242
and other good and valuable consideration p aid by the second 243
party, the receipt whereof is hereby acknowledged, does hereby 244
remise, release, and quitclaim unto the said second party 245
forever, all the right, title, interest, claim, and demand which 246
the said first party has in and to the following des cribed 247
parcel of land, and all improvements and appurtenances thereto, 248
in (county), Florida: 249
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(Legal description) 251
252
(2) Include the legal description of the real property the 253
instrument purports to convey, or in which the instrument 254
purports to convey an interest, which description must be 255
legibly printed, typewritten, or stamped thereon. 256
(3) Include a blank space for the parcel identification 257
number assigned to the real property the instrument purports to 258
convey, or in which the instrument purports to convey an 259
interest, which number, if available, must be entered on the 260
deed before it is presented for recording. The failure to 261
include such blank space or the parcel identification number 262
does not affect the validity of the conveyance or the 263
recordability of the deed. Such parcel identification number is 264
not a part of the legal description of the property otherwise 265
set forth in the instrument and may not be used as a substitute 266
for the legal description required by this section. 267
Section 5. Effective J anuary 1, 2024, paragraph (c) of 268
subsection (1) of section 695.26, Florida Statutes, is amended 269
to read: 270
695.26 Requirements for recording instruments affecting 271
real property.— 272
(1) No instrument by which the title to real property or 273
any interest therein is conveyed, assigned, encumbered, or 274
otherwise disposed of shall be recorded by the clerk of the 275
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circuit court unless: 276
(c) The name of each witness to the instrument is legibly 277
printed, typewritten, or stamped upon such instrument 278
immediately beneath the signature of such witness and the post 279
office address of each such person is legibly printed, 280
typewritten, or stamped upon such instrument ; 281
Section 6. Except as otherwise expressly provided in this 282
act, this act shall take effect July 1, 2023. 283