Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1436
Ì1232689Î123268
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/29/2023 .
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The Committee on Judiciary (Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 28.47, Florida Statutes, is created to
6 read:
7 28.47 Recording notification service.—
8 (1) On or before July 1, 2024, each clerk of the circuit
9 court must create, maintain, and operate a free recording
10 notification service which is open to all persons wishing to
11 register for the service. For purposes of this section, the
12 term:
13 (a) “Land record” means a deed, mortgage, or other document
14 purporting to convey or encumber real property.
15 (b) “Monitored identity” means a personal or business name
16 or a parcel identification number submitted by a registrant for
17 monitoring under a recording notification service.
18 (c) “Recording notification” means a notification sent by
19 electronic mail indicating to a registrant that a land record
20 associated with the registrant’s monitored identity has been
21 recorded in the public records of the county.
22 (d) “Recording notification service” means a service which
23 sends automated recording notifications.
24 (e) “Registrant” means a person who registers for a
25 recording notification service.
26 (2) The clerk must ensure that registration for the
27 recording notification service is possible through an electronic
28 registration portal, which portal must:
29 (a) Be accessible through a direct link on the home page of
30 the clerk’s official public website;
31 (b) Allow a registrant to subscribe to receive recording
32 notifications for at least five monitored identities per valid
33 electronic mail address provided;
34 (c) Include a method by which a registrant may unsubscribe
35 from the service;
36 (d) List a phone number at which the clerk’s office may be
37 contacted during normal business hours with questions related to
38 the service; and
39 (e) Send an automated electronic mail message to a
40 registrant confirming his or her successful registration for or
41 action to unsubscribe from the service, which message must
42 identify each monitored identity for which a subscription was
43 received or canceled.
44 (3) When a land record is recorded for a monitored
45 identity, a recording notification must be sent within 24 hours
46 after the recording to each registrant who is subscribed to
47 receive recording notifications for that monitored identity.
48 Such notification must contain, at a minimum:
49 (a) Information identifying the monitored identity for
50 which the land record was filed;
51 (b) The land record’s recording date;
52 (c) The official record book and page number or instrument
53 number assigned to the land record by the clerk;
54 (d) Instructions for electronically searching for and
55 viewing the land record using the assigned official record book
56 and page number or instrument number; and
57 (e) A phone number at which the clerk’s office may be
58 contacted during normal business hours with questions related to
59 the recording notification.
60 (4) There is no right or cause of action against, and no
61 civil liability on the part of, the clerk with respect to the
62 creation, maintenance, or operation of a recording notification
63 service as required by this section.
64 (5) Nothing in this section may be construed to require the
65 clerk to provide or allow access to a record or information
66 which is confidential and exempt from s. 119.07(1) and s. 24(a),
67 Art. I of the State Constitution or to otherwise violate the
68 public records laws of this state.
69 (6) This section shall also apply to county property
70 appraisers that adopt an electronic land record notification
71 service.
72 (a) The property appraiser may adopt a verification process
73 for persons wishing to register for the electronic land records
74 notification service to ensure integrity of the process.
75 (b) For purposes of this subsection only, and
76 notwithstanding the provisions in paragraph (1)(a) and
77 subsection (3):
78 (i) “Land record” means a deed or other document,
79 purporting to convey real property.
80 (ii) When a land record is recorded for a monitored
81 identity, a recording notification must be sent to each
82 registrant who is subscribed to receive recording notifications
83 for that monitored identity within 24 hours of the instrument
84 being reflected on the county tax roll by the property
85 appraiser.
86 Section 2. Section 65.091, Florida Statutes, is created to
87 read:
88 65.091 Quieting title; fraudulent conveyances.—
89 (1) An action to quiet title based on a fraudulent
90 attempted conveyance allegation may be maintained under this
91 chapter, and this remedy is cumulative to other existing
92 remedies. A petitioner bringing an action to quiet title based
93 on such allegations is entitled to summary procedure under s.
94 51.011, and the court shall advance the cause on the calendar.
95 (2) In an action to quiet title, when the court determines
96 that an attempt was made to fraudulently convey the land at
97 issue away from a plaintiff who had legal title to the land
98 before the conveyance, the court must quiet title in and award
99 the plaintiff with the same title and rights to the land that
100 the plaintiff enjoyed before the attempted conveyance.
101 (3) The clerk of the circuit court must provide a
102 simplified form for the filing of a complaint to quiet title
103 based on a fraudulent attempted conveyance allegation and
104 instructions for completing such form.
105 Section 3. Section 475.5025, Florida Statutes, is created
106 to read:
107 475.5025 Fraud prevention notice on listing.-
108 (1)(a) To help prevent real estate fraud and identity
109 theft, within 5 business days after entering into a brokerage
110 relationship with the potential seller of property, the real
111 estate licensee must cause a notice to be sent by first-class
112 mail to the potential seller at the mailing address of the owner
113 shown in the online records of the tax collector. Such notice
114 must be in substantially the following form:
115
116 (Brokerage letterhead)
117
118 To help prevent real estate fraud and identity theft, the State
119 of Florida requires us to notify you that (name of real estate
120 broker) has been engaged by (potential seller) to market and
121 sell the property at (address, city, and state). If you believe
122 this is in error, please notify us immediately at (phone number
123 and e-mail).
124
125 The notice may include a letter thanking the potential seller
126 for the listing and such other additional information as the
127 licensee may deem appropriate.
128 (b) When the records of the tax collector show a different
129 owner of the property in the preceding year’s tax bill, the real
130 estate licensee must, within 5 business days after entering into
131 a brokerage relationship with the potential seller of property,
132 additionally cause a notice to be sent by first-class mail to
133 the prior owner at the mailing address of the prior owner shown
134 in the online records of the tax collector. Such notice must be
135 in substantially the following form:
136
137 (Brokerage letterhead)
138
139 To help prevent real estate fraud and identity theft, the State
140 of Florida requires us to notify you that (name of real estate
141 broker) has been engaged by (potential seller) to market and
142 sell the property you formerly owned at (address, city, and
143 state). If you believe this is in error, or still claim an
144 interest in this property, please notify us immediately at
145 (phone number and e-mail).
146
147 (2)(a) Failure to comply with this section does not impair
148 the validity or enforceability of any listing agreement,
149 purchase and sale agreement, deed, mortgage, or other instrument
150 or agreement made or delivered in connection with a real estate
151 sale transaction.
152 (b) A real estate licensee has no liability to the actual
153 or claimed owner of a property or a putative purchaser thereof
154 solely because of his or her failure to comply with this
155 section. However, any such noncompliance may be introduced as
156 evidence to establish violations of this chapter or as an
157 indication of possible fraud, forgery, impersonation, duress,
158 incapacity, undue influence, illegality, or unconscionability,
159 or for other evidentiary purposes.
160 (c) The failure of the actual property owner to respond to
161 the mailing does not preclude or limit the ability of such owner
162 to establish possible fraud, forgery, impersonation, duress,
163 incapacity, undue influence, minority, illegality, or
164 unconscionability, or any other challenges or defenses to any
165 real estate transaction, or to limit such owner’s remedy in any
166 quiet title or declaratory judgment action.
167 Section 4. Subsection (3) is added to section 626.8411,
168 Florida Statutes, to read:
169 626.8411 Application of Florida Insurance Code provisions
170 to title insurance agents or agencies.—
171 (3) Section 627.799 applies to title insurance agents and
172 agencies and to title insurers only to the extent any of the
173 foregoing are actually engaged in providing closing services for
174 a particular transaction.
175 Section 5. Section 627.799, Florida Statutes, is created to
176 read:
177 627.799 Fraud prevention notice upon opening order.-
178 (1)(a) To help prevent real estate fraud and identity
179 theft, within 5 business days after opening an order to ensure a
180 sale of real property or refinance of a mortgage encumbering
181 real property, the party scheduled to provide closing services
182 must cause a notice to be sent by first-class mail to the seller
183 or borrower at the mailing address of the owner shown in the
184 online records of the tax collector. Such notice must be in
185 substantially the following form:
186
187 (Letterhead of closing service provider)
188
189 To help prevent real estate fraud and identity theft, the State
190 of Florida requires us to notify you that (name of closing
191 service provider) has been engaged to (handle the sale of)
192 (coordinate the closing of a mortgage in favor of (name of
193 lender) secured by) the property located at (address, city, and
194 state). If you believe this is in error, please notify us
195 immediately at (phone number and e-mail).
196
197 The mailing may include a letter thanking the seller or borrower
198 for selecting the sender and such other additional information
199 as the sender may deem appropriate.
200 (b) When the records of the tax collector show a different
201 owner of the property in the preceding year’s tax bill, the
202 party to provide closing services must, within 5 business days
203 after opening an order to ensure a sale of real property or
204 refinance of a mortgage encumbering real property, additionally
205 cause a notice to be mailed by first-class mail to the prior
206 owner at the mailing address of the prior owner shown in the
207 online records of the tax collector, which notice must be in
208 substantially the following form:
209
210 (Letterhead of closing service provider)
211
212 To help prevent real estate fraud and identity theft, the State
213 of Florida requires us to notify you that (name of closing
214 service provider) has been engaged to (handle the sale of
215 property) (coordinate the closing of a mortgage against
216 property) you formerly owned at (address, city, and state). If
217 you believe this is in error, or still claim an interest in this
218 property, please notify us immediately at (phone number and e
219 mail).
220
221 (c) Separate notice is not required to a borrower who is
222 acquiring the property and placing the mortgage in the same
223 closing.
224 (2)(a) Failure to comply with this section does not impair
225 the validity or enforceability of any escrow instructions,
226 purchase and sale agreement, deed, mortgage, or other instrument
227 or agreement made or delivered in connection with a real estate
228 transaction.
229 (b) The closing service provider does not have any
230 liability to the actual or claimed owner of a property or a
231 putative purchaser thereof solely because of the failure to
232 comply with this section. However, any noncompliance may be
233 introduced as evidence to establish violations of this chapter
234 or as an indication of possible fraud, forgery, impersonation,
235 duress, incapacity, undue influence, illegality, or
236 unconscionability, or for other evidentiary purposes.
237 (c) The failure of the actual property owner to respond to
238 the mailing does not preclude or limit the ability of such owner
239 to establish possible fraud, forgery, impersonation, duress,
240 incapacity, undue influence, minority, illegality, or
241 unconscionability or any other challenges or defenses to any
242 real estate transaction, or to limit such owner’s remedy in any
243 quiet title or declaratory judgment action.
244 (d) This section does not alter or limit the obligations of
245 the title insurer under any title insurance policy issued in
246 connection with a real estate transaction.
247 Section 6. Section 689.025, Florida Statutes, is created to
248 read:
249 689.025 Form of quitclaim deed prescribed.-A quitclaim deed
250 of conveyance to real property or an interest therein must:
251 (1) Be in substantially the following form:
252
253 This Quitclaim Deed, executed this (date) day of (month, year),
254 by first party, Grantor (name), whose post-office address is
255 (address), to second party, Grantee (name), whose post-office
256 address is (address).
257
258 Witnesseth, that the said first party, for the sum of $(amount),
259 and other good and valuable consideration paid by the second
260 party, the receipt whereof is hereby acknowledged, does hereby
261 remise, release, and quitclaim unto the said second party
262 forever, all the right, title, interest, claim, and demand which
263 the said first party has in and to the following described
264 parcel of land, and all improvements and appurtenances thereto,
265 in (county), Florida:
266
267 (Legal description)
268
269 (2) Include the legal description of the real property the
270 instrument purports to convey, or in which the instrument
271 purports to convey an interest, which description must be
272 legibly printed, typewritten, or stamped thereon.
273 (3) Include a blank space for the parcel identification
274 number assigned to the real property the instrument purports to
275 convey, or in which the instrument purports to convey an
276 interest, which number, if available, must be entered on the
277 deed before it is presented for recording. The failure to
278 include such blank space or the parcel identification number
279 does not affect the validity of the conveyance or the
280 recordability of the deed. Such parcel identification number is
281 not a part of the legal description of the property otherwise
282 set forth in the instrument and may not be used as a substitute
283 for the legal description required by this section.
284 Section 7. Paragraph (c) of subsection (1) of section
285 695.26, Florida Statutes, is amended to read:
286 695.26 Requirements for recording instruments affecting
287 real property.—
288 (1) No instrument by which the title to real property or
289 any interest therein is conveyed, assigned, encumbered, or
290 otherwise disposed of shall be recorded by the clerk of the
291 circuit court unless:
292 (c) The name of each witness to the instrument is legibly
293 printed, typewritten, or stamped upon such instrument
294 immediately beneath the signature of such witness and the post
295 office address of each such person is legibly printed,
296 typewritten, or stamped upon such instrument;
297 Section 8. This act shall take effect July 1, 2023.
298
299 ================= T I T L E A M E N D M E N T ================
300 And the title is amended as follows:
301 Delete everything before the enacting clause
302 and insert:
303 A bill to be entitled
304 An act relating to real property fraud; creating s.
305 28.47, F.S.; requiring the clerk of the circuit court
306 to create, maintain, and operate an opt-in recording
307 notification service; providing definitions; requiring
308 such clerk to ensure that registration for such
309 service is possible through an electronic registration
310 portal; specifying portal and notification
311 requirements; providing immunity from liability for
312 the clerk; providing construction; providing for
313 applicability of the section to property appraisers;
314 creating s. 65.091, F.S.; clarifying that an action
315 may be brought under ch. 65, F.S., to quiet title
316 after a fraudulent attempted conveyance; requiring the
317 court to quiet title and award certain title and
318 rights under certain circumstances; directing the
319 clerk of the circuit court to provide a simplified
320 complaint form; creating s. 475.5025, F.S.; requiring
321 a real estate licensee to send a fraud prevention
322 notice under specified circumstances; providing form
323 language for such notice; providing for applicability;
324 limiting the liability of a real estate licensee for
325 noncompliance but providing that such noncompliance
326 may be introduced as evidence for certain violations;
327 providing that the failure of a property owner to
328 respond to the notice does not preclude or limit the
329 ability to establish certain challenges or defenses or
330 limit his or her remedy in any quiet title or
331 declaratory judgment action; amending s. 626.8411,
332 F.S.; providing for applicability relating to title
333 insurance agents and agencies and title insurers;
334 creating s. 627.799, F.S.; requiring parties providing
335 real estate transaction closing services to send a
336 fraud prevention notice under specified circumstances;
337 providing form language for such notice; providing for
338 applicability; limiting a closing service provider’s
339 liability for noncompliance but permitting such
340 noncompliance to be introduced as evidence establish
341 certain violations; providing that the failure of a
342 property owner to respond to the notice does not
343 preclude or limit the ability to establish certain
344 challenges or defenses or limit his or her remedy in
345 any quiet title or declaratory judgment action;
346 providing applicability relating to the title
347 insurer’s obligations; creating s. 689.025, F.S.;
348 prescribing the form for a quitclaim deed; amending s.
349 695.26, F.S.; revising the requirements for recording
350 instruments affecting real property; providing an
351 effective date.