Florida Senate - 2023 SB 1436 By Senator Bradley 6-01863B-23 20231436__ 1 A bill to be entitled 2 An act relating to real property fraud; creating s. 3 28.51, F.S.; requiring the clerk of the circuit court 4 to create, maintain, and operate a specified recording 5 notification service; defining terms; requiring the 6 clerk to ensure that registration for such service is 7 possible through an electronic registration portal; 8 providing requirements for such portal; requiring that 9 certain recording notifications be sent to certain 10 registrants within a specified timeframe; providing 11 limitations on liability; providing construction; 12 creating s. 65.091, F.S.; authorizing an action to 13 quiet title based on a fraudulent attempted conveyance 14 allegation to be maintained under ch. 65, F.S.; 15 specifying that a petitioner bringing such action is 16 entitled to summary procedure; providing requirements 17 for the court relating to such actions; requiring the 18 clerk of the circuit court to provide a simplified 19 form for a certain purpose and instructions for 20 completing the form; creating s. 475.5025, F.S.; 21 requiring real estate licensees to send, or cause to 22 be sent, copies of signed listing agreements and 23 specified notices to certain persons; specifying that 24 the failure to send such agreements or notices does 25 not impair the validity or enforceability of certain 26 documents and agreements; specifying that real estate 27 licensees do not have liability to certain persons for 28 failing to send such agreement or notices; authorizing 29 such failures to be used for certain evidentiary 30 purposes; specifying that an actual owner’s failure to 31 reply to certain mailings does not preclude or limit 32 the ability of an owner to take certain actions or 33 limit certain remedies; amending s. 626.8411, F.S.; 34 providing for the applicability of s. 627.799, F.S., 35 to title insurance agents and agencies and title 36 insurers; creating s. 627.799, F.S.; requiring parties 37 scheduled to provide real estate transaction closing 38 services to send, or cause to be sent, specified 39 notices to certain persons within a specified 40 timeframe; specifying that the failure to send such 41 notices does not impair the validity or enforceability 42 of certain documents and agreements; specifying that 43 scheduled closing service providers do not have 44 liability to certain persons for failing to send such 45 notices; authorizing such failures to be used for 46 certain evidentiary purposes; specifying that an 47 actual owner’s failure to reply to certain mailings 48 does not preclude or limit the ability of an owner to 49 take certain actions or limit certain remedies; 50 providing construction; creating s. 689.025, F.S.; 51 providing a form and requirements for quitclaim deeds; 52 amending s. 695.26, F.S.; revising requirements for 53 recording instruments affecting real property; 54 providing an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1. Section 28.51, Florida Statutes, is created to 59 read: 60 28.51 Recording notification service.—The clerk of the 61 circuit court must create, maintain, and operate a free 62 recording notification service which is open to all persons 63 wishing to register for the service. 64 (1) For the purposes of this section, the term: 65 (a) “Land record” means a deed, mortgage, or other document 66 purporting to convey or encumber real property. 67 (b) “Monitored identity” means a personal or business name 68 or a parcel identification number submitted by a registrant for 69 monitoring under a recording notification service. 70 (c) “Recording notification” means a notification sent by 71 e-mail indicating to a registrant that a land record associated 72 with the registrant’s monitored identity has been recorded in 73 the public records of a county. 74 (d) “Recording notification service” means a service which 75 sends automated recording notifications. 76 (e) “Registrant” means a person who registers for a 77 recording notification service. 78 (2) The clerk must ensure that registration for the 79 recording notification service is possible through an electronic 80 registration portal, which portal must: 81 (a) Be accessible through a direct link on the home page of 82 the clerk’s official public website; 83 (b) Allow a registrant to subscribe to receive recording 84 notifications for at least five monitored identities per valid 85 e-mail address provided; 86 (c) Include a method by which a registrant may unsubscribe 87 from the service; 88 (d) List a phone number at which the clerk’s office may be 89 reached for questions related to the service during normal 90 business hours; and 91 (e) Send an automated e-mail message to a registrant 92 confirming his or her successful registration for or action to 93 unsubscribe from the service, which message must identify each 94 monitored identity for which a subscription was received or 95 canceled. 96 (3) When a land record is recorded for a monitored 97 identity, a recording notification must be sent within 24 hours 98 of the recording to each registrant who is subscribed to receive 99 recording notifications for that monitored identity. Such 100 notification must contain, at a minimum: 101 (a) Information identifying the monitored identity for 102 which the land record was filed; 103 (b) The land record’s recording date; 104 (c) The official record book and page number or instrument 105 number assigned to the land record by the clerk; 106 (d) Instructions for electronically searching for and 107 viewing the land record using the assigned official record book 108 and page number or instrument number; and 109 (e) A phone number at which the clerk’s office may be 110 contacted during normal business hours with questions related to 111 the recording notification. 112 (4) There is no right or cause of action against, and no 113 civil liability on the part of, the clerk with respect to the 114 creation, maintenance, or operation of a recording notification 115 service as required by this section. 116 (5) This section may not be construed to require the clerk 117 to provide or allow access to a record or information which is 118 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 119 of the State Constitution or to otherwise violate the public 120 records laws of this state. 121 Section 2. Section 65.091, Florida Statutes, is created to 122 read: 123 65.091 Quieting title; fraudulent conveyances.— 124 (1) An action to quiet title based on a fraudulent 125 attempted conveyance allegation may be maintained under this 126 chapter, and this remedy is cumulative to other existing 127 remedies. A petitioner bringing an action to quiet title based 128 on such allegations is entitled to summary procedure under s. 129 51.011, and the court shall advance the cause on the calendar. 130 (2) In an action to quiet title where the court determines 131 that an attempt was made to fraudulently convey the land at 132 issue away from a plaintiff who had legal title to the land 133 before the conveyance, the court must quiet title in and award 134 the plaintiff with the same title and rights to the land that 135 the plaintiff enjoyed before the attempted conveyance. 136 (3) The clerk of the circuit court must provide a 137 simplified form for the filing of a complaint to quiet title 138 based on a fraudulent attempted conveyance allegation and 139 instructions for completion of such form. 140 Section 3. Section 475.5025, Florida Statutes, is created 141 to read: 142 475.5025 Fraud prevention notice on listing.— 143 (1)(a) To help prevent real estate fraud and identity 144 theft, within 5 business days after entering into a brokerage 145 relationship with the potential seller of property, a real 146 estate licensee must send, or cause to be sent, a copy of the 147 signed listing agreement by first-class mail to the potential 148 seller at the mailing address of the owner of the property shown 149 in the online records of the tax collector. The mailing may 150 include a letter thanking the potential seller for the listing 151 and other additional information as the licensee may deem 152 appropriate. 153 (b) If the tax collector’s records show a different owner 154 of the property in the preceding year’s tax bill, the real 155 estate licensee must, within 5 business days after entering into 156 a brokerage relationship with the potential seller of property, 157 send, or cause to be sent, an additional notice by first-class 158 mail to the prior owner at the mailing address of the prior 159 owner shown in the online records of the tax collector. Such 160 notice must be substantially in the following form: 161 162 ...(Brokerage Letterhead)... 163 To help prevent real estate fraud and identity theft, 164 the State of Florida requires us to notify you that 165 ...(Name of Real Estate Brokerage)... has been engaged 166 by ...(Potential Seller)... to market and sell the 167 property you formerly owned at ...(Address and City, 168 State).... If you believe this is in error, or you 169 still claim an interest in this property, please 170 notify us immediately at ...(Phone Number and E 171 mail).... 172 173 (2)(a) Failure to comply with this section does not impair 174 the validity or enforceability of any listing agreement, 175 purchase and sale agreement, deed, mortgage, or other instrument 176 or agreement made or delivered in connection with a real estate 177 sale transaction. 178 (b) A real estate licensee does not have any liability to 179 the actual or claimed owner of a property or a putative 180 purchaser thereof solely because of his or her failure to comply 181 with this section. However, any such noncompliance may be 182 introduced as evidence to establish violations of this chapter; 183 as an indication of possible fraud, forgery, impersonation, 184 duress, incapacity, undue influence, illegality, or 185 unconscionability; or for other evidentiary purposes. 186 (c) The failure of the actual owner of a property to 187 respond to the mailing does not preclude or limit the ability of 188 such owner to establish possible fraud, forgery, impersonation, 189 duress, incapacity, undue influence, minority, illegality, or 190 unconscionability, or any other challenges or defenses to any 191 real estate transaction, or to limit such owner’s remedy in any 192 quiet title or declaratory judgment action. 193 Section 4. Subsection (3) is added to section 626.8411, 194 Florida Statutes, to read: 195 626.8411 Application of Florida Insurance Code provisions 196 to title insurance agents or agencies.— 197 (3) Section 627.799 applies to title insurance agents and 198 agencies and to title insurers only to the extent any of the 199 foregoing are actually engaged in providing closing services for 200 a particular transaction. 201 Section 5. Section 627.799, Florida Statutes, is created to 202 read: 203 627.799 Fraud prevention notice upon opening order.— 204 (1)(a) To help prevent real estate fraud and identity 205 theft, within 5 business days after opening an order to ensure a 206 sale of real property or refinance of a mortgage encumbering 207 real property, the party scheduled to provide closing services 208 must send, or cause to be sent, a notice by first-class mail to 209 the seller or borrower at the mailing address of the owner shown 210 in the online records of the tax collector. Such notice must be 211 in substantially the following form: 212 213 ...(Letterhead of Closing Service Provider)... 214 To help prevent real estate fraud and identity theft, 215 the State of Florida requires us to notify you that 216 ...(Name of Closing Service Provider)... has been 217 engaged to handle the sale of, or coordinate the 218 closing of a mortgage in favor of ...(Name of 219 Lender)... secured by, the property located at 220 ...(Address and City, State).... If you believe this 221 is in error, please notify us immediately at ...(Phone 222 Number and E-mail).... 223 224 The mailing may include a letter thanking the seller or borrower 225 for selecting the sender and such other additional information 226 as the sender may deem appropriate. 227 (b) When the records of the tax collector show a different 228 owner of the property in the preceding year’s tax bill, the 229 party scheduled to provide closing services must, within 5 230 business days after opening an order to ensure a sale of real 231 property or refinance of a mortgage encumbering real property, 232 send, or cause to be sent, an additional notice by first-class 233 mail to the prior owner at the mailing address of the prior 234 owner shown in the online records of the tax collector. Such 235 notice must be in substantially the following form: 236 237 ...(Letterhead of Closing Service Provider)... 238 In order to help prevent real estate fraud and 239 identity theft, the State of Florida requires us to 240 notify you that ...(Name of Closing Service 241 Provider)... has been engaged to handle the sale of, 242 or coordinate the closing of a mortgage against, the 243 property you formerly owned at ...(Address and City, 244 State).... If you believe this is in error, or you 245 still claim an interest in this property, please 246 notify us immediately at ...(Phone Number and E 247 mail).... 248 249 (c) A separate notice is not required to a borrower who is 250 acquiring the property and placing the mortgage in the same 251 closing. 252 (2)(a) A failure to comply with this section does not 253 impair the validity or enforceability of any escrow 254 instructions, purchase and sale agreement, deed, mortgage, or 255 other instrument or agreement made or delivered in connection 256 with a real estate transaction. 257 (b) The closing service provider does not have any 258 liability to the actual or claimed owner of a property or a 259 putative purchaser thereof solely because of the failure to 260 comply with this section. However, any noncompliance may be 261 introduced as evidence to establish violations of this chapter; 262 as an indication of possible fraud, forgery, impersonation, 263 duress, incapacity, undue influence, illegality, or 264 unconscionability; or for other evidentiary purposes. 265 (c) The failure of the actual owner of a property to 266 respond to the mailing does not preclude or limit the ability of 267 such owner to establish possible fraud, forgery, impersonation, 268 duress, incapacity, undue influence, minority, illegality, or 269 unconscionability or any other challenges or defenses to any 270 real estate transaction, or to limit such owner’s remedy in any 271 quiet title or declaratory judgment action. 272 (d) This section does not alter or limit the obligations of 273 the title insurer under any title insurance policy issued in 274 connection with a real estate transaction. 275 Section 6. Section 689.025, Florida Statutes, is created to 276 read: 277 689.025 Form of quitclaim deed prescribed.—A quitclaim deed 278 of conveyance to real property or an interest therein must: 279 (1) Be in substantially the following form: 280 281 This Quitclaim Deed, executed this .... day of 282 ...(Month, Year)..., by first party, Grantor 283 ...(Name)..., whose post-office address is 284 ...(Address)..., to second party, Grantee 285 ...(Name)..., whose post-office address is 286 ...(Address)... witnesseth: 287 288 That the said first party, for the sum of $...., and 289 other good and valuable consideration paid by the 290 second party, the receipt whereof is hereby 291 acknowledged, does hereby remise, release, and 292 quitclaim unto the said second party forever, all the 293 right, title, interest, claim, and demand which the 294 said first party has in and to the following described 295 parcel of land, and all improvements and appurtenances 296 thereto, in ...(County)..., Florida, to wit: ...(legal 297 description).... 298 299 (2) Include the legal description of the real property the 300 instrument purports to convey, or in which the instrument 301 purports to convey an interest. Such description must be legibly 302 printed, typewritten, or stamped thereon. 303 (3) Include a blank space for the parcel identification 304 number assigned to the real property the instrument purports to 305 convey, or in which the instrument purports to convey an 306 interest. Such number, if available, must be entered on the deed 307 before it is presented for recording. The failure to include 308 such blank space or the parcel identification number does not 309 affect the validity of the conveyance or the recordability of 310 the deed. Such parcel identification number is not a part of the 311 legal description of the property otherwise set forth in the 312 instrument and may not be used as a substitute for the legal 313 description required by this section. 314 Section 7. Subsection (1) of section 695.26, Florida 315 Statutes, is amended to read: 316 695.26 Requirements for recording instruments affecting 317 real property.— 318 (1) No instrument by which the title to real property or 319 any interest therein is conveyed, assigned, encumbered, or 320 otherwise disposed of shall be recorded by the clerk of the 321 circuit court unless: 322 (a) The name of each person who executed such instrument is 323 legibly printed, typewritten, or stamped upon such instrument 324 immediately beneath the signature of such person and the post 325 office address of each such person is legibly printed, 326 typewritten, or stamped upon such instrument; 327 (b) The name and post-office address of the natural person 328 who prepared the instrument or under whose supervision it was 329 prepared are legibly printed, typewritten, or stamped upon such 330 instrument; 331 (c) The name of each witness to the instrument is legibly 332 printed, typewritten, or stamped upon such instrument 333 immediately beneath the signature of such witness and the post 334 office address of each such person is legibly printed, 335 typewritten, or stamped upon such instrument; 336 (d) The name of any notary public or other officer 337 authorized to take acknowledgments or proofs whose signature 338 appears upon the instrument is legibly printed, typewritten, or 339 stamped upon such instrument immediately beneath the signature 340 of such notary public or other officer authorized to take 341 acknowledgment or proofs; 342 (e) A 3-inch by 3-inch space at the top right-hand corner 343 on the first page and a 1-inch by 3-inch space at the top right 344 hand corner on each subsequent page are reserved for use by the 345 clerk of the court; and 346 (f) In any instrument other than a mortgage conveying or 347 purporting to convey any interest in real property, the name and 348 post-office address of each grantee in such instrument are 349 legibly printed, typewritten, or stamped upon such instrument. 350 Section 8. This act shall take effect July 1, 2023.