Florida Senate - 2023 CS for SB 1436 By the Committee on Judiciary; and Senator Bradley 590-03309-23 20231436c1 1 A bill to be entitled 2 An act relating to real property fraud; creating s. 3 28.47, F.S.; requiring the clerk of the circuit court 4 to create, maintain, and operate an opt-in recording 5 notification service; providing definitions; requiring 6 such clerk to ensure that registration for such 7 service is possible through an electronic registration 8 portal; specifying portal and notification 9 requirements; providing immunity from liability for 10 the clerk; providing construction; providing for 11 applicability of the section to property appraisers; 12 creating s. 65.091, F.S.; clarifying that an action 13 may be brought under ch. 65, F.S., to quiet title 14 after a fraudulent attempted conveyance; requiring the 15 court to quiet title and award certain title and 16 rights under certain circumstances; directing the 17 clerk of the circuit court to provide a simplified 18 complaint form; creating s. 475.5025, F.S.; requiring 19 a real estate licensee to send a fraud prevention 20 notice under specified circumstances; providing form 21 language for such notice; providing for applicability; 22 limiting the liability of a real estate licensee for 23 noncompliance but providing that such noncompliance 24 may be introduced as evidence for certain violations; 25 providing that the failure of a property owner to 26 respond to the notice does not preclude or limit the 27 ability to establish certain challenges or defenses or 28 limit his or her remedy in any quiet title or 29 declaratory judgment action; amending s. 626.8411, 30 F.S.; providing for applicability relating to title 31 insurance agents and agencies and title insurers; 32 creating s. 627.799, F.S.; requiring parties providing 33 real estate transaction closing services to send a 34 fraud prevention notice under specified circumstances; 35 providing form language for such notice; providing for 36 applicability; limiting a closing service provider’s 37 liability for noncompliance but permitting such 38 noncompliance to be introduced as evidence to 39 establish certain violations; providing that the 40 failure of a property owner to respond to the notice 41 does not preclude or limit the ability to establish 42 certain challenges or defenses or limit his or her 43 remedy in any quiet title or declaratory judgment 44 action; providing applicability relating to the title 45 insurer’s obligations; creating s. 689.025, F.S.; 46 prescribing the form for a quitclaim deed; amending s. 47 695.26, F.S.; revising the requirements for recording 48 instruments affecting real property; providing an 49 effective date. 50 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1. Section 28.47, Florida Statutes, is created to 54 read: 55 28.47 Recording notification service.— 56 (1) On or before July 1, 2024, each clerk of the circuit 57 court must create, maintain, and operate a free recording 58 notification service which is open to all persons wishing to 59 register for the service. For purposes of this section, the 60 term: 61 (a) “Land record” means a deed, mortgage, or other document 62 purporting to convey or encumber real property. 63 (b) “Monitored identity” means a personal or business name 64 or a parcel identification number submitted by a registrant for 65 monitoring under a recording notification service. 66 (c) “Recording notification” means a notification sent by 67 electronic mail indicating to a registrant that a land record 68 associated with the registrant’s monitored identity has been 69 recorded in the public records of the county. 70 (d) “Recording notification service” means a service which 71 sends automated recording notifications. 72 (e) “Registrant” means a person who registers for a 73 recording notification service. 74 (2) The clerk must ensure that registration for the 75 recording notification service is possible through an electronic 76 registration portal, which portal must: 77 (a) Be accessible through a direct link on the home page of 78 the clerk’s official public website; 79 (b) Allow a registrant to subscribe to receive recording 80 notifications for at least five monitored identities per valid 81 electronic mail address provided; 82 (c) Include a method by which a registrant may unsubscribe 83 from the service; 84 (d) List a phone number at which the clerk’s office may be 85 contacted during normal business hours with questions related to 86 the service; and 87 (e) Send an automated electronic mail message to a 88 registrant confirming his or her successful registration for or 89 action to unsubscribe from the service, which message must 90 identify each monitored identity for which a subscription was 91 received or canceled. 92 (3) When a land record is recorded for a monitored 93 identity, a recording notification must be sent within 24 hours 94 after the recording to each registrant who is subscribed to 95 receive recording notifications for that monitored identity. 96 Such notification must contain, at a minimum: 97 (a) Information identifying the monitored identity for 98 which the land record was filed; 99 (b) The land record’s recording date; 100 (c) The official record book and page number or instrument 101 number assigned to the land record by the clerk; 102 (d) Instructions for electronically searching for and 103 viewing the land record using the assigned official record book 104 and page number or instrument number; and 105 (e) A phone number at which the clerk’s office may be 106 contacted during normal business hours with questions related to 107 the recording notification. 108 (4) There is no right or cause of action against, and no 109 civil liability on the part of, the clerk with respect to the 110 creation, maintenance, or operation of a recording notification 111 service as required by this section. 112 (5) Nothing in this section may be construed to require the 113 clerk to provide or allow access to a record or information 114 which is confidential and exempt from s. 119.07(1) and s. 24(a), 115 Art. I of the State Constitution or to otherwise violate the 116 public records laws of this state. 117 (6) This section shall also apply to county property 118 appraisers that adopt an electronic land record notification 119 service. 120 (a) The property appraiser may adopt a verification process 121 for persons wishing to register for the electronic land records 122 notification service to ensure integrity of the process. 123 (b) For purposes of this subsection only, and 124 notwithstanding the provisions in paragraph (1)(a) and 125 subsection (3): 126 1. “Land record” means a deed or other document, purporting 127 to convey real property. 128 2. When a land record is recorded for a monitored identity, 129 a recording notification must be sent to each registrant who is 130 subscribed to receive recording notifications for that monitored 131 identity within 24 hours of the instrument being reflected on 132 the county tax roll by the property appraiser. 133 Section 2. Section 65.091, Florida Statutes, is created to 134 read: 135 65.091 Quieting title; fraudulent conveyances.— 136 (1) An action to quiet title based on a fraudulent 137 attempted conveyance allegation may be maintained under this 138 chapter, and this remedy is cumulative to other existing 139 remedies. A petitioner bringing an action to quiet title based 140 on such allegations is entitled to summary procedure under s. 141 51.011, and the court shall advance the cause on the calendar. 142 (2) In an action to quiet title, when the court determines 143 that an attempt was made to fraudulently convey the land at 144 issue away from a plaintiff who had legal title to the land 145 before the conveyance, the court must quiet title in and award 146 the plaintiff with the same title and rights to the land that 147 the plaintiff enjoyed before the attempted conveyance. 148 (3) The clerk of the circuit court must provide a 149 simplified form for the filing of a complaint to quiet title 150 based on a fraudulent attempted conveyance allegation and 151 instructions for completing such form. 152 Section 3. Section 475.5025, Florida Statutes, is created 153 to read: 154 475.5025 Fraud prevention notice on listing.— 155 (1)(a) To help prevent real estate fraud and identity 156 theft, within 5 business days after entering into a brokerage 157 relationship with the potential seller of property, the real 158 estate licensee must cause a notice to be sent by first-class 159 mail to the potential seller at the mailing address of the owner 160 shown in the online records of the tax collector. Such notice 161 must be in substantially the following form: 162 163 (Brokerage letterhead) 164 165 To help prevent real estate fraud and identity theft, 166 the State of Florida requires us to notify you that 167 (name of real estate broker) has been engaged by 168 (potential seller) to market and sell the property at 169 (address, city, and state). If you believe this is in 170 error, please notify us immediately at (phone number 171 and e-mail). 172 173 The notice may include a letter thanking the potential seller 174 for the listing and such other additional information as the 175 licensee may deem appropriate. 176 (b) When the records of the tax collector show a different 177 owner of the property in the preceding year’s tax bill, the real 178 estate licensee must, within 5 business days after entering into 179 a brokerage relationship with the potential seller of property, 180 additionally cause a notice to be sent by first-class mail to 181 the prior owner at the mailing address of the prior owner shown 182 in the online records of the tax collector. Such notice must be 183 in substantially the following form: 184 185 (Brokerage letterhead) 186 187 To help prevent real estate fraud and identity theft, 188 the State of Florida requires us to notify you that 189 (name of real estate broker) has been engaged by 190 (potential seller) to market and sell the property you 191 formerly owned at (address, city, and state). If you 192 believe this is in error, or still claim an interest 193 in this property, please notify us immediately at 194 (phone number and e-mail). 195 196 (2)(a) Failure to comply with this section does not impair 197 the validity or enforceability of any listing agreement, 198 purchase and sale agreement, deed, mortgage, or other instrument 199 or agreement made or delivered in connection with a real estate 200 sale transaction. 201 (b) A real estate licensee has no liability to the actual 202 or claimed owner of a property or a putative purchaser thereof 203 solely because of his or her failure to comply with this 204 section. However, any such noncompliance may be introduced as 205 evidence to establish violations of this chapter or as an 206 indication of possible fraud, forgery, impersonation, duress, 207 incapacity, undue influence, illegality, or unconscionability, 208 or for other evidentiary purposes. 209 (c) The failure of the actual property owner to respond to 210 the mailing does not preclude or limit the ability of such owner 211 to establish possible fraud, forgery, impersonation, duress, 212 incapacity, undue influence, minority, illegality, or 213 unconscionability, or any other challenges or defenses to any 214 real estate transaction, or to limit such owner’s remedy in any 215 quiet title or declaratory judgment action. 216 Section 4. Subsection (3) is added to section 626.8411, 217 Florida Statutes, to read: 218 626.8411 Application of Florida Insurance Code provisions 219 to title insurance agents or agencies.— 220 (3) Section 627.799 applies to title insurance agents and 221 agencies and to title insurers only to the extent any of the 222 foregoing are actually engaged in providing closing services for 223 a particular transaction. 224 Section 5. Section 627.799, Florida Statutes, is created to 225 read: 226 627.799 Fraud prevention notice upon opening order.— 227 (1)(a) To help prevent real estate fraud and identity 228 theft, within 5 business days after opening an order to ensure a 229 sale of real property or refinance of a mortgage encumbering 230 real property, the party scheduled to provide closing services 231 must cause a notice to be sent by first-class mail to the seller 232 or borrower at the mailing address of the owner shown in the 233 online records of the tax collector. Such notice must be in 234 substantially the following form: 235 236 (Letterhead of closing service provider) 237 238 To help prevent real estate fraud and identity theft, 239 the State of Florida requires us to notify you that 240 (name of closing service provider) has been engaged to 241 (handle the sale of) (coordinate the closing of a 242 mortgage in favor of (name of lender) secured by) the 243 property located at (address, city, and state). If you 244 believe this is in error, please notify us immediately 245 at (phone number and e-mail). 246 247 The mailing may include a letter thanking the seller or borrower 248 for selecting the sender and such other additional information 249 as the sender may deem appropriate. 250 (b) When the records of the tax collector show a different 251 owner of the property in the preceding year’s tax bill, the 252 party to provide closing services must, within 5 business days 253 after opening an order to ensure a sale of real property or 254 refinance of a mortgage encumbering real property, additionally 255 cause a notice to be mailed by first-class mail to the prior 256 owner at the mailing address of the prior owner shown in the 257 online records of the tax collector, which notice must be in 258 substantially the following form: 259 260 (Letterhead of closing service provider) 261 262 To help prevent real estate fraud and identity theft, 263 the State of Florida requires us to notify you that 264 (name of closing service provider) has been engaged to 265 (handle the sale of property) (coordinate the closing 266 of a mortgage against property) you formerly owned at 267 (address, city, and state). If you believe this is in 268 error, or still claim an interest in this property, 269 please notify us immediately at (phone number and e 270 mail). 271 272 (c) Separate notice is not required to a borrower who is 273 acquiring the property and placing the mortgage in the same 274 closing. 275 (2)(a) Failure to comply with this section does not impair 276 the validity or enforceability of any escrow instructions, 277 purchase and sale agreement, deed, mortgage, or other instrument 278 or agreement made or delivered in connection with a real estate 279 transaction. 280 (b) The closing service provider does not have any 281 liability to the actual or claimed owner of a property or a 282 putative purchaser thereof solely because of the failure to 283 comply with this section. However, any noncompliance may be 284 introduced as evidence to establish violations of this chapter 285 or as an indication of possible fraud, forgery, impersonation, 286 duress, incapacity, undue influence, illegality, or 287 unconscionability, or for other evidentiary purposes. 288 (c) The failure of the actual property owner to respond to 289 the mailing does not preclude or limit the ability of such owner 290 to establish possible fraud, forgery, impersonation, duress, 291 incapacity, undue influence, minority, illegality, or 292 unconscionability or any other challenges or defenses to any 293 real estate transaction, or to limit such owner’s remedy in any 294 quiet title or declaratory judgment action. 295 (d) This section does not alter or limit the obligations of 296 the title insurer under any title insurance policy issued in 297 connection with a real estate transaction. 298 Section 6. Section 689.025, Florida Statutes, is created to 299 read: 300 689.025 Form of quitclaim deed prescribed.—A quitclaim deed 301 of conveyance to real property or an interest therein must: 302 (1) Be in substantially the following form: 303 304 This Quitclaim Deed, executed this (date) day of 305 (month, year), by first party, Grantor (name), whose 306 post-office address is (address), to second party, 307 Grantee (name), whose post-office address is 308 (address). 309 310 Witnesseth, that the said first party, for the sum of 311 $(amount), and other good and valuable consideration 312 paid by the second party, the receipt whereof is 313 hereby acknowledged, does hereby remise, release, and 314 quitclaim unto the said second party forever, all the 315 right, title, interest, claim, and demand which the 316 said first party has in and to the following described 317 parcel of land, and all improvements and appurtenances 318 thereto, in (county), Florida: 319 320 (Legal description) 321 322 (2) Include the legal description of the real property the 323 instrument purports to convey, or in which the instrument 324 purports to convey an interest, which description must be 325 legibly printed, typewritten, or stamped thereon. 326 (3) Include a blank space for the parcel identification 327 number assigned to the real property the instrument purports to 328 convey, or in which the instrument purports to convey an 329 interest, which number, if available, must be entered on the 330 deed before it is presented for recording. The failure to 331 include such blank space or the parcel identification number 332 does not affect the validity of the conveyance or the 333 recordability of the deed. Such parcel identification number is 334 not a part of the legal description of the property otherwise 335 set forth in the instrument and may not be used as a substitute 336 for the legal description required by this section. 337 Section 7. Paragraph (c) of subsection (1) of section 338 695.26, Florida Statutes, is amended to read: 339 695.26 Requirements for recording instruments affecting 340 real property.— 341 (1) No instrument by which the title to real property or 342 any interest therein is conveyed, assigned, encumbered, or 343 otherwise disposed of shall be recorded by the clerk of the 344 circuit court unless: 345 (c) The name of each witness to the instrument is legibly 346 printed, typewritten, or stamped upon such instrument 347 immediately beneath the signature of such witness and the post 348 office address of each such person is legibly printed, 349 typewritten, or stamped upon such instrument; 350 Section 8. This act shall take effect July 1, 2023.