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.