Florida Senate - 2026                                     SB 116
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00170-26                                            2026116__
    1                        A bill to be entitled                      
    2         An act relating to the protection of specified persons
    3         against the fraudulent and exploitative conveyance of
    4         property interests; amending s. 415.1034, F.S.;
    5         revising the list of persons who must report abuse,
    6         neglect, or exploitation of vulnerable adults to
    7         include the clerk of the court; creating s. 415.1104,
    8         F.S.; defining terms; requiring that any deed or
    9         instrument purporting to convey real property or an
   10         interest therein be executed in the presence of a
   11         specified number of independent witnesses; prohibiting
   12         the recording of such deeds or instruments with the
   13         clerk until after a specified cooling-off period has
   14         elapsed; authorizing a specified adult to file with
   15         the clerk the contact information of a trusted person;
   16         requiring the clerk to contact the trusted person
   17         before the cooling-off period elapses; authorizing the
   18         trusted person to object in writing to the deed or
   19         instrument being recorded; providing that an objection
   20         from a trusted person triggers another specified
   21         cooling-off period; requiring the clerk to refer an
   22         objection to a not-for-profit legal aid organization
   23         to investigate whether the deed or instrument was
   24         obtained through fraudulent or exploitative means;
   25         authorizing the not-for-profit legal aid organization
   26         to request additional time to investigate the matter;
   27         prohibiting the clerk from recording the deed or
   28         instrument until after the not-for-profit legal aid
   29         organization has concluded the deed or instrument was
   30         not obtained through fraudulent or exploitative means;
   31         requiring the clerk to record the deed or instrument
   32         if no fraud or exploitation of a vulnerable adult is
   33         suspected; requiring a clerk or not-for-profit legal
   34         aid organization that suspects a deed or instrument
   35         was obtained through fraudulent or exploitative means
   36         to refer the matter to the state attorney for further
   37         investigation and prosecution; requiring the clerks,
   38         by a specified date, to provide in their offices
   39         certain materials written in plain language;
   40         reenacting s. 415.1105(2), F.S., relating to training
   41         programs, to incorporate the amendment made to s.
   42         415.1034, F.S., in a reference thereto; providing an
   43         effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Paragraph (a) of subsection (1) of section
   48  415.1034, Florida Statutes, is amended to read:
   49         415.1034 Mandatory reporting of abuse, neglect, or
   50  exploitation of vulnerable adults; mandatory reports of death.—
   51         (1) MANDATORY REPORTING.—
   52         (a) A Any person, including, but not limited to, a any:
   53         1. Physician, osteopathic physician, medical examiner,
   54  chiropractic physician, nurse, paramedic, emergency medical
   55  technician, or hospital personnel engaged in the admission,
   56  examination, care, or treatment of vulnerable adults;
   57         2. Health professional or mental health professional other
   58  than one listed in subparagraph 1.;
   59         3. Practitioner who relies solely on spiritual means for
   60  healing;
   61         4. Nursing home staff; assisted living facility staff;
   62  adult day care center staff; adult family-care home staff;
   63  social worker; or other professional adult care, residential, or
   64  institutional staff;
   65         5. State, county, or municipal criminal justice employee or
   66  law enforcement officer;
   67         6. Employee of the Department of Business and Professional
   68  Regulation conducting inspections of public lodging
   69  establishments under s. 509.032;
   70         7. Florida advocacy council or Disability Rights Florida
   71  member or a representative of the State Long-Term Care Ombudsman
   72  Program;
   73         8. Bank, savings and loan, or credit union officer,
   74  trustee, or employee; or
   75         9. Dealer, investment adviser, or associated person under
   76  chapter 517; or
   77         10. Clerk of the court,
   78  
   79  who knows, or has reasonable cause to suspect, that a vulnerable
   80  adult has been or is being abused, neglected, or exploited must
   81  immediately report such knowledge or suspicion to the central
   82  abuse hotline.
   83         Section 2. Section 415.1104, Florida Statutes, is created
   84  to read:
   85         415.1104Title fraud prevention for specified adults.—
   86         (1) As used in this section, the term:
   87         (a) “Clerk” means any of the clerks of the circuit courts
   88  of this state.
   89         (b) “Independent witness” means a natural person who
   90  physically witnesses the signing of a deed or other instrument
   91  purporting to convey real property or an interest therein, and
   92  who:
   93         1. Is 18 years of age or older;
   94         2. Is of sound mind;
   95         3. Is not a party to the conveyance; and
   96         4. Has no financial interest in the conveyance.
   97         (c) “Not-for-profit legal aid organization” means a not
   98  for-profit organization operated in this state which provides as
   99  its primary purpose civil legal services without charge to
  100  eligible clients in its judicial circuit.
  101         (d) “Specified adult” means a natural person 65 years of
  102  age or older, or a vulnerable adult as defined in s. 415.102.
  103         (e) “Trusted person” means a natural person 18 years of age
  104  or older whom the specified adult has expressly identified and
  105  recorded with the clerk as a person who may be contacted about
  106  any deed or other instrument purporting to convey real property
  107  or an interest therein.
  108         (2) Any deed or instrument purporting to convey real
  109  property or an interest therein from a specified adult must be
  110  executed in the presence of two independent witnesses.
  111         (3) Any deed or instrument described in subsection (2)
  112  which is presented to the clerk may not be recorded until after
  113  a 72-hour cooling-off period has elapsed.
  114         (4)(a) A specified adult may file with the clerk the name,
  115  address, telephone number, and e-mail address of a trusted
  116  person.
  117         (b) The clerk shall contact the trusted person before the
  118  72-hour cooling-off period elapses.
  119         (c) The trusted person may object to the deed or instrument
  120  described in subsection (2) being recorded. An objection made by
  121  the trusted person must be in writing.
  122         (d) An objection from the trusted person triggers another
  123  72-hour cooling-off period, during which time the clerk shall
  124  refer the matter to a not-for-profit legal aid organization to
  125  investigate whether the deed or instrument described in
  126  subsection (2) was obtained through fraudulent or exploitative
  127  means.
  128         (e) The not-for-profit legal aid organization may request
  129  additional time to investigate the matter. The clerk may not
  130  record the deed or instrument described in subsection (2) until
  131  the not-for-profit legal aid organization makes a finding that
  132  the deed or instrument was not obtained through fraudulent or
  133  exploitative means.
  134         (5) If, after the cooling-off periods described in
  135  subsections (3) and (4) have elapsed and there is no suspicion
  136  that the deed or instrument has been obtained through fraudulent
  137  or exploitative means, the clerk must record the deed or
  138  instrument described in subsection (2).
  139         (6) Notwithstanding the cooling-off periods described in
  140  subsections (3) and (4), if the clerk or the not-for-profit
  141  legal aid organization suspects the deed or instrument described
  142  in subsection (2) was obtained through fraudulent or
  143  exploitative means, it must refer the matter to the state
  144  attorney for further investigation and prosecution.
  145         (7) By October 1, 2027, the clerks shall provide materials
  146  in their respective offices which contain information written in
  147  plain language on the risks of conveying real property or an
  148  interest therein to another person, with an emphasis on
  149  protecting specified adults against fraud and exploitation.
  150         Section 3. For the purpose of incorporating the amendment
  151  made by this act to section 415.1034, Florida Statutes, in a
  152  reference thereto, subsection (2) of section 415.1105, Florida
  153  Statutes, is reenacted to read:
  154         415.1105 Training programs.—
  155         (2) Within available resources, the department shall
  156  cooperate with other appropriate agencies in developing and
  157  providing preservice and inservice training programs for those
  158  persons specified in s. 415.1034(1)(a).
  159         Section 4. This act shall take effect July 1, 2026.