THE BILL ITSELF
HB 1195
Protection of Specified Persons Against the Fraudulent and Exploitative Conveyance of Property Interests
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A bill to be entitled
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An act relating to the protection of specified persons
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against the fraudulent and exploitative conveyance of
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property interests; amending s. 415.1034, F.S.;
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revising the list of persons who must report abuse,
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neglect, or exploitation of vulnerable adults to
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include the clerk of the court; creating s. 415.1104,
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F.S.; providing definitions; requiring that any
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quitclaim deed purporting to convey real property or
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an interest therein from a specified adult be executed
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in the presence of a specified number of subscribing
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witnesses; prohibiting the recording of such deeds
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with the clerk until after a specified cooling-off
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period has elapsed; authorizing a specified adult to
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designate a certain person through a power of attorney
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recorded with the clerk; requiring the clerk to
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contact the person designated in the power of attorney
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before the cooling-off period elapses; authorizing
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such person to object in writing to the quitclaim deed
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being recorded; requiring the clerk to notify
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specified persons of their right to file a recission
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of the quitclaim deed; requiring the clerk to provide
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instructions on how to file such recission; requiring
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the clerk to enroll the specified adult in the
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statewide Property Alert Service if an objection is
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made; requiring the clerk to conduct a preliminary
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investigation and provide notification on the status
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of the investigation; requiring the clerk to refer an
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objection to a not-for-profit legal aid organization
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if further investigation is needed; authorizing the
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not-for-profit legal aid organization to request
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additional time to investigate the matter; prohibiting
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the clerk from recording the quitclaim deed until
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after the not-for-profit legal aid organization has
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concluded the quitclaim deed was not obtained through
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fraudulent or exploitative means; requiring the clerk
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to record the quitclaim deed if no fraud or
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exploitation of a specified adult is suspected;
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requiring a clerk or not-for-profit legal aid
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organization that suspects a quitclaim deed was
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obtained through fraudulent or exploitative means to
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refer the matter to the state attorney for further
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investigation and prosecution; requiring the clerks,
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by a specified date, to provide in their offices
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certain materials written in plain language;
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reenacting s. 415.1105(2), F.S., relating to training
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programs, to incorporate the amendment made to s.
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415.1034, F.S., in a reference thereto; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (1) of section
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415.1034, Florida Statutes, is amended to read:
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415.1034 Mandatory reporting of abuse, neglect, or
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exploitation of vulnerable adults; mandatory reports of death.—
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(1) MANDATORY REPORTING.—
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(a) A Any person, including, but not limited to, a any:
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1. Physician, osteopathic physician, medical examiner,
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chiropractic physician, nurse, paramedic, emergency medical
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technician, or hospital personnel engaged in the admission,
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examination, care, or treatment of vulnerable adults;
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2. Health professional or mental health professional other
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than one listed in subparagraph 1.;
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3. Practitioner who relies solely on spiritual means for
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healing;
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4. Nursing home staff; assisted living facility staff;
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adult day care center staff; adult family-care home staff;
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social worker; or other professional adult care, residential, or
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institutional staff;
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5. State, county, or municipal criminal justice employee
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or law enforcement officer;
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6. Employee of the Department of Business and Professional
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Regulation conducting inspections of public lodging
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establishments under s. 509.032;
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7. Florida advocacy council or Disability Rights Florida
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member or a representative of the State Long-Term Care Ombudsman
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Program;
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8. Bank, savings and loan, or credit union officer,
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trustee, or employee; or
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9. Dealer, investment adviser, or associated person under
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chapter 517; or
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10. Clerk of the court,
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who knows, or has reasonable cause to suspect, that a vulnerable
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adult has been or is being abused, neglected, or exploited must
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immediately report such knowledge or suspicion to the central
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abuse hotline.
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Section 2. Section 415.1104, Florida Statutes, is created to read:
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415.1104 Title fraud prevention for specified adults.—
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(1) As used in this section, the term:
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(a) "Clerk" means any of the clerks of the circuit courts
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of this state.
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(b) "Not-for-profit legal aid organization" means a not-
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for-profit organization operated in this state which provides as
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its primary purpose civil legal services without charge to
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eligible clients in its judicial circuit.
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(c) "Quitclaim deed" means a legal document used to
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transfer a person's property interest to another party without
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any guarantees regarding the validity of the title. A quitclaim
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deed does not make any warranties or guarantees regarding the
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property's ownership history and simply transfers any ownership
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interest the seller may have to the buyer.
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(d) "Specified adult" means a natural person 65 years of
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age or older or a vulnerable adult as defined in s. 415.102.
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(e) "Subscribing witness" means a natural person who
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physically witnesses the signing of a deed or other instrument
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purporting to convey real property or an interest therein and
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who meets all of the following requirements:
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1. Is 18 years of age or older.
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2. Is of sound mind.
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3. Is not a party to the conveyance.
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4. Has no financial interest in the conveyance.
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(2) Any quitclaim deed purporting to convey real property
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or an interest therein from a specified adult must be executed
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in the presence of two subscribing witnesses.
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(3) Any quitclaim deed described in subsection (2) which
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is presented to the clerk may not be recorded until a 72-hour
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cooling-off period has elapsed after the quitclaim deed is
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presented to the clerk for recording.
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(4)(a) A specified adult may designate a person who may be
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contacted about any quitclaim deed purporting to convey real
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property or an interest therein through a power of attorney to
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be recorded with the clerk's office.
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(b) The clerk shall contact the person designated in the
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power of attorney before the 72-hour cooling-off period elapses.
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(c) The person designated in the power of attorney may
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object to the quitclaim deed described in subsection (2) being
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recorded. An objection made by such person must be in writing.
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(d) After an objection from the person designated in the
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power of attorney is made, the clerk's office must notify both
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the person who made the objection and the specified adult of
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their right to file a rescission of the quitclaim deed. The
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clerk shall provide the specified adult and person designated in
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the power of attorney with instructions on how to file the
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recission.
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(e) Once an objection is made in writing to the clerk's
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office, the clerk must automatically enroll the specified adult
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in the statewide Property Alert Service. The clerk's office must
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perform a preliminary investigation to determine whether the
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quitclaim deed was fraudulently conveyed. During this time, the
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clerk must notify the person designated in the power of attorney
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and the specified adult of the status of the investigation.
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(f) If further investigation into fraudulent activity is
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needed after the clerk's preliminary investigation, the case
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must be referred to a not-for-profit legal aid organization.
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(g) The not-for-profit legal aid organization may request
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additional time to investigate the matter. The clerk may not
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record the quitclaim deed described in subsection (2) until the
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not-for-profit legal aid organization makes a finding that the
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quitclaim deed was not obtained through fraudulent or
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exploitative means.
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(5) If there is no suspicion that the quitclaim deed has
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been obtained through fraudulent or exploitative means, the
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clerk must record the quitclaim deed described in subsection
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(2).
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(6) Notwithstanding the cooling-off period described in
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subsection (3), if the clerk or the not-for-profit legal aid
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organization suspects the quitclaim deed described in subsection
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(2) was obtained through fraudulent or exploitative means, the
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clerk or not-for-profit legal aid organization must refer the
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matter to the state attorney for further investigation and
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prosecution.
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(7) By October 1, 2027, the clerks shall provide materials
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in their respective offices which contain information written in
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plain language on the risks of conveying real property or an
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interest therein to another person, with an emphasis on
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protecting specified adults against fraud and exploitation.
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Section 3. For the purpose of incorporating the amendment
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made by this act to section 415.1034, Florida Statutes, in a
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reference thereto, subsection (2) of section 415.1105, Florida
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Statutes, is reenacted to read:
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415.1105 Training programs.—
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(2) Within available resources, the department shall
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cooperate with other appropriate agencies in developing and
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providing preservice and inservice training programs for those
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persons specified in s. 415.1034(1)(a).
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Section 4. This act shall take effect July 1, 2026.