HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1419 Real Property Fraud
SPONSOR(S): Judiciary Committee, Civil Justice Subcommittee, Robinson, W.
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1436
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 16 Y, 0 N, As CS Mawn Jones
2) Judiciary Committee 20 Y, 0 N, As CS Mawn Kramer
SUMMARY ANALYSIS
“Real property” is a piece of land and any artificial or natural property permanently attached to it, whether
above or beneath, such as a house, barn, or other structure, or sub-surface mineral. Under Florida law, a deed
is generally required to transfer title to real property from one person (the “grantor”) to another (the “grantee”).
Florida law recognizes several types of deeds, which convey different warranties of title, including a:
 General warranty deed, which must be in a statutorily-prescribed form and provides full warranties as to
title and the grantor’s right to convey it; and
 Quitclaim deed, for which there is no statutorily-prescribed form and which provides no warranties as to
title, conveying only whatever interest the grantor has in the property, if any.
No deed is effective unless it is properly recorded in the official records of the clerk of the circuit court where
the property lies, and the clerks may not record a deed unless certain statutory requirements are met, including
that the grantor signed the deed in the presence of a notary public and two witnesses. Recently, there has
been an increase in fraudulent real property conveyances in which a fraudster executes and records a deed
purporting to convey title to or an interest in real property to himself or herself or a third party without the
property owner’s knowledge or consent (“title fraud”). Such fraudulent deeds are legally void ab initio, meaning
they never have legal effect and thus never actually convey title or any property interest away from the true
owner. However, because the clerk serves a ministerial role, the clerk cannot look beyond the four corners of a
deed presented to determine its validity; thus, if it appears on the deed’s face that the statutory requirements
are met, the clerk must record the deed.
There are several civil remedies available to a title fraud victim, including a quiet title action. The state may
also bring certain criminal charges against the fraudster, if such person is apprehended.
CS/CS/HB 1419:
 Requires the clerks of the circuit court to create, maintain, and operate a free recording notification
service on or before July 1, 2024, to provide property owners who register for the service with early
notice that a land record, such as a deed, has been filed on their property.
 Prescribes the form for a quitclaim deed.
 Modifies Florida law relating to quiet title actions to expressly state that a quiet title action may be
based on a title fraud allegation; require the clerks to provide a simplified form for the filing of such
action; entitle a petitioner bringing such action to expedited summary procedure timeframes; and
require a court hearing such action to quiet title in and award a prevailing plaintiff with the same title
and rights to the land that the plaintiff enjoyed before the title fraud.
 Modifies requirements to record instruments affecting real property.
 Creates the Title Fraud Prevention Through Identity Verification Pilot Program, in which the Lee
County, Florida, clerk may require the production of a government-issued photographic identification
card in connection with the filing of a deed or other qualifying instrument in specified circumstances.
The bill does not appear to have a fiscal impact on state government but may have an indeterm inate fiscal
impact on local government. The bill provides an effective date of July 1, 2023, except as otherwise provided.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 4/19/2023
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Real Property Conveyances
“Real property” is a piece of land and any artificial or natural property permanently attached to it,
whether above or beneath, such as a house, barn, or other structure, or sub-surface mineral.1 Under
Florida law, a deed is generally required to transfer title to (that is, an ownership interest in) real
property from one person (the “grantor”) to another (the “grantee”). 2 Florida law recognizes several
types of deeds, which convey different warranties of title, including a:
 General warranty deed, which provides full warranties to the grantee that the grantor:
o Holds title to the property and has the right to convey it;
o Has not contracted to sell the property to another;
o Promises that there are no encumbrances, such as a lien, on the property, other than
those encumbrances previously disclosed;
o Assures that the grantee and his or her heirs and assigns will enjoy the property without
interruption or deprivation of possession;
o Promises to defend the grantee against anyone who later claims title to the property
after its conveyance; and
o Assures that he or she will take any necessary affirmative steps to further cure any
defects and protect the buyer, even from title defects dating back to before the grantor’s
ownership of the property to be conveyed; and
 Quitclaim deed, which provides no warranties as to title and conveys only that interest which the
grantor has in the property, if any.3
While Florida law prescribes a form for warranty deeds, it does not prescribe a form for quitclaim
deeds.4 Thus, quitclaim deeds filed in the state lack uniformity. However, the grantor of any deed must
sign the instrument in the presence of and have the instrument acknowledged by a notary public or
other statutorily-designated officer vested with the authority to acknowledge legal instruments.5 The
grantor must also sign the deed in the presence of two subscribing witnesses, 6 who in turn must sign
the deed in the presence of and have their signatures proved by a notary or other officer vested with
the authority to prove signatures.7 No acknowledgment or proof may be taken by any notary or other
officer unless such person knows, or has satisfactory proof, that the person:
 Making the acknowledgment is the individual described in, and who executed, the deed; or
 Offering to make proof is one of the subscribing witnesses to the deed.8
1 Legal Information Institute, Real Estate, https://www.law.cornell.edu/wex/real_estate (last visited April 19, 2023).
2 Real property may also be transferred in probate after the owner’s death.
3 Legal Information Institute, Deed, https://www.law.cornell.edu/wex/deed (last visited April 19, 2023).
4 S. 689.02, F.S.
5 For a full list of persons who may legalize or authenticate an instrument conveying real property, see s. 695.03(1)-(3), F.S.
6 A subscribing witness is a person who witnesses the grantor sign a document and signs it thereafter to indicate that he or sh e
witnessed the grantor’s signature thereon. Legal Information Institute, Sub scribing Witness,
https://www.law.cornell.edu/wex/subscribing_witness#:~:text=A%20subscribing%20witness%20is%20a,person%20has%20witnessed%
20those%20signatures (last visited April 19, 2023).
7 Ss. 689.01(1) and 695.03(3), F.S.
8 S. 695.09, F.S.
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 Recording Real Property Conveyances
No conveyance of title to or an interest in real property is effective unless it is properly recorded in the
official records of the clerk of the circuit court9 where the property lies, and the clerks may not record
any such instrument unless:
 The name of each of the instrument’s executors is legibly printed, typewritten, or stamped upon
such instrument immediately beneath the executor’s signature and such person’s post office
address is legibly printed, typewritten, or stamped upon such instrument;
 The name and post office address of the person who prepared the instrument are legibly
printed, typewritten, or stamped upon such instrument;
 The name of each witness to the instrument is legibly printed, typewritten, or stamped upon
such instrument immediately beneath his or her signature;
 The name of any notary public who whose signature appears on the instrument is legibly
printed, typewritten, or stamped upon such instrument immediately beneath his or her signature;
 A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch
space at the top right-hand corner on each subsequent page are reserved for the Clerk’s use;
and
 In any instrument other than a mortgage conveying or purporting to convey an interest in real
property, the name and post office address of each grantee in such instrument are legibly
printed, typewritten, or stamped upon such instrument. 10
All deeds recorded in the clerk’s office are deemed to have been accepted by the clerk, and officially
recorded, at the time the clerk or his or her deputy affixed on the deed the official register numbers 11
required under Florida law.12
Fraudulent Real Property Conveyances
In recent years, there has been an increase in fraudulent real property attempted conveyances in which
a fraudster executes and records a deed purporting to convey title to or an interest in real property to
himself or herself13 or a third party14 without the property owner’s knowledge or consent (“title fraud”).15
Such fraudulent deeds are legally void ab initio, meaning they never have legal effect and thus never
actually convey title or any property interest away from the true owner. 16 However, because the clerk
serves a ministerial17 role, the clerk and his or her employees cannot look beyond the four corners of a
deed presented for recording to determine its validity.18 Thus, if it appears on the deed’s face that the
above-mentioned statutory requirements are met, the Clerk must record the deed. Once such a deed is
recorded, it appears valid, and others may purchase the property from the fraudster or the third party
named as grantee in the deed in the belief that such person owns and has the right to sell the property.
To assist property owners in uncovering title fraud, many clerks throughout the state offer a free
notification service that alerts a property owner who registers for the service whenever an instrument
9 The State Constitution mandates that there be an elected clerk of the circuit court (“clerk”) in each of Florida’s 67 countie s to perform
specified functions, including official records recorder. Art. V., s. 16 and Art. VIII, s. 1, Fla. Const.
10
Ss. 695.01 and 695.26, F.S.
11 The “register numbers” are the filing numbers assigned to and affixed on each instrument filed for record, which numbers the clerk
must enter in a register available at each office where official records may be filed. S. 28.222.
12 Ss. 28.222 and 695.11, F.S.
13 See, example, Mike DeForest, Florida Man Accused of Using Fake Deeds to Take Ownership of Two Homes, Click Orlando (Sept.
12, 2022), https://www.clickorlando.com/news/investigators/2022/09/12/florida -man-used-fake-deeds-to-take-ownership-of-2-homes-
court-records-claim-heres-how/ (last visited April 19, 2023).
14 See, example, Mike DeForest, ‘Be Aware:’ Identity Thief Uses Fraudulent Deed to Take Orange County Man’s Property , Click
Orlando (May 16, 2022), https://www.clickorlando.com/news/investigators/2022/05/16/be-aware-identity-thief-uses-fraudulent-deed-to-
take-orange-county-mans-property/ (last visited April 19, 2023).
15 Joseph M. Bialek, Florida Focus: Protect Yourself from Identity Thieves Using Fraudulent Deeds, Law Alert (Nov. 9, 2022),
https://www.porterwright.com/media/florida-focus-protect-yourself-from-identity-thieves-using-fraudulent-deeds/ (last visited April 19,
2023).
16 Legal Information Institute, Ab Initio, https://www.law.cornell.edu/wex/ab_initio (last visited April 19, 2023).
17 “Ministerial” means taking actions in a prescribed manner in obedience to the mandate of legal authority, without the exercis e of the
person’s own judgment or discretion as to the propriety of the actions taken. S. 112.312(17), F.S.
18 See s. 28.222, F.S., providing that the Clerk of the Circuit Court “shall record the following kinds of instruments presented to him or
her for recording, upon payment of the service charges prescribed by law: (a) Deeds…”; Art. V, s. 16, Fla. Const.
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 purporting to convey title to the owner’s real property, such as a deed, is recorded in the county’s
official records.19 This service does not prevent the recording of the deed, but rather puts the property
owner on notice that he or she may need to contact an attorney or law enforcement to report the fraud
and take steps necessary to undo the fraudulent conveyance. However, such a service is not currently
mandated by or standardized in Florida law.
Available Civil Remedies
A title fraud victim has several civil remedies available to him or her, which are not necessarily
exclusive remedies; in other words, the plaintiff may pursue multiple civil remedies where not otherwise
prohibited from doing so by law.
Quiet Title Action
A real property owner who believes that he or she has been the victim of title fraud can file a lawsuit
asking the court to quiet title to the property – that is, determine who is the property’s true owner.20 In
such a lawsuit, known as a quiet title action, the plaintiff must generally prove his or her title (that is,
right of ownership) from the original source for a period of at least seven years before filing the
complaint and set forth in the complaint the official records book and page number of the instrument
allegedly affecting the plaintiff’s title.21 If, based on the evidence, it appears that the plaintiff is the
property’s rightful owner, or if a default is entered against the defendant (in which case no evidence
need be presented), the court must enter judgment removing the alleged cloud from the title and
quieting title in the plaintiff.22 Such final judgment is then recorded in the official records of the county
where the property lies, overriding the fraudulent deed. 23
Declaratory Judgment
As an alternative to a quiet title action, a real property owner who believes that he or she has been the
victim of title fraud may petition the court for a declaratory judgment, which is a binding judgment
defining the legal relationship between specified parties and their rights in a specified matter, whether
or not further relief is or could be claimed, which judgment has the force of a final judgment. 24 The test
for a declaratory judgment claim is not whether the evidence shows that the plaintiff will prevail, but
whether there is a bona fide dispute such that the plaintiff is entitled to a declaration of his or her
rights.25 A plaintiff must also show a bona fide, actual, present, and practical need for the declaration,
but these requirements may be met if the plaintiff shows that “ripening seeds of controversy” make
litigation in the immediate future seem unavoidable.26
19 See, example, Clerk of the Court & Comptroller, Lee County, Florida, Property Fraud Alert,
https://www.leeclerk.org/services/property-fraud-alert (last visited April 19, 2023).
20 Ch. 65, F.S.
21 Id.
22 Id.
23 Id.
24 S. 86.011, F.S.; Legal Information Institute, Declaratory Judgment,
https://www.law.cornell.edu/wex/declaratory_judgment#:~:text=A%20declaratory%20judgment%20is%20a,means%20to%20resolve%2
0this%20uncertainty (last visited April 19, 2023).
25 Rigb y v. Liles, 505 So. 2d 598 (Fla. 1st DCA 1987).
26 Kelner v. Woody, 399 So. 2d 35 (Fla. 3d DCA 1981); So. Riverwalk Invs., LLC v. City of Ft. Lauderdale, 934 So. 2d 620 (Fla. 4th
DCA 2006).
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 Available Protections for Third-Party Purchasers
Title Search
A title search is an in-depth examination of a property’s history, including the public records pertaining
to the property, typically conducted by a real estate attorney or title agent (“title examiner”) before a
property’s sale to determine who holds title to or has an interest in the property and whether any claims
or encumbrances might affect the transfer of ownership. 27 After the examination concludes, the title
examiner will issue a title report disclosing his or her findings.
Lenders issuing mortgage loans to real property buyers generally require a title search before closing to
protect their investment, as will title agencies issuing title insurance. However, Florida law does not
otherwise require a title search, and a buyer who