HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 285 Pub. Rec./Recording Notification Service
SPONSOR(S): Ethics, Elections & Open Government Subcommittee, Civil Justice Subcommittee,
Hunschofsky, Daniels, and others
TIED BILLS: IDEN./SIM. BILLS: SB 1000
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 18 Y, 0 N, As CS Mawn Jones
2) Ethics, Elections & Open Government 16 Y, 0 N, As CS Rando Toliver
Subcommittee
3) Judiciary Committee 22 Y, 0 N Mawn Kramer
SUMMARY ANALYSIS
“Real property” is a piece of land and any artificial or natural property permanently attached to it. Under Florida law,
a deed is generally required to transfer title to real property from one person (the “grantor”) to another (the
“grantee”). 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 herse lf or a third party without the property
owner’s knowledge or consent (“title fraud”). Such fraudulent deeds may be legally void ab initio, meaning they
never have legal effect and thus never actually convey title or any property interest away from the tru e owner.
However, because the clerk serves a ministerial role, the clerk may not look beyond the four corners of a deed
presented to determine its validity; if it appears on the deed’s face that the statutory requirements are met, the clerk
must record the deed.
In 2023, the Legislature passed CS/CS/HB 1419 which, in pertinent part, required the clerks of the circuit court (and
authorized the property appraisers) to create a free recording notification service on or before July 1, 2024, to
provide property owners registered for the service with early notice, by electronic mail, that a land record, such as a
deed, has been filed on their property. Some clerks and property appraisers also offer related services for which a
person may register to receive notice of a potentially fraudulent property transfer by an alternative form of
communication (“related service”).
CS/CS/HB 285 creates a public record exemption for all electronic mail addresses, telephone numbers, personal
and business names, and parcel identification numbers submitted to the clerks or property appraisers by persons
who register for a recording notification service or a related service. Under the bill, such information would be
confidential and exempt from public inspection except upon court order, and the exemption applies to information
held by the clerks or property appraisers before, on, and after the bill’s effective date.
In accordance with the Open Government Sunset Review Act, the bill specifies that t he exemption shall stand
repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment. The bill also provides a
statement of public necessity as required by the Florida Constitution.
The bill does not appear to have a fiscal impact on state government but may have an insignificant fiscal impact on
local governments.
The bill provides an effective date of upon becoming a law.
Article I, s. 24(c) of the Florida Constitution requires a two -thirds vote of the members present and v oting
for final passage of a newly-created or expanded public record exemption. The bill creates a public record
exemption; thus, it requires a two-thirds vote for final passage.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Real Property Fraud
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.3
 Quitclaim deed, which provides no warranties as to title and conveys only that interest which the
grantor has in the property, if any.4
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
Recording Real Property Conveyances
1 Legal Information Institute, Real Estate, https://www.law.cornell.edu/wex/real_estate (last visited Jan. 23, 2024).
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 Jan. 23, 2024).
4 Id.
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 Jan. 23, 2024).
7 Ss. 689.01(1) and 695.03(3), F.S.
8 S. 695.09, F.S.
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 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.10 The clerk may not generally
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 and the post office address of each
such person is legibly printed, typewritten, and stamped upon such instrument;
 The name of any notary public 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. 11
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 12
required under Florida law.13
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 herself14 or a third party15 without the property owner’s knowledge or consent (“title fraud”).16
Such fraudulent deeds may be 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. 17 However, because the
clerk serves a ministerial18 role, the clerk and his or her employees may not look beyond the four
corners of a deed presented for recording to determine its validity. 19 Thus, if it appears on the deed’s
face that the above-mentioned statutory requirements are met, the clerk must record the deed. Upon
recording, the deed 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.
9 The State Constitution mandates that there be an elected clerk of the circuit court (“clerk”) in each of Florida’s 67 counties to perform
specified functions, including official records recorder. Art. V., s. 16 and art. VIII, s. 1, Fla. Const.
10 S. 695.01, F.S.
11
These requirements do not apply to documents executed, acknowledged, or proved out of state. S. 695.26, F.S.
12 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, F.S.
13 Ss. 28.222 and 695.11, F.S.
14 See 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 Jan. 23, 2024).
15 See 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 Jan. 23, 2024).
16 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 Jan. 23,
2024).
17 Legal Information Institute, Ab Initio, https://www.law.cornell.edu/wex/ab_initio (last visited Jan. 23, 2024).
18 “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.
19 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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 To assist property owners in uncovering title fraud, many clerks throughout the state began offering a
free recording notification service that alerts a property owner who registers for the service whenever
an instrument purporting to convey title to the owner’s real property, such as a deed, is recorded in the
county’s official records.20 This service does not prevent the recording of the deed, but rather puts the
true 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, before July 1,
2023, the service was not mandated by or standardized in Florida law.
2023 CS/CS/HB 1419
In 2023, the Legislature passed CS/CS/HB 1419 to address real property fraud in the State.21 The bill,
in pertinent part, created s. 28.47, F.S., to require the clerks of the circuit court to, on or before July 1,
2024, create, maintain, and operate a free recording notification service, open to all persons wishing to
register for the service, to provide property owners with early notice that a land record has been filed on
their property. Under the provisions of the bill, a registrant provides a valid electronic mail address to
the clerk along with the name and/or property address he or she wishes to monitor; the clerk then
notifies the registrant by electronic mail when a land record is filed pertaining to the registrant’s
monitored name or property.
The bill specified that registration for the recording notification service must be made possible through
an electronic registration portal, which portal must:
 Be accessible through a direct link on the home page of the clerk’s official public website;
 Allow a registrant to subscribe to receive recording notifications for at least five monitored
identities per valid electronic mail address provided;
 Include a method by which a registrant may unsubscribe from the service;
 List a phone number at which the clerk’s office may be reached for questions related to the
service during normal business hours; and
 Send an automated electronic mail message to a registrant confirming his or her successful
registration for or action to unsubscribe from the service, which message must identify each
monitored identity for which a subscription was received or canceled.
Further, the bill required that, when a land record is recorded for a monitored identity, a recording
notification must be sent within 24 hours of the recording to each registrant who is subscribed to
receive recording notifications for that monitored identity. Such notification must contain:
 Information identifying the monitored identity for which the land record was filed;
 The land record’s recording date;
 The official records book and page number or instrument number assigned to the land record by
the clerk;
 Instructions for electronically searching for and viewing the land record using the assigned
official record book and page number or instrument number; and
 A phone number at which the clerk’s office may be contacted during normal business hours with
questions related to the recording notification.
20 See, example, Clerk of the Court & Comptroller, Lee County, Florida, Property Fraud Alert,
https://www.leeclerk.org/services/property-fraud (last visited Jan. 23, 2024).
21 Ch. 2023-238, L.O.F.
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 Finally, the bill provided that:
 There is no right or cause of action against, and no civil liability on the part of, the clerk with
respect to the creation, maintenance, or operation of a recording notification service.
 Nothing in s. 28.47, F.S., may be construed to require the clerk to provide or allow access to a
record or information which is confidential and exempt 22 from s. 119.071, F.S., and s. 24(a), Art.
I of the State Constitution or to otherwise violate Florida’s public record laws.
 S. 28.47, F.S., applies to county property appraisers that have adopted an electronic land
record notification service before the bill’s effective date, but where a land record is recorded for
a monitored identity, notice through the property appraiser’s service must be sent within 24