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Bill > S0116


FL S0116

FL S0116
Protection of Specified Persons Against the Fraudulent and Exploitative Conveyance of Property Interests


summary

Introduced
10/07/2025
In Committee
10/21/2025
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An act relating to the protection of specified persons against the fraudulent and exploitative conveyance of property interests; amending s. 415.1034, F.S.; revising the list of persons who must report abuse, neglect, or exploitation of vulnerable adults to include the clerk of the court; creating s. 415.1104, F.S.; defining terms; requiring that any deed or instrument purporting to convey real property or an interest therein be executed in the presence of a specified number of independent witnesses; prohibiting the recording of such deeds or instruments with the clerk until after a specified cooling-off period has elapsed; authorizing a specified adult to file with the clerk the contact information of a trusted person; requiring the clerk to contact the trusted person before the cooling-off period elapses; authorizing the trusted person to object in writing to the deed or instrument being recorded; providing that an objection from a trusted person triggers another specified cooling-off period; requiring the clerk to refer an objection to a not-for-profit legal aid organization to investigate whether the deed or instrument was obtained through fraudulent or exploitative means; authorizing the not-for-profit legal aid organization to request additional time to investigate the matter; prohibiting the clerk from recording the deed or instrument until after the not-for-profit legal aid organization has concluded the deed or instrument was not obtained through fraudulent or exploitative means; requiring the clerk to record the deed or instrument if no fraud or exploitation of a vulnerable adult is suspected; requiring a clerk or not-for-profit legal aid organization that suspects a deed or instrument was obtained through fraudulent or exploitative means to refer the matter to the state attorney for further investigation and prosecution; requiring the clerks, by a specified date, to provide in their offices certain materials written in plain language; reenacting s. 415.1105(2), F.S., relating to training programs, to incorporate the amendment made to s. 415.1034, F.S., in a reference thereto; providing an effective date.

AI Summary

This bill aims to protect vulnerable adults, specifically those 65 years and older, from fraudulent property conveyance by establishing new requirements for real estate transactions. The bill adds the clerk of the court to the list of mandatory reporters of abuse, neglect, or exploitation of vulnerable adults and creates a new process for property deed transactions. Under the new provisions, any deed involving a specified adult must be executed in the presence of two independent witnesses and cannot be immediately recorded. Instead, there is a mandatory 72-hour cooling-off period during which the specified adult can register a trusted person who will be contacted by the clerk. If the trusted person objects to the deed, another 72-hour period is triggered, and a not-for-profit legal aid organization will investigate whether the deed was obtained through fraudulent or exploitative means. The clerk is prohibited from recording the deed until the legal aid organization confirms no fraud is suspected. If fraud is suspected at any point, the matter must be referred to the state attorney for further investigation. Additionally, by October 2027, clerks must provide materials in their offices explaining the risks of property conveyance, with a focus on protecting specified adults from fraud and exploitation. The bill is designed to create additional safeguards for vulnerable adults during real estate transactions.

Sponsors (1)

Last Action

Introduced (on 01/13/2026)

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