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Bill > H1195

FL H1195

FL H1195
Protection of Specified Persons Against the Fraudulent and Exploitative Conveyance of Property Interests

summary

Introduced
01/08/2026
In Committee
01/15/2026
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.; providing definitions; requiring that any quitclaim deed purporting to convey real property or an interest therein from a specified adult be executed in the presence of a specified number of subscribing witnesses; prohibiting the recording of such deeds with the clerk until after a specified cooling-off period has elapsed; authorizing a specified adult to designate a certain person through a power of attorney recorded with the clerk; requiring the clerk to contact the person designated in the power of attorney before the cooling-off period elapses; authorizing such person to object in writing to the quitclaim deed being recorded; requiring the clerk to notify specified persons of their right to file a recission of the quitclaim deed; requiring the clerk to provide instructions on how to file such recission; requiring the clerk to enroll the specified adult in the statewide Property Alert Service if an objection is made; requiring the clerk to conduct a preliminary investigation and provide notification on the status of the investigation; requiring the clerk to refer an objection to a not-for-profit legal aid organization if further investigation is needed; authorizing the not-for-profit legal aid organization to request additional time to investigate the matter; prohibiting the clerk from recording the quitclaim deed until after the not-for-profit legal aid organization has concluded the quitclaim deed was not obtained through fraudulent or exploitative means; requiring the clerk to record the quitclaim deed if no fraud or exploitation of a specified adult is suspected; requiring a clerk or not-for-profit legal aid organization that suspects a quitclaim deed 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 specified adults, defined as individuals aged 65 or older or vulnerable adults, from fraudulent and exploitative property transfers, particularly through quitclaim deeds, which are legal documents that transfer property interest without guaranteeing ownership history. The bill expands the list of individuals required to report suspected abuse, neglect, or exploitation of vulnerable adults to include clerks of the court. It mandates that quitclaim deeds from specified adults must be signed in the presence of two subscribing witnesses, who are individuals over 18, of sound mind, and not involved in the transaction. Furthermore, these deeds cannot be recorded by the clerk of the court until a 72-hour "cooling-off period" has passed after submission. A specified adult can designate someone through a recorded power of attorney to be notified before this period ends, and this designated person can object to the deed's recording. If an objection is made, the clerk must inform both parties of their right to rescind the deed and provide instructions. The clerk will then enroll the specified adult in a statewide property alert system and conduct a preliminary investigation; if further investigation is needed, the case will be referred to a not-for-profit legal aid organization. The clerk cannot record the deed until the legal aid organization confirms it was not obtained through fraud or exploitation. If fraud or exploitation is suspected by either the clerk or the legal aid organization, the matter must be reported to the state attorney for prosecution. By October 1, 2027, clerks must also provide plain-language information in their offices about the risks of property conveyances and how to protect against fraud.

Committee Categories

Justice

Sponsors (1)

Last Action

Now in Civil Justice & Claims Subcommittee (on 01/15/2026)
(1 Companion Bills)

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