Changes regarding Real Property Deeds in FL
In a move aimed at combating title fraud and enhancing security measures, significant changes have been introduced to the process of identifying individuals involved in the conveyance of real property deeds within Lee County, Florida. These updates, outlined under Section 28.2225 of the Florida State Statutes, establish the Title Fraud Prevention Through Identity Verification Pilot Program.
What You Need to Know:
1. Identification Requirements:
- In-Person Presentations: When presenting a deed or any instrument for recording in person, the clerk of the circuit court for Lee County may now require the individual to produce a government-issued photographic identification card.
- Electronic Submissions: For deeds submitted through an electronic recording service, a photocopy of a government-issued photographic identification card must be submitted alongside the deed.
2. Recording Procedures:
- The clerk will record the name and address of the person presenting the deed, based on the information from the identification card. This record will be kept alongside the official records book and page number or instrument number of the recorded deed.
- For electronic submissions, the photocopy of the identification card will be noted with the corresponding official records book and page number or instrument number.
3. Redaction Option:
- Individuals submitting photocopies of their identification cards may redact all information except for their name, address, and photograph before submission.
4. Clerk's Discretion:
- Failure to produce the required identification may result in the clerk refusing to record the deed or instrument.
5. Pilot Program Requirements:
- Participating clerks must prominently display the identification card requirement on their official public websites.
- This program remains in effect until July 1, 2025, after which its continuation will be evaluated based on the pilot program's outcomes.
6. Reporting and Evaluation:
- By December 31, 2025, participating clerks must submit a comprehensive report on the program's effectiveness. This report includes:
- Number and type of deeds presented for recording.
- Feedback from the community.
- Instances of identified fraudulent activity and their outcomes.
- Recommendations regarding the extension of identification requirements statewide.
7. Confidentiality and Compliance:
- The program respects the confidentiality of exempt records and complies with Florida's public records laws.
Conclusion
These legislative changes are pivotal in safeguarding real property transactions against fraudulent activities in Lee County, Florida. Notaries and individuals involved in the preparation and recording of real property deeds must familiarize themselves with these updated identification requirements to ensure compliance and contribute to the program's success. Stay informed and be proactive in supporting secure property transactions in our community.
For more detailed information, you can refer directly to Section 28.2225 of the Florida State Statutes or consult your local clerk's office.
Stay vigilant, stay informed!
