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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 28
CLERKS OF THE CIRCUIT COURTS
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F.S. 28.2225
28.2225 Title fraud prevention through identity verification; pilot program.There is created in Lee County the Title Fraud Prevention Through Identity Verification Pilot Program.
(1) As used in this section, the term “clerk” means the clerk of the circuit court for Lee County.
(2) Notwithstanding any other provision to the contrary in this chapter, when a deed or other instrument purporting to convey real property or an interest therein is presented to the clerk for recording, the clerk may require the person presenting the deed or other instrument to produce a government-issued photographic identification card as follows:
(a) If a person presents a deed or other instrument purporting to convey real property or an interest therein to the clerk for recording in person, the clerk may require the person to produce a government-issued photographic identification card for inspection by the clerk before recording the deed or other instrument. The clerk must record the name and address of such person, as the information appears on the identification card, in a record to be kept by the clerk, along with the official records book and page number or instrument number of the deed or other instrument recorded in connection to the production of the identification card. Such a record may not be made available for viewing on the clerk’s official public website but shall be made available for public inspection and copying as required by the public records laws of this state.
(b) If a person presents a deed or other instrument purporting to convey real property or an interest therein to the clerk for recording through an electronic recording service, the clerk may require the person to submit a photocopy of a government-issued photographic identification card before recording the deed or other instrument. The clerk must note on the photocopy of the identification card the official records book and page number or instrument number assigned to the deed or other instrument recorded in connection to the submission of the photocopy of the identification card and retain the photocopy of such identification card in a record to be kept by the clerk. Such a record may not be made available for viewing on the clerk’s official public website but shall be made available for public inspection and copying as required by the public records laws of this state. However, a person who submits a photocopy of his or her identification card under this paragraph may redact from the photocopy of such identification card before submission all of the information he or she does not wish to be made public, except for his or her name, address, and photograph.

The clerk may refuse to record a deed or other instrument purporting to convey real property or an interest therein when the clerk requires the production of a government-issued photographic identification card as specified in this subsection and the person presenting the deed or other instrument for recording does not produce the requested identification card in compliance with this subsection.

(3) A clerk who participates in the pilot program must:
(a) Provide notice of the government-issued photographic identification card requirement on the clerk’s official public website.
(b) Require the production of a government-issued photographic identification card from all persons presenting a deed or other qualifying instrument for recording, whether in person or through an electronic recording service, until the clerk no longer participates in the pilot program and provides notice that the production of such an identification card is no longer required on the clerk’s official public website.
(c) By December 31, 2025, submit a report containing the following information to the Governor, the President of the Senate, and the Speaker of the House of Representatives:
1. The number of persons who presented a deed or other qualifying instrument for recording:
a. In person.
b. Through an electronic recording service.
2. The types of identification cards produced in connection with the presentation of deeds or other qualifying instruments for recording, and the number of each type.
3. Feedback received from the community, if any, in response to the clerk’s participation in the pilot program.
4. Whether the pilot program led to the identification of any persons suspected or accused of fraudulently conveying, or attempting to fraudulently convey, real property, and the outcome of any criminal charges or civil actions brought against such persons.
5. The clerk’s recommendation as to whether the production of a government-issued photographic identification card in connection with the presentation of a deed or other instrument for recording is appropriate to require throughout this state.
6. Any other information the clerk deems necessary.
(4) This section does not require the clerk to provide or allow access to a record or other information that is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution or to otherwise violate the public records laws of this state.
(5) This section is repealed on July 1, 2025.
History.s. 1, ch. 2023-238.