Read the full stored bill text
HB 1195 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1195-00
Page 1 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the protection of specified persons 2
against the fraudulent and exploitative conveyance of 3
property interests; amending s. 415.1034, F.S.; 4
revising the list of persons who must report abuse, 5
neglect, or exploitation of vulnerable adults to 6
include the clerk of the court; creating s. 415.1104, 7
F.S.; providing definitions; requiring that any 8
quitclaim deed purporting to convey real property or 9
an interest therein from a specified adult be executed 10
in the presence of a specified number of subscribing 11
witnesses; prohibiting the recording of such deeds 12
with the clerk until after a specified cooling-off 13
period has elapsed; authorizing a specified adult to 14
designate a certain person through a power of attorney 15
recorded with the clerk; requiring the clerk to 16
contact the person designated in the power of attorney 17
before the cooling-off period elapses; authorizing 18
such person to object in writing to the quitclaim deed 19
being recorded; requiring the clerk to notify 20
specified persons of their right to file a recission 21
of the quitclaim deed; requiring the clerk to provide 22
instructions on how to file such recission; requiring 23
the clerk to enroll the specified adult in the 24
statewide Property Alert Service if an objection is 25
HB 1195 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1195-00
Page 2 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
made; requiring the clerk to conduct a preliminary 26
investigation and provide notification on the status 27
of the investigation; requiring the clerk to refer an 28
objection to a not-for-profit legal aid organization 29
if further investigation is needed; authorizing the 30
not-for-profit legal aid organization to request 31
additional time to investigate the matter; prohibiting 32
the clerk from recording the quitclaim deed until 33
after the not-for-profit legal aid organization has 34
concluded the quitclaim deed was not obtained through 35
fraudulent or exploitative means; requiring the clerk 36
to record the quitclaim deed if no fraud or 37
exploitation of a specified adult is suspected; 38
requiring a clerk or not-for-profit legal aid 39
organization that suspects a quitclaim deed was 40
obtained through fraudulent or exploitative means to 41
refer the matter to the state attorney for further 42
investigation and prosecution; requiring the clerks, 43
by a specified date, to provide in their offices 44
certain materials written in plain language; 45
reenacting s. 415.1105(2), F.S., relating to training 46
programs, to incorporate the amendment made to s. 47
415.1034, F.S., in a reference thereto; providing an 48
effective date. 49
50
HB 1195 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1195-00
Page 3 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 51
52
Section 1. Paragraph (a) of subsection (1) of section 53
415.1034, Florida Statutes, is amended to read: 54
415.1034 Mandatory reporting of abuse, neglect, or 55
exploitation of vulnerable adults; mandatory reports of death.— 56
(1) MANDATORY REPORTING.— 57
(a) A Any person, including, but not limited to, a any: 58
1. Physician, osteopathic physician, medical examiner, 59
chiropractic physician, nurse, paramedic, emergency medical 60
technician, or hospital personnel engaged in the admission, 61
examination, care, or treatment of vulnerable adults; 62
2. Health professional or mental health professional other 63
than one listed in subparagraph 1.; 64
3. Practitioner who relies solely on spiritual means for 65
healing; 66
4. Nursing home staff; assisted living facility staff; 67
adult day care center staff; adult family-care home staff; 68
social worker; or other professional adult care, residential, or 69
institutional staff; 70
5. State, county, or municipal criminal justice employee 71
or law enforcement officer; 72
6. Employee of the Department of Business and Professional 73
Regulation conducting inspections of public lodging 74
establishments under s. 509.032; 75
HB 1195 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1195-00
Page 4 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
7. Florida advocacy council or Disability Rights Florida 76
member or a representative of the State Long-Term Care Ombudsman 77
Program; 78
8. Bank, savings and loan, or credit union officer, 79
trustee, or employee; or 80
9. Dealer, investment adviser, or associated person under 81
chapter 517; or 82
10. Clerk of the court, 83
84
who knows, or has reasonable cause to suspect, that a vulnerable 85
adult has been or is being abused, neglected, or exploited must 86
immediately report such knowledge or suspicion to the central 87
abuse hotline. 88
Section 2. Section 415.1104, Florida Statutes, is created 89
to read: 90
415.1104 Title fraud prevention for specified adults.— 91
(1) As used in this section, the term: 92
(a) "Clerk" means any of the clerks of the circuit courts 93
of this state. 94
(b) "Not-for-profit legal aid organization" means a not-95
for-profit organization operated in this state which provides as 96
its primary purpose civil legal services without charge to 97
eligible clients in its judicial circuit. 98
(c) "Quitclaim deed" means a legal document used to 99
transfer a person's property interest to another party without 100
HB 1195 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1195-00
Page 5 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
any guarantees regarding the validity of the title. A quitclaim 101
deed does not make any warranties or guarantees regarding the 102
property's ownership history and simply transfers any ownership 103
interest the seller may have to the buyer. 104
(d) "Specified adult" means a natural person 65 years of 105
age or older or a vulnerable adult as defined in s. 415.102. 106
(e) "Subscribing witness" means a natural person who 107
physically witnesses the signing of a deed or other instrument 108
purporting to convey real property or an interest therein and 109
who meets all of the following requirements: 110
1. Is 18 years of age or older. 111
2. Is of sound mind. 112
3. Is not a party to the conveyance. 113
4. Has no financial interest in the conveyance. 114
(2) Any quitclaim deed purporting to convey real property 115
or an interest therein from a specified adult must be executed 116
in the presence of two subscribing witnesses. 117
(3) Any quitclaim deed described in subsection (2) which 118
is presented to the clerk may not be recorded until a 72-hour 119
cooling-off period has elapsed after the quitclaim deed is 120
presented to the clerk for recording. 121
(4)(a) A specified adult may designate a person who may be 122
contacted about any quitclaim deed purporting to convey real 123
property or an interest therein through a power of attorney to 124
be recorded with the clerk's office. 125
HB 1195 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1195-00
Page 6 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) The clerk shall contact the person designated in the 126
power of attorney before the 72-hour cooling-off period elapses. 127
(c) The person designated in the power of attorney may 128
object to the quitclaim deed described in subsection (2) being 129
recorded. An objection made by such person must be in writing. 130
(d) After an objection from the person designated in the 131
power of attorney is made, the clerk's office must notify both 132
the person who made the objection and the specified adult of 133
their right to file a rescission of the quitclaim deed. The 134
clerk shall provide the specified adult and person designated in 135
the power of attorney with instructions on how to file the 136
recission. 137
(e) Once an objection is made in writing to the clerk's 138
office, the clerk must automatically enroll the specified adult 139
in the statewide Property Alert Service. The clerk's office must 140
perform a preliminary investigation to determine whether the 141
quitclaim deed was fraudulently conveyed. During this time, the 142
clerk must notify the person designated in the power of attorney 143
and the specified adult of the status of the investigation. 144
(f) If further investigation into fraudulent activity is 145
needed after the clerk's preliminary investigation, the case 146
must be referred to a not-for-profit legal aid organization. 147
(g) The not-for-profit legal aid organization may request 148
additional time to investigate the matter. The clerk may not 149
record the quitclaim deed described in subsection (2) until the 150
HB 1195 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1195-00
Page 7 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
not-for-profit legal aid organization makes a finding that the 151
quitclaim deed was not obtained through fraudulent or 152
exploitative means. 153
(5) If there is no suspicion that the quitclaim deed has 154
been obtained through fraudulent or exploitative means, the 155
clerk must record the quitclaim deed described in subsection 156
(2). 157
(6) Notwithstanding the cooling-off period described in 158
subsection (3), if the clerk or the not-for-profit legal aid 159
organization suspects the quitclaim deed described in subsection 160
(2) was obtained through fraudulent or exploitative means, the 161
clerk or not-for-profit legal aid organization must refer the 162
matter to the state attorney for further investigation and 163
prosecution. 164
(7) By October 1, 2027, the clerks shall provide materials 165
in their respective offices which contain information written in 166
plain language on the risks of conveying real property or an 167
interest therein to another person, with an emphasis on 168
protecting specified adults against fraud and exploitation. 169
Section 3. For the purpose of incorporating the amendment 170
made by this act to section 415.1034, Florida Statutes, in a 171
reference thereto, subsection (2) of section 415.1105, Florida 172
Statutes, is reenacted to read: 173
415.1105 Training programs.— 174
(2) Within available resources, the department shall 175
HB 1195 2026
CODING: Words stricken are deletions; words underlined are additions.
hb1195-00
Page 8 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
cooperate with other appropriate agencies in developing and 176
providing preservice and inservice training programs for those 177
persons specified in s. 415.1034(1)(a). 178
Section 4. This act shall take effect July 1, 2026. 179