FL HB 1195

Quick answers

Description

Protection of Specified Persons Against the Fraudulent and Exploitative Conveyance of Property Interests; Revises persons who must report abuse, neglect, or exploitation of vulnerable adults to include clerk of court; requires quitclaim deed be executed in presence of specified number of subscribing witnesses; prohibits recording of such deeds until after specified cooling-off period; authorizes specified adult to designate certain person through filing of power of attorney; requires clerk to contact such person before cooling-off period elapses; authorizes person designated in power of attorney to object in writing to quitclaim deed being recorded; requires clerk to notify persons of right to file rescission; requires clerk to enroll specified adult in statewide Property Alert Service; requires clerk to conduct preliminary investigation; requires clerk to refer objection to not-for-profit legal aid organization for further investigation; authorizes not-for-profit legal aid organization to request additional time to investigate; requires clerk to record quitclaim deed if no fraud or exploitation of specified adult is suspected; requires clerk or not-for-profit legal aid organization that suspects quitclaim deed was obtained through fraudulent or exploitative means to refer matter to state attorney for further investigation & prosecution; requires clerks to provide certain materials written in plain language.