Effective August 1, 2023. Florida has implemented protective measures in Lee County to prevent property fraud, making it more difficult for thieves to illegitimately claim ownership of properties. Lee County serves as the pilot location for a new program aiming to prevent property fraud through identity verification. The program requires government-issued photo identifications from grantors and grantees when recording property deeds, whether in person or by mail. These identifications are kept securely at the Clerk’s office for law enforcement purposes in suspected fraud cases. The initiative, titled “Title Fraud Prevention Through Identity Verification Pilot Program,” has been approved by the Florida legislature and will be tested in Lee County for two years. If successful, it may be proposed for statewide implementation.

Florida Statute 28.2225 outlines identification requirements for real estate conveyance recorded in the Official Records. All involved parties, including grantors, grantees, or those with an interest in the property, must provide a government-issued photo ID. The ID must be presented at the time of recording and meet specific criteria:

• Photocopies of IDs are accepted if they display clear and legible name and address.

• IDs presented via electronic devices or with redacted information other than name, address, photo, and signature will not be accepted.

• Those signing for grantors or grantees must provide a photocopy of their ID, along with their role indicated.

• Names on the ID should closely match the names on the deed document, with slight abbreviation allowed but not more than what’s on the ID.

• Expired IDs are acceptable if the name matches the deed document.

• Acceptable IDs include driver’s licenses, passports, state ID cards, military IDs, Matricula Consular ID cards, and U.S. Permanent Resident cards. Non-compliance can lead to the refusal or suspension of recording a deed, especially when IDs are missing, unclear, redacted, or mismatched.

Furthermore, deeds for recording should comply with F.S. 695.26, and electronically recorded (eRecord) deeds are currently exempt from these identification requirements until the appropriate software updates are made available by eRecording service companies. However, once the software is accessible and communicated, eRecorders must comply within thirty days of notice.

For inquiries regarding the new deed recording requirements in Lee County, individuals can seek information from an estate planning attorney at Celej Law PLLC in Fort Myers, Florida.

Legal Disclaimer: The information presented in this blog post is for general informational purposes and should not be construed as legal advice. Consult with a qualified attorney for personalized legal guidance. Please review the full disclaimer for more information.