Fraudulent Recording Bill

04/30/2013 8:30 PM | Anonymous
4-30-13  The Fraudulent Recording Bill was unanimously adopted by the house and will be sent to the Governor for signature. 

4-29-13  The Senate version of the bill was substituted for the house version, and second reading occurred this morning. 

4-16-13  The house version of this bill was adopted by the full Judiciary Committee by a 17-0 vote and is now postured for consideration by the full House. 

4-11-13  SB 112 was adopted by the full Senate in a 39-0 vote. 

4-3-13 SB 112 was approved 16-0 with a CS by the Senate Rules committee, completing its last committee stop in the senate.   The house companion, HB 915 is on the agenda for the house Justice Appropriations committee tomorrow morning

3-28-13  SB 112 is on the calendar for its final committee stop on Tuesday April 2
The house companion remains stuck in the Justice Appropriations Subcommittee.  Absent special treatment it is probably dead for this session.

3-18-13  SB 112 passed out of the Senate Criminal Justice Committee 7-0.  It has one remaining committee stop

3-6-13   Senator Dean's Fraudulent Recording bill making it a crime to record an instrument containing a materially false, fictitious or fraudulent statement or representation with the intent to defraud or harass.  The bill also allows the "victim" of the fraudulent instrument to file to have the fraudulent instrument voided and stricken from the record and allows an injunction prohibiting a filer from any future filings without express court permission. 

The bill was intended to clearly criminalize fraudulent documents and to address the problems with "Sovereign Citizens" filing false liens, judgments by the "people's court" and the like against sitting judges and government officials.    

Several of the early drafts were overly broad potentially criminalizing human error and legitimate practices.  On behalf of FLTA, we have negotiated a number of changes to the original proposal to make it more acceptable.   The revised version is not perfect, but the product of compromise, outright opposition is awkward given that there are legitimately fraudulent instruments being filed to harass and defraud.  

The bill, with the changes recommended by the FLTA, was approved by the Senate Judiciary Committee 9-0.

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