FL
Florida House Bill H0429

Florida 2024 Regular Session

Florida House Bill H0429 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to real property; amending s. 695.03, 2
1616 F.S.; providing that the Secretary of State, rather 3
1717 than the Governor, appoints commissioners of deeds; 4
1818 amending s. 721.13, F.S.; broadening the powers of 5
1919 certain boards of administration with respect to 6
2020 timeshare plans; providing that managers and managing 7
2121 entities of certain timeshare projects have the same 8
2222 rights and remedies as operators of certain 9
2323 establishments and may have law enforcement take 10
2424 certain actions against individuals who engage in 11
2525 certain conduct; amending s. 721.15, F.S.; requiring a 12
2626 managing entity of a timeshare condominium or 13
2727 timeshare cooperative to provide a specified 14
2828 certificate to certain interested parties in lieu of 15
2929 an estoppel certificate; amending s. 721.97, F.S.; 16
3030 providing that the Secretary of State, rather than the 17
3131 Governor, appoints commissioners of deeds; providing 18
3232 an effective date. 19
3333 20
3434 Be It Enacted by the Legislature of the State of Florida: 21
3535 22
3636 Section 1. Subsections (2) and (3) of section 695.03, 23
3737 Florida Statutes, are amended to read: 24
3838 695.03 Acknowledgment and proof; validation of certain 25
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4747 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
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5151 acknowledgments; legalization or authentication before foreign 26
5252 officials.—To entitle any instrument concerning real property to 27
5353 be recorded, the execution must be acknowledged by the party 28
5454 executing it, proved by a subscribing witness to it, or 29
5555 legalized or authenticated in one of the following forms: 30
5656 (2) OUTSIDE THIS STATE BUT WIT HIN THE UNITED STATES. —An 31
5757 acknowledgment or a proof taken, administered, or made outside 32
5858 of this state but within the United States may be taken, 33
5959 administered, or made by or before a civil -law notary of this 34
6060 state or a commissioner of deeds appointed by th e Secretary of 35
6161 State Governor of this state ; by or before a judge or clerk of 36
6262 any court of the United States or of any state, territory, or 37
6363 district; by or before a United States commissioner or 38
6464 magistrate; or by or before any notary public, justice of the 39
6565 peace, master in chancery, or registrar or recorder of deeds of 40
6666 any state, territory, or district having a seal, and the 41
6767 certificate of acknowledgment or proof must be under the seal of 42
6868 the court or officer, as the case may be. If the acknowledgment 43
6969 or proof is taken, administered, or made by or before a notary 44
7070 public who does not affix a seal, it is sufficient for the 45
7171 notary public to type, print, or write by hand on the 46
7272 instrument, "I am a Notary Public of the State of ...(state)..., 47
7373 and my commission ex pires on ...(date)...." 48
7474 (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN 49
7575 COUNTRIES.—An acknowledgment, an affidavit, an oath, a 50
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8484 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
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8888 legalization, an authentication, or a proof taken, administered, 51
8989 or made outside the United States or in a foreign country m ay be 52
9090 taken, administered, or made by or before a commissioner of 53
9191 deeds appointed by the Secretary of State Governor of this state 54
9292 to act in such country; by or before a notary public of such 55
9393 foreign country or a civil -law notary of this state or of such 56
9494 foreign country who has an official seal; by or before an 57
9595 ambassador, envoy extraordinary, minister plenipotentiary, 58
9696 minister, commissioner, charge d'affaires, consul general, 59
9797 consul, vice consul, consular agent, or other diplomatic or 60
9898 consular officer of t he United States appointed to reside in 61
9999 such country; or by or before a military or naval officer 62
100100 authorized by 10 U.S.C. s. 1044a to perform the duties of notary 63
101101 public, and the certificate of acknowledgment, legalization, 64
102102 authentication, or proof must be under the seal of the officer. 65
103103 A certificate legalizing or authenticating the signature of a 66
104104 person executing an instrument concerning real property and to 67
105105 which a civil-law notary or notary public of that country has 68
106106 affixed her or his official seal is s ufficient as an 69
107107 acknowledgment. For the purposes of this section, the term 70
108108 "civil-law notary" means a civil -law notary as defined in 71
109109 chapter 118 or an official of a foreign country who has an 72
110110 official seal and who is authorized to make legal or lawful the 73
111111 execution of any document in that jurisdiction, in which 74
112112 jurisdiction the affixing of her or his official seal is deemed 75
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121121 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
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125125 proof of the execution of the document or deed in full 76
126126 compliance with the laws of that jurisdiction. 77
127127 Section 2. Subsection (8) of section 721.13, Florida 78
128128 Statutes, is amended, and subsection (14) is added to that 79
129129 section, to read: 80
130130 721.13 Management.— 81
131131 (8) Notwithstanding anything to the contrary in s. 82
132132 718.110, s. 718.113, s. 718.114, or s. 719.1055, the board of 83
133133 administration of any owners' association that operates a 84
134134 timeshare plan including a timeshare condominium pursuant to s. 85
135135 718.111, or a timeshare cooperative pursuant to s. 719.104, 86
136136 shall have the power to make material alterations or substantial 87
137137 additions to the accommodat ions or facilities of such timeshare 88
138138 plan and deletions to the facilities of such timeshare plan 89
139139 condominium or timeshare cooperative without the approval of the 90
140140 members of the owners' association, provided that the deletion 91
141141 of any facilities is approved b y a two-thirds vote of the board 92
142142 of administration and is consistent with the fiduciary duties 93
143143 set forth in subsection (2) . However, if the timeshare 94
144144 condominium or timeshare cooperative contains any residential 95
145145 units that are not subject to the timeshare plan, such action by 96
146146 the board of administration must be approved by a majority of 97
147147 the owners of such residential units. Unless otherwise provided 98
148148 in the timeshare instrument as originally recorded, no such 99
149149 amendment may change the configuration or size of any 100
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158158 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
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162162 accommodation in any material fashion, or change the proportion 101
163163 or percentage by which a member of the owners' association 102
164164 shares the common expenses, unless the record owners of the 103
165165 affected units or timeshare interests and all record owners of 104
166166 liens on the affected units or timeshare interests join in the 105
167167 execution of the amendment. 106
168168 (14) With regard to any timeshare project as defined in s. 107
169169 509.242(1)(g), the managing entity or manager has all of the 108
170170 rights and remedies of an operator of any public lodging 109
171171 establishment or public food service establishment as set forth 110
172172 in ss. 509.141, 509.142, 509.143, and 509.162 and is entitled to 111
173173 have a law enforcement officer take any action, including arrest 112
174174 or removal from the timeshare property, against any p urchaser, 113
175175 including a deeded owner, or guest or invitee of such purchaser 114
176176 or owner who engages in conduct described in s. 509.141, s. 115
177177 509.142, s. 509.143, or s. 509.162 or conduct in violation of 116
178178 the timeshare instrument. 117
179179 Section 3. Paragraph (b) of su bsection (7) of section 118
180180 721.15, Florida Statutes, is amended to read: 119
181181 721.15 Assessments for common expenses. — 120
182182 (7) 121
183183 (b) Within 30 days after receiving a written request from 122
184184 a timeshare interest owner, an agent designated in writing by 123
185185 the timeshare interest owner, or a person providing resale 124
186186 transfer services for a consumer timeshare reseller pursuant to 125
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195195 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
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199199 s. 721.17(3), a managing entity must provide a certificate, 126
200200 signed by an officer or agent of the managing entity, to the 127
201201 person requesting the certif icate, that states the amount of any 128
202202 assessment, transfer fee, or other moneys currently owed to the 129
203203 managing entity, and of any assessment, transfer fee, or other 130
204204 moneys approved by the managing entity that will be due within 131
205205 the next 90 days, with respec t to the designated consumer resale 132
206206 timeshare interest, as well as any information contained in the 133
207207 books and records of the timeshare plan regarding the legal 134
208208 description and use plan related to the designated consumer 135
209209 resale timeshare interest. The managing entity of a timeshare 136
210210 condominium or timeshare cooperative must provide this 137
211211 certificate in lieu of the estoppel certificate required by s. 138
212212 718.116(8) or s. 719.108(6). 139
213213 1. A person who relies upon such certificate shall be 140
214214 protected thereby. 141
215215 2. A summary proceeding pursuant to s. 51.011 may be 142
216216 brought to compel compliance with this paragraph, and in such an 143
217217 action the prevailing party may recover reasonable attorney fees 144
218218 and court costs. 145
219219 3. The managing entity may charge a fee not to exceed $150 146
220220 for the preparation and delivery of the certificate. The amount 147
221221 of the fee must be included on the certificate. 148
222222 Section 4. Subsection (1) of section 721.97, Florida 149
223223 Statutes, is amended to read: 150
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232232 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
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236236 721.97 Timeshare commissioner of deeds. — 151
237237 (1) The Secretary of State Governor may appoint 152
238238 commissioners of deeds to take acknowledgments, proofs of 153
239239 execution, or oaths in any foreign country, in international 154
240240 waters, or in any possession, territory, or commonwealth of the 155
241241 United States outside the 50 states. The term of office is 4 156
242242 years. Commissioners of deeds shall have authority to take 157
243243 acknowledgments, proofs of execution, and oaths in connection 158
244244 with the execution of any deed, mortgage, deed of trust, 159
245245 contract, power of attorney, or any other writing to b e used or 160
246246 recorded in connection with a timeshare estate, personal 161
247247 property timeshare interest, timeshare license, any property 162
248248 subject to a timeshare plan, or the operation of a timeshare 163
249249 plan located within this state; provided such instrument or 164
250250 writing is executed outside the United States. Such 165
251251 acknowledgments, proofs of execution, and oaths must be taken or 166
252252 made in the manner directed by the laws of this state, including 167
253253 but not limited to s. 117.05(4), (5)(a), and (6), Florida 168
254254 Statutes 1997, and cert ified by a commissioner of deeds. The 169
255255 certification must be endorsed on or annexed to the instrument 170
256256 or writing aforesaid and has the same effect as if made or taken 171
257257 by a notary public licensed in this state. 172
258258 Section 5. This act shall take effect July 1, 2024. 173