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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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An act relating to real property; amending s. 695.03, 2
F.S.; providing that the Secretary of State, rather 3
than the Governor, appoints commissioners of deeds; 4
amending s. 721.13, F.S.; broadening the powers of 5
certain boards of administration with respect to 6
timeshare plans; providing that managers and managing 7
entities of certain timeshare projects have the same 8
rights and remedies as operators of certain 9
establishments and may have law enforcement take 10
certain actions against individuals who engage in 11
certain conduct; amending s. 721.15, F.S.; requiring a 12
managing entity of a timeshare condominium or 13
timeshare cooperative to provide a specified 14
certificate to certain interested parties in lieu of 15
an estoppel certificate; amending s. 721.97, F.S.; 16
providing that the Secretary of State, rather than the 17
Governor, appoints commissioners of deeds; providing 18
an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Subsections (2) and (3) of section 695.03, 23
Florida Statutes, are amended to read: 24
695.03 Acknowledgment and proof; validation of certain 25
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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
acknowledgments; legalization or authentication before foreign 26
officials.—To entitle any instrument concerning real property to 27
be recorded, the execution must be acknowledged by the party 28
executing it, proved by a subscribing witness to it, or 29
legalized or authenticated in one of the following forms: 30
(2) OUTSIDE THIS STATE BUT WIT HIN THE UNITED STATES. —An 31
acknowledgment or a proof taken, administered, or made outside 32
of this state but within the United States may be taken, 33
administered, or made by or before a civil -law notary of this 34
state or a commissioner of deeds appointed by th e Secretary of 35
State Governor of this state ; by or before a judge or clerk of 36
any court of the United States or of any state, territory, or 37
district; by or before a United States commissioner or 38
magistrate; or by or before any notary public, justice of the 39
peace, master in chancery, or registrar or recorder of deeds of 40
any state, territory, or district having a seal, and the 41
certificate of acknowledgment or proof must be under the seal of 42
the court or officer, as the case may be. If the acknowledgment 43
or proof is taken, administered, or made by or before a notary 44
public who does not affix a seal, it is sufficient for the 45
notary public to type, print, or write by hand on the 46
instrument, "I am a Notary Public of the State of ...(state)..., 47
and my commission ex pires on ...(date)...." 48
(3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN 49
COUNTRIES.—An acknowledgment, an affidavit, an oath, a 50
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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
legalization, an authentication, or a proof taken, administered, 51
or made outside the United States or in a foreign country m ay be 52
taken, administered, or made by or before a commissioner of 53
deeds appointed by the Secretary of State Governor of this state 54
to act in such country; by or before a notary public of such 55
foreign country or a civil -law notary of this state or of such 56
foreign country who has an official seal; by or before an 57
ambassador, envoy extraordinary, minister plenipotentiary, 58
minister, commissioner, charge d'affaires, consul general, 59
consul, vice consul, consular agent, or other diplomatic or 60
consular officer of t he United States appointed to reside in 61
such country; or by or before a military or naval officer 62
authorized by 10 U.S.C. s. 1044a to perform the duties of notary 63
public, and the certificate of acknowledgment, legalization, 64
authentication, or proof must be under the seal of the officer. 65
A certificate legalizing or authenticating the signature of a 66
person executing an instrument concerning real property and to 67
which a civil-law notary or notary public of that country has 68
affixed her or his official seal is s ufficient as an 69
acknowledgment. For the purposes of this section, the term 70
"civil-law notary" means a civil -law notary as defined in 71
chapter 118 or an official of a foreign country who has an 72
official seal and who is authorized to make legal or lawful the 73
execution of any document in that jurisdiction, in which 74
jurisdiction the affixing of her or his official seal is deemed 75
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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
proof of the execution of the document or deed in full 76
compliance with the laws of that jurisdiction. 77
Section 2. Subsection (8) of section 721.13, Florida 78
Statutes, is amended, and subsection (14) is added to that 79
section, to read: 80
721.13 Management.— 81
(8) Notwithstanding anything to the contrary in s. 82
718.110, s. 718.113, s. 718.114, or s. 719.1055, the board of 83
administration of any owners' association that operates a 84
timeshare plan including a timeshare condominium pursuant to s. 85
718.111, or a timeshare cooperative pursuant to s. 719.104, 86
shall have the power to make material alterations or substantial 87
additions to the accommodat ions or facilities of such timeshare 88
plan and deletions to the facilities of such timeshare plan 89
condominium or timeshare cooperative without the approval of the 90
members of the owners' association, provided that the deletion 91
of any facilities is approved b y a two-thirds vote of the board 92
of administration and is consistent with the fiduciary duties 93
set forth in subsection (2) . However, if the timeshare 94
condominium or timeshare cooperative contains any residential 95
units that are not subject to the timeshare plan, such action by 96
the board of administration must be approved by a majority of 97
the owners of such residential units. Unless otherwise provided 98
in the timeshare instrument as originally recorded, no such 99
amendment may change the configuration or size of any 100
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accommodation in any material fashion, or change the proportion 101
or percentage by which a member of the owners' association 102
shares the common expenses, unless the record owners of the 103
affected units or timeshare interests and all record owners of 104
liens on the affected units or timeshare interests join in the 105
execution of the amendment. 106
(14) With regard to any timeshare project as defined in s. 107
509.242(1)(g), the managing entity or manager has all of the 108
rights and remedies of an operator of any public lodging 109
establishment or public food service establishment as set forth 110
in ss. 509.141, 509.142, 509.143, and 509.162 and is entitled to 111
have a law enforcement officer take any action, including arrest 112
or removal from the timeshare property, against any p urchaser, 113
including a deeded owner, or guest or invitee of such purchaser 114
or owner who engages in conduct described in s. 509.141, s. 115
509.142, s. 509.143, or s. 509.162 or conduct in violation of 116
the timeshare instrument. 117
Section 3. Paragraph (b) of su bsection (7) of section 118
721.15, Florida Statutes, is amended to read: 119
721.15 Assessments for common expenses. — 120
(7) 121
(b) Within 30 days after receiving a written request from 122
a timeshare interest owner, an agent designated in writing by 123
the timeshare interest owner, or a person providing resale 124
transfer services for a consumer timeshare reseller pursuant to 125
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s. 721.17(3), a managing entity must provide a certificate, 126
signed by an officer or agent of the managing entity, to the 127
person requesting the certif icate, that states the amount of any 128
assessment, transfer fee, or other moneys currently owed to the 129
managing entity, and of any assessment, transfer fee, or other 130
moneys approved by the managing entity that will be due within 131
the next 90 days, with respec t to the designated consumer resale 132
timeshare interest, as well as any information contained in the 133
books and records of the timeshare plan regarding the legal 134
description and use plan related to the designated consumer 135
resale timeshare interest. The managing entity of a timeshare 136
condominium or timeshare cooperative must provide this 137
certificate in lieu of the estoppel certificate required by s. 138
718.116(8) or s. 719.108(6). 139
1. A person who relies upon such certificate shall be 140
protected thereby. 141
2. A summary proceeding pursuant to s. 51.011 may be 142
brought to compel compliance with this paragraph, and in such an 143
action the prevailing party may recover reasonable attorney fees 144
and court costs. 145
3. The managing entity may charge a fee not to exceed $150 146
for the preparation and delivery of the certificate. The amount 147
of the fee must be included on the certificate. 148
Section 4. Subsection (1) of section 721.97, Florida 149
Statutes, is amended to read: 150
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721.97 Timeshare commissioner of deeds. — 151
(1) The Secretary of State Governor may appoint 152
commissioners of deeds to take acknowledgments, proofs of 153
execution, or oaths in any foreign country, in international 154
waters, or in any possession, territory, or commonwealth of the 155
United States outside the 50 st ates. The term of office is 4 156
years. Commissioners of deeds shall have authority to take 157
acknowledgments, proofs of execution, and oaths in connection 158
with the execution of any deed, mortgage, deed of trust, 159
contract, power of attorney, or any other writin g to be used or 160
recorded in connection with a timeshare estate, personal 161
property timeshare interest, timeshare license, any property 162
subject to a timeshare plan, or the operation of a timeshare 163
plan located within this state; provided such instrument or 164
writing is executed outside the United States. Such 165
acknowledgments, proofs of execution, and oaths must be taken or 166
made in the manner directed by the laws of this state, including 167
but not limited to s. 117.05(4), (5)(a), and (6), Florida 168
Statutes 1997, and certified by a commissioner of deeds. The 169
certification must be endorsed on or annexed to the instrument 170
or writing aforesaid and has the same effect as if made or taken 171
by a notary public licensed in this state. 172
Section 5. This act shall take effect July 1, 2024. 173