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PCS for HB 429 — Real Property (Commerce Committee, 2024)

Summary

Proposed committee substitute PCS for HB 429, marked ORIGINAL (2024), a bill to be entitled An act relating to real property. Its title says it amends section 695.03 and section 721.97 so the Secretary of State appoints commissioners of deeds, and broadens the powers of certain boards of administration with respect to timeshare plans in section 721.13. It requires a managing entity of a timeshare condominium or timeshare cooperative to provide a specified certificate to certain interested parties in lieu of an estoppel certificate. The act takes effect July 1, 2024.

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“PCS for HB 429 — Real Property (Commerce Committee, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3220-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-8e4add3034/, SHA-256 12b3faf58ddd1aae9d49dbe81ce7e0506e09103fef1e82288085b19f0fca4610.

Full text

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           PCS for HB 429                             ORIGINAL                                                    2024




    1                                       A bill to be entitled
    2             An act relating to real property; amending s. 695.03,
    3             F.S.; providing that the Secretary of State appoints
    4             commissioners of deeds; amending s. 721.13, F.S.;
    5             broadening the powers of certain boards of
    6             administration with respect to timeshare plans;
    7             providing that managers and managing entities of
    8             certain timeshare projects have the same rights and
    9             remedies as operators of certain establishments and
10                may have law enforcement take certain actions against
11                individuals who engage in certain conduct; amending s.
12                721.15, F.S.; requiring a managing entity of a
13                timeshare condominium or timeshare cooperative to
14                provide a specified certificate to certain interested
15                parties in lieu of an estoppel certificate; amending
16                s. 721.97, F.S.; providing that the Secretary of State
17                appoints commissioners of deeds; providing an
18                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         acknowledgments; legalization or authentication before foreign
26         officials.—To entitle any instrument concerning real property to

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        PCS for HB 429                              ORIGINAL                                                    2024




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 WITHIN 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 the Secretary of
35      State Governor of this state; by a judge or clerk of any court
36      of the United States or of any state, territory, or district; by
37      or before a United States commissioner or magistrate; or by or
38      before any notary public, justice of the peace, master in
39      chancery, or registrar or recorder of deeds of any state,
40      territory, or district having a seal, and the certificate of
41      acknowledgment or proof must be under the seal of the court or
42      officer, as the case may be. If the acknowledgment or proof is
43      taken, administered, or made by or before a notary publi c who
44      does not affix a seal, it is sufficient for the notary public to
45      type, print, or write by hand on the instrument, "I am a Notary
46      Public of the State of ...(state)..., and my commission expires
47      on ...(date)...."
48              (3)          OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN
49      COUNTRIES.—An acknowledgment, an affidavit, an oath, a
50      legalization, an authentication, or a proof taken, administered,
51      or made outside the United States or in a foreign country may be
52      taken, administered, or made by or before a commissioner of

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        PCS for HB 429                             ORIGINAL                                                    2024




53      deeds appointed by the Secretary of State Governor of this state
54      to act in such country; before a notary public of such foreign
55      country or a civil-law notary of this state or of such foreign
56      country who has an official seal; before an ambassador, envoy
57      extraordinary, minister plenipotentiary, minister, commissioner,
58      charge d'affaires, consul general, consul, vice consul, consular
59      agent, or other diplomatic or consular officer of the United
60      States appointed to reside in such country; or before a military
61      or naval officer authorized by 10 U.S.C. s. 1044a to perform the
62      duties of notary public, and the certificate of acknowledgment,
63      legalization, authentication, or proof must be under the seal of
64      the officer. A certificate legalizing or authenticating the
65      signature of a person executing an instrument concerning real
66      property and to which a civil-law notary or notary public of
67      that country has affixed her or his official seal is sufficient
68      as an acknowledgment. For the purposes of this section, the term
69      "civil-law notary" means a civil-law notary as defined in
70      chapter 118 or an official of a foreign country who has an
71      official seal and who is authorized to make legal or lawful the
72      execution of any document in that jurisdiction, in which
73      jurisdiction the affixing of her or his official seal is deemed
74      proof of the execution of the document or deed in full
75      compliance with the laws of that jurisdiction.
76              Section 2.        Subsection (8) of section 721.13, Florida
77      Statutes, is amended, and subsection (14) is added to that
78      section, to read:

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         PCS for HB 429                              ORIGINAL                                                    2024




 79             721.13          Management.—
 80             (8)           Notwithstanding anything to the contrary in s.
 81      718.110, s. 718.113, s. 718.114, or s. 719.1055, the board of
 82      administration of any owners' association that operates a
 83      timeshare plan including a timeshare condominium pursuant to s.
 84      718.111, or a timeshare cooperative pursuant to s. 719.104,
 85      shall have the power to make material alterations or substantial
 86      additions, or any deletion, to the accommodations or facilities
 87      of such timeshare plan condominium or timeshare cooperative
 88      without the approval of the members of the owners' association.
 89      However, if the timeshare condominium or timeshare cooperative
 90      contains any residential units that are not subject to the
 91      timeshare plan, such action by the board of administration must
 92      be approved by a majority of the owners of such residential
 93      units. Unless otherwise provided in the timeshare instrument as
 94      originally recorded, no such amendment may change the
 95      configuration or size of any accommodation in any material
 96      fashion, or change the proportion or percentage by which a
 97      member of the owners' association shares the common expenses,
 98      unless the record owners of the affected units or timeshare
 99      interests and all record owners of liens on the affected units
100      or timeshare interests join in the execution of the amendment.
101             (14)          With regard to any timeshare project as defined in s.
102      509.242(1)(g), the managing entity or manager has all of the
103      rights and remedies of an operator of any public lodging
104      establishment or public food service establishment as set forth

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         PCS for HB 429                              ORIGINAL                                                    2024




105      in ss. 509.141, 509.142, 509.143, and 509.162 and is entitled to
106      have a law enforcement officer take any action, including arrest
107      or removal from the timeshare property, against any purchaser,
108      including a deeded owner, or guest or invitee of such purchaser
109      or owner who engages in conduct described in s. 509.141, s.
110      509.142, s. 509.143, or s. 509.162 or conduct in violation of
111      the timeshare instrument.
112             Section 3.           Paragraph (b) of subsection (7) of section
113      721.15, Florida Statutes, is amended to read:
114             721.15          Assessments for common expenses.—
115             (7)
116             (b)           Within 30 days after receiving a written request from
117      a timeshare interest owner, an agent designated in writing by
118      the timeshare interest owner, or a person providing resale
119      transfer services for a consumer timeshare reseller pursuant to
120      s. 721.17(3), a managing entity must provide a certificate,
121      signed by an officer or agent of the managing entity, to the
122      person requesting the certificate, that states the amount of any
123      assessment, transfer fee, or other moneys currently owed to the
124      managing entity, and of any assessment, transfer fee, or other
125      moneys approved by the managing entity that will be due within
126      the next 90 days, with respect to the designated consumer resale
127      timeshare interest, as well as any information contained in the
128      books and records of the timeshare plan regarding the legal
129      description and use plan related to the designated consumer
130      resale timeshare interest. The managing entity of a timeshare

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         PCS for HB 429                              ORIGINAL                                                    2024




131      condominium or timeshare cooperative must provide this
132      certificate in lieu of the estoppel certificate required by s.
133      718.116(8) or s. 719.108(6).
134             1.        A person who relies upon such certificate shall be
135      protected thereby.
136             2.        A summary proceeding pursuant to s. 51.011 may be
137      brought to compel compliance with this paragraph, and in such an
138      action the prevailing party may recover reasonable attorney fees
139      and court costs.
140             3.        The managing entity may charge a fee not to exceed $150
141      for the preparation and delivery of the certificate. The amount
142      of the fee must be included on the certificate.
143             Section 4.           Subsection (1) of section 721.97, Florida
144      Statutes, is amended to read:
145             721.97          Timeshare commissioner of deeds.—
146             (1)           The Secretary of State Governor may appoint
147      commissioners of deeds to take acknowledgments, proofs of
148      execution, or oaths in any foreign country, in international
149      waters, or in any possession, territory, or commonwealth of the
150      United States outside the 50 states. The term of office is 4
151      years. Commissioners of deeds shall have authority to take
152      acknowledgments, proofs of execution, and oaths in connection
153      with the execution of any deed, mortgage, deed of trust,
154      contract, power of attorney, or any other writing to be used or
155      recorded in connection with a timeshare estate, personal
156      property timeshare interest, timeshare license, any property

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         PCS for HB 429                             ORIGINAL                                                    2024




157      subject to a timeshare plan, or the operation of a timeshare
158      plan located within this state; provided such instrument or
159      writing is executed outside the United States. Such
160      acknowledgments, proofs of execution, and oaths must be taken or
161      made in the manner directed by the laws of this state,
162      including, but not limited to, s. 117.05(4), (5)(a), and (6),
163      Florida Statutes 1997, and certified by a commissioner of deeds.
164      The certification must be endorsed on or annexed to the
165      instrument or writing aforesaid and has the same effect as if
166      made or taken by a notary public licensed in this state.
167             Section 5.         This act shall take effect July 1, 2024.




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