CODING: Words stricken are deletions; words underlined are additions.
House Bill 3073




    Florida House of Representatives - 1998                HB 3073

        By Representative Futch






  1                      A bill to be entitled

  2         An act relating to conveyances of property;

  3         amending s. 695.26, F.S.; requiring certain

  4         instruments conveying real property to contain

  5         an acknowledgment that the property is or is

  6         not consistent with local plans and zoning

  7         ordinances; providing for fees; providing an

  8         effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Paragraphs (e) and (f) of subsection (1) of

13  section 695.26, Florida Statutes, are amended, and paragraph

14  (g) is added to said subsection, to read:

15         695.26  Requirements for recording instruments

16  affecting real property.--

17         (1)  No instrument by which the title to real property

18  or any interest therein is conveyed, assigned, encumbered, or

19  otherwise disposed of shall be recorded by the clerk of the

20  circuit court unless:

21         (e)  A 3-inch by 3-inch space at the top right-hand

22  corner on the first page and a 1-inch by 3-inch space at the

23  top right-hand corner on each subsequent page are reserved for

24  use by the clerk of the court; and

25         (f)  In any instrument other than a mortgage conveying

26  or purporting to convey any interest in real property, the

27  name and post-office address of each grantee in such

28  instrument are legibly printed, typewritten, or stamped upon

29  such instrument; and.

30         (g)  The instrument contains an acknowledgment by an

31  officer or employee of a unit of local government within which

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 3073

    531-148-98






  1  the property is located who is designated by the governing

  2  body to make such acknowledgments, stating that the property

  3  described in the instrument:

  4         1.  Is a parcel that has been subdivided, other than as

  5  part of a subdivision that has been created and approved in

  6  compliance with the applicable subdivision ordinance, out of a

  7  larger parcel since the last recorded conveyance, assignment,

  8  encumbrance, or other disposal of the larger parcel;

  9         2.  Is subject to the local government's comprehensive

10  plan or zoning ordinances; and

11         3.  Is or is not consistent, as of the date the

12  acknowledgment is made, with each comprehensive plan and

13  zoning ordinance to which it is subject.

14         Section 2.  A unit of local government may charge a

15  reasonable fee for its services, not to exceed $25, to the

16  person presenting an instrument for acknowledgment under s.

17  695.26(1), Florida Statutes.

18         Section 3.  This act shall take effect January 1, 1999.

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21                          HOUSE SUMMARY

22
      Requires an instrument conveying the title to real
23    property to be acknowledged by an officer or employee of
      a unit of local government within which the conveyed
24    property is located when the property conveyed has been
      created out of a larger parcel other than by means of the
25    applicable subdivision ordinance. The acknowledgment must
      indicate whether the parcel is or is not in compliance
26    with applicable comprehensive plans and zoning codes.

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