House Bill 1049er

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  1

  2         An act relating to the Florida Statutes;

  3         amending ss. 40.011, 45.031, 50.051, 75.11,

  4         83.56, 98.095, 99.021, 101.051, 101.111,

  5         101.47, 101.49, 102.167, 105.031, 106.087,

  6         125.411, 157.31, 196.111, 200.065, 236.32,

  7         255.05, 298.301, 298.77, 372.312, 538.08,

  8         538.24, 568.13, 591.29, 695.031, 709.08,

  9         713.20, 713.22, 713.23, 718.116, 727.111,

10         765.303, 812.014, 849.38, 921.241, 921.242, and

11         932.66, Florida Statutes, to revise references

12         to dates reading "19..." in forms in the

13         Florida Statutes in anticipation of the

14         approaching millennium.

15

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

17

18         Section 1.  Subsection (2) of section 40.011, Florida

19  Statutes, is amended to read:

20         40.011  Jury lists.--

21         (2)  The affidavit executed pursuant to subsection (1)

22  must be in substantially the following form:

23

24  State of Florida

25

26  I, ............, do solemnly swear (or affirm) that I am ....

27  years of age; that I am a citizen of the United States and a

28  legal resident of Florida and .... County; that I personally

29  make application for jury duty; that I am eligible to serve as

30  a juror under the Constitution and laws of Florida; and that I

31  reside at ...(Address)...


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  1

  2                                               ...(Signature)...

  3

  4  Sworn to and subscribed before me this .... day of ....,

  5  ...(year)... 19...., at .... County, Florida.

  6

  7                                        ........................

  8                                 (Signature and title of officer

  9                                    administering oath)

10         Section 2.  Subsections (3), (4), and (7) of section

11  45.031, Florida Statutes, are amended to read:

12         45.031  Judicial sales procedure.--In any sale of real

13  or personal property under an order or judgment, the following

14  procedure may be followed as an alternative to any other sale

15  procedure if so ordered by the court:

16         (3)  CERTIFICATION OF SALE.--After a sale of the

17  property the clerk shall promptly file a certificate of sale

18  and serve a copy of it on each party not in default in

19  substantially the following form:

20

21  (Caption of Action)

22

23                       CERTIFICATE OF SALE

24

25         The undersigned clerk of the court certifies that

26  notice of public sale of the property described in the order

27  or final judgment was published in ...., a newspaper

28  circulated in .... County, Florida, in the manner shown by the

29  proof of publication attached, and on ...., ...(year)...

30  19...., the property was offered for public sale to the

31  highest and best bidder for cash. The highest and best bid


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  1  received for the property was submitted by ...., to whom the

  2  property was sold.  The proceeds of the sale are retained for

  3  distribution in accordance with the order or final judgment.

  4  WITNESS my hand and the seal of this court on ....,

  5  ...(year)... 19.....

  6                                                   ...(Clerk)...

  7                                         By ...(Deputy Clerk)...

  8

  9         (4)  CERTIFICATE OF TITLE.--If no objections to the

10  sale are filed within 10 days after filing the certificate of

11  sale, the clerk shall file a certificate of title and serve a

12  copy of it on each party not in default in substantially the

13  following form:

14

15  (Caption of Action)

16

17                       CERTIFICATE OF TITLE

18

19         The undersigned clerk of the court certifies that he or

20  she executed and filed a certificate of sale in this action on

21  ...., ...(year)... 19...., for the property described herein

22  and that no objections to the sale have been filed within the

23  time allowed for filing objections.

24         The following property in .... County, Florida:

25                          (description)

26  was sold to ..................................................

27

28  WITNESS my hand and the seal of the court on ....,

29  ...(year)... 19.....

30                                                   ...(Clerk)...

31                                         By ...(Deputy Clerk)...


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  1

  2         (7)  DISBURSEMENTS OF PROCEEDS.--On filing a

  3  certificate of title the clerk shall disburse the proceeds of

  4  the sale in accordance with the order or final judgment, and

  5  shall file a report of such disbursements and serve a copy of

  6  it on each party not in default, and on the Department of

  7  Revenue if it was named as a defendant in the action, in

  8  substantially the following form:

  9

10  (Caption of Action)

11

12                   CERTIFICATE OF DISBURSEMENTS

13

14         The undersigned clerk of the court certifies that he or

15  she disbursed the proceeds received from the sale of the

16  property as provided in the order or final judgment to the

17  persons and in the amounts as follows:

18  Name                                                    Amount

19

20                              Total

21

22  WITNESS my hand and the seal of the court on ....,

23  ...(year)... 19.....

24                                                   ...(Clerk)...

25                                         By ...(Deputy Clerk)...

26

27  If no objections to the report are served within 10 days after

28  it is filed, the disbursements by the clerk shall stand

29  approved as reported. If timely objections to the report are

30  served, they shall be heard by the court. Service of

31


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  1  objections to the report does not affect or cloud the title of

  2  the purchaser of the property in any manner.

  3         Section 3.  Section 50.051, Florida Statutes, is

  4  amended to read:

  5         50.051  Proof of publication; form of uniform

  6  affidavit.--The printed form upon which all such affidavits

  7  establishing proof of publication are to be executed shall be

  8  substantially as follows:

  9

10                        NAME OF NEWSPAPER

11

12                   Published (Weekly or Daily)

13

14                (Town or City)  (County)  FLORIDA

15

16  STATE OF FLORIDA

17

18  COUNTY OF ....:

19         Before the undersigned authority personally appeared

20  ...., who on oath says that he or she is .... of the ...., a

21  .... newspaper published at .... in .... County, Florida; that

22  the attached copy of advertisement, being a .... in the matter

23  of .... in the .... Court, was published in said newspaper in

24  the issues of .....

25         Affiant further says that the said .... is a newspaper

26  published at ...., in said .... County, Florida, and that the

27  said newspaper has heretofore been continuously published in

28  said .... County, Florida, each .... and has been entered as

29  second-class mail matter at the post office in ...., in said

30  .... County, Florida, for a period of 1 year next preceding

31  the first publication of the attached copy of advertisement;


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  1  and affiant further says that he or she has neither paid nor

  2  promised any person, firm or corporation any discount, rebate,

  3  commission or refund for the purpose of securing this

  4  advertisement for publication in the said newspaper.

  5

  6  Sworn to and subscribed before me this .... day of ....,

  7  ...(year)... 19...., by ...., who is personally known to me or

  8  who has produced (type of identification) as identification.

  9

10

11  ...(Signature of Notary Public)...

12

13  ...(Print, Type, or Stamp Commissioned Name of Notary

14  Public)...

15

16  ...(Notary Public)...

17         Section 4.  Subsection (1) of section 75.11, Florida

18  Statutes, is amended to read:

19         75.11  Stamping instruments validated.--

20         (1)  Bonds or certificates, when validated under this

21  chapter, shall have stamped or written thereon, by the proper

22  officers of such county, municipality or district issuing

23  them, a statement in substantially the following form:

24

25  "This bond is one of a series of bonds which were validated by

26  judgment of the Circuit Court for .... County, rendered on

27  ...., ...(year)... 19....."

28         Section 5.  Subsection (3) of section 83.56, Florida

29  Statutes, is amended to read:

30         83.56  Termination of rental agreement.--

31


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  1         (3)  If the tenant fails to pay rent when due and the

  2  default continues for 3 days, excluding Saturday, Sunday, and

  3  legal holidays, after delivery of written demand by the

  4  landlord for payment of the rent or possession of the

  5  premises, the landlord may terminate the rental agreement.

  6  Legal holidays for the purpose of this section shall be

  7  court-observed holidays only.  The 3-day notice shall contain

  8  a statement in substantially the following form:

  9

10         You are hereby notified that you are indebted to me in

11  the sum of .... dollars for the rent and use of the premises

12  ...(address of leased premises, including county)..., Florida,

13  now occupied by you and that I demand payment of the rent or

14  possession of the premises within 3 days (excluding Saturday,

15  Sunday, and legal holidays) from the date of delivery of this

16  notice, to wit:  on or before the .... day of ....,

17  ...(year)... 19.....

18

19               ...(landlord's name, address and phone number)...

20         Section 6.  Subsection (3) of section 98.095, Florida

21  Statutes, is amended to read:

22         98.095  County registers open to inspection; copies.--

23         (3)  Any person who acquires a list of registered

24  voters from the office of the supervisor shall take and

25  subscribe to an oath which shall be in substantially the

26  following form:

27

28         I hereby swear or affirm that I am a person authorized

29  by s. 98.095, Florida Statutes, to acquire information on

30  registered voters of .... County, Florida; that the

31  information acquired will be used only for the purposes


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  1  prescribed in that section and for no other purpose; and that

  2  I will not permit the use or copying of such information by

  3  persons not authorized by the Election Code of the State of

  4  Florida.

  5

  6                      ...(Signature of person acquiring list)...

  7

  8         Sworn to and subscribed before me this .... day of

  9  ...., ...(year)... 19.....

10

11        ...(Signature and title of person administering oath)...

12         Section 7.  Paragraph (a) of subsection (1) of section

13  99.021, Florida Statutes, is amended to read:

14         99.021  Form of candidate oath.--

15         (1)(a)  Each candidate, whether a party candidate, an

16  independent candidate, or a write-in candidate, in order to

17  qualify for nomination or election to any office other than a

18  judicial office as defined in chapter 105, shall take and

19  subscribe to an oath or affirmation in writing.  A printed

20  copy of the oath or affirmation shall be furnished to the

21  candidate by the officer before whom such candidate seeks to

22  qualify and shall be substantially in the following form:

23

24  State of Florida

25  County of....

26         Before me, an officer authorized to administer oaths,

27  personally appeared ...(please print name as you wish it to

28  appear on the ballot)..., to me well known, who, being sworn,

29  says that he or she is a candidate for the office of ....;

30  that he or she is a qualified elector of .... County, Florida;

31  that he or she is qualified under the Constitution and the


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  1  laws of Florida to hold the office to which he or she desires

  2  to be nominated or elected; that he or she has taken the oath

  3  required by ss. 876.05-876.10, Florida Statutes; that he or

  4  she has qualified for no other public office in the state, the

  5  term of which office or any part thereof runs concurrent with

  6  that of the office he or she seeks; and that he or she has

  7  resigned from any office from which he or she is required to

  8  resign pursuant to s. 99.012, Florida Statutes.

  9                                  ...(Signature of candidate)...

10                                                 ...(Address)...

11

12  Sworn to and subscribed before me this .... day of ....,

13  ...(year)... 19...., at .... County, Florida.

14       ...(Signature and title of officer administering oath)...

15         Section 8.  Subsection (4) of section 101.051, Florida

16  Statutes, is amended to read:

17         101.051  Electors seeking assistance in casting

18  ballots; form to be executed; forms to be furnished.--

19         (4)  If an elector needs assistance in voting pursuant

20  to the provisions of this section, the clerk or one of the

21  inspectors shall require the elector requesting assistance in

22  voting to take the following oath:

23

24                 DECLARATION TO SECURE ASSISTANCE

25

26  State of Florida

27  County of ....

28  Date ....

29  Precinct ....

30         I, ...(Print name)..., swear or affirm that I am a

31  registered elector and request assistance from ...(Print


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  1  names)... in voting at the ...(name of election)... held on

  2  ...(date of election)... for the following reason.............

  3  ..............................................................

  4  ..............................................................

  5                                      ...(Signature of voter)...

  6

  7  Sworn and subscribed to before me this .... day of ....,

  8  ...(year)... 19.....

  9                ...(Signature of Official Administering Oath)...

10         Section 9.  Subsections (1) and (2) of section 101.111,

11  Florida Statutes, are amended to read:

12         101.111  Person desiring to vote may be challenged;

13  challenger to execute oath; oath of challenged elector;

14  determination of challenge.--

15         (1)  When the right to vote of any person who desires

16  to vote is questioned by any elector or watcher, the challenge

17  shall be reduced to writing with an oath as provided in this

18  section, giving reasons for the challenge, which shall be

19  delivered to the clerk or inspector. Any elector or authorized

20  poll watcher challenging an elector at an election shall

21  execute the oath set forth below:

22

23                OATH OF PERSON ENTERING CHALLENGE

24

25  State of Florida

26  County of ....

27

28  I do solemnly swear that my name is ....; that I am a member

29  of the .... party; that I am .... years old; that I was born

30  in the state of.... or the country of ....; that my residence

31  is on .... street, in the municipality of ....; and that I


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  1  have reason to believe that .... is attempting to vote

  2  illegally and the reasons for my belief are set forth herein

  3  to wit: ......................................................

  4  ..............................................................

  5  ..............................................................

  6                   ...(Signature of person challenging voter)...

  7

  8  Sworn and subscribed to before me this .... day of ....,

  9  ...(year)... 19.....

10                                       ...(Clerk of election)...

11

12         (2)  Before a challenged elector is permitted to vote

13  by any officer or person in charge of admission to the polling

14  place, the challenged elector's right to vote shall be

15  determined in accordance with the provisions of subsection

16  (3).  The clerk or inspector shall immediately deliver to the

17  challenged elector a copy of the oath of the person entering

18  the challenge and shall request the challenged elector to

19  execute the following affidavit:

20

21                     OATH OF CHALLENGED VOTER

22

23  State of Florida

24  County of ....

25

26  I do solemnly swear that my name is ....; that I am a member

27  of the .... party; that I am .... years old; that I was born

28  in the state of .... or the country of ....; that my residence

29  is on .... street, in the municipality of ...., in this the

30  .... precinct of .... county; that I personally made

31  application for registration and signed my name and that I am


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  1  a qualified voter, and I am not registered to vote in any

  2  other precinct other than the one in which I am presently

  3  seeking to vote.

  4                                      ...(Signature of voter)...

  5

  6  Sworn and subscribed to before me this .... day of ....,

  7  ...(year)... 19.....

  8                          ...(Clerk of election or Inspector)...

  9

10  Any inspector or clerk of election may administer the oath.

11         Section 10.  Subsection (8) of section 101.47, Florida

12  Statutes, is amended to read:

13         101.47  Requirements before elector enters voting

14  machine booth.--

15         (8)  The identification slip shall be in substantially

16  the following form:

17

18  No. ....

19            SIGNATURE IDENTIFICATION SLIP.... ELECTION

20         Held in .... County, Florida, on the .... day of ....,

21  A. D. ...(year)... 19.....

22         I affix my signature hereto in the place and at the

23  time of voting for the purpose of identifying myself as a duly

24  registered and qualified voter in this election.

25                                      ...(Signature of voter)...

26         I hereby certify that the foregoing signature was

27  signed in my presence during voting hours at this voting

28  precinct and by me compared with that on the registration

29  books and approved for voting in precinct No. .....

30                          ...(Initials of clerk or inspector)...

31


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  1         I hereby certify that I admitted the person who signed

  2  this identification slip to the voting machine; that said

  3  voter was personally known to me, or told me that he or she

  4  signed it; and that the number of the voting machine is .....

  5                  ...(Initials of official operating machine)...

  6         Section 11.  Subsection (1) of section 101.49, Florida

  7  Statutes, is amended to read:

  8         101.49  Procedure of election officers where signatures

  9  differ.--

10         (1)  Whenever any clerk or inspector, upon a just

11  comparison of the signature, shall doubt that the handwriting

12  affixed to a signature identification slip of any elector who

13  presents himself or herself at the polls to vote is the same

14  as the signature of the elector affixed in the registration

15  book, the clerk or inspector shall deliver to the person an

16  affidavit which shall be in substantially the following form:

17

18  STATE OF FLORIDA,

19  COUNTY OF .....

20         I do solemnly swear (or affirm) that my name is ....;

21  that I am .... years old; that I was born in the State of

22  ....; that I am registered to vote, and at the time I

23  registered I resided on .... Street, in the municipality of

24  ...., County of ...., State of Florida; that I am a qualified

25  voter of the county and state aforesaid and have not voted in

26  this election.

27                                      ...(Signature of voter)...

28         Sworn to and subscribed before me this .... day of

29  ...., A. D. ...(year)... 19.....

30                          ...(Clerk or inspector of election)...

31                                              Precinct No. .....


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  1                                                 County of .....

  2         Section 12.  Section 102.167, Florida Statutes, is

  3  amended to read:

  4         102.167  Form of protest of election returns.--

  5         (1)  The form of the "Protest of Election Returns to

  6  Canvassing Board" shall be as follows:

  7

  8                  PROTEST OF ELECTION RETURNS TO

  9                         CANVASSING BOARD

10

11                                                   ...., Florida

12                                       ...., ...(year)... 19....

13         As provided in Section 102.166(1), Florida Statutes, I,

14  .... of .... County, Florida, believe the election returns

15  from Precinct No. .... in the .... election ...(year)...

16  19.... are erroneous.

17         I hereby protest the canvass of such returns by the

18  .... Canvassing Board, and request that said returns be

19  investigated, examined, checked, and corrected by said

20  Canvassing Board.  The basis for this protest is .............

21  ..............................................................

22  ..............................................................

23  ..............................................................

24  ..............................................................

25  ..............................................................

26

27  Under penalties of perjury, I swear (or affirm) that I have

28  read the foregoing and that the facts alleged are true, to the

29  best of my knowledge and belief.

30

31         ...(Signature of person protesting election returns)...


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  1

  2         (2)  The form of the "Protest of Election Returns to

  3  Circuit Judge" shall be as follows:

  4

  5                  PROTEST OF ELECTION RETURNS TO

  6                          CIRCUIT JUDGE

  7

  8                                                   ...., Florida

  9                                       ...., ...(year)... 19....

10         As provided in Section 102.166(2), Florida Statutes, I,

11  .... of .... Florida, being a qualified elector in Precinct

12  No. .... of .... County, Florida, believe the election returns

13  from Precinct No. .... in the .... election of ....,

14  ...(year)... 19.... are fraudulent.

15         I hereby protest against the canvass of such returns by

16  the .... Canvassing Board, and request that said returns be

17  investigated, examined, checked, and corrected.  The basis for

18  this protest is ..............................................

19  ..............................................................

20  ..............................................................

21  ..............................................................

22  ..............................................................

23

24  Under penalties of perjury, I swear (or affirm) that I have

25  read the foregoing and that the facts alleged are true, to the

26  best of my knowledge and belief.

27

28         ...(Signature of person protesting election returns)...

29         Section 13.  Subsection (4) of section 105.031, Florida

30  Statutes, is amended to read:

31


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  1         105.031  Qualification; filing fee; candidate's oath;

  2  items required to be filed.--

  3         (4)  CANDIDATE'S OATH.--All candidates for judicial

  4  office shall subscribe to an oath or affirmation in writing to

  5  be filed with the appropriate qualifying officer upon

  6  qualifying.  A printed copy of the oath or affirmation shall

  7  be furnished to the candidate by the qualifying officer and

  8  shall be in substantially the following form:

  9

10  State of Florida

11  County of ....

12         Before me, an officer authorized to administer oaths,

13  personally appeared ...(please print name as you wish it to

14  appear on the ballot)..., to me well known, who, being sworn,

15  says he or she:  is a candidate for the judicial office of

16  ....; that his or her legal residence is .... County, Florida;

17  that he or she is a qualified elector of the state and of the

18  territorial jurisdiction of the court to which he or she seeks

19  election; that he or she is qualified under the constitution

20  and laws of Florida to hold the judicial office to which he or

21  she desires to be elected or in which he or she desires to be

22  retained; that he or she has taken the oath required by ss.

23  876.05-876.10, Florida Statutes; that he or she has qualified

24  for no other public office in the state, the term of which

25  office or any part thereof runs concurrent to the office he or

26  she seeks; and that he or she has resigned from any office

27  which he or she is required to resign pursuant to s. 99.012,

28  Florida Statutes.

29                                  ...(Signature of candidate)...

30                                                 ...(Address)...

31


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  1  Sworn to and subscribed before me this .... day of ....,

  2  ...(year)... 19...., at .... County, Florida.

  3       ...(Signature and title of officer administering oath)...

  4         Section 14.  Paragraph (a) of subsection (1) of section

  5  106.087, Florida Statutes, is amended to read:

  6         106.087  Independent expenditures; contribution limits;

  7  restrictions on political parties, political committees, and

  8  committees of continuous existence.--

  9         (1)(a)  As a condition of receiving a rebate of filing

10  fees and party assessment funds pursuant to s. 99.061(2), s.

11  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

12  treasurer of a state or county executive committee shall take

13  and subscribe to an oath or affirmation in writing. During the

14  qualifying period for state candidates and prior to

15  distribution of such funds, a printed copy of the oath or

16  affirmation shall be filed with the Secretary of State and

17  shall be substantially in the following form:

18

19  State of Florida

20  County of....

21         Before me, an officer authorized to administer oaths,

22  personally appeared ...(name)..., to me well known, who, being

23  sworn, says that he or she is the ...(title)... of the

24  ...(name of party)... ...(state or specified county)...

25  executive committee; that the executive committee has not

26  made, either directly or indirectly, an independent

27  expenditure in support of or opposition to a candidate or

28  elected public official in the prior 6 months; that the

29  executive committee will not make, either directly or

30  indirectly, an independent expenditure in support of or

31  opposition to a candidate or elected public official, through


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  1  and including the upcoming general election; and that the

  2  executive committee will not violate the contribution limits

  3  applicable to candidates under s. 106.08(2), Florida Statutes.

  4                          ...(Signature of committee officer)...

  5                                                 ...(Address)...

  6

  7  Sworn to and subscribed before me this .... day of ....,

  8  ...(year)... 19...., at .... County, Florida.

  9       ...(Signature and title of officer administering oath)...

10         Section 15.  Subsection (1) of section 125.411, Florida

11  Statutes, is amended to read:

12         125.411  Conveyance of land by county.--

13         (1)  Deeds of conveyance of lands, the title to which

14  is held by any county or in the name of its board of county

15  commissioners, may be in substantially the following form:

16

17  THIS DEED, made this .... day of ...., ...(year)... 19...., by

18  .... County, Florida, party of the first part, and ...., party

19  of the second part,

20  WITNESSETH that the said party of the first part, for and in

21  consideration of the sum of $.... to it in hand paid by the

22  party of the second part, receipt whereof is hereby

23  acknowledged, has granted, bargained and sold to the party of

24  the second part, his or her heirs and assigns forever, the

25  following described land lying and being in .... County,

26  Florida:

27  ..............................................................

28  ..............................................................

29  IN WITNESS WHEREOF the said party of the first part has caused

30  these presents to be executed in its name by its Board of

31


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  1  County Commissioners acting by the Chair or Vice Chair of said

  2  board, the day and year aforesaid.

  3         (OFFICIAL SEAL)

  4  ATTEST:  ...Clerk (or Deputy Clerk of Circuit Court)...

  5  .... County, Florida

  6

  7         By its Board of County Commissioners

  8         By ...Chair (or Vice Chair)...

  9         Section 16.  Section 157.31, Florida Statutes, is

10  amended to read:

11         157.31  Notice of reassessment for drainage.--In all

12  such cases, the board of county commissioners, upon the matter

13  being brought to its attention, shall cause to be published in

14  some newspaper published in the county, at least once each

15  week for 2 consecutive weeks, a notice substantially in the

16  following form:

17

18               Notice of Reassessment for Drainage

19

20  Whereas, it has been discovered that the proceedings to

21  establish a public ditch, drain or canal, commencing at ....

22  and running in a general .... course through the following

23  lands, viz. .... were defective, and the assessment in

24  pursuance thereof made was invalid, or irregular and not made

25  in compliance with law, now, therefore, notice is hereby given

26  to all persons interested, that the County Commissioners of

27  .... County, will be in session at .... o'clock in the

28  forenoon, at the courthouse, on the .... day of ....,

29  ...(year)... 19...., for the purpose of providing for a

30  reassessment of the property specially benefited by the said

31  public ditch, drain or canal, and all persons interested are


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  1  hereby notified to attend on the said day, and present

  2  objections, if any, to the said reassessment, and are further

  3  notified that the board will give a hearing to all parties

  4  interested, and act on the said matter at the said meeting.

  5         Section 17.  Subsection (1) of section 196.111, Florida

  6  Statutes, is amended to read:

  7         196.111  Property appraisers may notify persons

  8  entitled to homestead exemption; publication of notice;

  9  costs.--

10         (1)  As soon as practicable after February 5 of each

11  current year, the property appraisers of the several counties

12  may mail to each person to whom homestead exemption was

13  granted for the year immediately preceding and whose

14  application for exemption for the current year has not been

15  filed as of February 1 thereof, a form for application for

16  homestead exemption, together with a notice reading

17  substantially as follows:

18

19                   NOTICE TO TAXPAYERS ENTITLED

20                      TO HOMESTEAD EXEMPTION

21

22         Records in this office indicate that you have not filed

23  an application for homestead exemption for the current year.

24         If you wish to claim such exemption, please fill out

25  the enclosed form and file it with your property appraiser on

26  or before March 1, ...(year)... 19.....

27         Failure to do so may constitute a waiver of said

28  exemption for the year ...(year)... 19.....

29

30                                      ...(Property Appraiser)...

31                                            .... County, Florida


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  1         Section 18.  Paragraph (b) of subsection (9) of section

  2  200.065, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         200.065  Method of fixing millage.--

  5         (9)

  6         (b)  In the event a school district needs to amend the

  7  list of capital outlay projects previously advertised and

  8  adopted, a notice of intent to amend the notice of tax for

  9  school capital outlay shall be published in conformity with

10  the advertisement required in subsection (3).  A public

11  hearing to adopt the amended project list shall be held not

12  less than 2 days nor more than 5 days after the day the

13  advertisement is first published.  The projects should be

14  listed under each category of new, amended, or deleted

15  projects in the same order as required in paragraph (a). The

16  notice shall appear in the following form, except that any of

17  the categories of new, amended, or deleted projects may be

18  omitted if not appropriate for the changes proposed:

19

20                    AMENDED NOTICE OF TAX FOR

21                      SCHOOL CAPITAL OUTLAY

22

23         The School Board of ...(name)... County will soon

24  consider a measure to amend the use of property tax for the

25  capital outlay projects previously advertised for the

26  ...(year)... 19.... to ...(year)... 19.... school year.

27

28         New projects to be funded:

29

30             ...(list of capital outlay projects)...

31


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  1         Amended projects to be funded:

  2

  3             ...(list of capital outlay projects)...

  4

  5         Projects to be deleted:

  6

  7             ...(list of capital outlay projects)...

  8

  9         All concerned citizens are invited to a public hearing

10  to be held on ...(date and time)... at ...(meeting place)....

11         A DECISION on the proposed amendment to the projects

12  funded from CAPITAL OUTLAY TAXES will be made at this meeting.

13         Section 19.  Subsection (2) of section 236.32, Florida

14  Statutes, is amended to read:

15         236.32  Procedure for holding and conducting school

16  district millage elections.--The procedure for holding and

17  conducting school district millage elections shall be:

18         (2)  FORM OF BALLOT.--The school board, at its option,

19  may determine whether to use paper ballots or automatic voting

20  machines for said election.  On the ballot, the school board

21  may propose a single millage or two millages, with one for

22  operating expenses and another for a local capital improvement

23  reserve fund.  When two millage figures are proposed, each

24  millage shall be voted on separately.  The school board shall

25  provide substantially the following form of ballot for voting

26  the levy in the school district:

27

28  SPECIAL SCHOOL DISTRICT MILLAGE ELECTION FOR THE DISTRICT OF

29  .... COUNTY, FLORIDA, HELD ...., ...(year)... 19 .....

30         (a)  In districts where paper ballots are used the

31  following instructions shall be included:


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  1

  2  INSTRUCTIONS TO VOTERS: The proposed levy for the school term

  3  as proposed by the school board is .... mills for operating

  4  expenses and .... mills for the local capital improvement

  5  reserve fund.  Each millage will be voted on and determined

  6  separately. Indicate your choice by making an "X" in the

  7  proper space below.  If some other millage for operating

  8  expenses is desired, indicate by writing in the millage.  On

  9  the proposed levy for local capital improvement reserve fund,

10  vote "for" or "against."

11         1.  Proposed levy of .... mills for operating expenses.

12         []   FOR proposed levy of .... mills for operating

13  expenses.

14         []   AGAINST proposed levy of .... mills for operating

15  expenses.

16         2.  Proposed levy of .... mills for local capital

17  improvement reserve fund.

18         []   FOR proposed levy of .... mills for local capital

19  improvement reserve fund.

20         []   AGAINST proposed levy for local capital

21  improvement reserve fund.

22         (b)  In districts where automatic voting machines are

23  used the following instructions shall be included:

24

25  INSTRUCTIONS TO VOTERS: The proposed levy for the school term

26  as proposed by the school board is .... mills for operating

27  expenses and .... mills for the local capital improvement

28  reserve fund.

29

30  Each millage will be voted on and determined separately.  If

31  you favor the proposed millage for operating expenses, so


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  1  indicate by depressing the "for" lever directly over (under)

  2  the proposed millage.  If you favor a different millage for

  3  operating expenses, so indicate by writing in the millage you

  4  favor.  You may select only one millage for operating

  5  expenses.  On the proposed millage for the local capital

  6  improvement reserve fund, indicate your choice by depressing

  7  the "for" lever or the "against" lever over (under) the

  8  proposed millage.

  9         Section 20.  Subsection (3) of section 255.05, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         255.05  Bond of contractor constructing public

12  buildings; form; action by materialmen.--

13         (3)  The bond required in subsection (1) may be in

14  substantially the following form:

15

16                     PUBLIC CONSTRUCTION BOND

17

18         BY THIS BOND, We ...., as Principal and ...., a

19  corporation, as Surety, are bound to ...., herein called

20  Owner, in the sum of $...., for payment of which we bind

21  ourselves, our heirs, personal representatives, successors,

22  and assigns, jointly and severally.

23         THE CONDITION OF THIS BOND is that if Principal:

24         1.  Performs the contract dated ...., 19...., between

25  Principal and Owner for construction of ...., the contract

26  being made a part of this bond by reference, at the times and

27  in the manner prescribed in the contract; and

28         2.  Promptly makes payments to all claimants, as

29  defined in Section 255.05(1), Florida Statutes, supplying

30  Principal with labor, materials, or supplies, used directly or

31


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  1  indirectly by Principal in the prosecution of the work

  2  provided for in the contract; and

  3         3.  Pays Owner all losses, damages, expenses, costs,

  4  and attorney's fees, including appellate proceedings, that

  5  Owner sustains because of a default by Principal under the

  6  contract; and

  7         4.  Performs the guarantee of all work and materials

  8  furnished under the contract for the time specified in the

  9  contract, then this bond is void; otherwise it remains in full

10  force.

11         Any changes in or under the contract documents and

12  compliance or noncompliance with any formalities connected

13  with the contract or the changes does not affect Surety's

14  obligation under this bond.

15

16         DATED ON ...., 19.....

17                                       ...(Name of Principal)...

18                                  By ...(As Attorney in Fact)...

19                                          ...(Name of Surety)...

20         Section 21.  Subsections (2) and (6) of section

21  298.301, Florida Statutes, 1998 Supplement, are amended to

22  read:

23         298.301  District water control plan adoption; district

24  boundary modification; plan amendment; notice forms;

25  objections; hearings; assessments.--

26         (2)  Before adopting a water control plan or plan

27  amendment, the board of supervisors must adopt a resolution to

28  consider adoption of the proposed plan or plan amendment. As

29  soon as the resolution proposing the adoption or amendment of

30  the district's water control plan has been filed with the

31  district secretary, the board of supervisors shall give notice


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  1  of a public hearing on the proposed plan or plan amendment by

  2  causing publication to be made once a week for 3 consecutive

  3  weeks in a newspaper of general circulation published in each

  4  county in which lands and other property described in the

  5  resolution are situated. The notice must be in substantially

  6  the following form:

  7

  8                        Notice of Hearing

  9

10         To the owners and all persons interested in the lands

11  corporate, and other property in and adjacent to the ...name

12  of district... District.

13         You are notified that the ...name of district...

14  District has filed in the office of the secretary of the

15  district a resolution to consider approval of a water control

16  plan or an amendment to the current water control plan to

17  provide ...here insert a summary of the proposed water control

18  plan or plan amendment.... On or before its scheduled meeting

19  of ...(date and time)... at the district's offices located at

20  ...(list address of offices)... written objections to the

21  proposed plan or plan amendment may be filed at the district's

22  offices. A public hearing on the proposed plan or plan

23  amendment will be conducted at the scheduled meeting, and

24  written objections will be considered at that time. At the

25  conclusion of the hearing, the board of supervisors may

26  determine to proceed with the process for approval of the

27  proposed plan or plan amendment and direct the district

28  engineer to prepare an engineer's report identifying any

29  property to be taken, determining benefits and damages, and

30  estimating the cost of implementing the improvements

31  associated with the proposed plan or plan amendment. A final


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  1  hearing on approval of the proposed plan or plan amendment and

  2  engineer's report shall be duly noticed and held at a

  3  regularly scheduled board of supervisors meeting within 60

  4  days after filing of the engineer's report with the secretary

  5  of the district.

  6

  7         Date of first publication:  ........,

  8         ...(year)... 19....

  9         ............................................

10         (Chairman, Board of Supervisors)

11         ................ County, Florida

12

13         (6)  Upon the filing of the engineer's report, the

14  board of supervisors shall give notice thereof by arranging

15  the publication of the report together with a geographical

16  depiction of the district once a week for 2 consecutive weeks

17  in a newspaper of general circulation in each county in the

18  district. The notice must be substantially as follows:

19

20              Notice of Filing Engineer's Report for

21                    ................ District

22

23         Notice is given to all persons interested in the

24  following described land and property in ........ County (or

25  Counties), Florida, viz.: ...(Here describe land and

26  property)... included within the ............ district that

27  the engineer hereto appointed to determine benefits and

28  damages to the property and lands situated in the district and

29  to determine the estimated cost of construction required by

30  the water control plan, within or without the limits of the

31  district, under the proposed water control plan or plan


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  1  amendment, filed his report in the office of the secretary of

  2  the district, located at ...(list address of district

  3  offices),... on the ........ day of ............, ...(year)...

  4  19...., and you may examine the report and file written

  5  objections with the secretary of the district to all, or any

  6  part thereof, on or before ...(enter date 20 days after the

  7  last scheduled publication of this notice, which date must be

  8  before the date of the final hearing).... The report

  9  recommends ...(describe benefits and damages)....  A final

10  hearing to consider approval of the report and proposed water

11  control plan or plan amendment shall be held ...(time, place,

12  and date at least 30 days but no later than 60 days after the

13  last scheduled publication of this notice)....

14

15         Date of first publication:  ........,

16         ...(year)... 19....

17         ............................................

18         (Chairman, Board of Supervisors)

19         ................ County, Florida

20         Section 22.  Subsection (2) of section 298.77, Florida

21  Statutes, is amended to read:

22         298.77  Readjustment of assessments; procedure, notice,

23  hearings.--

24         (2)  Such notice may be in the following form:

25

26         NOTICE IS HEREBY GIVEN to all persons interested in the

27  lands included within the .... Water Control District that a

28  petition has been filed with the district, praying for a

29  readjustment of the assessment of benefits for the purpose of

30  making a more equitable basis for the levy of taxes against

31  the various pieces and parcels of land in said district to pay


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  1  its indebtedness and maintain its drainage system, and that

  2  said petition will be heard by the board of supervisors on the

  3  .... day of ...., ...(year)... 19.....

  4         Dated ...., ...(year)... 19.....

  5                                ...(Secretary of    District)...

  6                                                     .... County

  7         Section 23.  Subsection (3) of section 372.312, Florida

  8  Statutes, is amended to read:

  9         372.312  Forfeiture proceedings.--

10         (3)  The said citation may be in, or substantially in,

11  the following form:

12

13         IN THE CIRCUIT COURT OF THE .... JUDICIAL CIRCUIT, IN

14  AND FOR .... COUNTY, FLORIDA.

15

16  IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY:

17                     (here describe property)

18  THE STATE OF FLORIDA TO:

19         ALL PERSONS, FIRMS AND CORPORATIONS OWNING, HAVING OR

20  CLAIMING AN INTEREST IN OR LIEN ON THE ABOVE DESCRIBED

21  PROPERTY

22

23         YOU AND EACH OF YOU are hereby notified that the above

24  described property has been seized, under and by virtue of

25  chapter 372, as amended, and is now in the possession of the

26  board of county commissioners of this county, and you, and

27  each of you, are hereby further notified that a petition,

28  under said chapter, has been filed in the circuit court of the

29  .... Judicial Circuit, in and for .... County, Florida,

30  seeking the forfeiture of the said property, and you are

31  hereby directed and required to file your claim, if any you


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  1  have, and show cause, on or before ...., ...(year)... 19....,

  2  if not personally served with process herein, and within

  3  twenty days from personal service if personally served with

  4  process herein, why the said property should not be forfeited

  5  pursuant to said chapter.  Should you fail to file claim as

  6  herein directed judgment will be entered herein against you in

  7  due course.  Persons not personally served with process may

  8  obtain a copy of the petition for forfeiture filed herein from

  9  the undersigned clerk of court.

10         WITNESS my hand and the seal of the above mentioned

11  court, at ...., Florida, this ...., ...(year)... 19.....

12  (COURT SEAL)        ...(Clerk of the above mentioned court)...

13                                         By ...(Deputy Clerk)...

14         Section 24.  Subsection (1) of section 538.08, Florida

15  Statutes, is amended to read:

16         538.08  Stolen goods; petition for return.--

17         (1)  If the secondhand dealer contests the

18  identification or ownership of the property, the person

19  alleging ownership of the property  may, provided that a

20  timely report of the theft of the goods was made to the proper

21  authorities, bring an action for replevin in the county or

22  circuit court by petition in substantially the following form:

23

24         Plaintiff A. B., sues defendant C. D., and alleges:

25         1.  This is an action to recover possession of personal

26  property in............County, Florida.

27         2.  The description of the property is:  ...(list

28  property)....  To the best of plaintiff's knowledge,

29  information, and belief, the value of the property is

30  $.............

31


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  1         3.  Plaintiff is entitled to the possession of the

  2  property under a security agreement dated........,

  3  ...(year)... 19...., a copy of which is attached.

  4         4.  To plaintiff's best knowledge, information, and

  5  belief, the property is located at.................

  6         5.  The property is wrongfully detained by defendant.

  7  Defendant came into possession of the property by ...(describe

  8  method of possession).... To plaintiff's best knowledge,

  9  information, and belief, defendant detains the property

10  because ...(give reasons)....

11         6.  The property has not been taken under an execution

12  or attachment against plaintiff's property.

13         Section 25.  Subsection (1) of section 538.24, Florida

14  Statutes, is amended to read:

15         538.24  Stolen regulated metals property; petition for

16  return.--

17         (1)  If the secondary metals recycler contests the

18  identification or ownership of the regulated metals property,

19  the party other than the secondary metals recycler claiming

20  ownership of any stolen goods in the possession of a secondary

21  metals recycler may, provided that a timely report of the

22  theft of the regulated metals property was made to the proper

23  authorities, bring an action for replevin in the county or

24  circuit court by petition in substantially the following form:

25

26         Plaintiff A. B. sues defendant C. D., and alleges:

27         1.  This is an action to recover possession of personal

28  property in ............ County, Florida.

29         2.  The description of the property is:  ...(list

30  property)....  To the best of plaintiff's knowledge,

31


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  1  information, and belief, the value of the property is

  2  $.........

  3         3.  Plaintiff is the lawful owner of the property and

  4  can identify the property as belonging to the plaintiff in the

  5  following manner: ...(explain basis of identification)....

  6         4.  Plaintiff is entitled to the possession of the

  7  property under a security agreement dated ............,

  8  ...(year)... 19...., a copy of which is attached.

  9         5.  To the plaintiff's best knowledge, information, and

10  belief, the property is located at .....................

11         6.  The property is wrongfully detained by defendant.

12  Defendant came into possession of the property by ...(describe

13  method of possession)....  To plaintiff's best knowledge,

14  information, and belief, defendant detains the property

15  because ...(give reasons)....

16         7.  The property has not been taken under an execution

17  or attachment against plaintiff's property.

18         Section 26.  Subsection (1) of section 568.13, Florida

19  Statutes, is amended to read:

20         568.13  Form of information or indictment.--

21         (1)  An indictment or information framed substantially

22  as follows shall be deemed sufficient in counties voting

23  against the sale of intoxicating liquors, wines, or beer:

24

25         The grand jurors of the State of Florida, inquiring in

26  and for the body of the County of ...., upon their oaths do

27  present that ...., late of the County of ...., did, on, to

28  wit:  the .... day of ...., ...(year)... 19...., in the said

29  County of ...., State of Florida, unlawfully sell intoxicating

30  liquors, (or intoxicating wines or intoxicating beer as the

31  case may be), which said county had voted against the sale of


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  1  intoxicating liquors, wines, or beer, contrary to the statute

  2  made and provided and against the peace and dignity of the

  3  State of Florida.

  4         Section 27.  Subsection (1) of section 591.29, Florida

  5  Statutes, is amended to read:

  6         591.29  Seed trees; form of designation and

  7  dedication.--

  8         (1)  Seed trees shall be designated as such by filling

  9  out and signing an instrument by the owner in substantially

10  the following form:

11

12         CONVEYANCE AND/OR DEDICATION OF STANDING TIMBER TO

13  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES OF FLORIDA.

14  State of Florida,

15  County of ....

16  Owner(s) of Land .............................................

17  Description of Land ..........................................

18  ..............................................................

19  ..............................................................

20  Approximate number

21  of seed trees designated......................................

22  This .... day of ...., ...(year)... 19.....

23                                           Signed: ...(Owner)...

24         Section 28.  Subsection (2) of section 695.031, Florida

25  Statutes, is amended to read:

26         695.031  Affidavits and acknowledgments by members of

27  armed forces and their spouses.--

28         (2)  The instrument shall not be rendered invalid by

29  the failure to state therein the place of execution or

30  acknowledgment.  No authentication of the officer's

31  certificate of acknowledgment or otherwise shall be required,


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  1  and no seal shall be necessary, but the officer taking the

  2  acknowledgment shall endorse thereon or attach thereto a

  3  certificate substantially in the following form:

  4         On this .... day of ...., ...(year)... 19...., before

  5  me ...., the undersigned officer, personally appeared ....,

  6  known to me (or satisfactorily proven) to be serving in or

  7  with, or whose duties require her or his presence with the

  8  Armed Forces of the United States, and to be the person whose

  9  name is subscribed to the within instrument, and acknowledged

10  that she or he executed the same for the purposes therein

11  contained, and the undersigned does further certify that she

12  or he is at the date of this certificate a commissioned

13  officer of the rank stated below and is in the active service

14  of the Armed Forces of the United States.

15  ...(Signature of commissioned officer.)...

16  ...(Rank of commissioned officer and command or branch of

17  service to which officer is attached.)...

18         Section 29.  Paragraph (c) of subsection (4) of section

19  709.08, Florida Statutes, is amended to read:

20         709.08  Durable power of attorney.--

21         (4)  PROTECTION WITHOUT NOTICE; GOOD FAITH ACTS;

22  AFFIDAVITS.--

23         (c)  A third party that has not received written notice

24  under subsection (5) may, but need not, require that the

25  attorney in fact execute an affidavit stating that there has

26  been no revocation, partial or complete termination, or

27  suspension of the durable power of attorney at the time the

28  power of attorney is exercised.  A written affidavit executed

29  by the attorney in fact under this paragraph may, but need

30  not, be in the following form:

31


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  1  STATE OF

  2  COUNTY OF

  3

  4         Before me, the undersigned authority, personally

  5  appeared ...(attorney in fact)... ("Affiant"), who swore or

  6  affirmed that:

  7         1.  Affiant is the attorney in fact named in the

  8  Durable Power of Attorney executed by ...(principal)...

  9  ("Principal") on ...(date)....

10         2.  To the best of Affiant's knowledge after diligent

11  search and inquiry:

12         a.  The Principal is not deceased, has not been

13  adjudicated incapacitated, and has not revoked, partially or

14  completely terminated, or suspended the Durable Power of

15  Attorney; and

16         b.  A petition to determine the incapacity of or to

17  appoint a guardian for the Principal is not pending.

18         3.  Affiant agrees not to exercise any powers granted

19  by the Durable Power of Attorney if Affiant attains knowledge

20  that it has been revoked, partially or completely terminated,

21  suspended, or is no longer valid because of the death or

22  adjudication of incapacity of the Principal.

23                                                ................

24                                                   ...Affiant...

25

26         Sworn to (or affirmed) and subscribed before me

27  this  day of    , ...(year)... 19  , by ...(name of person

28  making statement)...

29

30  ...(Signature of Notary Public-State of Florida)...

31  (Print, Type, or Stamp Commissioned Name of Notary Public)


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  1  Personally Known  OR Produced Identification

  2  ...(Type of Identification Produced)...

  3         Section 30.  Subsections (4) and (5) of section 713.20,

  4  Florida Statutes, are amended to read:

  5         713.20  Waiver or release of liens.--

  6         (4)  When a lienor is required to execute a waiver or

  7  release of lien in exchange for, or to induce payment of, a

  8  progress payment, the waiver or release may be in

  9  substantially the following form:

10

11                    WAIVER AND RELEASE OF LIEN

12                      UPON PROGRESS PAYMENT

13

14         The undersigned lienor, in consideration of the sum of

15  $...., hereby waives and releases its lien and right to claim

16  a lien for labor, services, or materials furnished through

17  ...(insert date)... to ...(insert the name of your

18  customer)... on the job of ...(insert the name of the

19  owner)... to the following property:

20

21                 ...(description of property)...

22

23  This waiver and release does not cover any retention or labor,

24  services, or materials furnished after the date specified.

25

26         DATED on ...., ...(year)... 19.....      ...(Lienor)...

27                                                   By:  ........

28

29         (5)  When a lienor is required to execute a waiver or

30  release of lien in exchange for, or to induce payment of, the

31


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  1  final payment, the waiver and release may be in substantially

  2  the following form:

  3

  4                    WAIVER AND RELEASE OF LIEN

  5                        UPON FINAL PAYMENT

  6

  7         The undersigned lienor, in consideration of the final

  8  payment in the amount of $........, hereby waives and releases

  9  its lien and right to claim a lien for labor, services, or

10  materials furnished to ...(insert the name of your

11  customer)... on the job of ...(insert the name of the

12  owner)... to the following described property:

13

14                 ...(description of property)...

15

16         DATED on ...., ...(year)... 19.....      ...(Lienor)...

17                                                   By:  ........

18         Section 31.  Subsection (2) of section 713.22, Florida

19  Statutes, is amended to read:

20         713.22  Duration of lien.--

21         (2)  An owner or the owner's agent or attorney may

22  elect to shorten the time prescribed in subsection (1) within

23  which to commence an action to enforce any claim of lien or

24  claim against a bond or other security under s. 713.23 or s.

25  713.24 by recording in the clerk's office a notice in

26  substantially the following form:

27

28                    NOTICE OF CONTEST OF LIEN

29  To:  ...(Name and address of lienor)...

30  You are notified that the undersigned contests the claim of

31  lien filed by you on ...., ...(year)... 19...., and recorded


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  1  in .... Book ...., Page ...., of the public records of ....

  2  County, Florida, and that the time within which you may file

  3  suit to enforce your lien is limited to 60 days from the date

  4  of service of this notice.  This .... day of ....,

  5  ...(year)... 19.....

  6                               Signed: ...(Owner or Attorney)...

  7

  8  The lien of any lienor upon whom such notice is served and who

  9  fails to institute a suit to enforce his or her lien within 60

10  days after service of such notice shall be extinguished

11  automatically.  The clerk shall mail a copy of the notice of

12  contest to the lien claimant at the address shown in the claim

13  of lien or most recent amendment thereto and shall certify to

14  such service on the face of such notice and record the notice.

15  Service shall be deemed complete upon mailing.

16         Section 32.  Subsections (2) and (3) of section 713.23,

17  Florida Statutes, 1998 Supplement, are amended to read:

18         713.23  Payment bond.--

19         (2)  The bond shall secure every lien under the direct

20  contract accruing subsequent to its execution and delivery,

21  except that of the contractor.  Every claim of lien, except

22  that of the contractor, filed subsequent to execution and

23  delivery of the bond shall be transferred to it with the same

24  effect as liens transferred under s. 713.24.  Record notice of

25  the transfer shall be effected by the contractor, or any

26  person having an interest in the property against which the

27  claim of lien has been asserted, by recording in the clerk's

28  office a notice in substantially the following form:

29

30                          NOTICE OF BOND

31


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  1  To ...(Name and Address of Lienor)...

  2

  3  You are notified that the claim of lien filed by you on ....,

  4  19...., and recorded in Official Records Book .... at page

  5  .... of the public records of .... County, Florida, is secured

  6  by a bond, a copy being attached.

  7

  8                 Signed: ...(Name of person recording notice)...

  9

10  The notice shall be verified.  The clerk shall mail a copy of

11  the notice to the lienor at the address shown in the claim of

12  lien, or the most recent amendment to it; shall certify to the

13  service on the face of the notice; and shall record the

14  notice.  The clerk shall receive the same fee as prescribed in

15  s. 713.24(1) for certifying to a transfer of lien.

16

17         (3)  A payment bond in substantially the following form

18  shall be sufficient:

19

20                           PAYMENT BOND

21

22         BY THIS BOND We, ...., as Principal, and ...., a

23  corporation, as Surety, are bound to ...., herein called

24  Owner, in the sum of $.... for the payment of which we bind

25  ourselves, our heirs, personal representatives, successors,

26  and assigns, jointly and severally.

27         THE CONDITION OF THIS BOND is that if Principal:

28         1.  Promptly makes payments to all lienors supplying

29  labor, material, and supplies used directly or indirectly by

30  Principal in the prosecution of the work provided in the

31  contract dated ...., 19...., between Principal and Owner for


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  1  construction of ...., the contract being made a part of this

  2  bond by reference; and

  3         2.  Pays Owner all loss, damage, expenses, costs, and

  4  attorney's fees, including appellate proceedings, that Owner

  5  sustains because of default by Principal under paragraph 1. of

  6  this bond;

  7

  8  then this bond is void; otherwise, it remains in full force.

  9         Any changes in or under the contract documents and

10  compliance or noncompliance with formalities connected with

11  the contract or with the changes do not affect Surety's

12  obligation under this bond.

13

14         DATED on ...., 19.....

15

16                                        ...(Principal)... (SEAL)

17

18                                           ...(Surety's name)...

19

20                                                 By ............

21

22                                             As Attorney in Fact

23         Section 33.  Paragraph (c) of subsection (5) of section

24  718.116, Florida Statutes, 1998 Supplement, is amended to

25  read:

26         718.116  Assessments; liability; lien and priority;

27  interest; collection.--

28         (5)

29         (c)  By recording a notice in substantially the

30  following form, a unit owner or the unit owner's agent or

31


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  1  attorney may require the association to enforce a recorded

  2  claim of lien against his or her condominium parcel:

  3

  4                    NOTICE OF CONTEST OF LIEN

  5

  6         TO: ...(Name and address of association)... You are

  7  notified that the undersigned contests the claim of lien filed

  8  by you on ...., ...(year)... 19...., and recorded in Official

  9  Records Book .... at Page ...., of the public records of ....

10  County, Florida, and that the time within which you may file

11  suit to enforce your lien is limited to 90 days from the date

12  of service of this notice. Executed this .... day of ....,

13  ...(year)... 19.....

14

15                               Signed: ...(Owner or Attorney)...

16

17  After notice of contest of lien has been recorded, the clerk

18  of the circuit court shall mail a copy of the recorded notice

19  to the association by certified mail, return receipt

20  requested, at the address shown in the claim of lien or most

21  recent amendment to it and shall certify to the service on the

22  face of the notice. Service is complete upon mailing. After

23  service, the association has 90 days in which to file an

24  action to enforce the lien; and, if the action is not filed

25  within the 90-day period, the lien is void. However, the

26  90-day period shall be extended for any length of time that

27  the association is prevented from filing its action because of

28  an automatic stay resulting from the filing of a bankruptcy

29  petition by the unit owner or by any other person claiming an

30  interest in the parcel.

31


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  1         Section 34.  Subsection (2) of section 727.111, Florida

  2  Statutes, is amended to read:

  3         727.111  Notice.--

  4         (2)  The notice of assignment shall be in substantially

  5  the following form:

  6

  7                       NOTICE OF ASSIGNMENT

  8

  9  IN THE CIRCUIT COURT

10  OF THE....

11  CIRCUIT, IN AND FOR

12  ....COUNTY,

13  FLORIDA

14

15  IN RE: ................,

16          Assignor,

17

18  to:................,

19         Assignee.

20

21         TO CREDITORS AND OTHER INTERESTED PARTIES:

22

23         PLEASE TAKE NOTICE that on ........, a petition

24  commencing an assignment for the benefit of creditors pursuant

25  to chapter 727, Florida Statutes, made by ........, assignor,

26  with principal place of business at ........, to ........,

27  assignee, whose address is ........, was filed on ....,

28  ...(year)... 19.....

29         YOU ARE HEREBY further notified that in order to

30  receive any dividend in this proceeding you must file a proof

31  of claim with the assignee or the assignee's attorney on or


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  1  before....(120 days from the date of the filing of the

  2  petition).

  3

  4

  5                                               ................

  6                                                   ASSIGNEE

  7

  8  Attorney for assignee (if any):....

  9  Address:................

10         Section 35.  Subsection (1) of section 765.303, Florida

11  Statutes, is amended to read:

12         765.303  Suggested form of a living will.--

13         (1)  A living will may, but need not, be in the

14  following form:

15                           Living Will

16         Declaration made this .... day of ...., ...(year)...,

17  19 .... I, ........, willfully and voluntarily make known my

18  desire that my dying not be artificially prolonged under the

19  circumstances set forth below, and I do hereby declare:

20         If at any time I have a terminal condition and if my

21  attending or treating physician and another consulting

22  physician have determined that there is no medical probability

23  of my recovery from such condition, I direct that

24  life-prolonging procedures be withheld or withdrawn when the

25  application of such procedures would serve only to prolong

26  artificially the process of dying, and that I be permitted to

27  die naturally with only the administration of medication or

28  the performance of any medical procedure deemed necessary to

29  provide me with comfort care or to alleviate pain.

30         It is my intention that this declaration be honored by

31  my family and physician as the final expression of my legal


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  1  right to refuse medical or surgical treatment and to accept

  2  the consequences for such refusal.

  3         In the event that I have been determined to be unable

  4  to provide express and informed consent regarding the

  5  withholding, withdrawal, or continuation of life-prolonging

  6  procedures, I wish to designate, as my surrogate to carry out

  7  the provisions of this declaration:

  8

  9  Name:.........................................................

10  Address:......................................................

11  .................................................. Zip Code:....

12  Phone:................

13         I understand the full import of this declaration, and I

14  am emotionally and mentally competent to make this

15  declaration.

16  Additional Instructions (optional):

17  ..............................................................

18  ..............................................................

19  ..............................................................

20                         ....(Signed)....

21                         ....Witness....

22                         ....Address....

23                          ....Phone....

24                         ....Witness....

25                         ....Address....

26                          ....Phone....

27         Section 36.  Paragraph (d) of subsection (3) of section

28  812.014, Florida Statutes, is amended to read:

29         812.014  Theft.--

30         (3)

31


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  1         (d)1.  Every judgment of guilty or not guilty of a

  2  petit theft shall be in writing, signed by the judge, and

  3  recorded by the clerk of the circuit court.  The judge shall

  4  cause to be affixed to every such written judgment of guilty

  5  of petit theft, in open court and in the presence of such

  6  judge, the fingerprints of the defendant against whom such

  7  judgment is rendered.  Such fingerprints shall be affixed

  8  beneath the judge's signature to such judgment. Beneath such

  9  fingerprints shall be appended a certificate to the following

10  effect:

11

12         "I hereby certify that the above and foregoing

13  fingerprints on this judgment are the fingerprints of the

14  defendant, ...., and that they were placed thereon by said

15  defendant in my presence, in open court, this the .... day of

16  ...., ...(year)... 19....."

17

18  Such certificate shall be signed by the judge, whose signature

19  thereto shall be followed by the word "Judge."

20         2.  Any such written judgment of guilty of a petit

21  theft, or a certified copy thereof, is admissible in evidence

22  in the courts of this state as prima facie evidence that the

23  fingerprints appearing thereon and certified by the judge are

24  the fingerprints of the defendant against whom such judgment

25  of guilty of a petit theft was rendered.

26         Section 37.  Subsection (3) of section 849.38, Florida

27  Statutes, is amended to read:

28         849.38  Proceedings for forfeiture; notice of seizure

29  and order to show cause.--

30         (3)  The said citation may be in, or substantially in,

31  the following form:


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  1

  2  IN THE CIRCUIT COURT OF THE .... JUDICIAL CIRCUIT, IN AND FOR

  3  .... COUNTY, FLORIDA.

  4  IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY:

  5                     (Here describe property)

  6  THE STATE OF FLORIDA TO:

  7

  8         ALL PERSONS, FIRMS AND CORPORATIONS OWNING, HAVING OR

  9  CLAIMING AN INTEREST IN OR LIEN ON THE ABOVE DESCRIBED

10  PROPERTY.

11

12         YOU AND EACH OF YOU are hereby notified that the above

13  described property has been seized, under and by virtue of

14  chapter ...., Laws of Florida, and is now in the possession of

15  the sheriff of this county, and you, and each of you, are

16  hereby further notified that a petition, under said chapter,

17  has been filed in the Circuit Court of the .... Judicial

18  Circuit, in and for .... County, Florida, seeking the

19  forfeiture of the said property, and you are hereby directed

20  and required to file your claim, if any you have, and show

21  cause, on or before ...., ...(year)... 19...., if not

22  personally served with process herein, and within 20 days from

23  personal service if personally served with process herein, why

24  the said property should not be forfeited pursuant to said

25  chapter ...., Laws of Florida, 1955.  Should you fail to file

26  claim as herein directed judgment will be entered herein

27  against you in due course.  Persons not personally served with

28  process may obtain a copy of the petition for forfeiture filed

29  herein from the undersigned clerk of court.

30         WITNESS my hand and the seal of the above mentioned

31  court, at .... Florida, this ...., ...(year)... 19.....


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  1  (COURT SEAL)

  2                     ...(Clerk of the above-mentioned Court.)...

  3                                         By ...(Deputy Clerk)...

  4         Section 38.  Subsection (2) of section 921.241, Florida

  5  Statutes, is amended to read:

  6         921.241  Felony judgments; fingerprints and social

  7  security number required in record.--

  8         (2)  Every judgment of guilty or not guilty of a felony

  9  shall be in writing, signed by the judge, and recorded by the

10  clerk of the court.  The judge shall cause to be affixed to

11  every written judgment of guilty of a felony, in open court,

12  in the presence of such judge, and at the time the judgment is

13  rendered, the fingerprints of the defendant against whom such

14  judgment is rendered.  Such fingerprints shall be affixed

15  beneath the judge's signature to such judgment. Beneath such

16  fingerprints shall be appended a certificate to the following

17  effect:

18

19         "I hereby certify that the above and foregoing

20  fingerprints on this judgment are the fingerprints of the

21  defendant, ...., and that they were placed thereon by said

22  defendant in my presence, in open court, this the .... day of

23  ...., ...(year)... 19....."

24

25  Such certificate shall be signed by the judge, whose signature

26  thereto shall be followed by the word "Judge."

27         Section 39.  Subsection (1) of section 921.242, Florida

28  Statutes, is amended to read:

29         921.242  Subsequent offenses under chapter 796; method

30  of proof applicable.--

31


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  1         (1)  Every judgment of guilty with respect to any

  2  offense governed by the provisions of chapter 796 shall be in

  3  writing, signed by the judge, and recorded by the clerk of the

  4  circuit court.  The judge shall cause to be affixed to every

  5  such written judgment of guilty, in open court and in the

  6  presence of such judge, the fingerprints of the defendant

  7  against whom such judgment is rendered.  Such fingerprints

  8  shall be affixed beneath the judge's signature to any such

  9  judgment. Beneath such fingerprints shall be appended a

10  certificate to the following effect:

11

12         "I hereby certify that the above and foregoing

13  fingerprints are of the defendant, ...(name)..., and that they

14  were placed thereon by said defendant in my presence, in open

15  court, this the .... day of ...., ...(year)... 19....."

16

17  Such certificate shall be signed by the judge, whose signature

18  thereto shall be followed by the word "Judge."

19         Section 40.  Section 932.66, Florida Statutes, is

20  amended to read:

21         932.66  Suggested forms for transfer.--The petition for

22  transfer, order of transfer, and agreement of bail bond agent

23  to transfer bond shall be substantially as follows:

24

25                  PETITION FOR TRANSFER TO COURT

26                     PROVIDING TRIAL BY JURY

27                                 IN THE .... COURT, .... FLORIDA

28         I, ...(Name)..., am ...(Age)... years of age and I

29  reside at ...(Address).... I was arrested on ...(Date)...,

30  ...(Year)... 19.... and am charged in this court with

31  ...(Description and number of each county or municipal


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  1  ordinance)....  I am presently incarcerated in the

  2  ...(Jail)... awaiting trial on the charge(s) listed above.

  3                              --OR--

  4         I am at liberty on (surety bond) (cash bond) (my own

  5  recognizance). My bail bond agent is ...(Name)...

  6

  7                         ...(Address)...

  8

  9         I am due to appear in this court on ...(Date)... for

10  ...(Type of appearance)....

11         My charge(s) in this court constitute a violation of

12  the criminal laws of the state as follows:....................

13         I desire a trial by jury and seek a transfer of the

14  following charge(s)...........................................

15  ..............................................................

16  to a court of this county providing criminal trial by jury.

17         I agree to appear in the court to which my case is

18  transferred on .... the .... day of ...., ...(Year)... 19.....

19                                 ...(Signature of petitioner)...

20                                 ...(Attorney for petitioner)...

21                        ORDER OF TRANSFER

22         This cause is hereby transferred to the .... court at

23  ...., Florida.

24                                  DONE AND ORDERED this .... day

25                                    of ...., ...(Year)... 19....

26                                                   ...(Judge)...

27                 AGREEMENT OF BAIL BOND AGENT TO

28                      TRANSFER BOND TO COURT

29                     PROVIDING TRIAL BY JURY

30

31


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  1         I, ...., a duly licensed bail bond agent agree to the

  2  transfer of that certain bond .... to .... Court at ....,

  3  Florida.

  4                            ...(Signature of bail bond agent)...

  5

  6         Reviser's note.--Revises references to dates

  7         reading "19...." in forms in the Florida

  8         Statutes in anticipation of the approaching

  9         millennium.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


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