House Bill 4015c1

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    Florida House of Representatives - 2000             CS/HB 4015

        By the Committees on Real Property & Probate, Rules &
    Calendar and Representative Byrd





  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; repealing s.

  7         28.15, F.S., relating to transfer of records

  8         from the former superior courts to the circuit

  9         courts; repealing ss. 55.08, 55.09, and 55.101,

10         F.S., relating to conditions under which

11         judgments and decrees entered prior to a

12         certain date or under certain former provisions

13         of law become liens; repealing s. 74.121, F.S.,

14         relating to the effective date and

15         applicability of ch. 65-369, Laws of Florida,

16         which related to eminent domain proceedings;

17         repealing s. 95.022, F.S., relating to the

18         effective date of and a saving clause for ch.

19         74-382, Laws of Florida, which related to

20         limitations of actions; repealing s.

21         196.011(13), F.S., relating to charitable

22         organizations that failed to timely file for

23         exemption from ad valorem taxation for the 1994

24         tax year; repealing s. 198.331, F.S., relating

25         to the applicability of certain lien provisions

26         to the estates of decedents dying after a

27         certain date; repealing s. 689.18(6), F.S.,

28         relating to cancellation of reverter language

29         in conveyances of real property; repealing s.

30         692.101(4), F.S., relating to conveyances of

31         real property by or to unincorporated churches;

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    Florida House of Representatives - 2000             CS/HB 4015

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  1         repealing s. 694.01, relating to conveyances of

  2         real property executed under Spanish law;

  3         repealing s. 695.20, F.S., relating to the

  4         recording of specified contracts for the

  5         purchase of real property; repealing s. 696.04,

  6         F.S., relating to the recording of certain

  7         contracts for deed; amending ss. 696.02 and

  8         696.03, F.S.; correcting cross references, to

  9         conform; amending s. 718.401, F.S.; deleting an

10         applicability provision relating to

11         condominium-leasehold litigation commenced

12         prior to a specified date; repealing s.

13         718.622, F.S., relating to conversions to

14         condominium in process on the effective date of

15         the Roth Act; repealing s. 719.203(6), F.S.,

16         relating to construction warranties on

17         cooperatives existing prior to a specified

18         date; amending s. 719.401, F.S.; deleting an

19         applicability provision relating to

20         cooperative-leasehold litigation commenced

21         prior to a specified date; providing an

22         effective date.

23

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

25

26         Section 1.  Section 28.15, Florida Statutes, is

27  repealed.

28         Section 2.  Sections 55.08, 55.09, and 55.101, Florida

29  Statutes, are repealed.

30         Section 3.  Section 74.121, Florida Statutes, is

31  repealed.

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  1         Section 4.  Section 95.022, Florida Statutes, is

  2  repealed.

  3         Section 5.  Subsection (13) of section 196.011, Florida

  4  Statutes, is repealed.

  5         Section 6.  Section 198.331, Florida Statutes, is

  6  repealed.

  7         Section 7.  Subsection (6) of section 689.18, Florida

  8  Statutes, is repealed.

  9         Section 8.  Subsection (4) of section 692.101, Florida

10  Statutes, is repealed.

11         Section 9.  Section 694.01, Florida Statutes, is

12  repealed.

13         Section 10.  Section 695.20, Florida Statutes, is

14  repealed.

15         Section 11.  Section 696.04, Florida Statutes, is

16  repealed.

17         Section 12.  Section 696.02, Florida Statutes, is

18  amended to read:

19         696.02  Assignments of contracts for sale of realty not

20  entitled to record unless original is recorded or entitled to

21  record.--No assignment of any contract, agreement, or other

22  instrument purporting to contain an agreement to purchase or

23  sell real estate shall be recorded in any of the public

24  records of this state, unless the contract, agreement or other

25  instrument sought to be assigned shall have been recorded, or

26  is entitled to be recorded under the provisions of ss.

27  696.01-696.03 696.01-696.04.

28         Section 13.  Section 696.03, Florida Statutes, is

29  amended to read:

30         696.03  When agreement executed by agent or attorney

31  may be recorded.--No contract or agreement or other instrument

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    Florida House of Representatives - 2000             CS/HB 4015

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  1  purporting to contain an agreement to sell or purchase real

  2  estate, which has been executed by an agent or attorney in

  3  fact shall be recorded in any of the public records of this

  4  state, unless the authority of such agent or attorney in fact

  5  to execute the instrument sought to be recorded is produced

  6  and recorded by the recording officer, or is already recorded

  7  in the county where such instrument is sought to be recorded;

  8  and for the purposes of ss. 696.01-696.03 696.01-696.04 no

  9  authority for the execution of instruments by an agent or

10  attorney in fact shall be accepted which is not executed in

11  the manner provided by law for the execution of deeds.

12         Section 14.  Paragraph (d) of subsection (1) of section

13  718.401, Florida Statutes, is amended to read:

14         718.401  Leaseholds.--

15         (1)  A condominium may be created on lands held under

16  lease or may include recreational facilities or other common

17  elements or commonly used facilities on a leasehold if, on the

18  date the first unit is conveyed by the developer to a bona

19  fide purchaser, the lease has an unexpired term of at least 50

20  years. However, if the condominium constitutes a

21  nonresidential condominium or commercial condominium, or a

22  timeshare condominium created pursuant to chapter 721, the

23  lease shall have an unexpired term of at least 30 years.  If

24  rent under the lease is payable by the association or by the

25  unit owners, the lease shall include the following

26  requirements:

27         (d)1.  In any action by the lessor to enforce a lien

28  for rent payable or in any action by the association or a unit

29  owner with respect to the obligations of the lessee or the

30  lessor under the lease, the unit owner or the association may

31  raise any issue or interpose any defense, legal or equitable,

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    Florida House of Representatives - 2000             CS/HB 4015

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  1  that he or she or it may have with respect to the lessor's

  2  obligations under the lease.  If the unit owner or the

  3  association initiates any action or interposes any defense

  4  other than payment of rent under the lease, the unit owner or

  5  the association shall, upon service of process upon the

  6  lessor, pay into the registry of the court any allegedly

  7  accrued rent and the rent which accrues during the pendency of

  8  the proceeding, when due.  If the unit owner or the

  9  association fails to pay the rent into the registry of the

10  court, the failure constitutes an absolute waiver of the unit

11  owner's or association's defenses other than payment, and the

12  lessor is entitled to default.  The unit owner or the

13  association shall notify the lessor of any deposits.  When the

14  unit owner or the association has deposited the required funds

15  into the registry of the court, the lessor may apply to the

16  court for disbursement of all or part of the funds shown to be

17  necessary for the payment of taxes, mortgage payments,

18  maintenance and operating expenses, and other necessary

19  expenses incident to maintaining and equipping the leased

20  facilities or necessary for the payment of other expenses

21  arising out of personal hardship resulting from the loss of

22  rental income from the leased facilities.  The court, after an

23  evidentiary hearing, may award all or part of the funds on

24  deposit to the lessor for such purpose.  The court shall

25  require the lessor to post bond or other security, as a

26  condition to the release of funds from the registry, when the

27  value of the leased land and improvements, apart from the

28  lease itself, is inadequate to fully secure the sum of

29  existing encumbrances on the leased property and the amounts

30  released from the court registry.

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    Florida House of Representatives - 2000             CS/HB 4015

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  1         2.  When the association or unit owners have deposited

  2  funds into the registry of the court pursuant to this

  3  subsection and the unit owners and association have otherwise

  4  complied with their obligations under the lease or agreement,

  5  other than paying rent into the registry of the court rather

  6  than to the lessor, the lessor cannot hold the association or

  7  unit owners in default on their rental payments nor may the

  8  lessor file liens or initiate foreclosure proceedings against

  9  unit owners.  If the lessor, in violation of this subsection,

10  attempts such liens or foreclosures, then the lessor may be

11  liable for damages plus attorney's fees and costs that the

12  association or unit owners incurred in satisfying those liens

13  or foreclosures.

14         3.  Nothing in this paragraph affects litigation

15  commenced prior to October 1, 1979.

16         Section 15.  Section 718.622, Florida Statutes, is

17  repealed.

18         Section 16.  Subsection (6) of section 719.203, Florida

19  Statutes, is repealed.

20         Section 17.  Paragraph (d) of subsection (1) of section

21  719.401, Florida Statutes, is amended to read:

22         719.401  Leaseholds.--

23         (1)  A cooperative may be created on lands held under

24  lease or may include recreational facilities or other common

25  elements or commonly used facilities on a leasehold, if, on

26  the date the first unit is conveyed by the developer to a bona

27  fide purchaser, the lease has an unexpired term of at least 50

28  years. If rent under the lease is payable by the association

29  or by the unit owners, the lease shall include the following

30  requirements:

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    Florida House of Representatives - 2000             CS/HB 4015

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  1         (d)1.  In any action by the lessor to enforce a lien

  2  for rent payable or in any action by the association or a unit

  3  owner with respect to the obligations of the lessee or the

  4  lessor under the lease, the unit owner or the association may

  5  raise any issue or interpose any defenses, legal or equitable,

  6  that he or she or it may have with respect to the lessor's

  7  obligations under the lease.  If the unit owner or the

  8  association initiates any action or interposes any defense

  9  other than payment of rent under the lease, the unit owner or

10  the association shall, upon service of process upon the

11  lessor, pay into the registry of the court any allegedly

12  accrued rent and the rent which accrues during the pendency of

13  the proceeding, when due.  If the unit owner or the

14  association fails to pay the rent into the registry of the

15  court, it shall constitute an absolute waiver of the unit

16  owner's or association's defenses other than payment, and the

17  lessor shall be entitled to default. The unit owner or the

18  association shall notify the lessor of any deposits.  When the

19  unit owner or the association has deposited the required funds

20  into the registry of the court, the lessor may apply to the

21  court for disbursement of all or part of the funds shown to be

22  necessary for the payment of taxes, mortgage payments,

23  maintenance and operating expenses, and other necessary

24  expenses incident to maintaining and equipping the leased

25  facilities or necessary for the payment of other expenses

26  arising out of personal hardship resulting from the loss of

27  rental income from the leased facilities.  The court, after an

28  evidentiary hearing, may award all or part of the funds on

29  deposit to the lessor for such purpose. The court shall

30  require the lessor to post bond or other security, as a

31  condition to the release of funds from the registry, when the

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    Florida House of Representatives - 2000             CS/HB 4015

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  1  value of the leased land and improvements, apart from the

  2  lease itself, is inadequate to fully secure the sum of

  3  existing encumbrances on the leased property and the amounts

  4  released from the court registry.

  5         2.  When the association or unit owners have deposited

  6  funds into the registry of the court pursuant to this

  7  subsection, and the unit owners and association have otherwise

  8  complied with their obligations under the lease or agreement,

  9  other than paying rent into the registry of the court rather

10  than to the lessor, the lessor cannot hold the association or

11  unit owners in default on their rental payments nor may the

12  lessor file liens or initiate foreclosure proceedings against

13  unit owners.  If the lessor, in violation of this subsection,

14  attempts such liens or foreclosures, then the lessor may be

15  liable for damages plus attorney's fees and costs which the

16  association or unit owners incurred in satisfying those liens

17  or foreclosures.

18         3.  Nothing in this paragraph shall affect litigation

19  commenced prior to October 1, 1979.

20         Section 18.  This act shall take effect upon becoming a

21  law.

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