HOUSE AMENDMENT
Bill No. CS/CS/HB 1053, 1st Eng.
Amendment No. e15 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Gardiner offered the following:
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13 Amendment to Amendment (742687) (with title amendment)
14 On page 54, between lines 16 and 17,
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16 insert:
17 Section 27. Section 336.12, Florida Statutes, is
18 amended to read:
19 336.12 Closing and abandonment of roads; termination
20 of easement; conveyance of fee; optional conveyance for gated
21 communities.--
22 (1) Except as otherwise provided in subsection (2),
23 the act of any commissioners in closing or abandoning any such
24 road, or in renouncing or disclaiming any rights in any land
25 delineated on any recorded map as a road, shall abrogate the
26 easement theretofore owned, held, claimed or used by or on
27 behalf of the public and the title of fee owners shall be
28 freed and released therefrom; and if the fee of road space has
29 been vested in the county, same will be thereby surrendered
30 and will vest in the abutting fee owners to the extent and in
31 the same manner as in case of termination of an easement for
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File original & 9 copies 05/02/01
htr0002 11:56 am 01053-0040-764783
HOUSE AMENDMENT
Bill No. CS/CS/HB 1053, 1st Eng.
Amendment No. e15 (for drafter's use only)
1 road purposes.
2 (2) The governing body of the county may abandon the
3 roads and rights-of-way dedicated in a recorded residential
4 subdivision plat and simultaneously convey the county's
5 interest in such roads, rights-of-way, and appurtenant
6 drainage facilities to a homeowners' association for the
7 subdivision, if the following conditions have been met:
8 (a) The homeowners' association has requested the
9 abandonment and conveyance in writing for the purpose of
10 converting the subdivision to a gated neighborhood with
11 restricted public access.
12 (b) No fewer than four-fifths of the owners of record
13 of property located in the subdivision have consented in
14 writing to the abandonment and simultaneous conveyance to the
15 homeowners' association.
16 (c) The homeowners' association is both a corporation
17 not for profit organized and in good standing under chapter
18 617, and a "homeowners' association" as defined in s.
19 720.301(7) with the power to levy and collect assessments for
20 routine and periodic major maintenance and operation of street
21 lighting, drainage, sidewalks, and pavement in the
22 subdivision.
23 (d) The homeowners' association has entered into and
24 executed such agreements, covenants, warranties, and other
25 instruments; has provided, or has provided assurance of, such
26 funds, reserve funds, and funding sources; and has satisfied
27 such other requirements and conditions as may be established
28 or imposed by the county with respect to the ongoing
29 operation, maintenance, and repair and the periodic
30 reconstruction or replacement of the roads, drainage, street
31 lighting, and sidewalks in the subdivision after the
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File original & 9 copies 05/02/01
htr0002 11:56 am 01053-0040-764783
HOUSE AMENDMENT
Bill No. CS/CS/HB 1053, 1st Eng.
Amendment No. e15 (for drafter's use only)
1 abandonment by the county.
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3 Upon abandonment of the roads and rights-of-way and the
4 conveyance thereof to the homeowners' association, the
5 homeowners' association shall have all the rights, title, and
6 interests in the roads and rights-of-way, including all
7 appurtenant drainage facilities, as were previously vested in
8 the county. Thereafter, the homeowners' association shall
9 hold the roads and rights-of-way in trust for the benefit of
10 the owners of the property in the subdivision, and shall
11 operate, maintain, repair, and, from time to time, replace and
12 reconstruct the roads, street lighting, sidewalks, and
13 drainage facilities as necessary to ensure their use and
14 enjoyment by the property owners, tenants, and residents of
15 the subdivision and their guests and invitees.
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19 And the title is amended as follows:
20 On page 150, line 21, after "speeds;" of the amendment
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22 insert:
23 amending s. 336.12, F.S.; creating a process
24 for homeowners' associations to be conveyed
25 roads and rights-of-way abandoned by a county
26 governing board for the purpose of converting
27 subdivisions into gated neighborhoods;
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File original & 9 copies 05/02/01
htr0002 11:56 am 01053-0040-764783