HOUSE AMENDMENT

    704-180AX-06                       Bill No. CS/HB 29, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Goodlette offered the following:

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13         Amendment (with title amendment) 

14         On page 2, between lines 15 and 16, of the bill

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16  insert:

17         Section 3.  Subsection (5) of section 689.21, Florida

18  Statutes, is amended, and subsections (10) and (11) are added

19  to said section, to read:

20         689.21  Disclaimer of interests in property passing

21  under certain nontestamentary instruments or under certain

22  powers of appointment.--

23         (5)  TIME IN WHICH DISCLAIMER SHALL BE MADE.--A

24  disclaimer shall be filed for recording at any time after the

25  creation of the interest but, in any event, within 12 months

26  after the effective date of the nontestamentary instrument

27  creating the interest, or, if the disclaimant is not then

28  finally ascertained as a beneficiary or her or his interest

29  has not then become indefeasibly fixed both in quality and

30  quantity, such disclaimer shall be filed not later than 12

31  months after the event which would cause her or him so to

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    File original & 9 copies    02/05/02
    hbd0005                     12:21 pm         00029-0076-111583




                                                   HOUSE AMENDMENT

    704-180AX-06                       Bill No. CS/HB 29, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  become finally ascertained and her or his interest to become

  2  indefeasibly fixed both in quality and quantity. Nevertheless,

  3  for purposes of this section, the survivorship interest in a

  4  joint tenancy with rights of survivorship or the deceased

  5  tenant's interest in tenancy by the entirety property to which

  6  the survivor succeeds by operation of law upon death of the

  7  cotenant must be disclaimed within 9 months after the date of

  8  death of the deceased cotenant.

  9         (10)  EFFECT OF DISCLAIMER OF TENANCY BY THE ENTIRETY

10  PROPERTY.--A disclaimer of an interest in real property held

11  as tenants by the entirety shall not cause the disclaimed

12  interest to be homestead property for purposes of descent and

13  distribution under ss. 732.401 and 732.4015.

14         (11)  EXTENT OF DISCLAIMED INTEREST IN TENANCY BY THE

15  ENTIRETY PROPERTY.--For the purposes of this section, the

16  deceased tenant's interest in tenancy by the entirety property

17  shall be deemed to be an undivided one-half interest.

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20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 1, line 8, after "exceptions;"

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24  insert:

25         amending s. 689.21, F.S.; revising language

26         with respect to the time in which a disclaimer

27         of interest in certain property may be made;

28         providing for the effect of disclaimer of

29         tenancy by the entirety property; providing for

30         the extent of disclaimed interest in tenancy by

31         the entirety property;

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    File original & 9 copies    02/05/02
    hbd0005                     12:21 pm         00029-0076-111583