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



                                                   HOUSE AMENDMENT

                                                 Bill No. CS/HB 29

    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) Simmons offered the following:

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13         Amendment (with title amendment) 

14         On page 1, between lines 17 and 18,

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16  insert:

17         Section 2.  Subsection (1) of section 689.071, Florida

18  Statutes, is amended to read:

19         689.071  Land trusts transferring interests in real

20  estate; ownership vests in trustee.--

21         (1)  Every conveyance, deed, mortgage, lease

22  assignment, or other instrument heretofore or hereafter made,

23  hereinafter referred to as "the recorded instrument,"

24  transferring any interest in real property in this state,

25  including but not limited to a leasehold or mortgagee

26  interest, to any person, corporation, bank, or trust company,

27  or other entity qualified to act as a fiduciary in this state,

28  in which recorded instrument the person, corporation, bank, or

29  trust company, or other entity is designated "trustee," or "as

30  trustee," without therein naming the beneficiaries of such

31  trust, whether or not reference is made in the recorded

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    File original & 9 copies    01/31/02
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                                                   HOUSE AMENDMENT

                                                 Bill No. CS/HB 29

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





  1  instrument to any separate collateral unrecorded declarations

  2  or agreements, is effective to vest, and is hereby declared to

  3  have vested, in such trustee full rights of ownership over the

  4  real property or interest therein, with full power and

  5  authority as granted and provided in the recorded instrument

  6  to deal in and with the property or interest therein or any

  7  part thereof; provided, the recorded instrument confers on the

  8  trustee the power and authority either to protect, conserve

  9  and to sell, or to lease, or to encumber, or otherwise to

10  manage and dispose of the real property described in the

11  recorded instrument.

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

15  And the title is amended as follows:

16         On page 1, line 6,

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18  after the semicolon insert:

19         amending s. 689.071, F.S.; prescribing

20         additional entities that receive an ownership

21         interest in trust property when named trustee;

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    File original & 9 copies    01/31/02
    hbd0001                     01:42 pm         00029-0037-124039