SENATE AMENDMENT
Bill No. SB 1410
Amendment No. 1 Barcode 854126
CHAMBER ACTION
Senate House
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11 The Committee on Comprehensive Planning recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 3, between lines 18 and 19,
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17 insert:
18 Section 3. Subsection (1) of section 712.05, Florida
19 Statutes, is amended to read:
20 712.05 Effect of filing notice.--
21 (1) Any person claiming an interest in land or a
22 homeowners' association desiring to preserve any covenant or
23 restriction or any portion of a covenant or restriction may
24 preserve and protect the same from extinguishment by the
25 operation of this act by filing for record, during the 30-year
26 period immediately following the effective date of the root of
27 title, a notice, in writing, in accordance with the provisions
28 hereof, which notice shall have the effect of so preserving
29 such claim of right or such covenant or restriction or portion
30 of such covenant or restriction for a period of not longer
31 than 30 years after filing the same unless again filed as
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SENATE AMENDMENT
Bill No. SB 1410
Amendment No. 1 Barcode 854126
1 required herein. No disability or lack of knowledge of any
2 kind on the part of anyone shall delay the commencement of or
3 suspend the running of said 30-year period. Such notice may be
4 filed for record by the claimant or by any other person acting
5 on behalf of any claimant who is:
6 (a) Under a disability,
7 (b) Unable to assert a claim on his or her behalf, or
8 (c) One of a class, but whose identity cannot be
9 established or is uncertain at the time of filing such notice
10 of claim for record.
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12 Such notice may be filed by a homeowners' association only if
13 the preservation of such covenant or restriction or portion of
14 such covenant or restriction is approved by at least
15 two-thirds of the members of the board of directors of an
16 incorporated homeowners' association at a meeting for which a
17 notice, stating the time and place of the meeting and
18 containing the Statement of Marketable Record Title Action
19 described in s. 712.06(1)(b), was mailed or hand-delivered to
20 members of the homeowner's association not less than 7 days
21 before the meeting a majority vote at a meeting of the
22 membership where a quorum is present.
23 Section 4. Paragraphs (b) and (e) of subsection (1) of
24 section 712.06, Florida Statutes, are amended to read:
25 712.06 Contents of notice; recording and indexing.--
26 (1) To be effective, the notice above referred to
27 shall contain:
28 (b) The name and post office address of an owner, or
29 the name and post office address of the person in whose name
30 said property is assessed on the last completed tax assessment
31 roll of the county at the time of filing, who, for the purpose
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SENATE AMENDMENT
Bill No. SB 1410
Amendment No. 1 Barcode 854126
1 of such notice, shall be deemed to be an owner; however, if a
2 homeowners' association is filing the notice, the requirements
3 of this paragraph may be satisfied by attaching to and
4 recording with the notice an affidavit executed by the
5 appropriate member of the homeowners' association board of
6 directors affirming that the board of directors of the
7 homeowners' association caused a statement in substantially
8 the following form to be mailed or hand-delivered to the
9 homeowners' association's members.
10 STATEMENT OF MARKETABLE TITLE ACTION
11 The (name of homeowners' association) (the
12 "Association") has taken action to ensure that the (name of
13 declaration, covenant or restriction) recorded in Official
14 Records Book ............, Page ........ of the public records
15 of ............ County, Florida, as may be amended from time
16 to time, currently burdening the property of each and every
17 member of the Association retains its status as the source of
18 marketable title with regard to the transfer of a member's
19 residence. To this end, the Association shall cause the notice
20 required by chapter 712, Florida Statutes, to be recorded in
21 the public records of ............ County, Florida. Copies of
22 this notice and its attachments are available through the
23 Association pursuant to the Association's governing documents
24 regarding official records of the Association.
25 (e) If such claim is based upon an instrument of
26 record or a recorded covenant or restriction, such instrument
27 of record or recorded covenant or restriction is considered to
28 shall be sufficiently described to identify the same if the
29 notice includes a, including reference to the book and page in
30 which the same is recorded.
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SENATE AMENDMENT
Bill No. SB 1410
Amendment No. 1 Barcode 854126
1 (Redesignate subsequent sections.)
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4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 On page 1, line 7, after the semicolon,
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8 insert:
9 amending s. 712.05, F.S.; providing for the
10 board of directors of a homeowners' association
11 to preserve covenants or restrictions through
12 an extraordinary vote; amending s. 712.06,
13 F.S.; providing notice requirements for
14 homeowners' associations;
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