Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (149870) for CS for SB 454
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2017           .                                

       The Committee on Appropriations (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 327 and 328
    4  insert:
    5         Section 9. Section 627.7843, Florida Statutes, is amended
    6  to read:
    7         627.7843 Property information reports Ownership and
    8  encumbrance reports.—
    9         (1) As used in this section, the term “property information
   10  report” means any report that contains the limitations of this
   11  section and discloses documents or information appearing in the
   12  Official Records as described in s. 28.222, in the records of a
   13  county tax collector pertaining to ad valorem real property
   14  taxes and special assessments imposed by a governmental
   15  authority against real property, in the Secretary of State
   16  filing office, or in another governmental filing office
   17  pertaining to real or personal property. A property information
   18  report may be issued by any person, including a Florida-licensed
   19  title insurer, title agent, or title agency “ownership and
   20  encumbrance report” means a report that discloses certain
   21  defined documents imparting constructive notice and appearing in
   22  the official records relating to specified real property.
   23         (2) A property information An ownership and encumbrance
   24  report may not directly or indirectly set forth or imply any
   25  opinion, warranty, guarantee, insurance, or other similar
   26  assurance as to the status of title to real property.
   27         (3) The contractual liability of the issuer of a property
   28  information report is limited to the person or persons expressly
   29  identified by name in the property information report as the
   30  recipient or recipients of the property information report and
   31  may not exceed the amount paid for the property information
   32  report. Only contractual remedies are available for an error or
   33  omission that arises from a property information report. A
   34  property information report must contain the following language:
   36  “This report is not title insurance. Pursuant to s. 627.7843,
   37  Florida Statutes, the maximum liability of the issuer of this
   38  property information report for errors or omissions in this
   39  property information report is limited to the amount paid for
   40  this property information report, and is further limited to the
   41  person(s) expressly identified by name in the property
   42  information report as the recipient(s) of the property
   43  information report.” Any ownership and encumbrance report or
   44  similar report that is relied on or intended to be relied on by
   45  a consumer must be on forms approved by the office, and must
   46  provide for a maximum liability for incorrect information of not
   47  more than $1,000.
   48         (4) This section is not applicable to an opinion of title
   49  issued by an attorney.
   50         Section 10. Subsection (2) of section 177.041, Florida
   51  Statutes, is amended to read:
   52         177.041 Boundary survey and title certification required.
   53  Every plat or replat of a subdivision submitted to the approving
   54  agency of the local governing body must be accompanied by:
   55         (2) A title opinion of an attorney at law licensed in
   56  Florida or a property information report certification by an
   57  abstractor or a title company showing that record title to the
   58  land as described and shown on the plat is in the name of the
   59  person, persons, corporation, or entity executing the
   60  dedication. The title opinion or property information report
   61  must certification shall also show all mortgages not satisfied
   62  or released of record nor otherwise terminated by law.
   63         Section 11. Subsection (16) of section 177.091, Florida
   64  Statutes, is amended to read:
   65         177.091 Plats made for recording.—Every plat of a
   66  subdivision offered for recording shall conform to the
   67  following:
   68         (16) Location and width of proposed easements and existing
   69  easements identified in the title opinion or property
   70  information report certification required by s. 177.041(2) must
   71  shall be shown on the plat or in the notes or legend, and their
   72  intended use shall be clearly stated. Where easements are not
   73  coincident with property lines, they must be labeled with
   74  bearings and distances and tied to the principal lot, tract, or
   75  right-of-way.
   76         Section 12. Paragraph (a) of subsection (5) of section
   77  197.502, Florida Statutes, is amended to read:
   78         197.502 Application for obtaining tax deed by holder of tax
   79  sale certificate; fees.—
   80         (5)(a) The tax collector may contract with a title company
   81  or an abstract company to provide the minimum information
   82  required in subsection (4), consistent with rules adopted by the
   83  department. If additional information is required, the tax
   84  collector must make a written request to the title or abstract
   85  company stating the additional requirements. The tax collector
   86  may select any title or abstract company, regardless of its
   87  location, as long as the fee is reasonable, the minimum
   88  information is submitted, and the title or abstract company is
   89  authorized to do business in this state. The tax collector may
   90  advertise and accept bids for the title or abstract company if
   91  he or she considers it appropriate to do so.
   92         1. The property information ownership and encumbrance
   93  report must include the letterhead of the person, firm, or
   94  company that makes the search, and the signature of the
   95  individual who makes the search or of an officer of the firm.
   96  The tax collector is not liable for payment to the firm unless
   97  these requirements are met. The report may be submitted to the
   98  tax collector in an electronic format.
   99         2. The tax collector may not accept or pay for any title
  100  search or abstract if financial responsibility is not assumed
  101  for the search. However, reasonable restrictions as to the
  102  liability or responsibility of the title or abstract company are
  103  acceptable. Notwithstanding s. 627.7843(3), the tax collector
  104  may contract for higher maximum liability limits.
  105         3. In order to establish uniform prices for property
  106  information ownership and encumbrance reports within the county,
  107  the tax collector must ensure that the contract for property
  108  information ownership and encumbrance reports include all
  109  requests for title searches or abstracts for a given period of
  110  time.
  112  ================= T I T L E  A M E N D M E N T ================
  113  And the title is amended as follows:
  114         Delete line 29
  115  and insert:
  116         by the act; amending s. 627.7843, F.S.; replacing
  117         provisions relating to ownership and encumbrance
  118         reports with provisions relating to property
  119         information reports; defining the term “property
  120         information report”; prohibiting property information
  121         reports from setting forth or implying certain
  122         assurances as to the statute of title of real
  123         property; specifying a limitation on the contractual
  124         liability of issuers of property information reports;
  125         requiring a specified disclosure in property
  126         information reports; providing applicability; amending
  127         s. 177.041, F.S.; providing that a specified property
  128         information report, rather than a specified
  129         certification by an abstractor or a title company, may
  130         be submitted as part of certain information required
  131         in relation to the plat or replat of a subdivision;
  132         amending ss. 177.091 and 197.502, F.S.; conforming
  133         provisions to changes made by the act; providing an
  134         effective date.