Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 454
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/15/2017           .                                

       Appropriations Subcommittee on General Government (Brandes)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete line 288
    4  and insert:
    5         Section 8. Effective July 1, 2017, section 627.7843,
    6  Florida Statutes, is amended to read:
    7         627.7843 Property information Ownership and encumbrance
    8  reports.—
    9         (1) As used in this section, the term “property information
   10  report” “ownership and encumbrance report” means any a report
   11  that complies with this section and discloses certain defined
   12  documents or information imparting constructive notice and
   13  appearing in the official records as defined in s. 28.001, the
   14  records of a county tax collector pertaining to ad valorem real
   15  property taxes and special assessments levied by a governmental
   16  authority, or the records of the office of the Secretary of
   17  State or other filing office pertaining relating to specified
   18  real or personal property. A property information report may be
   19  issued by any person, including a Florida-licensed title
   20  insurer, title agent, or title agency. A report that does not
   21  contain the statement required in subsection (3) is title
   22  insurance as defined in s. 624.608.
   23         (2) A property information report does not include a title
   24  search, as defined in s. 627.7711, performed solely for the
   25  purpose of issuing a title insurance commitment, title insurance
   26  policy, or any related form An ownership and encumbrance report
   27  may not directly or indirectly set forth or imply any opinion,
   28  warranty, guarantee, insurance, or other similar assurance as to
   29  the status of title to real property.
   30         (3) The contractual liability of the issuer of a property
   31  information report is limited to the person expressly identified
   32  by name in the report as the recipient of the report and may not
   33  exceed the amount paid for the report. Contractual remedies are
   34  available only for an error or omission that arises from a
   35  property information report. A property information report must
   36  contain the following statement or a substantially similar
   37  statement: “This property information report is not title
   38  insurance. Pursuant to s. 627.7843, F.S., the maximum liability
   39  of the issuer of this property information report for any errors
   40  or omissions contained herein is limited to the amount paid for
   41  this property information report and is further limited to the
   42  person(s) expressly identified by name in this property
   43  information report as the recipient(s) of this property
   44  information report.” Any ownership and encumbrance report or
   45  similar report that is relied on or intended to be relied on by
   46  a consumer must be on forms approved by the office, and must
   47  provide for a maximum liability for incorrect information of not
   48  more than $1,000.
   49         (4)This section does not apply to an opinion of title
   50  issued by an attorney licensed to practice law in the state.
   51  This section may not adversely affect any limitation of
   52  liability or disclaimer contained in a report that does not
   53  contain the statement required in subsection (3).
   54         Section 9. Effective July 1, 2017, section 177.041, Florida
   55  Statutes, is amended to read:
   56         177.041 Boundary survey and property information report
   57  title certification required.—Every plat or replat of a
   58  subdivision submitted to the approving agency of the local
   59  governing body must be accompanied by:
   60         (1) A boundary survey of the platted lands. However, a new
   61  boundary survey for a replat is required only when the replat
   62  affects any boundary of the previously platted property or when
   63  improvements which may affect the boundary of the previously
   64  platted property have been made on the lands to be replatted.
   65  The boundary survey must be performed and prepared under the
   66  responsible direction and supervision of a professional surveyor
   67  and mapper preceding the initial submittal of the plat to the
   68  local governing body. This subsection does not restrict a legal
   69  entity from employing one professional surveyor and mapper to
   70  perform and prepare the boundary survey and another professional
   71  surveyor and mapper to prepare the plat.
   72         (2) A title opinion of an attorney at law licensed in
   73  Florida or a property information report that complies with s.
   74  627.7843 which shows certification by an abstractor or a title
   75  company showing that record title to the land as described and
   76  shown on the plat is in the name of the person, persons,
   77  corporation, or entity executing the dedication. The title
   78  opinion or property information report certification shall also
   79  show all mortgages not satisfied or released of record nor
   80  otherwise terminated by law.
   81         Section 10. Effective July 1, 2017, subsections (11) and
   82  (16) of section 177.091, Florida Statutes, are amended to read:
   83         177.091 Plats made for recording.—Every plat of a
   84  subdivision offered for recording shall conform to the
   85  following:
   86         (11) Each plat shall show a description of the lands
   87  subdivided, and the description shall be the same in the
   88  property information report title certification. The description
   89  must be so complete that from it, without reference to the plat,
   90  the starting point and boundary can be determined.
   91         (16) Location and width of proposed easements and existing
   92  easements identified in the title opinion or property
   93  information report certification required by s. 177.041(2) shall
   94  be shown on the plat or in the notes or legend, and their
   95  intended use shall be clearly stated. Where easements are not
   96  coincident with property lines, they must be labeled with
   97  bearings and distances and tied to the principal lot, tract, or
   98  right-of-way.
   99         Section 11. Effective July 1, 2017, paragraph (a) of
  100  subsection (5) of section 197.502, Florida Statutes, is amended
  101  to read:
  102         197.502 Application for obtaining tax deed by holder of tax
  103  sale certificate; fees.—
  104         (5)(a) The tax collector may contract with a title company
  105  or an abstract company to provide the minimum information
  106  required in subsection (4), consistent with rules adopted by the
  107  department. If additional information is required, the tax
  108  collector must make a written request to the title or abstract
  109  company stating the additional requirements. The tax collector
  110  may select any title or abstract company, regardless of its
  111  location, as long as the fee is reasonable, the minimum
  112  information is submitted, and the title or abstract company is
  113  authorized to do business in this state. The tax collector may
  114  advertise and accept bids for the title or abstract company if
  115  he or she considers it appropriate to do so.
  116         1. The property information ownership and encumbrance
  117  report must include the letterhead of the person, firm, or
  118  company that makes the search, and the signature of the
  119  individual who makes the search or of an officer of the firm.
  120  The tax collector is not liable for payment to the firm unless
  121  these requirements are met. The report may be submitted to the
  122  tax collector in an electronic format.
  123         2. The tax collector may not accept or pay for any title
  124  search or abstract if financial responsibility is not assumed
  125  for the search. However, reasonable restrictions as to the
  126  liability or responsibility of the title or abstract company are
  127  acceptable. Notwithstanding s. 627.7843(3), the tax collector
  128  may contract for higher maximum liability limits.
  129         3. In order to establish uniform prices for property
  130  information ownership and encumbrance reports within the county,
  131  the tax collector must ensure that the contract for property
  132  information ownership and encumbrance reports include all
  133  requests for title searches or abstracts for a given period of
  134  time.
  135         Section 12. Except as otherwise expressly provided in this
  136  act, this act shall take effect upon becoming a law.
  138  ================= T I T L E  A M E N D M E N T ================
  139  And the title is amended as follows:
  140         Delete line 25
  141  and insert:
  142         by the act; amending s. 627.7843, F.S.; defining the
  143         term “property information report” and replacing the
  144         term “ownership and encumbrance report”; deleting a
  145         prohibition and requirements relating to ownership and
  146         encumbrance reports; providing that a property
  147         information report does not include a title search
  148         performed solely for certain purposes; providing a
  149         contractual liability limitation for the issuer of a
  150         property information report; requiring certain
  151         disclosures in property information reports; providing
  152         applicability; amending ss. 177.041, 177.091, and
  153         197.502, F.S.; conforming provisions to changes made
  154         by the act; providing effective dates.