Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 735, 2nd Eng.
       
       
       
       
       
       
                                Ì8852367Î885236                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/2R         .                                
             05/04/2017 10:16 PM       .                                
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       Senator Passidomo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 712.001, Florida Statutes, is created to
    6  read:
    7         712.001 Short title.—This chapter may be cited as the
    8  “Marketable Record Title Act.”
    9         Section 2. Section 712.01, Florida Statutes, is reordered
   10  and amended to read:
   11         712.01 Definitions.—As used in this chapter, the term law:
   12         (1) “Community covenant or restriction” means any agreement
   13  or limitation contained in a document recorded in the public
   14  records of the county in which a parcel is located which:
   15         (a) Subjects the parcel to any use restriction that may be
   16  enforced by a property owners’ association; or
   17         (b) Authorizes a property owners’ association to impose a
   18  charge or assessment against the parcel or the parcel owner.
   19         (4)(1)The term “Person” includes the as used herein
   20  denotes singular or plural, natural or corporate, private or
   21  governmental, including the state and any political subdivision
   22  or agency thereof as the context for the use thereof requires or
   23  denotes and including any property owners’ homeowners’
   24  association.
   25         (6)(2) “Root of title” means any title transaction
   26  purporting to create or transfer the estate claimed by any
   27  person and which is the last title transaction to have been
   28  recorded at least 30 years before prior to the time when
   29  marketability is being determined. The effective date of the
   30  root of title is the date on which it was recorded.
   31         (7)(3) “Title transaction” means any recorded instrument or
   32  court proceeding that which affects title to any estate or
   33  interest in land and that which describes the land sufficiently
   34  to identify its location and boundaries.
   35         (5)(4)Property owners’ association” The termhomeowners’
   36  association” means a homeowners’ association as defined in s.
   37  720.301, a corporation or other entity responsible for the
   38  operation of property in which the voting membership is made up
   39  of the owners of the property or their agents, or a combination
   40  thereof, and in which membership is a mandatory condition of
   41  property ownership, or an association of parcel owners which is
   42  authorized to enforce a community covenant or restriction use
   43  restrictions that is are imposed on the parcels.
   44         (3)(5)The term “Parcel” means real property that which is
   45  used for residential purposes and that is subject to exclusive
   46  ownership and which is subject to any covenant or restriction of
   47  a property owners’ homeowners’ association.
   48         (2)(6)The term “Covenant or restriction” means any
   49  agreement or limitation contained in a document recorded in the
   50  public records of the county in which a parcel is located which
   51  subjects the parcel to any use or other restriction or
   52  obligation which may be enforced by a homeowners’ association or
   53  which authorizes a homeowners’ association to impose a charge or
   54  assessment against the parcel or the owner of the parcel or
   55  which may be enforced by the Florida Department of Environmental
   56  Protection pursuant to chapter 376 or chapter 403.
   57         Section 3. Section 712.05, Florida Statutes, is amended to
   58  read:
   59         712.05 Effect of filing notice.—
   60         (1) A person claiming an interest in land or other right
   61  subject to extinguishment under this chapter a homeowners’
   62  association desiring to preserve a covenant or restriction may
   63  preserve and protect such interest or right the same from
   64  extinguishment by the operation of this chapter act by filing
   65  for record, at any time during the 30-year period immediately
   66  following the effective date of the root of title, a written
   67  notice in accordance with s. 712.06 this chapter.
   68         (2) A property owners’ association may preserve and protect
   69  a community covenant or restriction from extinguishment by the
   70  operation of this chapter by filing for record, at any time
   71  during the 30-year period immediately following the effective
   72  date of the root of title:
   73         (a) A written notice in accordance with s. 712.06; or
   74         (b) A summary notice in substantial form and content as
   75  required under s. 720.3032(2). Failure of a summary notice to be
   76  indexed to the current owners of the affected property does not
   77  affect the validity of the notice or vitiate the effect of the
   78  filing of such notice.
   79         (3)A Such notice under subsection (1) or subsection (2)
   80  preserves an interest in land or other such claim of right
   81  subject to extinguishment under this chapter, or a such covenant
   82  or restriction or portion of such covenant or restriction, for
   83  not less than up to 30 years after filing the notice unless the
   84  notice is filed again as required in this chapter. A person’s
   85  disability or lack of knowledge of any kind may not delay the
   86  commencement of or suspend the running of the 30-year period.
   87  Such notice may be filed for record by the claimant or by any
   88  other person acting on behalf of a claimant who is:
   89         (a) Under a disability;
   90         (b) Unable to assert a claim on his or her behalf; or
   91         (c) One of a class, but whose identity cannot be
   92  established or is uncertain at the time of filing such notice of
   93  claim for record.
   94  
   95  Such notice may be filed by a homeowners’ association only if
   96  the preservation of such covenant or restriction or portion of
   97  such covenant or restriction is approved by at least two-thirds
   98  of the members of the board of directors of an incorporated
   99  homeowners’ association at a meeting for which a notice, stating
  100  the meeting’s time and place and containing the statement of
  101  marketable title action described in s. 712.06(1)(b), was mailed
  102  or hand delivered to members of the homeowners’ association at
  103  least 7 days before such meeting. The property owners’
  104  homeowners’ association or clerk of the circuit court is not
  105  required to provide additional notice pursuant to s. 712.06(3).
  106  The preceding sentence is intended to clarify existing law.
  107         (4)(2) It is shall not be necessary for the owner of the
  108  marketable record title, as described in s. 712.02 herein
  109  defined, to file a notice to protect his or her marketable
  110  record title.
  111         Section 4. Subsections (1) and (3) of section 712.06,
  112  Florida Statutes, are amended to read:
  113         712.06 Contents of notice; recording and indexing.—
  114         (1) To be effective, the notice referred to in s. 712.05,
  115  other than the summary notice referred to in s. 712.05(2)(b),
  116  must shall contain:
  117         (a) The name or description and mailing address of the
  118  claimant or the property owners’ homeowners’ association
  119  desiring to preserve any covenant or restriction and the name
  120  and particular post office address of the person filing the
  121  claim or the homeowners’ association.
  122         (b) The name and mailing post office address of an owner,
  123  or the name and mailing post office address of the person in
  124  whose name the said property is assessed on the last completed
  125  tax assessment roll of the county at the time of filing, who,
  126  for purpose of such notice, shall be deemed to be an owner;
  127  provided, however, if a property owners’ homeowners’ association
  128  is filing the notice, then the requirements of this paragraph
  129  may be satisfied by attaching to and recording with the notice
  130  an affidavit executed by the appropriate member of the board of
  131  directors of the property owners’ homeowners’ association
  132  affirming that the board of directors of the property owners’
  133  homeowners’ association caused a statement in substantially the
  134  following form to be mailed or hand delivered to the members of
  135  that property owners’ homeowners’ association:
  136  
  137                STATEMENT OF MARKETABLE TITLE ACTION               
  138  
  139         The [name of property owners’ homeowners’ association] (the
  140  “Association”) has taken action to ensure that the [name of
  141  declaration, covenant, or restriction], recorded in Official
  142  Records Book ...., Page ...., of the public records of ....
  143  County, Florida, as may be amended from time to time, currently
  144  burdening the property of each and every member of the
  145  Association, retains its status as the source of marketable
  146  title with regard to the affected real property the transfer of
  147  a member’s residence. To this end, the Association shall cause
  148  the notice required by chapter 712, Florida Statutes, to be
  149  recorded in the public records of .... County, Florida. Copies
  150  of this notice and its attachments are available through the
  151  Association pursuant to the Association’s governing documents
  152  regarding official records of the Association.
  153  
  154         (c) A full and complete description of all land affected by
  155  such notice, which description shall be set forth in particular
  156  terms and not by general reference, but if said claim is founded
  157  upon a recorded instrument or a covenant or a restriction, then
  158  the description in such notice may be the same as that contained
  159  in such recorded instrument or covenant or restriction, provided
  160  the same shall be sufficient to identify the property.
  161         (d) A statement of the claim showing the nature,
  162  description, and extent of such claim or other right subject to
  163  extinguishment under this chapter or, in the case of a covenant
  164  or restriction, a copy of the covenant or restriction, except
  165  that it is shall not be necessary to show the amount of any
  166  claim for money or the terms of payment.
  167         (e) If such claim or other right subject to extinguishment
  168  under this chapter is based upon an instrument of record or a
  169  recorded covenant or restriction, such instrument of record or
  170  recorded covenant or restriction shall be deemed sufficiently
  171  described to identify the same if the notice includes a
  172  reference to the book and page in which the same is recorded.
  173         (f) Such notice shall be acknowledged in the same manner as
  174  deeds are acknowledged for record.
  175         (3) The person providing the notice referred to in s.
  176  712.05, other than a notice for preservation of a community
  177  covenant or restriction, shall:
  178         (a) Cause the clerk of the circuit court to mail by
  179  registered or certified mail to the purported owner of said
  180  property, as stated in such notice, a copy thereof and shall
  181  enter on the original, before recording the same, a certificate
  182  showing such mailing. For preparing the certificate, the
  183  claimant shall pay to the clerk the service charge as prescribed
  184  in s. 28.24(8) and the necessary costs of mailing, in addition
  185  to the recording charges as prescribed in s. 28.24(12). If the
  186  notice names purported owners having more than one address, the
  187  person filing the same shall furnish a true copy for each of the
  188  several addresses stated, and the clerk shall send one such copy
  189  to the purported owners named at each respective address. Such
  190  certificate shall be sufficient if the same reads substantially
  191  as follows:
  192  
  193         I hereby certify that I did on this ...., mail by
  194  registered (or certified) mail a copy of the foregoing notice to
  195  each of the following at the address stated:
  196  
  197  ...(Clerk of the circuit court)...
  198  of .... County, Florida,
  199  By...(Deputy clerk)...
  200  
  201  The clerk of the circuit court is not required to mail to the
  202  purported owner of such property any such notice that pertains
  203  solely to the preserving of any covenant or restriction or any
  204  portion of a covenant or restriction; or
  205         (b) Publish once a week, for 2 consecutive weeks, the
  206  notice referred to in s. 712.05, with the official record book
  207  and page number in which such notice was recorded, in a
  208  newspaper as defined in chapter 50 in the county in which the
  209  property is located.
  210         Section 5. Section 712.11, Florida Statutes, is amended to
  211  read:
  212         712.11 Covenant revitalization.—A property owners’
  213  homeowners’ association not otherwise subject to chapter 720 may
  214  use the procedures set forth in ss. 720.403-720.407 to revive
  215  covenants that have lapsed under the terms of this chapter.
  216         Section 6. Section 712.12, Florida Statutes, is created to
  217  read:
  218         712.12 Covenant or restriction revitalization by parcel
  219  owners not subject to a homeowners’ association.—
  220         (1) As used in this section, the term:
  221         (a) “Community” means the real property that is subject to
  222  a covenant or restriction that is recorded in the county where
  223  the property is located.
  224         (b) “Covenant or restriction” means any agreement or
  225  limitation imposed by a private party and not required by a
  226  governmental agency as a condition of a development permit, as
  227  defined in s. 163.3164, which is contained in a document
  228  recorded in the public records of the county in which a parcel
  229  is located and which subjects the parcel to any use restriction
  230  that may be enforced by a parcel owner.
  231         (c) “Parcel” means real property that is used for
  232  residential purposes and that is subject to exclusive ownership
  233  and any covenant or restriction that may be enforced by a parcel
  234  owner.
  235         (d) “Parcel owner” means the record owner of legal title to
  236  a parcel.
  237         (2) The parcel owners of a community not subject to a
  238  homeowners’ association may use the procedures set forth in ss.
  239  720.403-720.407 to revive covenants or restrictions that have
  240  lapsed under the terms of this chapter, except:
  241         (a) A reference to a homeowners’ association or articles of
  242  incorporation or bylaws of a homeowners’ association under ss.
  243  720.403-720.407 is not required to revive the covenants or
  244  restrictions.
  245         (b) The approval required under s. 720.405(6) must be in
  246  writing, and not at a meeting.
  247         (c) The requirements under s. 720.407(2) may be satisfied
  248  by having the organizing committee execute the revived covenants
  249  or restrictions in the name of the community.
  250         (d) The indexing requirements under s. 720.407(3) may be
  251  satisfied by indexing the community name in the covenants or
  252  restrictions as the grantee and the parcel owners as the
  253  grantors.
  254         (3) With respect to any parcel that has ceased to be
  255  governed by covenants or restrictions as of October 1, 2017, the
  256  parcel owner may commence an action by October 1, 2018, for a
  257  judicial determination that the covenants or restrictions did
  258  not govern that parcel as of October 1, 2017, and that any
  259  revitalization of such covenants or restrictions as to that
  260  parcel would unconstitutionally deprive the parcel owner of
  261  rights or property.
  262         (4) Revived covenants or restrictions that are implemented
  263  pursuant to this section do not apply to or affect the rights of
  264  the parcel owner which are recognized by any court order or
  265  judgment in any action commenced by October 1, 2018, and any
  266  such rights so recognized may not be subsequently altered by
  267  revived covenants or restrictions implemented under this section
  268  without the consent of the affected parcel owner.
  269         Section 7. Paragraph (e) is added to subsection (2) of
  270  section 720.303, Florida Statutes, to read:
  271         720.303 Association powers and duties; meetings of board;
  272  official records; budgets; financial reporting; association
  273  funds; recalls.—
  274         (2) BOARD MEETINGS.—
  275         (e) At the first board meeting, excluding the
  276  organizational meeting, which follows the annual meeting of the
  277  members, the board shall consider the desirability of filing
  278  notices to preserve the covenants or restrictions affecting the
  279  community or association from extinguishment under the
  280  Marketable Record Title Act, chapter 712, and to authorize and
  281  direct the appropriate officer to file notice in accordance with
  282  s. 720.3032.
  283         Section 8. Section 720.3032, Florida Statutes, is created
  284  to read:
  285         720.3032 Notice of association information; preservation
  286  from Marketable Record Title Act.—
  287         (1)Not less than once every 5 years, each association
  288  shall record in the official records of each county in which the
  289  community is located a notice specifying:
  290         (a)The legal name of the association.
  291         (b)The mailing and physical addresses of the association.
  292         (c)The names of the affected subdivision plats and
  293  condominiums or, if not applicable, the common name of the
  294  community.
  295         (d)The name, address, and telephone number for the current
  296  community association management company or community
  297  association manager, if any.
  298         (e)Indication as to whether the association desires to
  299  preserve the covenants or restrictions affecting the community
  300  or association from extinguishment under the Marketable Record
  301  Title Act, chapter 712.
  302         (f)A listing by name and recording information of those
  303  covenants or restrictions affecting the community which the
  304  association desires to be preserved from extinguishment.
  305         (g)The legal description of the community affected by the
  306  covenants or restrictions, which may be satisfied by a reference
  307  to a recorded plat.
  308         (h)The signature of a duly authorized officer of the
  309  association, acknowledged in the same manner as deeds are
  310  acknowledged for record.
  311         (2)Recording a document in substantially the following
  312  form satisfies the notice obligation and constitutes a summary
  313  notice as specified in s. 712.05(2)(b) sufficient to preserve
  314  and protect the referenced covenants and restrictions from
  315  extinguishment under the Marketable Record Title Act, chapter
  316  712.
  317  
  318  Notice of ...(name of association)... under s. 720.3032, Florida 
  319     Statutes, and notice to preserve and protect covenants and    
  320    restrictions from extinguishment under the Marketable Record   
  321              Title Act, chapter 712, Florida Statutes.            
  322  
  323         Instructions to recorder: Please index both the legal name
  324  of the association and the names shown in item 3.
  325         1. Legal name of association: ....
  326         2. Mailing and physical addresses of association: .... ....
  327         3.Names of the subdivision plats, or, if none, common name
  328  of community: ....
  329         4. Name, address, and telephone number for management
  330  company, if any: ................
  331         5. This notice does .... does not .... constitute a notice
  332  to preserve and protect covenants or restrictions from
  333  extinguishment under the Marketable Record Title Act.
  334         6. The following covenants or restrictions affecting the
  335  community which the association desires to be preserved from
  336  extinguishment:
  337  ...(Name of instrument)...
  338  ...(Official Records Book where recorded & page)...
  339  ...(List of instruments)...
  340  ...(List of recording information)...
  341         7. The legal description of the community affected by the
  342  listed covenants or restrictions is: ...(Legal description,
  343  which may be satisfied by reference to a recorded plat)...
  344         This notice is filed on behalf of ...(Name of
  345  association)... as of ...(Date)....
  346  ...(Name of association)...
  347  
  348  By: ....
  349  ...(Name of individual officer)...
  350  ...(Title of officer)...
  351  ...(Notary acknowledgment)...
  352  
  353         (3) The failure to file one or more notices does not affect
  354  the validity or enforceability of any covenant or restriction
  355  nor in any way alter the remaining time before extinguishment by
  356  the Marketable Record Title Act, chapter 712.
  357         (4)A copy of the notice, as filed, must be included as
  358  part of the next notice of meeting or other mailing sent to all
  359  members.
  360         (5)The original signed notice must be recorded in the
  361  official records of the clerk of the circuit court or other
  362  recorder for the county.
  363         Section 9. Section 702.09, Florida Statutes, is amended to
  364  read:
  365         702.09 Definitions.—For the purposes of ss. 702.07 and
  366  702.08, the words “decree of foreclosure” shall include a
  367  judgment or order rendered or passed in the foreclosure
  368  proceedings in which the decree of foreclosure shall be
  369  rescinded, vacated, and set aside; the word “mortgage” shall
  370  mean any written instrument securing the payment of money or
  371  advances and includes liens to secure payment of assessments
  372  arising under chapters 718 and 719 and liens created pursuant to
  373  the recorded covenants of a property owners’ homeowners’
  374  association as defined in s. 712.01; the word “debt” shall
  375  include promissory notes, bonds, and all other written
  376  obligations given for the payment of money; the words
  377  “foreclosure proceedings” shall embrace every action in the
  378  circuit or county courts of this state wherein it is sought to
  379  foreclose a mortgage and sell the property covered by the same;
  380  and the word “property” shall mean and include both real and
  381  personal property.
  382         Section 10. Subsection (1) of section 702.10, Florida
  383  Statutes, is amended to read:
  384         702.10 Order to show cause; entry of final judgment of
  385  foreclosure; payment during foreclosure.—
  386         (1) A lienholder may request an order to show cause for the
  387  entry of final judgment in a foreclosure action. For purposes of
  388  this section, the term “lienholder” includes the plaintiff and a
  389  defendant to the action who holds a lien encumbering the
  390  property or a defendant who, by virtue of its status as a
  391  condominium association, cooperative association, or property
  392  owners’ homeowners’ association, may file a lien against the
  393  real property subject to foreclosure. Upon filing, the court
  394  shall immediately review the request and the court file in
  395  chambers and without a hearing. If, upon examination of the
  396  court file, the court finds that the complaint is verified,
  397  complies with s. 702.015, and alleges a cause of action to
  398  foreclose on real property, the court shall promptly issue an
  399  order directed to the other parties named in the action to show
  400  cause why a final judgment of foreclosure should not be entered.
  401         (a) The order shall:
  402         1. Set the date and time for a hearing to show cause. The
  403  date for the hearing may not occur sooner than the later of 20
  404  days after service of the order to show cause or 45 days after
  405  service of the initial complaint. When service is obtained by
  406  publication, the date for the hearing may not be set sooner than
  407  30 days after the first publication.
  408         2. Direct the time within which service of the order to
  409  show cause and the complaint must be made upon the defendant.
  410         3. State that the filing of defenses by a motion, a
  411  responsive pleading, an affidavit, or other papers before the
  412  hearing to show cause that raise a genuine issue of material
  413  fact which would preclude the entry of summary judgment or
  414  otherwise constitute a legal defense to foreclosure shall
  415  constitute cause for the court not to enter final judgment.
  416         4. State that a defendant has the right to file affidavits
  417  or other papers before the time of the hearing to show cause and
  418  may appear personally or by way of an attorney at the hearing.
  419         5. State that, if a defendant files defenses by a motion, a
  420  verified or sworn answer, affidavits, or other papers or appears
  421  personally or by way of an attorney at the time of the hearing,
  422  the hearing time will be used to hear and consider whether the
  423  defendant’s motion, answer, affidavits, other papers, and other
  424  evidence and argument as may be presented by the defendant or
  425  the defendant’s attorney raise a genuine issue of material fact
  426  which would preclude the entry of summary judgment or otherwise
  427  constitute a legal defense to foreclosure. The order shall also
  428  state that the court may enter an order of final judgment of
  429  foreclosure at the hearing and order the clerk of the court to
  430  conduct a foreclosure sale.
  431         6. State that, if a defendant fails to appear at the
  432  hearing to show cause or fails to file defenses by a motion or
  433  by a verified or sworn answer or files an answer not contesting
  434  the foreclosure, such defendant may be considered to have waived
  435  the right to a hearing, and in such case, the court may enter a
  436  default against such defendant and, if appropriate, a final
  437  judgment of foreclosure ordering the clerk of the court to
  438  conduct a foreclosure sale.
  439         7. State that if the mortgage provides for reasonable
  440  attorney fees and the requested attorney fees do not exceed 3
  441  percent of the principal amount owed at the time of filing the
  442  complaint, it is unnecessary for the court to hold a hearing or
  443  adjudge the requested attorney fees to be reasonable.
  444         8. Attach the form of the proposed final judgment of
  445  foreclosure which the movant requests the court to enter at the
  446  hearing on the order to show cause.
  447         9. Require the party seeking final judgment to serve a copy
  448  of the order to show cause on the other parties in the following
  449  manner:
  450         a. If a party has been served pursuant to chapter 48 with
  451  the complaint and original process, or the other party is the
  452  plaintiff in the action, service of the order to show cause on
  453  that party may be made in the manner provided in the Florida
  454  Rules of Civil Procedure.
  455         b. If a defendant has not been served pursuant to chapter
  456  48 with the complaint and original process, the order to show
  457  cause, together with the summons and a copy of the complaint,
  458  shall be served on the party in the same manner as provided by
  459  law for original process.
  460  
  461  Any final judgment of foreclosure entered under this subsection
  462  is for in rem relief only. This subsection does not preclude the
  463  entry of a deficiency judgment where otherwise allowed by law.
  464  The Legislature intends that this alternative procedure may run
  465  simultaneously with other court procedures.
  466         (b) The right to be heard at the hearing to show cause is
  467  waived if a defendant, after being served as provided by law
  468  with an order to show cause, engages in conduct that clearly
  469  shows that the defendant has relinquished the right to be heard
  470  on that order. The defendant’s failure to file defenses by a
  471  motion or by a sworn or verified answer, affidavits, or other
  472  papers or to appear personally or by way of an attorney at the
  473  hearing duly scheduled on the order to show cause presumptively
  474  constitutes conduct that clearly shows that the defendant has
  475  relinquished the right to be heard. If a defendant files
  476  defenses by a motion, a verified answer, affidavits, or other
  477  papers or presents evidence at or before the hearing which raise
  478  a genuine issue of material fact which would preclude entry of
  479  summary judgment or otherwise constitute a legal defense to
  480  foreclosure, such action constitutes cause and precludes the
  481  entry of a final judgment at the hearing to show cause.
  482         (c) In a mortgage foreclosure proceeding, when a final
  483  judgment of foreclosure has been entered against the mortgagor
  484  and the note or mortgage provides for the award of reasonable
  485  attorney fees, it is unnecessary for the court to hold a hearing
  486  or adjudge the requested attorney fees to be reasonable if the
  487  fees do not exceed 3 percent of the principal amount owed on the
  488  note or mortgage at the time of filing, even if the note or
  489  mortgage does not specify the percentage of the original amount
  490  that would be paid as liquidated damages.
  491         (d) If the court finds that all defendants have waived the
  492  right to be heard as provided in paragraph (b), the court shall
  493  promptly enter a final judgment of foreclosure without the need
  494  for further hearing if the plaintiff has shown entitlement to a
  495  final judgment and upon the filing with the court of the
  496  original note, satisfaction of the conditions for establishment
  497  of a lost note, or upon a showing to the court that the
  498  obligation to be foreclosed is not evidenced by a promissory
  499  note or other negotiable instrument. If the court finds that a
  500  defendant has not waived the right to be heard on the order to
  501  show cause, the court shall determine whether there is cause not
  502  to enter a final judgment of foreclosure. If the court finds
  503  that the defendant has not shown cause, the court shall promptly
  504  enter a judgment of foreclosure. If the time allotted for the
  505  hearing is insufficient, the court may announce at the hearing a
  506  date and time for the continued hearing. Only the parties who
  507  appear, individually or through an attorney, at the initial
  508  hearing must be notified of the date and time of the continued
  509  hearing.
  510         Section 11. Section 712.095, Florida Statutes, is amended
  511  to read:
  512         712.095 Notice required by July 1, 1983.—Any person whose
  513  interest in land is derived from an instrument or court
  514  proceeding recorded subsequent to the root of title, which
  515  instrument or proceeding did not contain a description of the
  516  land as specified by s. 712.01(7) s. 712.01(3), and whose
  517  interest had not been extinguished prior to July 1, 1981, shall
  518  have until July 1, 1983, to file a notice in accordance with s.
  519  712.06 to preserve the interest.
  520         Section 12. Section 720.403, Florida Statutes, is amended
  521  to read:
  522         720.403 Preservation of residential communities; revival of
  523  declaration of covenants.—
  524         (1) Consistent with required and optional elements of local
  525  comprehensive plans and other applicable provisions of the
  526  Community Planning Act, property owners homeowners are
  527  encouraged to preserve existing residential and other
  528  communities, promote available and affordable housing, protect
  529  structural and aesthetic elements of their residential
  530  community, and, as applicable, maintain roads and streets,
  531  easements, water and sewer systems, utilities, drainage
  532  improvements, conservation and open areas, recreational
  533  amenities, and other infrastructure and common areas that serve
  534  and support the residential community by the revival of a
  535  previous declaration of covenants and other governing documents
  536  that may have ceased to govern some or all parcels in the
  537  community.
  538         (2) In order to preserve a residential community and the
  539  associated infrastructure and common areas for the purposes
  540  described in this section, the parcel owners in a community that
  541  was previously subject to a declaration of covenants that has
  542  ceased to govern one or more parcels in the community may revive
  543  the declaration and the homeowners’ association for the
  544  community upon approval by the parcel owners to be governed
  545  thereby as provided in this act, and upon approval of the
  546  declaration and the other governing documents for the
  547  association by the Department of Economic Opportunity in a
  548  manner consistent with this act.
  549         (3) Part III of this chapter is intended to provide
  550  mechanisms for the revitalization of covenants or restrictions
  551  for all types of communities and property associations and is
  552  not limited to residential communities.
  553         Section 13. Section 720.404, Florida Statutes, is amended
  554  to read:
  555         720.404 Eligible residential communities; requirements for
  556  revival of declaration.—Parcel owners in a community are
  557  eligible to seek approval from the Department of Economic
  558  Opportunity to revive a declaration of covenants under this act
  559  if all of the following requirements are met:
  560         (1) All parcels to be governed by the revived declaration
  561  must have been once governed by a previous declaration that has
  562  ceased to govern some or all of the parcels in the community;
  563         (2) The revived declaration must be approved in the manner
  564  provided in s. 720.405(6); and
  565         (3) The revived declaration may not contain covenants that
  566  are more restrictive on the parcel owners than the covenants
  567  contained in the previous declaration, except that the
  568  declaration may:
  569         (a) Have an effective term of longer duration than the term
  570  of the previous declaration;
  571         (b) Omit restrictions contained in the previous
  572  declaration;
  573         (c) Govern fewer than all of the parcels governed by the
  574  previous declaration;
  575         (d) Provide for amendments to the declaration and other
  576  governing documents; and
  577         (e) Contain provisions required by this chapter for new
  578  declarations that were not contained in the previous
  579  declaration.
  580         Section 14. Subsections (1), (3), (5), and (6) of section
  581  720.405, Florida Statutes, are amended to read:
  582         720.405 Organizing committee; parcel owner approval.—
  583         (1) The proposal to revive a declaration of covenants and
  584  an a homeowners’ association for a community under the terms of
  585  this act shall be initiated by an organizing committee
  586  consisting of not less than three parcel owners located in the
  587  community that is proposed to be governed by the revived
  588  declaration. The name, address, and telephone number of each
  589  member of the organizing committee must be included in any
  590  notice or other document provided by the committee to parcel
  591  owners to be affected by the proposed revived declaration.
  592         (3) The organizing committee shall prepare the full text of
  593  the proposed articles of incorporation and bylaws of the revived
  594  homeowners’ association to be submitted to the parcel owners for
  595  approval, unless the association is then an existing
  596  corporation, in which case the organizing committee shall
  597  prepare the existing articles of incorporation and bylaws to be
  598  submitted to the parcel owners.
  599         (5) A copy of the complete text of the proposed revised
  600  declaration of covenants, the proposed new or existing articles
  601  of incorporation and bylaws of the homeowners’ association, and
  602  a graphic depiction of the property to be governed by the
  603  revived declaration shall be presented to all of the affected
  604  parcel owners by mail or hand delivery not less than 14 days
  605  before the time that the consent of the affected parcel owners
  606  to the proposed governing documents is sought by the organizing
  607  committee.
  608         (6) A majority of the affected parcel owners must agree in
  609  writing to the revived declaration of covenants and governing
  610  documents of the homeowners’ association or approve the revived
  611  declaration and governing documents by a vote at a meeting of
  612  the affected parcel owners noticed and conducted in the manner
  613  prescribed by s. 720.306. Proof of notice of the meeting to all
  614  affected owners of the meeting and the minutes of the meeting
  615  recording the votes of the property owners shall be certified by
  616  a court reporter or an attorney licensed to practice in the
  617  state.
  618         Section 15. Subsection (3) of section 720.407, Florida
  619  Statutes, is amended to read:
  620         720.407 Recording; notice of recording; applicability and
  621  effective date.—
  622         (3) The recorded documents shall include the full text of
  623  the approved declaration of covenants, the articles of
  624  incorporation and bylaws of the homeowners’ association, the
  625  letter of approval by the department, and the legal description
  626  of each affected parcel of property. For purposes of chapter
  627  712, the association is deemed to be and shall be indexed as the
  628  grantee in a title transaction and the parcel owners named in
  629  the revived declaration are deemed to be and shall be indexed as
  630  the grantors in the title transaction.
  631         Section 16. This act shall take effect October 1, 2017.
  632  
  633  ================= T I T L E  A M E N D M E N T ================
  634  And the title is amended as follows:
  635         Delete everything before the enacting clause
  636  and insert:
  637                        A bill to be entitled                      
  638         An act relating to covenants and restrictions;
  639         creating s. 712.001, F.S.; providing a short title;
  640         amending s. 712.01, F.S.; defining and redefining
  641         terms; amending s. 712.05, F.S.; revising the notice
  642         filing requirements for a person claiming an interest
  643         in land and other rights; authorizing a property
  644         owners’ association to preserve and protect certain
  645         covenants or restrictions from extinguishment, subject
  646         to specified requirements; providing that a failure in
  647         indexing does not affect the validity of the notice;
  648         extending the length of time certain covenants or
  649         restrictions are preserved; deleting a provision
  650         requiring a two-thirds vote by members of an
  651         incorporated homeowners’ association to file certain
  652         notices; conforming provisions to changes made by the
  653         act; amending s. 712.06, F.S.; exempting a specified
  654         summary notice from certain notice content
  655         requirements; revising the contents required to be
  656         specified by certain notices; conforming provisions to
  657         changes made by the act; amending s. 712.11, F.S.;
  658         conforming provisions to changes made by the act;
  659         creating s. 712.12, F.S.; defining terms; authorizing
  660         the parcel owners of a community not subject to a
  661         homeowners’ association to use specified procedures to
  662         revive certain covenants or restrictions, subject to
  663         certain exceptions and requirements; authorizing a
  664         parcel owner to commence an action by a specified date
  665         under certain circumstances for a judicial
  666         determination that the covenants or restrictions did
  667         not govern that parcel as of a specified date and that
  668         any revitalization of such covenants or restrictions
  669         as to that parcel would unconstitutionally deprive the
  670         parcel owner of rights or property; providing
  671         applicability; amending s. 720.303, F.S.; requiring a
  672         board to take up certain provisions relating to notice
  673         filings at the first board meeting; creating s.
  674         720.3032, F.S.; providing recording requirements for
  675         an association; providing a document form for
  676         recording by an association to preserve certain
  677         covenants or restrictions; providing that failure to
  678         file one or more notices does not affect the validity
  679         or enforceability of a covenant or restriction or
  680         alter the time before extinguishment under certain
  681         circumstances; requiring a copy of the filed notice to
  682         be sent to all members; requiring the original signed
  683         notice to be recorded with the clerk of the circuit
  684         court or other recorder; amending ss. 702.09 and
  685         702.10, F.S.; conforming provisions to changes made by
  686         the act; amending s. 712.095, F.S.; conforming a
  687         cross-reference; amending ss. 720.403, 720.404,
  688         720.405, and 720.407, F.S.; conforming provisions to
  689         changes made by the act; providing an effective date.