Florida Senate - 2024 CS for SB 756
By the Committee on Judiciary; and Senator Perry
590-02633-24 2024756c1
1 A bill to be entitled
2 An act relating to timeshare properties; amending s.
3 695.03, F.S.; revising that a commissioner of deeds is
4 appointed by the Secretary of State, rather than by
5 the Governor, for a certain acknowledgement or proof
6 taken, administered, or made outside this state but
7 within the United States or within a foreign country;
8 amending s. 721.13, F.S.; providing that the board of
9 any timeshare condominium has certain powers regarding
10 the accommodations or facilities of a timeshare plan
11 without the approval of the members of the owners’
12 association; providing that the managing entity of any
13 timeshare project has all the rights and remedies of
14 an operator of any public lodging establishment or
15 public food service establishment for certain
16 purposes; authorizing such managing entities to have
17 law enforcement take certain actions; amending s.
18 721.15, F.S.; requiring the managing entity of certain
19 timeshares to provide a specific certificate in lieu
20 of an estoppel certificate; amending s. 721.97, F.S.;
21 conforming a provision to changes made by the act;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsections (2) and (3) of section 695.03,
27 Florida Statutes, are amended to read:
28 695.03 Acknowledgment and proof; validation of certain
29 acknowledgments; legalization or authentication before foreign
30 officials.—To entitle any instrument concerning real property to
31 be recorded, the execution must be acknowledged by the party
32 executing it, proved by a subscribing witness to it, or
33 legalized or authenticated in one of the following forms:
34 (2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.—An
35 acknowledgment or a proof taken, administered, or made outside
36 of this state but within the United States may be taken,
37 administered, or made by or before a civil-law notary of this
38 state or a commissioner of deeds appointed by the Secretary of
39 State Governor of this state; by a judge or clerk of any court
40 of the United States or of any state, territory, or district; by
41 or before a United States commissioner or magistrate; or by or
42 before any notary public, justice of the peace, master in
43 chancery, or registrar or recorder of deeds of any state,
44 territory, or district having a seal, and the certificate of
45 acknowledgment or proof must be under the seal of the court or
46 officer, as the case may be. If the acknowledgment or proof is
47 taken, administered, or made by or before a notary public who
48 does not affix a seal, it is sufficient for the notary public to
49 type, print, or write by hand on the instrument, “I am a Notary
50 Public of the State of ...(state)..., and my commission expires
51 on ...(date)....”
52 (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN
53 COUNTRIES.—An acknowledgment, an affidavit, an oath, a
54 legalization, an authentication, or a proof taken, administered,
55 or made outside the United States or in a foreign country may be
56 taken, administered, or made by or before a commissioner of
57 deeds appointed by the Secretary of State Governor of this state
58 to act in such country; before a notary public of such foreign
59 country or a civil-law notary of this state or of such foreign
60 country who has an official seal; before an ambassador, envoy
61 extraordinary, minister plenipotentiary, minister, commissioner,
62 charge d’affaires, consul general, consul, vice consul, consular
63 agent, or other diplomatic or consular officer of the United
64 States appointed to reside in such country; or before a military
65 or naval officer authorized by 10 U.S.C. s. 1044a to perform the
66 duties of notary public, and the certificate of acknowledgment,
67 legalization, authentication, or proof must be under the seal of
68 the officer. A certificate legalizing or authenticating the
69 signature of a person executing an instrument concerning real
70 property and to which a civil-law notary or notary public of
71 that country has affixed her or his official seal is sufficient
72 as an acknowledgment. For the purposes of this section, the term
73 “civil-law notary” means a civil-law notary as defined in
74 chapter 118 or an official of a foreign country who has an
75 official seal and who is authorized to make legal or lawful the
76 execution of any document in that jurisdiction, in which
77 jurisdiction the affixing of her or his official seal is deemed
78 proof of the execution of the document or deed in full
79 compliance with the laws of that jurisdiction.
80 Section 2. Subsection (8) of section 721.13, Florida
81 Statutes, is amended, and subsection (14) is added to that
82 section, to read:
83 721.13 Management.—
84 (8) Notwithstanding anything to the contrary in s. 718.110,
85 s. 718.113, s. 718.114, or s. 719.1055, the board of
86 administration of any owners’ association that operates a
87 timeshare plan, including a timeshare condominium pursuant to s.
88 718.111, or a timeshare cooperative pursuant to s. 719.104,
89 shall have the power to make material alterations or substantial
90 additions, or any deletion, to the accommodations or facilities
91 of such timeshare plan condominium or timeshare cooperative
92 without the approval of the members of the owners’ association.
93 However, if the timeshare condominium or timeshare cooperative
94 contains any residential units that are not subject to the
95 timeshare plan, such action by the board of administration must
96 be approved by a majority of the owners of such residential
97 units. Unless otherwise provided in the timeshare instrument as
98 originally recorded, no such amendment may change the
99 configuration or size of any accommodation in any material
100 fashion, or change the proportion or percentage by which a
101 member of the owners’ association shares the common expenses,
102 unless the record owners of the affected units or timeshare
103 interests and all record owners of liens on the affected units
104 or timeshare interests join in the execution of the amendment.
105 (14) With regard to any timeshare project as defined in s.
106 509.242(1)(g), the managing entity or manager has all of the
107 rights and remedies of an operator of any public lodging
108 establishment or public food service establishment as set forth
109 in ss. 509.141, 509.142, 509.143, and 509.162 and is entitled to
110 have a law enforcement officer take any action, including arrest
111 or removal from the timeshare property, against any purchaser,
112 including a deeded owner, or guest or invitee of such purchaser
113 or owner who engages in conduct described in s. 509.141, s.
114 509.142, s. 509.143, or s. 509.162 or conduct in violation of
115 the timeshare instrument.
116 Section 3. Paragraph (b) of subsection (7) of section
117 721.15, Florida Statutes, is amended to read:
118 721.15 Assessments for common expenses.—
119 (7)
120 (b) Within 30 days after receiving a written request from a
121 timeshare interest owner, an agent designated in writing by the
122 timeshare interest owner, or a person providing resale transfer
123 services for a consumer timeshare reseller pursuant to s.
124 721.17(3), a managing entity must provide a certificate, signed
125 by an officer or agent of the managing entity, to the person
126 requesting the certificate, that states the amount of any
127 assessment, transfer fee, or other moneys currently owed to the
128 managing entity, and of any assessment, transfer fee, or other
129 moneys approved by the managing entity that will be due within
130 the next 90 days, with respect to the designated consumer resale
131 timeshare interest, as well as any information contained in the
132 books and records of the timeshare plan regarding the legal
133 description and use plan related to the designated consumer
134 resale timeshare interest. The managing entity of a timeshare
135 condominium or timeshare cooperative must provide such a
136 certificate in lieu of the estoppel certificate required by s.
137 718.116(8) or s. 719.108(6).
138 1. A person who relies upon such certificate shall be
139 protected thereby.
140 2. A summary proceeding pursuant to s. 51.011 may be
141 brought to compel compliance with this paragraph, and in such an
142 action the prevailing party may recover reasonable attorney fees
143 and court costs.
144 3. The managing entity may charge a fee not to exceed $150
145 for the preparation and delivery of the certificate. The amount
146 of the fee must be included on the certificate.
147 Section 4. Subsection (1) of section 721.97, Florida
148 Statutes, is amended to read:
149 721.97 Timeshare commissioner of deeds.—
150 (1) The Secretary of State Governor may appoint
151 commissioners of deeds to take acknowledgments, proofs of
152 execution, or oaths in any foreign country, in international
153 waters, or in any possession, territory, or commonwealth of the
154 United States outside the 50 states. The term of office is 4
155 years. Commissioners of deeds shall have authority to take
156 acknowledgments, proofs of execution, and oaths in connection
157 with the execution of any deed, mortgage, deed of trust,
158 contract, power of attorney, or any other writing to be used or
159 recorded in connection with a timeshare estate, personal
160 property timeshare interest, timeshare license, any property
161 subject to a timeshare plan, or the operation of a timeshare
162 plan located within this state; provided such instrument or
163 writing is executed outside the United States. Such
164 acknowledgments, proofs of execution, and oaths must be taken or
165 made in the manner directed by the laws of this state,
166 including, but not limited to, s. 117.05(4), (5)(a), and (6),
167 Florida Statutes 1997, and certified by a commissioner of deeds.
168 The certification must be endorsed on or annexed to the
169 instrument or writing aforesaid and has the same effect as if
170 made or taken by a notary public licensed in this state.
171 Section 5. This act shall take effect July 1, 2024.