.. n:w.~.. ~r..fum.~l... (~~r.!~!.. N!!ml:!~r...if.~!1.Y.l... Ch. 695 RECORD OF CONVEYANCES OF REAL ESTATE Ch. 695

Transcription

1 Ch. 695 RECORD OF CONVEYANCES OF REAL ESTATE Ch. 695 petent jurisdiction a suit for the enforcement of his rights under such contract. History.-s. 1, ch , Instruments relating to real estate to contain post-office address of grantee; exceptions.-after October 1, 1945, it shall be the duty of the several clerks of the circuit courts to ascertain, of all persons presenting for public record any instrument other than mortgages conveying or purporting to convey any interest in real estate, the correct post-office address of the grantee or grantees named in such instrument, and it shall be the duty of the person presenting such instrument for recordation to furnish such information to said official. History.-s. 1, ch , Same; duties of clerks.-after October 1, 1945, the several clerks of the circuit courts shall keep and furnish to the respective county [property appraisers] in the counties where such instruments are recorded a daily schedule of the aforesaid deeds and conveyances so filed for recordation, in which schedule shall be set forth the name of the grantor or grantors, the names and addresses of each grantee and a descript on of the land as specified in each instrument so filed. History.-s. 2, ch , Instruments required to reflect name and address of person by whom prepared.- (!) No instrument by which the title to real estate or any interest in it or lien on it is conveyed, created, encumbered, assigned, or otherwise disposed of shall be recorded by the clerk of the circuit court unless the name and address of the natural person who prepared the instrument or under whose supervision it was prepared is printed, typewritten, or stamped on the face of it in a legible manner. An instrument complies with this section if it contains a statement in substantially the following form: "Prepared by... G:{~.~eJ....,... <M!!!~~L. " (2) This section does not apply to any instrument executed before the effective date of this section, nor to the following: (a) A decree, order, judgment, or writ of any court. (b) An instrument executed or acknowledged outside of this state. (c) A plat. (d) An instrument prepared or executed by any public officer except a notary public. (3) The failure of the clerk of the circuit court to comply with the provisions of this section shall not impair the validity of the recordation or of the constructive notice imparted thereby. (4) Recordation of all otherwise valid instruments made prior to April 28, 1971 without compliance with this section is hereby validated and all the instruments are declared to be record or constructive notice in the counties where they are recorded from the date of recordation. History.-ss. 1, 2, ch ; s. 1, ch ; s. 1, ch Short form of acknowledgment.-the forms of acknowledgment set forth in this section may be used, and are sufficient for their respective purposes, under any law of this state. The forms shall be known as "Statutory Short Forms of Acknowledgment" and may be referred to by that name. The authorization of the forms in this section does not preclude the use of other forms. (1) For an individual acting in his own right: STATE OF... COUNTY OF... The foregoing instrument was acknowledged before me this (date) by (name of person acknowledged)... ($.!im."-t!!x~.. 9.f..P.~~9..T.~~.i.~g.A~~-'"~~~~!;IW.~!1~ l CN.l.~.-~r..~.~L.....@~r.!~!.. N!!w.l:!~r.. if.~.y.l... (2) For a corporation: STATE OF... COUNTY OF... The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation... ($.!~m...\!!!~.. 9.f..P.~r.(!9.9.. T.~ ~~-'"g.j', ~~~~~~!;Iw.~!1.t C!W.~.. ~r... \'\-!m.~l.....($.~r.!~!.. N!!.~l:!~r.. if.~.y. l... (3) For a partnership: STATE OF.... COUNTY OF... The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent), partner (or agent) on behalf of (name of partnership), a partnership... ($.!im.~.t!!x~.. 9.f..P.~r.~9.~. T.~J!..i.~g _ ;\~)!.~~~~~!;IW.~!1.\l (T.i\.1.~.-~r..~.~L..... <~~r.!~!.. N!!w. l:!~r..if.~!i.y.l.. (4) For an individual acting as principal by an attorney in fact: STATE OF.... COUNTY OF.... The foregoing instrument was acknowledged before me this (date) by (name of attorney in fact) as attorney in fact on behalf of (name of principal)...($.!im.~.t!!x~.. 9.f..P.~~-~.T.~J!.i.~g.b.~J!.!l~~~~!;IW.~!1~)..... n:w.~.. ~r..fum.~l (~~r.!~!.. N!!ml:!~r...if.~!1.Y.l... (5) By any public officer, trustee, or personal representative: STATE OF.... COUNTY OF.... The foregoing instrument was acknowledged before me this (date) by (name and title of position).... ($.!~m.\\t!!.~.~.. ~f.. P.~r.~.9-~.T.~J!..i.~g_.J',_~!f.!l~~~~!;lw.~!1.~ l IT.\f.l.~.. ~r..fum~l.....@~r.!~!.. N!!m~r.. i.f.~.'!.y.l... History.-s. 1, ch

2 Ch. 696 RECORD OF CONTRACTS; PHOTOGRAPHIC RECORDING Ch. 696 CHAPTER 696 RECORD OF CONTRACTS; PHOTOGRAPHIC RECORDING Contracts for sale of realty must be acknowledged in order to be recorded Assignments of contracts for sale of realty not entitled to record unless original is recorded or entitled to record When agreement executed by agent or attorney may be recorded What instruments affected by ss Photographic recording authorized; clerk circuit court Same; county court judges Contracts for sale of realty must be acknowledged in order to be recorded.-no contract, agreement, or other instrument purporting to contain an agreement to purchase or sell real estate shall be recorded in the public records of any county in the state, unless such contract, agreement or other instrument is acknowledged by the vendor in the manner provided by law for the acknowledgment of deeds; and where there is no acknowledgment on the part of the vendor, the recording officers in the various counties of this state shall refuse to accept such instrument for record. History.-s. 1, ch , 1927; CGL Assignments of contracts for sale of realty not entitled to record unless original is recorded or entitled to record.-no assignment of any contract, agreement, or other instrument purporting to contain an agreement to purchase or sell real estate shall be recorded in any of the public records of this state, unless the contract, agreement or other instrument sought to be assigned shall have been recorded, or is entitled to be recorded under the provisions of ss History.-s. 2, ch , 1927; CGL ed thereby as between the parties privy thereto, or as to those who have actual notice thereof. History.-s. 4, ch , 1927; CGL Photographic recording authorized; clerk circuit court.- (1) In every county in this state, the clerk of the circuit court may record any and all instruments filed for record by photographic process, this phrase being used in its most general sense and including miniature photographic, microfilming or microphotographic processes or any other photographic, mechanical or other process heretofore or hereafter devised, however designated, such as may be recommended by the clerk from time to time and approved by the board of county commissioners. The board of county commissioners shall provide out of the general revenue fund adequate equipment and supplies for making and preserving such records in accordance with the process so recommended and approved, and shall also provide adequate equipment for reproduction, and for viewing where said recording process is miniature photographic, microfilming or microphotographic, it being the intent hereof that such records shall be readily available for public inspection and copying. The clerk of the circuit court may note on the index to the photographic record of a mortgage or lien a note of assignment or a note of satisfaction of the mortgage or lien. (2) All instruments heretofore recorded and all action of the boards of county commissioners and clerks of the circuit courts heretofore performed in the purchase of photographic equipment and its use in accordance with the provisions of this act are hereby validated and shall be held good and valid. All service charges shall be as provided in s History.-s. 1, ch , 1925; CGL 1936 Supp. 5722(1); ss. 1-4, ch , 1943; s. 8, ch , 1955; s. 1, ch ; s. 1, ch ; s. 28, ch When agreement executed by agent or attorney may be recorded.-no contract or agreement or other instrument purporting to contain an (1) In every county in the state, the county court Same; county court judges.- agreement to sell or purchase real estate, which has judge may record any and all instruments filed for been executed by an agent or attorney in fact shall record by photographic process, this phrase being be recorded in any of the public records of this state, used in its most general sense not excluding any unless the authority of such agent or attorney in fact photographic process heretofore or hereafter devised, however designated, such as may be recom to execute the instrument sought to be recorded is produced and recorded by the recording officer, or is mended by the county court judge from time to time already recorded in the county where such instrument is sought to be recorded; and for the purposes and approved by the board of county commissioners, ofss no authority for the execution of and the board of county commissioners shall provide instruments by an agent or attorney in fact shall be out of the general revenue fund adequate equipment accepted which is not executed in the manner provided by law for the execution of deeds. in accordance with the process so recommended and and supplies for making and preserving such records History.-s. 3, ch , 1927; CGL approved. (2) Any instrument heretofore recorded and any What instruments affected by ss. action of the boards of county commissioners or Sections shall apply to county court judges heretofore performed in accordall contracts and instruments, which had not been recorded on June 6,1927; but nothing therein conance with the provisions of this section shall be held good and valid. tained shall enlarge, impair, alter, or diminish the History.-s. 1, ch , 1925; CGL 5723; ss. 1, 2, ch , 1943; s. 26, ch. obligation of any such contract or agreement affect

3 Ch. 697 INSTRUMENTS DEEMED MORTGAGES, ETC. Ch. 697 CHAPTER 697 INSTRUMENTS DEEMED MORTGAGES AND THE NATURE OF A MORTGAGE Instruments deemed mortgages Nature of a mortgage Cooperative association mortgages Future advances may be secured Balloon mortgages; scope oflaw; definition; requirements as to contents; penalties for violations; exemptions Instruments deemed mortgages.- (!) All conveyances, obligations conditioned or defeasible, bills of sale or other instruments ofwriting conveying or selling property, either real or personal, for the purpose or with the intention of securing the payment of money, whether such instrument be from the debtor to the creditor or from the debtor to some third person in trust for the creditor, shall be deemed and held mortgages, and shall be subject to the same rules of foreclosure and to the same regulations, restraints and forms as are prescribed in relation to mortgages. (2) Provided, however, that no such conveyance shall be deemed or held to be a mortgage, as against a bona fide purchaser or mortgagee, for value without notice, holding under the grantee. History.---<!. 1, Jan. 30, 1838; s. 1, ch. 525, 1853; RS 1981; GS 2494; RGS 3836; CGL 5724; s. 12, ch , Nature of a mortgage.-a mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession. History.-ss. 1, 2, ch. 525, 1853; RS 1982; GS 2495; RGS 3837; CGL Cooperative association mortgages. (1) Hereafter, any mortgage or other instrument given by a cooperative association for the purpose of creating a lien on real or personal property, or both, may secure not only existing indebtedness, but also such future advances, whether obligatory or otherwise, as are made within 10 years from the date thereof. Such lien, as to third persons without actual notice thereof, shall be valid as to all such indebtedness and future advances from the time the mortgage or other instrument is filed for record as provided by law. The total amount of indebtedness that may be so secured may decrease or increase from time to time, but the total unpaid balance so secured at any one time shall not exceed a maximum principal amount which must be specified therein, plus interest thereon, and any disbursements made for the payment of taxes, levies, or insurance on the property covered by the lien, with interest on such disbursements. (2) A "Cooperative association" within the meaning of this section means any corporation formed, reorganized or brought under any general or special law of this or any other state as a cooperative association. (3)(a) A mortgage executed by a cooperative association may cover and create a valid mortgage lien upon stocks or inventories of farm supplies and processed agricultural products, which stocks and inventories the mortgagor may be permitted to retain in possession and sell in the usual course of business The lien of such mortgage shall be lost on such ofthe mortgaged property as is sold in the usual course of business up to the time a receiver, who shall be appointed as a matter of right upon application ofthe mortgagee by the court having jurisdiction of a proceeding instituted to foreclose said mortgage, shall have taken possession of the mortgaged property, and shall without further act, writing or formality attach to any proceeds of the sale thereof, including but not limited to accounts receivable arising from sale of the mortgaged property, but a purchaser of mortgaged property from any such mortgagor, not having actual notice of the attaching of such lien to said proceeds, shall not be liable for any payments made to the person who, except for the provisions of this subsection, would be entitled thereto; provided, however, that such lien as to said accounts receivable shall be subject and subordinate to assignments of any such accounts receivable which are protected assignments under the provisions of chapter 679. If so provided in the mortgage, the lien thereof shall, in addition to the stocks and inventories originally mortgaged, attach to farm supplies and processed agricultural products acquired after the execution and delivery of such mortgage. (b) If so stipulated therein, such mortgage may secure not only existing indebtedness of the mortgagor to the mortgagee but also such future advances, whether obligatory or otherwise, as are made by the mortgagee to the mortgagor within 10 years from the date of such mortgage to the same extent as if such future advances were made on the date of the execution of such mortgage although there may be no advance made at the time of the execution of such mortgage and although there may be no indebtedness outstanding at the time any advance is made. Such lien shall be valid as to all such indebtednesses and future advances from the time the mortgage is filed for record as provided by law whether such.stocks and inventories shall be in existence at the time of the execution of the mortgage or at the time of filing such mortgage for record or shall come into existence subsequent thereto or shall be subsequently acquired by the mortgagor. (c) The total amount of the indebtedness that may be so secured may decrease or increase from time to time but the total unpaid balance so secured at the time shall not exceed a maximum principal amount which must be specified in such mortgage, plus interest thereon, together with costs and attorney's fees, and any disbursements made for the payment of taxes, levies, assessments, or insurance on the property covered by the mortgage, with interest on such disbursements. (d) Such mortgage shall not be invalid or fraudulent against creditors because the mortgagor is permitted to retain in possession and sell the mortgaged property in the usual course of business or by reason of liberty in the mortgagor to use, commingle, or dispose of any such stocks or inventories or the proceeds of the sale of such stocks or inventories or by reason of the failure of the mortgagee to require the

4 Ch. 697 INSTRUMENTS DEEMED MORTGAGES, ETC. Ch. 697 mortgagor to account for such proceeds or to replace mortgaged property. (e) The provisions of this subsection shall not be construed as impairing, limiting, or otherwise affecting the rights of a lender to, or other creditor of a mortgagor of such farm supplies or processed agricultural products, to deal with and make loans to such mortgagor upon the security of assignments of accounts receivable arising or to arise on account of the sale by the mortgagor of the mortgaged property. (f) This subsection shall not apply to any mortgages made on or after the effective date in this state of the Uniform Commercial Code. History.-ss. 1, 2, ch , 1941; s. 1, ch ; s. 167, ch Future advances may be secured. (1) Hereafter, any mortgage or other instrument given for the purpose of creating a lien on real property may, and when so expressed therein shall, secure not only existing indebtedness, but also such future advances, whether such advances are obligatory or to be made at the option of the lender, or otherwise, as are made within 20 years from the date thereof, to the same extent as if such future advances were made on the date of the execution of such mortgage or other instrument, although there may be no advance made at the time of the execution of such mortgage or other instrument and although there may be no indebtedness outstanding at the time any advance is made. Such lien, as to third persons without actual notice thereof, shall be valid as to all such indebtedness and future advances from the time the mortgage or other instrument is filed for record as provided by law. The total amount of indebtedness that may be so secured may decrease or increase from time to time, but the total unpaid balance so secured at any one time shall not exceed a maximum principal amount which must be specified in such mortgage or other instrument, plus interest thereon, and any disbursements made for the payment of taxes, levies, or insurance on the property covered by the lien, with interest on such disbursements. This section shall not apply to any mortgages, shipping contracts, or other instruments made and given by naval stores operators and producers to secure existing loans and future advances by naval stores factors. (2) As against the rights of creditors or subsequent purchasers for a valuable consideration, actual notice or record notice of advances to be made at the option of the lender, under the terms of such mortgage or other instrument, shall be valid only as to such advances as are to be made within 20 years from the date of such mortgage or other instrument; provided that this section shall not apply to any mortgages, shipping contracts, or other instruments made and given by naval stores operators and producers to secure existing loans and future advances by naval stores factors. (3) Any such mortgage or other instrument shall be prior in dignity to all subsequent encumbrances, including statutory liens, except landlords' liens. History.-ss. 1-3, ch , 1941; s. 1, ch , 1953; ss. 1, 2, ch ; s. 3, ch ; s. 1, ch Balloon mortgages; scope of law; definition; requirements as to contents; penalties for violations; exemptions.- (!) Any conveyance, obligation conditioned or defeasible, bill of sale or other instrument of writing conveying or selling real property for the purpose or with the intention of securing the payment of money, whether such instrument be from the debtor to the creditor or from the debtor to some third person in trust for the creditor, shall be deemed and held to be a mortgage, and shall be subject to the provisions of this section. (2)(a) Every mortgage in which the final payment or the balance due and payable upon maturity is greater than twice the amount of the regular monthly or periodic payment of the said mortgage shall be deemed a balloon mortgage, and shall have printed or clearly stamped on such mortgage: THIS IS A BALLOON MORTGAGE AND THE FI NAL PAYMENT OR THE BALANCE DUE UPON MATURITY IS..., TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. (b) This legend including the total amount due upon maturity shall appear at the top of the first page or face sheet of the mortgage and also immediately above the place for signature of the mortgagor. The legend shall be conspicuously printed or stamped in type as large as the largest type used in the text of the instrument, either as an overprint or by a rubber stamp impression. (3) Failure of a mortgagee, creditor or a third party in trust for a mortgagee or creditor to comply with the provisions of this section shall automatically extend the maturity date of such mortgage in the following manner: The final payment or the balance due and payable is to be divided by the regular monthly or periodic payment and the quotient so secured is to be the number of months or periods the maturity date of the. mortgage is extended. The mortgagor shall continue to make such monthly or periodic payments until the principal of the mortgage is paid. All such payments shall be credited to the principal only. (4) Any mortgagee, creditor, bona fide holder, assignee, transferee, endorsee, or any agent, officer, or other representative of any such person violating the provisions of this section shall forfeit the entire interest charged, contracted to be charged or reserved under any such mortgage written in violation of this section, and only the principal sum of such mortgage can be enforced in any court in this state, either at law or in equity. Any interest, collection charge or attorney fee that has been paid or reserved or contracted for, either directly or indirectly, shall be forfeited to the person or mortgagor presently obligated under such mortgage. (5) This section does not apply to the following: (a) Any mortgage in effect prior to January 1, 1960; (b) Any first mortgage; (c) Any mortgage created for a term of more than 5 years; (d) Any mortgage, the periodic payments on which are to consist of interest payments only, with the entire original principal sum to be payable upon maturity. History.-ss. 1-5, ch ; s. I, ch

5 Ch. 698 CHATTEL MORTGAGES Ch To be recorded Acknowledgment Power of sale may be included in certain mortgages; exercise of power Sale under power Remedy concurrent Notice given by filing for record of chattel mortgages generally, to extend 7 years Extension of period of notice Effect on certain existing instruments Duties of clerk in connection with extension Chapter not applicable to transactions under Uniform Commercial Code To be recorded.-no chattel mortgage shall be valid or effectual against creditors or subsequent purchasers for a valuable consideration and without notice unless it be recorded, or unless the property included in it be delivered to the mortgagee and continue to remain truly and bona fide in his possession. History.-RS 1983; GS 2496; RGS 3833; CGL cf.-s Acknowledgment Acknowledgment.-To entitle such mortgage to record, its execution must be acknowledged or proved in the manner provided for mortgages of real property. History.-RS 1984; GS 2497; RGS 3839; CGL Power of sale may be included in certain mortgages; exercise of power.- (1) In all mortgages to, or in favor of, the Government of the United States or any agencies thereunder making agricultural loans, or to secure principal indebtedness not exceeding $500, bearing interest not in excess of the general legal rate, on farm machinery and equipment, and agricultural, horticultural, or fruit crops in being, it may be provided or covenanted that the mortgagee, his legal representatives or assigns, shall have the power to sell the mortgaged property upon any breach or default by the mortgagor of the terms, covenants, conditions, or stipulations of such mortgage or of the obligation thereby secured or upon nonpayment of the indebtedness secured by such mortgage or interest thereon, when due and payable in such manner and on such terms as may be provided in such mortgage, and all such provisions and covenants shall be valid, effectual, and enforceable, and every such sale thereunder shall vest in the purchaser, or purchasers, the title in and to the property mortgaged and described in such mortgage. (2) In case of the exercise of such power of sale, written notice of such sale shall be given to the mortgagor and all persons claiming by, through, or under him by instrument duly recorded, not less than 15 days prior to such sale. Such notice may be served in the same manner as summons ad respondendum are served pursuant to the laws of Florida, and a copy of such notice shall be published at le<:~.st twice, the first publication of which shall be not less than 20 days CHAPTER 698 CHA'ITEL MORTGAGES 1855 prior to such sale, in a newspaper published in the county where such sale shall occur, and another copy of such notice shall be served upon any person in charge, or having or taking part in the supervision or care of such mortgaged property, or any part thereof. If there be no newspaper published in such county, then such publication may be made in a newspaper published in any county adjoining that. wherein such sale is to be made. Such notice may be served upon any of said parties wherever they may be within the state. If any person to whom notice is required to be given under this statute shall not reside in the state, or his residence be unknown to the mortgagee, his legal representatives or assigns, then it shall not be necessary to make personal service of such notice upon him, and in such case, the publication of such notice as above provided shall be sufficient; provided, that where the address of such nonresident be known to the mortgagee, his legal representative or assigns, a copy of such notice shall be mailed to him at such address, by registered mail. (3) Every such sale shall occur during the hours prescribed for sheriffs' sales at the courthouse of the county where such property is situate at the time of the sale, and if the property is situate in more than one county, the sale may occur in any county where any part of such property is located. The actual possession of such mortgaged property, or its presence, at the place of sale shall be unnecessary to the validity of any such sale. ( 4) Every such notice of sale shall describe the mortgaged property to be sold and state the time and place of sale, the name of the person who will conduct the sale, and the amount claimed to be due and secured by such mortgage and for the payment of which such sale is being held. (5) The proceeds of every such sale shall be applied first to the payment of the costs and expenses of such sale, including the cost of advertising and serving notices and of the person conducting such sale, (which shall be the same as the fees prescribed by law to be paid sheriffs for conducting sales and executing sheriffs' deeds under executions) and attorney's fees of 10 percent of the principal and accrued interest of the obligation secured by such mortgage, for the services of the attorney for the mortgagee or his assigns, and then to the payment of the obligation secured by such property mortgage, including unpaid interest, if any, and the balance or excess, if any, shall be paid to the owner of such mortgaged property if he be known; otherwise, such excess shall be paid by the person conducting such sale into the registry of the circuit court for such county to be there held for the benefit of the person lawfully entitled to the same. Hlstory.-s. 1, ch , 1935; CGL 1936 Supp. 5727(1); s. 168, ch Sale under power.-in case of any sale of property under a power of sale as provided in s , the sale may be conducted by the mortgagee or assignee, or by any person appointed by the mortgagee or as assignee, and the person conducting such sale shall execute a bill r ~sale to the purchaser or

6 Ch. 698 CHATTEL MORTGAGES Ch. 698 purchasers, which shall effectively transfer title to the property so sold. The mortgagee or assignee may bid and become the purchaser at any such sale. All rights and remedies of the mortgagee provided in ss shall extend to the mortgagee's legal representatives and assigns. History.-s. 2, ch , 1935; CGL 1936 Supp. 5727(2) Remedy concurrent.-nothing in ss and shall prevent the holder of any such mortgage from foreclosing such mortgage in equity; the remedy by power of sale given in said sections being intended to be cumulative and concurrent, but not exclusive. In all other respects, the laws relating to chattel mortgages shall be applicable to such mortgages. History.-s. 3, ch , 1935; CGL 1936 Supp. 5727(3) Notice given by filing for record of chattel mortgages generally, to extend 7 years.- (1) The notice given to third persons by the filing for record of any mortgage or other security instrument, except mortgages or other instruments given to secure future advances, creating a lien on, or conveying or reserving an interest in, personal property, or agricultural, horticultural, or fruit crops planted, growing or to be planted, grown or raised, shall, unless otherwise provided by law, expire at the end of7 years from the date of the filing thereof for record. (2) The notice given to third persons by the filing for record of any mortgage or other security instrument given to secure future advances, creating a lien on, or conveying or reserving an interest in, personal property or agricultural, horticultural, or fruit crops planted, growing, or to be planted, grown, or raised, shall, unless otherwise provided by law, expire at the end of: (a) Seven years from the date of maturity of the debts or obligations last maturing thereunder and secured by such mortgages or other security instruments, or (b) Seven years from the last date an advance could validly be made thereunder so as to be secured thereby, whichever of said dates is later. (3) Provided, however, that this law shall not apply to any mortgage or other security instrument creating a lien on, or conveying or reserving an interest in, or in respect of property owned by, or sold or leased to, or agreed to be sold or leased to, any railroad corporation, where such mortgage has been or shall be recorded in the county in the state in which the mortgaged property is situated or, in the case of such other instrument, where such other instrument has been or shall be recorded in the office of the department of state. Provided further, however, that this law shall not apply to any mortgage or other security instrument given to secure any indebtedness to the United States, or any agency or instrumentality thereof, incurred under the Rural Electrification Act of 1939, as amended. History.- s. 1, ch , 1935; CGL 1936 Supp. 5727(7); s. 1, ch , 1941; s. 1, ch , 1951; s. 4, ch ; ss. 10, 35, ch Extension of period of notice.-the effect as to third persons of the filing of any such instrument for record, may, in all respects, including the preservation of priority thereof, be extended for successive additional periods, each not exceeding 7 years from the date of the filing in the office of the clerk of the circuit court, wherein any such instrument is recorded, upon the filing by the owner or holder thereof, of an affidavit identifying such instrument, stating his interest therein and the nature and amount unpaid on the obligation still secured thereby. Provided, however, that where a mortgage or other security instrument has been amended or supplemented one or more times and an identifying affidavit is so filed for record by the owner or holder thereof with respect to the original mortgage or other security instrument and mention is made in such affidavit of any instrument or instruments amendatory or supplemental thereto such identifying affidavit need not be filed with respect to such amendatory or supplemental instrument or instruments so mentioned therein and the effect of such amendatory or supplemental instrument or instruments and the preservation of any lien or priority thereof shall be extended along with the original mortgage or other security instrument as to which affidavit or affidavits have been filed in accordance with the requirements of this section. History.-s. 2, ch , 1935; CGL 1936 Supp. 5727(8); s. 1, ch , Effect on certain existing instruments.-the notice given by the filing of any mortgage, or other security instrument creating a lien on, or conveying or reserving an interest in, personal property, or agricultural, horticultural, or fruit crops planted, growing or to be planted, grown, or raised, filed or recorded, prior to May 1, 1935, shall not extend more than 7 years from said date, unless within 7 years therefrom such an affidavit is so filed. History.-s. 3, ch , 1935; CGL 1936 Supp. 5727(9) Duties of clerk in connection with extension.-the clerk of the circuit court shall file such affidavit, reindex the instrument mentioned therein, and enter on the index of such instrument a reference to the filing of such affidavit, stating thereon the date of filing of such affidavit and the amount unpaid on the obligation secured by such instrument, for which services the clerk of the circuit court shall be entitled to a service charge as provided in s History.-s. 4, ch , 1935; CGL 1936 Supp. 5727(10); s. 29, ch Chapter not applicable to transactions under Uniform Commercial Code.-The provisions of this chapter shall not apply to transactions governed by any of the provisions of the Uniform Commercial Code, but shall remain applicable to transactions to which that code does not apply. History.-s. 1, ch

7 Ch. 701 ASSIGNMENT AND CANCELLATION OF MORTGAGES Ch. 701 CHAPTER 701 ASSIGNMENT AND CANCELLATION OF MORTGAGES Assignment Assignment not effectual against creditors unless recorded Cancellation Cancellation of mortgages, liens and judgments Failing or refusing to satisfy lien; punishment for Certain cancellations and satisfactions of mortgages validated Assignment.-Any mortgagee may assign and transfer any mortgage made to him, and the. person to whom any mortgage may be assigned or transferred may also assign and transfer it, and he or his assigns or subsequent assignees may lawfully have, take and pursue the same means and remedies which the mortgagee may lawfully have, take or pursue for the foreclosure of a mortgage and for the recovery of the money sect.:.red thereby. History.-s. 1, Dec. 11, 1834; RS 1985; GS 2498; RGS 3840; CGL Assignment not effectual against creditors unless recorded.- (!) No assignment of a mortgage upon real property or of any interest therein, shall be good or effectual in law or equity, against creditors or subsequent purchasers, for a valuable consideration, and without notice, unless the same be recorded according to law. (2) The provisions of this section shall also extend to assignments of mortgages resulting from transfers of all or any part or parts of the debt, note or notes secured by mortgage, and none of same shall be effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration without notice, unless a duly executed assignment be recorded according to law. (3) Any assignment of a mortgage, duly executed and recorded according to law, purporting to assign the principal of the mortgage debt or the unpaid balance of such principal, shall, as against subsequent purchasers and creditors for value and without notice, be held and deemed to assign any and all accrued and unpaid interest secured by such mortgage, unless such interest shall be specifically and affirmatively reserved in such assignment by the assignor, and no reservation of such interest or any part thereof shall be implied. History.-s. 1, ch. 6909, 1915; RGS 3841; CGL 5744; s. 13, ch , cf.-s et seq. Recordation of conveyances and mortgages of real estate Cancellation.-Whenever the amount of money due on any mortgage shall be fully paid, the mortgagee or assignee shall within 60 days thereafter cancel the same in the manner provided by law. History.-RS 1986; GS 2499; RGS 3842; CGL 5745; s. 171, ch Cancellation of mortgages, liens and judgments.-whenever the amount of money due on any mortgage, lien or judgment shall be fully paid to the person or party entitled to the payment thereof, the mortgagee, creditor or assignee, or the attorney of record in the case of a judgment, to whom such payment shall have been made, shall enter on the margin of the record of such mortgage, notice oflien or judgment, in the presence of the custodian of such record, to be attested by said custodian, satisfaction of said mortgage, notice oflien or judgment, and sign the same with his, her, or their hand; or shall execute in writing an instrument acknowledging satisfaction of said mortgage, lien, or judgment, and have the same acknowledged or proven, and duly entered of record in the book provided by law for such purposes in the proper county. History.-s. 1, ch. 4138, 1893; s. 1, ch. 4918, 1901; GS 2500; RGS 3843; CGL Failing or refusing to satisfy lien; punishment for.-any person entitled to and receiving the payment of the amount of money due upon any mortgage, lien, or judgment, who shall fail for 30 days after written demand made by the person paying the same, to cancel and satisfy of record, as provided by law, any such mortgage, lien or judgment so paid, shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s History.-s. 2, ch. 4918, 1901; GS 3712; RGS 5663; CGL 7866; s. 677, ch Certain cancellations and satisfactions of mortgages validated.-all cancellations or satisfactions of mortgages made prior to the enactment of chapter 4138, acts ofl893, by the mortgagee or assignee of record of such mortgage entering same on the margin of the record of such mortgage in the presence of the custodian of such record and attested by the said custodian and signed by said mortgagee or assignee of record of such mortgage, shall be valid and effectual for every purpose as if the same had been done subsequent to the enactment of chapter 4138, acts of History.-s. 1, ch , 1931; CGL 1936 Supp. 5746(1). 1857

8 Ch. 702 FORECLOSURE OF MORTGAGES, AGREEMENTS FOR DEEDS, ETC. Ch. 702 CHAPTER 702 FORECLOSURE OF MORTGAGES, AGREEMENTS FOR DEEDS, AND STATUTORY LIENS Chancery Certain foreclosures validated Mortgaged lands in different counties Mortgaged lands sold for taxes Deficiency decree; common law suit to recover deficiency Power of courts and judges to set aside foreclosure decrees at any time before sale Effect of setting aside foreclosure decree Definitions Chancery.-All mortgages shall be foreclosed in chancery, unless otherwise provided by statute. Hlstory.-RS 1987; GS 2501; RGS 3844; CGL 5747; s. 7, ch , Certain foreclosures validated.-all mortgage foreclosures heretofore made, or now pending, wherein there has been annexed to the bill of complaint in such cause, an uncertified copy of the mortgage, as provided by chapter 12095, acts of1927, entitled: "An act to amend section 3845 RGS relating to complaint in foreclosure of mortgages" are hereby validated and confirmed insofar as they relate to the copy of the mortgage attached to such complaint, to the same extent and effect as if section 3117, RGS, had been expressly repealed by chapter 12095, 1927, entitled: "An act to amend section 3845 RGS relating to complaint in foreclosure of mortgages." Hlstory.-s. 1, ch , 1929; CGL 1936 Supp. 5748(1) Mortgaged lands in different counties. -When a mortgage includes lands, railroad track, right-of-way, or terminal facilities and station grounds, lying.in two or more counties, it may be foreclosed in any one of said counties, and all proceedings shall be had in that county as if all the mortgaged land, railroad track, right-of-way, or terminal facilities and station grounds lay therein, except that notice of the sale must be published in every county wherein any of the lands, railroad track, right-of-way, or terminal facilities and station grounds to be sold lie. After final disposition of the suit, the clerk of the circuit court shall prepare and forward a certified copy of the decree of foreclosure and sale and of the decree of confirmation of sale to the clerk of the circuit court of every county wherein any of the mortgaged lands, railroad tracks, right-ofway, or terminal facilities and station grounds lie, to be recorded in the foreign judgment book of each such county, and the costs of such copies and of the record thereof shall be taxed as costs in the cause. History.-RS 1989; s. 1, ch. 4420, 1895; GS 2503; s. 1, ch. 7339, 1917; RGS 3846; CGL Mortgaged lands sold for taxes.-any person who has a lien by mortgage or otherwise upon lands sold for taxes may, within the time allowed by law for redemption, redeem such lands, and the receipt of the officer authorized to receive the amount paid for redemption money shall entitle the lienholder to collect the said amount, with interest at the rate of 10 percent per annum, as a part of and in the same manner as the amount secured by his originallien. Hlstory.-s. 1, ch. 3903, 1889; RS 1990; GS 2504; RGS 3847; CGL Deficiency decree; common law suit to recover deficiency.-ln all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound judicial discretion of the court, but the complainant shall also have the right to sue at common law to recover such deficiency, provided no suit at law to recover such deficiency shall be maintained against the original mortgagor in cases where the mortgage is for the purchase price of the property involved and where the original mortgagee becomes the purchaser thereof at foreclosure sale and also is granted a deficiency decree against the original mortgagor. Hlstory.-s. 1, ch , 1927; CGL 5751; s. 1, ch , Power of courts and judges to set aside foreclosure decrees at any time before sale.-the circuit courts of this state, and the judges thereof at chambers, shall have jurisdiction, power, and authority to rescind, vacate, and set aside a decree of foreclosure of a mortgage of property at any time before the sale thereof has been actually made pursuant to the terms of such decree, and to dismiss the foreclosure proceeding upon the payment of all court costs. History.-s. 1, ch , 1927; CGL Effect of setting aside foreclosure decree.-whenever a decree of foreclosure has been so rescinded, vacated, and set aside and the foreclosure proceedings dismissed as provided in s , the mortgage, together with its lien and the debt thereby secured, shall be, both in law and equity, completely relieved of all effects of any kind whatsoever resulting from or on account of the foreclosure proceedings and the decree of foreclosure and fully restored in all respects to the original status ofthe same as it existed prior to the foreclosure proceedings and the decree of foreclosure, and thereafter the same shall be for all purposes whatsoever legally of force and effect just as if foreclosure proceeding had never been instituted and a decree of foreclosure had never been made. Hlstory.-s. 2, ch , 1927; CGL Definitions.-For the purposes of ss and the words "decree of foreclosure" shall include a judgment or order rendered or passed in the foreclosure proceedings in which the decree of foreclosure shall be rescinded, vacated, and set aside; the word "mortgage" shall mean any written instrument securing the payment of money or advances; the word "debt" shall include promissory notes, bonds, and all other written obligations given for the payment of money; the words "foreclosure proceed-

9 Ch. 702 FORECLOSURE OF MORTGAGES, AGREEMENTS FOR DEEDS, ETC. Ch. 702 ings" shall embrace every action in the circuit courts the word "property" shall mean and include both of this state wherein it is sought to foreclose a mort- real and personal property. gage and sell the property covered by the same; and History.-s. 3, ch , 1927; CGL

10 Ch. 703 ABSTRACTS OF TITLE Ch County comm1sswners authorized to require clerk to make abstracts Abstracts of real estate upon petition; service charge of clerk What abstract to show Abstracting tax sales Service charge of clerk for furnishing abstract Board may purchase abstract books Abstracts of records destroyed by fire; purchase of abstract books by county; proceedings for Copies of abstracts as evidence Condemnation of abstracts, maps, etc., by county where records have been destroyed Order to show cause; enjoining owners from removing abstracts, etc., beyond jurisdiction of court Order granting petition; jury to assess compensation; copies of original abstracts, etc Payment of compensation and delivery of abstracts, etc.; petitioner to pay cost Penalty for failure to deliver abstracts, etc Abstracts, etc., acquired by condemnation Alteration of abstracts condemned by county for use of the public Refusing to make abstract Filing untrue copies of abstracts ordered filed for use of public County commissioners authorized to require clerk to make abstracts.-the county commissioners in and for any county of this state, whenever the said board deems it advisable, may require the clerk of the circuit court in and for said county to abstract any or all instruments of writing affecting any real estate situated in the county as the same is recorded. For such services the clerk may collect a charge not to exceed 60 cents for each piece of property so abstracted, provided there are not more than two descriptions. In instruments to be recorded when there are more than two descriptions, the charge of the clerk shall not exceed 60 cents for each of the first two descriptions, and an additional charge of20 cents for each ofthe others or a flat fee of$1 per instrument. In cases where instruments are to be recorded and real estate is described by reference only, a search and recording charge shall be as provided in s History.-s. 1, ch. 5!73,! 903; GS 2505; RGS 3848; CGL 5755; s. I, ch ; s. 30, ch Abstracts of real estate upon petition; service charge of clerk.-u pon a petition of a majority of the registered voters of any county of this state, the board of county commissioners of said county, if it deems it advisable, shall have abstracted, under the supervision of said clerk, any or all instruments of record relating to real estate situated CHAPTER 703 ABSTRACTS OF TITLE 1860 in said county. For such services the clerk shall receive a service charge as provided in s History.-s. 2, ch. 5173, 1903; GS 2506; RGS 3849; CGL 5756; s. 31, ch * What abstract to show.-the said abstract books shall be so ruled and headed as to show the description of the property, the names of the grantors and grantees, mortgagors and mortgagees, nature of the instrument, consideration, date, release of dower, number of witnesses, number of book and page of record, and such other information arranged in such order as the said board of commissioners may deem advisable. History.-s. 3, ch. 5173, 1903; GS 2507; RGS 3850; CGL Note.-Ch , Laws of Florida, effective October 1, 1973, abolished the right of dower in property transferred prior to death Abstracting tax sales.-whenever the board of county commissioners deems it advisable, it shall have abstracted any or all of the tax sales relating to any real estate situated in the county. This shall be done under the supervision of the clerk, who shall receive service charges as provided in s The abstract books shall be so ruled and headed as to show number of certificate, date of sale, the year for which taxes were unpaid, number and page of book where recorded, date of redemption or cancellation, date of deed, number and page of book where recorded, and such other information and in such order as may be deemed advisable by the clerk. History.-s. 4, ch. 5173, 1903; GS 2508; RGS 3851; CGL 5758; s. 32, ch. 70-! Service charge of clerk for furnishing abstract.-when the records of the county have been abstracted, the service charge of the clerk for making an abstract shall be as provided in s History.- s. 5, ch. 5173,!903; GS 2509; RGS 3852; CGL 5759; s. 33, ch Board may purchase abstract books. -Upon a petition of a majority of the registered voters of any county in this state, the board of county commissioners of said county, if the said board deems it advisable, may purchase a set of abstract books, for whatever price, and on whatever terms, the board may deem expedient. The clerk of the court shall have custody of said books, and they shall be open to examination free of charge. History.-s. 6, ch. 5173,!903; GS 2510; RGS 3853; CGL Abstracts of records destroyed by fire;. purchase of abstract books by county; proceedings for.- (1) When the records, or any material part thereof, in any county in this state, concerning the title to property have been heretofore destroyed by fire so that a connected chain of title cannot be taken therefrom, the judge of the circuit court of such county, if requested by the board of county commissioners of such county by resolution of such board, shall appoint three competent and trustworthy persons as commissioners to examine into the state of the records in such county, and in case they find any

11 Ch. 703 ABSTRACTS OF TITLE Ch. 703 abstracts, copies, minutes, extracts, maps, or plats from such records, existing after such destruction as aforesaid, and find that such abstracts, copies, minutes, extracts, maps, or plats were fairly made before such destruction of the records by any person or persons in the ordinary course of business, and that they contain a material and substantial part of such records, they shall certify the facts found by them in respect to such copies, abstracts, minutes, extracts, maps, or plats, and also (if they are of that opinion) that such abstracts, copies, minutes, extracts, maps, or plats tend to show a connected chain of title to the lands in said county, and shall file such certificates with the county clerk of the proper county, and the board of county commissioners thereof may, with the approval of the judge of the circuit court of the county, purchase from the owners thereof such abstracts, copies, minutes, extracts, maps, or plats, or such parts thereof as may tend to constitute a connected chain of title to the lands in said county, including all judgments and decrees that form part of such chain of title, paying therefor such reasonable price as may be agreed upon between them and such owners; provided, that such price shall be approved by said board of three commissioners appointed by such circuit judge as aforesaid, and also by said circuit judge; or such board of county commissioners may, with such approval and upon such conditions, procure a copy of said abstracts, copies, minutes, extracts, maps, or plats, instead of the originals, to be paid for in like manner, upon approval of the price thereof by said circuit judge and said board of three commissioners as aforesaid. (2) The compensation of said three commissioners to be appointed by said circuit judge as aforesaid shall be fixed and allowed by the board of county commissioners and shall be paid by the county. Bistory.-s. 2, ch. 4951, 1901; GS 2511; RGS 3854; CGL Copies of abstracts as evidence.-the abstracts, copies, minutes, maps, and plats of said county purchased under the provisions of s shall thereupon be placed in the office of the clerk of the circuit court of said county, to be copied or arranged in such form as the board of county commissioners shall deem best for the public interest. And in case the originals have been lost or destroyed, and no certified copy from the records of the original papers shall be in the power, custody, or control of the party asking to use the same on any trial or other proceedings, copies of the same, or any part thereof, duly certified by the clerk of the circuit court of said county, shall be admitted in evidence in all courts of law and equity in this state. Such clerk shall furnish to any and all parties requesting it, upon being paid his proper fees, certified copies of the same, or parts thereof. History.-s. 3, ch. 4951, 1901; GS 2512; RGS 3855; CGL Condemnation of abstracts, maps, etc., by county where records have been destroyed.-when the records, or any material part thereof, in any county in this state, concerning the title to property, have been destroyed by fire or other causes so that a connected chain of title cannot be taken therefrom, and any person or corporation is possessed of any abstracts, copies, minutes, extracts, 1861 maps, or plats, made from said records before such destruction, the board of county commissioners of any such county may acquire such abstracts, copies, minutes, extracts, maps, or plats in whole or in part, as the board may determine, or copies thereof, to be placed in the office of the clerk of the circuit court for the use ofthe public as part of the public records, in the following manner: (1) The said board shall determine, by an entry in their minutes, what abstracts, copies, minutes, extracts, maps, or plats so owned by any person or corporation they desire to acquire for the use of the public; (2) The said board of county commissioners shall thereupon cause a petition in the name of such county, to be presented to the judge of the circuit court of the circuit in which such county is situated, setting forth what abstracts, copies, minutes, extracts, maps, or plats, so made from such burned records, are required, and giving the name of any person, persons, or corporation owning the same or in possession thereof, and praying that the said abstracts, copies, minutes, extracts, maps, or plats, or copies thereof sworn to by the custodian thereof to be correct copies of the same, may be condemned and placed in the clerk's office for the use of the public as part of the public records. History.-s. 1, ch. 5414, 1905; RGS 3856; CGL Order to show cause; enjoining owners from removing abstracts, etc., beyond jurisdiction of court.-upon the presentation of such petition to such judge, he shall make an order requir~ ing the owner or custodian of such abstracts, copies, minutes, extracts, maps, or plats to appear before him at a day by him fixed, not less than 10 nor more than 30 days from the date of such order, and show cause why the petition should not be granted, and the said judge shall at the time make an order enjoining the owners or persons in charge of such abstracts, copies, minutes, extracts, maps, or plats from removing the same beyond the jurisdiction of the court pending the litigation. History.-s. 2, ch. 5414, 1905; RGS 3857; CGL Order granting petition; jury to assess compensation; copies of original abstracts, etc. -Upon the day fixed, or any day to which the hearing may be adjourned, if no person shall appear, or if no sufficient cause be shown why the prayer of the petition should not be granted, then the said judge shall make an order granting the prayer of the petition and issue an order to the sheriff to empanel a jury of12 men to try what shall be just compensation for the said abstracts, copies, minutes, extracts, maps, or plats, or copies thereof, sought to be taken for the county. If the defendant so appearing shall, in his return to such order, elect that the condemnation sought by the petitioner shall, if any such condemnation be allowed, be of copies of such abstracts, copies, minutes, extracts, maps, or plats and not of the originals thereof, no condemnation shall be allowed of such originals, and the petition, in case it shall have sought a condemnation of such originals, shall thereupon be amended so as to seek only a

12 Ch. 703 ABSTRACTS OF TITLE Ch. 703 condemnation of a copy of said abstracts, copies, minutes, extracts, maps, or plats. History.-s. 3, ch. 5414, 1905; RGS 3858; CGL Payment of compensation and delivery of abstracts, etc.; petitioner to pay cost. Upon the rendition of the verdict, the said judge shall make an order that, upon the payment into court for the use of the defendant, within 10 days, unless further time be allowed by the court, of the compensation ascertained by the jury, the prayer of the petition is granted, or else the proceedings shall be null and void, and the said judge shall fix a time within which, after such payment into court, the defendant shall place in the office of the clerk of the circuit court for said county, for the use of the public, such abstracts, copies, minutes, extracts, maps, or plats, or copies thereof, sworn to by the custodian of the said abstracts, copies, minutes, extracts, maps, or plats, in accordance with the prayer of said petition, and said judge shall render judgment against the petitioner for the cost. History.-s. 5, ch. 5414, 1905; RGS 3860; CGL Penalty for failure to deliver abstracts, etc.-any person or the officers of any corporation in possession of, or having under their control such abstracts, copies, minutes, extracts, maps, or plats who shall fail or refuse to comply with such order, shall be guilty of a contempt of court and may be imprisoned until such order is obeyed. History.-s. 6, ch. 5414, 1905; RGS 3861; CGL Abstracts, etc., acquired by condemnation.-upon the filing of such abstracts, copies, minutes, maps, or plats, or such copies thereof, in the office of the clerk of the circuit court for such county, they shall have the same force and effect as is now provided in ss and for those obtained and filed in such clerk's office under the provisions of said sections. History.-s. 8, ch. 5414, 1905; RGS 3862; CGL Alteration of abstracts condemned by county for use of the public.-any person or persons making any erasure, alteration, interlineation, or interpolation in any abstracts, copies, minutes, extracts, maps, or plats, or in any copies thereof filed in the clerk's office under the provisions ofss and shall be guilty of the crime of forgery. History.-s. 9, ch. 5414, 1905; RGS 5207; CGL 7325; s. 678, ch Refusing to make abstract.-any person or any employee thereof, who may be engaged in such business of making abstracts, writing, entries, or maps in any county in which the records have been destroyed, shall furnish such abstract or copy, or any portion thereof and a certificate and affidavit of the correctness thereof to any person from time to time applying therefor in the order of application, and without unnecessary delay, and for a reasonable consideration to be allowed therefor, which in no case shall exceed the sum of 60 cents for each deed, mortgage, or other instrument for which such abstract is furnished, and $5 for the certificate and affidavit, and only one certificate and affidavit shall be necessary or shall be charged to or for all the entries, instruments, or items of the abstract of any chain of title, and any and all persons so engaged, whose business is hereby declared to stand upon a like footing with that of common carriers, who shall refuse so to do, if tender or payment be made to him or them of the amount demanded for such abstract or copy, and not exceeding the amount aforesaid, as soon as such amount is made known and ascertained, or of a sum adequate to cover such amount before it is ascertained, shall be guilty of the crime of extortion, and shall also be liable in any action for any and all damages, loss or injury which any person applying therefor may suffer or incur by reason of such failure to furnish such abstract or copy, as aforesaid, and shall also be subject to be compelled to furnish such abstract by mandamus or other legal proceedings. History.-s. 7, ch. 4951, 1901; GS 3484; RGS 5358; CGL 7493; s. 679, ch cf.-s "Person" defined Filing untrue copies of abstracts ordered filed for use ofpublic.-any person making copies of abstracts, copies, minutes, extracts, maps, or plats, where copies are prayed for under the provisions of ss and and ordered filed in the office of the clerk of the circuit court for the use of the public, who shall not make the same truly and without alteration or interpolation, shall be guilty of a felony of the third degree, punishable as provided in s , s , or s History.-s. 7, ch. 5414, 1905; RGS 5359; CGL 7494; s. 680, ch

13 Ch. 704 EASEMENTS Ch Common law, statutory easements defined and determined When lands enclosed, person using easement to maintain gates "Practicable" defined Judicial remedy and compensation to servient owner Easements and rights of entry Common law, statutory easements defined and determined.- (!) IMPLIED GRANT OF WAY OF NECESSI TY-The common law rule of an implied grant of a way of necessity is hereby recognized, specifically adopted, and clarified. Such an implied grant exists where a person has heretofore [granted] or hereafter grants lands to which there is no accessible right-ofway except over his land, or has heretofore [retained] or hereafter retains land which is inaccessible except over the land which he conveys. In such instances a right-of-way is presumed to have been granted or reserved. Such an implied grant or easement in lands or estates exists where there is no other reasonable and practicable way of egress, or ingress and same is reasonably necessary for the beneficial use or enjoyment of the part granted or reserved. An implied grant arises only where a unity of title exists from a common source other than the original grant from the state or United States; provided, however, that where there is a common source of title subsequent to the original grant from the state or United States, the right of the dominant tenement shall not be terminated if title of either the dominant or servient tenement has been or should. be transferred for nonpayment of taxes either by foreclosure, reversion, or otherwise. (2) STATUTORY WAY OF NECESSITY EX CLUSIVE OF COMMON LAW RIGHT.-Based on public policy, convenience, and necessity, a statutory way of necessity exclusive of any common law right exists when any land or portion thereof outside any municipality which is being used or desired to be used as a dwelling or for agricultural or for timber raising or cutting or stockraising purposes shall be shut off or hemmed in by lands, fencing, or other improvements of other persons so that no practicable route of egress or ingress shall be available therefrom to the nearest practicable public or private road. The owner or tenant thereof, or anyone in their behalf, lawfully may use and maintain an easement for persons, vehicles, stock, and electricity and telephone service over and upon the lands which lie between the said shut-off or hemmed-in lands and such public or private road by means of the nearest practical route, considering the use to which said lands are being put; and the use thereof, as aforesaid, shall not constitute a trespass; nor shall the party thus using the same be liable in damages for the use thereof; provided that such easement shall be used only in an orderly and proper manner. History.-s. 1, ch. 7326, 1917; RGS 4999; CGL 7088; s. 1, ch , CHAPTER 704 EASEMENTS When lands enclosed, person using easement to maintain gates.-when the land on which the statutory easement referred to in s (2) shall be in use, or afterwards put to the use of enclosing farm or grove products or livestock, the owner or tenant of the dominant tenement using the easement of the same shall, if no compensation is paid under s , when requested by the owner of the servient tenement, erect and maintain either a cattle guard or a gate at each place where said easement intersects a fence. Any such gate is to be kept closed when not opened for passage, and any such cattle guard or gate so erected and maintained shall be in substantial conformity with the character of the fence at such intersection. History.-s. 2, ch. 7326, 1917; RGS 5000; CGL 7089; s. 2, ch , "Practicable" defined.-for the purposes of this chapter the word "practicable," as used in s , shall be held and construed to mean "without the use of bridge, ferry, turnpike road, embankment, or substantial fill." History.-s. 3, ch. 7326, 1917; RGS 5001; CGL 7090; s. 3, ch , Judicial remedy and compensation to servient owner.-when the owner or owners of such lands across which a statutory way of necessity under s (2) is claimed, exclusive of the common law right, objects or refuses to permit the use of such way under the conditions set forth herein or until he receives compensation therefor, either party or the board of county commissioners of such county may file suit in the circuit court of the county wherein the land is located in order to determine if the claim for said easement exists, and the amount of compensation to which said party is entitled for use of such easement. Where said easement is awarded to the owner of the dominant tenement, it shall be temporary and exist so long as such easement is reasonably necessary for the purposes stated herein. The court, in its discretion, shall determine all questions including the type, extent, and location of the easement and the amount of compensation, provided that if either of said parties so requests in his original pleadings, the amount of compensation may be determined by a jury trial. The easement shall date from the time the award is paid, History.-s. 4, ch , Easements and rights of entry.- (1) The rights and interests in land which are subject to being extinguished by marketable record title pursuant to the provisions of s shall include rights of entry or of an easement, given or reserved in any conveyance or devise of realty, when given or reserved for the purpose of mining, drilling, exploring, or developing for oil, gas, minerals, or fissionable materials, unless those rights of entry or easement are excepted or not affected by the provisions of s or s However, the provisions of this section shall not apply to interests reserved or otherwise held by the state or by any of its agencies, boards, or departments.

14 Ch. 704 EASEMENTS Ch. 704 (2) Any person claiming such a right of entry or easement may preserve and protect the same from extinguishment by the operation of this act by filing a notice in the form and in accordance with the procedures set forth in ss and If the period for filing the notice would expire prior to January 1, 1977, the period shall be extended to January 1, (3) This section is intended, and shall be deemed, to operate both prospectively and retrospectively. (4) The provisions of this section shall not revive any right or interest that was extinguished by the operation of chapter 712 prior to June 6, History.-s. 1, ch ; s. 1, ch ; s. 1, ch

15 Ch. 705 SEIZED, ABANDONED, WRECKED OR DERELICT PROPERTY Ch. 705 CHAPTER 705 SEIZED, ABANDONED, WRECKED OR DERELICT PROPERTY County court judge to order sale Mode of ascertaining salvage Disposition of proceeds of sale Sheriff to report to county court judge Recovery from person wrongfully in possession Finder of derelict goods failing to report Finder appropriating derelict goods Disposition and appraisal of property seized by the sheriff or by any other officer Notice of seizure and order to show cause Notice of seizure and order to show cause when owners of property are unknown Proceeding when claim filed Judgment of forfeiture Disposition of proceeds of forfeiture Fees for services Abandoned property; supplemental procedure for removal and destruction Exceptions Disposal of personal property lost or abandoned on university campuses and the disposition of any proceeds from sale thereof County court judge to order sale. (1) Whenever any wrecked derelict goods, abandoned motor vehicle, or other personal property shall be found in any county in this state, the county court judge shall ascertain the amount and situation of the same, and by his written order shall cause the sheriff to take charge thereof and sell the same at public outcry, after giving a reasonable public notice of the time and place of such sale. (2) Whenever any confiscated or contraband personal property of any description shall come into the possession or custody of the sheriff by seizure in the performance of his duty or otherwise which is subject to forfeiture and sale under any provision of the state constitution or statutes, such property shall be disposed of as hereinafter provided. History.-s. 1, ch. 1005, 1859; RS 2010; GS 2532; RGS 3887; CGL 5794; s. 1, ch , 1943; s. 1, ch ; s. 26, ch Mode of ascertaining salvage.-in order to ascertain the quantum of salvage to be paid to the person finding and reporting such wrecked derelict goods, abandoned motor vehicle, or other personal property, the county court judge shall appoint two disinterested citizens of the county as arbitrators (who shall be authorized in case of disagreement to select an umpire), who shall determine the quantum of salvage, not to exceed one-half the proceeds of such goods, to be paid to the salvors or persons finding and reporting such goods, and the county court judge shall draw his order upon the sheriff, who shall pay the same for the amount so awarded in favor of the salvors or persons finding and reporting. History.-s. 2, ch. 1005, 1859; RS 2011; GS 2533; RGS 3888; CGL 5795; s. 2, ch , 1943; s. 26, ch Disposition of proceeds of sale.-the sheriff shall pay the balance of the proceeds of such sale, after paying to the county court judge 1 percent of the balance for his services, into the state treasury for the benefit of the state school fund and unless the same shall be claimed and proceedings initiated to validate said claim within 1 year and a day, the said proceeds shall be forever forfeited to the state school fund. History.-s. 3, ch. 1005, 1859; RS 2012; GS 2534; RGS 3889; CGL 5796; s. 2, ch ; s. 26, ch Sheriff to report to county court judge.-the sheriff shall place in the hands of the county court judge within 1 month of the time at which any money is received a statement of the amount of money received by him, the time at which, and the source from which, said money was received; which statement shall be kept by the county court judge, and a copy thereof forwarded without unnecessary delay to the Department of Banking and Finance. History.-s. 6, ch. 344, 1850; RS 2014; GS 2536; RGS 3891; CGL 5798; ss. 12, 35, ch ; s. 26, ch Recovery from person wrongfully in possession.-whenever any property described in this chapter, chapter 706, or chapter 707, is ascertained to be wrongfully withheld and the person in possession refuses to give it up to the sheriff on demand, the county attorney of the county in which the property is situated, or the city attorney, if within a municipality, when required to do so by the sheriff, shall enter a suit for said property and prosecute it to a final recovery. All moneys derived from these sources shall be paid by the sheriff into the state treasury for the benefit of the state school fund. History.-ss. 4, 5, ch. 344, 1850; RS 2015; GS 2537; RGS 3892; CGL 5799; s. 4, ch Finder of derelict goods failing to report.-whoever finds wrecked or derelict goods and fails to report them to the county court judge of the county wherein the same are found shall be guilty of a misdemeanor of the second degree, punishable as provided in s History.-s. 4, ch. 1005, 1859; RS 2501; GS 3384; RGS 5232; CGL 7351; s. 681, ch ; s. 26, ch Finder appropriating derelict goods. -Whoever finds wrecked or derelict goods and secretes or appropriates the same to his own use, or shall refuse to deliver the same when required, shall be guilty of a misdemeanor of the second degree, punishable as provided in s History.-RS 2502; GS 3385; RGS 5233; CGL 7352; s. 682, ch Disposition and appraisal of property seized by the sheriff or by any other officer.- (!) When personal property not subject to be summarily destroyed is seized by the sheriff pursuant to any of the provisions of the law of this state permitting forfeiture thereof, or when property seized by any other officer is delivered to the sheriff

16 Ch. 705 SEIZED, ABANDONED, WRECKED OR DERELICT PROPERTY Ch. 705 under such provisions, the sheriff shall forthwith fix the approximate value thereof and make report thereof to the county court judge. The report shall contain a schedule of the property seized, a full statement of the facts giving cause for said seizure, the name and position ofthe person making the seizure, the name and address of the owners or persons having possession of the property seized, and names and addresses of all persons, firms, or corporations known to the sheriff to have an interest in the property seized. (2) The sheriff shall hold the property seized pending an order of disposal by the court. History.-s. 5, ch ; s. 26, ch Notice of seizure and order to show cause.- (1) The county court judge upon receiving the report and schedule of the sheriff shall treat it as a petition or libel in rem for the forfeiture of the property therein described. The report shall be sufficient as said petition or libel notwithstanding the fact that it may not contain a formal prayer or demand for forfeiture. The report shall be subject to amendment at any time before final hearing upon due notice to all interested parties. (2) Upon the filing of the report, the county court judge shall cause to be issued a citation directed to all persons, firms, and corporations owning, having, or claiming any interest in or lien upon the seized property, giving notice of the seizure and directing all such persons, firms, and corporations to file their claims stating their particular interest in said property. All persons, firms, and corporations personally served shall file their claims within 20 days after receiving service of the citation. The citation shall set the time for filing a claim for interested parties not personally served not to exceed 30 days from the date the report was filed. Personal service shall be made on all parties in the state having liens noted upon a certificate of title as shown by the records of the Department of Highway Safety and Motor Vehicles. History.-s. 5, ch ; s. 6, ch ; ss. 24, 35, ch ; s. 26, ch Notice of seizure and order to show cause when owners of property are unknown. When personal property not subject to summary destruction is seized by the sheriff pursuant to any of the provisions of the law in this state permitting forfeiture of said property, or when property seized by any other officer is delivered to the sheriff, and the name of the owners of said property or the names of any person, firm, or corporation having an interest in or lien upon said property cannot be ascertained, the sheriff shall give notice of seizure and an order to show cause why the property should not be forfeited and sold by publication for a period of 30 days in the manner provided in chapter 50. History.-s. 5, ch Proceeding when claim filed.-when one or more claims are filed in the cause, the cause shall be tried upon the issues made thereby with the petition for forfeiture with any affirmative defenses being deemed denied without further pleading Judgment by default shall be entered against all other persons, firms, and corporations owning, claiming, or having an interest in and to the property seized, after which the cause shall proceed as in other common law cases; except any claimant shall prove to the satisfaction of the court that he did not know or have any reason to believe, at the time his right, title, interest, or lien arose, that the property was being used for, or in connection with, the violation of any of the statutes or laws of this state making such property subject to such forfeiture, and further, that at such time there was no reasonable reason to believe that said property might be used for such purpose. Where the owner of the property has been convicted of the violation of a statute or laws of the state which provide for the seizure and forefeiture of property, such conviction shall be prima facie evidence that each claimant had reason to believe that the property might be used for, or in connection with a violation of, such statutes and laws, and it shall be incumbent upon such claimant to satisfy the court that he was without knowledge of such conviction. History.-s. 5, ch Judgment of forfeiture.-on final hearing the report of the sheriff to the county court judge shall be taken as prima facie evidence that the property seized was, or had been, used in, or in connection with, the violation of the statutes and laws of this state subjecting the property involved to forfeiture and sale, and shall be sufficient predicate for a judgment of forfeiture in the absence of other proofs and evidence. The burden shall be upon the claimants to show that the property was not so used or, if so used, that they had no knowledge of such violation and no reason to belive that the seized property was or would be used for the violation of such statutes and laws. Where such properties are encumbered by a lien or retained title agreement under circumstances wherein the lienholder had no knowledge that the property was or would be used in violating such statutes and laws, and no reasonable reason to believe that it might be so used, then the court may declare a forfeiture of all the rights, titles, and interest, subject, however, to the lien of such innocent lienholder, or may direct the payment of such a lien from the proceeds of any sale of said property. The proceedings and judgment of forfeiture shall be in rem and shall be primarily against the property itself. Upon the entry of a judgment of forfeiture the court shall determine the disposition to be made of the property, which may include the destruction thereof, the sale thereof, the allocation thereof to some other governmental function or use, or otherwise, as the court may determine. If any ofthe property declared forfeited is of such a nature as to be readily adaptable for use in the office of sheriff, the sheriff of the county involved shall be allowed to requisition such items of the forfeited property before any other disposition is made under the judgment. The sheriff's requisition shall be filed before judgment, and the property requisitioned therein shall be allocated to the office of the sheriff in said judgment. The balance of the property shall be destroyed or sold or allocated to some other governmental function or use. Sales of such property shall

17 Ch. 705 SEIZED, ABANDONED, WRECKED OR DERELICT PROPERTY Ch. 705 be a public sale to the highest and best bidder for cash after 2 weeks' public notice as the court may direct. Upon the application of any claimant, the court may fix the value of a forfeitable interest in the seized property and permit such claimant to redeem the said property upon the payment of a sum equal to said value which sum shall be disposed of as would the proceeds of the sale of said property under a judgment of forfeiture. History.-s. 5, ch ; s. 26, ch Disposition of proceeds of forfeiture. -All sums received from the sale or other disposition of the seized property shall be paid into the state treasury for the benefit of the state school fund and shall become a part thereof. History.-s. 5, ch Fees for services.-fees for services required hereunder shall be the same as provided for sheriffs and clerks for like and similar services in other cases. History.-s. 5, ch Abandoned property; supplemental procedure for removal and destruction.- (!) In any county in the state, the rights, powers, and procedures set forth in this section shall be supplemental to and cumulative to the rights, powers, and procedures set forth elsewhere in this chapter and any amendments thereto. (2) DEFINITIONS.-As used in this section: (a) "Local government" means the board of county commissioners or the commission or council of any municipality in the county. (b) "Abandoned property" means wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, and any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements. (c) "Public property" means lands and improvements owned by the Federal Government, the State of Florida, the county, or municipalities lying within the county and includes buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-ofway, and other similar property. (d) "Enforcement officer" means sheriff, director of public safety, police chief, marshal, or any other officer designated by law, charter, ordinance, or resolution of the governing body of the local government to enforce the provisions of this section. (3)(a) Whenever the enforcement officer of any local government shall ascertain that an article of abandoned property is present on public property within the limits of such governmental unit, or unincorporated area of the county, if a county, he shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) 1867 is unlawfully upon public property known as (setting forth brief description of location) and must be removed within 10 days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of (setting forth name of local government). Dated this: (setting forth the date of posting of notice). Signed: (setting forth name, title, address, and telephone number of enforcement officer). Such notice shall be not less than 8 inches by 10 inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the enforcement officer shall make reasonable effort to ascertain the name and address of the owner, and if such is reasonably available to the enforcement officer he shall mail a copy of such notice to the owner on or before the date of posting. (b) If at the end of 10 days after posting such notice the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles from public property or shown reasonable cause for failure so to do, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed, and the salvage value, if any, of such article or articles shall be retained by the local government to be applied against the cost of removal and destruction thereof. (4)(a) Whenever the enforcement officer of any local government shall ascertain that an article or articles of abandoned property are present on private property within the limits of such governmental unit, or unincorporated area of the county if a county, in violation of any zoning ordinace or regulation, antilitter ordinance or regulation, or other similar ordinance or regulation of such local government, the enforcement officer shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) located at (setting forth brief description oflocation) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within 10 days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of (setting forth name of local government). Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address, and telephone number of enforcement officer). Such notice shall not be less than 8 inches by 10 inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of 10 days. In addition to posting, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned articles are located, as shown by the real estate tax records used by the local government on or before the date of posting of such notice. (b) If at the end of 10 days after posting such notice the owner or any person interested in the abandoned..article or articles described in such no-

18 Ch. 705 SEIZED, ABANDONED, WRECKED OR DERELICT PROPERTY Ch. 705 tice has not removed the article or articles and complied with the ordinance or regulation cited in the notice, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed, and the salvage value, if any, of such article or articles shall be retained by the local government to be applied against the cost of removal and destruction thereof. (5) Whoever opposes, obstructs, or resists any enforcement officer or any person authorized by the enforcement officer in the discharge of his duties as provided in this section upon conviction shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s (6) Any enforcement officer or any person authorized by the enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section. (7) Any incorporated municipality in any county in the state may by ordinance adopt by reference any or all of the provisions of this section. History.-ss. 1 7, ch ; s. 683, ch Exceptions.-The prov1s1ons of ss of this chapter shall not be applied to any personal property lost or abandoned on the campus of any institution in the state university system. History.-s. 1, ch Disposal of personal property lost or abandoned on university campuses and the disposition of any proceeds from sale thereof.- (1) Whenever any lost or abandoned personal property shall be found on a campus of an institution in the state university system the president of the respective institution or his designee shall take charge thereof and make a record of the date such property was found. If, within 30 days after such property is found, it is not claimed by the owner, the president shall order it sold at public outcry after giving notice ofthe time and place of sale in a publication of general circulation on the campus and written notice to the owner if known. The rightful owner of such property may reclaim same at any time prior to sale. (2) All moneys realized from such sale shall be placed in an appropriate fund and used solely for student scholarship and loan purposes. History.-s. 1, ch

19 Ch. 706 WRECKED COTTON; LUMBER ADRIFT; BOATS AND VESSELS ADRIFT Ch. 706 CHAPTER 706 WRECKED COTTON; LUMBER ADRIFT; BOATS AND VESSELS ADRIIT Finder of wrecked cotton to advertise Owner to pay expenses and salvage Sale Persons to adopt brand for lumber Damages for fraudulently using stamp Booms may be constructed Public custodian for certain ports To what ports ss apply Custodian; duties as to vessels Custodian; duties as to lost timber Notice of finding lost timber Stamp to be evidence Fees Sale of lost timber Picking up lumber adrift Ports having no public custodian; lumber, etc., not to be stayed before reaching the sea Lumber taken up in sea, etc., to be advertised Sale and disposition of proceeds Selling rafted lumber adrift Proceedings like those for estrays Finder of wrecked cotton to advertise. -Persons taking up cotton afloat in the rivers of this state shall place it in a secure place out of the weather and give early notice, by advertisement at the port to which said cotton was destined, of the finding of the same, giving the marks or brands on said cotton, together with the place of finding and the name of the finder. History.-s. 1, March 4, 1841; RS 2016; GS 2538; RGS 3893; CGL Owner to pay expenses and salvage. The person finding said cotton shall deliver it to the owner, on his paying the expense of advertisement and the sum of $5 for each bale so saved. History.-s. 2, March 4, 1841; RS 2017; GS 2539; RGS 3894; CGL Sale.-If no owner shall appear within 3 months after the time of such advertisement, the person finding shall expose the same at public auction to the highest bidder, and shall hold the proceeds, after the payment of proper costs and charges and the salvage aforesaid, for the benefit of the owner. History.-s. 3, March 4, 1841; RS 2018; GS 2540; RGS 3895; CGL Persons to adopt brand for lumber. Any person floating lumber, logs, or timber down the current of rivers, streams, or watercourses in the state may adopt, to his exclusive use, a particular mark, brand, or stamp to be used and applied on all such lumber, logs, or timber, to distinguish and designate his ownership thereof; but such person adopting any such mark, brand, or stamp shall have it recorded in the office of the clerk of the circuit court, describing it particularly and its usual mode of application. The clerk shall receive a service charge as provided in s History.-s. 2, ch. 507, 1853; RS 2019; s. 1, ch. 4174, 1893; GS 2541; RGS 3896; CGL 5803; s. 34, ch Damages for fraudulently using stamp.-any person who shall after such record knowingly use said mark, brand, or stamp shall be liable in double damages to the party aggrieved. History.-RS 2020; s. 2, ch. 4174, 1893; GS 2542; RGS 3897; CGL Booms may be constructed.-owners of timber or lumber floating down rivers or watercourses may make use of floating booms on such streams for the purpose of securing such timber or lumber from loss, but such booms shall not be used in such manner as to cause any unnecessary delay to boats and vessels engaged in the navigation of such streams, nor shall they remain stretched out upon or across such streams any longer than is absolutely necessary to secure the timber or lumber from loss. History.-s. 3, ch. 507, 1853; RS 2021; GS 2543; RGS 3898; CGL Public custodian for certain ports. The governor shall appoint, by and with the advice and consent of the senate, for each port in the state into which have or shall come during any calendar year not fewer than 50 vessels of 500 tons burden each, a public custodian of lost timber and lumber, who shall give a bond in the sum of $1,000 to the governor for the faithful discharge of his duties, and shall hold his office for 4 years, unless sooner removed by the governor for good cause. History.-s. I, ch. 5171, 1903; GS 2544; RGS 3899; CGL To what ports ss apply. -Sections shall apply to all ports, and none other, into which have come during the past 5 years vessels of500 tons burden and upwards, at the average of not less than 250 vessels per year, according to the records of the United States Customhouse at or nearest the port for which such appointment shall be made. History.-s. 2, ch. 4803, 1899; GS 2552; RGS 3905; CGL Custodian; duties as to vessels.-the said public custodian shall keep in his office a register book, wherein he shall immediately upon the arrival of any vessel record the name, date of arrival, master, nationality, and the tonnage thereof, and the cargo stamp to be furnished as hereinafter provided. The said public custodian of timber and lumber shall furnish to the master of each vessel loading cargo from the water a suitable stamp, with which the master of the said vessel shall cause to be stamped all timber and lumber immediately upon its receipt alongside to be loaded as above set forth. History.-s. 2, ch. 3899, 1889; RS 2023; GS 2545; RGS 3900; CGL Custodian; duties as to lost timber. The said public custodian, either by himself or his agent, shall keep at all times a careful watch over the waters of his port, and shall recover and place in

20 Ch. 706 WRECKED COTTON; LUMBER ADRIFT; BOATS AND VESSELS ADRIFT Ch. 706 a boom to be kept by him for the purpose, convenient to the shipping, all timber and lumber that shall be found adrift in said waters, and safely keep the same until disposed of in the manner hereinafter provided; but nothing in this section contained shall authorize the public custodian, or his agent, or any other person, to take possession of any lumber or timber afloat upon the waters of such port, or its tributaries, when the owner thereof, on his bailee or agent, shall be in possession, veiw or immediate pursuit thereof. History.-s. 3, ch. 3899, 1889; RS 2024; s. 2, ch. 5171, 1903; GS 2546; RGS 3901; CGL Notice of finding lost timber.-the said public custodian of timber and lumber immediately upon the recovery of any timber or lumber shall give public notice for 5 days in some newspaper published at said port giving the description, quantity, and stamp of such timber or lumber, and stating that unless said timber or lumber be called for and identified by the owner within 5 days, the same will be sold as provided ins , and that if the proceeds of such sale be not called for by the person lawfully entitled to the same within 90 days after such sale, the same will be forfeited and paid into the county treasury for the use of district schools; and the owners of any such timber or lumber shall be entitled to have the same delivered when at said boom upon paying to the said custodian the fees hereinafter provided. Hlstory.-s. 4, ch. 3899, 1889; RS 2025; s. 3, ch. 5171, 1903; GS 2547; RGS 3902; CGL 5809; s. 1, ch Stamp to be evidence.-the stamp furnished and used under the provisions of s when appearing upon timber or lumber adrift shall be, in the courts of the state, prima facie evidence of ownership. History.-s. 5, ch. 3899, 1889; RS 2026; GS 2548; RGS 3903; CGL Fees.-The said public custodian of lost timber and lumber shall be entitled to demand and receive from the master of each vessel using the stamp provided for in this chapter the sum of $2 for the use of the same while engaged in loading, and for each stick of sawn timber recovered and delivered the sum of75 cents and for each stick of hewn timber recovered and delivered the sum of $1.50, and for lumber recovered an<_l delivered the sum of $3 per thousand superficial feet measurement, $2.50 for each chain and 5 cents for each iron dog recovered and delivered, and $5 for each ship's boat or yawl recovered and delivered, and the said custodian shall have a first lien upon timber, lumber, chains, iron dogs, and boats or yawls so recovered by him for all his fees and dues for same until the same be fully paid, and he shall not be required to deliver any timber, lumber, chains, iron dogs, boats or yawls until such payment is made. History.- s. 6, ch. 4044, 1891; s. 1, ch. 4803, 1899; GS 2549; RGS 3904; CGL 5811; a m. s. 7, ch , Sale of lost timber.-after any lost timber or lumber has been advertised as above required for the period of 5 days, and no owner or claimant has appeared, the custodian shall sell the same at public sale, after public notice as aforesaid, advertised for 5 days, for the benefit of whom it may concern, for which service he shall receive from the proceeds of such sale 5 percent on the gross amount of such sale; the net proceeds of such sales to be held and paid by him to such person as shall be lawfully entitled to the same. History.-s. 7, ch. 3899, 1889; s. 3, ch. 4044, 1891; RS 2028; GS 2551; RGS 3906; CGL Picking up lumber adrift.-no person other than the custodian oflost timber, or his agents, in ports where such custodian has been appointed, shall pick up, recover, or in any manner interfere with any timber or lumber found adrift in the waters of such port, which has been stamped as required by law or which has not been stamped. Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s History.-s. 8, ch. 3899, 1889; RS 2503; s. 4, ch. 5171, 1903; GS 3386; RGS 5234; CGL 7353; s. 684, ch Ports having no public custodian; lumber, etc., not to be stayed before reaching the sea.-in ports having no public custodian, no person other than the owner or his agents shall arrest, stay or take possession of any sawed lumber in rafts, hewed timber, round sawmill logs or spars adrift before the same shall have reached the mouths or outlets of the rivers and streams and have passed out into the open sea or bays where the said rivers or streams empty their waters. History.-s. 1, ch. 507, 1853; RS 2030; GS 2552; RGS 3907; CGL Lumber taken up in sea, etc., to be advertised.-whenever any person shall find any rafts of the timber or lumber mentioned ins in the said open sea or bays, he shall secure it in the place where found, or in the nearest place of safety, and shall proceed to advertise it at the door of the courthouse of the county wherein it was found, stating the kind and probable quantity of lumber, the place where found and where deposited. History.-s. 1, Feb. 10, 1834; RS 2031; GS 2553; RGS 3908; CGL Sale and disposition of proceeds.-if after the expiration of 60 days from the date of the advertisement no person shall claim and establish his right of property to said timber or lumber to the satisfaction ofthe county court judge (to prove which right the person claiming to be the owner of said timber or lumber shall not be required to produce testimony upon oath to the identity thereof, but such circumstantial proof as the nature of the case admits) then the finder may take it to the nearest market and deliver it to the county court judge, who shall forthwith sell the same to the best advantage, pay to the finder all necessary and reasonable expenses, reserve to himself 5 percent as compensation for his services, and place the balance in the hands of the clerk of the circuit court, whose receipt he shall take. But if before the expiration of the 60 days the owner shall appear and establish his right to said lumber such owner shall pay all expenses and reasonable charges for securing the same, to be determined, in case of difference between the parties, by an arbitrator appointed by each; but if after the expiration of another term of60 days no right shall have

21 Ch. 706 WRECKED COTTON; LUMBER ADRIFT; BOATS AND VESSELS ADRIFT Ch. 706 yet been established to said lumber, then the balance of said money remaining in the hands of the clerk shall be paid over, one-half to the finder and the other half to the county treasury, to be applied in common with other funds to county purposes. History.-s. 2, Feb. 10, 1834; RS 2032; GS 2554; RGS 3909; CGL 5816; s. 26, ch Selling rafted lumber adrift.-whoever finding any timber or lumber adrift, outside of ports for which a public custodian for lost timber and lumber is appointed, sells it without complying with the law relative to lumber adrift, or disposes of it, in the place or places where found, as his timber or lumber, or appropriates it to his own use, shall be guilty of larceny. History.-s. 3, Feb. 10, 1834; RS 2446; GS 3294; RGS 5128; CGL 7229; s. 685, ch Proceedings like those for estrays.-if any person shall take up any boat or other vessel adrift, he shall as in the case of estrays, make application to the county court judge of the county where such boat or vessel was taken up for his warrant to have the same valued and described by her kind, burden, and build, and shall proceed in all other respects and shall have the same benefits as directed in the case of estrays. Htstory.-s. 8, Nov. 21, 1828; RS 2033; GS 2555; RGS 3910; CGL 5817; s. 26. ch cf.-ch. 707 Estrays. 1871

22 Ch. 707 ESTRAYS Ch Definitions Maliciously taking up animals as estrays Failure to comply with regulations Who may take up estrays Proceedings for estrays broken to service Proceedings for other animals Judge to record certificate Clerk to record certificate and to advertise estray Sale and disposition of proceeds in case of horses, etc Sale and disposition of proceeds in case of cattle, etc Claim by owner of estray Taker-up not responsible for death of estray Estray may be put into service Compensation to taker-up Fees Clerks to render statement of proceeds of sales Penalty for malfeasance of judge or clerk Owners of strayed animals may enter pasture of another to seek for same Owner of strayed animals to notify owner of pasture of intention to enter Duty of owner ofpasture to facilitate entry Refusing entrance to pasture to seek strayed domestic animals Definitions.-Cattle of all kinds, hogs, sheep, and goats wandering about the neighborhood for 6 months, and studhorses, geldings, mares, fillies, colts, asses, and mules, for 3 months, shall be considered estrays. History.-s. 9, Nov. 21, 1828; RS 2034; GS 2556; RGS 3911; CGL Maliciously taking up animals as estrays.-ifany person shall vexatiously or maliciously take up any animal as an estray contrary to law, he shall be liable to an action for damages to the party injured. History.-s. 7, Nov. 21, 1828; RS 2035; GS 2557; RGS 3912; CGL Failure to comply with regulations. Any person taking up any estray and failing or neglecting to comply with the regulations of this chapter relative to such estray, and being thereof duly convicted before a court of competent jurisdiction, shall for every such offense (except when otherwise provided) forfeit and pay a sum equal to double the value of such estray, so neglected to be tolled and advertised as aforesaid, to be recovered by suit or action at law by any person who may prosecute for the same to the use of the district school fund. History.-s. 13, Nov. 12, 1833; RS 2036; GS 2558; RGS 3913; CGL 5820; s. 41, ch ; s. 1, ch Who may take up estrays.-any person may take up all estrays that may be found straying away from their owners. History.-RS 2037; GS 2559; RGS 3914; CGL CHAPTER 707 ESTRAYS Proceedings for estrays broken to service.-if the estray has been broken to service, the person taking it up shall within 5 days take or drive it before the county court judge of the county, who shall take down in writing a full description of the estray, including a particular description of its marks, natural and artificial brands, stature, age, and color, and shall immediately cause it to be appraised by two or more discreet persons of the vicinage, under his warrant, they being first sworn well and truly to ascertain the value of such estray which appraisement and description, together with the name ofthe taker-up and his place of residence, the judge shall within 5 days transmit to the clerk of the circuit court, having special care that the taker-up does solemnly swear that he has not altered, or caused to be altered, the marks or brands of such estray, and that to the best of his knowledge and belief such marks or brands have, or have not (as the case may be), in any case been altered, and that the owner is to him unknown. History.- s. 1, Feb. 12, 1833; s. 1, Feb. 11, 1837; RS 2038; GS 2560; RGS 3915; CGL 5822; s. 29, ch , 1955; s. 26, ch Proceedings for other animals.-in case any person shall take up any estrayed neat cattle, sheep, goats, or hogs, he shall cause the same to be viewed by a householder in the county, and the taker-up shall be compelled to advertise said estray at least 5 days at the county courthouse, as in the county prior to tolling, and shall immediately thereafter go with such householder before the county court judge and make oath before him that the same was taken by him and that the marks or brands of such estray have (or have not) to the best of his knowledge and belief been altered, and the said judge shall take from the taker-up and householder, upon oath, a particular and exact description of the marks and brands, color, and age of all and every such neat cattle, sheep, goats, or hogs, and such judge shall, in manner as above directed, issue his warrant for the appraisement of such estrays, which description and valuation shall by said judge within 5 days be transmitted to the clerk of the circuit court, by him to be disposed of as hereinafter directed. History.-s. 2, Feb. 12, 1833; RS 2039; GS 2561; RGS 3916; CGL 5823; s. 26, ch Judge to record certificate.-the county court judge shall enter a true copy of the certificate by him transmitted to the clerk of the circuit court in a book to be by him kept for that purpose. History.- s. 3, Feb. 12, 1833; RS 2040; GS 2562; RGS 3917; CGL 5824; s. 26, ch Clerk to record certificate and to advertise estray.-the clerk of the circuit court in each county shall receive and enter in a book by him to be provided and kept for that purpose all such certificates of description or appraisement as to him shall be transmitted from the respective county court judges, and he shall also advertise the estray, with description, and the name of the taker-up, as

23 Ch. 707 ESTRAYS Ch. 707 returned to him by the county court judges, at the courthouse door of the county and in a newspaper published in the county once a week for 4 weeks. History.-s. 4, Feb. 12, 1833; s. 2, Feb. 11, 1837; RS 2041; GS 2563; RGS 3918; CGL 5825; s. 26, ch Sale and disposition of proceeds in case of horses, etc.-the taker-up shall bring to the courthouse, or place of holding court in the county in which he resides, every such strayed horse, mare, colt, filly, ass, or mule, on the first sheriff's sale day that shall happen after the expiration of the said advertisement, and the clerk of the circuit court of the county, on said sheriffs sale day, upon giving 10 days' notice at such places as is usual for advertising the sheriffs sales of said county, shall cause the estray to be sold at public outcry to the highest bidder for cash, and pay over the proceeds of such sale to the clerk, after defraying the charges and fees directed for district school fund purposes. Every taker-up who shall neglect or refuse to comply with the requirements of this section shall be liable for double the amount of the appraisement to be recovered before a court of competent jurisdiction, which shall be applied to the use of the district school fund, after deducting the legal fees. History.-s. 5, Feb. 12, 1833; s. 2, Feb. 11, 1837; RS 2042; GS 2564; RGS 3919; CGL 5826; s. 1. ch Sale and disposition of proceeds in case of cattle, etc.-in case any person shall take up as aforesaid any neat cattle, sheep, goats, or hogs, and no person shall appear and make satisfactory proof that the said estray is his property, the county court judge before whom the estray has been tolled, having given 5 days' notice by advertisement in 2 of the most public places in the county, shall proceed to sell the said estray, at such place and by such person as he may consider most to the interest of the county upon one of his regular court days, between the usual hours for ready money, to the highest bidder; and the county court judges shall pay to the county treasury of their respective counties, within 20 days after receipt, all moneys in their hands that have arisen from the sale of estrays as aforesaid, deducting 5 percent for commission and such other charges as are allowed by law. History.-s. 6, Feb. 12, 1833; s. 3, Feb. 11, 1837; RS 2043; GS 2565; RGS 3920; CGL 5827; s. 26. ch Claim by owner of estray.-if any person shall, within 6 months from the time of such sale, prove to the satisfaction of the board of county commissioners of the county that the estray so sold was his own property, or that of his employer, as the case may be, the board of county commissioners shall, after deducting the fees and charges hereinafter allowed, direct the money arising from such sale to be paid to the claimant of said estray. If no person shall so make proof, the board of county commissioners shall cause the moneys arising from such sale, after deducting the said fees and charges, to be paid to the district school fund. History.-s. 7, Feb. 12, 1833; s. 2, Feb. 11, 1837; RS 2044; GS 2566; RGS 3921; CGL 5828; s. 1, ch Taker-up not responsible for death of estray.-if after notice published as aforesaid any estray shall happen to die, or by any casualty get out of the possession of the person who took up the same without his default, such taker-up shall not be answerable for the same or the valuation thereof History.-s. 10, Nov. 21, 1826; RS 2045; GS 2567; RGS 3922; CGL Estray may be put into service.-the taker-up of such estrays shall, as a compensation for maintaining and keeping the same, put them to immediate service, if capable of service, and if incapable, or if he should prefer it, receive from the owner, ifthe estray be claimed, or from the board of county commissioners, if it be sold, a reasonable satisfaction, to be adjudged by the clerk of the circuit court and a county court judge of the county according to the circumstances of the case. In case of putting such estray to labor, he shall be bound to produce the same to the owner, if claimed, or the clerk of the circuit court, if sold, casualties excepted, in as good condition as when appraised. History.-s. 9, Nov. 12, 1833; RS 2046; GS 2568; RGS 3923; CGL 5830; s. 26, ch Compensation to taker-up.-upon the delivery of any such estray to the legal owner, or in case of sale, upon the sale thereof, the taker-up shall receive from the owner or the clerk of the circuit court, as the case may be, the sum of $1 for each horse, mare, colt, filly, ass, mule, or ox, in addition to the sum by him paid to the county court judge, and the sum of 12 ~ cents for each head of neat cattle, sheep, goats, or hogs, in addition to the sum above mentioned for the keeping and maintaining of the same. History.-s. 10, Nov. 12, 1833; RS 2047; GS 2569; RGS 3924; CGL 5831; s. 26, ch Fees.-The county court judge, for his services, shall receive from the taker-up, at the time such estray shall be brought before him, or description or valuation presented to him as above, the sum of 25 cents for each horse, mare, colt, filly, ass, or mule, and the sum of6% cents for each head of neat cattle, sheep, goats, or hogs. The clerk of the circuit court shall receive, for the receiving, entering and publishing every certificate as above directed, the sum of6 cents, to be paid by the owner claiming the property, or deducted from the moneys arising from the sale of such property, and the further sum of 5 percent upon the balance of such money as a compensation for selling or collecting and paying. History.-ss. 8, 11, Nov. 12, 1833; RS 2048; GS 2570; RGS 3925; CGL 5832; s. 26, ch Clerks to render statement of proceeds of sales.-the clerk of the circuit court in each county shall render to the chairman of the board of county commissioners annually a true statement of all moneys arising from the sale of estrays as aforesaid, accompanied with the proper vouchers, and exhibit a correct statement as aforesaid to the grand jury at every fall term thereof, if required. History.-s. 12, Nov. 12, 1833; RS 2049; GS 2571; RGS 3926; CGL 5833.

24 Ch. 707 ESTRAYS Ch Penalty for malfeasance of judge or clerk.-if any county court judge or clerk of the circuit court shall refuse or neglect to perform the duties required by this chapter, chapter 705, or chapter 706, such judge or clerk so neglecting or refusing shall for every such neglect or refusal forfeit the sum of $10 to the use of the district school fund of the county where such offense shall be committed, to be recovered by action of debt in any court having jurisdiction of the same, and shall moreover be liable to an action of damages to the party injured. History.-s. 14, Nov. 12, 1833; RS 2050; GS 2572; RGS 3927; CGL 5834; s. 1, ch ; s. 26, ch Owners of strayed animals may enter pasture of another to seek for same.-it shall be lawful for the owner or owners of any cattle or other domestic animals or the agent or agents of said owners to enter the pasture of another for the sole purpose of seeking and recovering any cattle or other domestic animals that may have strayed or broken into or which may have been driven into, such indosur~, inadvertently or otherwise and to drive from such inclosure any cattle or other domestic animals belonging to such owners or under the control of such agent or agents so entering. History.-s. 1, ch. 5417, 1905; RGS 3928; CGL Owner of strayed animals to notify owner of pasture of intention to enter.-the owners of any cattle or other domestic animals or their agent or agents, desiring to enter any pasture of another for the purpose as set forth ins , shall notify the owner or owners or their agent or agents of the time and place they desire to enter such pasture for the purposes set forth in said section. Such notice may be given verbally or in writing. History.-s. 2, ch. 5417, 1905; RGS 3929; CGL Duty of owner of pasture to facilitate entry.-the owner or owners, their agent or agents shall facilitate the entering into any pasture owned by them or controlled by their agent or agents when request is made by any party or parties entitled to the benefits of s , the request to be made according to s History.-s. 3, ch. 5417, 1905; RGS 3930; CGL Refusing entrance to pasture to seek strayed domestic animals.-any person or owner of any pasture, who refuses to allow entrance or who hinders any owner or owners of cattle or other domestic animals, or their agent or agents, who have complied with s , either by their own acts or the acts oftheir agent or agents, shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s Provided, that this section shall not apply to any county having no-fence districts. History.-ss. 1, 4, ch. 5417, 1905; RGS 5238; CGL 7357; s. 686, ch

25 Ch. 708 MARRIED WOMEN'S PROPERTY Ch. 708 CHAPTER 708 MARRIED WOMEN'S PROPERTY Husband not liable for antenuptial debts of wife Married women's rights; separate property; release of dower Same; agreements with husband, power of attorney, etc Same; construction of law Husband not liable for antenuptial debts of wife.-the husband shall not be liable to pay the debts of the wife contracted before marriage, but the property of the wife shall be subject to such debts. History.-s. 5, March 6, 1845; RS 2073; GS 2591; RGS 3950; CGL * Married women's rights; separate property; release of dower.- (1) Every married woman is empowered to take charge of and manage and control her separate property, to contract and to be contracted with, to sue and be sued, to sell, convey, transfer, mortgage, use, and pledge her real and personal property and to make, execute, and deliver instruments of every character without the joinder or consent of her husband in all respects as fully as if she were unmarried. Every married woman has and may exercise all rights and powers with respect to her separate property, income, and earnings and may enter into, obligate herself to perform, and enforce contracts or undertakings to the same extent and in like manner as if she were unmarried and without the joinder or consent of her husband. Any claim or judgment against a married woman shall not be a claim or lien against her inchoate right of dower in her husband's separate property. All conveyances, contracts, transfers, or mortgages of real property or any interest in it, executed by a married woman without the joinder of her husband after the effective date of the 1968 Constitution of Florida, are as valid and effective as though the husband had joined. (2) Any married woman having a right of dower in real property may relinquish it by joining in a conveyance or mortgage of the property or by a separate instrument without the joinder of her husband, executed in the same manner as conveyances. History.-s. 1, ch , 1943; s. 2, ch. 7Q.4. *Note.-Ch , Laws of Florida, effective October 1, 1973, abolished the right of dower in property transferred prior to death. cf.-s et seq. Conveyances of real property. s Conveyance between husband and wife. * Same; agreements with husband, power of attorney, etc.-every married woman may enter into agreements and contracts with her husband, may become the partner of her husband or others, may give a power of attorney to her husband, and may execute powers conferred upon her by her husband, including the power to execute and acknowledge all instruments, including relinquishments of dower, conveying, transferring, or encumbering property, or any interest in it, owned by her, or by herself and her husband as tenants by the entirety, or by her husband. All powers of attorney heretofore executed by a wife to her husband and vice versa, and the execution of all documents executed thereunder, are hereby validated and confirmed. History.-s. 1, ch , and s. 2, ch , 1943; s. 3, ch *Note.-See Note following s Same; construction of law.-this law shall not be construed as: (1) Relieving a husband from any duty of supporting and maintaining his wife and children; (2) Abolishing estates by the entireties or any of the incidents thereof; *(3) Abolishing dower or any of the incidents thereof; (4) Changing the rights of either husband or wife to participate in the distribution of the estate of the other upon his death, as may now or hereafter be provided by law; (5) Dispensing with the joinder of husband and wife in conveying or mortgaging homestead property. History.-s. 3, ch , *Note.-See Note following s

26 Ch. 709 POWERS OF ATTORNEY AND SIMILAR INSTRUMENTS Ch CHAPTER 709 POWERS OF ATTORNEY AND SIMILAR INSTRUMENTS Power of attorney; authority of nominee when principal dead. Power of attorney; authority of agent when principal listed as missing. Power of appointment; method of release. Same; property held in trust. Same; effect of revocation. Same; prior powers validated. Same; powers included in law. Same; effect on title to property. Durable family power of attorney Power of attorney; authority of nominee when principal dead.-ifany agent, constituted by power of attorney or other authority, shall do any act for his principal which would be lawful if such principal were living, the same shall be valid and binding on the estate of said principal, although he or she may have died before such act was done; provided, the party treating with such agent dealt bona fide, not knowing at the time of the doing of such act that such principal was dead. An affidavit, executed by the attorney in fact or agent setting forth that he has not or had not, at the time of doing any act pursuant to the power of attorney, received actual knowledge or actual notice of the death ofthe principal, or notice of any facts indicating his death, shall in the absence of fraud be conclusive proof of the absence of knowledge or notice by the agent of the death of the principal at such time. If the exercise of the power requires the execution and delivery of any instrument which is recordable under the laws of this state, such affidavit shall likewise be recordable. No report or listing, either official or otherwise, of "missing" or "missing in action" regarding any person in connection with any activity pertaining to or connected with the prosecution of any hostilities in which the United States is then engaged, as such words "missing" or "missing in action" are used in military parlance, shall constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal, or notice of any facts indicating the death of such person, or shall operate to revoke the agency. History.- s. 1, ch , 1945; s. 1, ch Power of attorney; authority of agent when principal listed as missing.- (!) The acts of an agent under a power of attorney or other authority shall be as valid and as binding on the principal or his estate as if the principal were alive and competent if, in connection with any activity pertaining to hostilities in which the United States is then engaged, the principal is officially listed or reported by a branch of the United States Armed Forces in a missing status as defined in 37 U.S.C. s. 551 or 5 U.S.C. s. 5561, regardless of whether the principal is then dead, alive, or incompetent. (2) If the exercise of the power of attorney requires the execution and delivery of a recordable instrument, the power of attorney shall be executed with the same formalities as required of the instrument itself and recorded pursuant to the laws of Florida. (3) Upon request of the person dealing with the agent, the agent shall make an affidavit that he has not received notice, and has no knowledge, that the principal is incompetent. In the absence of fraud, the affidavit shall be conclusively presumed to establish the agent's lack of notice or knowledge of the principal's incompetence. (4) Homestead property held as tenants by the entireties shall not be conveyed by a power of attorney regulated by this section until 1 year following the first official report or listing of the principal as missing or missing in action. An affidavit of an officer of the armed forces having maintenance and control of the records pertaining to those missing or missing in action that the principal has been in that status for a given period shall be a conclusive presumption of that fact. (5) This section applies to powers of attorney heretofore and hereafter executed. History.-s. 1, ch Power of appointment; method of release.-powers of appointment over any property, real, personal, intangible or mixed, may be released, in whole or in part, by a written instrument signed by the donee or donees of such powers. Such written releases shall be signed in the presence of two witnesses but need not be sealed, acknowledged or recorded in order to be valid, nor shall it be necessary to the validity of such releases for husbands of married donees to join such donees in the execution of releases, in whole or part, of powers of appointment. History.-s. 1, ch , Same; property held in trust.-if property subject to a power of appointment is held in trust by a person, firm or corporation other than the donee or donees of the power, a written release, in whole or in part, of a power to appoint the same shall be delivered to such trustee or trustees before the written release becomes legally effective. In no other instance shall a delivery of a release, in whole or in part, of a power of appointment be necessary to the validity of such release. History.-s. 2, ch , Same; effect of revocation.-any power of appointment wholly released by a written instrument signed by the donee or donees of such power shall be, in legal effect, completely revoked, and shall not, after such release, be subject to being exercised in any manner whatsoever. Any power of appointment partially released by a written instrument signed by the donee or donees of such power shall be, in legal effect, as to such released part, completely revoked, and shall not after such release be subject to being exercised in any manner whatsoever as to such released part. History.-s. 3, ch , 1945.

27 Ch. 709 POWERS OF ATTORNEY AND SIMILAR INSTRUMENTS Ch Same; prior powers validated.-all releases, in whole or in part, of powers of appointment heretofore executed in a manner that conforms with the provisions of this law be and they are hereby validated and shall be given the same force and effect as if executed subsequently to the effective date of this law. History.- s. 4, ch , Same; powers included in law.-powers of appointment referred to in this law shall include not only those recognized as such by general law but also those designated as such under the Tax Law of the United States. History.- s. 5, ch , Same; effect on title to property.-no such release, in whole or in part, of a power of appointment shall affect the title to property of any bona fide purchaser for value who does not have notice or knowledge of such release. History.- s. 7, ch , Durable family power of attorney. (!) A principal may create a durable family power of attorney designating his spouse, parent, or child, whether natural or adopted, his attorney in fact by executing a power of attorney. Such power of attorney shall be in writing, shall state the relationship of the parties, and shall include the words, "This durable family power of attorney shall not be affected by disability of the principal except as provided by statute" or similar words clearly showing the intent of the principal that the power conferred on the attorney in fact shall be exercisable from the date specified in the instrument, notwithstanding a later disability or incapacity of the principal, unless otherwise provided by statute. All acts done by the attorney in fact pursuant to the power conferred during any period of disability or incompetence shall have the same effect and inure to the benefit of and bind the principal or his heirs, devisees, and personal representatives as if the principal were competent and not disabled. (2) The durable family power of attorney shall be nondelegable and shall be valid until such time as the donor shall die, revoke the power, or be adjudged incompetent. At any time, a petition to determine competency of the donor or a petition to appoint a guardian for the donor has been filed, the durable family power of attorney shall be temporarily suspended. Notice of the pending petition shall be given to all known donees of the power. The power shall remain suspended until the petition is dismissed, withdrawn, or the donor adjudged competent, at which time the power shall be automatically reinstated and any exercise of the power shall be valid. If the donor is adjudged incompetent, the power shall be automatically revoked. (3) Property subject to the durable family power of attorney shall include all real and personal property owned by the donor, the donor's interest in all property held in joint tenancy, the donor's interest in all nonhomestead property held in tenancy by the entirety, and all property over which the donor holds a power of appointment. Nothing in this section shall permit the donee of a durable family power of attorney, when the donor is married, to mortgage or convey homestead property without the joinder of the spouse or the spouse's legal guardian, but the joinder may be accomplished through the exercise of a power of attorney. ( 4) Whenever an emergency shall arise between the time a petition is filed and an adjudication is made regarding the competency of the donor, the donee of the durable family power of attorney may petition the court for permission to exercise the power. The petition shall specify the emergency, the property involved, and the proposed action of the donee. No exercise of the power by the donee during this time period shall be valid without the permission of the court. History.-s. 1, ch

28 Ch. 710 GIFrS TO MINORS Ch Short title Definitions Manner of making gifts Effect of gift Duties and powers of custodian Custodian's expenses, compensation, bond and liabilities Exemption of third persons from liability Resignation, death or removal of custodian; bond; designation of successor custodian Accounting by custodian Construction Short title.-this act may be cited as the "Florida Gifts to Minors Act." History.-s. 11, ch CHAPTER 710 GIITS TO MINORS Definitions.-In this act, unless the context otherwise requires: (1) An "adult" is a person who has attained the age of 18 years. (2) A "bank" is a bank, trust company, national banking association, savings or industrial bank. (3) A "broker" is a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes persons lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as a part of regular business. (4) A "savings and loan association" is a savings and loan association organized under the laws of this state or the United States, and located in this state. (5) "Court" means the Circuit Court. (6) The "custodial property" includes: (a) All securities, money, life insurance policies and annuity contracts under the supervision of the same custodian for the same minor as a consequence of a gift made to the minor in a manner prescribed by this act; (b) The income from custodial property; and (c) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, surrender or other disposition of such securities, money, life insurance policies and annuity contracts and income. (7) A "custodian" is a person so designated in a manner prescribed by this act. (8) A "guardian" of a minor includes the general guardian, guardian, tutor or curator of his property, estate or person. (9) An "issuer" is a person who places or authorizes the placing of his name on a security (other than as a transfer agent) to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person. (10) A "legal representative" of a person is his executor or administrator, general guardian, guardian, committee, conservator, tutor or curator of his property or estate (11) A "member" of a minor's family means any of the minor's parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or by or through legal adoption. (12) A "minor" is a person who has not attained the age of 18 years. (13) A "security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, (certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease), collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in "registered form" when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer. (14) A "transfer agent" is a person who acts as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities. (15) A "trust company" is a bank authorized to exercise trust powers in Florida. (16) "Life insurance policies and annuity contracts" mean only life insurance policies and annuity contracts on the life of a minor or a member ofthe minor's family as herein defined. (17) A "credit union" is a credit union organized under the laws of this state or the United States and located in the state. History.- s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch Manner of making gifts.- (1) An adult person may, during his lifetime, make a gift of a security or money, a life insurance policy or an annuity contract to a person who is a minor on the date of the gift: (a) If the subject of the gift is a security in registered form, by registering it in the name of the donor, an adult member of the minor's family, a guardian of the minor or a trust company, followed, in substance, by the words: "as custodian for... under the Florida Gifts to Minors Act"; (b) If the subject of the gift is a security not in registered form, by delivering it to an adult member, other than the donor, of the minor's family, a guardian of the minor or trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the person designated as custodian: "GIIT UNDER THE FLORIDA GIFTS TO MINORS ACT... (\<~m.~.. 9.f..\!9.RRIL. hereby delivers to....( R ~.r.n. ~. R.f. ~ l!~ fr.d.i ~~L... as custodian for.... under the Florida Gifts to

29 Ch. 710 GIFTS TO MINORS Ch. 710 Minors Act, the following security(ies): (insert an appropriate description of the securities or security de receipt of the custodian constitutes a sufficient resuccessor custodian for the minor under this act. The livered sufficient to identify it or them) lease and discharge for the money or security, life... ( ~\~m.~.\"r~..'!.f..<:!'!.f1grl... insurance policy, or annuity contract distributed to the custodian..(i1~m~..'!.f.s.\l~.\g!!i.~.i1 ). hereby acknowledges receipt of the (4) Any gift made in a manner prescribed in subsection (1) may be made to only one minor and only above described security(ies) as custodian for the above minor under the Florida Gifts to Minors Act. to one person as custodian. Dated:.... J~\~m. W.:r~..'!.f..SI!.\g!Ji.a.n.)." (5) A donor who makes a gift to a minor in a manner prescribed in subsection (1) shall promptly (c) If the subject of the gift is money, by paying do all things within his power to put the subject of or delivering it to a broker, savings and loan association, bank, or credit union for credit to an account in an, but neither the donor's failure to comply with the gift in the possession and control of the custodi the name of the donor, an adult member of the minor's family, a guardian of the minor or a bank with person as custodian, nor renunciation by the person this subsection, nor his designation of an ineligible trust powers, followed, in substance, by the words: designated as custodian affects the consummation of "as custodian for... under the Florida Gifts to Minors Act." History.-s. 2, ch ; s. 2, ch ; s. 2, ch ; s. 1, ch ; s. the gift. 2, ch (d) If the subject of the gift is a life insurance policy or an annuity contract, the ownership of the Effect of gift.- policy or contract shall be registered by the donor of (1) A gift made in a manner prescribed in this act such policy or contract in his own name, in the name is irrevocable and conveys to the minor indefeasible of an adult member ofthe minor's family, a guardian vested legal title to the custodial property given, but of the minor or a bank or trust company, followed by no guardian of the minor has any right, power, duty the words "as custodian for.j ~ i'm ~. ~rm.ir1~ r l.... under or authority with respect to the custodial property the Florida Gifts to Minors Act," and such policy or except as provided in this act. contract shall be delivered to the person in whose (2) By making a gift in a manner prescribed in name it is thus registered as custodian. If the policy this act, the donor incorporates in his gift all the or contract is registered in the name of the donor, as provisions of this act and grants to the custodian, custodian, such registration shall of itself constitute and to any issuer, transfer agent, bank, broker, savings and loan association, credit union, or third per the delivery required by this subsection. (2) An adult person may, in his will or in a trust son dealing with a person designated as custodian, agreement, provide for a gift of a security or money, the respective powers, rights and immunities provided in this act. a life insurance policy, or an annuity contract under this act to a person who is a minor on the date of the History.-s. 3, ch ; s. 3, ch ; s. 3, ch ; s. 3, ch gift. In such event, the legal representative or trus- tee, as the case may be, shall make distribution by Duties and powers of custodian.- transferring the subject of the gift to the custodian (1) The custodian shall collect, hold, manage, inin the form and manner provided in subsection (1). vest and reinvest the custodial property. If the testator or settlor fails to designate a custodian (2) The custodian shall pay over to the minor for or if the designated custodian is not eligible, dies, or expenditure by him, or expend for the minor's benebecomes legally incapacitated before the minor at- fit, so much of or all the custodial property as the tains the age of majority, the guardian ofthe minor custodian deems advisable for the support, mainteshall be custodian if the minor has a guardian who nance, education and benefit of the minor in the is otherwise eligible or, if the minor has no guardian, manner, at the time or times, and to the extent that the legal representative or trustee, as the case may the custodian in his discretion deems suitable and be, shall designate the custodian from among those proper, with or without court order, with or without persons eligible to become successor custodian for regard to the duty of himself or of any other person the minor under this act. The receipt of the custodi- to support the minor or his ability to do so, and with an constitutes a sufficient release and discharge for or without regard to any other income or property of the money or security, life insurance policy, or an- the minor which may be applicable or available for nuity contract distributed to the custodian. any such purpose. (3) A trustee of a trust heretofore or hereafter (3) The court, on the petition of a parent or created of which a minor is a beneficiary may pay or guardian of the minor or of the minor, if he has transfer to a custodian for the minor, in the form and attained the age of14 years, may order the custodian manner prescribed in paragraphs (a), (b), (c) or (d) of to pay over to the minor for expenditure by him or subsection (1), any money or security, life insurance to expend so much of or all the custodial property as policy, or annuity contract then distributable to the is necessary for the minor's support, maintenance or minor, if the trustee deems it to be for the best inter- education. ests of the minor and the testator or settlor has not (4) To the extent that the custodial property is expressly directed otherwise in the trust instru- not so expended, the custodian shall deliver or pay ment. The trustee shall designate the guardian of it over to the minor on his attaining the age of 18 the minor as custodian if the minor has a guardian years, or, if the minor dies before attaining the age who is otherwise eligible. If the minor does not have of 18 years, he shall thereupon deliver or pay it over such a guardian, the trustee shall designate the cus- to the estate of the minor. However, as to gifts made todian from among those persons eligible to become prior to July 1, 1973, pursuant to this chapter, for a 1879

30 Ch. 710 GIFTS TO MINORS Ch. 710 minor who had not attained 21 years of age prior to July 1, 1973, such custodial property and accumulations thereon shall not be paid over or delivered by the custodian until the recipient attains 21 years of age, or '[shall be paid over to the recipient's] estate if he dies prior to attaining 21 years of age. (5) The custodian, notwithstanding statutes restricting investments by fiduciaries, shall invest and reinvest the custodial property as would a prudent man of discretion and intelligence who is seeking a reasonable income and the preservation of his capital, except that he may, in his discretion and without liability to the minor or his estate, retain a security given to the minor in a manner prescribed in this act. (6) The custodian may sell, exchange, convert or otherwise dispose of custodial property in the manner, at the time or times, for the price or prices and upon the terms he deems advisable. He may vote in person or by general or limited proxy a security which is custodial property. He may consent,'directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of an issuer, a security which is custodial property, and to the sale, lease, pledge or mortgage of any property by or to such an issuer, and to any other action by such an issuer. He may execute and deliver any and all instruments in writing which he deems advisable to carry out any of his powers as custodian. (7) The custodian shall register each security which is custodial property and in registered form in the name of the custodian, followed, in substance, by the words: "as custodian for... under the Florida Gifts to Minors Act." The custodian shall hold all money which is custodial property in an account with a broker, savings and loan association, or bank or in a credit union in the name of the custodian, followed, in substance, by the words: "as custodian for... under the Florida Gifts to Minors Act." The custodian shall keep all other custodial property separate and distinct from his own property in a manner to identify it clearly as custodial property. (8) The custodian shall keep records of all transactions with respect to the custodial property and keep them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if he has attained the age of 14 years. (9) A custodian has and holds as powers in trust, with respect to the custodial property, in addition to the rights and powers provided in this act, all the rights and powers which a guardian has with respect to property not held as custodial property. (10) If the subject of the gift is a life insurance policy or annuity contract, the custodian shall have all the incidents of ownership in such policy or contract which he may hold as custodian, to the same extent as if he were the owner thereof, except that the designated beneficiary of any such policy or contract on the life of the minor shall be the minor's estate and the designated beneficiary of any such policy or contract on the life of a person other than 1880 the minor shall be the custodian as custodian for the minor for whom he is acting. History.-s. 4, ch ; s. 4, ch ; s. 4, ch ; s. 2, ch ; s. 4, ch Note.-Bracketed language substituted for words "to his" by the editors Custodian's expenses, compensation, bond and liabilities.- (!) A custodian is entitled to reimbursement from the custodial property for his reasonable expenses incurred in the performance of his duties. (2) A custodian may act without compensation for his services. (3) Unless he is a donor, a custodian may receive from the custodial property reasonable compensation for his services as directed by the donor when the gift is made. (4) Except as otherwise provided in this act, a custodian shall not be required to give a bond for the performance of his duties. (5) A custodian is not liable for losses to the custodial property unless they result from his bad faith, intentional wrongdoing or gross negligence or from his failure to maintain the standard of prudence in investing the custodial property provided in this act. History.-s. 5, ch Exemption of third persons from liability.-no issuer, transfer agent, bank, life insurance company, broker, savings and loan association, credit union, or other person acting on the instructions of or otherwise dealing with any person purporting to act as a donor or in the capacity of a custodian is responsible for determining whether the person designated by the purported donor or purporting to act as custodian has been duly designated or whether any purchase, sale or transfer to or by or any other act of any person purporting to act in the capacity of custodian, is in accordance with or authorized by this act, or is obliged to inquire into the validity or propriety under this act of any instrument or instructions executed or given by a person purporting to act as a donor or in the capacity of a custodian, or is bound to see to the application by any person purporting to act in the capacity of a custodian of any money or other property paid or delivered to him. History.-s. 6, ch ; s. 5, ch ; s. 5, ch ; s. 5, ch Resignation, death or removal of custodian; bond; designation of successor custodi an.- (1) Only an adult member of the minor's family, a guardian of the minor, or a trust company is eligible to become successor custodian. A custodian may designate his successor by executing and dating an instrument of designation before a subscribing witness other than the successor. The instrument of designation may but need not contain the resignation of the custodian. If the custodian does not so designate his successor before he dies or becomes legally incapacitated and the minor has no guardian and has attained the age of 14 years, the minor may designate a successor custodian by executing an instrument of designation before a subscribing witness other than the successor. A successor custodian has all the rights, powers, duties, and immunities of a

31 Ch. 710 GIFTS TO MINORS Ch. 710 custodian designated in a manner prescribed by this subsection. (2) The designation of a successor custodian takes effect as to each item of the custodial property when the custodian resigns, dies or becomes legally incapacitated and the custodian or his legal representative: (a) Causes the item, if it is a security and in registered form or a life insurance policy or annuity contract, to be registered with the issuing insurance company, in the case of a life insurance policy or annuity contract, in the name of the successor custodian followed, in substance, by the words: "As custodian for...(!'~m~.rf.m.i!'~r l... under the Florida Uniform Gifts to Minors Act"; or (b) Delivers or causes to be delivered to the successor custodian any other item of the custodial property, together with the instrument of designation of the successor custodian or a true copy thereof and any additional instruments required for the transfer thereof to the successor custodian. (3) A custodian who executes an instrument of designation of his successor containing the custodian's resignation shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in the instrument. The legal representative of a custodian who dies or becomes legally incapacitated shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in an instrument of designation executed by the custodian or, if none, by the minor, if he has no guardian and has attained the age of 14 years, or in the possession and control of the guardian of the minor if he has a guardian. If the custodian has executed more than one instrument of designation, his legal representative shall treat the instrument dated an earlier date as having been revoked by the instrument dated on a later date. *(4) If all persons designated as custodian or successor custodian by the donor, custodian, or any successor custodian are not eligible, die, or become legally incapacitated before the minor attains the age of21 years, and ifthe minor has a guardian, the guardian of the minor shall be successor custodian. If the minor has no guardian and if no successor custodian who is eligible and has not died or become legally incapacitated has been or is designated, a donor, his legal representative, the legal representative of the custodian, or an adult member of the minor's family may petition the court for the designation of a successor custodian. (5) A donor, the legal representative of a donor, a successor custodian, an adult member of the minor's family, a guardian of the minor, or the minor, if he has attained the age of 14 years, may petition the circuit court that, for cause shown in the petition, the custodian be removed and a successor custodian be designated or, in the alternative, that the custodian be required to give bond for the performance of his duties. (6) Upon the filing of a petition as provided in this section, the circuit court shall grant an order, directed to such persons and returnable on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, grant such relief as the circuit court finds to be in the best interests of the minor. History.-s. 7, ch ; s. 1, ch ; s. 1, ch *Note.-Ch , Laws of Florida, removed the disability of nonage for persons 18 years of age and older Accounting by custodian.- (1) The minor, if he has attained the age of 14 years, or the legal representative of the minor, an adult member of the minor's family, or a donor or his legal representative may petition the court for an accounting by the custodian or his legal representative. (2) The court, in a proceeding under this act or otherwise, may require or permit the custodian or his legal representative to account and, if the custodian is removed, shall so require and order delivery of all custodial property to the successor custodian and the execution of all instruments required for the transfer thereof. History.-s. 8, ch Construction.-This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. This act shall not be construed as providing an exclusive method for making gifts to minors. History.-s. 9, ch

32 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 CHAPTER 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS PART I CONDOMINIUMS (ss ) PART II COOPERATIVE APARTMENTS (ss ) PART III PROVISIONS RELATING TO CONDOMINIUMS AND COOPERATIVE APARTMENTS (ss ) PART I CONDOMINIUMS Short title. Purpose; cumulative. Definitions. Condominium parcels; appurtenances; possession and enjoyment. Restraint upon separation and partition of common elements. Common elements. Legal description of condominium parcels. Creation of condominiums; contents of declaration. Recording of declaration. Amendment of declaration. Bylaws. The association. Associations to acquire and enter into agreements. Maintenance; limitation upon improvement. Common expenses and common surplus. Assessments; liability; lien and priority; interest; collection. Termination. Equitable relief. Limitation of liability. Separate taxation of condominium parcels; survival of declaration after tax sale. Liens. Zoning and building. Authority to regulate. Escalation clauses in leases for recreational facilities or management contracts for condominiums prohibited Short title.-this law shall be known and may be cited as the "Condominium Act." ' History.-s. 1, ch Purpose; cumulative.-the purpose of this law is to give statutory recognition to the condominium form of ownership of real property. It shall not be construed as repealing or amending any law now in effect except those in conflict herewith, and any such conflicting laws shall be affected only insofar as they apply to condominiums. History.-s. 2, ch Definitions.-As used in this part: (1) "Assessment" means a share of the funds required for the payment- of common expenses which from time to time is assessed against the unit owner. (2) "Association" means the entity responsible for the operation of a condominium. (3) "Board of administration" means the board of directors or other representative body responsible for administration of the association. (4) "Bylaws" means the bylaws for the government of the condominium as they exist from time to time. (5) "Common elements" means the portions of the condominium property not included in the units. (6) "Common expenses" means the expenses for which the unit owners are liable to the association. (7) "Common surplus" means the excess of all receipts of the association, including but not limited to assessments, rents, profits and revenues on account of the common elements, over the amount of common expenses. (8) "Condominium" means that form of ownership of condominium property under which units are subject to ownership by one or more owners, and there is appurtenant to each unit as part thereof an undivided share in the common elements. (9) "Condominium parcel" means a unit together with the undivided share in the common elements which is appurtenant to the unit. (10) "Condominium property" means and includes the lands and leaseholds that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium. (11) "Declaration," or "declaration of condominium," means the instrument or instruments by which a condominium is created, and such instrument or instruments as they are from time to time amended. (12) "Developer" means a person who creates a condominium or who offers condominium parcels owned by him for sale or lease in the ordinary course of business, except that the term "developer" shall not include the owners or lessees of units in condominiums who offer the units for sale or lease or their leasehold interests for assignment when they have acquired or leased the units for their own occupancy. This definition shall be construed liberally to accord substantial justice to a unit owner or lessee. (13) "Limited common elements" means and includes those common elements which are reserved for the use of a certain unit or units to the exclusion of other units.

33 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 (14) "Operation," or "operation of the condominium," means and includes the administration and management of the condominium property. (15) "Unit" means a part of the condominium property which is to be subject to private ownership. A unit may be in improvements, land, or land and improvements together, as specified in the declaration. (16) "Unit owner" or "owner of a unit" means the owner of a condominium parcel. (17) "Residential condominium" means a condominium comprising condominium units, any of which are intended for use as a private residence, domicile, or homestead, except that a condominium shall not be deemed a residential condominium ifthe use for which the units are intended is primarily commercial or industrial and not more than three units are intended to be used for private residence, domicile, or homestead and are intended to be used as housing for maintenance, managerial, janitorial, or other operational staff of the condominium. In the event that a condominium shall be a residential condominium under the definition herein contained, but otherwise have units whose use is intended to be commercial or industrial, then in such case the condominium shall be deemed a residential condominium with respect to those units which are intended for use as a private residence, domicile, or homestead, but shall not be deemed a residential condominium with respect to those units which are intended for use commercially or industrially. History.-s. 3, ch ; s. 1, ch ; s. 1, ch Condominium parcels; appurtenances; possession and enjoyment.- (!) A condominium parcel is a separate parcel of real property, even though a leasehold, the ownership of which may be in fee simple, or any other estate in real property recognized by law. (2) There shall pass with a unit as appurtenances thereto: (a) An undivided share in the common elements. (b) The exclusive right to use such portion of the common elements as may be provided by the declaration. (c) An exclusive easement for the use of the airspace occupied by the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time, which easement shall be terminated automatically in any airspace which is vacated from time to time. (d) An undivided share in the common surplus. (e) Such other appurtenances as may be provided in the declaration. (3) The owner of a unit is entitled to the exclusive possession of his unit. He shall be entitled to use the common elements in accordance with the purposes for which they are intended, but no such use shall hinder or encroach upon the lawful rights of owners of other units. History.-s. 4, ch ; s. 2, ch Restraint upon separation and partition of common elements.- (1) The undivided share in the common elements which is appurtenant to a unit shall not be separated therefrom and shall pass with the title to the unit whether or not separately described. (2) A share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit. (3) The shares in the common elements appurtenant to units shall remain undivided, and no action for partition of the common elements shall lie. History.-s. 5, ch Common elements.- (1) Common elements includes within its meaning the following items: (a) The land or leasehold on which the improvements are located and any other land or leasehold included in the condominium property whether or not contiguous. (b) All parts of the improvements which are not included within the units. (c) Easements through units for conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services to units and the common elements. (d) An easement of support in every portion of a unit which contributes to the support of a building. (e) Installations for the furnishing of utility services to more than one unit or to the common elements or to a unit other than the unit containing the installation (f) The property and installations in connection therewith required for the furnishing of services to more than one unit or to the common elements. (2) The declaration may designate other parts of the condominium property as common elements. (3) The common elements designated by the declaration may be enlarged by an amendment of the declaration that includes the description of land owned by the association and submits the land to the terms of the declaration. The amendment shall be approved and executed in the manner required by the declaration and shall be executed by the association. Such an amendment shall divest the association of title to the land and shall vest the title in the unit owners, without naming them and without further conveyance, in the same undivided shares as the undivided shares in the common elements that are appurtenant to the units owned by them. History.-s. 6, ch ; s. 3, ch Legal description of condominium parcels.-following the recording of the declaration, a description of a condominium parcel by the number or other designation by which the unit is identified in the declaration together with the recording data identifying the declaration shall be a sufficient legal description for all purposes. Such a description shall include all appurtenances to the unit concerned whether or not separately described, including but not limited to the undivided share in the common elements appurtenant thereto. History.-s. 7, ch Creation of condominiums; contents of declaration.- (!) A condominium may be created on lands owned in fee simple or held under a lease containing the provisions required by s , having a term initially in excess of 98 years, and having an unex-

34 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 pired term of 50 years or more by recording in the public records of the county wherein the land to be included is located a declaration executed with the formalities of a deed by all persons having title of record to the interest in such land being submitted to condominium ownership and all persons having any interest under mortgages of record that encumber any portion of the common elements that are not satisfied prior to the closing of any sales of units, except that in lieu of joining in the execution of the declaration the owner of interests being submitted and the mortgagee thereof may execute appropriate consents or subordination agreements with the formalities required for deeds. The declaration shall contain or provide for the following matters: (a) A statement submitting the condominium property to condominium ownership. (b) The name by which the condominium is to be identified, which name shall include the word "condominium" or be followed by the words "a condominium." (c) The legal description of the land or leasehold included. (d) An identification of each unit by letter, name, or number, or combination thereof, so that no unit bears the same designation as any other unit. (e) A survey of the land and a graphic description of the improvements in which units are located and a plot plan thereof which, together with the declaration, are in sufficient detail to identify the common elements and each unit and provide accurate representations of their locations and dimensions. Such survey, plot plan, and description may be in the form of exhibits consisting of building plans, floor plans, maps, sketches, surveys, or other means, provided that there shall be included or attached a certificate or certificates of a surveyor authorized to practice in this state that the construction of the improvements described is sufficiently complete so that such material, together with the wording of the declaration relating to matters of survey, is a correct representation of the improvements described, and, further, that with such material there can be determined therefrom the identification, location, and dimensions of the common elements and of each unit. (f) The creation of easements for ingress and egress, which may be exclusive or nonexclusive, over such streets, walks, and other rights-of-way serving the units of a condominium as part of the common elements as shall be necessary to provide reasonable access to the public ways, or a dedication of such streets, walks, and other rights-of-way to the public. In the event that said easements for ingress and egress shall be encumbered by leasehold or lien other than those on the condominium parcels, such leaseholds or liens shall be required to be subordinate or made subordinate to the use-rights of any condominium unit owner or owners whose condominium parcel is not also encumbered by said lien or leasehold. In the alternative, an appropriate nondisturbance agreement may be executed and recorded providing at least in part that the use-rights shall not be terminated with respect to any unit owner or owners who, in the case of the leasehold, have not been evicted for reason of their default under the lease and, in the case of a mortgage, whose units 1884 have not been foreclosed for default. (g) The undivided shares, stated as percentages or fractions, in the common elements which are appurtenant to each of the units. (h) The proportions or percentages and manner of sharing common expenses and owning common surplus. (i) The voting rights of owners of units. (j) The method of amendment ofthe declaration. If a declaration fails to provide a method of amendment, the declaration may be amended if the amendment is approved by the owners of not less than two-thirds of the units. (k) The bylaws; but defects or omissions in the bylaws shall not affect the validity of the condominium or the title of condominium parcels. (l) The name of the association and whether or not it is incorporated. If the association is not incorporated, the name and residence address of the person designated as agent to receive service of process upon the association. Such agent must be a resident of the state. (m) Such other provisions not inconsistent with this law as may be desired, including but not limited to those relating to amendment of the declaration, values ofthe condominium property and of each unit or condominium parcel, statement of purpose for which condominium property and units are intended, designation oflimited common elements, responsibility for maintenance and repair of units, insuring of the condominium property against loss and the owners and association against liability, reconstruction or repair after casualty and votes required in connection therewith, use restrictions, limitation upon conveyance, sale, leasing, purchase, ownership and occupancy of units, termination of the condominium. (2) The declaration provided by subsection (1) may include such covenants and restrictions concerning the use, occupancy, and transfer of the units as are permitted by law with reference to real property; however, the rule of property known as the rule against perpetuities shall not be applied to defeat a right given any person or entity by the declaration for the purpose of allowing unit owners to retain reasonable control over the use, occupancy, and transfer of units. If the transfer or lease of units is subject to approval of any body, no fee shall be charged in connection with a transfer or approval in excess of the expenditures reasonably required for the transfer, and this expense shall not exceed $50. No charge shall be made in connection with an extension or renewal of a lease. (3) A person who joins in the execution of a declaration subjects his interest in the condominium property to the provisions of the declaration and the provisions of this chapter. (4) All valid provisions of the declaration shall be enforceable equitable servitudes and shall run with the land and shall be effective until the declaration is revoked. History.-s. 8, ch ; s. 2. ch ; s. 1, ch ; s. 4, ch ; s.

35 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch , ch Recording of declaration.- (!) When duly executed with the formalities required for the execution of a deed, a declaration together with all exhibits thereto and all amendments thereof shall be entitled to record according to law as an agreement relating to the conveyance ofland and when recorded in the public records of the county where the land described in the declaration is located shall constitute constructive notice to creditors, subsequent purchasers and all other persons. (2) Graphic descriptions of improvements constituting exhibits to a declaration, when accompanied by the certificate of an architect, engineer or surveyor elsewhere required, shall be recorded as a part of a declaration without approval of any public body or officer. (3) The clerk of the circuit court recording the declaration may for his convenience file or record the exhibits of a declaration in a separate book and shall indicate the place of filing or recording upon the margin of the record of the declaration. History.-s. 9, ch ; s. 3, ch Amendment of declaration.- (!) An amendment of a declaration shall become effective when recorded according to law. (2) An amendment shall be evidenced by a certificate executed with formalities of a deed and shall include the recording data identifying the declaration. (3) Unless otherwise provided in the declaration as originally recorded, no amendment shall change the configuration or size of any condominium unit in any material fashion, materially alter or modify the appurtenances to such unit, or change the proportion or percentage by which the owner of the parcel shares the common expenses and owns the common surplus unless the record owner thereof and all record owners of liens thereon shall join in the execution of the amendment. If it shall appear through scrivener's error that a unit has not been designated an appropriate undivided share of the common elements or that all of the common expenses or interest in the common surplus or all of the common elements in the condominium have not been distributed in the declaration, such that the sum total of the shares of common elements which have been distributed or the sum total of the shares of the common expenses or ownership of common surplus fail to equalloo percent (or if it shall appear that through such error more than 100 percent of common '[elements or common expenses or ownership of the common] surplus shall have been distributed), such error may be corrected by the filing of an amendment to the declaration, executed by the association and the owners of the units and the owners of liens thereon, for which modifications in the shares of common elements or shares of common expense or the common surplus are being made. No other unit owner shall be required to join in or execute such an amendment. (4) Notwithstanding any other provision of this act or the declaration, the designation of the agent for the service of process named in the declaration may be changed from time to time by an instrument executed by the association with the formalities required for the execution of a deed and recorded among the public records of the county in which the condominium property is located. History.-s. 10, ch ; s. 5, ch ; s. 2, ch 'Note.- Bracketed language appears to have been inadvertently omitted by a typographical error in the preparation of a Senate amendment to H.B. 1087, enacted as ch See p. 457 of the Senate Journal, Bylaws.- (1) The administration of the association and the operation of the condominium property shall be governed by bylaws, which shall be set forth in or annexed to the declaration. No modification of or amendment to the bylaws shall be valid unless set forth in or annexed to a duly recorded amendment to the declaration. (2) The bylaws shall provide for the following matters, and if they do not do so, the bylaws shall be deemed to include the following matters: (a) The form of administration ofthe association shall be described, indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. In the absence of such a provision, the board of administration shall be composed of five members, except in the case of condominiums having five or fewer units, in which case one owner of each unit shall be a member of the board of administration. In the absence of provisions to the contrary contained in the bylaws, the board of administration shall have a president, a secretary, and a treasurer, who shall perform the duties of such offices customarily performed by like officers of corporations in the state, and such officers shall serve without compensation and at the pleasure of the board of administration. The board of administration, in the absence of a provision in the bylaws to the contrary, may appoint and designate other officers and grant them such duties as it deems appropriate. (b) The percentage of unit owners or voting rights required to make decisions and to constitute a quorum shall be stated. In the absence of such provisions, the owners of a majority of the units shall constitute a quorum, and decisions shall be made by owners of a majority of the units represented at a meeting at which a quorum is present. In addition, provision shall be made for definition and use of proxy; however, no one person shall be designated to hold more than five proxies for any purpose, unless the condominium has been registered with the Securities and Exchange Commission (c) Meetings ofthe board of administration shall be open to all unit owners, and notices of meetings shall be posted conspicuously 48 hours in advance for the attention of unit owners, except in an emergency. (d) Unit owners shall meet at least once in each calendar year, and such meeting shall be the annual meeting. Unless the bylaws shall provide for their election at another meeting, the annual meeting shall be the time of the election of members of the board of administration whose terms have expired. In the absence of a provision in the bylaws setting forth the terms of some or all of the members of the board of administration which shall expire, the terms of all members of the board of administration

36 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch ~~~~ shall expire on the date of the annual meeting, upon the election of their successors. The bylaws shall provide the method of calling and summoning the unit owners to assemble at meetings, including annual meetings, which method shall require at least 14 days' written notice to each unit owner in advance of the annual meeting and the posting at a conspicuous place on the condominium property of a notice of the meeting at least 14 days prior to said meeting. In the absence of a provision to the contrary, the notice of the annual meeting shall be sent by certified mail to each unit owner, which mailing shall be deemed notice. The foregoing requirements as to meetings are not to be construed, however, to prevent unit owners from waiving notice of meetings or from acting by written agreement without meetings, if so provided in the bylaws, the declaration of condominium, or this law. (e) The minutes of all meetings of unit owners and of the board of administration shall be kept in a businesslike manner and available for inspection by unit owners and board members at all reasonable times. (f) Copies of a proposed annual budget of common expenses shall be mailed to the unit owners not less than 30 days prior to the meeting at which the budget will be considered, together with a notice of that meeting. If the bylaws or declaration provides that the budget may be adopted by the board of administration, then the unit owners shall be given written notice of the time and place at which such meeting of the board of administration to consider the budget shall be held, and such meeting shall be open to the unit owners. If a budget is adopted by the board of administration which requires assessment against the unit owners in any fiscal or calendar year exceeding 115 percent of such assessments for the preceding year, upon written application of 10 percent of the unit owners, a special meeting of the unit owners shall be held upon not less than 10 days' written notice to each unit owner, but within 30 days of the delivery of such application to the board of administration or any member thereof, at which special meeting unit owners may consider and enact a revision of the budget or recall any and all members ofthe board of administration and elect their successors. In either case, unless the bylaws shall require a larger vote, the revision of the budget or the recall of any and all members of the board of administration shall require a vote of not less than a majority ofthe whole number of votes of all unit owners. The board of administration may, in any event, propose a budget to the unit owners at a meeting of members or by writing, and if such budget or proposed budget be approved by the unit owners at the meeting or by a majority of their whole number by a writing, such budget shall not thereafter be reexamined by the unit owners in the manner hereinabove set forth nor shall the board of administration be recalled under the terms of this section. In determining whether assessments exceed 115 percent of similar assessments in prior years, there shall be excluded from the computation any provision for reasonable reserves made by the board of administration in respect of repair or replacement of the condominium property or in respect of anticipated expenses by the 1886 condominium association which are not anticipated to be incurred on a regular or annual basis; and there shall be excluded from such computation assessment for betterments to the condominium property, if the bylaws so provide or allow the establishment of reserves or assessments for betterments to be imposed by the board of administration. However, so long as the developer is in control of the board of administration, the board shall not impose an assessment for any year greater than 115 percent of the prior fiscal or calendar year's assessment without approval of a majority of the unit owners. (g) The manner of collecting from the unit owners their shares of the common expenses shall be stated. Assessments shall be made against unit owners not less frequently than quarterly in amounts no less than are required to provide funds in advance for payment of all of the anticipated current operating expenses and for all of the unpaid operating expenses previously incurred. (h) The method by which the bylaws may be amended consistent with the provisions of this law shall be stated. If the bylaws fail to provide a method of amendment, the bylaws may be amended if the amendment is approved by owners of not less than two-thirds of the units. (3) The bylaws may provide for the following: (a) Method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common elements. (b) Such restrictions on and requirements respecting the use, maintenance, and appearance of the units and the use of the common elements, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of the units and common elements. (c) Such other provisions not inconsistent with this law or with the declaration as may be desired. History.-s. 11, ch ; s. 6, ch ; s. 3, ch The association.- (!) The operation of the condominium shall be by the association, the name of which shall be stated in the declaration. The declaration may require the association to be organized as a particular entity, such as, but not limited, to a corporation for profit or corporation not for profit, in which the owners of units shall be stockholders or members. The officers and directors of the association shall have a fiduciary relationship to the unit owners. An association may operate more than one condominium. (2) The association, whether or not incorporated, shall be an entity which shall act through its officers and shall have the capability of contracting, bringing suit, and being sued with respect to the exercise or nonexercise of its powers. For these purposes, the powers of the association shall include, but not be limited to, the maintenance, management, and operation of the condominium property. When the board of administration is not controlled by the developer, the association shall have authority and the power to maintain a class action and to settle a cause of action on behalf of unit owners of a condominium with reference to matters of common interest, including, but not limited to, the common elements, the roof and structural components of a building or other improvement, and mechanical, electrical, and

37 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 plumbing elements serving an improvement or a building, as distinguished from mechanical elements serving only a unit. In any case in which the association has the authority and the power to maintain a class action, the association may be joined in an action as representatives of that same class with reference to litigation and disputes involving the matters for which the association could bring a class action. If not incorporated, the association shall be deemed to be an entity existing pursuant to this act and shall have power to execute contracts, deeds, mortgages, leases, and other instruments by its officers and to own, convey, and encumber real and personal property. Service of process upon the association, if not incorporated, may be had by serving any officer of the association or by serving the agent designated for the service of process. Service of process upon the association shall not constitute service of process upon any unit owner. Nothing herein shall limit any statutory or common law right of any individual unit owner or class of unit owners to bring any action which may otherwise be available in any court. (3) No unit owner, except as an officer of the association, shall have any authority to act for the association. (4) The powers and duties ofthe association shall include those set forth in this law. The powers and duties of the association shall include also those set forth in the declaration and bylaws, not inconsistent with this section. (5) The association shall have the irrevocable right to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any common elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common elements or to another unit or units. (6) The association shall have the power to make and collect assessments, and to lease, maintain, repair, and replace the common elements. (7) The association shall maintain accounting records according to good accounting practices, which shall be open to inspection by unit owners or their authorized representatives at reasonable times and written summaries of which shall be supplied at least annually to unit owners or their authorized representatives. Failure to permit inspection of the association's accounting records by unit owners or their authorized representatives shall entitle any person prevailing in an action for enforcement to recover reasonable attorneys' fees from the person or persons in control of the books and records who, directly or indirectly, deny access to the books and records for inspection. Such records shall include, but are not limited to: (a) A record of all receipts and expenditures. (b) An account for each unit which shall designate the name and address of the unit owner, the amount of each assessment, the dates and amounts in which the assessments come due, the amounts paid upon the account, and the balance due. (8) The association, whether or not incorporated, shall have the power unless prohibited by the declaration of condominium, articles of incorporation, or bylaws of the association, to purchase units in the 1887 condominium and to acquire and hold, lease, mortgage, and convey the same. (9) In any legal action in which the association may be exposed to liability in excess of insurance coverage protecting it and the unit owners, the association shall give notice of the exposure within a reasonable time to all unit owners who may be exposed to the liability, and they shall have the right to intervene and defend. (10) A copy of each insurance policy obtained by the association shall be made available for inspection by unit owners at reasonable times. History.-s. 12, ch ; ss. 4, 5, ch ; s. 1, ch ; s. 7, ch ; s. 4, ch Associations to acquire and enter into agreements.-in addition to any other provisions of this chapter, an association may acquire and enter into agreements whereby it acquires leaseholds, memberships and other possessory or use interests in lands or facilities including but not limited to country clubs, golf courses, marinas and other recreational facilities, whether or not contiguous to the lands of the condominium, intended to provide for the enjoyment, recreation or other use or benefit of the unit owners. All of such leaseholds, memberships and other possessory or use interests existing or brought into existence at the time of recording the declaration shall be set forth and fully described therein. Subsequent to the recording of the declaration, the association may not acquire or enter into agreements acquiring such leaseholds, memberships or other possessory or use interests except as authorized by the declaration and bylaws. The declaration and bylaws may declare the expenses of rental, membership fees, operations, replacements, and other undertakings in connection therewith to be common expenses, and may include covenants and restrictions concerning the use of the same by the unit owners and such other provisions not inconsistent with this law as may be desired. History.-s. 1, ch Maintenance; limitation upon im provement.- (1) The maintenance of the common elements shall be the responsibility of the association. (2) There shall be no material alteration or substantial additions to the common elements except in a manner provided in the declaration. (3) No unit owner shall make any alterations in the portions of the improvements of a condominium which are to be maintained by the association or remove any portion thereof, or make any additions thereto, or do any work which would jeopardize the safety or soundness of the building containing his unit or impair any easement. History.-s. 13, ch ; s. 1, ch ; s. 2, ch ; s. 8, ch Common expenses and common sur plus.- (1) Common expenses shall include the expenses of the operation, maintenance, repair, or replacement of the common elements, costs of carrying out the powers and duties of the association and any other expense designated as common expense by this law, the declaration or the bylaws.

38 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 (2) In a residential condominium, funds for the payment of common expenses shall be assessed against unit owners in the proportions or percentages of ownership ofthe common elements provided in the declaration. (3) In a residential condominium, the common surplus shall be owned by unit owners in the proportions or percentages of ownership of the common elements provided in the declaration. (4) The proportions or percentages of ownership of the common elements and the payment of common expenses as specified herein, is intended to clarify the original intent of the Legislature with regard to the same. History.-s. 14, ch ; s. 5, ch Assessments; liability; lien and priority; interest; collection.- (1) A unit owner, regardless of how title is acquired, including without limitation a purchaser at a judicial sale, shall be liable for all assessments coming due while he is the owner of a unit. In a voluntary conveyance the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of such voluntary conveyance, without prejudice to the rights of the grantee to recover from the grantor the amounts paid by the grantee therefor. (2) The liability for assessments may not be avoided by waiver of the use or enjoyment of any common elements or by abandonment of the unit for which the assessments are made. (3) Assessments and installments thereon not paid when due shall bear interest from the date when due until paid at the rate provided in the declaration, not to exceed the rate allowed by law, and if no rate is provided then at the legal rate. (4) The association shall have a lien on each condominium parcel for any unpaid assessments, and interest thereon, against the unit owner of such condominium parcel. If authorized by the declaration said lien shall also secure reasonable attorney's fees incurred by the association incident to the collection of such assessment or enforcement of such lien. Said lien shall be effective from and after the time of recording in the public records in the county in which the condominium parcel is located of a claim of lien stating the description of the condominium parcel, the name of the record owner, the amount due and the date when due, and the lien shall continue in effect until all sums secured by the lien shall have been fully paid. Such claims of liens shall include only assessments which are due and payable when the claim of lien is recorded. Such claims of liens shall be signed and verified by an officer or agent of the association and shall then be entitled to be recorded. Upon full payment the party making payment shall be entitled to a recordable satisfaction of the lien. All such liens shall be subordinate to the lien of a mortgage or other lien recorded prior to the time of recording of the claim of lien. (5) Liens for assessments may be foreclosed by suit brought in the name of the association in like manner as a foreclosure of a mortgage on real property. In any such foreclosure, the court, in its discretion, may require the unit owner to pay a reasonable 1888 rental for the condominium parcel, if so provided in the declaration or bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the same. The association shall have the power, unless prohibited by the declaration or bylaws, to bid in the condominium parcel at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid assessments may be maintained without waiving the lien securing the same. (6) When the mortgagee of a first mortgage of record, or other purchaser, of a condominium unit obtains title to the condominium parcel as a result of foreclosure of the first mortgage, or, if the declaration so provides, as a result of a deed given in lieu of foreclosure, such acquirer of title and his successors and assigns shall not be liable for the share of common expenses or assessments by the association pertaining to such condominium parcel or chargeable to the former unit owner of such parcel which became due prior to acquisition of title as a result of the foreclosure, unless such share is secured by a claim of lien for assessments that is recorded prior to the recording of the foreclosed mortgage. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the unit owners including such acquirer, his successors and assigns. If the declaration so provides, the foregoing provision may apply to any mortgage of record and shall not be restricted to first mortgages of record. A first mortgagee acquiring title to a condominium parcel as a result of foreclosure, or a deed in lieu of foreclosure, may not during the period of its ownership of such parcel, whether or not such parcel is unoccupied, be excused from the payment of some or all of the common expenses coming due during the period of such ownership. (7) Any unit owner shall have the right to require from the association a certificate showing the amount of unpaid assessments against him with respect to his condominium parcel. The holder of a mortgage or other lien shall have the same right as to any condominium parcel upon which he has a lien. Any person other than the owner who relies upon such certificate shall be protected thereby. (8) Except as provided in subsection (6) and in this subsection, no unit owner may be excused from the payment of his proportionate share of the common expense of a condominium unless all unit owners are likewise proportionately excused from such payment, except in the following cases: (a) A developer or other person owning condominium units offered for sale may, if the declaration so provides, be excused from the payment of the share of the common expenses and assessments related thereto for a period subsequent to the recording of the declaration of condominium and terminating not later than the first day of the fourth calendar month following the month in which such declaration is recorded or for a period terminating with the first day of the month of the third succeeding calendar month after the closing of the purchase and sale of any condominium unit within the condominium to a unit owner who is not the developer, the nominee of the developer, or a substitute or alternative developer, whichever shall be the later

39 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 date. However, the developer shall be obligated to pay that portion of the common expenses incurred during that period which exceeds the amount assessed against other unit owners; or, (b) A developer owning condominium units may be excused from the payment of his share of the common expense in respect of those units during such period of time that he shall have guaranteed that the assessment for common expenses of the condominium imposed upon the unit owners other than the developer making the guarantee shall not increase over a stated dollar amount and obligate himself to pay any amount of common expenses incurred during that period and not produced by the assessments at the guaranteed level receivable from other unit owners. History.-s. 15, ch ; s. 6, ch ; s. 9, ch ; s. 6, ch Termination.-. (1) All of the unit owners may remove the condominium property from the provisions of this law by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any ofthe condominium parcels consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the undivided share of the unit owner in the property as hereinafter provided. (2) Upon removal of the condominium property from the provisions of this law, the condominium property shall be deemed to be owned in common by. the unit owners. Unless otherwise provided in the declaration, the undivided share in the property owned in common by each unit owner shall be the undivided share previously owned by such owner in the common elements. (3) The condominium may be terminated in such other manner as may be prescribed in the declaration. After termination of a condominium in any manner, the liens upon condominium parcels shall be upon the respective undivided shares of the owners as tenants in common. (4) The termination of a condominium shall not bar the creation of another condominium affecting the same property. History.-s. 16, ch ; s. 7, ch Equitable relief.-in the event of substantial damage to or destruction of all or a substantial part of the condominium property, and in the event the property is not repaired, reconstructed, or rebuilt within a reasonable period of time, any unit owner shall have the right to petition a court of equity having jurisdiction in and for the county where the condominium property is located for equitable relief, which may, but need not necessarily, include a termination of the condominium and a partition. History.-s. 17, ch Limitation of liability.- (1) The liability of the owner of a unit for common expenses shall be limited to the amounts for which he is assessed for common expenses from time to time in accordance with this law, the declaration and bylaws. (2) The owner of a unit shall have no personal liability for any damages caused by the association 1889 on or in connection with the use of the common elements. A unit owner shall be liable for injuries or damages resulting from an accident in his own unit to the same extent and degree that the owner of a house would be liable for an accident occurring within his house. History.-s. 18, ch ; s. 7, ch Separate taxation of condominium parcels; survival of declaration after tax sale.- (1) Property taxes and special assessments assessed by municipalities, counties and other taxing authorities shall be assessed against and collected on the condominium parcels and not upon the condominium property as a whole. Each condominium parcel shall be separately assessed for ad valorem taxes and special assessments as a single parcel. The taxes and special assessments levied against each condominium parcel shall constitute a lien only upon such condominium parcel so assessed and upon no other portion of the condominium property. (2) All provisions of a declaration relating to a condominium parcel which has been sold for taxes or special assessments shall survive and be enforceable after the issuance of a tax deed or master's deed upon foreclosure of an assessment, certificate or lien, a tax deed, tax certificate, or tax lien, to the same extent that they would be enforceable against a voluntary grantee, immediate, mediate, or remote, of the owner of the title immediately prior to the delivery of the tax deed or master's deed. History.-s. 19, ch ; s. 10, ch Liens.- (1) Subsequent to recording the declaration and while the property remains subject to the declaration, no liens of any nature shall thereafter arise or be created against the condominium property as a whole except with the unanimous consent of the unit owners. During such period liens may arise or be created only against the several condominium parcels. (2) Labor performed or materials furnished to a unit shall not be the basis for the filing of a lien pursuant to the Mechanics' Lien Law against the unit or condominium parcel of any unit owner not expressly consenting to or requesting the same. No labor performed or materials furnished to the common elements shall be the basis for a lien thereon, but if duly authorized by the association such labor or materials shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien against all condominium parcels in the proportions for which the owners thereof are liable for common expenses. (3) In the event a lien against two or more condominium parcels becomes effective each owner thereof may relieve his condominium parcel of the lien by payment of the proportionate amount attributable to his condominium parcel. Upon such payment it shall be the duty of the lienor to release the lien of record for such condominium parcel. (4) Service or delivery of notices, papers or copies thereof permitted or required under the Mechanics' Lien Law for or incident to the perfection or enforcement of liens arising from labor or materials fur-

40 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 nished to the common elements, duly authorized by the association, may be effected by service on or delivery to the association. Suits to foreclose or otherwise enforce liens arising from labor or materials furnished to the common elements may be brought against the association and the owners of units shall not be deemed necessary parties to such suits. History.-s. 20, ch cf.-ss Part I, Mechanics' Lien Law Zoning and building.-all laws, ordinances and regulations concerning buildings or zoning shall be construed and applied with reference to the nature and use of such property without regard to the form of ownership. No law, ordinance or regulation shall establish any requirement concerning the use or location, placement or construction of buildings or other improvements which are, or may thereafter be subjected to the condominium form of ownership, unless such requirement shall be equally applicable to all buildings and improvements of the same kind not then or thereafter to be subjected to the condominium form of ownership. History.-s. 21, ch ; s. 8, ch Authority to regulate.-buildings included in a condominium property shall be subject to the authority, regulation or control of the Division of Hotels and Restaurants of the Department of Business Regulation only to the extent provided in chapter 509. Such buildings not subject to the authority, regulation or control of the division under chapter 509 shall be subject to the provisions of chapter 399 with respect to elevators. History.-s. 22, ch ; ss. 16, 35, ch Escalation clauses in leases for recre ational facilities or management contracts for condominiums prohibited.-it is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in leases 1 [for recreational facilities or other commonly used facilities serving condominiums] or management contracts for condominiums, and such clauses are hereby declared void for public policy. For the purposes of this section, an escalation clause is any clause in a condominium lease or management contract which provides that the rental under the lease or fee under the contract shall increase at the same percentage rate as any nationally recognized and conveniently available commodity or consumer price index. History.-s. 2, ch 'Note.-Bracketed language inadvertently omitted in the preparation of a Senate amendment to S.B. 112, enacted as ch See p. 362 of the Senate Journal, PART II COOPERATIVE APARTMENTS Application of ss Definitions. Cooperative parcels; appurtenances; possession and enjoyment. Bylaws; cooperative ownership. The association; cooperative ownership. Common expenses and common surplus; cooperative ownership Escalation clauses in leases for recreational facilities or management contracts for residential cooperatives prohibited Assessments; liability; lien and priority; interest; collection; cooperative ownership Application of ss The provisions of part II apply to cooperative ownership. History.-s. 15, ch Definitions.-As used in part II: (1) "Assessment" means a share of the funds required for the payment of common expenses which from time to time is assessed against the unit owner. (2) "Association" means the entity that owns the record title or a leasehold of the property of a cooperative and that is responsible for the operation of the cooperative. (3) "Board of administration" means the board of directors or other representative body responsible for administration of the association. (4) "Bylaws" means the bylaws for the government of the cooperative, as they exist from time to time. (5) "Common areas" means the portions of the cooperative property not included in the units. (6) "Common expenses" means the expenses for which the unit owners are liable to the association. (7) "Common surplus" means the excess of all receipts of the association, including, but not limited to, assessments, rents, profits, and revenues on account of the common areas, over the amount of common expenses. (8) "Cooperative" means that form of ownership of improved property under which units are subject to ownership by one or more owners, which ownership is evidenced by a lease or other muniment of title or possession granted by the association as the owner of the cooperative property. (9) "Cooperative documents" means: (a) The documents that create a cooperative, including, but not limited to, articles of incorporation of the association, bylaws, the ground lease, or other underlying lease, if any. (b) The document evidencing a unit owner's membership or share in the association. (c) The document recognizing a unit owner's title.or right of possession of his unit. (10) "Cooperative parcel" means a unit, together with the undivided share in the assets of the association that are appurtenant to the unit. (11) "Cooperative property" means the property subject to cooperative ownership and all other property owned by the association. (12) "Developer" means a person who creates a cooperative, or who offers cooperative parcels owned by him for sale or lease in the ordinary course of business, except that the term "developer" shall not include the owners or lessees of units in cooperatives who offer the units for sale or lease or their leasehold interests for assignment, when they have acquired or leased the units for their own occupancy. This definition shall be construed liberally to accord substantial justice to a unit owner or lessee. (13) "Operation," or "operation of the cooperative," means and includes the administration and

41 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 management of the cooperative property. (14) "Unit" means a part of the cooperative property which is to be subject to private ownership. A unit may be improvements, land, or land and improvements together as specified in the cooperative documentation. (15) "Unit owner" or "owner of a unit" means the person holding a lease or other muniment of title or possession of a unit that is granted by the association as the owner of the cooperative property. (16) "Residential cooperative" means a cooperative comprising cooperative units any of which are intended for use as a private residence, domicile, or homestead. A cooperative shall not be deemed a residential cooperative if the use for which the units are intended is primarily commercial or industrial and not more than three units are intended to be used for private residence, domicile, or homestead and are intended to be used as housing for maintenance, managerial, janitorial, or other operational staff of the cooperative. In the event that a cooperative shall be a residential cooperative under the definition herein contained, but otherwise have units whose use is intended to be commercial or industrial, then in such case the cooperative shall be deemed a residential cooperative with respect to those units which are intended for use as a private residence, domicile, or homestead, but not a residential cooperative with respect to those units which are intended for use commercially or industrially. History.-s. 15, ch Cooperative parcels; appurtenances; possession and enjoyment.- (!) A "cooperative parcel" is a unit and its appurtenances. (2) There shall pass with a unit, as appurtenances thereto: (a) Evidence of membership, of ownership of shares, or of other interest in the association. (b) An undivided share in the assets of the association. (c) The exclusive right to use such portion of the common areas as may be provided by the cooperative documents. (d) The undivided share in the common surplus attributable to the unit. (e) Such other appurtenances as may be provided in the cooperative documents. (3) The owner of a unit is entitled to the exclusive possession of his unit. He shall be entitled to use the common areas in accordance with the purposes for which they are intended, but no such use shall hinder or encroach upon the lawful rights of owners of other units. History.-s. 15, ch Bylaws; cooperative ownership.- (!) The bylaws or other cooperative documents shall provide for the following matters, and if they do not do so, the bylaws shall be deemed to include the following matters: (a) The form of administration ofthe association shall be described, indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. In the absence of such a provision, the board of administration shall be composed of five members, except in the case of cooperatives having five or fewer units, in which case one owner of each unit shall be a member of the board of administration. In the absence of provisions to the contrary contained in the bylaws, the board of administration shall have a president, a secretary, and a treasurer who shall perform the duties of such offices customarily performed by like officers of corporations in the state, and such officers shall serve without compensation and at the pleasure of the board of administration. The board of administration, in the absence of a provision in the bylaws to the contrary, may appoint and designate other officers and grant them such duties as it deems appropriate. (b) The percentage of unit owners or voting rights required to make decisions and to constitute a quorum shall be stated. In the absence of such provisions, the owners of a majority of the units shall constitute a quorum, and decisions shall be made by owners of a majority of the units represented at a meeting at which a quorum is present. In addition, provision shall be made for definition and use of proxy; however, no one person shall be designated to hold more than five proxies. (c) Meetings of the board of administration shall be open to all unit owners, and notice of meetings shall be posted conspicuously 48 hours in advance for the attention of unit owners, except in an emergency (d) Unit owners shall meet at least once in each calendar year, and such meeting shall be the annual meeting. Unless the bylaws shall provide for their election at another meeting, the annual meeting shall be the time of the election of the members of the board of administration whose terms have expired. In the absence of a provision in the bylaws setting forth the terms of some or all of the members of the board of administration which shall expire, the terms of all members ofthe board of administration shall expire on the date of the annual meeting, upon the election of their successors. The bylaws shall provide the method of calling and summoning the unit owners to assemble at meetings, including annual meetings, which method shall require at least 14 days' written notice to each unit owner in advance of the meeting and the posting at a conspicuous place on the cooperative property of a notice of the meeting at least 14 days prior to said meeting. In the absence of a provision to the contrary, the notice of the annual meeting shall be sent by certified mail to each unit owner, which mailing shall be deemed notice. The foregoing requirements as to meetings are not to be construed, however, to prevent unit owners from waiving notice of meetings or from acting by written agreement without meetings, if so provided in the bylaws, the other cooperative documents, or this law. (e) Minutes of all meetings of unit owners and of the board of administration shall be kept in a businesslike manner and available for inspection by unit owners and board members at all reasonable times. (f) Copies of a proposed annual budget of common expenses shall be mailed to the unit owners not less then 30 days prior to the meeting at which the

42 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 budget will be considered, together with a notice of that meeting. If the bylaws or other cooperative documents provide that the budget may be adopted by the board of administration, then the unit owners shall be given written notice of the time and place at which such meeting of the board of administration to consider the budget shall be held, and such meeting shall be open to the unit owners. If a budget is adopted by the board of administration which requires assessment against the unit owners in any fiscal or calendar year exceeding 115 percent of such assessments for the preceding year, upon written application of 10 percent of the unit owners, a special meeting of the unit owners shall be held upon not less than 10 days' written notice to each unit owner, but within 30 days of delivery of such application to the board of administration or any member thereof, at which special meeting unit owners may consider and enact a revision of the budget or recall any and all members of the board of administration and elect their successors, unless at that time the developer is in control of the board of administration. In either case, unless the bylaws shall require a larger vote, the revision of the budget or the recall of any and all members of the board of administration shall require a vote of not less than a majority of the whole number of votes of all unit owners. The board of administration may, in any event, propose a budget to the unit owners at a meeting of members or by writing, and if such budget or proposed budget is approved by the unit owners at the meeting or by a majority of their whole number by a writing, such budget shall not thereafter be examined by the unit owners in the manner hereinabove set forth, nor shall the board of administration be recalled under the terms of this section. In determining whether assessments exceed 115 percent of similar assessments for prior years, there shall be excluded from the computation any provision for reasonable reserves made by the board of administration in respect of repair or replacement of cooperative property or in respect of anticipated expenses by the association which are not anticipated to be incurred on a regular or annual basis; and there shall be excluded from such computation assessment for betterments to the cooperative property, if the bylaws so provide or allow the establishment of reserves or assessments for betterments to be imposed by the board of administration. However, so long as the developer is in control of the board of administration, the board shall not impose an assessment for any year greater than 115 percent of the prior fiscal or calendar year's assessment without approval of a majority of the unit owners. (g) The manner of collecting from the unit owners their shares of the common expenses shall be stated. Assessments shall be made against unit owners not less frequently than quarterly, in amounts no less than are required to provide funds in advance for payment of all of the anticipated current operating expense and for all of the unpaid operating expense previously incurred. (h) If the transfer, lease, or sublease of units is subject to approval of any body, no fee shall be charged in connection with a transfer or approval in excess of the expenditures reasonably required for 1892 the transfer, and this expense shall not exceed $50. No charge shall be made in connection with an extension or renewal of a lease. (i) The method by which the bylaws may be amended consistent with the provisions of this law shall be stated. If the bylaws fail to provide a method of amendment, the bylaws may be amended if the amendment is approved by owners of not less than two-thirds of the units. (2) The bylaws may provide for the following: (a) A method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas. (b) Such restrictions on, and requirements respecting, the use and maintenance of the units and the use of the common areas, not inconsistent with the cooperative documents, as are designed to prevent unreasonable interference with the use of the units and common areas. (c) Such other provisions not inconsistent with this law or with the cooperative documents as may be desired. History.-s. 15, ch ; s. 8, ch The association; cooperative owner ship.- (1) The operation of the cooperative shall be by the association, which may be organized as a corporation for profit or a corporation not for profit, in which the owners of units shall be stockholders or members. (2) The association shall have the irrevocable right to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any structural components of the building or any mechanical, electrical or plumbing elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the building or to another unit or units. (3) The association shall maintain accounting records according to good accounting practices which shall be open to inspection by unit owners or their authorized representatives at reasonable times and written summaries of which shall be supplied at least annually to unit owners or their authorized representatives. Failure of the association to permit inspection of its accounting records by unit owners or their authorized representatives shall entitle any person prevailing in an action for enforcement to recover reasonable attorneys' fees from the association. Such records shall include: (a) A record of all receipts and expenditures. (b) An account for each unit which shall designate the name and address of the unit owner, the amount of each assessment, the dates and amounts in which the assessments come due, the amounts paid upon the account, and the balance due. (4) A copy of each insurance policy obtained by the association shall be made available for inspection by unit owners at reasonable times. History.-s. 15, ch Common expenses and common surplus; cooperative ownership.- (!) Common expenses shall include the expenses of the operation, maintenance, repair, or replace-

43 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 ment of the cooperative property; costs of carrying out the powers and duties of the association; and any other expense designated as common expense by this law or the cooperative documents. (2) Funds for the payment of common expenses shall be assessed against unit owners in the proportions or percentages of sharing common expenses provided in the cooperative documents. History.-s. 15, ch Escalation clauses in leases for recreational facilities or management contracts for residential cooperatives prohibited.-lt is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in leases for recreational facilities or other commonly used facilities serving residential cooperative units or management contracts for residential cooperatives, and such clauses are hereby declared void for public policy. For the purposes of this section, an escalation clause is any clause which provides that the rental under the lease or fee under the contract shall increase at the same percentage rate as any nationally recognized and conveniently available commodity or consumer price index. History.-s. 1, ch Assessments; liability; lien and priority; interest; collection; cooperative owner ship.- (1) A unit owner, regardless of how title is acquired, including, without limitation, a purchaser at a judicial sale, shall be liable for all assessments coming due while he is the owner of a unit. In a voluntary conveyance the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of such voluntary conveyance, without prejudice to the rights of the grantee to recover from the grantor the amounts paid by the grantee therefor. (2) The liability for assessments may not be avoided by waiver of the use of enjoyment of any common areas or by abandonment of the unit for which the assessments are made. (3) Assessments and installments thereon not paid when due shall bear interest from the date when due until paid at the rate provided in the cooperative documents, not to exceed the rate allowed by law, and if no rate is provided then at the legal rate. (4) The association shall have a lien on each cooperative parcel for any unpaid assessments, and interest thereon, against the unit owner of such cooperative parcel. If authorized by the cooperative documents, said lien shall also secure reasonable attorneys' fees incurred by the association incident to the collection of such assessment or enforcement of such lien. (5) Liens for assessments may be foreclosed by suit brought in the name of the association in like manner as a foreclosure of a mortgage on real property. In any such foreclosure, the unit owner shall be required to pay a reasonable rental for the cooperative parcel, if so provided in the cooperative documents, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the same. The association shall have the power, unless prohibited by the cooperative documents, to bid on the cooperative parcel at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. Suit to recover a money judgment for unpaid assessments may be maintained without waiving the lien securing the same. (6) Any unit owner shall have the right to require from the association a certificate showing the amount of unpaid assessments against him with respect to his cooperative parcel. Any person other than the owner who relies upon such certificate shall be protected thereby. History.-s. 15, ch PART III PROVISIONS RELATING TO CONDOMINIUMS AND COOPERATIVE APARTMENTS Application of ss Obligations; remedies for violation; restrictions upon waiver. Creation of condominiums and cooperatives; contents of leases. Creation of condominiums and cooperatives; completion of phase projects. Sales; warranties. Sales; transfer of association control. Sales; use of proceeds prior to closing. Sales and leases; generally. Sales and leases; disclosure materials; prospectus or offering circulars. Sales and leases; disclosure. Sales and leases; publication of false or misleading information. Corrections by the association; corrections by the courts; limitations on action. Powers and duties of the Division of Florida Land Sales and Condominiums. Filing of documents prior to sale or lease. Filing fees. Complaints; investigations. Violations; enforcement. Dissemination of information. Rulemaking. Advisory board; creation; function Application of ss The provisions of part III apply to condominium ownership and to cooperative ownership. History.-s. 16, ch Obligations; remedies for violation; restrictions upon waiver.- (1) Each unit owner and each association shall be governed by and shall comply with this law and the declaration and bylaws or cooperative documents as they may exist from time to time. Failure to do so shall entitle the association or any other unit owner to recover sums due for damages or obtain injunctive relief or both. Such actions may be maintained by or against a unit owner or the association or its directors or, in a proper case, by or against one or more unit owners, and the prevailing party shall be entitled to recover reasonable attorneys' fees. Such relief

44 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 shall not be exclusive of other remedies provided by law. (2) A provision ofthis chapter may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision, except that unit owners or members of a board of administration may waive notice of meetings in writing at or after said meeting in the manner permitted by law or under the terms of the declaration of condominium, the bylaws of the association, or, if the condominium association is incorporated, under the provisions of the corporate charter. Any instructions given in writing by the unit owner to an escrow agent may be relied upon by an escrow agent, whether or not such instruction and the payment of funds thereunder might constitute a waiver of any provision of this chapter. History.-s. 23, ch ; s. 11, ch ; s. 9, ch Note.-Former s Creation of condominiums and cooperatives; contents of leases.-if any portion of the common elements or common areas or any other property serving the unit owners of a condominium or cooperative is subject to a lease and the rent under the lease is payable by the association or by the unit owners, or if a developer leases a unit for a term of more than 5 years or sells a unit subject to a lease with a remaining term of more than 5 years, the terms of the lease shall comply with the following requirements: (1) The leased land must be described by a legal description that is sufficient to pass title, and the leased personal property must be described by a general description of the items of personal property and the approximate number of each item of personal property that the developer is committing to furnish for each room or other facility or, in the alternative, a representation as to the minimum amount of expenditure that will be made to purchase the personal property for the facility. Unless the lease is of a unit, the description of the land shall be supplemented by a survey showing the relation of the leased land to the land included in the common elements or common areas. This provision shall not prohibit the adding of additional land or personal property in accordance with the terms of the lease, provided there is no increase in rent or material increase in maintenance costs to the individual unit owner. (2) The lease shall contain no reservation of the right of possession or control of the leased property in favor of the lessor or any person other than unit owners or the association, and shall create no rights to possession or use of the leased property in any parties other than the association or unit owners of the condominiums or cooperatives to be served by leased property unless the reservations and rights created are conspicuously disclosed. Any provision for use of the leased property by other than unit owners of the condominiums or cooperatives to be served by the leased property shall be subject to cancellation by the unit owners in the manner elsewhere provided after the transfer to unit owners other than the developer of control ofthe association operating the leased property. This requirement shall not preclude a developer from showing the 1894 leased property to prospective purchasers of units at reasonable times. (3) Unless the lease is of a unit, the lease shall determine the minimum number of unit owners that will be required directly or indirectly to pay the rent payable under the lease and the maximum number of units that will be served by the leased property. The limitation of the number of units to be served shall not preclude enlargement of the facilities leased and an increase in its capacity if approved by the association operating the leased property after unit owners other than the developer have assumed control of the association. (4) The lease shall provide, and if it does not so provide shall be deemed to provide, that in any action by the lessor to enforce a lien for rent payable with respect to leases under this section or any action by the association or a unit owner with respect to the obligations of the lessee or the lessor under the lease, the unit owner may raise any issue or interpose any defenses, legal or equitable, that he may have with respect to the lessor's obligations under the lease. If the unit owner initiates any such action or interposes any defense other than payment of rent under the lease, the unit owner shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent which accrues during the pendency of the proceeding, when due. Failure of the unit owner to pay the rent into the registry of the court as provided herein constitutes an absolute waiver of the unit owner's defenses other than payment, and the lessor shall be entitled to an immediate default. When the unit owner has deposited funds into the registry of the court as provided herein, the lessor may apply to the court for disbursement of all or part ofthe funds as may be shown to be necessary for the payment of taxes, mortgage payments, maintenance and operating expenses, and other necessary expenses incident to maintaining and equipping the leased facilities. The court, after preliminary hearing, may award all or any part of the funds on deposit to the lessor or may advance the cause on the calendar and to a final resolution. (5) If the lease is of recreational facilities or other commonly used facilities that are not completed, rent shall not commence until some of the facilities are completed. Until all of the facilities leased are completed, rent shall be prorated and paid only for the completed facilities in the proportion that the value of the completed facilities bears to the estimated value, when completed, of all ofthe facilities that are leased. For the purposes of this subsection, a completed recreational facility or other commonly used facility means a facility that is completed and is available for use. (6) If a lease is of a residential unit or of recreational facilities or other commonly used facilities serving residential units, the rent shall be a stated sum payable periodically that may be adjusted only at intervals of not less than 10 years. If the rent is adjusted, the adjustment shall be by increase and decrease in accordance with the changes in a nationally recognized and conveniently available commodity index, except that the lease may preclude a decrease below the rent originally required.

45 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 (7)(a) A lease of recreational facilities or other commonly used facilities shall grant to the lessee an option to purchase the leased property payable in cash on any anniversary date of the beginning of the lease term after the tenth anniversary, at a price then determined by agreement, and if there is no agreement then by arbitration under the Florida Arbitration Code. However, in the event of arbitration, the arbitrators shall take into account the capitalization of the current rent but shall not take into account the discounted rent for the unexpired term of the lease. (b) In the event the lessor wishes to sell his interest and shall have received a bona fide offer to purchase same, such lessor shall notify the association and each unit owner with an executed copy of such offer and the terms thereof. For a period to extend until 90 days following receipt of the offer by the association, the association shall have the option to purchase the interest on the terms and conditions set forth in the offer. Said option shall be exercised, if at all, by notice in writing given to the lessor within said period. If the association does not exercise the option herein granted, the lessor shall have the right, for a period of 60 days after receipt of the notice not to exercise the option, within which to complete the transaction described in the offer to purchase named therein. If for any reason such transaction is not concluded and notice of such fact given to the association within said 60 days, the offer shall be deemed to have been abandoned, and the provisions of this subsection shall be reimposed on the interest in question. (c) The options shall be exercised upon approval by owners of 75 percent of the units served by the leased property. (d) The provisions of this subsection shall not apply when the lessor is the government of the United States or the State of Florida or any political subdivision thereof. (8) Any lien for rent or other moneys or exactions due and payable under a lease 1 [which encumbers] a unit shall be subordinate to any mortgage encumbering a condominium or cooperate parcel made to a bank, savings and loan association, insurance company, trust company, or other institutional lender selected by the mortgagor. Alternatively, the lease or subordination agreement may provide that, upon the foreclosure of any such mortgage, the lien for the unit owner's share of the rent or other exactions shall not be extinguished, but shall be foreclosed and unenforceable as against the mortgagee with respect to that parcel's share of the rent and other exactions due and payable under the terms of the lease which mature or become due and payable on or before a date which is not sooner than the date of the final judgment of foreclosure, in the event of foreclosure, or on or before a date which is not sooner than the date of the delivery of the deed in lieu offoreclosure, in the case of a deed given to the mortgagee in lieu of foreclosure. Said lien may, however, automatically and by operation of the lease or other instrument, reattach to the parcel and secure the payment of the parcel's proportionate share of the rent or other exactions coming due under the terms of the lease which mature or come due subsequent to a date 1895 which is not sooner than the final decree of foreclosure or the date of delivery of the deed in lieu of foreclosure, in the case of deed in lieu offoreclosure. History.-s. 16, ch ; s. 10, ch 'Note.-Bracketed language substituted for "and encumbering" by the edi tors Creation of condominiums and cooperatives; completion of phase projects.- (1) The purpose of this section is to assure unit owners of the extent of condominium and cooperative developments that will be served by recreational and other facilities used in common with other persons. (2) This section applies to each condominium and cooperative in which the unit owners will be required to pay, as a condition of unit ownership, directly or indirectly, for the privilege of using recreational or other facilities in common with the occupants of other condominiums or cooperatives, or other developments, or for the maintenance and operation of such commonly used facilities. (3) An exhibit shall be attached to the prospectus required by s , which shall be entitled "Developer's Commitment to Phase Development," hereafter in this section called "developer's commitment," and shall contain or provide for the following: (a) A legal description of all ofthe land that may be ultimately included in the proposed condominiums or cooperatives to be served by the commonly used facilities and a legal description of the land that will contain the proposed commonly used facilities, all of which land is hereafter in this section called the "land." (b) An opinion by an attorney at law or a title insurance policy showing that the record title of the land, or a leasehold of the land having a term initially in excess of 98 years with an unexpired term of more than 50 years, is in the developer and that the land is zoned so as to allow the proposed use. (c) The developer may provide that additional lands not legally described as required above may be added to the proposed project by indicating the general location and maximum number of acres which may so be added. However, in such case the developer shall also set out the minimum dollar amount that the developer will be obligated to expend or cause to be expended in the providing of additional facilities which he is not otherwise obligated to provide, which dollar amount shall be on a per-acre basis, a per-additional condominium or cooperative unit basis for condominium or cooperative units contained within such additional lands, or a per-acre or per-additional dwelling unit basis if residential units other than condominium or cooperative units are involved and contained within such lands. (d) A legal description of the land that will contain the proposed commonly used facilities, to the extent that such land is not included in the land described in paragraph (a). (e) A statement of the minimum and maximum quantity of land intended to be used for commonly used recreational facilities. (0 A plot plan or alternate plot plans of the land described in paragraphs (a) and 1 [(d)] showing the approximate location of the recreational and other

46 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 facilities intended to be used in common other than rights-of-way. (g) A general description of the items of personal property and the numbers of each item of personal property that is to be furnished by the developer for each room or other facility in ~he commonly used facilities. (h) A statement as to whether the recreational and other commonly used facilities will be owned by or for the benefit of the unit owners, or whether these facilities will be owned by others and leased to unit owners or the association. If these facilities are to be leased to unit owners or the association, a proposed lease or alternate leases, but no more than three lease forms, stating all of the proposed terms and conditions of the leases shall be attached as part of the developer's commitment. (4) A developer who makes a developer's commitment shall not be committed to construct improvements in addition to the improvements required by the declaration or cooperative documents, but the developer shall be restricted in the development as hereafter provided. (5) The effect of a developer's commitment shall be contractual and shall survive the closing of the unit and may be enforced by injunction, and its contents shall be deemed a part of the developer's contract obligations in respect of the contract for the sale of each condominium or cooperative unit to which the commitment shall be applicable. The representations made by a developer in the developer's commitment as required by this section shall, however, be only for the benefit of unit owners in cooperatives or condominiums for which the disclosures are required to be made, and the developer's commitment with respect to the representations made in accordance with the requirements of this section shall be actionable only by unit owners or the association in condominiums or cooperatives for whom the disclosure is required to be made under the provisions of this section and by no other persons. (6) Nothing contained herein shall prohibit the developer from building or including additional facilities, land, structures, or personal property as part of the common facilities unless a material increase in the cost of maintenance to each of the unit owners would result therefrom. History.-s. 16, ch 'Note.-Bracketed reference substituted for " (b)" by the editors Sales; warranties.- (1) An implied warranty of fitness and merchantability shall attach: (a) To each condominium or cooperative parcel that is created a condominium or cooperative parcel within 5 years after the completion of the building containing the units. (b) To the personal property that is transferred with, or is appurtenant to, each condominium or parcels. (c) To all improvements and personal property provided for the use of unit owners of a condominium or cooperative that is created a condominium or cooperative prior to the date that is 5 years after the completion of such improvements. For the purpose of this subsection, completion of the building means issuance of a final certificate of occupancy for the entire building, or the equivalent authorization issued by the governmental body having jurisdiction, and in areas where no certificate of occupancy or equivalent authorization is issued, it means substantial completion of the building according to the plans and specifications. (2) This implied warranty shall inure to the benefit of each owner and his successor owners, and to the benefit of a developer, as follows: (a) As to the roof and structural components of a building or other improvement and as to mechanical, electrical, and plumbing elements serving an improvement or a building, as distinguished from mechanical elements serving only a unit, there shall be the following warranties: 1. From the developer, for the period beginning with the date ofthe first occupancy or use of a building or other improvement by a unit owner other than the developer and ending in 5 years or in 6 months after unit owners other than the developer elect a majority of the board of the administration of the association, whichever period is the lesser, but in no event in less than 3 years. However, ifthedeveloper secures reports from registered engineers dated after the 3-year period beginning with the date of the first occupancy or use of a building or other improvement by a unit owner other than the developer, and the reports certify as to the condition of warranted items, the period of the warranties as to the items covered by the reports shall end 6 months after the date of mailing, by certified mail, of a copy of such reports to each unit owner. 2. From the contractor, subcontractors, and suppliers for a period of 3 years from the completion of construction or installation (b) As to all other property there shall be the following warranties: 1. From the developer, for a period of 1 year beginning with the closing of a sale of a unit or with the date of first occupancy of the unit, whichever shall first occur, as to property that is a part of, or passes with, a condominium or cooperative parcel and, as to all other property, beginning with the date of first use of the property by a unit owner other than the developer. 2. From the contractor, subcontractors, and suppliers for a period of 1 year from the completion of construction of improvements or from the installation of personal property. (3) The warranties herein provided to the unit owner or the association shall be conditioned upon routine maintenance being performed. Hi-"tory.-s. 16, ch cf.-s provides that " registered mail" shall include certified mail with return receipt requested Sales; transfer of association con trol.- (1) When unit owners other than the developer own 15 percent or more of the units that will be operated ultimately by an association, the unit owners other than the developer shall be entitled to elect not less than one-third of the members of the board

47 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 of administration of the association. Unit owners other than the developer shall be entitled to elect not less than a majority of the members of the board of administration of an association 3 years after sales by the developer have been closed of 50 percent of the units that will be operated ultimately by the association, 3 months after sales have been closed by the developer of 90 percent of the units that will be operated ultimately by the association, or when all of the units that will be operated ultimately by the association have been completed, some of them have been sold, and none of the others are being offered for sale by the developer in the ordinary course of business, whichever shall first occur. The developer shall be entitled to elect not less than one member of the board of administration of an association as long as the developer holds for sale in the ordinary course of business any units in a condominium or cooperative operated by the association. (2) Within 60 days after unit owners other than the developer are entitled to elect a member or members of the board of administration of an association, the association shall call, and give not less than 30 days' or more than 40 days' notice of, a meeting of the unit owners for this purpose. Such meeting may be called and the notice given by any unit owner if the association fails to do so. (3) Ifa developer holds units for sale in the ordinary course of business, none of the following actions may be taken without approval in writing by the developer: (a) Assessment of the developer as a unit owner for capital improvements. (b) Any action by the association that would be detrimental to the sales of units by the developer; however, an increase in assessments for common expenses without discrimination against the developer shall not be deemed to be detrimental to the sales of units. (4) Prior to or within a reasonable time after the time that unit owners other than the developer elect a majority of the members of the board of administration of an association, such reasonable time not to exceed 60 days, the developer shall relinquish control of the association and shall deliver to the association all property of the unit owners and of the association held or controlled by the developer, including, but not limited to, the following items, if applicable, as to each condominium operated by the association or as to the cooperative. (a)l. The original, a certified copy, or a photocopy of the recorded declaration of condominium. If a photocopy is provided, the same shall reflect the recording information and shall be certified by affidavit by the developer or officer or agent of the developer as being a true and complete copy of the actual recorded declaration. 2. The association articles of incorporation, if it be an incorporated association. 3. The bylaws. 4. The minute books and other corporate books and records of the association, if any. 5. The cooperative documents. 6. Any house rules and regulations which may have been promulgated. (b) Resignations of officers and members of the 1897 board of administration who may be required to resign for reason of the requirement that the developer relinquish control of the association. (c) An accounting or accountings for association funds. The developer shall be liable to the association for all ofthe funds of the association that are not properly expended and which were collected during the period of time that the developer controlled the board of administration of the association. (d) Association funds or control thereof. (e) All tangible personal property that is represented by the developer to be part of the common elements or cooperative property, that is ostensibly part of the common elements or cooperative property, or that is property of the association, and inventories of these properties. (D A copy of the plans and specifications utilized in the construction of improvements and the supplying of equipment to the condominium or cooperative and in the construction and installation of all mechanical components serving the improvements and the site, with a certificate in affidavit form of the developer, his agent, or of an architect or engineer authorized to practice in this state that such plans and specifications represent, to the best of their knowledge and belief, the actual plans and specifications utilized in and about the construction and improvement of the condominium or cooperative property and for the construction and installation of the mechanical components serving the improvements. In the event that the condominium or cooperative property shall have been declared a condominium or cooperative more than 3 years after the completion of the construction of the improvements, then the requirements of this paragraph shall not apply. If, however, the improvements on the condominium or cooperative property submitted to condominium or cooperative form of ownership shall have been remodeled within 3 years prior to the date of the creation of condominium or cooperative, then the requirements of this paragraph shall apply to the plans and specifications utilized in and about the remodeling. (g) Insurance policies. (h) Copies of any certificates of occupancy which may have been issued within 1 year of the date of creation of the condominium or cooperative. (i) Any other permits issued by governmental bodies applicable to the condominium or cooperative property and which are currently in force or were issued within 1 year prior to the date upon which the unit owners other than the developer took control of the association. (j) Written warranties of the contractor, subcontractors, suppliers, and manufacturers that are still effective. (k) A roster of unit owners and their addresses and telephone numbers, if known, as shown on the developer's records. (l) Leases of the common elements or in which the association is lessor or lessee. (m) Employment contracts or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have directly or indirectly an obligation or responsibility to pay some or all of the

48 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 fee or charge of the person or persons performing the services. (n) Other contracts in which the association is one of the contracting parties.. (5) Any grant or reservation made by a declaration or cooperative document, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, that provides for operation of a condominium or cooperative or for maintenance, management, or operation of condominium or cooperative property or of property serving the unit owners of a condominium or cooperative shall be fair and reasonable and may be canceled by unit owners other than the developer under the following circumstances: (a) If the association operates only one condominium or cooperative and the unit owners other than the developer have assumed control of the association, or if unit owners other than the developer own not less than 75 percent of the units in the condominium, the cancellation shall be by concurrence of the owners of not less than 75 percent of the units other than the units owned by the developer. If a grant, reservation, or contract is canceled under this provision and the unit owners other than the developer have not assumed control of the association, the association shall make a new contract or otherwise provide for maintenance, management, or operation in lieu of the canceled obligation, at the direction of the owners of not less than a majority of the units in the condominium or cooperative other than the units owned by the developer. (b) If the association operates more than one condominium and the unit owners other than the developer have not assumed control of the association, and if unit owners other than the developer own not less than 75 percent of the units in a condominium operated by the association, any such grant, reservation, or contract for maintenance, management, or operation of buildings containing the units in that condominium or of improvements used only by unit owners of -that condominium, may be canceled by concurrence of the owners of not less than 75 percent of the units in the condominium other than the units owned by the developer; but no grant, reservation, or contract for maintenance, management, or operation of recreational areas or any other property serving more than one condominium may be canceled except as elsewhere provided, after the unit owners other than the developer have assumed control of the association. If a grant, reservation, or contract is canceled under this provision, the association shall make a new contract or otherwise provide for maintenance, management, or operation in lieu of the canceled obligation, at the direction of the owners of not less than a majority of the units in the condominium other than the units owned by the developer. (c) If the association operates more than one condominium and the unit owners other than the developer have assumed control of the association, the cancellation shall be by concurrence of the owners of not less than 75 percent of the total number of units in all condominiums operated by the association other than the units owned by the developer. (d) If a condominium or cooperative project contains more than one condominium or cooperative and they are operated by more than one association, no such grant, reservation, or contract for maintenance, management, or operation of a recreational area or any other property serving more than one condominium or cooperative may be canceled until unit owners other than the developer have assumed control of all of the associations operating the condominiums or cooperatives that are to be served by the recreational area or other property, after which such cancellation may be effected by concurrence of the owners of not less than 75 percent of the total number of units in those condominiums or cooperatives other than the units owned by the developer. (e) Any grant or reservation made by a declaration or cooperative document, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, shall be fair and reasonable. (6) Any action to compel compliance with the provisions of subsections (1) through (4) may be brought pursuant to the summary procedure provided for in s , and the court shall advance the cause on the calendar. In any such action, the prevailing party shall be entitled to recover reasonable attorney's fees. History.-s. 16, ch ; s. 11, ch Sales; use of proceeds prior to clos ing.- (1) If a developer contracts to sell a condominium or cooperative parcel in a building that has not been completed, established, furnished, and landscaped substantially in accordance with the plans and specifications and representations made by the developer in the disclosures required by this chapter, and if there is no payment and performance bond in the amount of the construction contract price that covers such completion and equipping, the developer shall establish an escrow with a bank or trust company having trust powers, an attorney who is a member ofthe Florida Bar, or a title company authorized to do business in the State of Florida, with whom shall be deposited all payments received by the developer from the buyer of such parcel upon the sale price of the parcel until the amou~t deposited shall equal5 percent ofthe sale price. The escrowed funds may be deposited in separate accounts or in common escrow or trust accounts or commingled with other escrow or trust moneys handled by or received by the escrow agent. The conditions for the release of funds from the escrow shall conform to the following: (a) Funds deposited from payments made by a buyer who properly voids his contract shall be paid to the buyer free of all costs of the escrow. (b) Prior to the closing of the transaction of purchase and sale, no funds shall be paid to the developer from the escrowed funds except in case of default by the buyer. (c) The escrow agent may disburse the escrowed funds paid or deposited by the buyer at or after the closing of the transaction of the purchase and sale of the parcel in accordance with written instructions from the buyer. (d) Unless the funds of a buyer have been previ- 1898

49 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch ously disbursed in accordance with the provisions of this subsection, such funds shall be disbursed to the developer by the escrow agent upon the expiration of 6 months after the closing of the transaction of sale and purchase, unless prior to such disbursement the escrow agent has received from the buyer written notice of a dispute between the buyer and developer. (e) If the escrow funds shall earn interest, the interest shall be paid or credited to the developer if he is entitled to receive the principal or paid to the buyer if he properly voids the contract and is entitled to return of the principal. The reasonable expenses incurred by the escrow agent in discharging his duties shall be an expense of the escrow. (2) Whenever money shall be paid to a developer on a contract for the purchase of a condominium or cooperative parcel prior to commencement of construction, such money in excess of 5 percent of the sale price of the parcel shall be held in a special account by the developer or his duly authorized agent and shall not be used by developer prior to closing of the transaction, except as provided in subsection (3) or for refund to the buyer. If such money shall remain in this special account for more than 3 months and if it shall earn interest, the interest so earned shall be added to the principal and paid or credited to the buyer or developer, as the case may be, who is entitled to receive the principal upon closing or upon breach of the contract. (3) When the construction of improvements has commenced, and if th~ contract for sale of the condominium unit or cooperative parcel so provides, the developer may withdraw funds from the special account and use such funds in the actual construction and development of the condominium or cooperative property in which the unit to be sold is located, except that no part of such funds may be used for salaries, commissions, or expenses of salesmen or for advertising purposes. In every such case when the contract permits use of the advance payments upon a sales contract for such purposes, there shall be printed or clearly stamped immediately above the place for signature of the buyer the following legend: ADVANCE PAYMENTS MADE PURSUANT TO THIS CONTRACT MAY BE USED FOR CON STRUCTION PURPOSES BY THE DEVELOPER. This legend shall be conspicuously printed or stamped in boldface capital type as large as or larger than the largest type used in the text of the contract. Failure to comply with the provisions of this subsection shall render the contract voidable at the option of the buyer, and all sums deposited or advanced under the contract shall be refunded with interest thereon at the highest rate then being paid on savings accounts, not inclusive of certificates of deposit, by savings and loan associations in the area in which the condominium or cooperative property is located. However, nothing herein shall be construed as vesting in the buyer any lien rights not otherwise provided by law or contract. (4) If a developer fails to establish the escrow required by subsection (1), or if any portion of the funds withdrawn from the special account required by subsection (2) is used by the developer prior to closing of the transaction for any purpose other than as provided herein, with intent to defraud the prospective buyer, the developer shall be deemed guilty of embezzlement and upon conviction shall be punished in a manner provided by law. History.-s. 3, ch ; s. 13, ch Note.-Former s Sales and leases; generally.- (!) No person shall be denied the right to purchase or lease a unit because of race, religion, sex, or national origin; nor shall any advertising be permitted that indicates such denial. (2) If a building is converted from a rental operation to condominium or cooperative ownership, each tenant of the building shall have the right to extend an expiring lease or tenancy upon the same terms for a period that will expire no later than 120 days after the mailing of a notice of the intended conversion to the tenant. However, any tenant must give notice to the developer of his intention to extend his lease as permitted in this subsection not later than 30 days after the mailing of the notice of the intended conversion to the tenant. (3) It is the policy of this state that provisions of contracts, leases, or other undertakings which allow landlords or developers at their option to cancel and terminate the term of such leases upon the conversion of the property and improvements to condominium or cooperative form upon short notice to the tenant to be unenforceable and against public policy. Therefore, any provision in any contract, lease, or undertaking executed after October 1, 1974, which provides for the early cancellation or early or advanced termination of the term of any lease for an apartment or other residence at the option of the landlord or developer for reason of its intended conversion to a condominium or cooperative form of ownership, shall be unenforceable except in the following cases: (a) If the lease provides for a notification to the tenant of a minimum of 150 days' notice before such cancellation or termination becomes effective. (b) If the term of the lease has less than 150 days remaining after such notification is given. (c) If the lease grants the tenant therein an option to purchase the apartment or other residence in which he resides at some substantially preferred rate, which option is exercisable by the tenant during a period of not less than 90 days of the mailing of a notice of the intended conversion to the tenant by certified mail. (d) If the lease provides that the lessor or developer shall not convert to condominium or cooperative format except with the consent of the tenants of not less than 60 percent of the apartments or other dwellings in the buildings intended to be converted. For the purpose of this vote, unoccupied apartments or dwellings shall be counted, and the developer or lessor may vote those apartments. (e) If the lease provides for a notification to the tenant which does not meet the requirement of paragraph (a), and if the term ofthe lease has more than 150 days remaining after such notification is given, such notification to the tenant of early cancellation or early or advanced termination ofthe term of the lease may nevertheless be effective if the notice provides that, the lease notwithstanding, the tenant shall have 150 days before such cancellation or ter-

50 Ch. 711 CONDOMINIUMS AND COOPERATIVE APARTMENTS Ch. 711 mination becomes effective, or a longer period of time if the developer or landlord so provides in the notice. (f) Leases executed subsequent to the announced intention of the developer or landlord to convert to a condominium or cooperative format may contain provisions for the early or advanced termination of the term of such leases or the early cancellation of such leases upon not less than 60 days' notice to the tenant, provided the lease conspicuously discloses the fact that it is the landlord's or developer's intention to convert the property containing the leased premises to a condominium or cooperative form of ownership and that the lease may be canceled upon as little as 60 days' notice to the tenant of the landlord or developer's exercise of the right of cancellation. Whenever in this subsection a notice to a tenant shall be required to be given, said notice shall be deemed given when deposited in the United States mail addressed to the tenant at his last known residence (which may be the address of the property subject to the lease) sent by certified or registered mail with sufficient prepaid postage affixed to carry it to its destination. Except in the cases provided for in paragraphs (b) and (d), the provisions of and rights granted in subsection (2) shall not apply. (4) Notice as provided herein shall be nonwaivable to each tenant in the building to be converted unless the tenant's leasehold agreement clearly states that the building is to be so converted. History.-s. 16. ch cf.-s provides that "registered mail" shall include certified mai l with return receipt requested Sales and leases; disclosure materials; prospectus or offering circulars.-beforeadeveloper offers residential condominium or residential cooperative parcels for sale or for lease for an unexpired term of more than 5 years, in a residential condominium or residential cooperative containing more than 20 residential units, or in a group of residential condominiums or residential cooperatives containing more than 20 residential units that will be served by property to be used in common by unit owners of more than one condominium or cooperative, the developer shall prepare a prospectus or offering circular in addition to such other circulars, bulletins, or disclosure materials as are required by this chapter, all of which together are defined as "disclosure materials," concerning each condominium or cooperative in which units are offered. The materials may, at the developer's option, include the required information pertaining to more than one condominium or cooperative, or the developer may prepare separate disclosure material for one or more condominiums or cooperatives, notwithstanding the fact that units in the condominiums or cooperatives for sale or lease are not all being offered for sale or lease at the time of preparation of the documents or of their distribution. The prospectus or offering circulars shall contain so much of the following described information as is applicable, in outline, summary, or question and answer form: (1) A caveat on the first page in boldface type or capital letters no smaller than the largest type on 1900 the page in the following words: ORAL REPRESEN TATIONS CANNOT BE RELIED UPON AS COR RECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESEN TATIONS, REFERENCE SHOULD BE MADE TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS. (2) A brief description of the condominium or cooperative, which shall include, but not be limited to, the following information: (a) Its name and location. (b) The maximum number of units that will use facilities in common with the subject condominium or cooperative. The prospectus or offering circular may reflect that the maximum number of units will vary in accordance with a stated formula in which the developer agrees to expend a stated minimum amount in dollars on a per-unit basis for additional recreational facilities, or enlargement of such facilities, provided the addition or enlargement of such facilities when produced does not result in a substantial increase of the maintenance expense or rental expense (if any) to each unit owner, unless the amount of that increase and limitations thereon are disclosed and set forth with particularity. (3) A statement as to whether the developer's plan includes a program ofleasing units rather than selling them. With respect to units which are being offered and sold subject to a lease, the number and identification of the units shall be set forth with particularity and a statement in boldface type or capital letters no smaller than the largest type in the context where used, in substantially the following form, shall be included: THESE UNITS WILL BE TRANSFERRED SUBJECT TO A LEASE THAT EXPIRES... AND THE LESSEE'S INTEREST WILL TERMINATE ON THE EXPIRATION OF THE LEASE. In lieu of identifying the units which will be sold subject to a lease and including the foregoing required statement in the disclosure materials, the developer may include a statement, conspicuously displayed, in the first page of the purchase agreement for a unit being sold subject to a lease, which shall be in boldface type or capital letters no smaller than the largest type used in the text of the first page of the purchase agreement, in substantially the following form: THIS UNIT WILL BE TRANSFERRED SUBJECT TO A LEASE THAT EXPIRES... AND THE LESSEE'S (UNIT OW NER'S) INTEREST WILL TERMINATE UPON EX PIRATION OF THE LEASE. (4) A description of the condominium or cooperative, which shall include, but not be limited to, the following information: (a) A schedule of buildings showing the number of units in each building and the number of bedrooms and bathrooms in each unit, which designation shall not be deemed to preclude rooms in a given unit from being combined or to prevent or require the use of any specific room in any manner which is otherwise lawful and permitted or the conversion of any such room into a bedroom or to another use. (b) The total number of units, which shall not prevent or prohibit the combining of two or more units into one unit or, if combined, the severance of those units into their component parts.