Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS for CS for SB 1018
Ì412506ÄÎ412506
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 2/AD/2R .
04/28/2014 04:35 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Detert moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 862 and 863
4 insert:
5 Section 18. Paragraph (a) of subsection (1) of section
6 627.7842, Florida Statutes, is amended to read:
7 627.7842 Policy exceptions.—
8 (1)(a) If a survey meeting the minimum technical standards
9 of practice for surveying required by the Department of
10 Agriculture and Consumer Services Business and Professional
11 Regulation and certified to the title insurer by a registered
12 Florida surveyor has been completed on the property within 90
13 days before the date of closing, the title policy may only
14 except from coverage the encroachments, overlays, boundary line
15 disputes, and other matters that which are actually shown on the
16 survey.
17 Section 19. Paragraph (e) of subsection (4) of section
18 718.104, Florida Statutes, is amended to read:
19 718.104 Creation of condominiums; contents of declaration.
20 Every condominium created in this state shall be created
21 pursuant to this chapter.
22 (4) The declaration must contain or provide for the
23 following matters:
24 (e) A survey of the land which meets the minimum technical
25 standards of practice established set forth by the Board of
26 Professional Surveyors and Mappers, pursuant to s. 472.027, and
27 a graphic description of the improvements in which units are
28 located and a plot plan thereof that, together with the
29 declaration, are in sufficient detail to identify the common
30 elements and each unit and their relative locations and
31 approximate dimensions. Failure of the survey to meet minimum
32 technical standards of practice does shall not invalidate an
33 otherwise validly created condominium. The survey, graphic
34 description, and plot plan may be in the form of exhibits
35 consisting of building plans, floor plans, maps, surveys, or
36 sketches. If the construction of the condominium is not
37 substantially completed, there shall be a statement to that
38 effect, and, upon substantial completion of construction, the
39 developer or the association shall amend the declaration to
40 include the certificate described below. The amendment may be
41 accomplished by referring to the recording data of a survey of
42 the condominium that complies with the certificate. A
43 certificate of a surveyor and mapper authorized to practice in
44 this state shall be included in or attached to the declaration
45 or the survey or graphic description as recorded under s.
46 718.105 that the construction of the improvements is
47 substantially complete so that the material, together with the
48 provisions of the declaration describing the condominium
49 property, is an accurate representation of the location and
50 dimensions of the improvements and so that the identification,
51 location, and dimensions of the common elements and of each unit
52 can be determined from these materials. Completed units within
53 each substantially completed building in a condominium
54 development may be conveyed to purchasers, notwithstanding that
55 other buildings in the condominium are not substantially
56 completed, provided that all planned improvements, including,
57 but not limited to, landscaping, utility services and access to
58 the unit, and common-element facilities serving such building,
59 as set forth in the declaration, are first completed and the
60 declaration of condominium is first recorded and provided that
61 as to the units being conveyed there is a certificate of a
62 surveyor and mapper as required above, including certification
63 that all planned improvements, including, but not limited to,
64 landscaping, utility services and access to the unit, and
65 common-element facilities serving the building in which the
66 units to be conveyed are located have been substantially
67 completed, and such certificate is recorded with the original
68 declaration or as an amendment to such declaration. This section
69 does shall not, however, operate to require development of
70 improvements and amenities declared to be included in future
71 phases pursuant to s. 718.403 before prior to conveying a unit
72 as provided in this paragraph herein. For the purposes of this
73 section, a “certificate of a surveyor and mapper” means
74 certification by a surveyor and mapper in the form provided in
75 this paragraph herein and may include, along with certification
76 by a surveyor and mapper, when appropriate, certification by an
77 architect or engineer authorized to practice in this state.
78 Notwithstanding the requirements of substantial completion
79 provided in this section, this paragraph does not nothing
80 contained herein shall prohibit or impair the validity of a
81 mortgage encumbering units together with an undivided interest
82 in the common elements as described in a declaration of
83 condominium recorded before prior to the recording of a
84 certificate of a surveyor and mapper as provided in this
85 paragraph herein.
86
87 ================= T I T L E A M E N D M E N T ================
88 And the title is amended as follows:
89 Delete line 107
90 and insert:
91 certain circumstances; amending ss. 627.7842 and
92 718.104, F.S.; conforming provisions to changes made
93 by the act; amending s. 943.059, F.S.;