Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 440
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/12/2014 .
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1 Senate Amendment (with title amendment)
2
3 Delete lines 497 - 506
4 and insert:
5 Section 4. Subsection (1) of section 718.403, Florida
6 Statutes, is reenacted, paragraph (a) of subsection (2) of that
7 section is amended, and subsection (9) is added to that section,
8 to read:
9 718.403 Phase condominiums.—
10 (1) Notwithstanding the provisions of s. 718.110, a
11 developer may develop a condominium in phases, if the original
12 declaration of condominium submitting the initial phase to
13 condominium ownership or an amendment to the declaration which
14 has been approved by all of the unit owners and unit mortgagees
15 provides for and describes in detail all anticipated phases; the
16 impact, if any, which the completion of subsequent phases would
17 have upon the initial phase; and the time period within which
18 all phases must be added to the condominium and comply with the
19 requirements of this section and at the end of which the right
20 to add additional phases expires.
21 (a) All phases must be added to the condominium within 7
22 years after the date of the recording of the certificate of a
23 surveyor and mapper pursuant to s. 718.104(4)(e) or the
24 recording of an instrument that transfers title to a unit in the
25 condominium which is not accompanied by a recorded assignment of
26 developer rights in favor of the grantee of such unit, whichever
27 occurs first, unless the unit owners vote to approve an
28 amendment extending the 7-year period pursuant to paragraph (b).
29 (b) An amendment to extend the 7-year period shall require
30 the approval of the owners necessary to amend the declaration of
31 condominium pursuant to s. 718.110(1)(a). An extension of the 7
32 year period may be submitted for approval only during the last 3
33 years of the 7-year period.
34 (c) An amendment must describe the time period within which
35 all phases must be added to the condominium, and such time
36 period may not exceed 10 years from the date of the recording of
37 the certificate of a surveyor and mapper pursuant to s.
38 718.104(4)(e) or the recording of an instrument that transfers
39 title to a unit in the condominium which is not accompanied by a
40 recorded assignment of developer rights in favor of the grantee
41 of such unit, whichever occurs first.
42 (d) An amendment that extends the 7-year period pursuant to
43 this section is not subject to the requirements of s.
44 718.110(4).
45
46 ================= T I T L E A M E N D M E N T ================
47 And the title is amended as follows:
48 Delete lines 12 - 14
49 and insert:
50 amending s. 718.403, F.S.; authorizing the