2013 Pending Florida Legislation – Real Estate, Community Associations, Business Litigation & Transactions

Off to a fast start in 2013, the following legislation has already been filed for consideration. The following 2013 pending legislation relates to Real Estate, Community Associations, Business Litigation & Transactions.  Check back often as this information will be updated as more legislation is filed:

HOUSE BILL 73  General Bill   by Moraitis   for Complete Bill Text:
Residential Properties: Exempts certain elevators from specific code update requirements; revises provisions relating to terms of condominium board of administration members; revises condominium unit owner election & condominium association meeting notice & recordkeeping requirements; provides requirements for condominiums relating to election challenges, recalls, & installation of impact glass or other code-compliant windows; provides requirements for condominiums created within condominium parcels; revises provisions relating to imposing remedies; revises liability of unit owners; provides liability limitations of certain first mortgagee or its successor or assignees; revises records not accessible to members or parcel owners; revises provisions relating to amendment of declarations; provides criteria for consent to amendment; requires notice to mortgagees regarding proposed amendments.
Effective Date:                                     July 1, 2013
Last Event:                                         Filed on Friday, December 28, 2012 1:18 PM

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SENATE BILL 100  By Detert  For Complete Bill Text Click Here: Florida Pending Legislation SB100

Employment Practices; Prohibiting an employer from using a job applicant’s credit report or credit history to make certain hiring, compensation, or other employment decisions; providing specific situations where an employer may use such information, etc.

Last Action: 01/07/2013 On Committee agenda– Commerce and Tourism, 01/15/13, 10:00 am, 110 Senate Office Building

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Senate Bill 112 By Senator Dean For Complete Bill Text Click Here: sb112

Property Fraud; Prohibiting a person from filing or causing to be filed, with intent to defraud another, a document relating to the ownership, transfer, or encumbrance of or claim against real or personal property, or any interest in real or personal property, which the person knows contains a material misstatement, misrepresentation, or omission of fact; providing criminal penalties; providing that a person who fraudulently records a construction lien is subject to specified fraud provisions, etc.

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Senate Bill 120, By By Senator Latvala For Complete Bill Text Click Here: sb120

Condominiums; Allowing condominium units to come into existence regardless of requirements or restrictions in a declaration; extending the amount of time that a clerk may hold a sum of money before notifying the registered agent of an association that the sum is still available and the purpose for which it was deposited; changing the requirements relating to the circumstances under which a declaration of condominium or other documents are effective to create a condominium; revising the conditions under which a developer may amend a declaration of condominium governing a phase condominium; providing for an extension of the 7-year period for the completion of a phase, etc.

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HOUSE BILL 87 General Bill   by Passidomo (CO-SPONSORS) Moraitis FOR COMPLETE BILL TEXT FOR HB 87 Click Here: 314house_bill_87
Mortgage Foreclosures: Revises limitations period for commencing action to enforce claim of deficiency judgment after foreclosure action; provides for applicability to existing causes of action; specifies required contents of complaint seeking to foreclose on certain types of residential properties; authorizes sanctions against plaintiffs who fail to comply with complaint requirements; requires court to treat collateral attack on final judgment of foreclosure on mortgage as claim for monetary damages; prohibits court from granting certain relief affecting title to foreclosed property; provides for construction relating to rights of certain persons to seek relief or pursue claims against foreclosed property; limits amount of deficiency judgment; revises class of persons authorized to move for expedited foreclosure; provides requirements & procedures with respect to order directed to defendants to show cause; provides failures by defendant to make filings or appearances may have legal consequences; requires court to enter final judgment of foreclosure & order foreclosure sale; provides for liability of persons who wrongly claim to be holders of or entitled to enforce a lost, stolen, or destroyed note & cause mortgage secured thereby to be foreclosed.
Effective Date:                                     upon becoming a law
Last Event:                                         Filed on Thursday, January 03, 2013 10:05 AM