Preview of 2017 Legislation

A look at various items that will be presented in the next legislative session.

Dear Members,

Here’s a brief preview of some legislation that might be of interest. These items are being discussed by various groups to be presented in the 2017 legislative session.

Estoppel Certificate Legislation will likely be proposed for the third year. I am now going to refer to this as the Arnold Schwarzenegger Bill (“I’m back…”). On a serious note, the settlement industry, through FLTA, is very committed to getting some needed changes in the current law. The proposal has not been finalized, but it is sure to address pay at close, fee caps, a required delivery date, a 30-day reliability period and required content.

The process for terminating a Notice of Commencement and recording a new Notice of Commencement under Chapter 713, Florida Statutes, is the subject of proposed legislation coming out of the RPPTL Section of The Florida Bar. The legislation would streamline the current process that requires a stoppage in construction before a new Notice of Commencement can be recorded and adjust construction lien priorities. This is important legislation for those of you that deal with construction projects that need to be re-financed midstream.

There is an organized effort to eliminate the "sunsetting" of the 10% cap on the ad valorem assessments (by county property appraisers) of non-homestead properties. “Save Our Caps” is seeking to make the 10% cap permanent by placing the 10% assessment cap language back on the ballot for submission to the voters. This would be done in the 2017 or 2018 Sessions with three fifths, or 60%, of the vote of both legislative chambers. It would take the form of a “joint resolution” and is not subject to the Governor’s veto or approval. Then, the Florida voters in the 2018 general election will have to support it with 60% of the vote.

Even Real Estate Attorneys support marriage! Legislation is in the works to establish a total exemption for documentary stamp taxes for transfers of real property between spouses. Currently the exemption is limited to transfers of the marital home pursuant to a divorce.

Stay tuned for developments throughout the summer and fall.

As always, thank you for your support of The Fund.

Best Regards,

Melissa Jay Murphy
Senior Vice President and
General Counsel