Fund News and Alerts

If you have not read the Florida ARECs Blog recently, you need to check it out!  We discuss a variety of topics of interest to REC Member Attorneys, Realtors® and consumers.  We encourage you to read one our interesting posts like, Whose Property Is It Anyway: Heirs Property and Its Impact on Underserved Communities, written by Brenda Ezell of the Ezell Law Firm in Jacksonville. This article touches on an important topic, and not only provides resources to consumers who may be affected by this issue but also includes a hyperlink to a Fund Concept article with details Fund Members need.

The Polk Area Real Estate Council held their Annual Member Meeting and Elections on January 25 in downtown Lakeland.  Congratulations to Keith Wadsworth of Peterson & Myers, PA, who was elected President!

Last year, The Fund introduced its Attorney Value Campaign to promote the message of working with a real estate attorney to consumers and real estate agents. As a Florida real estate attorney, you protect property rights and ensure efficient, secure, reliable, professional, accurate and safe transactions for buyers and sellers. The Fund Gets You!

By: René Rutan, Manager, Events & Affiliate, REC & Realtor® Relations

We are pleased to announce that Dr. Jessica Lautz, Deputy Chief Economist and Vice President of Research of the National Association of REALTORS®, will sit down for an intimate conversation exclusively for REC members during this year’s Assembly REC Luncheon. It will provide attendees with a unique opportunity to meet Dr. Lautz and hear her thoughts on the economic issues driving the Florida real estate market.

Objections to development agreements and development orders generally arise in commercial transactions. This article is the third in a series of articles addressing specific title objections. Like its predecessors, it is designed to help Fund Members analyze specific objections’ merits and provide potential resolutions. For guidance in addressing title objections related to surveys or tenants, please see, “Addressing Specific Title Objections Relating to Surveys and Tenants,” 54 Fund Concept 49 (May 2022), and for guidance in addressing water and oil, gas, and mineral right objections, please see, “Addressing Title Objections to Water Rights and Oil, Gas & Mineral Rights,” 55 Fund Concept 69 (June 2023).

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By: René Rutan, Manager, Events & Affiliate, REC & Realtor® Relations

A new year always seems to make us take stock of our lives.  Many of us are evaluating our lifestyle and trying to implement healthier habits to improve our physical and emotional wellbeing.  The non-stop TV ads for diets and fitness equipment are a testament to this annual ritual.

The Fund continued its sponsorship of the Real Property, Probate & Trust Law Section’s (RPPTL) Residential Real Estate & Industry Liaison Committee (RREIL) at the November RPPTL Meeting in Tampa under the banner of the Attorneys’ Real Estate Councils of Florida.  RPPTL, and specifically the RREIL Committee provide an excellent opportunity to highlight the benefits of REC membership among a distinguished organization of real estate attorneys.

The Fund continues to sponsor the Residential Real Estate & Industry Liaison Committee (RREIL) of the Real Property, Probate & Trust Law Section of The Florida Bar (RPPTL) under the banner of the Attorneys’ Real Estate Councils of Florida.  At the July RPPTL Meeting, we encouraged RREIL Committee members to join their local RECs, and shared examples of how REC membership is benefitting real estate attorneys around the state.

Session Law 2023-238: Florida Legislature Creates and Enhances Anti-Fraud Law, New Quitclaim Deed, and Recording Requirement

During the 2023 Legislative Session, the Florida Legislature passed House Bill 1419. On Jun. 14, 2023, the bill was approved by Governor Ron DeSantis and assigned Session Law Number 2023-238. Principally, the new law creates procedures and guidelines designed to thwart real property fraud. In addition, new provisions are included which govern actions to quiet title resulting from alleged fraudulent conveyances as well as mandating a new form quitclaim deed. Except as otherwise noted, the provisions of the new law are effective on Jul. 1, 2023.  This article will set forth many of the details of the legislation. 

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Florida Governor Ron DeSantis signed Senate Bill 264 (SB 264) into law on May 8, 2023. The law has an effective date of Jul. 1, 2023, and may have a tremendous impact on the ownership and conveyance of real property in Florida. The bill creates Secs. 692.201 – 692.205, F.S., and is commonly referred to as the Conveyances to Foreign Entities Act (Act).  The Act contains wide prohibitions with respect to foreign ownership of certain real property. Under the Act, ownership includes direct or indirect ownership of, or a controlling interest in, real property. Although the Act does not impose compliance liability on the issuing agent or underwriter, being familiar with its terms allows agents to be better prepared to discuss its implications with buyers and sellers. The Act applies to certain types of property and certain foreign principals, so it is important to understand how each of these is defined. 

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