Bill Text: FL S0266 | 2018 | Regular Session | Comm Sub


Bill Title: Covenants and Restrictions

Spectrum: Bipartisan Bill

Status: (Introduced) 2018-03-06 - Laid on Table, refer to HB 617 [S0266 Detail]

Download: Florida-2018-S0266-Comm_Sub.html
       Florida Senate - 2018                              CS for SB 266
       
       
        
       By the Committee on Rules; and Senator Passidomo
       
       
       
       
       
       595-03996-18                                           2018266c1
    1                        A bill to be entitled                      
    2         An act relating to covenants and restrictions;
    3         creating s. 712.001, F.S.; providing a short title;
    4         amending s. 712.01, F.S.; defining and redefining
    5         terms; amending s. 712.05, F.S.; revising the notice
    6         filing requirements for a person claiming an interest
    7         in land and other rights; authorizing a property
    8         owners’ association to preserve and protect certain
    9         covenants or restrictions from extinguishment, subject
   10         to specified requirements; providing that a failure in
   11         indexing does not affect the validity of the notice;
   12         extending the length of time certain covenants or
   13         restrictions are preserved; deleting a provision
   14         requiring a two-thirds vote by members of an
   15         incorporated homeowners’ association to file certain
   16         notices; providing that a property owners’ association
   17         or clerk of the circuit court is not required to
   18         provide certain additional notice for a specified
   19         notice that is filed; conforming provisions to changes
   20         made by the act; amending s. 712.06, F.S.; exempting a
   21         specified summary notice and amendment from certain
   22         notice content requirements; revising the contents
   23         required to be specified by certain notices;
   24         conforming provisions to changes made by the act;
   25         amending s. 712.11, F.S.; conforming provisions to
   26         changes made by the act; creating s. 712.12, F.S.;
   27         defining terms; authorizing the parcel owners of a
   28         community not subject to a homeowners’ association to
   29         use specified procedures to revive certain covenants
   30         or restrictions, subject to certain exceptions and
   31         requirements; authorizing a parcel owner to commence
   32         an action by a specified date under certain
   33         circumstances for a judicial determination that the
   34         covenants or restrictions did not govern that parcel
   35         as of a specified date and that any revitalization of
   36         such covenants or restrictions as to that parcel would
   37         unconstitutionally deprive the parcel owner of rights
   38         or property; providing applicability; amending s.
   39         720.303, F.S.; requiring a board to take up certain
   40         provisions relating to notice filings at the first
   41         board meeting; creating s. 720.3032, F.S.; requiring
   42         any property owners’ association desiring to preserve
   43         covenants from potential termination after a specified
   44         period by certain operation to record in the official
   45         records of each county in which the community is
   46         located a notice subject to certain requirements;
   47         providing a document form for recording by an
   48         association to preserve certain covenants or
   49         restrictions; requiring a copy of the filed notice to
   50         be sent to all members; requiring the original signed
   51         notice to be recorded with the clerk of the circuit
   52         court or other recorder; amending ss. 702.09 and
   53         702.10, F.S.; conforming provisions to changes made by
   54         the act; amending s. 712.095, F.S.; conforming a
   55         cross-reference; amending ss. 720.403, 720.404,
   56         720.405, and 720.407, F.S.; conforming provisions to
   57         changes made by the act; providing an effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Section 712.001, Florida Statutes, is created to
   62  read:
   63         712.001 Short title.—This chapter may be cited as the
   64  “Marketable Record Title Act.”
   65         Section 2. Section 712.01, Florida Statutes, is reordered
   66  and amended to read:
   67         712.01 Definitions.—As used in this chapter, the term law:
   68         (1) “Community covenant or restriction” means any agreement
   69  or limitation contained in a document recorded in the public
   70  records of the county in which a parcel is located which:
   71         (a) Subjects the parcel to any use restriction that may be
   72  enforced by a property owners’ association; or
   73         (b) Authorizes a property owners’ association to impose a
   74  charge or assessment against the parcel or the parcel owner.
   75         (4)(1)The term “Person” includes the as used herein
   76  denotes singular or plural, natural or corporate, private or
   77  governmental, including the state and any political subdivision
   78  or agency thereof as the context for the use thereof requires or
   79  denotes and including any property owners’ homeowners’
   80  association.
   81         (6)(2) “Root of title” means any title transaction
   82  purporting to create or transfer the estate claimed by any
   83  person and which is the last title transaction to have been
   84  recorded at least 30 years before prior to the time when
   85  marketability is being determined. The effective date of the
   86  root of title is the date on which it was recorded.
   87         (7)(3) “Title transaction” means any recorded instrument or
   88  court proceeding that which affects title to any estate or
   89  interest in land and that which describes the land sufficiently
   90  to identify its location and boundaries.
   91         (5)(4)Property owners’ association” The termhomeowners’
   92  association” means a homeowners’ association as defined in s.
   93  720.301, a corporation or other entity responsible for the
   94  operation of property in which the voting membership is made up
   95  of the owners of the property or their agents, or a combination
   96  thereof, and in which membership is a mandatory condition of
   97  property ownership, or an association of parcel owners which is
   98  authorized to enforce a community covenant or restriction use
   99  restrictions that is are imposed on the parcels.
  100         (3)(5)The term “Parcel” means any real property that which
  101  is used for residential purposes that is subject to exclusive
  102  ownership and which is subject to any covenant or restriction of
  103  a property owners’ homeowners’ association.
  104         (2)(6)The term “Covenant or restriction” means any
  105  agreement or limitation contained in a document recorded in the
  106  public records of the county in which a parcel is located which
  107  subjects the parcel to any use or other restriction or
  108  obligation which may be enforced by a homeowners’ association or
  109  which authorizes a homeowners’ association to impose a charge or
  110  assessment against the parcel or the owner of the parcel or
  111  which may be enforced by the Florida Department of Environmental
  112  Protection pursuant to chapter 376 or chapter 403.
  113         Section 3. Section 712.05, Florida Statutes, is amended to
  114  read:
  115         712.05 Effect of filing notice.—
  116         (1) A person claiming an interest in land or other right
  117  subject to extinguishment under this chapter a homeowners’
  118  association desiring to preserve a covenant or restriction may
  119  preserve and protect such interest or right the same from
  120  extinguishment by the operation of this chapter act by filing
  121  for record, at any time during the 30-year period immediately
  122  following the effective date of the root of title, a written
  123  notice in accordance with s. 712.06 this chapter.
  124         (2) A property owners’ association may preserve and protect
  125  a community covenant or restriction from extinguishment by the
  126  operation of this chapter by filing for record, at any time
  127  during the 30-year period immediately following the effective
  128  date of the root of title:
  129         (a) A written notice in accordance with s. 712.06; or
  130         (b) A summary notice in substantial form and content as
  131  required under s. 720.3032(2); or an amendment to a community
  132  covenant or restriction that is indexed under the legal name of
  133  the property owners’ association and references the recording
  134  information of the covenant or restriction to be preserved.
  135  Failure of a summary notice or amendment to be indexed to the
  136  current owners of the affected property does not affect the
  137  validity of the notice or vitiate the effect of the filing of
  138  such notice.
  139         (3)A Such notice under subsection (1) or subsection (2)
  140  preserves an interest in land or other such claim of right
  141  subject to extinguishment under this chapter, or a such covenant
  142  or restriction or portion of such covenant or restriction, for
  143  not less than up to 30 years after filing the notice unless the
  144  notice is filed again as required in this chapter. A person’s
  145  disability or lack of knowledge of any kind may not delay the
  146  commencement of or suspend the running of the 30-year period.
  147  Such notice may be filed for record by the claimant or by any
  148  other person acting on behalf of a claimant who is:
  149         (a) Under a disability;
  150         (b) Unable to assert a claim on his or her behalf; or
  151         (c) One of a class, but whose identity cannot be
  152  established or is uncertain at the time of filing such notice of
  153  claim for record.
  154  
  155  Such notice may be filed by a homeowners’ association only if
  156  the preservation of such covenant or restriction or portion of
  157  such covenant or restriction is approved by at least two-thirds
  158  of the members of the board of directors of an incorporated
  159  homeowners’ association at a meeting for which a notice, stating
  160  the meeting’s time and place and containing the statement of
  161  marketable title action described in s. 712.06(1)(b), was mailed
  162  or hand delivered to members of the homeowners’ association at
  163  least 7 days before such meeting. The property owners’
  164  homeowners’ association or clerk of the circuit court is not
  165  required to provide additional notice pursuant to s. 712.06(3)
  166  for a notice filed under subsection (2). The preceding sentence
  167  is intended to clarify existing law.
  168         (4)(2) It is shall not be necessary for the owner of the
  169  marketable record title, as described in s. 712.02 herein
  170  defined, to file a notice to protect his or her marketable
  171  record title.
  172         Section 4. Subsections (1) and (3) of section 712.06,
  173  Florida Statutes, are amended to read:
  174         712.06 Contents of notice; recording and indexing.—
  175         (1) To be effective, the notice referred to in s. 712.05,
  176  other than the summary notice and the amendment referred to in
  177  s. 712.05(2)(b), must shall contain:
  178         (a) The name or description and mailing address of the
  179  claimant or the property owners’ homeowners’ association
  180  desiring to preserve any covenant or restriction and the name
  181  and particular post office address of the person filing the
  182  claim or the homeowners’ association.
  183         (b) The name and mailing post office address of an owner,
  184  or the name and mailing post office address of the person in
  185  whose name the said property is assessed on the last completed
  186  tax assessment roll of the county at the time of filing, who,
  187  for purpose of such notice, shall be deemed to be an owner;
  188  provided, however, if a property owners’ homeowners’ association
  189  is filing the notice, then the requirements of this paragraph
  190  may be satisfied by attaching to and recording with the notice
  191  an affidavit executed by the appropriate member of the board of
  192  directors of the property owners’ homeowners’ association
  193  affirming that the board of directors of the property owners’
  194  homeowners’ association caused a statement in substantially the
  195  following form to be mailed or hand delivered to the members of
  196  that property owners’ homeowners’ association:
  197  
  198                STATEMENT OF MARKETABLE TITLE ACTION               
  199  
  200         The [name of property owners’ homeowners’ association] (the
  201  “Association”) has taken action to ensure that the [name of
  202  declaration, covenant, or restriction], recorded in Official
  203  Records Book ...., Page ...., of the public records of ....
  204  County, Florida, as may be amended from time to time, currently
  205  burdening the property of each and every member of the
  206  Association, retains its status as the source of marketable
  207  title with regard to the affected real property the transfer of
  208  a member’s residence. To this end, the Association shall cause
  209  the notice required by chapter 712, Florida Statutes, to be
  210  recorded in the public records of .... County, Florida. Copies
  211  of this notice and its attachments are available through the
  212  Association pursuant to the Association’s governing documents
  213  regarding official records of the Association.
  214  
  215         (c) A full and complete description of all land affected by
  216  such notice, which description shall be set forth in particular
  217  terms and not by general reference, but if said claim is founded
  218  upon a recorded instrument or a covenant or a restriction, then
  219  the description in such notice may be the same as that contained
  220  in such recorded instrument or covenant or restriction, provided
  221  the same shall be sufficient to identify the property.
  222         (d) A statement of the claim showing the nature,
  223  description, and extent of such claim or other right subject to
  224  extinguishment under this chapter or, in the case of a covenant
  225  or restriction, a copy of the covenant or restriction or a
  226  reference to the book and page or instrument number in which the
  227  same is recorded, except that it is shall not be necessary to
  228  show the amount of any claim for money or the terms of payment.
  229         (e) If such claim or other right subject to extinguishment
  230  under this chapter is based upon an instrument of record or a
  231  recorded covenant or restriction, such instrument of record or
  232  recorded covenant or restriction shall be deemed sufficiently
  233  described to identify the same if the notice includes a
  234  reference to the book and page in which the same is recorded.
  235         (f) Such notice shall be acknowledged in the same manner as
  236  deeds are acknowledged for record.
  237         (3) The person providing the notice referred to in s.
  238  712.05, other than a notice for preservation of a community
  239  covenant or restriction, shall:
  240         (a) Cause the clerk of the circuit court to mail by
  241  registered or certified mail to the purported owner of said
  242  property, as stated in such notice, a copy thereof and shall
  243  enter on the original, before recording the same, a certificate
  244  showing such mailing. For preparing the certificate, the
  245  claimant shall pay to the clerk the service charge as prescribed
  246  in s. 28.24(8) and the necessary costs of mailing, in addition
  247  to the recording charges as prescribed in s. 28.24(12). If the
  248  notice names purported owners having more than one address, the
  249  person filing the same shall furnish a true copy for each of the
  250  several addresses stated, and the clerk shall send one such copy
  251  to the purported owners named at each respective address. Such
  252  certificate shall be sufficient if the same reads substantially
  253  as follows:
  254  
  255         I hereby certify that I did on this ...., mail by
  256  registered (or certified) mail a copy of the foregoing notice to
  257  each of the following at the address stated:
  258  
  259  ...(Clerk of the circuit court)...
  260  of .... County, Florida,
  261  By...(Deputy clerk)...
  262  
  263  The clerk of the circuit court is not required to mail to the
  264  purported owner of such property any such notice that pertains
  265  solely to the preserving of any covenant or restriction or any
  266  portion of a covenant or restriction; or
  267         (b) Publish once a week, for 2 consecutive weeks, the
  268  notice referred to in s. 712.05, with the official record book
  269  and page number in which such notice was recorded, in a
  270  newspaper as defined in chapter 50 in the county in which the
  271  property is located.
  272         Section 5. Section 712.11, Florida Statutes, is amended to
  273  read:
  274         712.11 Covenant revitalization.—A property owners’
  275  homeowners’ association not otherwise subject to chapter 720 may
  276  use the procedures set forth in ss. 720.403-720.407 to revive
  277  covenants that have lapsed under the terms of this chapter.
  278         Section 6. Section 712.12, Florida Statutes, is created to
  279  read:
  280         712.12 Covenant or restriction revitalization by parcel
  281  owners not subject to a homeowners’ association.—
  282         (1) As used in this section, the term:
  283         (a) “Community” means the real property that is subject to
  284  a covenant or restriction that is recorded in the county where
  285  the property is located.
  286         (b) “Covenant or restriction” means any agreement or
  287  limitation imposed by a private party and not required by a
  288  governmental agency as a condition of a development permit, as
  289  defined in s. 163.3164, which is contained in a document
  290  recorded in the public records of the county in which a parcel
  291  is located and which subjects the parcel to any use restriction
  292  that may be enforced by a parcel owner.
  293         (c) “Parcel” means real property that is used for
  294  residential purposes and that is subject to exclusive ownership
  295  and any covenant or restriction that may be enforced by a parcel
  296  owner.
  297         (d) “Parcel owner” means the record owner of legal title to
  298  a parcel.
  299         (2) The parcel owners of a community not subject to a
  300  homeowners’ association may use the procedures set forth in ss.
  301  720.403-720.407 to revive covenants or restrictions that have
  302  lapsed under the terms of this chapter, except:
  303         (a) A reference to a homeowners’ association or articles of
  304  incorporation or bylaws of a homeowners’ association under ss.
  305  720.403-720.407 is not required to revive the covenants or
  306  restrictions.
  307         (b) The approval required under s. 720.405(6) must be in
  308  writing, and not at a meeting.
  309         (c) The requirements under s. 720.407(2) may be satisfied
  310  by having the organizing committee execute the revived covenants
  311  or restrictions in the name of the community.
  312         (d) The indexing requirements under s. 720.407(3) may be
  313  satisfied by indexing the community name in the covenants or
  314  restrictions as the grantee and the parcel owners as the
  315  grantors.
  316         (3) With respect to any parcel that has ceased to be
  317  governed by covenants or restrictions as of October 1, 2018, the
  318  parcel owner may commence an action by October 1, 2019, for a
  319  judicial determination that the covenants or restrictions did
  320  not govern that parcel as of October 1, 2018, and that any
  321  revitalization of such covenants or restrictions as to that
  322  parcel would unconstitutionally deprive the parcel owner of
  323  rights or property.
  324         (4) Revived covenants or restrictions that are implemented
  325  pursuant to this section do not apply to or affect the rights of
  326  the parcel owner which are recognized by any court order or
  327  judgment in any action commenced by October 1, 2019, and any
  328  such rights so recognized may not be subsequently altered by
  329  revived covenants or restrictions implemented under this section
  330  without the consent of the affected parcel owner.
  331         Section 7. Paragraph (e) is added to subsection (2) of
  332  section 720.303, Florida Statutes, to read:
  333         720.303 Association powers and duties; meetings of board;
  334  official records; budgets; financial reporting; association
  335  funds; recalls.—
  336         (2) BOARD MEETINGS.—
  337         (e) At the first board meeting, excluding the
  338  organizational meeting, which follows the annual meeting of the
  339  members, the board shall consider the desirability of filing
  340  notices to preserve the covenants or restrictions affecting the
  341  community or association from extinguishment under the
  342  Marketable Record Title Act, chapter 712, and to authorize and
  343  direct the appropriate officer to file notice in accordance with
  344  s. 720.3032.
  345         Section 8. Section 720.3032, Florida Statutes, is created
  346  to read:
  347         720.3032 Notice of association information; preservation
  348  from Marketable Record Title Act.—
  349         (1)Any property owners’ association desiring to preserve
  350  covenants from potential termination after 30 years by operation
  351  of chapter 712 may record in the official records of each county
  352  in which the community is located a notice specifying:
  353         (a)The legal name of the association.
  354         (b)The mailing and physical addresses of the association.
  355         (c)The names of the affected subdivision plats and
  356  condominiums or, if not applicable, the common name of the
  357  community.
  358         (d)The name, address, and telephone number for the current
  359  community association management company or community
  360  association manager, if any.
  361         (e)Indication as to whether the association desires to
  362  preserve the covenants or restrictions affecting the community
  363  or association from extinguishment under the Marketable Record
  364  Title Act, chapter 712.
  365         (f)A listing by name and recording information of those
  366  covenants or restrictions affecting the community which the
  367  association desires to be preserved from extinguishment.
  368         (g)The legal description of the community affected by the
  369  covenants or restrictions, which may be satisfied by a reference
  370  to a recorded plat.
  371         (h)The signature of a duly authorized officer of the
  372  association, acknowledged in the same manner as deeds are
  373  acknowledged for record.
  374         (2)Recording a document in substantially the following
  375  form satisfies the notice obligation and constitutes a summary
  376  notice as specified in s. 712.05(2)(b) sufficient to preserve
  377  and protect the referenced covenants and restrictions from
  378  extinguishment under the Marketable Record Title Act, chapter
  379  712.
  380  
  381  Notice of ...(name of association)... under s. 720.3032, Florida 
  382     Statutes, and notice to preserve and protect covenants and    
  383    restrictions from extinguishment under the Marketable Record   
  384              Title Act, chapter 712, Florida Statutes.            
  385  
  386         Instructions to recorder: Please index both the legal name
  387  of the association and the names shown in item 3.
  388         1. Legal name of association: ....
  389         2. Mailing and physical addresses of association: .... ....
  390         3.Names of the subdivision plats, or, if none, common name
  391  of community: ....
  392         4. Name, address, and telephone number for management
  393  company, if any: ................
  394         5. This notice does .... does not .... constitute a notice
  395  to preserve and protect covenants or restrictions from
  396  extinguishment under the Marketable Record Title Act.
  397         6. The following covenants or restrictions affecting the
  398  community which the association desires to be preserved from
  399  extinguishment:
  400  ...(Name of instrument)...
  401  ...(Official Records Book where recorded & page)...
  402  ...(List of instruments)...
  403  ...(List of recording information)...
  404         7. The legal description of the community affected by the
  405  listed covenants or restrictions is: ...(Legal description,
  406  which may be satisfied by reference to a recorded plat)...
  407         This notice is filed on behalf of ...(Name of
  408  association)... as of ...(Date)....
  409  ...(Name of association)...
  410  
  411  By: ....
  412  ...(Name of individual officer)...
  413  ...(Title of officer)...
  414  ...(Notary acknowledgment)...
  415  
  416         (3)A copy of the notice, as filed, must be included as
  417  part of the next notice of meeting or other mailing sent to all
  418  members.
  419         (4)The original signed notice must be recorded in the
  420  official records of the clerk of the circuit court or other
  421  recorder for the county.
  422         Section 9. Section 702.09, Florida Statutes, is amended to
  423  read:
  424         702.09 Definitions.—For the purposes of ss. 702.07 and
  425  702.08, the words “decree of foreclosure” shall include a
  426  judgment or order rendered or passed in the foreclosure
  427  proceedings in which the decree of foreclosure shall be
  428  rescinded, vacated, and set aside; the word “mortgage” shall
  429  mean any written instrument securing the payment of money or
  430  advances and includes liens to secure payment of assessments
  431  arising under chapters 718 and 719 and liens created pursuant to
  432  the recorded covenants of a property owners’ homeowners’
  433  association as defined in s. 712.01; the word “debt” shall
  434  include promissory notes, bonds, and all other written
  435  obligations given for the payment of money; the words
  436  “foreclosure proceedings” shall embrace every action in the
  437  circuit or county courts of this state wherein it is sought to
  438  foreclose a mortgage and sell the property covered by the same;
  439  and the word “property” shall mean and include both real and
  440  personal property.
  441         Section 10. Subsection (1) of section 702.10, Florida
  442  Statutes, is amended to read:
  443         702.10 Order to show cause; entry of final judgment of
  444  foreclosure; payment during foreclosure.—
  445         (1) A lienholder may request an order to show cause for the
  446  entry of final judgment in a foreclosure action. For purposes of
  447  this section, the term “lienholder” includes the plaintiff and a
  448  defendant to the action who holds a lien encumbering the
  449  property or a defendant who, by virtue of its status as a
  450  condominium association, cooperative association, or property
  451  owners’ homeowners’ association, may file a lien against the
  452  real property subject to foreclosure. Upon filing, the court
  453  shall immediately review the request and the court file in
  454  chambers and without a hearing. If, upon examination of the
  455  court file, the court finds that the complaint is verified,
  456  complies with s. 702.015, and alleges a cause of action to
  457  foreclose on real property, the court shall promptly issue an
  458  order directed to the other parties named in the action to show
  459  cause why a final judgment of foreclosure should not be entered.
  460         (a) The order shall:
  461         1. Set the date and time for a hearing to show cause. The
  462  date for the hearing may not occur sooner than the later of 20
  463  days after service of the order to show cause or 45 days after
  464  service of the initial complaint. When service is obtained by
  465  publication, the date for the hearing may not be set sooner than
  466  30 days after the first publication.
  467         2. Direct the time within which service of the order to
  468  show cause and the complaint must be made upon the defendant.
  469         3. State that the filing of defenses by a motion, a
  470  responsive pleading, an affidavit, or other papers before the
  471  hearing to show cause that raise a genuine issue of material
  472  fact which would preclude the entry of summary judgment or
  473  otherwise constitute a legal defense to foreclosure shall
  474  constitute cause for the court not to enter final judgment.
  475         4. State that a defendant has the right to file affidavits
  476  or other papers before the time of the hearing to show cause and
  477  may appear personally or by way of an attorney at the hearing.
  478         5. State that, if a defendant files defenses by a motion, a
  479  verified or sworn answer, affidavits, or other papers or appears
  480  personally or by way of an attorney at the time of the hearing,
  481  the hearing time will be used to hear and consider whether the
  482  defendant’s motion, answer, affidavits, other papers, and other
  483  evidence and argument as may be presented by the defendant or
  484  the defendant’s attorney raise a genuine issue of material fact
  485  which would preclude the entry of summary judgment or otherwise
  486  constitute a legal defense to foreclosure. The order shall also
  487  state that the court may enter an order of final judgment of
  488  foreclosure at the hearing and order the clerk of the court to
  489  conduct a foreclosure sale.
  490         6. State that, if a defendant fails to appear at the
  491  hearing to show cause or fails to file defenses by a motion or
  492  by a verified or sworn answer or files an answer not contesting
  493  the foreclosure, such defendant may be considered to have waived
  494  the right to a hearing, and in such case, the court may enter a
  495  default against such defendant and, if appropriate, a final
  496  judgment of foreclosure ordering the clerk of the court to
  497  conduct a foreclosure sale.
  498         7. State that if the mortgage provides for reasonable
  499  attorney fees and the requested attorney fees do not exceed 3
  500  percent of the principal amount owed at the time of filing the
  501  complaint, it is unnecessary for the court to hold a hearing or
  502  adjudge the requested attorney fees to be reasonable.
  503         8. Attach the form of the proposed final judgment of
  504  foreclosure which the movant requests the court to enter at the
  505  hearing on the order to show cause.
  506         9. Require the party seeking final judgment to serve a copy
  507  of the order to show cause on the other parties in the following
  508  manner:
  509         a. If a party has been served pursuant to chapter 48 with
  510  the complaint and original process, or the other party is the
  511  plaintiff in the action, service of the order to show cause on
  512  that party may be made in the manner provided in the Florida
  513  Rules of Civil Procedure.
  514         b. If a defendant has not been served pursuant to chapter
  515  48 with the complaint and original process, the order to show
  516  cause, together with the summons and a copy of the complaint,
  517  shall be served on the party in the same manner as provided by
  518  law for original process.
  519  
  520  Any final judgment of foreclosure entered under this subsection
  521  is for in rem relief only. This subsection does not preclude the
  522  entry of a deficiency judgment where otherwise allowed by law.
  523  The Legislature intends that this alternative procedure may run
  524  simultaneously with other court procedures.
  525         (b) The right to be heard at the hearing to show cause is
  526  waived if a defendant, after being served as provided by law
  527  with an order to show cause, engages in conduct that clearly
  528  shows that the defendant has relinquished the right to be heard
  529  on that order. The defendant’s failure to file defenses by a
  530  motion or by a sworn or verified answer, affidavits, or other
  531  papers or to appear personally or by way of an attorney at the
  532  hearing duly scheduled on the order to show cause presumptively
  533  constitutes conduct that clearly shows that the defendant has
  534  relinquished the right to be heard. If a defendant files
  535  defenses by a motion, a verified answer, affidavits, or other
  536  papers or presents evidence at or before the hearing which raise
  537  a genuine issue of material fact which would preclude entry of
  538  summary judgment or otherwise constitute a legal defense to
  539  foreclosure, such action constitutes cause and precludes the
  540  entry of a final judgment at the hearing to show cause.
  541         (c) In a mortgage foreclosure proceeding, when a final
  542  judgment of foreclosure has been entered against the mortgagor
  543  and the note or mortgage provides for the award of reasonable
  544  attorney fees, it is unnecessary for the court to hold a hearing
  545  or adjudge the requested attorney fees to be reasonable if the
  546  fees do not exceed 3 percent of the principal amount owed on the
  547  note or mortgage at the time of filing, even if the note or
  548  mortgage does not specify the percentage of the original amount
  549  that would be paid as liquidated damages.
  550         (d) If the court finds that all defendants have waived the
  551  right to be heard as provided in paragraph (b), the court shall
  552  promptly enter a final judgment of foreclosure without the need
  553  for further hearing if the plaintiff has shown entitlement to a
  554  final judgment and upon the filing with the court of the
  555  original note, satisfaction of the conditions for establishment
  556  of a lost note, or upon a showing to the court that the
  557  obligation to be foreclosed is not evidenced by a promissory
  558  note or other negotiable instrument. If the court finds that a
  559  defendant has not waived the right to be heard on the order to
  560  show cause, the court shall determine whether there is cause not
  561  to enter a final judgment of foreclosure. If the court finds
  562  that the defendant has not shown cause, the court shall promptly
  563  enter a judgment of foreclosure. If the time allotted for the
  564  hearing is insufficient, the court may announce at the hearing a
  565  date and time for the continued hearing. Only the parties who
  566  appear, individually or through an attorney, at the initial
  567  hearing must be notified of the date and time of the continued
  568  hearing.
  569         Section 11. Section 712.095, Florida Statutes, is amended
  570  to read:
  571         712.095 Notice required by July 1, 1983.—Any person whose
  572  interest in land is derived from an instrument or court
  573  proceeding recorded subsequent to the root of title, which
  574  instrument or proceeding did not contain a description of the
  575  land as specified by s. 712.01(7) s. 712.01(3), and whose
  576  interest had not been extinguished prior to July 1, 1981, shall
  577  have until July 1, 1983, to file a notice in accordance with s.
  578  712.06 to preserve the interest.
  579         Section 12. Section 720.403, Florida Statutes, is amended
  580  to read:
  581         720.403 Preservation of residential communities; revival of
  582  declaration of covenants.—
  583         (1) Consistent with required and optional elements of local
  584  comprehensive plans and other applicable provisions of the
  585  Community Planning Act, property owners homeowners are
  586  encouraged to preserve existing residential and other
  587  communities, promote available and affordable housing, protect
  588  structural and aesthetic elements of their residential
  589  community, and, as applicable, maintain roads and streets,
  590  easements, water and sewer systems, utilities, drainage
  591  improvements, conservation and open areas, recreational
  592  amenities, and other infrastructure and common areas that serve
  593  and support the residential community by the revival of a
  594  previous declaration of covenants and other governing documents
  595  that may have ceased to govern some or all parcels in the
  596  community.
  597         (2) In order to preserve a residential community and the
  598  associated infrastructure and common areas for the purposes
  599  described in this section, the parcel owners in a community that
  600  was previously subject to a declaration of covenants that has
  601  ceased to govern one or more parcels in the community may revive
  602  the declaration and the homeowners’ association for the
  603  community upon approval by the parcel owners to be governed
  604  thereby as provided in this act, and upon approval of the
  605  declaration and the other governing documents for the
  606  association by the Department of Economic Opportunity in a
  607  manner consistent with this act.
  608         (3) Part III of this chapter is intended to provide
  609  mechanisms for the revitalization of covenants or restrictions
  610  for all types of communities and property associations and is
  611  not limited to residential communities.
  612         Section 13. Section 720.404, Florida Statutes, is amended
  613  to read:
  614         720.404 Eligible residential communities; requirements for
  615  revival of declaration.—Parcel owners in a community are
  616  eligible to seek approval from the Department of Economic
  617  Opportunity to revive a declaration of covenants under this act
  618  if all of the following requirements are met:
  619         (1) All parcels to be governed by the revived declaration
  620  must have been once governed by a previous declaration that has
  621  ceased to govern some or all of the parcels in the community;
  622         (2) The revived declaration must be approved in the manner
  623  provided in s. 720.405(6); and
  624         (3) The revived declaration may not contain covenants that
  625  are more restrictive on the parcel owners than the covenants
  626  contained in the previous declaration, except that the
  627  declaration may:
  628         (a) Have an effective term of longer duration than the term
  629  of the previous declaration;
  630         (b) Omit restrictions contained in the previous
  631  declaration;
  632         (c) Govern fewer than all of the parcels governed by the
  633  previous declaration;
  634         (d) Provide for amendments to the declaration and other
  635  governing documents; and
  636         (e) Contain provisions required by this chapter for new
  637  declarations that were not contained in the previous
  638  declaration.
  639         Section 14. Subsections (1), (3), (5), and (6) of section
  640  720.405, Florida Statutes, are amended to read:
  641         720.405 Organizing committee; parcel owner approval.—
  642         (1) The proposal to revive a declaration of covenants and
  643  an a homeowners’ association for a community under the terms of
  644  this act shall be initiated by an organizing committee
  645  consisting of not less than three parcel owners located in the
  646  community that is proposed to be governed by the revived
  647  declaration. The name, address, and telephone number of each
  648  member of the organizing committee must be included in any
  649  notice or other document provided by the committee to parcel
  650  owners to be affected by the proposed revived declaration.
  651         (3) The organizing committee shall prepare the full text of
  652  the proposed articles of incorporation and bylaws of the revived
  653  homeowners’ association to be submitted to the parcel owners for
  654  approval, unless the association is then an existing
  655  corporation, in which case the organizing committee shall
  656  prepare the existing articles of incorporation and bylaws to be
  657  submitted to the parcel owners.
  658         (5) A copy of the complete text of the proposed revised
  659  declaration of covenants, the proposed new or existing articles
  660  of incorporation and bylaws of the homeowners’ association, and
  661  a graphic depiction of the property to be governed by the
  662  revived declaration shall be presented to all of the affected
  663  parcel owners by mail or hand delivery not less than 14 days
  664  before the time that the consent of the affected parcel owners
  665  to the proposed governing documents is sought by the organizing
  666  committee.
  667         (6) A majority of the affected parcel owners must agree in
  668  writing to the revived declaration of covenants and governing
  669  documents of the homeowners’ association or approve the revived
  670  declaration and governing documents by a vote at a meeting of
  671  the affected parcel owners noticed and conducted in the manner
  672  prescribed by s. 720.306. Proof of notice of the meeting to all
  673  affected owners of the meeting and the minutes of the meeting
  674  recording the votes of the property owners shall be certified by
  675  a court reporter or an attorney licensed to practice in the
  676  state.
  677         Section 15. Subsection (3) of section 720.407, Florida
  678  Statutes, is amended to read:
  679         720.407 Recording; notice of recording; applicability and
  680  effective date.—
  681         (3) The recorded documents shall include the full text of
  682  the approved declaration of covenants, the articles of
  683  incorporation and bylaws of the homeowners’ association, the
  684  letter of approval by the department, and the legal description
  685  of each affected parcel of property. For purposes of chapter
  686  712, the association is deemed to be and shall be indexed as the
  687  grantee in a title transaction and the parcel owners named in
  688  the revived declaration are deemed to be and shall be indexed as
  689  the grantors in the title transaction.
  690         Section 16. This act shall take effect October 1, 2018.

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