General Standing
Legislation Committee

Current RPPTL Legislative Positions

Final 2016 Post Session Report

THE FLORIDA BAR BOARD OF GOVERNORS’ TRANSMITTALS CONFIRMING APPROVAL OF POSITIONS FOR ADVOCACY

2014 Probate Trust Legislative Tracking Chart

2014 Real Property Legislative Tracking Chart

2013 Legislative Tracking Chart

2012 Legislative Tracking Chart

2011 Legislative Tracking Chart

2010 Legislative Tracking Chart

2011 RPPTL ADVOCACY POSITIONS: PROBATE & TRUST DIVISION

2011 RPPTL ADVOCACY POSITIONS: REAL PROPERTY DIVISION

2010 RPPTL ADVOCACY POSITIONS: PROBATE & TRUST DIVISION

2010 RPPTL ADVOCACY POSITIONS: REAL PROPERTY DIVISION

2009 RPPTL ADVOCACY POSITIONS: PROBATE & TRUST DIVISION

2009 RPPTL ADVOCACY POSITIONS: REAL PROPERTY DIVISION

SELECTED HOLDOVER POSITIONS: PROBATE AND TRUST


SELECTED HOLDOVER POSITIONS: REAL PROPERTY

ARCHIVED MATERIALS

THE FLORIDA BAR BOARD OF GOVERNORS’ TRANSMITTALS CONFIRMING APPROVAL OF POSITIONS FOR ADVOCACY

Link to TFB/BOG Website for Approved Positions

TFB/BOG Reactivation of 2008-2010 Legislative Positions for the 2010-2012 Biennium

TFB/BOG Supplemental Approval Notice, January 20, 2010 Meeting

TFB/BOG Supplemental Approval Notice, December 14, 2010 Meeting

TFB/BOG Supplemental Approval Notice, June 22, 2010 Executive Committee Meeting

TFB/BOG Supplemental Approval Notice, March 31, 2010 Executive Committee Meeting

TFB/BOG Supplemental Approval Notice, January 29, 2010 Meeting

TFB/BOG Supplemental Approval Notice, December 15, 2009 Meeting

TFB/BOG Supplemental Approval Notice, December 12, 2008 Meeting

TFB/BOG Supplemental Approval Notice, July 25, 2008 Meeting

TFB/BOG Supplemental Approval Notice, July 17, 2009 Meeting

TFB/BOG Supplemental Approval Notice, September 25, 2009 Meeting

2011 RPPTL ADVOCACY POSITIONS: PROBATE & TRUST DIVISION

LLCs:

Support Clarification of Creditor Remedies Against LLC Members (RPPTL Approval September 25, 2010, TFB BOG Approval [AWAITING MEETING]

Support clarification that the charging order lien is the sole and exclusive remedy which judgment creditors of a member use to satisfy a judgment from a judgment debtor’s membership interests in a multi-member LLC, including an amendment to F.S. §608.433.

Olmstead v. FTC (Fla. 2010)

Legislative Position Request Form

Proposed Bill Text

White Paper

2011 RPPTL ADVOCACY POSITIONS: REAL PROPERTY DIVISION

2010 RPPTL ADVOCACY POSITIONS: PROBATE & TRUST DIVISION

ATTORNEY'S FEES:

Support Clarification of Trust Fee and Cost Deadlines (RPPTL Approval September 25, 2010, 2010, TFB BOG Approval December 10, 2010)

Support clarification of the deadline for seeking attorney's fees and costs in trust proceedings, including an amendment to F.S. 736.0201.

Legislative Position Request Form

Proposed Bill Text

White Paper

GUARDIANS:

Opposition to adoption of the Uniform Adult Guardianship and Protective Services Act (RPPTL Approved January 16, 2010/TFB BOG Approved January 29, 2010)

Oppose the adoption of the Uniform Adult Guardianship and Protective Proceedings Act.

Legislative Position Request Form

No Bill Text (Position Opposes)

White Paper

IRA:

Support Clarification of Exempt Treatment of IRA (RPPTL Approval November 6, 2010, TFB BOG Approval December 10, 2010)

Support clarification of the treatment of an inherited individual retirement account as defined in s. 408(c)(3) of the Internal Revenue Code, as a fund or account exempt from claims of creditors of the owner, beneficiary, or participant, including an amendment to s. 222.21, Florida Statutes.

Legislative Position Request Form

Proposed Bill Text

White Paper

MINORS:

Health Care Surrogate for Minors (RPPTL Approved January 16, 2010/TFB BOG Approved January 29, 2010)

Supports legislation to allow a parent, legal guardian or legal custodian of a minor child to designate a health care surrogate to make health care decisions for the minor if the parent, legal guardian or legal custodian is not reasonably available.

Legislative Position Request Form

Proposed Bill Text

White Paper

POWER OF ATTORNEY:

Power of Attorney (RPPTL Approval November 6, 2010, TFB BOG Approval December 10, 2010)

Support adoption of Uniform Power of Attorney Act with Florida modifications, including repeal of Chapter 709, Florida Statute

Legislative Position Request Form

Proposed Bill Text

White Paper

REVOCATION:

Revocation Of A Will Or A Revocable Trust Challenge (RPPTL Approval November 6, 2010, TFB BOG Approval December 10, 2010)

Support amendments providing that the revocation of a will or a revocable trust can be challenged on the grounds of fraud, duress, mistake or undue influence after the death of the testator or settlor, including proposed amendments to F.S. 732.5165, 732.518, 736.0207, 736.0406 and 744.441.

Legislative Position Request Form

Proposed Bill Text

White Paper

SPOUSAL SHARE:

Support Amendment of Intestate Spousal Share (RPPTL Approval September 25, 2010, TFB BOG Approval December 10, 2010)

Support a decedent's surviving spouse's receipt of 100% of an intestate estate, provided all of the decedent's descendants are also descendants of the surviving spouse and the surviving spouse does not have any other descendants, otherwise the surviving spouse shall receive 50% of the intestate estate, amending Section 732.102

Legislative Position Request Form

Proposed Bill Text

White Paper

TAX:

Estate Tax Glitch Bill (RPPTL Approved January 16, 2010/TFB BOG Approved January 29, 2010)

Support amendment of the Florida Probate Code and the Florida Trust Code to add new provisions in each to permit a court to construe provisions in wills and trusts that relate to the federal estate and generation-skipping transfer taxes in light of the unexpected suspension of these taxes for 2010 only, so as to give effect to the intent of the trust settlor or decedent.

Legislative Position Request Form

Proposed Bill Text

White Paper

WILLS:

Self Serving Execution Proofs (RPPTL Approved January 16, 2010/TFB BOG Approved January 29, 2010)

Support legislation that would permit a self proving affidavit or oath of an attesting witness to a will to be admitted into evidence in a will contest to establish prima facie evidence of due execution and attestation of a will.

Legislative Position Request Form

Proposed Bill Text

White Paper

Will Reform And Modification (RPPTL Approval November 6, 2010, TFB BOG Approval December 10, 2010)

Permitting the reform and modification of wills in Florida and to provide for an award of taxable fees and costs, including attorneys fees and guardian ad litem fees in such actions, including creating sections 732.615, 732.616, and 733.1061

Legislative Position Request Form

Proposed Bill Text

White Paper

2010 RPPTL ADVOCACY POSITIONS: REAL PROPERTY DIVISION

Support Distressed Condominium Act Clarifications (RPPTL Approval September 25, 2010, 2010, TFB BOG Approval December 10, 2010) .

Support amendments to the Florida Condominium Act; to clarify the definitions of bulk assignee and bulk buyer; to clarify the liabilities of a bulk assignee and bulk buyer; to clarify provisions pertaining to appointment of directors and transition of control; to clarify bulk assignee responsibilities for financial information and disclosures to be provided to purchasers; to create an exemption from disclosures if all units are being conveyed in bulk to a single purchaser; to clarify the application of the part to acquisitions occurring on or after July 1, 2010; to provide an effective date

Legislative Position Request Form

Proposed Bill Text

White Paper

Support HOA Act Telecommunications Contracting Authority (RPPTL Approval September 25, 2010, TFB BOG Approval December 10, 2010)


Support clarification to the Homeowners' Association Act, to authorize and provide procedures for homeowners associations to enter into communications and internet services contracts on a bulk rate basis; to provide the ability for homeowners to cancel the bulk rate contract upon a proper vote; to permit certain defined homeowners to opt out of communications or internet services contracts and not have to pay for the portion of the contract price allocated to such homeowner's property; to provide a right of access for owners and residents to franchised providers other than the bulk contract providers; to provide an effective date.

Legislative Position Request Form

Proposed Bill Text

White Paper

CONDOMINIUMS:

Construction Warranty Revision (RPPTL Approved January 16, 2010/TFB BOG Approved January 29, 2010)

Support amendment of F.S. §718.203, Florida Statutes, amending to add electrical elements to three-year warranty, extend subcontractor and supplier warranties to the contractor and to clarify start date for five-year warranty deadline set forth in F.S. §718.203(1)(e).

Legislative Position Request Form

Proposed Bill Text

White Paper

CONSTRUCTION:

Design Professional Liability (RPPTL Executive Council Approval, March 8, 2010/TFB BOG Executive Committee Approval March 31, 2010)

Oppose attempt to abolish causes of action for professional negligence against architects, engineers, surveyors and mappers for economic damages caused by their negligence under the guise of re-applying the economic loss rule in a manner rejected by the Supreme Court in the decision in Moransais v. Heathman, 744 So.2d 973 (Fla. 1999) [Opposition: No proposed bill text.]

Legislative Position Request Form

White Paper

CONTRACTORS' LIENS:

Supports Construction Lien Law Defining Landlord Options (RPPTL Approval September 25, 2010, TFB BOG Approval December 10, 2010)

Support defining options for landlords to protect against construction liens arising from work authorized by tenants, including amendments to §§713.10 and 713.13, Florida Statutes

Legislative Position Request Form

Proposed Bill Text

White Paper

CONTRACTS:

Support Repeal of Statutory Requirment of Windstorm Form Attachement to Contracts (RRPTL Approval June 11, 2010, TFB BOG Approved June 18, 2010)

Supports repeal of F. S. §689.262(2008), providing for disclosure of windstorm mitigation rating, including supporting an override of the veto of H.B 545

Legislative Position Request Form

White Paper

FORECLOSURES:

Objection to adoption of Non-Judicial Foreclosure without Due Process Protections (RPPTL Approved January 16, 2010/TFB BOG Approved January 29, 2010)

Oppose any amendment to existing Florida law governing real property foreclosures unless those amendments carefully preserve and protect the property rights and due process rights of the holders of interests in or affecting Florida real property.

Legislative Position Request Form

No Bill Text (Position Opposes Concept)

White Paper

Support Internet Notice of Sales (RPPTL Approval September 25, 2010, TFB BOG Approval December 10, 2010)

Support expanded publication of notices of judicial sales, permitting Notices to be posted on the Internet, including amendments to F.S. Chapters 45, 50 and 702

Legislative Position Request Form

Proposed Bill Text

White Paper

TITLE INSURANCE:

Support Title Insurance Regulation Clarification (RPPTL Executive Council Approval August 23, 2010/ TFB BOG Approval September 16, 2010)

Support clarification of title insurance regulations to avoid over-reaching application that would include regulation of attorney’s and the attorney-client relationship, and undermining the ability of agents to adequately provide services, including revisions to proposed Draft Rule 69B-210.010.

Legislative Position Request Form

No Bill Text (Position Opposes Concept)

White Paper

2009 RPPTL ADVOCACY POSITIONS: PROBATE & TRUST DIVISION

ADMINISTRATION:

Proposed Revisions to 733.607, 733.707 AND 736.05053 (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

To clarify that a decedent’s will and revocable trust must be read together in determining the source of payment of administration expenses and obligations of the decedent’s estate, and the order in which gifts under a will and trust are appropriated to pay expenses and obligations if an estate is insolvent.

Legislative Position Request Form

Proposed Bill Text

White Paper

GUARDIANS:

Incapacity Definition (RPPTL Approved December 6, 2008/TFB BOG Approved January 30, 2009/BOG Approval September 25, 2009)

Support amendment of F.S. §731.201(21) to replace the definition of “incompetent” with “incapacitated person”, as well as making consistent changes to F.S. §733.201(3) and F.S. §733.504(1). The proposed change would replace the term “incompetent” in F.S. §731.201(21) of the Florida Probate Code with the term “incapacitated person” as defined in F.S. §744.102(12) of the Florida Guardianship Code and would make corresponding changes in other sections of the Florida Probate Code which use the words “incompetent” and “incompetency”, all for the purpose of reflecting consistency between the Florida Probate Code and the Florida Guardianship Code.

Legislative Position Request Form and White Paper

Proposed Bill Text

Veterans Guardianship Fees (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Supports clarification of the definition of “income” for calculating Veterans guardianship fees, including an amendment to §744.604, Fla. Stat.”

Legislative Position Request Form

Proposed Bill Text

White Paper

HOMESTEAD:

Alienation of Homestead Real Estate (RPPTL Executive Council Approved August 1, 2009/BOG Approval September 25, 2009)

Support enactment of F.S. § 732.4017. The purpose of the proposed new statute is to confirm that alienation of homestead real estate by the property owner(s) is permissible as provided in Article X, Section 4(c) of the Florida Constitution and will provide guidance to the residents of Florida and the courts as to what types of alienations of homestead property are proper.

Legislative Position Request Form

Proposed Bill Text

White Paper

Homestead Post Death Disclaimer 732-401 and 732-4015 (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Supports legislation to clarify post-death disclaimers of homestead interests and provide for a defined result upon such a disclaimers, including amendments to F.S. §§ 732.401 and 732.4015.

Legislative Position Request Form

Proposed Bill Text

White Paper

Homestead Spouse Election 732.401 and 744.444(9) (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

To provide a surviving spouse with an election between a life estate interest or a tenancy in common interest in the homestead property which would also allow either the descendants or the surviving spouse to partition the property if necessary, including amendments to F.S. §§ 732.401 and 744.444(9).

Legislative Position Request Form

Proposed Bill Text

White Paper

Tenancies - No Homestead Forced Descent (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Clarification that forced descent of homestead property pursuant to F.S. § 732.401 does not apply to property which is held either as a joint tenancy with right of survivorship or as a tenancy by the entireties.

Legislative Position Request Form

Proposed Bill Text

White Paper

Paternity (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Supports legislation to clarify that the laws for determining paternity and relationships for purposes of intestate succession will apply in determining whether class gifts or terms of relationship set forth in wills and trusts include adopted persons or persons born out of wedlock, including amendments to Amendments Section 732.608 and 736.1102.

Legislative Position Request Form

Proposed Bill Text

White Paper

POWERS:

Power of Attorney Name (RPPTL Executive Council Approved August 1, 2009/BOG Approval September 25, 2009)

Support amendment of F.S. 655.934 to replace “durable family power of attorney” with “durable power of attorney.”

Legislative Position Request Form

Proposed Bill Text

White Paper

PROBATE ADMIN:

Caveats (RPPTL Executive Council Approved August 1, 2009/BOG Approval September 25, 2009)

Support allowing the filing of a pre-death caveat by an interested party to a probate proceeding, other than a creditor of the estate, and to remove inconsistencies with Fla. Prob. R. 5.260, including amending F. S. §731.110.

Legislative Position Request Form

Proposed Bill Text

White Paper

Divorce Presumption Removes Ex Spouse (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Supports creation of a new statute, F.S. § 732.703, which would provide a rebuttable presumption that, upon the death of a Florida resident, a surviving former spouse would not inherit certain assets or accounts, including but not limited to life insurance, annuities, IRAs, transfer-on-death accounts and pay-on-death accounts, and would be treated as if they predeceased the decedent, subject to certain exceptions.

Legislative Position Request Form

Proposed Bill Text

White Paper

Spousal Rights Procured by Fraud (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Support legislation that would permit a challenge to certain property and inheritance rights that inure to a surviving spouse who procures a marriage to a decedent by fraud, duress, or undue influence.

Legislative Position Request Form

Proposed Bill Text

White Paper

PROBATE ADMIN: NOTICE

Formal Notice (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Supports clarification that probate formal notice is actually a particular form of notice not just a document or just a method of service, including amendments to F.S. § 731.110, F.S. §731.201, F.S. 731.301, F.S. §733.2123, F.S. §733.608, F.S. §735.203.

Legislative Position Request Form

Proposed Bill Text

White Paper

REMAINS:

Disposition of Remains (RPPTL Executive Committee Approved August 1, 2009/BOG Approval September 25, 2009)[Please Refer to 2010 Updated Position]

To clarify a person’s right to direct disposition of his or her remains, providing guidance to courts and family members, especially when disputes arise, and absent specific directions, clarifying who is authorized to decide the place and manner of the disposition of a decedent’s remains, including an amendment replacing F.S. § 732.804.

Legislative Position Request Form

Proposed Bill Text

White Paper

TAXES, GIFT:

Proposed Revision to §736.0505, Fla. Stat. (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

To clarify that two annual gift tax exclusion amounts are exempt from the claims of creditors of a trust beneficiary having a power to withdraw trust assets when contributions to the trust are made by a married person whose spouse makes a “split gift election” under the Internal Revenue Code.

Legislative Position Request Form

Proposed Bill Text

White Paper

TRUSTS:

Trustee Duty Ins 736-0902 518-112 ILIT (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Support amendment of the Florida Trust Code to add new provisions limiting certain trustee fiduciary duties with respect to policies of insurance on the life of the settlor if the limitations are consented to by the settlor or the qualified beneficiaries of the trust; support amendment of F.S. s. 518.112 to harmonize notice procedures under that statute with notice procedures in the Florida Probate Code and the Florida Trust Code.

Legislative Position Request Form

Proposed Bill Text

White Paper

Trusts: Compensation: Amend Florida Trust Code §§736.0206 & 736.1007 with respect to Proceedings to Determine Reasonable Compensation (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Deletes duplicative statutory provisions on court review of attorneys fees of trustees, deletes redundant notice provisions, and provides that in judicial proceedings to determine compensation for a trustee or person employed by a trustee, the court has discretion to award a reasonable expert witness fee from the assets of the trust unless it finds that the expert testimony did not assist the court.

Legislative Position Request Form

Proposed Bill Text

White Paper

WILLS:

Safety Deposit Boxes (RPPTL Executive Council Approved August 1, 2009/BOG Approval September 25, 2009)

Support requiring financial institutions to create a record memorializing any items removed from a safe deposit box, including amendment of F.S. §655.935.

Legislative Position Request Form

Proposed Bill Text

White Paper

2009 RPPTL ADVOCACY POSITIONS: REAL PROPERTY DIVISION

BEACHES :

Beach Access (RPPTL Executive Council Approved March 25, 2009/BOG Approval September 25, 2009)

Oppose legislation expanding definition of sovereign beaches, public beaches or beach access rights over privately owned property without due process of law or compensation for taking of private property rights. Proposed beach access legislation would unconstitutionally define “sovereign beach” to include the portion of a sandy beach lying seaward of the erosion control line. For beach property where the erosion control line lies landward of the mean high water line, this proposal would be an uncompensated public taking of the strip of private property lying between those two lines. Further, this proposal would criminalize a property owner who denies beach access over property in which public rights have not been granted by the owner nor been established judicially.

Legislative Position Request Form

White Paper

BULK SALES :

Opposing Notice of Bulk Sales of Corporate Assets (RPPTL Executive Council Approved March 9, 2009/TFB BOG Approved July 17, 2009)

Oppose amendment of F.S. §607.1202 and §608.4262 to require a Florida corporation or limited liability company to publish notice of its proposed sale of assets other than in regular course of business, or to publish notice of dissolution. This proposed amendment would require a Florida corporation or LLC to publish a legal notice at least 10 days prior to a proposed sale of assets other than in the regular course of business that would result in a discontinuation of the seller’s business. It would require publication of a legal notice when such a company files dissolution papers with the Department of State. It is designed to provide information to the seller’s creditors for filing claims for unpaid debts, and its creditor protection objectives are similar to former UCC Article 6 regarding notice of bulk sales (repealed in Florida in 1993), except that this proposed publication requirement is not limited to sales of personal property (i.e., it would apply to sales of real property). This proposal imposes an additional burden on commercial transactions, unnecessarily duplicates existing provisions in F.S. F.S. §607.1406, §607.1407 and §608.4421 regarding the payment of creditors of dissolving Florida corporations and LLCs, and places Florida business entities at a competitive disadvantage to out-of-state entities

Legislative Position Request Form and White Paper

COMMUNITY ASSOCIATIONS :

Changes to Chapter 718, 719 and 720 (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Support clarification to the Condominium, Cooperative and Homeowners’ Association Acts, to clarify and amend duties of owners, directors and associations to each other, including definition of common expenses; protection of private information; bulk buyer rights; and, procedures for: restriction amendments, records access, financial reporting, assessment levy and collection, delinquent collection of assessments from tenants and resulting suspension of rights, payment of delinquent assessments, meeting notice, election procedures; and, disclosures to purchasers.

Legislative Position Request Form

Proposed Bill Text

White Paper

CONSTITUTION:

Opposition to Proposed Constitutional Amendment Concerning Comprehensive Plans (So called "Hometown Democracy") (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Opposes amendment of Article II, §7 of the Florida Constitution ( “Hometown Democracy”) that would remove a local government’s authority to adopt a local comprehensive plan, or amend a local comprehensive plan, without a vote by referenda by the general electorate.

Legislative Position Request Form

Proposed Amendment Text

White Paper

CONSTRUCTION:

LIENS:

Hidden Liens (RPPTL Executive Council Approved August 1, 2009/BOG Approval September 25, 2009)

Supports amendment to s. 695.01 and ch. 162 to reduce problems regarding hidden liens by (i) requiring all governmental liens (other than taxes, special assessments and those for utility services) to be recorded in the official records and to state their priority; (ii) clarifying the priority of liens asserted by local governments; and (iii) expanding the homestead determination mechanisms of s. 222.01 to apply to other types of lien.

Legislative Position Request Form

Proposed Bill Text

White Paper

LITIGATION:

Lis Pendens (RPPTL Approved December 6, 2008/TFB BOG Approved January 30, 2009)

Support amendment of the lis pendens statute, F.S. §48.23, to (i) permit transfer of property where the lis pendens has been discharged, (ii) require a notice of lis pendens to include either the date of the action or the case number, (iii) extend the time for holders of unrecorded interests to intervene, and (iv) require that a court control a lis pendens based on an unrecorded instrument as it would an injunction.

Legislative Position Request Form

Proposed Bill Text

White Paper

MORTGAGE LAW:

Glitch Bill to Exempt Attorneys, Title Agents, Pro Bono Programs, Legal Aid Clinics and those contracted by Mortgage Holders from Section 501.1377 (RPPTL Section Approved January 30, 2009)

Support glitch amendment to F.S. 501.1377 to exclude lawyers, law firms, pro-bono and legal aid programs, title agents and the servicing, restructuring and workout companies employed by the holders of mortgages from the definition of “foreclosure rescue consultant. As enacted in 2008, F.S. 501.1377 raised concern as to whether certain desirable activities, such as providing legal representation to parties in a residential mortgage foreclosure, would be classified as “Unfair and Deceptive Trade Practices.” In addition, title insurance agents and other service providers arguably fell within the scope of the Act if their services were used in connection with an agreed restructuring, refinancing or sale to assist a homeowner in avoiding foreclosure. This proposed amendment to F.S. 501.1277 would address this concern by expressly exempting certain parties from the scope of the statute.

Legislative Position Request Form

Proposed Bill Text

White Paper

RECORDING:

UPERA Glitch Bill (RPPTL Executive Council Approved August 1, 2009/BOG Approval September 25, 2009)

Support legislation retroactively and prospectively ratifying the validity of all electronic documents submitted to and accepted by a county recorder for recordation, whether or not such electronic documents were in strict compliance with the statutory or regulatory framework then in effect and that all such filings be deemed to provide constructive notice.

Legislative Position Request Form

Proposed Bill Text

White Paper

TITLE INSURANCE:

Title Insurance (RRPTL Approved January 30, 2009/TFB BOG Approved April 3, 2009)

Opposes adoption of a “file and use” system for the determination of title insurance rates in the State of Florida, supplanting a promulgated rate system in which the state regulatory agency determines rates based on actuarial analysis of statutorily determined criteria. Please see White Paper.

Legislative Request Form and White Paper

Title Insurance Study (RPPTL Executive Council Approved September 26, 2009/BOG Approval December 15, 2009)

Support “Recommendations to the Title Insurance Study Advisory Council” concerning the providing and regulation of title insurance (No white paper, rationale included in the Recommendations).

Legislative Position Request Form

Recommendations to theTitle Insurance Study Advisory Council - 9/25/09

TAX - REAL PROPERTY:

Change of Real Property Ownership Notice to Property Appraiser (RPPTL Approved September 20, 2008/TFB BOG Rollover Approval December 12, 2008 meeting)

Supports clarification of F.S. 193.1556 regarding: (i) whether a separate notice to the property appraiser of a change of ownership of real property is required when the real property is conveyed by an instrument recorded in the public records; (ii) whether any notice to the property appraiser is required pursuant to the statute with respect to transfers of interests in publicly traded companies or parent companies; and, (iii) whether the statute requires disclosure of the identity of beneficial owners of trusts or of business entities.

Legislative Position Request Form

White Paper

SELECTED HOLDOVER POSITIONS: PROBATE AND TRUST

EVIDENCE:

Fiduciary Lawyer-Client Privilege (RPPTL Executive Council Approval December 1, 2005/ BOG Approval Rollover)

Supports clarification of the Florida Evidence Code to ensure ensure that communications between a lawyer and client acting as a fiduciary in estate and trust related matters are privileged to the same extent as if the client were not acting as a fiduciary, including creating a new code provision, §90.5021. [Bill text, white paper and Legislative Position Request Form combined in one "Supporting Materials" document.]

Original 2005 Supporting Materials

MINORS:

“Minor” Definition, s.731.201 (RPPTL Approved September 20, 2008/TFB BOG Approved December 12, 2008)

The existing Florida Probate Code uses the term “minor” but does not define it. This proposed legislation would add a definition of “minor” to §731.201 of the Florida Probate Code that is consistent with the Florida Guardianship Code , F.S. Chapter 744, and would renumber subsequent subsections.

Legislative Position Request Form

White Paper

PATERNITY:

Limitations Period for Paternity (RPPTL Approved September 20, 2008/TFB BOG Approved December 12, 2008)

Support amendment of F.S. §732.108(2) to provide that the four year statute of limitations under F.S. §95.11(3)(b) does not apply to actions to establish paternity under §732.108(2) after the death of the alleged father.

Proposed Bill Text, White Paper and Legislative Request Form

PRINCIPAL & INCOME:

Payment Characterization (RPPTL Approved July 26, 2008/TFB BOG Approved October 15, 2008)

Support amending §738.602 of the Florida Statutes to provide a method for trustees to characterize payments from deferred compensation plans, annuities, retirement plans, IRAs or other similar arrangements as principal or income when payable to a trust named as the beneficiary. The proposed statute provides more complete definitions and guidance than the current version .

Legislative Position Request, White Paper and Proposed Bill Text

PROBATE ADMIN:

Elective Share Clarifications (RPPTL Approved September 20, 2008/TFB BOG Approved December 12, 2008)

Support amendments of the elective share statutes (i) to clarify that transfers made in satisfaction of the elective share are inter vivos transfers, (ii) to clarify that the elective estate excludes certain assets under the community property laws of Florida or of any other state, (iii) to clarify the treatment of nonqualifying trusts under FS 732.2075, (iv) to clarify FS 732.2075 regarding contributions from direct recipients of assets within the elective estate, and (v) to amend FS 732.2135 regarding the assessment of attorney’s fees when a spouse withdraws an election.

Legislative Position Request Form

Proposed Bill Text

White Paper

Summary Administration Petitioner (RPPTL Approved July 26, 2008/TFB BOG Approved October 15, 2008)

Amend F.S. section 735.203 to clarify that if the petitioner of a petition for summary administration is also the trustee of a trust that is a beneficiary of the decedent’s estate, the beneficiaries of the trust are interested persons in terms of being entitled to notice of the petition for summary administration and, if not served with formal notice of the petition, must either consent to the relief being sought in the petition or join in the petition as a petitioner. [No White Paper.]

Legislative Request Form with Proposed Bill Text

TRUSTS:

Power of Appointment Re Trust Beneficiary (RPPTL Approved July 26, 2008/TFB BOG Approved October 15, 2008)

Support amending §§736.0302 and 736.0103(4) of the Florida Statutes to provide that a “permissible appointee” under a power of appointment is not a “beneficiary” of a trust unless the power of appointment is irrevocably exercised in favor of the appointee, and that the potential interests of permissible appointees can be represented by those who take the trust property if the power of appointment is not exercised.

Legislative Review Form, White Paper and Bill Text

Trustee Authority to Designate Representative (RPPTL Approved July 26, 2008/TFB BOG Approved October 15, 2008)

Support amendment of F.S. §736.0306 to provide that a trustee cannot be given authority to appoint “designated representatives” for trust beneficiaries to whom the trustee can account in lieu of accounting directly to the beneficiaries.

Legislative Position Form with White Paper and Proposed Bill Text

Trustee Providing Complete Copy of Trust (RPPTL Approved July 26, 2008/TFB BOG Approved October 15, 2008)

Support amendment of F.S. §736.0813 to clarify the meaning of the requirement that a trustee furnish qualified beneficiaries with a “complete copy” of a trust document.

Legislative Request Form with White Paper and Proposed Bill Text

WILLS:

Disclaimers F.S. Chapter §739 (RPPTL Approved September 20, 2008/TFB BOG Rollover Approval December 12, 2008 meeting)

Support (1) amendment of F.S. §739.201 to add a savings provision protecting against inadvertent disqualification of certain post-mortem disclaimers under Section 2518 of the Internal Revenue Code, (2) amendment of §739.402(2)(a) to correct a typographical error, and (3) amendment of §739.501 to clarify interpretation of Florida’s long-standing statutory prohibition on disclaimers by insolvent persons.

Legislative Position Request Form

White Paper

SELECTED HOLDOVER POSITIONS: REAL PROPERTY

CONSTRUCTION:

Construction Law F.S. Chapter 588 (RPPTL Approved May 25, 2008/TFB BOG Rollover Approval July 25, 2008 meeting)

Supports amendment of F.S. Chapter 558 to clarify ambiguous provisions, to specify when and how the statute applies to the resolution of construction defect disputes, and to permit the parties to opt out of the statute.

Legislative Position Request Form (1 MB)

Proposed Bill Text

White Paper

TAX - DOCUMENTARY:

Documentary Stamp Tax On Short Sales - No Bill Text (RPPTL Approved September 20, 2008/TFB BOG Rollover Approval December 12, 2008 meeting)

The Section supports Legislation and/or Regulatory action which establishes certainty as to the documentary stamp taxes due with regard to any debt forgiveness in connection with a short sale and which provides accurate sale price information for use by tax assessors and private property appraisers. No bill text, position only.

Legislative Position Request Form

White Paper

Documentary Stamp Tax to Preserve Cresent Miami Center Decision - No Bill Text (RPPTL Approved April, 2008, TFB/BOG Rollover December 12, 2008)

Opposes amendments to Chapter 201, F.S., that would (i) overrule the Supreme Court decision in Crescent Miami Center, LLC v. Florida Department of Revenue, 903 So. 2d 913 (Fla. 2005), or (ii) impose the stamp tax on transfers of personal property, including ownership interests in business entities, or (iii) limit documentary stamp tax exemptions to those expressly set forth in Chapter 201. (No Bill Text)

Legislative Position Request Form

White Paper

TAX - REAL PROPERTY:

Change of Real Property Ownership Notice to Property Appraiser (RPPTL Approved September 20, 2008/TFB BOG Rollover Approval December 12, 2008 meeting)

Supports clarification of F.S. 193.1556 regarding: (i) whether a separate notice to the property appraiser of a change of ownership of real property is required when the real property is conveyed by an instrument recorded in the public records; (ii) whether any notice to the property appraiser is required pursuant to the statute with respect to transfers of interests in publicly traded companies or parent companies; and, (iii) whether the statute requires disclosure of the identity of beneficial owners of trusts or of business entities.

Legislative Position Request Form

White Paper

TITLE INSURANCE:

Change in Ownership Does Not Trigger Save Our Homes Re-Valuation (RPPTL Approved September 20, 2008/TFB BOG Approved December 12, 2008)

Support amendment of F.S. subsection 193.155(3) to clarify that transfers of ownership interests, whether legal or equitable, pursuant to which the same person or that person’s spouse continues to hold legal or equitable title of the homestead real property or otherwise continues to qualify for the homestead exemption under requirements of Section 196.031, Florida Statutes, will not be treated as a change in ownership for purposes of re-setting the “Save Our Homes” cap.

Legislative Position Request Form

White Paper

ARCHIVED MATERIALS

Spreadsheet of Archived Positions(2003-2009)[Work in Progress]

2010 Legislative Session: Leg. Consultant’s Final Report

2010 LEGISLATIVE SUMMARY OF SECTION POSITIONS



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