The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.105

718.105 Recording of declaration.—

(1) When executed as required by s. 718.104, a declaration together with all exhibits and all amendments is entitled to recordation as an agreement relating to the conveyance of land.

(2) Graphic descriptions of improvements constituting exhibits to a declaration, when accompanied by the certificate of a surveyor required by s. 718.104, may be recorded as a part of a declaration without approval of any public body or officer.

(3) The clerk of the circuit court recording the declaration may, for his or her convenience, file the exhibits of a declaration which contains graphic descriptions of improvements in a separate book, and shall indicate the place of filing upon the margin of the record of the declaration.

(4)(a) If the declaration does not have the certificate or the survey or graphic description of the improvements required under s. 718.104(4)(e), the developer shall deliver therewith to the clerk an estimate, signed by a surveyor authorized to practice in this state, of the cost of a final survey or graphic description providing the certificate prescribed by s. 718.104(4)(e), and shall deposit with the clerk the sum of money specified in the estimate.

(b) The clerk shall hold the money until an amendment to the declaration is recorded that complies with the certificate requirements of s. 718.104(4)(e). At that time, the clerk shall pay to the person presenting the amendment to the declaration the sum of money deposited, without making any charge for holding the sum, receiving it, or paying out, other than the fees required for recording the condominium documents.

(c) If the sum of money held by the clerk has not been paid to the developer or association as provided in paragraph (b) within 5 years after the date the declaration was originally recorded, the clerk may notify, in writing, the registered agent of the association that the sum is still available and the purpose for which it was deposited. If the association does not record the certificate within 90 days after the clerk has given the notice, the clerk may disburse the money to the developer. If the developer cannot be located, the clerk shall disburse the money to the Division of Florida Condominiums, Timeshares, and Mobile Homes for deposit in the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.

(5) When a declaration of condominium is recorded pursuant to this section, a certificate or receipted bill shall be filed with the clerk of the circuit court in the county where the property is located showing that all taxes due and owing on the property have been paid in full as of the date of recordation.

History.—s. 1, ch. 76-222; s. 1, ch. 77-174; s. 8, ch. 78-340; s. 3, ch. 90-151; s. 852, ch. 97-102; s. 1, ch. 99-350; s. 46, ch. 2008-240; s. 2, ch. 2013-122.

F.S. 718.105 on Google Scholar

F.S. 718.105 on Casetext

Amendments to 718.105

Arrestable Offenses / Crimes under Fla. Stat. 718.105

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.105.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SILVER BEACH TOWERS PROPERTY OWNERS ASSOCIATION, INC. v. SILVER BEACH INVESTMENTS OF DESTIN, L. C., 230 So. 3d 157 (Fla. Dist. Ct. App. 2017)

. . . See §§ 718.104(2), 718.105, Fla. Stat. . . .

WILLIAMS MOUNTAIN COAL COMPANY, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, 328 F. App'x 243 (4th Cir. 2009)

. . . . § 718.105(b) (2008) (“A blood-gas study shall initially be administered at rest and in a sitting position . . .

CANNELTON INDUSTRIES, INCORPORATED, v. H. FRYE, 93 F. App'x 551 (4th Cir. 2004)

. . . . § 718.105. J.A. 239-40. . . . . § 718.105 (1995). Dr. Zaldivar’s test failed to include each of these items. . . . , which state that arterial blood gas test results “shall specify” certain information. 20 C.F.R. § 718.105 . . . The ALJ essentially looked to the requirements in § 718.105 to determine the weight that he should assign . . . At the very least, the quality standards embodied in § 718.105 identify the types of information that . . .

CONSOLIDATION COAL COMPANY, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, E., 23 F. App'x 114 (4th Cir. 2001)

. . . . § 718.105(b) which requires that blood gas samples be drawn during exercise, and, to the extent that . . .

B. LANE, v. UNION CARBIDE CORPORATION, 105 F.3d 166 (4th Cir. 1997)

. . . . § 718.105(b)(1996). However, in disparaging the fact that Drs. . . .

WINKELMAN v. M. TOLL, a ICON a, 661 So. 2d 102 (Fla. Dist. Ct. App. 1995)

. . . See §§ 718.104(4)(e) and 718.105, Fla.Stat. . . .

JIM WALTER RESOURCES, INC. v. ALLEN, 995 F.2d 1027 (11th Cir. 1993)

. . . . § 718.105(b) indicate that an arterial blood gas study should not be conducted after exercise if the . . .

GRAY, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, 943 F.2d 513 (4th Cir. 1991)

. . . . § 718.105(b); 20 C.F.R. part 410, appendix to subpart D, and that therefore the test conducted after . . .

BIG HORN COAL COMPANY, v. OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, F., 897 F.2d 1052 (10th Cir. 1990)

. . . . § 718.105; (2) in not considering the report and testimony of Dr. . . . was erroneous because the tests did not conform to the quality criteria established in 20 C.F.R. § 718.105 . . .

SAGINAW MINING COMPANY, v. L. FERDA,, 879 F.2d 198 (6th Cir. 1989)

. . . . § 718.105(b) provides that if the results of blood gas tests at rest produce nonqualifying values, . . .

MULLINS COAL CO. INC. OF VIRGINIA, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 484 U.S. 135 (U.S. 1987)

. . . See 20 CFR §§718.103, 718.105 (1987). . . . the results obtained at rest, and the other reporting the results of testing during exercise. 20 CFR §718.105 . . . See §§ 410.426(b) and 718.105(b) and (c). . . .

PRATER, v. HITE PREPARATION COMPANY, 829 F.2d 1363 (6th Cir. 1987)

. . . . § 718.105 (1987). . . .

DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, v. MANGIFEST,, 826 F.2d 1318 (3d Cir. 1987)

. . . Consolidated Coal Co., 9 Black Lung Rep. 1-137 (1986) (en banc) (construing § 718.105, which sets standards . . .

REVAK, v. NATIONAL MINES CORPORATION, 808 F.2d 996 (3d Cir. 1986)

. . . . § 718.105. . . .

STAPLETON, v. WESTMORELAND COAL COMPANY, U. S. R. RAY, v. JEWELL RIDGE COAL CORPORATION MULLINS COAL COMPANY, INC. OF VIRGINIA, v. CORNETT, 785 F.2d 424 (4th Cir. 1986)

. . . . §§ 410-426(b); 410.428; 410.430; 718.102; 718.103; 718.105; Part 718, Appendices A, B, C; 727.206 ( . . . . §§ 206(a), 718.103, 718.105, 410.430. . . . .

CITY OF MIAMI BEACH, v. ROCIO CORP. a a a, 404 So. 2d 1066 (Fla. Dist. Ct. App. 1981)

. . . enforcement of the subject ordinances specified that conflict existed between the ordinances and sections 718.105 . . . A comparison of the Condominium Act and the ordinances in question reveals apparent conflict: A.§718.105 . . .