DeSantis Gives Some Of His Authority To Secretary Of State Under New Law

Photo for illustrative purposes onlyPhoto byRon DeSantis Facebook photo

House Bill 429: Real Property changes the authority to appoint commissioners of deeds from the Governor to the Secretary of State. In a similar vein, this new law also makes revisions to the Timeshare Act.

Effective July 1, 2024, Florida’s Secretary of State, Cord Byrd, will be responsible for appointing commissioners of deeds instead of Governor Ron DeSantis.

A commissioner of deeds is someone who accepts acknowledgements, confirmations of completion, and pledges regarding real estate transactions in international waters, foreign countries, or the United States and its territories.

This means that commissioners of deeds appointed by Florida’s Secretary of State can validate receipts of real estate transactions outside of the state of Florida. In addition, they are given the authority to verify the identities of the people involved in contracts, deeds, and wills related to real estate, both nationally and internationally.

Regarding the Timeshare Act, in part, this law grants cooperative associations’ or condominiums’ administration boards that operate timeshare plans the authority to remove timeshare plan facilities without the need to get approval from the association members.

For this to happen, the administration board just needs to approve the deletion by a two-thirds majority vote. However, if the condominium or cooperative still has residents not subject to a timeshare plan, then the majority of the residents must approve all changes or additions to the facilities or accommodations.

House Bill 429 was originally prepared by the Regulated Industries Committee, filed on November 13, 2023; and unanimous vote in the Senate and House with votes of 37-0 and 118-0, respectively. It was presented to Governor DeSantis on June 7, 2024, and he approved it on June 21, 2024.

For complete details on this new law, click here to read all seven pages of House Bill 429. For the official summary of the bill, click here.
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Article by Ema Tibbetts