| TALLAHASSEE, Fla. — May 4, 2019 — 2:16 pm — Your world got a little bit easier thanks to new legislation that brings modern technology and common sense to transactions. The Florida Legislature, which ended its 60-day legislative session minutes ago, passed two bills many Florida Realtors’ members had requested. One allows the use of remote online notaries and the other provides remedies for open and expired permits. “Our members spoke loud and clear about the problem of open permits and the benefit of remote notaries, and I’m happy to say lawmakers listened,” says Eric Sain, 2019 president of Florida Realtors and district sales manager with Illustrated Properties in Palm Beach. “But the really good news is that these two bills were only a part of our legislative successes this year. We’re also celebrating assignment of benefits (AOB) reform, funding to improve water quality and another cut to the business rent tax.” This end-of-session report covers key real estate legislation filed for the 60-day session that ended minutes ago. Bills passed head to the governor for final approval. Florida Realtors biggest legislative victories Remedies to open and expired permits — Open and expired permits can delay a closing, and, in some cases, kill a deal because of the uncertainty associated with them. To address the problem, HB 447 allows local governments to close a permit six years after its issuance as long as no apparent safety hazards exist. It also prevents local governments from penalizing property owners for an open permit that was applied for by a previous owner. Effective: October 1, 2019. Approval of online remote notaries — Many states allow the use of online remote notaries in real estate transactions to make closings easier, faster and more convenient for distant parties. Thanks to HB 409, Florida now joins this group of modern-thinking states. Effective: January 1, 2020. Curbing AOB abuse to keep insurance affordable — Property insurance assignment of benefits (AOB) came about to reduce insurance claim burdens for property owners. However, some contractors and attorneys abused the AOB process by overcharging for repairs and suing insurance carriers when they refuse to pay, leading to higher premiums for everyone. HB 7065 limits contractors’ ability to receive payment for their attorney fees if the claim is settled or won in court. This is commonly referred to as one-way attorney fees and the primary incentive behind AOB fraud. Please note: All bill provisions become effective on July 1, 2019, except for provisions relating to attorney fees, which become effective when the bill is signed into law. $682 million for environmental projects — Communities throughout Florida were devastated last year by environmental problems such as blue-green algae and red tide. The Legislature responded with significant amounts of funding for environmental projects designed to address these issues. The proposed funding includes $322 million for both Everglades restoration and the early planning, design and construction of the Everglades Agricultural Area Reservoir. Also included: $40 million to complete the raising of Tamiami Trail, $100 million for springs restoration, $50 million for beach restoration projects, $10 million for a red tide/blue green algae task force and $25 million for a septic-to-sewer cost-share program. Effective: July 1, 2019. Further reduction to the business rent tax — Businesses throughout Florida will save more than $65 million each year due to a .2% reduction of the business rent tax. The new state tax rate on commercial leases will be 5.5%, down from 5.7% in 2018 and 6% in 2017. Effective: January 1, 2020. More than $200 million for affordable housing projects — Lawmakers allocated $200 million from the state and local government housing trust funds for affordable housing programs. This includes $115 million to assist Panhandle residents whose properties were devastated by Hurricane Michael. Effective: July 1, 2019.Continued funding for LIDAR mapping — The budget includes language that allows the Division of Emergency Management to continue spending the $15 million currently being used for LIDAR (light detection and ranging) mapping. LIDAR is a next-generation mapping technique and has the potential to lower flood insurance rates throughout Florida. Effective: July 1, 2019. Preventing unlicensed real estate activity — The Legislature allocated up to $500,000 from the Professional Regulation Trust Fund to the Department of Business and Professional Regulation (DBPR) to combat unlicensed real estate activity. Effective: July 1, 2019. Other bills that passed of interest to Realtors Fighting red tide through research and technology — SB 1552 establishes the Florida Red Tide Mitigation and Technology Development Initiative, a partnership between the state and Mote Marine Laboratory to develop technologies that can control and mitigate red tide and its impact. Lawmakers appropriated $3 million a year for the next six years to fund the initiative. Effective: July 1, 2019.Banning local governments from restricting vegetable gardens — SB 82 prevents local governments from regulating homeowners’ vegetable gardens. The issue stemmed from a couple in Miami Shores who had to uproot their vegetable garden due to a local ordinance. This does not apply to homeowners associations (HOAs). Effective: July 1, 2019.Flood insurance matters — HB 617 requires insurers that do not provide flood insurance to provide a disclosure at initial issuance and each renewal regarding the importance of flood insurance. Effective: July 1, 2019.Property insurance changes — HB 301 includes a host of insurance revisions. The bill removes the $100 cap for insurers who provide loss control/mitigation goods or services (e.g. a temperature/humidity sensor) to policyholders and makes it easier for owners who have dwellings valued at $700,000 or more to obtain surplus lines of coverage. Effective: July 1, 2019.Property owner bill of rights and tree trimming — SB 1400 requires county appraisers to publish a list of constitutionally protected property rights on their websites. The bill also allows property owners to trim or remove trees on their property without consequence as long as they have a letter from a certified arborist or landscape architect stating the tree is a danger. Effective: July 1, 2019.Providing more structure for beach restoration projects — HB 325 creates a five-year work plan for beach renourishment projects throughout Florida based on a specific set of criteria. The new approach is intended to remove the arbitrary selection of projects that currently exists. Effective: July 1, 2019.More options for wetlands mitigation projects — HB 521 allows developers in areas lacking private wetlands mitigation credits to partner with local governments to mitigate on publicly-owned conservation land. Effective: July 1, 2019.Fire and life safety systems for condos — HB 647 extends the deadline for high-rise condominiums that must be retrofitted with fire sprinklers or another engineered life safety system from Dec. 31, 2019, to Dec. 31, 2023. Effective: July 1, 2019.Texting while driving ban gets tougher — HB 107 strengthens Florida’s existing ban on texting, emailing and instant messaging while driving. The bill changes current enforcement of the ban from a secondary offense to a primary offense, meaning law enforcement can now stop a vehicle solely for texting while driving. Effective: July 1, 2019.Military affairs — SB 620, in its original form, included a provision that capped the total money owed by an active duty service member who was entering into a lease at no more than the total of two months’ rent. Although the bill passed, the language pertaining to the cap was removed from the bill. Effective: July 1, 2019. Bills that did not pass Private property rights/short-term rentals — SB 824 and HB 987 were companion bills supported by Florida Realtors aimed at protecting the right of private property owners to rent their property on a short-term basis because many local governments continue to enact ordinances that discourage short-term rentals and infringe on this fundamental right.Emotional support animals — HB 721 would have provided clarity for emotional support animals. It would have created a legal definition for these animals and would have required an emotional support animal certificate to come from a licensed doctor who has a relationship with the patient.Requiring online retailers to collect sales tax— SB 1112 would have required remote (out-of-state) sellers to collect and remit sales tax to the state on purchases made by Florida residents. The revenue gained from collecting the sales tax could have then been used to offset other taxes such as the business rent tax. Current law says that sales tax from remote sellers is legally owed to the state by the Floridian making the purchase, but few residents know about this requirement and even fewer pay it.Condo transfer fee background costs — HB 1075 contained several items related to HOAs and condominium associations. Of note to Realtors was an allowance for associations to charge a buyer or renter the “actual cost” of a background check plus a $100 administrative fee. Transfer fees are currently capped at $100 per applicant.Septic tank inspections — HB 85 would have required all homeowners in Florida to have septic tank inspections every five years.Water quality improvements — HB 973 would have transferred septic tank oversight from the Department of Health to the Department of Environmental Protection. The bill would have given the two state agencies one year to suggest recommendations on how to best transfer this massive responsibility.Rent control — HB 6053 and SB 1390 sought to allow local governments to adopt rental control ordinances.Seller disclosure — HB 163 and SB 1254 would have required sellers to provide buyers a written disclosure if the property is located within a dependent special district. The bill also gave buyers a three-day right of rescission after the disclosure was provided.Landlord disclosure — HB 153 and SB 1248 would have required landlords to provide prospective tenants with a “physical” copy of the restrictive covenants governing the use and occupancy of the premises.Property Assessed Clean Energy (PACE) — HB 163 and SB 282 sought to expand the list of qualifying improvements under the PACE program to include septic tank improvements or replacements.Swimming pool safety features — HB 805 and SB 724 would have required all residential pools in Florida to be equipped with two of the following safety features when a residential property with a pool is sold: 1) pool barrier, 2) pool cover, 3) door and window alarms, 4) self-closing and self-latching doors and 5) a pool alar |
Property Appraiser Acronyms
Call me crazy but a few of the acronyms used by the Palm Beach County Property Appraiser I just couldn’t figure out so I emailed them. And then I emailed them again and again. Finally, they sent me this list of the acronyms they use and the codes AND IT EVEN SHOWS THE ADJUSTMENTS USED FOR THINGS LIKE if a property has AC only then they knock off $5,000 from the value, heat only is $10,000 off and no heat or AC is $15,000 off. These are some of the ones you may be interested in…
EXTERIOR WALLS FOR RESIDENTIAL
MSY: MASONRY – Places like Botanica and Alton have masonry block all the way to the roof line.
WSF: WOOD OR STEEL FRAME
NONE: No Exterior Wall
MSY: CONC. SIP FORMING: Masonry Concrete Stay in Place Forming
MSY: PRECAST PNL/REIN. CONC: Masonry Precast Panel / Reinforced Concrete
WSF: CEMENT FIBER SIDING: Wood/Steel Frame Cement Fiber Siding
MSY: CEMENT FIBER SIDING: Masonry Cement Fiber Siding
WSF: WOOD SIDING: Wood/Steel Frame Wood Siding Common in places like Jupiter Farms
MSY: WOOD SIDING: Masonry Wood Siding
WSF: PREFAB PNL: Wood/Steel Frame Prefabricated Panel
WSF: ASPHALT SIDING: Wood/Steel Frame Asphalt Siding
WSF: STONE: Wood/Steel Frame Stone
MSY: STONE: Masonry Stone
WSF: VINYL/STL/ALUM: Wood/Steel Frame: Vinyl/Steel/Aluminum
MSY: VINYL/STL/ALUM: Masonry: Vinyl/Steel/Aluminum
WSF: PLYWD/STL/ALUM SHTH: Wood/Steel Frame: Plywood
ADOBE/HOLLOW CLAY BLK: Adobe/Hollow Clay Block
MSY: CONC. BLOCK: Masonry Concrete Block
WSF: STUCCO: Wood/Steel Frame Stucco which is common in the historic disctricts of West Palm Beach
MSY: CB STUCCO: Masonry Concrete Block Stucco
WSF: BRICK: Wood/Steel Frame Brick
MSY: BRICK: Masonry Brick
WSF: WOOD SHINGLE: Wood/Steel Frame Wood Shingle
WSF: COMP OR HARD BD: Wood/Steel Frame Composition or Hardboard
LOG: Log
WSF LOG VENEER: Wood/Steel Frame Log Veneer
MSY LOG VEENER: Masonry Log Veneer
GLASS: Glass
EXTERIOR WALLS FOR BARNS AND HANGARS
OPEN POSTS OR COLUMNS: Open Posts Or Columns
HOLLOW CLAY BLOCK: Hollow Clay Block
CONCRETE BLOCK: Concrete Block
CONCRETE BLOCK STUCCO: Concrete Block Stucco or CBS construction which is the norm in the Northern Palm beach County area and places like North Palm Beach
BRICK, BLOCK BACKUP: Brick, Block Backup
BRICK COMMON: Brick Common
BRICK, SCR: Brick, Scr Modular
REINFORCED CONCRETE: Reinforced Concrete
PRECAST PANELS: Precast Panels
STONE, BLOCK BACKUP: Stone, Block Backup
STONE, GRANITE: Stone, Granite
SANDWICH PANEL, STEEL/ALUMINUM: Sandwich Panel, Steel/Aluminum
PREFAB PANEL, STEEL/ALUMINUM: Prefab Panel, Steel/Aluminum
ALUMINUM/STEEL SIDING/PANELS: Aluminum/Steel Siding/Panels
CEMENT FIBER SIDING/SHINGLES: Cement Fiber Siding/Shingles
PLYWOOD: Plywood
WOOD SHINGLES/SHAKES: Wood Shingles/Shakes
WOOD FRAME STUCCO: Wood Frame Stucco
VINYL SIDING: Vinyl Siding
WOOD SIDING: Wood Siding
CEADAR/REDWOOD : Cedar/Redwood
BRICK VENEER: Brick Veneer STONE VENEER: Stone Veneer
VA Approved Condos in Palm Beach
To use a VA Loan guarantee the whole condominium complex must be approved and they do NOT ALLOW SPOT APPROVALS for VA Loans.
If you have full entitlement, you don’t have a home loan limit
Eligible Veterans, service members, and survivors with full entitlement no longer have limits on loans over $144,000. This means you won’t have to pay a down payment, and we guarantee to your lender that if you default on a loan that’s over $144,000, we’ll pay them up to 25% of the loan amount.
| AMRIT OCEAN RESORT II CONDO (002678) |
| BOCA COVE (H10253) |
| BOCA FLORES (001547) |
| BOCA SOUTH (H01064) |
| BOCA TERRACE (002040) |
| BOYNTON CENTER NO. 1 (002520) |
| BOYNTON LANDINGS (H11585) |
| BOYNTON OASIS (226602) |
| BRIELLA NO 4 (H11695) |
| BRIELLA NO 3 (H11688) |
| BRIELLA NO 4 (000064) |
| CITY PLACE SOUTH TOWER CONDO (001243) |
| CITYPLACE TOWER CONDO (000785) |
| COUNTRY ESTATES (H03332) |
| FOREST HILL GARDENS EAST (H07798) |
| GOLF COLONY (H00244) |
| GREEN TERRACE (H00130) |
| GULFSTREAM PRESERVE CONDOS (002142) |
| HAMPTON COVE CONDOMINIUM (001157) |
| HIGH POINT OF DELRAY 6 (001128) |
| HIGH POINT OF DELRAY SEC-3 (002393) |
| HIGH POINT OF DELRAY SECTION 7 (002411) |
| HIGH POINT OF DELRAY W SEC. II (000972) |
| HUNTINGTON LAKES SECTION FOUR (001861) |
| INDIAN CREEK (015901) |
| INDIAN CREEK (H00161) |
| JUPITER VILLAGE TOWNHOMES (H02835) |
| KEY HAVEN (H00184) |
| KEYSTONE (H03284) |
| KINGS POINT (001619) |
| KINGS POINT (002030) |
| KNOLLWOOD CLUB (H00185) |
| LEISUREVILLE CONDOMINIUM (000816) |
| LINTON LAKE (H00240) |
| LOST VILLAS (H00241) |
| LUCERNE LAKES (H00243) |
| MARINA VILLAGE AT BOYNTON BEAC (002231) |
| MOORINGS AT LANTANA CONDO 3 (000792) |
| MOORINGS AT LANTANA CONDOMINIU (001963) |
| MORNINGSTAR AT DELRAY (001754) |
| MUIRFIELD (H03935) |
| OAKWOOD LAKES (H09201) |
| OASIS TOWER ONE CONDOMINIUM (001743) |
| OCEAN TOWNHOMES (H00295) |
| PALM BEACH PLACE CONDO (H11578) |
| PALM CLUB VILLAGE (187800) |
| PALM CLUB VILLAGE (187801) |
| PALM CLUB WEST (H01042) |
| PARADISE VILLAS (H04001) |
| PINE RIDGE AT DELRAY BEACH (000559) |
| PINE RIDGE NORTH VILLAGE IV (002509) |
| PINE RIDGE-HAVERHILL (H07116) |
| PINECREST (030300) |
| PINES OF DELRAY WEST (002058) |
| POINTE 100 CONDOMINIUM (001208) |
| POLO LEGACY CONDOMINIUM (002836) |
| RESIDENCES AT LEGACY PLACE (001184) |
| RESIDENCES OF BELMONT (001446) |
| SANDPIPER COVE II AT BOTANICA (000361) |
| SEABROOK PLACE (H02081) |
| SEABROOK PLACE CONDOMINIUM (000041) |
| SEVILLA GARDENS (H00981) |
| SOMERSET HOA (002838) |
| SPANISH WELLS (H00312) |
| SUNSET PINES (H00313) |
| THE EDGE CONDOMINIUM (000105) |
| THE RESIDENCES OF BELMONT (612516) |
| TOWN PLACE (H00314) |
| TRAILS-ROYAL PALM BEACH (H04230) |
| VENTURA GREENS (H11641) |
| VILLA DEL SOL (H11438) |
| VILLAGE AT ABACOA (001375) |
| VILLAGE ROYALE CONDOMINIUM #2 (002514) |
| WATERWAYS-DELRAY (H00315) |
| WINGFOOT (H00162) |
How to find Condominium Documents in Florida
How to find Condominium Documents in Florida?
I get this question pretty often. How do I find the recorded documents for a Condominium Owners Association (COA)? First, if you really want to have a FULL and up to date copy of these then call the association or management company as they almost always have a copy they will sell you for +/- $100. Many associations now have these posted on the public area of their websites well. This is done based upon a title search and will (should be anyway) accurate. They typically have these on hand, in the case of a condominium, as Florida law requires a Buyer of real property to be provided with these, should they be requested.
The links below are for properties locating in Palm Beach County but you use a similar throughout the state. Start by looking up the specific property, or even any unit in the same building, at the county property appraiser’s website. Scroll down and click on the Book/Page of the last Warranty Deed. This will link to the clerk of courts website and open up a deed. Now download the image and look at the legal description. It will say some like ‘Unit 321 of the XXX, A Condominium according to the Declarations of Condominium recorded (say Jan 1 1970) and recorded in the Official Book 52, Page 5231.’ Now we have the book and page of the original recorded documents. Next, stay at the Clerk of Courts web site and click on new search. The last tab is a search by “book and page.” Note that one can also search for a recorded plat at this screen for properties in a Home Owners Association but we want to search the ‘Official Record Book’ for the condo docs. And note the format of the search is Book/Page (for our example 52/5231). Now you have the official ORIGIONAL recorded declarations of condominium. What good is it? It has parking lay outs, floor plates (showing the whole floor of a building), basic unit floor plans and the original use restrictions on things like rentals and pets. It also has the official name of the association so you can search for any amendments to the documents. To find all the recorded documents you will again search Clerk of courts web site but this time use the THE SAME LEGAL NAME AS THE ORIGIONAL DECLARATIONS. Any amendments to the condominium will show as CND A (condo amended) or RES (restrictions) or RES A (restrictions amended) for a Home Owners Association.
If you’re looking for a plat then it will have the dimensions of the lot on it and show things like utility easements.
Definition of items used in the Palm Beach County Property Appraisers web site.
The Palm Beach County Property appraiser has a terrific web site with all kinds of tools available in it that are very useful when looking at property. After years in the business I know what all the descriptors are but they can be confusing for folks visiting the site for the first time. Well, here they all are:
Acreage – Any parcel of land measured in terms of acres.
Actual Year Built – The year an improvement is completed.
Ad Valorem – “According to Value.” A method of taxation using the value of the property taxed to determine the tax amount.
Assessed Value – Value placed on a homesteaded property before any exemptions are deducted but after the property tax cap is factored. For non-Homestead properties, the assessed value is the value placed on a property after a 10 % cap is factored. Assessed Value minus exemptions equals Taxable Value.
Assessment Caps – Florida provides tax savings benefits on assessed values of certain real properties.
- A 3% cap applies to the assessed value of residential properties with a qualified Homestead Exemption.
- A 10% cap on non-homesteaded properties applies to the assessed value of second homes or Commercial properties.
Building Number – For parcels containing multiple buildings, the number assigned to each building.
Depth – Refers to the depth of a lot, a measurement from the front property line to the rear property line.
Exemption Amount – The dollar amount of an approved exemption.
Extra Features Description – A description of an improvement on a property, such as a pool, patio or additional room.
Improvement Value – The value placed on a building.
Instrument Owner – The person(s) listed on a deed, mortgage or other legal document.
Land Line Number – A designated line for each of several land classifications which may be found on a parcel.
Land Value – The estimated market value of the land.
Legal Description – The portion of the property record that defines a parcel’s boundaries and its location in Palm Beach County.
Location Address – the situs or street address of a property.
Mailing Address – The address used by the property owner to receive mail regarding their property.
Market Value – The estimated price a willing buyer would pay and a willing seller accept, both being fully informed and the property exposed to the market for a reasonable period of time.
Municipality – An incorporated area of the county such as a City, Town or Village.
Name – The name of the property owner(s).
Non-Ad Valorem – A method of taxation that uses the size of a unit or the number of units to assess a fee for services, such as the Solid Waste Authority.
Official Record Book – The designated book where a document is recorded in the Official Records of the County.
Official Record Page – The designated page within an Official Records Book where is document is recorded.
Parcel or Property Control Number – A unique 17-digit number assigned to each parcel of land and each living unit within a condominium or cooperative. The PCN is used to locate and identify the parcel or unit.
Price – Refers to the actual price paid for a property.
Property Control Number – See Parcel Control Number
Quit Claim Deed – A deed operating as a release that is intended to give up any title, interest or claim the grantor may have in the property, but not containing any warranty of a valid interest or title in the grantor.
Sales Date – The date a sale occurs as recorded on a deed.
Save Our Homes – Save Our Homes, also known as the 3% cap, is not a cap on taxes paid and applies only to residential properties with a qualified Homestead Exemption. The 3% cap limits the increase in the annual assessment of properties in Florida to 3% or to the percentage change in the National Consumer Price Index, whichever is less.
Subdivision – A division of a single parcel of land into smaller parcels.
Tax Year – The year taxes are being levied.
Taxable Value – The Assessed Value, less any exemptions.
Total Square Footage – The gross square footage of a parcel or improvement to a parcel.
Total Tax – The sum of all ad valorem taxes and non-ad valorem fees.
Unit Rate – The estimated market value contribution for each unit of an improvement.
Units – The number of units of an improvement, such as square foot or linear foot.
Year of Exemption – The year the exemption applies.
Zoning – The division of a city by legislative regulations into areas, specifying the uses allowed for the real property in these areas.
How’s Florida for Taxes?
So Chris, how are the taxes in Florida?
Under the current 2019 state and local tax laws it is VERY beneficial to be a full time resident of Florida. Why? In short because the tax structure in Florida does NOT rely upon personal income taxes for revenue. AND the current federal tax law LIMITS to amount one can deduct for payments made to state and local taxes paid such as real estate and income taxes.
As of Jan. 1, 2018, the federal deduction for local taxes paid is capped at 10,000. That means you can deduct up to $10,000 in property and income tax or sales tax on Schedule A. Previously, this deduction was unlimited.
The amount applies to single filers and those married filing jointly as both are subject to the $10,000 limit. The max for a married person filing separately is $5,000 per. AND, you must still choose to deduct either your state income tax or sales tax. You cannot deduct both.
Yes, our real property taxes are higher, in fact they are high by comparison. In Boston the residential property tax rate is 10.54 per 1,000 of assessed value. Where as in Palm beach County it is 17.21 per 1,000. BUT Massachusetts also has a 3.24% personal income tax.
The difference is $667 per year more per 100k in value of a house to live in Florida BUT one saves $3,240 per 100k of income every year that is not paid in state income taxes.
According to wallet hub Florida is number 47 in terms of the overall tax burden. The taxes are lower only in Alaska, Delaware and Tennessee.
Source: WalletHub
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