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Florida Statute 718.105 - Full Text and Legal Analysis
Florida Statute 718.105 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 718.105 Case Law from Google Scholar Google Search for Amendments to 718.105

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY
Chapter 718
CONDOMINIUMS
View Entire Chapter
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 CourtListener

Amendments to 718.105


Annotations, Discussions, Cases:

Cases Citing Statute 718.105

Total Results: 4  |  Sort by: Relevance  |  Newest First

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City of Miami Beach v. Rocio Corp., 404 So. 2d 1066 (Fla. 3d DCA 1981).

Cited 103 times | Published | Florida 3rd District Court of Appeal

...Fernandez, 371 So.2d 535 (Fla. 3d DCA 1979). Do the ordinances in question conflict with state law? The final judgment permanently enjoining the enforcement of the subject ordinances specified that conflict existed between the ordinances and sections 718.105, 718.107, 718.402, 718.501, 718.502, 718.503, 718.504, and 718.507 of the Condominium Act....
...y and to establish procedures for the creation, sale, and operation of condominiums." The statute does not restrict rights, but instead provides rights. A comparison of the Condominium Act and the ordinances in question reveals apparent conflict: A. § 718.105: Recording of Ordinance No....
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Jim Walter Resources, Inc. v. Edward Allen Dir., Off. of Workers Comp. Programs, United States Dep't of Labor, 995 F.2d 1027 (11th Cir. 1993).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 17595, 1993 WL 231734

...The ALJ did not credit the testimony of Dr. Russakoff, who claimed that Allen was not suffering from serious problems. Russakoff had not examined Allen directly. 2 . Some of the negative tests should never have been conducted. The comments to 20 C.F.R. § 718.105 (b) indicate that an arterial blood gas study should not be conducted after exercise if the "at rest” study is positive: "The Department does not believe that individuals who have arterial blood oxygen pressures below the disabling level...
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Ago (Fla. Att'y Gen. 1989).

Published | Florida Attorney General Reports

1984). 2 Section 718.104(4)(e), F.S. 3 Id. 4 Section 718.105(1), F.S. See also, s. 718.104(5), F.S., providing
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Ago (Fla. Att'y Gen. 1979).

Published | Florida Attorney General Reports

...ating to the conveyance of land. Graphic descriptions of improvements constituting exhibits to a declaration may be recorded as a part of the declaration without approval of any public body or officer, when accompanied by the surveyor's certificate. Section 718.105 (1) and (2), F....
...There is, however, no requirement that there be such a surveyor's certificate at the time of recording the declaration or that a declaration which states that the condominium is not substantially completed be amended to include the required certificate prior to its recordation. Indeed, s. 718.105 (4) states that, in the event no surveyor's certificate is attached to the declaration or the survey or graphic description, the developer shall deliver to the clerk an estimate of the cost of a final survey or graphic description containing and complying with the certificate prescribed by s....
...718.202 imposes certain requirements on a developer who sells prior to completion of construction of a condominium, it does not prohibit such sale or in any way limit a developer's ability to convey an interest in the property prior to such completion. Reading together s. 718.105 , F....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.