COMMITTEE BILL #5
This bill would add Sections 28.205 to Chapter 28,
Fiorida Statutes. The clerks of the circuit courts are authorized
and directed to admit to record of their respective counties, permits
issued by the Corps of Engineers, Department of the Army, over which
the Corps has regulatory jurisdictions.
The law would be applied retroactively to include all
such permits admitted to record prior to the effective date.
The area of concern that I have is on page 2, lines 2-8
which says, "shall be admitted to record without the necessity of
acknowledgment or witnesses, and need not bear the name and address
of the person who prepared the same, as required by Section 695.24,
Florida Statutes." I feel this should be more clearly explained.
2 A bill to be entitled
3 An act to authorize and direct the several
4 clerks of the circuit court of this state
5 to record certain permits issued by the
6 Department of the Army, United States Army
7 Corps of Engineers; adding Section 28.205
8 to Chapter 28, Florida Statutes; dispensing
9 with acknowledgments prior to recording; pre-
10 scribing the fee of the clerk for such record-
11 ing; relating to other matters connected with
12 recording of such permits; and providing an
13 effective date.
15 Be It Enacted by the Legislature of the State of Florida:
17 Section i. Section 28.205, Florida Statutes, is
18 added to Chapter 28, Florida Statutes, to read:
19 Section 28.205 Recording permits of Army Corps of
21 (1) The clerks of the circuit courts are authorized
22 and directed to admit to record, and to record in the official
23 records of their respective counties, permits issued by the
24 Corps of Engineers, Department of the Army, for construction
25 or other activities within the waters of the state of Florida
26 over which said Corps of Engineers has regulatory jurisdiction.
27 (2) Such permits, when signed and sealed by
28 authority of the Secretary of the Army, shall be admitted to
29 record without the necessity of acknowledgment or witnesses,
1 and need not bear the name and address of the person who
2 prepared the same, as otherwise required by Section 695.24,
3 Florida Statutes.
4 (3) The clerk shall be entitled to a fee of
5 four dollars ($4.00) for the first page and two dollars ($2.00)
6 for each subsequent page for the recording of any such permit
7 as herein authorized.
8 Section 2. This act shall take effect October 1,