MIAMI - DADE AMENDS COUNTY CODE

The Florida Land Title Association tracks and weighs-in on key legislative proposals and ordinances throughout our state that have the potential to influence our industry directly. In an effort to keep our members informed and up to date on the latest developments locally, regionally and across the state, we will be generating periodic industry updates when the need arrises. We have created a brief synopsis of a recent development in South Florida that has the potential to impact our FLTA members.

Recently, the Board of County Commissioners approved ordinance 18-12 amending section 18-20.2 of the Miami | Dade County Code. The new ruling calls for the seller to disclose whether the property is within one of Miami | Dade County’s 1,070 Special Taxing Districts. The seller must include specific language on the instrument conveying property (the deed) and have the purchaser sign it. 

EXAMPLE - I HEREBY CERTIFY THAT I UNDERSTAND THAT THE PROPERTY WHICH IS THE SUBJECT OF THIS TRANSACTION IS LOCATED WITHIN _____ SPECIAL TAXING DISTRICT CREATED BY MIAMI- DADE COUNTY (OR PROPOSED TO THE BOARD OF COUNTY COMMISSIONERS) FOR THE PURPOSE OF PROVIDING LOCAL IMPROVEMENTS AND SERVICES IN THE NATURE OF _____. _______________________ Signature of Purchaser

The enforcement of this new ruling is set to begin May 17, 2018. However, there has been no clear outline as to what the penalty will be for non-compliance. Included in the new changes, the buyer will now be required to sign the deed acknowledging the disclosure. It is also unclear as to whether any liability would fall upon the title agent executing the closing should the seller not disclose the required information prior to the sale.

Currently, the new ordinance is centralized to the South Florida area, but could expand into Broward County. Our team is working with the Miami | Dade County Commission and the Mayor’s office to amend the process and garner additional clarification on the key issues we have identified. The intent of the ordinance change is positive, but the processes outlined may not be ideal which could possibly result in harming a transaction in the end. 

The FLTA team will keep you updated as we work to obtain additional information.