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    IMPORTANT NEW ORDINANCE
   IN MARION COUNTY
       By Bob Janauskas
In Marion county the Concerned Homeowners in Partnership, Inc. 
(CHIP), in conjunction with Commission 
Chairman Steve Henning, were instrumental
in pursuing the adoption of the Ordinance on 11 July 2000. 

Many individual residents and groups in our county, the city 
of Ocala and elsewhere played an important part in this 
entire process as they testified to commissioners 
about homeowners' rights. 

Marion county residents are aware that Commissioner 
Judy Johnson offered amendments to the original Ordinance 
which were approved unanimously by commissioners. 
Discussion of this ordinance was recommended before the
Florida Association of County Commissioners (FACC), of which
Commissioner Johnson serves in the capacity of President.
NOTE: This transcription is NOT an official document and can not be
relied upon as a legal authority. An official copy can be acquired from
  the Clerk of Courts or Marion county attorney.


        ORDINANCE 00-20

                 AN ORDINANCE OF MARION COUNTY, FLORIDA, 
                 RELATING TO THE FILING OF PUBLIC DOCUMENTS:
                 PROVIDING FOR MANDATORY FILING OF RESTRICTIVE
                 COVENANTS AND FINANCIAL REPORTS BY 
                 DEVELOPERS AS REQUIRED BY FLORIDA STATUTE 
                 689.26 AND FLORIDA STATUTE 689.265; PROVIDING FOR
                 PENALTIES AND ENFORCEMENT; PROVIDING FOR 
                 INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; 
                 PROVIDING FOR REPEAL; AND PROVIDING FOR AN
                 EFFECTIVE DATE. 

     WHEREAS, Florida Statute 689.26, requires that certain documents relating to restrictive covenants, recreational or other facilites which are available and for which a charge for use is imposed, and any other
assessments must be disclosed to a prospective purchaser prior to execution of a contract for sale; and 

     WHEREAS; such disclosure requires that said documents are matters
of public record and advises that copies may be obtained from the clerk's office in the county where the property is located; and 

     WHEREAS; Florida Statute 689..265, requires that in all residential subdivisions in which mandatory maintenance or amenity fees are paid to the subdivision developer or owner of common areas, recreation
facilities, or other properties serving lots or parcels, the developer or owner shall make public with 60 days following the end of each fiscal year a complete financial report of total receipts and itemized expenditures of such fees and charges; and 

     WHEREAS; the Marion County Board of County Commissioners hereby finds that it is in the public interest, and in order to protect the health, safety, and welfare of the citizens of Marion County, that the
documents required by Florida Statute 689.265 be timely filed with the Marion County Clerk of Circuit Court, Commission Records Division. 

     NOW, THERFORE, BE IT ORDAINED, by the Board of County Commissioners of Marion County, Florida as follows; 

SECTION 1. MANDATORY FILING OF PUBLIC DOCUMENTS 

     A.)   It shall be mandatory for all developers of subdivisions of Marion to place on file with the Clerk of Circuit Court, Commission Records Division copies of all documents, including amendments thereto,
containing restrictions, restrictive covenants or other documents relating to the use, occupancy, or ownership of lots or parcels including common properties within said subdivisions as required by
Florida Statute, 689.26. Any new documents created with regard to a subdivision shall be recorded in the official records of Marion County, Florida and a copy shall also be filed with the Clerk of Circuit Court,
Commission Records Division no later than 30 days following adoption by developer. 

     B.)   It shall be mandatory for all developers of subdivisions in Marion County or all owners of the common areas, recreational facilities and other properties serving said lots, parcels, or tracts to place on
file with the Clerk of Circuit Court, Commission Records Division copies of all financial reports required by Florida Statute, 689.265 within 75 days of the end of the fiscal year of the entity, however not later than
September 30, 2000, all developers or owners shall file with the Clerk of Circuit Court, commission Records Division, a copy of the financial report for their previous year. 

SECTION 2. PENALTY AND ENFORCEMENT. Failure to comply with the filing requirements of Section 1 shall be enforced pursuant to Chater 2, Article V, of the Marion County Code and may result in penalties as presecribed by Section 2-207 of the Marion County Code. 

SECTION 3. INCLUSION IN CODE. It is the intention of the Board of County Commissioiners of Marion County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Marion County, Florida, that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be change to "section", "article" or other appropriate designations. 

SECTION 4. SEVERABILITY. It is hereby declared to be the intent of the Board of County Commissioners that if any section, subsection, clause, phrase, or provision of this Ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this Ordinance. 

SECTION 5. REPEAL. All Ordinances, or parts of Ordinances in conflict with this Ordinance are to the extent of such conflict hereby repealed. 

SECTION 6. EFFECTIVE DATE. This Ordinance shall be filed with the Office of the Secretary of State by the Clerk within ten (10) days after enactment by the Board, and shall take effect upon receipt of official
acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. 

     DULY ADOPTED this 11th day of July, 2000 

                            BOARD OF COUNTY COMMISSIONERS
                            MARION COUNTY, FLORIDA 
                            _________________________________
                            STEVE F. HENNING, CHAIRMAN 

ATTEST:                                                  RECEIVED NOTICE FROM SECRETARY OF  STATE
_______________________                   ON JULY 20, 2000 THAT ORDINANCE WAS FILED
DAVID R.ELLSPERMANN, CLERK                            ON JULY 17, 2000