Fla. Admin. Code R. 61J2-10.200

Current through Reg. 50, No. 197; October 8, 2024

Section 61J2-10.200 - Buyer's Affidavits; Form

In order to implement sections 692.202(5)(c), 692.203(6)(c), and 692.204(6)(c), Florida Statutes, the Commission hereby establishes the following Forms of Affidavits of Buyers of Property.

(1) Buyer's Affidavits. At the time of purchase, buyers of real property shall sign an affidavit under penalty of perjury attesting to the requirements of sections 692.202-205, Florida Statutes. Such affidavits shall be signed by the buyers at the time of closing.

(2) Individual buyers shall use the following Affidavit, Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Natural Person Buyer.

Affidavit

[Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Natural Person Buyer]

BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared_______________________________ ("Affiant"), who deposes and says under penalties of perjury that:

(When used "Affiant" includes singular or plural as context so requires or admits.)

1. Affiant is purchasing or acquiring an interest in the following described real property:

[Insert Legal Description]

2. Affiant has been given the opportunity to consult with an attorney.

3. Affiant is (initial which is applicable):

Not a Foreign Principal as defined in s. 692.201, F.S., and is in compliance with the requirements set out in ss. 692.202-205, F.S.

A Foreign Principal as defined in s. 692.201, F.S., and is in compliance with the requirements set out in ss. 692.202-205, F.S.

4. Affiant acknowledges the foregoing representations will be relied upon to establish compliance with the law.

___________________________________________

(Affiant)

Print Name:_________________________________

Address: ___________________________________

STATE OF __________________________

COUNTY OF____________________

Sworn to (or affirmed) and subscribed before me by means of [ ] physical presence or [ ] online notarization this ___ day of _____, 20___, by___________________ who [ ] is personally known or [ ] has produced ______________ as identification.

[Notary Seal] ________________________________

Notary Public

Printed Name:_____________________

My Commission Expires:____________

(3) Entity buyers shall use the following Affidavit Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Entity Buyer.

Affidavit

[Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Entity Buyer]

BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared____________________________________ ("Affiant") who deposes and says under penalties of perjury that:

(When used "Affiant" and "Buyer" include singular or plural as context so requires or admits.)

1. Affiant is the [state official capacity] of [state name/type/venue of entity], which is hereinafter referred to as "Buyer." All statements in Lines 4 through 5 below are made solely with respect to the Buyer and any holder of a "Controlling Interest" in the Buyer (as defined in s. 287.138(1)(a), F.S.), in each case solely with respect to the real property identified in Line 2.

2. Buyer is purchasing or acquiring an interest in the following described real property:

[Insert Legal Description]

3. Affiant has been given the opportunity to consult with an attorney.

4. Buyer is (initial which is applicable):

Not a Foreign Principal as defined in s. 692.201, F.S., and is in compliance with the requirements set out in ss. 692.202-205, F.S.

A Foreign Principal as defined in s. 692.201, F.S., and is in compliance with the requirements set out in ss. 692.202-205, F.S.

5. Affiant acknowledges the foregoing representations will be relied upon to establish compliance with the law.

________________________________

(Affiant)

Print Name:______________________

Official Capacity:__________________

Name of Buyer:____________________

Address:__________________________

STATE OF __________________________

COUNTY OF ________________________

Sworn to (or affirmed) and subscribed before me by means of [ ] physical presence or [ ] online notarization this ___ day of _____, 20___, by_______________________ who [ ] is personally known or [ ] has produced ______________ as identification.

[Notary Seal] _____________________________

Notary Public

Printed Name: _________________

My Commission Expires: ________

Fla. Admin. Code Ann. R. 61J2-10.200

Rulemaking Authority 692.202(5)(c), 692.203(6)(c) FS. Law Implemented 692.202, 692.203 FS.

Adopted by Florida Register Volume 50, Number 002, January 3, 2024 effective 1/17/2024.

New 1-17-24.