ANALYSIS OF
BILLS FILED
LEGISLATIVE SESSION 2022
SB 274
(SUMMARY): Condominium Fraud Investigation Pilot Program
(Senator Ana Maria Rodriguez)
ANALYSIS:
We should support the proposed bill SB 274
entitled “Condominium Fraud Investigation Pilot Program” filed by
Senator Ana Maria Rodriguez on September 21, 2021.
Under this bill, a pilot program is created to deal with
investigations on condominium-related fraud and corruption in
Broward, Miami-Dade, and Monroe Counties. The programs mission is to
deter, prevent and investigate fraud and corruption in condominium
associations. This bill provides greater protection to owners in
condominium the association, and specific methods, including the use
of retired law enforcement officers who have expertise in fraud or
corruption to foster a private/public partnership. The measures are
of benefit to Broward, Miami-Dade and Monroe counties.
This bill creates s.16.81 F.S., a pilot program entitled
“Condominium Fraud Investigation Pilot Program” (“Program”) within
the Department of Legal Affairs in the Office of the Attorney
General (“Department”). The purpose of the Program is to investigate
condominium-related fraud and corruption in Broward, Miami-Dade, and
Monroe Counties. As part of the Program, the creation of
private/public partnership and establishes that the Department is
authorized to and may contract private entities that employ retired
law enforcement officers who have financial fraud expertise. The
Department is also authorized to hire five law enforcement officers
who have been certified by the Department of Law Enforcement (as
defined in Chapter 943, F.S.) In addition, if the Department chooses
not to contract with private entities, then the Department must hire
three financial investigators, five investigators with previous law
enforcement experience, and three clerical employees to staff the
program, to ensure that the purpose of the the Program is fulfilled.
(Section 1. Section 16.81(1), Florida Statutes)
The bill also authorizes a person to file a complaint with the
Office of the Condominium Ombudsman. The Ombudsman is required to
review complaints and take special measures including forwarding of
complaints to the proper agency. In the event that the complaint
does not not contain allegations of fraud or corruption, the
Ombudsman must forward the complaint to the Division of Florida
Condominiums, Timeshares, and Mobile Homes. (Section 1. Section
16.81(2), Florida Statutes.)
The Program grants the Department the power to subpoena, audit, and
investigate in dealing with fraud and/or corruption, Department is
allowed to administer oaths, subpoena witnesses, and compel the
production of books, papers, or other records relevant to the
investigation. If. after a careful review, the Department finds
sufficient evidence for criminal prosecution, it must refer the case
to the appropriate state attorney for prosecution. (Section
1. Section 16.81(3), Florida Statutes)
The Program must be funded annually from the Division of Florida
Condominiums, Timeshares, and Mobile Homes Trust Fund, and funds
specifically with funds specifically appropriated in the General
Appropriations.
Further, the Program Program provides under 718.501, F.S. that the
Program will be repealed on October 2, 2027, unless dictated
otherwise by the Legislature.
Section 2. Subsection (1) of section 718.501, F.S., amends and
provides the authority, duty and responsibility by the Florida
Condominiums, Timeshares, and Mobile Homes, including forwarding
complaints relating to fraud or corruption to the Office of the
Condominium Ombudsman. The bill also provides under s. 718.5012, F.S.;
additional powers of the Ombudsman to include the ability to void or
cancel condominium elections if election monitors or election
statutes are violated; and provides an effective date.
CONDO REFORM CCFJ WISHLIST 2022
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