HB 1223 C
Relating to Condominium Associations
H1223    GENERAL BILL by Robaina; (CO-SPONSORS) Antone; Arza; Barreiro; Cantens; Garcia; Llorente; Murzin; Rivera; Rubio; Wiles; Zapata
RECOMMENDED by Business Regulation
Condominium Associations; prohibits exercise of multiple votes by owners  of multiple units; provides for grandfathering & modification of rental  rights; provides certain voting & approval criteria for amendments  depriving owners of certain rights; authorizes association to conduct  criminal background checks of potential unit owners & tenants; requires  creation of Condominium Owners' Bill of Rights, etc. Amends Ch. 718.  EFFECTIVE DATE: Upon becoming law. 
02/20/04 HOUSE  Prefiled
03/02/04 HOUSE  Introduced -HJ 00095
Business Regulation - Favorable With Committee Substitute ( see HB1223 CS )
State Administration - On Committee agenda --  03/29/04, 8:00 am, Reed Hall
READ STAFF ANALYSIS
Subcommittee on Commerce & Local Affairs Appropriations
Appropriations 
Now in Business Regulation - For more info see: 
COMMITTEE ON BUSINESS REGULATION
The bill was heard in this Committee on Wednesday, 3-10-2004, at 3.15. p.m. in
Morris Hall. Result: Favorable With Committee Substitute 
VOTE:
N  Altman
Y  Ambler
Y  Attkisson
Y  Baxley 
Y  Benson
Y  Bowen
Y  Brandenburg
Y  Dean
Y  Farkas
Y  Fields
Y  Garcia
Y  Greenstein
Y  Harper 
Y  Henriquez
Y  Holloway
Y Jennings
N  Johnson
N  Joyner 
N  Justice
Y  Kallinger
N  Kosmas 
Y  Littlefield
Y  Mahon
Y  Mayfield
Y  Mealor
Y  Murzin
Y  Paul
Y  Prieguez
Y  Reagan
Y  Richardson
Y  Ritter
Y  Robaina
Y  Ryan
Y  Smith
Y  Sorensen
Y  Stargel 
Y  Vana
N  Wishner
Y  Zapata

Total Yeas:  33  Total Nays:  6  Total Missed:  0
Total Vote:  39 



( Identical  S 2498 -- Senator Evelyn Lynn, 
Compare H 1663 -- Representative Mary Brandenburg )

COMMITTEE SUBSTITUTE

CODING: Words stricken are deletions; words underlined are additions. 

           F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
                                                    CHAMBER ACTION
The Committee on Business Regulation recommends the following: 
Committee Substitute
Remove the entire bill and insert: 

A bill to be entitled 
An act relating to condominium associations; amending s. 
718.103, F.S.; defining the term "immediate family 
member"; amending s. 718.110, F.S.; providing for 
grandfathering and modification of rental rights; 
providing for certain application of the amendment of unit 
owners' rental rights; providing certain voting and
approval criteria for amendments depriving owners of
certain rights; amending s. 718.112, F.S.; requiring super
majority votes to reduce certain required reserves;
creating s. 718.1125, F.S.; imposing eligibility
restrictions on association members; amending s. 718.116,
F.S.; increasing percentage of mortgage debt used as a
limit on liability in certain foreclosure actions;
requiring notice of intent to record a claim of lien;
designating liens inoperative and unenforceable if
requirements are not fulfilled; changing priority of
claims to which payments for delinquent assessments are
made; providing that certain late fees and interest shall
             Page 2
not be the sole basis for a lien; providing limitations on 
recording a claim of lien; providing criminal penalties
for willful and malicious imposition, enforcement, or 
overvaluation of a lien; requiring a super majority board
approval for excess funds from a special assessment to be
credited against future assessments; creating s. 718.130,
F.S.; providing a limitation on certain attorney's fees;
amending s. 718.3025, F.S.; requiring additional
disclosures for contract validity or enforceability;
providing that certain business entities may be contracted 
by the association to provide certain services if approved
by a majority of all unit owners; amending s. 718.3026,
F.S.; deleting a provision authorizing associations with
fewer than 100 units to opt out of certain products and
services contracting requirements; lowering a threshold
percentage to require competitive bidding; requiring a
minimum number of bids; specifying nonapplication to
certain contracts; amending s. 718.501, F.S.; requiring
mandatory training for certain board members; creating s.
718.5011, F.S.; creating an Office of the Condominium
Ombudsman within the Division of Florida Land Sales
Condominiums, and Mobile Homes; providing for the office's
independence from the division; authorizing the Joint 
Legislative Auditing Committee to appoint the ombudsman;
requiring the ombudsman to be an attorney; providing for
the filling of a vacant ombudsman position; requiring the
ombudsman and staff to subscribe to the oath of office
required of state officers; prohibiting the ombudsman and

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staff from engaging in any other profession, serving as a
representative or employee of any political party, or
receiving remuneration for activities on behalf of
political candidates; prohibiting the ombudsman and staff
from seeking public office unless resigned from the Office
of the Condominium Ombudsman; providing requirements and
limitations for office staff; creating s. 718.5012, F.S.;
providing for powers and duties of the ombudsman; creating
s. 718.5013, F.S.; providing for compensation and expenses
for the office; authorizing the ombudsman to employ
clerical and technical assistants for certain purposes;
creating s. 718.5014, F.S.; providing for the location of
the ombudsman's office; creating s. 718.5015, F.S.;
creating the Advisory Council on Condominiums; providing
for membership, functions, meetings, and offices of the
council; amending s. 718.504, F.S.; revising provisions
relating to certain prospectus and offering circulars;
requiring developers of certain condominiums to provide a
prospectus including a "Frequently Asked Questions and
Answers" document; requiring the document to contain
certain information; reducing the threshold amount to be
required to be disclosed in controversy for litigation;
requiring certain information to be included in the
prospectus or offering circular; providing for a type two
transfer of all records, personnel, property, and
unexpended balances of appropriations, allocations, o
other funds for the administration of pt. VIII of ch. 468,
F.S., from the Division of Professions to the Division of 

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Florida Land Sales, Condominiums, and Mobile Homes within
the Department of Business and Professional Regulation;
preserving the department's authority to pursue certain
remedies; creating s. 718.510, F.S.; requiring the
creation of a Condominium Owners' Bill of Rights;
providing an effective date.

Be It Enacted by the Legislature of the State of Florida: 87

Section 1. Subsections (18) through (30) of section
718.103, Florida Statutes, are renumbered as subsections (19)
through (31), respectively, and a new subsection (18) is added
to said section, to read:
718.103 Definitions.--As used in this chapter, the term:
(18) "Immediate family member" means a parent, child,
spouse, sibling, grandparent, grandchild, uncle, aunt, niece,
nephew, great-uncle, great-aunt, great-nephew, great-niece,
first cousin, or second cousin by blood, marriage, or adoption
and includes half and step relatives.
Section 2. Subsection (13) is added to section 718.110,
Florida Statutes, to read:
718.110 Amendment of declaration; correction of error or
omission in declaration by circuit court; grandfathering and
modification of certain rights.-
(13)(a) Unless expressly stated in the amendment, any 
amendment restricting unit owners' rights relating to the rental
of units, keeping of pets, or allocation of parking spaces shall

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apply only to unit owners who purchase their unit after the
effective date of that amendment.
(b) Notwithstanding any other provision of law, or of the
declaration or bylaws, if an amendment expressly deprives
current unit owners of any part of their rights mentioned in
subsection (a), it must be approved by at least three-fourths of
the voting interests. A declaration or an amendment to a
declaration may provide for a higher super majority vote
requirement.
Section 3. Paragraph (f) of subsection (2) of section 
718.112, Florida Statutes, is amended to read:
718.112 Bylaws.--
(2) REQUIRED PROVISIONS.--The bylaws shall provide for the
following and, if they do not do so, shall be deemed to include
the following:
(f) Annual budget.--
1. The proposed annual budget of common expenses shall be 
detailed and shall show the amounts budgeted by accounts and 
expense classifications, including, if applicable, but not 
limited to, those expenses listed in s. 718.504(21). A 
multicondominium association shall adopt a separate budget of 
common expenses for each condominium the association operates 
and shall adopt a separate budget of common expenses for the
association. In addition, if the association maintains limited
common elements with the cost to be shared only by those
entitled to use the limited common elements as provided for in 
s. 718.113(1), the budget or a schedule attached thereto shall 
show amounts budgeted therefor. If, after turnover of control of 

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the association to the unit owners, any of the expenses listed
in s. 718.504(21) are not applicable, they need not be listed.
2. In addition to annual operating expenses, the budget
shall include reserve accounts for capital expenditures and
deferred maintenance. These accounts shall include, but are not
limited to, roof replacement, building painting, and pavement
resurfacing, regardless of the amount of deferred maintenance
expense or replacement cost, and for any other item for which
the deferred maintenance expense or replacement cost exceeds
$10,000. The amount to be reserved shall be computed by means of
a formula which is based upon estimated remaining useful life
and estimated replacement cost or deferred maintenance expense
of each reserve item. The association may adjust replacement
reserve assessments annually to take into account any changes in
estimates or extension of the useful life of a reserve item
caused by deferred maintenance. This subsection does not apply
to an adopted budget in which the members of an association have
determined, by a two-thirdsmajority vote at a duly called
meeting of the association, to provide no reserves or less
reserves than required by this subsection. However, prior to
turnover of control of an association by a developer to unit 
owners other than a developer pursuant to s. 718.301, the 
developer may vote to waive the reserves or reduce the funding
of reserves for the first 2 fiscal years of the association's
operation, beginning with the fiscal year in which the initial
declaration is recorded, after which time reserves may be waived
or reduced only upon the vote of a majority of all nondeveloper 
voting interests voting in person or by limited proxy at a duly

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called meeting of the association. If a meeting of the unit
owners has been called to determine whether to waive or reduce
the funding of reserves, and no such result is achieved or a
quorum is not attained, the reserves as included in the budget 
shall go into effect. After the turnover, the developer may vote
its voting interest to waive or reduce the funding of reserves.
3. Reserve funds and any interest accruing thereon shall
remain in the reserve account or accounts, and shall be used
only for authorized reserve expenditures unless their use for
other purposes is approved in advance by a majority vote at a
duly called meeting of the association. Prior to turnover of
control of an association by a developer to unit owners other
than the developer pursuant to s. 718.301, the developer-
controlled association shall not vote to use reserves for
purposes other than that for which they were intended without
the approval of a majority of all nondeveloper voting interests,
voting in person or by limited proxy at a duly called meeting of
the association.
4. In a multicondominium association, the only voting
interests which are eligible to vote on questions that involve
waiving or reducing the funding of reserves, or using existing
reserve funds for purposes other than purposes for which the
reserves were intended, are the voting interests of the units
subject to assessment to fund the reserves in question.
Section 4. Section 718.1125, Florida Statutes, is created
to read:

Page 8 of 42

718.1125 Board eligibility restrictions.--Notwithstanding
any provision of the declaration or bylaws, no one may serve on
the board of the same association:
(1) Alongside an immediate family member who is also on
that board, except if approved by a majority of the present unit
owners voting. If this subsection is violated, the later-elected
immediate family member's election shall be deemed void. Good-
faith ignorance of such a relationship shall prevent the
operation of this subsection, but only until such a relationship 
is discovered. 
(2) Unless actually resident in the condominium for at
least 3 months out of the year prior to the annual meeting at
which he or she was elected.
Section 5. Paragraphs (b) and (c) of subsection (1),
subsection (3), paragraphs (a) and (b) of subsection (5),
paragraph (b) of subsection (6), and subsection (10) of section 
718.116, Florida Statutes, are amended, and paragraph (e) is
added to subsection (6) of said section, to read: 
718.116 Assessments; liability; lien and priority;
interest; collection.-- 
(1) 
(b) The liability of a first mortgagee or its successor or 
assignees who acquire title to a unit by foreclosure or by deed
in lieu of foreclosure for the unpaid assessments that became
due prior to the mortgagee's acquisition of title is limited to
the lesser of:
1. The unit's unpaid common expenses and regular periodic
assessments which accrued or came due during the 6 months

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immediately preceding the acquisition of title and for which
payment in full has not been received by the association; or
2. FiveOne percent of the original mortgage debt. The
provisions of this paragraph apply only if the first mortgagee
joined the association as a defendant in the foreclosure action.
Joinder of the association is not required if, on the date the
complaint is filed, the association was dissolved or did not
maintain an office or agent for service of process at a location
which was known to or reasonably discoverable by the mortgagee.
(c) The person acquiring title shall pay the amount owed 
to the association within 30 days after transfer of title.
Failure to pay the full amount when due shall entitle the
association to record a claim of lien against the parcel and
proceed in the same manner as provided in this section for the
collection of unpaid assessments. Such a lien may not be
recorded until 30 days after the association posts notice by
certified mail to the person acquiring title of its intent to
record the lien.
(3) Assessments and installments on them which are not
paid when due bear interest at the rate provided in the
declaration, from the due date until paid. This rate may not
exceed the rate allowed by law, and, if no rate is provided in
the declaration, interest shall accrue at the rate of 18 percen
per year. Also, if the declaration or bylaws so provide, the 
association may charge an administrative late fee in addition to
such interest, in an amount not to exceed the greater of $25 or
5 percent of each installment of the assessment for each
delinquent installment that the payment is late. Any payment

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received by an association shall be applied first to the
delinquent assessment, then to any costs and reasonable
attorney's fees incurred in collection, then to any interest
accrued by the association, and then to any administrative late
fee, then to any costs and reasonable attorney's fees incurred
in collection, and then to the delinquent assessment. The
foregoing shall be applicable notwithstanding any restrictive
endorsement, designation, or instruction placed on or
accompanying a payment. A late fee shall not be subject to the
provisions in chapter 687 or s. 718.303(3).
(5)(a) The association has a lien on each condominium
parcel to secure the payment of assessments. No administrative
late fee or interest shall be the sole basis for a lien. Except
as otherwise provided in subsection (1) and as set forth below,
the lien is effective from and shall relate back to the
recording of the original declaration of condominium, or, in the
case of lien on a parcel located in a phase condominium, the
last to occur of the recording of the original declaration or
amendment thereto creating the parcel. However, as to first
mortgages of record, the lien is effective from and after
recording of a claim of lien in the public records of the county 
in which the condominium parcel is located. Nothing in this 
subsection shall be construed to bestow upon any lien, mortgage,
or certified judgment of record on April 1, 1992, including the
lien for unpaid assessments created herein, a priority which, by
law, the lien, mortgage, or judgment did not have before that 
date.

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(b) To be valid, a claim of lien must state the 
description of the condominium parcel, the name of the record
owner, the name and address of the association, the amount due,
and the due dates. It must be executed and acknowledged by an
officer or authorized agent of the association. The claim of
lien may not be recorded until 30 days after the association
posts notice of its intent to record the claim by certified or
registered mail to the record owner or delivers such notice to
the record owner by hand. Failure to comply with this
requirement renders the claim of lien inoperative and
unenforceable until compliance. No such lien shall be effective
longer than 1 year after the claim of lien was recorded unless
within that time, an action to enforce the lien is commenced.
The 1-year period shall automatically be extended for any length
of time during which the association is prevented from filing a
foreclosure action by an automatic stay resulting from a
bankruptcy petition filed by the parcel owner or any other
person claiming an interest in the parcel. The claim of lien
shall secure all unpaid assessments which are due and which may
accrue subsequent to the recording of the claim of lien and
prior to the entry of a certificate of title, as well as 
interest and all reasonable costs and attorney's fees incurred
by the association incident to the collection process. Upon
payment in full, the person making the payment is entitled to a
satisfaction of the lien. 
(6)
(b) No foreclosure judgment may be entered until at least
30 days after the association gives written notice to the unit

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owner of its intention to foreclose its lien to collect the
unpaid assessments. If this notice is not given at least 30 days
before the foreclosure action is filed, and if the unpaid
assessments, including those coming due after the claim of lien
is recorded, are paid before the entry of a final judgment of
foreclosure or money judgment, the association shall not recover
attorney's fees or costs. The notice must be given by delivery 
of a copy of it to the unit owner or by certified or registered
mail, return receipt requested, addressed to the unit owner at
his or her last known address; and, upon such mailing, the
notice shall be deemed to have been given, and the court shall
proceed with the foreclosure action and may award attorney's
fees and costs as permitted by law. The notice requirements of
this subsection are satisfied if the unit owner records a notice
of contest of lien as provided in subsection (5). The notice
requirements of this subsection do not apply if an action to
foreclose a mortgage on the condominium unit is pending before
any court; if the rights of the association would be affected by
such foreclosure; and if actual, constructive, or substitute
service of process has been made on the unit owner.
(e) A board member or officer of an association, or his or
her immediate family member, who willfully and maliciously acts
to impose, enforce, or increase the overall value of a lien for
the payment of assessments with the intent to purchase or assist
in the purchase of a condominium unit at foreclosure commits a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.

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(10) The specific purpose or purposes of any special 
assessment approved in accordance with the condominium documents
shall be set forth in a written notice of such assessment sent
or delivered to each unit owner. The funds collected pursuant to
a special assessment shall be used only for the specific purpose
or purposes set forth in such notice. However, upon completion
of such specific purpose or purposes, any excess funds will be
considered common surplus, and may, at the discretion of the
board, either be returned to the unit owners or, upon approval
of two-thirds of the board, be applied as a credit toward future
assessments.
Section 6. Section 718.130, Florida Statutes, is created
to read:
718.130 Limitation on attorney's fees.--Notwithstanding
any other provision of law, an attorney may not charge in excess
of $75 per letter for correspondence, collection efforts, 
litigation, or other business arising under this chapter.
Section 7. Paragraph (e) of subsection (1) of section
718.3025, Florida Statutes, is amended, subsection (4) of said
section is renumbered as subsection (5), and a new subsection
(4) is added to said section, to read:
718.3025 Agreements for operation, maintenance, or
management of condominiums; specific requirements.--
(1) No written contract between a party contracting to
provide maintenance or management services and an association 
which contract provides for operation, maintenance, or
management of a condominium association or property serving the 

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unit owners of a condominium shall be valid or enforceable 
unless the contract: 
(e) Discloses any financial or ownership interest which 
the developer, if the developer is in control of the 
association, any officer of the association, or any member of 
the board holds with regard to the party contracting to provide
maintenance or management services.
(4) A business entity of whom an association's board
member or officer or his or her immediate family member is an
employee, or in which an association's board member or officer 
or any or all of his or her immediate family members together 
hold an ownership interest of 10 percent or more, may be
contracted to provide maintenance or management services to that 
association only if approved by a majority of all unit owners. A
contract in violation of this subsection shall be void. 
Section 8. Section 718.3026, Florida Statutes, is amended 
to read: 
718.3026 Contracts for products and services; in writing; 
bids; exceptions.--Associations with less than 100 units may opt 
out of the provisions of this section if two-thirds of the unit 
owners vote to do so, which opt-out may be accomplished by a 
proxy specifically setting forth the exception from this 
section. 
(1) All contracts as further described herein or any 
contract that is not to be fully performed within 1 year after
the making thereof, for the purchase, lease, or renting of
materials or equipment to be used by the association in
accomplishing its purposes under this chapter, and all contracts

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for the provision of services, shall be in writing. If a
contract for the purchase, lease, or renting of materials or
equipment, or for the provision of services, requires payment by
the association on behalf of any condominium operated by the
association in the aggregate that exceeds 2.55 percent of the
total annual budget of the association, including reserves, the
association shall obtain no fewer than three competitive bids
for the materials, equipment, or services. Nothing contained
herein shall be construed to require the association to accept
the lowest bid.
(2)(a)1. Notwithstanding the foregoing, contracts with
employees of the association, and contracts for attorney,
accountant, architect, community association manager, timeshare 
management firm, engineering, and landscape architect services
are not subject to the provisions of this section. 
2. A contract executed before January 1, 1992, and any
renewal thereof, is not subject to the competitive bid
requirements of this section. If a contract was awarded under
the competitive bid procedures of this section, any renewal of 
that contract is not subject to such competitive bid
requirements if the contract contains a provision that allows 
the board to cancel the contract on 30 days' notice. Materials, 
equipment, or services provided to a condominium under a local 
government franchise agreement by a franchise holder are not
subject to the competitive bid requirements of this section. A
contract with a manager, if made by a competitive bid, may be
made for up to 3 years. A condominium whose declaration or
bylaws provides for competitive bidding for services may operate 

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under the provisions of that declaration or bylaws in lieu of 
this section if those provisions are not less stringent than the 
requirements of this section. 
(b) Nothing contained herein is intended to limit the 
ability of an association to obtain needed products and services 
in an emergency. 
(c) This section shall not apply if the business entity 
with which the association desires to enter into a contract is 
the only source of supply within the county serving the 
association. 
(d) Nothing contained herein shall excuse a party 
contracting to provide maintenance or management services from 
compliance with s. 718.3025. 
Section 9. Paragraph (j) of subsection (1) of section 
718.501, Florida Statutes, is amended to read: 
718.501 Powers and duties of Division of Florida Land 
Sales, Condominiums, and Mobile Homes.-- 
(1) The Division of Florida Land Sales, Condominiums, and 
Mobile Homes of the Department of Business and Professional 
Regulation, referred to as the "division" in this part, in 
addition to other powers and duties prescribed by chapter 498, 
has the power to enforce and ensure compliance with the 
provisions of this chapter and rules promulgated pursuant hereto 
relating to the development, construction, sale, lease, 
ownership, operation, and management of residential condominium 
units. In performing its duties, the division has the following 
powers and duties: 

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(j) The division shall provide training programs for 
condominium association board members and unit owners. Training 
shall be mandatory for newly elected board members and for 
members currently serving on a board who have not previously 
attended training.
Section 10. Section 718.5011, Florida Statutes, is created 
to read: 
718.5011 Ombudsman; appointment; oath; restrictions on 
ombudsman and his or her employees.--
(1) There is created an Office of the Condominium
Ombudsman that for administrative purposes shall be located
within the Division of Florida Land Sales, Condominiums, and
Mobile Homes. However, the office shall be independent of the
division.
(2) The Joint Legislative Auditing Committee shall appoint
an ombudsman by majority vote of the members of that committee.
The ombudsman shall be an attorney admitted to practice before
the Florida Supreme Court and shall serve at the pleasure of the
Joint Legislative Auditing Committee. Vacancies in the office
shall be filled in the same manner as the original appointment. 
The ombudsman and attorneys under his staff shall take and
subscribe to the oath of office required of state officers by
the State Constitution. No officer or full-time employee of the
ombudsman's office shall actively engage in any other business
or profession; serve as the representative of any political 
party, executive committee, or other governing body thereof;
serve as an executive, officer, or employee of any political 
party, committee, organization, or association; receive

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remuneration for activities on behalf of any candidate for
public office; or engage on behalf of any candidate for public
office in the solicitation of votes or other activities on
behalf of such candidacy. Neither the ombudsman nor any employee
of his or her office shall become a candidate for election to
public office unless he or she first resigns from his or her
office or employment. 
Section 11. Section 718.5012, Florida Statutes, is created
to read: 
718.5012 Ombudsman; powers and duties.--The ombudsman 
shall have such powers as are necessary to carry out the duties 
of his or her office, including, but not limited to, the
following specific powers: 
(1) To have access to and use of all files and records of 
the division and of all condominium associations, by subpoena if 
necessary. 
(2) To conduct onsite inspections of condominiums, 
including surprise inspections in accordance with rules 
providing for such inspections. 
(3) To prepare and issue reports, recommendations, and 
proposed orders to the division, the Governor, the Advisory 
Council on Condominiums, the President of the Senate, the 
Speaker of the House of Representatives, and minority leaders of
the Senate and the House of Representatives on any matter or
subject within the jurisdiction of the division, and to make 
such recommendations as he or she deems appropriate for 
legislation relative to division procedures, rules, 
jurisdiction, personnel, and functions. 

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(4) To act as liaison between the division and unit
owners, and to assist any unit owner in the preparation and
filing of a complaint to be investigated by the division. The
ombudsman shall establish procedures for receiving complaints.
Any complaint deemed valid by the ombudsman and properly falling
within the jurisdiction of the division and requiring remedial
action shall be identified and promptly filed with the division.
Upon the concurrence of the division, the ombudsman shall
establish target dates for concluding an investigation and for
taking appropriate specified remedial action. The ombudsman may
recommend that the division initiate enforcement proceedings in
accordance with chapter 120. The department and the ombudsman
may take findings of a criminal nature and submit them as 
evidence to the state attorney's office and work with such 
office to bring charges against the alleged parties involved.
(5) To monitor, investigate, and review condominium 
elections and meetings. In addition, the ombudsman shall: 
(a) Prove to the division, by clear and convincing 
evidence, that a member of a condominium board has attempted,
engaged in, conspired to engage in, or willfully and knowingly 
benefited from electoral fraud in order for the division to 
order such member removed from office. Such an order of removal 
shall also prohibit such member from running for election to any 
office of the condominium board in the state for 4 years. If any 
person is so removed from office twice, such person shall be
barred for life from serving on a condominium board. Factual 
findings forming the basis for an order of removal shall be 
subject to judicial review only for abuse of discretion. 

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(b) Jointly, with the division, adopt rules governing 
removal proceedings. Such rules shall, at a minimum, provide the 
accused board member with adequate notice, opportunity to be 
heard, the right to confront and cross-examine witnesses, the
right to submit rebuttal evidence, and the right to counsel.

Neither this subsection nor rules adopted to implement it shall
be construed to require provision of counsel or witnesses, or
other assistance, at public expense.
(6) To resolve disputes among unit owners by ordering
mediation or arbitration in the same manner as the division. 
(7) To make recommendations to the division for changes in 
rules and procedures for the filing, investigation, and 
resolution of complaints filed by unit owners. 
Section 12. Section 718.5013, Florida Statutes, is created 
to read: 
718.5013 Ombudsman; compensation and expenses.-- 
(1) All costs and expenses incurred by the Office of the 
Condominium Ombudsman shall be paid from disbursements from the 
Division of Florida Land Sales, Condominiums, and Mobile Homes 
Trust Fund and shall require approval of the Joint Legislative 
Auditing Committee. 
(2) The Joint Legislative Auditing Committee may authorize 
the ombudsman to employ clerical and technical assistants whose 
qualifications, duties, and responsibilities the committee shall 
from time to time prescribe, and to enter into such contracts as 
necessary. The committee may authorize retention of the services 
of additional attorneys or experts to the extent that the best 

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interests of the people of the state will be better served 
thereby, including the retention of expert witnesses and other 
technical personnel for participation in contested proceedings
before the division. 
Section 13. Section 718.5014, Florida Statutes, is created
to read: 
718.5014 Ombudsman; location.--The ombudsman shall
maintain his or her principal office in Leon County on the
premises of the division or, if suitable space cannot be 
provided there, at such other place convenient to the offices of 
the division as will enable the ombudsman to expeditiously carry 
out the duties and functions of his or her office. The ombudsman 
may establish branch offices upon the concurrence of the Joint
Legislative Auditing Committee 
Section 14. Section 718.5015, Florida Statutes, is created 
to read: 
718.5015 Advisory council; membership functions.-- 
(1) There is created the Advisory Council on Condominiums. 
The council shall consist of seven members. Two members shall be
appointed by the Speaker of the House of Representatives, two 
members shall be appointed by the President of the Senate, and 
three members shall be appointed by the Governor. At least one 
member shall represent timeshare condominiums. Members shall be 
appointed to 2-year terms; however, of the initial appointments,
one of the members appointed by each of the Governor, the 
Speaker of the House of Representatives, and the President of 
the Senate shall be appointed to 1-year terms. In addition to 
these appointed members, the director of the Division of Florida 

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Land Sales, Condominiums, and Mobile Homes shall serve as an ex 
officio member of the council. It is the intent of the 
Legislature that the persons appointed to this council represent 
a cross-section of persons interested in condominium issues. For
administrative purposes, the council shall be located in the 
Division of Florida Land Sales, Condominiums, and Mobile Homes
of the Department of Business and Professional Regulation.
Members of the council shall serve without compensation, but
shall be entitled to receive per diem and travel expenses
pursuant to s. 112.061 while on official business.
(2) The functions of the advisory council shall be to:
(a) Receive input from the public regarding issues of
concern with respect to condominiums and to receive
recommendations for any changes to be made in the condominium
law. The issues that the council shall consider shall include, 
but shall not be limited to, the rights and responsibilities of 
the unit owners in relation to the rights and responsibilities 
of the association. 
(b) Review, evaluate, and advise the division concerning 
revisions and adoption of rules affecting condominiums. 
(c) Recommend improvements, if needed, in the education 
programs offered by the division. 
(3) The council is authorized to elect a chair and vice 
chair and such other offices as it may deem advisable. The 
council shall meet at the call of its chair, at the request of a
majority of its membership, at the request of the division, or 
at such times as may be prescribed by its rules. A majority of 
the members of the council shall constitute a quorum for the

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transaction of all business and the carrying out of the duties 
of the council.
Section 15. Section 718.504, Florida Statutes, is amended
to read: 
718.504 Prospectus or offering circular; "Frequently Asked 
Questions and Answers".--Every developer of a residential 
condominium which contains more than 20 residential units, or 
which is part of a group of residential condominiums which will 
be served by property to be used in common by unit owners of 
more than 20 residential units, shall prepare a prospectus or 
offering circular and file it with the Division of Florida Land 
Sales, Condominiums, and Mobile Homes prior to entering into an 
enforceable contract of purchase and sale of any unit or lease 
of a unit for more than 5 years and shall furnish a copy of the 
prospectus or offering circular to each buyer. In addition to
the prospectus or offering circular, any prospective each buyer 
from the developer or a current unit owner shall be furnished a 
separate documentpage entitled "Frequently Asked Questions and 
Answers," which shall be in accordance with a format approved by 
the division and a copy of the financial information required by 
s. 718.111. This document page shall, in readable language, 
inform prospective purchasers regarding their voting rights and 
unit use restrictions, including restrictions on the leasing of 
a unit; shall indicate whether and in what amount the unit 
owners or the association is obligated to pay rent or land use 
fees for recreational or other commonly used facilities; shall 
contain a statement identifying that amount of assessment which,
pursuant to the budget, would be levied upon each unit type, 

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exclusive of any special assessments, and which shall further
identify the basis upon which assessments are levied, whether
monthly, quarterly, or otherwise; shall state and identify any
court cases in which the association is currently a party of
record in which the association may face liability in excess of
$25,000 or more$100,000; and which shall further state whether
membership in a recreational facilities association is
mandatory, and if so, shall identify the fees currently charged
per unit type. The division shall by rule require such other
disclosure as in its judgment will assist prospective 
purchasers. The prospectus or offering circular may include more
than one condominium, although not all such units are being 
offered for sale as of the date of the prospectus or offering
circular. The prospectus or offering circular must contain the 
following information:
(1) The front cover or the first page must contain only:
(a) The name of the condominium.
(b) The following statements in conspicuous type:
1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES, 

ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
MATERIALS. 
3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
REPRESENTATIONS.

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(2) Summary: The next page must contain all statements
required to be in conspicuous type in the prospectus or offering
circular.
(3) A separate index of the contents and exhibits of the
prospectus.
(4) Beginning on the first page of the text (not including
the summary and index), a description of the condominium,
including, but not limited to, the following information: 
(a) Its name and location. 
(b) A description of the condominium property, including,
without limitation: 
1. The number of buildings, the number of units in each
building, the number of bathrooms and bedrooms in each unit, and
the total number of units, if the condominium is not a phase
condominium, or the maximum number of buildings that may be 
contained within the condominium, the minimum and maximum 
numbers of units in each building, the minimum and maximum 
numbers of bathrooms and bedrooms that may be contained in each 
unit, and the maximum number of units that may be contained
within the condominium, if the condominium is a phase
condominium.
2. The page in the condominium documents where a copy of
the plot plan and survey of the condominium is located
3. The estimated latest date of completion of 
constructing, finishing, and equipping. In lieu of a date, the
description shall include a statement that the estimated date of
completion of the condominium is in the purchase agreement and a 

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reference to the article or paragraph containing that
information.
(c) The maximum number of units that will use facilities
in common with the condominium. If the maximum number of units
will vary, a description of the basis for variation and the
minimum amount of dollars per unit to be spent for additional
recreational facilities or enlargement of such facilities. If
the addition or enlargement of facilities will result in a
material increase of a unit owner's maintenance expense or
rental expense, if any, the maximum increase and limitations
thereon shall be stated.
(5)(a) A statement in conspicuous type describing whether
the condominium is created and being sold as fee simple
interests or as leasehold interests. If the condominium is
created or being sold on a leasehold, the location of the lease
in the disclosure materials shall be stated.
(b) If timeshare estates are or may be created with 
respect to any unit in the condominium, a statement in 
conspicuous type stating that timeshare estates are created and
being sold in units in the condominium. 
(6) A description of the recreational and other commonly
used facilities that will be used only by unit owners of the
condominium, including, but not limited to, the following: 
(a) Each room and its intended purposes, location, 
approximate floor area, and capacity in numbers of people.
(b) Each swimming pool, as to its general location,
approximate size and depths, approximate deck size and capacity,
and whether heated.

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(c) Additional facilities, as to the number of each 
facility, its approximate location, approximate size, and 
approximate capacity.
(d) A general description of the items of personal
property and the approximate number of each item of personal
property that the developer is committing to furnish for each
room or other facility or, in the alternative, a representation
as to the minimum amount of expenditure that will be made to
purchase the personal property for the facility.
(e) The estimated date when each room or other facility
will be available for use by the unit owners.
(f)1. An identification of each room or other facility to
be used by unit owners that will not be owned by the unit owners
or the association;
2. A reference to the location in the disclosure materials
of the lease or other agreements providing for the use of those
facilities; and 
3. A description of the terms of the lease or other
agreements, including the length of the term; the rent payable, 
directly or indirectly, by each unit owner, and the total rent
payable to the lessor, stated in monthly and annual amounts for
the entire term of the lease; and a description of any option to 
purchase the property leased under any such lease, including the 
time the option may be exercised, the purchase price or how it 
is to be determined, the manner of payment, and whether the 
option may be exercised for a unit owner's share or only as to
the entire leased property.

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(g) A statement as to whether the developer may provide 
additional facilities not described above; their general 
locations and types; improvements or changes that may be made; 
the approximate dollar amount to be expended; and the maximum
additional common expense or cost to the individual unit owners 
that may be charged during the first annual period of operation 
of the modified or added facilities. 

Descriptions as to locations, areas, capacities, numbers, 
volumes, or sizes may be stated as approximations or minimums. 
(7) A description of the recreational and other facilities 
that will be used in common with other condominiums, community
associations, or planned developments which require the payment
of the maintenance and expenses of such facilities, either
directly or indirectly, by the unit owners. The description
shall include, but not be limited to, the following: 
(a) Each building and facility committed to be built. 
(b) Facilities not committed to be built except under
certain conditions, and a statement of those conditions or
contingencies.
(c) As to each facility committed to be built, or which
will be committed to be built upon the happening of one of the 
conditions in paragraph (b), a statement of whether it will be 
owned by the unit owners having the use thereof or by an
association or other entity which will be controlled by them, or
others, and the location in the exhibits of the lease or other
document providing for use of those facilities.

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(d) The year in which each facility will be available for 
use by the unit owners or, in the alternative, the maximum 
number of unit owners in the project at the time each of all of 
the facilities is committed to be completed.
(e) A general description of the items of personal
property, and the approximate number of each item of personal
property, that the developer is committing to furnish for each
room or other facility or, in the alternative, a representation
as to the minimum amount of expenditure that will be made to
purchase the personal property for the facility.
(f) If there are leases, a description thereof, including
the length of the term, the rent payable, and a description of
any option to purchase.

Descriptions shall include location, areas, capacities, numbers,
volumes, or sizes and may be stated as approximations or
minimums.
(8) Recreation lease or associated club membership: 
(a) If any recreational facilities or other facilities
offered by the developer and available to, or to be used by,
unit owners are to be leased or have club membership associated,
the following statement in conspicuous type shall be included:
THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
CONDOMINIUM. There shall be a reference to the location in the
disclosure materials where the recreation lease or club
membership is described in detail.

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(b) If it is mandatory that unit owners pay a fee, rent,
dues, or other charges under a recreational facilities lease or
club membership for the use of facilities, there shall be in
conspicuous type the applicable statement:
1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS 
MANDATORY FOR UNIT OWNERS; or
2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
4. A similar statement of the nature of the organization
or the manner in which the use rights are created, and that unit
owners are required to pay.

Immediately following the applicable statement, the location in
the disclosure materials where the development is described in
detail shall be stated.
(c) If the developer, or any other person other than the
unit owners and other persons having use rights in the
facilities, reserves, or is entitled to receive, any rent, fee,
or other payment for the use of the facilities, then there shall
be the following statement in conspicuous type: THE UNIT OWNERS
OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR 
RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately 
following this statement, the location in the disclosure 

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materials where the rent or land use fees are described in 
detail shall be stated.
(d) If, in any recreation format, whether leasehold, club,
or other, any person other than the association has the right to
a lien on the units to secure the payment of assessments, rent,
or other exactions, there shall appear a statement in
conspicuous type in substantially the following form:
1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE 
FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.

Immediately following the applicable statement, the location in
the disclosure materials where the lien or lien right is
described in detail shall be stated.
(9) If the developer or any other person has the right to
increase or add to the recreational facilities at any time after
the establishment of the condominium whose unit owners have use 
rights therein, without the consent of the unit owners or
associations being required, there shall appear a statement in
conspicuous type in substantially the following form:
RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this

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statement, the location in the disclosure materials where such 
reserved rights are described shall be stated. 
(10) A statement of whether the developer's plan includes
a program of leasing units rather than selling them, or leasing
units and selling them subject to such leases. If so, there
shall be a description of the plan, including the number and
identification of the units and the provisions and term of the
proposed leases, and a statement in boldfaced type that: THE
UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
(11) The arrangements for management of the association
and maintenance and operation of the condominium property and of
other property that will serve the unit owners of the
condominium property, and a description of the management
contract and all other contracts for these purposes having a
term in excess of 1 year, including the following:
(a) The names of contracting parties. 
(b) The term of the contract.
(c) The nature of the services included.
(d) The compensation, stated on a monthly and annual
basis, and provisions for increases in the compensation.
(e) A reference to the volumes and pages of the 
condominium documents and of the exhibits containing copies of
such contracts. 

Copies of all described contracts shall be attached as exhibits. 
If there is a contract for the management of the condominium 
property, then a statement in conspicuous type in substantially 
the following form shall appear, identifying the proposed or 

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existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
CONTRACT MANAGER). Immediately following this statement, the
location in the disclosure materials of the contract for
management of the condominium property shall be stated.
(12) If the developer or any other person or persons other
than the unit owners has the right to retain control of the
board of administration of the association for a period of time
which can exceed 1 year after the closing of the sale of a
majority of the units in that condominium to persons other than
successors or alternate developers, then a statement in
conspicuous type in substantially the following form shall be
included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
HAVE BEEN SOLD. Immediately following this statement, the
location in the disclosure materials where this right to control 
is described in detail shall be stated.
(13) If there are any restrictions upon the sale, 
transfer, conveyance, or leasing of a unit, then a statement in 
conspicuous type in substantially the following form shall be
included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
CONTROLLED. Immediately following this statement, the location
in the disclosure materials where the restriction, limitation,
or control on the sale, lease, or transfer of units is described
in detail shall be stated.
(14) If the condominium is part of a phase project, the
following information shall be stated: 

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(a) A statement in conspicuous type in substantially the
following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
this statement, the location in the disclosure materials where
the phasing is described shall be stated.
(b) A summary of the provisions of the declaration which
provide for the phasing.
(c) A statement as to whether or not residential buildings
and units which are added to the condominium may be
substantially different from the residential buildings and units
originally in the condominium. If the added residential
buildings and units may be substantially different, there shall
be a general description of the extent to which such added
residential buildings and units may differ, and a statement in
conspicuous type in substantially the following form shall be
included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
UNITS IN THE CONDOMINIUM. Immediately following this statement,
the location in the disclosure materials where the extent to
which added residential buildings and units may substantially
differ is described shall be stated.
(d) A statement of the maximum number of buildings
containing units, the maximum and minimum numbers of units in 
each building, the maximum number of units, and the minimum and 
maximum square footage of the units that may be contained within
each parcel of land which may be added to the condominium.

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(15) If a condominium created on or after July 1, 2000, is
or may become part of a multicondominium, the following
information must be provided:
(a) A statement in conspicuous type in substantially the
following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
this statement, the location in the prospectus or offering
circular and its exhibits where the multicondominium aspects of
the offering are described must be stated.
(b) A summary of the provisions in the declaration,
articles of incorporation, and bylaws which establish and
provide for the operation of the multicondominium, including a
statement as to whether unit owners in the condominium will have
the right to use recreational or other facilities located or
planned to be located in other condominiums operated by the same
association, and the manner of sharing the common expenses
related to such facilities.
(c) A statement of the minimum and maximum number of
condominiums, and the minimum and maximum number of units in
each of those condominiums, which will or may be operated by the
association, and the latest date by which the exact number will 
be finally determined. 
(d) A statement as to whether any of the condominiums in
the multicondominium may include units intended to be used for
nonresidential purposes and the purpose or purposes permitted
for such use.

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(e) A general description of the location and approximate
acreage of any land on which any additional condominiums to be
operated by the association may be located.
(16) If the condominium is created by conversion of
existing improvements, the following information shall be
stated:
(a) The information required by s. 718.616.
(b) A caveat that there are no express warranties unless
they are stated in writing by the developer.
(17) A summary of the restrictions, if any, to be imposed
on units concerning the use of any of the condominium property,
including statements as to whether there are restrictions upon
children and pets, and reference to the volumes and pages of the
condominium documents where such restrictions are found, or if
such restrictions are contained elsewhere, then a copy of the
documents containing the restrictions shall be attached as an
exhibit.
(18) If there is any land that is offered by the developer
for use by the unit owners and that is neither owned by them nor
leased to them, the association, or any entity controlled by
unit owners and other persons having the use rights to such
land, a statement shall be made as to how such land will serve
the condominium. If any part of such land will serve the
condominium, the statement shall describe the land and the
nature and term of service, and the declaration or other
instrument creating such servitude shall be included as an
exhibit.

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(19) The manner in which utility and other services,
including, but not limited to, sewage and waste disposal, water
supply, and storm drainage, will be provided and the person or
entity furnishing them.
(20) An explanation of the manner in which the
apportionment of common expenses and ownership of the common
elements has been determined. 
(21) An estimated operating budget for the condominium and 
the association, and a schedule of the unit owner's expenses
shall be attached as an exhibit and shall contain the following 
information: 
(a) The estimated monthly and annual expenses of the
condominium and the association that are collected from unit
owners by assessments. 
(b) The estimated monthly and annual expenses of each unit
owner for a unit, other than common expenses paid by all unit
owners, payable by the unit owner to persons or entities other
than the association, as well as to the association, including
fees assessed pursuant to s. 718.113(1) for maintenance of
limited common elements where such costs are shared only by
those entitled to use the limited common element, and the total
estimated monthly and annual expense. There may be excluded from
this estimate expenses which are not provided for or
contemplated by the condominium documents, including, but not
limited to, the costs of private telephone; maintenance of the
interior of condominium units, which is not the obligation of
the association; maid or janitorial services privately
contracted for by the unit owners; utility bills billed directly

Page 38 of 42

to each unit owner for utility services to his or her unit;
insurance premiums other than those incurred for policies
obtained by the condominium; and similar personal expenses of
the unit owner. A unit owner's estimated payments for
assessments shall also be stated in the estimated amounts for
the times when they will be due.
(c) The estimated items of expenses of the condominium and
the association, except as excluded under paragraph (b),
including, but not limited to, the following items, which shall
be stated either as an association expense collectible by
assessments or as unit owners' expenses payable to persons other
than the association:
1. Expenses for the association and condominium:
a. Administration of the association.
b. Management fees.
c. Maintenance.
d. Rent for recreational and other commonly used
facilities.
e. Taxes upon association property.
f. Taxes upon leased areas.
g. Insurance.
h. Security provisions.
i. Other expenses.
j. Operating capital.
k. Reserves.
l. Fees payable to the division.
2. Expenses for a unit owner:
a. Rent for the unit, if subject to a lease.

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b. Rent payable by the unit owner directly to the lessor 
or agent under any recreational lease or lease for the use of
commonly used facilities, which use and payment is a mandatory
condition of ownership and is not included in the common expense
or assessments for common maintenance paid by the unit owners to
the association.
(d) The estimated amounts shall be stated for a period of
at least 12 months and may distinguish between the period prior
to the time unit owners other than the developer elect a
majority of the board of administration and the period after
that date.
(22) A schedule of estimated closing expenses to be paid
by a buyer or lessee of a unit and a statement of whether title
opinion or title insurance policy is available to the buyer and,
if so, at whose expense.
(23) The identity of the developer and the chief operating
officer or principal directing the creation and sale of the
condominium and a statement of its and his or her experience in
this field.
(24) Copies of the following, to the extent they are
applicable, shall be included as exhibits:
(a) The declaration of condominium, or the proposed
declaration if the declaration has not been recorded.
(b) The articles of incorporation creating the
association.
(c) The bylaws of the association.
(d) The ground lease or other underlying lease of the
condominium.

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(e) The management agreement and all maintenance and other
contracts for management of the association and operation of the
condominium and facilities used by the unit owners having a
service term in excess of 1 year.
(f) The estimated operating budget for the condominium and
the required schedule of unit owners' expenses.
(g) A copy of the floor plan of the unit and the plot plan
showing the location of the residential buildings and the
recreation and other common areas.
(h) The lease of recreational and other facilities that
will be used only by unit owners of the subject condominium.
(i) The lease of facilities used by owners and others.
(j) The form of unit lease, if the offer is of a
leasehold.
(k) A declaration of servitude of properties serving the
condominium but not owned by unit owners or leased to them or
the association.
(l) The statement of condition of the existing building or
buildings, if the offering is of units in an operation being
converted to condominium ownership.
(m) The statement of inspection for termite damage and
treatment of the existing improvements, if the condominium is a
conversion.
(n) The form of agreement for sale or lease of units.
(o) A copy of the agreement for escrow of payments made to
the developer prior to closing.
(p) A copy of the documents containing any restrictions on
use of the property required by subsection (17).

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(25) Any prospectus or offering circular complying, prior
to the effective date of this act, with the provisions of former
ss. 711.69 and 711.802 may continue to be used without amendment
or may be amended to comply with the provisions of this chapter.
(26) A brief narrative description of the location and
effect of all existing and intended easements located or to be
located on the condominium property other than those described
in the declaration.
(27) If the developer is required by state or local
authorities to obtain acceptance or approval of any dock or
marina facilities intended to serve the condominium, a copy of
any such acceptance or approval acquired by the time of filing
with the division under s. 718.502(1) or a statement that such
acceptance or approval has not been acquired or received.
(28) Evidence demonstrating that the developer has an
ownership, leasehold, or contractual interest in the land upon
which the condominium is to be developed.
(29) Whether the association is currently a party of
record in litigation in which the association may face liability
of $25,000 or more and, if so, the nature and title of that
litigation.
Section 16. All of the records, personnel, property, and
unexpended balances of appropriations, allocations, or other
funds for the administration of part VIII of chapter 468,
Florida Statutes, shall be transferred by a type two transfer as
defined in s. 20.06(2), Florida Statutes, from the Division of
Professions of the Department of Business and Professional
Regulation to the Division of Florida Land Sales, Condominiums,

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and Mobile Homes of the Department of Business and Professional 
Regulation. 
Section 17. The Department of Business and Professional 
Regulation may continue to prosecute any existing legal
proceedings and related administrative cases that are in
existence on the effective date of this act.
Section 18. Section 718.510, Florida Statutes, is created
to read:
718.510 Condominium Owners' Bill of Rights.--The division
shall adopt rules to provide for a brochure entitled
"Condominium Owners' Bill of Rights," which shall explain what
rights are afforded to condominium owners and potential
purchasers of condominiums under this chapter. It is the intent
of the Legislature that this brochure be widely distributed and
as conveniently available as possible.
Section 19. This act shall take effect upon becoming a 
law. 

CODING: Words stricken are deletions; words underlined are additions. 

Read the originally filed bill HB 1223

 
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