S666 GENERAL BILL
by Senator Margolis
Fla. Land Sales & Condominiums Div.;
revises time within which Florida Land Sales, Condominiums, &
Mobile Homes Div. of DBPR must respond to & take action on complaints.
Amends 718.501.
EFFECTIVE DATE: 07/01/2004.
11/19/03 SENATE Prefiled
12/05/03 SENATE Referred to Regulated
Industries; Appropriations
Subcommittee on General Government; Appropriations
CODING: Words stricken
are deletions; words underlined are
additions.
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A bill to be entitled
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An act relating to the Division of Florida Land
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Sales, Condominiums, and Mobile Homes of the
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Department of Business and Professional
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Regulation; amending s. 718.501, F.S.; revising
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the time within which the division must respond
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to and take action on complaints; providing an
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effective date.
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WHEREAS, each condominium association pays $4 per year
11 per unit, to be directly deposited
in the Florida Land Sales,
12 Condominium, and Mobile Homes
Trust Fund, and
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WHEREAS, the annual fee that is paid by the condominium
14 associations is intended to fund
the Department of Business
15 and Professional Regulation's
oversight of condominiums, land
16 sales, and mobile homes, and
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WHEREAS, the Legislature and the Governor, in fiscal
18 year 2003, transferred $8.3 million
from the Florida Land
19 Sales, Condominium, and Mobile
Homes Trust Fund to general
20 revenue, NOW, THEREFORE,
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22 Be It Enacted by the Legislature
of the State of Florida:
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Section 1. Paragraph (m) of subsection (1) of section
25 718.501, Florida Statutes,
is amended to read:
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718.501 Powers and duties of Division of Florida Land
27 Sales, Condominiums, and Mobile
Homes.--
28
(1) The Division of Florida Land Sales, Condominiums,
29 and Mobile Homes of the Department
of Business and
30 Professional Regulation, referred
to as the "division" in this
31 part, in addition to other powers
and duties prescribed by
1
1 chapter 498, has the power
to enforce and ensure compliance
2 with the provisions of this
chapter and rules promulgated
3 pursuant hereto relating
to the development, construction,
4 sale, lease, ownership,
operation, and management of
5 residential condominium
units. In performing its duties, the
6 division has the following
powers and duties:
7
(m) When a complaint is made, the division shall
8 conduct its inquiry with
due regard to the interests of the
9 affected parties. Within
15
30 days after receipt of
a
10 complaint, the division shall
acknowledge the complaint in
11 writing and notify the complainant
whether the complaint is
12 within the jurisdiction of the
division and whether additional
13 information is needed by the
division from the complainant.
14 The division shall conduct its
investigation and shall, within
15 3090
days after receipt of the original complaint or of
16 timely requested additional information,
take action upon the
17 complaint. However, the failure
to complete the investigation
18 within 3090
days does not prevent the division from
19 continuing the investigation,
accepting or considering
20 evidence obtained or received
after 30 90
days, or taking
21 administrative action if reasonable
cause exists to believe
22 that a violation of this chapter
or a rule of the division has
23 occurred. If an investigation
is not completed within the time
24 limits established in this paragraph,
the division shall, on a
25 monthly basis, notify the complainant
in writing of the status
26 of the investigation. When reporting
its action to the
27 complainant, the division shall
inform the complainant of any
28 right to a hearing pursuant to
ss. 120.569 and 120.57.
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Section 2. This act shall take effect July 1, 2004.
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SENATE SUMMARY
3 Revises the
time within which the Division of Florida
Land
Sales, Condominiums, and Mobile Homes of the
4 Department of
Business and Professional Regulation must
respond
to and take action on complaints filed with the
5 division.
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CODING: Words stricken
are deletions; words underlined are
additions. |