HB 1229
Relating to Homeowner's & Condo Associations

READ ARTICLES ABOUT THIS BILL

H1229    GENERAL BILL by Representative Julio Robaina : Co-Sponsors: Anitere Flores, Anne Gannon, Priscilla Taylor, David Rivera, Juan Zapata

 

Referred Committees and Committee Actions:

Civil Justice Committee

STAFF ANALYSIS

State Administration Appropriations Committee

Justice Council

 

Homeowners' and Condominium Associations: Redesignates the Division of Florida Land Sales, Condominiums, and Mobile Homes as the Division of Florida Land Sales, Condominiums, Homeowners' Associations, Community Association Management, and Mobile Homes; provides a definition; provides that the Regulatory Council of Community Association Managers shall be within the Division of Florida Land Sales, Condominiums, Homeowners' Associations, Community Association Management, and Mobile Homes; provides that community association managers are subject to disciplinary action upon a finding by the division; requires the division to refer its findings to the Department of Business and Professional Regulation; includes cooperative units into rental rights grandfathered clause; provides condominium associations guidelines for the designation of disabled parking; requires association bylaws to mandate a specified reserve minimum; provides powers of the division to include homeowners' associations and community association management; requires training of condominium association board members; requires notice of violations; provides criteria for notice, including a response deadline; provides the ombudsman with certain powers concerning homeowners' associations; provides that an association or board may not waive its audit for more than 2 consecutive years.

Effective Date: July 1, 2005.

 

1 A bill to be entitled
2 An act relating to homeowners' and condominium
3 associations; amending s. 20.165, F.S.; redesignating the
4 Division of Florida Land Sales, Condominiums, and Mobile
5 Homes as the Division of Florida Land Sales, Condominiums,
6 Homeowners' Associations, Community Association
7 Management, and Mobile Homes; amending s. 468.431, F.S.;
8 providing a definition; amending s. 468.4315, F.S.;
9 providing that the Regulatory Council of Community
10 Association Managers shall be within the Division of
11 Florida Land Sales, Condominiums, Homeowners'
12 Associations, Community Association Management, and Mobile
13 Homes; amending s. 468.436, F.S.; providing that community
14 association managers are subject to disciplinary action
15 upon a finding by the division; requiring the division to
16 refer its findings to the Department of Business and
17 Professional Regulation; providing penalties; amending s.
18 718.111, F.S.; providing condominium associations
19 guidelines for the designation of disabled parking;
20 amending s. 718.112, F.S.; requiring association bylaws to
21 mandate a specified reserve minimum; amending s. 718.501,
22 F.S.; providing powers of the division to include
23 homeowners' associations and community association
24 management; requiring training of condominium association
25 board members; requiring notice of violations; providing
26 criteria for notice, including a response deadline;
27 amending s. 718.5012, F.S.; providing the ombudsman with
28 certain powers concerning homeowners' associations;
29 amending s. 719.104, F.S.; providing that an association
30 or board may not waive its audit for more than 2
31 consecutive years; amending s. 719.1055, F.S.; including
32 cooperative units in rental rights grandfathered clause;
33 creating s. 720.3015, F.S.; providing the division with
34 certain powers and duties relating to homeowners'
35 associations; creating s. 720.3071, F.S.; requiring
36 training of homeowners' association board members;
37 amending ss. 73.073, 190.009, 192.037, 213.053, 215.20,
38 326.002, 326.006, 380.0651, 455.116, 475.455, 498.005,
39 498.019, 498.047, 498.049, 509.512, 559.935, 718.103,
40 718.105, 718.1255, 718.5011, 718.502, 718.504, 718.508,
41 718.509, 718.608, 719.103, 719.1255, 719.501, 719.502,
42 719.504, 719.508, 719.608, 720.301, 721.05, 721.07,
43 721.08, 721.26, 721.28, 721.301, 721.50, 723.003, 723.006,
44 723.009, and 723.0611, F.S., to conform references;
45 providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49      Section 1.  Paragraph (d) of subsection (2) of section
50 20.165, Florida Statutes, is amended to read:
51      20.165  Department of Business and Professional
52 Regulation.--There is created a Department of Business and
53 Professional Regulation.
54      (2)  The following divisions of the Department of Business
55 and Professional Regulation are established:
56      (d)  Division of Florida Land Sales, Condominiums,
57 Homeowners' Associations, Community Association Management, and
58 Mobile Homes.
59      Section 2.  Subsection (5) of section 468.431, Florida
60 Statutes, is renumbered as subsection (6), and a new subsection
61 (5) is added to said section, to read:
62      468.431  Definitions.--
63      (5)  "Division" means the Division of Florida Land Sales,
64 Condominiums, Homeowners' Associations, Community Association
65 Management, and Mobile Homes of the Department of Business and
66 Professional Regulation.
67      Section 3.  Subsection (1) of section 468.4315, Florida
68 Statutes, is amended to read:
69      468.4315  Regulatory Council of Community Association
70 Managers.--
71      (1)  The Regulatory Council of Community Association
72 Managers is created within the division department and shall
73 consist of seven members appointed by the Governor and confirmed
74 by the Senate.
75      (a)  Five members of the council shall be licensed
76 community association managers, one of whom shall be a community
77 association manager employed by a timeshare managing entity as
78 described in ss. 468.438 and 721.13, who have held an active
79 license for 5 years. The remaining two council members shall be
80 residents of this state and must not be or ever have been
81 connected with the business of community association management.
82      (b)  The Governor shall appoint members for terms of 4
83 years. Such members shall serve until their successors are
84 appointed. Members' service on the council shall begin upon
85 appointment and shall continue until their successors are
86 appointed.
87      Section 4.  Section 468.436, Florida Statutes, is amended
88 to read:
89      468.436  Disciplinary proceedings.--
90      (1)  Upon a finding by the division, the following acts
91 constitute grounds for which the disciplinary actions in
92 subsection (3) may be taken:
93      (a)  Violation of any provision of s. 455.227(1).
94      (b)1.  Violation of any provision of this part.
95      2.  Violation of any lawful order or rule rendered or
96 adopted by the department or the council.
97      3.  Being convicted of or pleading nolo contendere to a
98 felony in any court in the United States.
99      4.  Obtaining a license or certification or any other
100 order, ruling, or authorization by means of fraud,
101 misrepresentation, or concealment of material facts.
102      5.  Committing acts of gross misconduct or gross negligence
103 in connection with the profession.
104      (2)  The council shall specify by rule the acts or
105 omissions that constitute a violation of subsection (1).
106      (3)  When the division department finds any community
107 association manager guilty of any of the grounds set forth in
108 subsection (1), it shall refer the matter to the department,
109 which may enter an order imposing one or more of the following
110 penalties:
111      (a)  Denial of an application for licensure.
112      (b)  Revocation or suspension of a license.
113      (c)  Imposition of an administrative fine not to exceed
114 $5,000 for each count or separate offense.
115      (d)  Issuance of a reprimand.
116      (e)  Placement of the community association manager on
117 probation for a period of time and subject to such conditions as
118 the department specifies.
119      (f)  Restriction of the authorized scope of practice by the
120 community association manager.
121      (4)  The department shall reissue the license of a
122 disciplined community association manager upon certification by
123 the department that the disciplined person has complied with all
124 of the terms and conditions set forth in the final order.
125      Section 5.  Subsection (15) is added to section 718.111,
126 Florida Statutes, to read:
127      718.111  The association.--
128      (15)  PARKING SPACES FOR PERSONS WHO HAVE
129 DISABILITIES.--Where guest parking is provided, guest parking
130 spaces shall be configured and assigned pursuant to s. 553.5041.
131 The association may increase the number of guest parking spaces,
132 if needed. Residents with disabilities shall not park in a
133 disabled guest parking space unless their assigned parking space
134 is in use illegally. Resident disabled parking shall be by
135 assignment from available spaces by the association, pursuant to
136 local fair housing law. When a resident has two vehicles, one
137 equipped with a lift, the association shall assign a second
138 parking space that satisfies the needs of the vehicle's lift
139 operation, if an additional parking space is available and
140 unassigned.
141      Section 6.  Paragraph (f) of subsection (2) of section
142 718.112, Florida Statutes, is amended to read:
143      718.112  Bylaws.--
144      (2)  REQUIRED PROVISIONS.--The bylaws shall provide for the
145 following and, if they do not do so, shall be deemed to include
146 the following:
147      (f)  Annual budget.--
148      1.  The proposed annual budget of common expenses shall be
149 detailed and shall show the amounts budgeted by accounts and
150 expense classifications, including, if applicable, but not
151 limited to, those expenses listed in s. 718.504(21). A
152 multicondominium association shall adopt a separate budget of
153 common expenses for each condominium the association operates
154 and shall adopt a separate budget of common expenses for the
155 association. In addition, if the association maintains limited
156 common elements with the cost to be shared only by those
157 entitled to use the limited common elements as provided for in
158 s. 718.113(1), the budget or a schedule attached thereto shall
159 show amounts budgeted therefor. If, after turnover of control of
160 the association to the unit owners, any of the expenses listed
161 in s. 718.504(21) are not applicable, they need not be listed.
162      2.  In addition to annual operating expenses, the budget
163 shall include reserve accounts for capital expenditures and
164 deferred maintenance. These accounts shall include, but are not
165 limited to, roof replacement, building painting, and pavement
166 resurfacing, regardless of the amount of deferred maintenance
167 expense or replacement cost, and for any other item for which
168 the deferred maintenance expense or replacement cost exceeds
169 $10,000. The amount to be reserved shall be computed by means of
170 a formula which is based upon estimated remaining useful life
171 and estimated replacement cost or deferred maintenance expense
172 of each reserve item. The association may adjust replacement
173 reserve assessments annually to take into account any changes in
174 estimates or extension of the useful life of a reserve item
175 caused by deferred maintenance. Reserves shall maintain a
176 minimum level of at least 10 percent of the yearly operating
177 budget. This subsection does not apply to an adopted budget in
178 which the members of an association have determined, by a
179 majority vote at a duly called meeting of the association, to
180 provide no reserves or less reserves than required by this
181 subsection. However, prior to turnover of control of an
182 association by a developer to unit owners other than a developer
183 pursuant to s. 718.301, the developer may vote to waive the
184 reserves or reduce the funding of reserves for the first 2
185 fiscal years of the association's operation, beginning with the
186 fiscal year in which the initial declaration is recorded, after
187 which time reserves may be waived or reduced only upon the vote
188 of a majority of all nondeveloper voting interests voting in
189 person or by limited proxy at a duly called meeting of the
190 association. If a meeting of the unit owners has been called to
191 determine whether to waive or reduce the funding of reserves,
192 and no such result is achieved or a quorum is not attained, the
193 reserves as included in the budget shall go into effect. After
194 the turnover, the developer may vote its voting interest to
195 waive or reduce the funding of reserves.
196      3.  Reserve funds and any interest accruing thereon shall
197 remain in the reserve account or accounts, and shall be used
198 only for authorized reserve expenditures unless their use for
199 other purposes is approved in advance by a majority vote at a
200 duly called meeting of the association. Prior to turnover of
201 control of an association by a developer to unit owners other
202 than the developer pursuant to s. 718.301, the developer-
203 controlled association shall not vote to use reserves for
204 purposes other than that for which they were intended without
205 the approval of a majority of all nondeveloper voting interests,
206 voting in person or by limited proxy at a duly called meeting of
207 the association.
208      4.  The only voting interests which are eligible to vote on
209 questions that involve waiving or reducing the funding of
210 reserves, or using existing reserve funds for purposes other
211 than purposes for which the reserves were intended, are the
212 voting interests of the units subject to assessment to fund the
213 reserves in question.
214      Section 7.  Section 718.501, Florida Statutes, is amended,
215 to read:
216      718.501  Powers and duties of Division of Florida Land
217 Sales, Condominiums, Homeowners' Associations, Community
218 Association Management, and Mobile Homes.--
219      (1)  The Division of Florida Land Sales, Condominiums,
220 Homeowners' Associations, Community Association Management, and
221 Mobile Homes of the Department of Business and Professional
222 Regulation, referred to as the "division" in this part, in
223 addition to other powers and duties prescribed by chapter 498,
224 has the power to enforce and ensure compliance with the
225 provisions of this chapter and rules promulgated pursuant hereto
226 relating to the development, construction, sale, lease,
227 ownership, operation, and management of residential condominium
228 units. In performing its duties, the division has the following
229 powers and duties:
230      (a)  The division may make necessary public or private
231 investigations within or outside this state to determine whether
232 any person or association has violated this chapter or any rule
233 or order hereunder, to aid in the enforcement of this chapter,
234 or to aid in the adoption of rules or forms hereunder.
235      (b)  The division may require or permit any person to file
236 a statement in writing, under oath or otherwise, as the division
237 determines, as to the facts and circumstances concerning a
238 matter to be investigated.
239      (c)  For the purpose of any investigation under this
240 chapter, the division director or any officer or employee
241 designated by the division director may administer oaths or
242 affirmations, subpoena witnesses and compel their attendance,
243 take evidence, and require the production of any matter which is
244 relevant to the investigation, including the existence,
245 description, nature, custody, condition, and location of any
246 books, documents, or other tangible things and the identity and
247 location of persons having knowledge of relevant facts or any
248 other matter reasonably calculated to lead to the discovery of
249 material evidence. Upon the failure by a person to obey a
250 subpoena or to answer questions propounded by the investigating
251 officer and upon reasonable notice to all persons affected
252 thereby, the division may apply to the circuit court for an
253 order compelling compliance.
254      (d)  Notwithstanding any remedies available to unit owners
255 and associations, if the division has reasonable cause to
256 believe that a violation of any provision of this chapter or
257 rule promulgated pursuant hereto has occurred, the division may
258 institute enforcement proceedings in its own name against any
259 developer, association, officer, or member of the board of
260 administration, or its assignees or agents, as follows:
261      1.  The division may permit a person whose conduct or
262 actions may be under investigation to waive formal proceedings
263 and enter into a consent proceeding whereby orders, rules, or
264 letters of censure or warning, whether formal or informal, may
265 be entered against the person.
266      2.  The division may issue an order requiring the
267 developer, association, officer, or member of the board of
268 administration, or its assignees or agents, to cease and desist
269 from the unlawful practice and take such affirmative action as
270 in the judgment of the division will carry out the purposes of
271 this chapter. Such affirmative action may include, but is not
272 limited to, an order requiring a developer to pay moneys
273 determined to be owed to a condominium association.
274      3.  The division may bring an action in circuit court on
275 behalf of a class of unit owners, lessees, or purchasers for
276 declaratory relief, injunctive relief, or restitution.
277      4.  The division may impose a civil penalty against a
278 developer or association, or its assignee or agent, for any
279 violation of this chapter or a rule promulgated pursuant hereto.
280 The division may impose a civil penalty individually against any
281 officer or board member who willfully and knowingly violates a
282 provision of this chapter, a rule adopted pursuant hereto, or a
283 final order of the division. The term "willfully and knowingly"
284 means that the division informed the officer or board member
285 that his or her action or intended action violates this chapter,
286 a rule adopted under this chapter, or a final order of the
287 division and that the officer or board member refused to comply
288 with the requirements of this chapter, a rule adopted under this
289 chapter, or a final order of the division. The division, prior
290 to initiating formal agency action under chapter 120, shall
291 afford the officer or board member an opportunity to voluntarily
292 comply with this chapter, a rule adopted under this chapter, or
293 a final order of the division. An officer or board member who
294 complies within 10 days is not subject to a civil penalty. A
295 penalty may be imposed on the basis of each day of continuing
296 violation, but in no event shall the penalty for any offense
297 exceed $5,000. By January 1, 1998, the division shall adopt, by
298 rule, penalty guidelines applicable to possible violations or to
299 categories of violations of this chapter or rules adopted by the
300 division. The guidelines must specify a meaningful range of
301 civil penalties for each such violation of the statute and rules
302 and must be based upon the harm caused by the violation, the
303 repetition of the violation, and upon such other factors deemed
304 relevant by the division. For example, the division may consider
305 whether the violations were committed by a developer or owner-
306 controlled association, the size of the association, and other
307 factors. The guidelines must designate the possible mitigating
308 or aggravating circumstances that justify a departure from the
309 range of penalties provided by the rules. It is the legislative
310 intent that minor violations be distinguished from those which
311 endanger the health, safety, or welfare of the condominium
312 residents or other persons and that such guidelines provide
313 reasonable and meaningful notice to the public of likely
314 penalties that may be imposed for proscribed conduct. This
315 subsection does not limit the ability of the division to
316 informally dispose of administrative actions or complaints by
317 stipulation, agreed settlement, or consent order. All amounts
318 collected shall be deposited with the Chief Financial Officer to
319 the credit of the Division of Florida Land Sales, Condominiums,
320 Homeowners' Associations, Community Association Management, and
321 Mobile Homes Trust Fund. If a developer fails to pay the civil
322 penalty, the division shall thereupon issue an order directing
323 that such developer cease and desist from further operation
324 until such time as the civil penalty is paid or may pursue
325 enforcement of the penalty in a court of competent jurisdiction.
326 If an association fails to pay the civil penalty, the division
327 shall thereupon pursue enforcement in a court of competent
328 jurisdiction, and the order imposing the civil penalty or the
329 cease and desist order will not become effective until 20 days
330 after the date of such order. Any action commenced by the
331 division shall be brought in the county in which the division
332 has its executive offices or in the county where the violation
333 occurred.
334      (e)  The division is authorized to prepare and disseminate
335 a prospectus and other information to assist prospective owners,
336 purchasers, lessees, and developers of residential condominiums
337 in assessing the rights, privileges, and duties pertaining
338 thereto.
339      (f)  The division has authority to adopt rules pursuant to
340 ss. 120.536(1) and 120.54 to implement and enforce the
341 provisions of this chapter.
342      (g)  The division shall establish procedures for providing
343 notice to an association when the division is considering the
344 issuance of a declaratory statement with respect to the
345 declaration of condominium or any related document governing in
346 such condominium community.
347      (h)  The division shall furnish each association which pays
348 the fees required by paragraph (2)(a) a copy of this act,
349 subsequent changes to this act on an annual basis, an amended
350 version of this act as it becomes available from the Secretary
351 of State's office on a biennial basis, and the rules promulgated
352 pursuant thereto on an annual basis.
353      (i)  The division shall annually provide each association
354 with a summary of declaratory statements and formal legal
355 opinions relating to the operations of condominiums which were
356 rendered by the division during the previous year.
357      (j)  The division shall provide training programs for
358 condominium association board members and unit owners. Training
359 shall be mandatory for newly elected board members and members
360 currently serving on a board who have not previously voluntarily
361 attended training.
362      (k)  The division shall maintain a toll-free telephone
363 number accessible to condominium unit owners.
364      (l)  The division shall develop a program to certify both
365 volunteer and paid mediators to provide mediation of condominium
366 disputes. The division shall provide, upon request, a list of
367 such mediators to any association, unit owner, or other
368 participant in arbitration proceedings under s. 718.1255
369 requesting a copy of the list. The division shall include on the
370 list of volunteer mediators only the names of persons who have
371 received at least 20 hours of training in mediation techniques
372 or who have mediated at least 20 disputes. In order to become
373 initially certified by the division, paid mediators must be
374 certified by the Supreme Court to mediate court cases in either
375 county or circuit courts. However, the division may adopt, by
376 rule, additional factors for the certification of paid
377 mediators, which factors must be related to experience,
378 education, or background. Any person initially certified as a
379 paid mediator by the division must, in order to continue to be
380 certified, comply with the factors or requirements imposed by
381 rules adopted by the division.
382      (m)  When a complaint is made, the division shall conduct
383 its inquiry with due regard to the interests of the affected
384 parties. Within 30 days after receipt of a complaint, the
385 division shall acknowledge the complaint in writing and notify
386 the complainant whether the complaint is within the jurisdiction
387 of the division and whether additional information is needed by
388 the division from the complainant. The division shall conduct
389 its investigation and shall, within 90 days after receipt of the
390 original complaint or of timely requested additional
391 information, take action upon the complaint. However, the
392 failure to complete the investigation within 90 days does not
393 prevent the division from continuing the investigation,
394 accepting or considering evidence obtained or received after 90
395 days, or taking administrative action if reasonable cause exists
396 to believe that a violation of this chapter or a rule of the
397 division has occurred. If an investigation is not completed
398 within the time limits established in this paragraph, the
399 division shall, on a monthly basis, notify the complainant in
400 writing of the status of the investigation. When reporting its
401 action to the complainant, the division shall inform the
402 complainant of any right to a hearing pursuant to ss. 120.569
403 and 120.57.
404      (n)  Any condominium owner found to be in violation of this
405 chapter shall be notified by the department by certified mail,
406 return receipt requested, at which time the condominium owner
407 will have 30 days in which to respond in writing.
408      (2)(a)  Effective January 1, 1992, each condominium
409 association which operates more than two units shall pay to the
410 division an annual fee in the amount of $4 for each residential
411 unit in condominiums operated by the association. If the fee is
412 not paid by March 1, then the association shall be assessed a
413 penalty of 10 percent of the amount due, and the association
414 will not have standing to maintain or defend any action in the
415 courts of this state until the amount due, plus any penalty, is
416 paid.
417      (b)  All fees shall be deposited in the Division of Florida
418 Land Sales, Condominiums, Homeowners' Associations, Community
419 Association Management, and Mobile Homes Trust Fund as provided
420 by law.
421      Section 8.  Subsection (10) is added to section 718.5012,
422 Florida Statutes, to read:
423      718.5012  Ombudsman; powers and duties.--The ombudsman
424 shall have the powers that are necessary to carry out the duties
425 of his or her office, including the following specific powers:
426      (10)  To monitor and review procedures and disputes
427 concerning homeowners' associations.
428      Section 9.  Paragraph (b) of subsection (4) of section
429 719.104, Florida Statutes, is amended to read:
430      719.104  Cooperatives; access to units; records; financial
431 reports; assessments; purchase of leases.--
432      (4)  FINANCIAL REPORT.--
433      (b)  The division shall adopt rules that may require that
434 the association deliver to the unit owners, in lieu of the
435 financial report required by this section, a complete set of
436 financial statements for the preceding fiscal year. The
437 financial statements shall be delivered within 90 days following
438 the end of the previous fiscal year or annually on such other
439 date as provided in the bylaws. The rules of the division may
440 require that the financial statements be compiled, reviewed, or
441 audited, and the rules shall take into consideration the
442 criteria set forth in s. 719.501(1)(j). The requirement to have
443 the financial statements compiled, reviewed, or audited does not
444 apply to associations if a majority of the voting interests of
445 the association present at a duly called meeting of the
446 association have determined for a fiscal year to waive this
447 requirement. In an association in which turnover of control by
448 the developer has not occurred, the developer may vote to waive
449 the audit requirement for the first 2 years of the operation of
450 the association, after which time waiver of an applicable audit
451 requirement shall be by a majority of voting interests other
452 than the developer. Under no circumstance may an association or
453 board waive its audit for more than 2 consecutive years. The
454 meeting shall be held prior to the end of the fiscal year, and
455 the waiver shall be effective for only one fiscal year. This
456 subsection does not apply to a cooperative that consists of 50
457 or fewer units.
458      Section 10.  Subsection (7) is added to section 719.1055,
459 Florida Statutes, to read:
460      719.1055  Amendment of cooperative documents; alteration
461 and acquisition of property.--
462      (7)  Any amendment restricting cooperative unit owners'
463 rights relating to the rental of units applies only to unit
464 owners who consent to the amendment and unit owners who purchase
465 their units after the effective date of that amendment.
466      Section 11.  Section 720.3015, Florida Statutes, is created
467 to read:
468      720.3015  Powers and duties of Division of Florida Land
469 Sales, Condominiums, Homeowners' Associations, Community
470 Association Management, and Mobile Homes.--The Division of
471 Florida Land Sales, Condominiums, Homeowners' Associations,
472 Community Association Management, and Mobile Homes of the
473 Department of Business and Professional Regulation in addition
474 to other powers and duties prescribed by chapter 498, has the
475 power to enforce and ensure compliance with the provisions of
476 this chapter and rules adopted pursuant hereto relating to
477 homeowners' associations as defined in s. 720.301:
478      (1)  The division may make necessary public or private
479 investigations within or outside this state to determine whether
480 any person or association has violated this chapter or any rule
481 or order hereunder, to aid in the enforcement of this chapter,
482 or to aid in the adoption of rules or forms hereunder.
483      (2)  The division may require or permit any person to file
484 a statement in writing, under oath or otherwise, as the division
485 determines, as to the facts and circumstances concerning a
486 matter to be investigated.
487      (3)  For the purpose of any investigation under this
488 chapter, the division director or any officer or employee
489 designated by the division director may administer oaths or
490 affirmations, subpoena witnesses and compel their attendance,
491 take evidence, and require the production of any matter which is
492 relevant to the investigation, including the existence,
493 description, nature, custody, condition, and location of any
494 books, documents, or other tangible things, and the identity and
495 location of persons having knowledge of relevant facts or any
496 other matter reasonably calculated to lead to the discovery of
497 material evidence. Upon the failure by a person to obey a
498 subpoena or to answer questions propounded by the investigating
499 officer and upon reasonable notice to all persons affected
500 thereby, the division may apply to the circuit court for an
501 order compelling compliance.
502      (4)  Notwithstanding any remedies available to homeowners'
503 associations, if the division has reasonable cause to believe
504 that a violation of any provision of this chapter or rule
505 adopted pursuant hereto has occurred, the division may institute
506 enforcement proceedings in its own name against any association,
507 officer, or member of the board, or its assignees or agents, as
508 follows:
509      (a)  The division may permit a person whose conduct or
510 actions may be under investigation to waive formal proceedings
511 and enter into a consent proceeding whereby orders, rules, or
512 letters of censure or warning, whether formal or informal, may
513 be entered against the person.
514      (b)  The division may issue an order requiring the
515 homeowners' association to cease and desist from the unlawful
516 practice and take such affirmative action as in the judgment of
517 the division will carry out the purposes of this chapter.
518      (c)  The division may bring an action in circuit court on
519 behalf of a class of homeowners, lessees, or purchasers for
520 declaratory relief, injunctive relief, or restitution.
521      (d)  The division may impose a civil penalty against an
522 association, or its assignee or agent, for any violation of this
523 chapter or a rule adopted pursuant hereto. The division may
524 impose a civil penalty individually against any officer or board
525 member who willfully and knowingly violates a provision of this
526 chapter, a rule adopted pursuant hereto, or a final order of the
527 division. The term "willfully and knowingly" means that the
528 division informed the officer or board member that his or her
529 action or intended action violates this chapter, a rule adopted
530 under this chapter, or a final order of the division and that
531 the officer or board member refused to comply with the
532 requirements of this chapter, a rule adopted under this chapter,
533 or a final order of the division. The division, prior to
534 initiating formal agency action under chapter 120, shall afford
535 the officer or board member an opportunity to voluntarily comply
536 with this chapter, a rule adopted under this chapter, or a final
537 order of the division. An officer or board member who complies
538 within 10 days is not subject to a civil penalty. A penalty may
539 be imposed on the basis of each day of continuing violation, but
540 in no event shall the penalty for any offense exceed $5,000. By
541 January 1, 2006, the division shall adopt, by rule, penalty
542 guidelines applicable to possible violations or to categories of
543 violations of this chapter or rules adopted by the division. The
544 guidelines must specify a meaningful range of civil penalties
545 for each such violation of the statute and rules and must be
546 based upon the harm caused by the violation, the repetition of
547 the violation, and such other factors deemed relevant by the
548 division. For example, the division may consider whether the
549 violations were committed by a association, the size of the
550 association, and other factors. The guidelines must designate
551 the possible mitigating or aggravating circumstances that
552 justify a departure from the range of penalties provided by the
553 rules. It is the legislative intent that minor violations be
554 distinguished from those which endanger the health, safety, or
555 welfare of the homeowners' association members or other persons
556 and that such guidelines provide reasonable and meaningful
557 notice to the public of likely penalties that may be imposed for
558 proscribed conduct. This paragraph does not limit the ability of
559 the division to informally dispose of administrative actions or
560 complaints by stipulation, agreed settlement, or consent order.
561 All amounts collected shall be deposited with the Chief
562 Financial Officer to the credit of the Division of Florida Land
563 Sales, Condominiums, Homeowners' Associations, Community
564 Association Management, and Mobile Homes Trust Fund. If an
565 association fails to pay the civil penalty, the division shall
566 thereupon pursue enforcement in a court of competent
567 jurisdiction, and the order imposing the civil penalty or the
568 cease and desist order will not become effective until 20 days
569 after the date of such order. Any action commenced by the
570 division shall be brought in the county in which the division
571 has its executive offices or in the county in which the
572 violation occurred.
573      (5)  The division is authorized to prepare and disseminate
574 a prospectus and other information to assist prospective owners,
575 purchasers, lessees, and developers of communities with
576 homeowners' associations in assessing the rights, privileges,
577 and duties pertaining thereto.
578      (6)  The division has authority to adopt rules pursuant to
579 ss. 120.536(1) and 120.54 to implement and enforce the
580 provisions of this chapter.
581      (7)  The division shall establish procedures for providing
582 notice to an association when the division is considering the
583 issuance of a declaratory statement with respect to the
584 homeowners' association documents governing such communities.
585      (8)  The division shall furnish each association a copy of
586 this act, subsequent changes to this act on an annual basis, an
587 amended version of this act as it becomes available from the
588 Secretary of State's office on a biennial basis, and the rules
589 adopted pursuant thereto on an annual basis.
590      (9)  The division shall annually provide each association
591 with a summary of declaratory statements and formal legal
592 opinions relating to the operations of homeowners' associations
593 which were rendered by the division during the previous year.
594      (10)  The division shall provide training programs for
595 homeowners' association board members. Training shall be
596 mandatory for newly elected board members and members currently
597 serving on a board who have not previously voluntarily attended
598 training.
599      (11)  The division shall maintain a toll-free telephone
600 number accessible to homeowners' association members.
601      (12)  The division shall develop a program to certify both
602 volunteer and paid mediators to provide mediation of homeowners'
603 association disputes. The division shall provide, upon request,
604 a list of such mediators to any association, unit owner, or
605 other participant in arbitration proceedings under s. 718.1255.
606 The division shall include on the list of volunteer mediators
607 only the names of persons who have received at least 20 hours of
608 training in mediation techniques or who have mediated at least
609 20 disputes. In order to become initially certified by the
610 division, paid mediators must be certified by the Supreme Court
611 to mediate court cases in either county or circuit courts.
612 However, the division may adopt, by rule, additional factors for
613 the certification of paid mediators, which factors must be
614 related to experience, education, or background. Any person
615 initially certified as a paid mediator by the division must, in
616 order to remain certified, comply with the factors or
617 requirements imposed by rules adopted by the division.
618      (13)  When a complaint is made, the division shall conduct
619 its inquiry with due regard to the interests of the affected
620 parties. Within 30 days after receipt of a complaint, the
621 division shall acknowledge the complaint in writing and notify
622 the complainant whether the complaint is within the jurisdiction
623 of the division and whether additional information is needed by
624 the division from the complainant. The division shall conduct
625 its investigation and shall, within 90 days after receipt of the
626 original complaint or of timely requested additional
627 information, take action upon the complaint. However, the
628 failure to complete the investigation within 90 days does not
629 prevent the division from continuing the investigation,
630 accepting or considering evidence obtained or received after 90
631 days, or taking administrative action if reasonable cause exists
632 to believe that a violation of this chapter or a rule of the
633 division has occurred. If an investigation is not completed
634 within the time limits established in this subsection, the
635 division shall, on a monthly basis, notify the complainant in
636 writing of the status of the investigation. When reporting its
637 action to the complainant, the division shall inform the
638 complainant of any right to a hearing pursuant to ss. 120.569
639 and 120.57.
640      (14)  Any homeowner's association member found to be in
641 violation of this chapter shall be notified by the department by
642 certified mail, return receipt requested, at which time the
643 homeowners' association member will have 30 days in which to
644 respond in writing.
645      Section 12.  Section 720.3071, Florida Statutes, is created
646 to read:
647      720.3071  Board member training.--The division shall
648 provide training programs for homeowners' association board
649 members and unit owners. Training shall be mandatory for newly
650 elected board members and members currently serving on a board
651 who have not previously voluntarily attended training.
652      Section 13.  Subsection (2) of section 73.073, Florida
653 Statutes, is amended to read:
654      73.073  Eminent domain procedure with respect to
655 condominium common elements.--
656      (2)  With respect to the exercise of eminent domain or a
657 negotiated sale for the purchase or taking of a portion of the
658 common elements of a condominium, the condemning authority shall
659 have the responsibility of contacting the condominium
660 association and acquiring the most recent rolls indicating the
661 names of the unit owners or contacting the appropriate taxing
662 authority to obtain the names of the owners of record on the tax
663 rolls. Notification shall thereupon be sent by certified mail,
664 return receipt requested, to the unit owners of record of the
665 condominium units by the condemning authority indicating the
666 intent to purchase or take the required property and requesting
667 a response from the unit owner. The condemning authority shall
668 be responsible for the expense of sending notification pursuant
669 to this section. Such notice shall, at a minimum, include:
670      (a)  The name and address of the condemning authority.
671      (b)  A written or visual description of the property.
672      (c)  The public purpose for which the property is needed.
673      (d)  The appraisal value of the property.
674      (e)  A clear, concise statement relating to the unit
675 owner's right to object to the taking or appraisal value and the
676 procedures and effects of exercising that right.
677      (f)  A clear, concise statement relating to the power of
678 the association to convey the property on behalf of the unit
679 owners if no objection to the taking or appraisal value is
680 raised, and the effects of this alternative on the unit owner.
681
682 The Division of Florida Land Sales, Condominiums, Homeowners'
683 Associations, Community Association Management, and Mobile Homes
684 of the Department of Business and Professional Regulation may
685 adopt, by rule, a standard form for such notice and may require
686 the notice to include any additional relevant information.
687      Section 14.  Subsection (2) of section 190.009, Florida
688 Statutes, is amended to read:
689      190.009  Disclosure of public financing.--
690      (2)  The Division of Florida Land Sales, Condominiums,
691 Homeowners' Associations, Community Association Management, and
692 Mobile Homes of the Department of Business and Professional
693 Regulation shall ensure that disclosures made by developers
694 pursuant to chapter 498 meet the requirements of subsection (1).
695      Section 15.  Paragraph (e) of subsection (6) of section
696 192.037, Florida Statutes, is amended to read:
697      192.037  Fee timeshare real property; taxes and
698 assessments; escrow.--
699      (6)
700      (e)  On or before May 1 of each year, a statement of
701 receipts and disbursements of the escrow account must be filed
702 with the Division of Florida Land Sales, Condominiums,
703 Homeowners' Associations, Community Association Management, and
704 Mobile Homes of the Department of Business and Professional
705 Regulation, which may enforce this paragraph pursuant to s.
706 721.26. This statement must appropriately show the amount of
707 principal and interest in such account.
708      Section 16.  Paragraph (i) of subsection (7) of section
709 213.053, Florida Statutes, is amended to read:
710      213.053  Confidentiality and information sharing.--
711      (7)  Notwithstanding any other provision of this section,
712 the department may provide:
713      (i)  Information relative to chapters 212 and 326 to the
714 Division of Florida Land Sales, Condominiums, Homeowners'
715 Associations, Community Association Management, and Mobile Homes
716 of the Department of Business and Professional Regulation in the
717 conduct of its official duties.
718
719 Disclosure of information under this subsection shall be
720 pursuant to a written agreement between the executive director
721 and the agency. Such agencies, governmental or nongovernmental,
722 shall be bound by the same requirements of confidentiality as
723 the Department of Revenue. Breach of confidentiality is a
724 misdemeanor of the first degree, punishable as provided by s.
725 775.082 or s. 775.083.
726      Section 17.  Paragraph (d) of subsection (4) of section
727 215.20, Florida Statutes, is amended to read:
728      215.20  Certain income and certain trust funds to
729 contribute to the General Revenue Fund.--
730      (4)  The income of a revenue nature deposited in the
731 following described trust funds, by whatever name designated, is
732 that from which the appropriations authorized by subsection (3)
733 shall be made:
734      (d)  Within the Department of Business and Professional
735 Regulation:
736      1.  The Administrative Trust Fund.
737      2.  The Alcoholic Beverage and Tobacco Trust Fund.
738      3.  The Cigarette Tax Collection Trust Fund.
739      4.  The Division of Florida Land Sales, Condominiums,
740 Homeowners' Associations, Community Association Management, and
741 Mobile Homes Trust Fund.
742      5.  The Hotel and Restaurant Trust Fund, with the exception
743 of those fees collected for the purpose of funding of the
744 hospitality education program as stated in s. 509.302.
745      6.  The Professional Regulation Trust Fund.
746      7.  The trust funds administered by the Division of Pari-
747 mutuel Wagering.
748
749 The enumeration of the foregoing moneys or trust funds shall not
750 prohibit the applicability thereto of s. 215.24 should the
751 Governor determine that for the reasons mentioned in s. 215.24
752 the money or trust funds should be exempt herefrom, as it is the
753 purpose of this law to exempt income from its force and effect
754 when, by the operation of this law, federal matching funds or
755 contributions or private grants to any trust fund would be lost
756 to the state.
757      Section 18.  Subsection (2) of section 326.002, Florida
758 Statutes, is amended to read:
759      326.002  Definitions.--As used in ss. 326.001-326.006, the
760 term:
761      (2)  "Division" means the Division of Florida Land Sales,
762 Condominiums, Homeowners' Associations, Community Association
763 Management, and Mobile Homes of the Department of Business and
764 Professional Regulation.
765      Section 19.  Paragraph (d) of subsection (2) and subsection
766 (3) of section 326.006, Florida Statutes, are amended to read:
767      326.006  Powers and duties of division.--
768      (2)  The division has the power to enforce and ensure
769 compliance with the provisions of this chapter and rules adopted
770 under this chapter relating to the sale and ownership of yachts
771 and ships. In performing its duties, the division has the
772 following powers and duties:
773      (d)  Notwithstanding any remedies available to a yacht or
774 ship purchaser, if the division has reasonable cause to believe
775 that a violation of any provision of this chapter or rule
776 adopted under this chapter has occurred, the division may
777 institute enforcement proceedings in its own name against any
778 broker or salesperson or any of his or her assignees or agents,
779 or against any unlicensed person or any of his or her assignees
780 or agents, as follows:
781      1.  The division may permit a person whose conduct or
782 actions are under investigation to waive formal proceedings and
783 enter into a consent proceeding whereby orders, rules, or
784 letters of censure or warning, whether formal or informal, may
785 be entered against the person.
786      2.  The division may issue an order requiring the broker or
787 salesperson or any of his or her assignees or agents, or
788 requiring any unlicensed person or any of his or her assignees
789 or agents, to cease and desist from the unlawful practice and
790 take such affirmative action as in the judgment of the division
791 will carry out the purposes of this chapter.
792      3.  The division may bring an action in circuit court on
793 behalf of a class of yacht or ship purchasers for declaratory
794 relief, injunctive relief, or restitution.
795      4.  The division may impose a civil penalty against a
796 broker or salesperson or any of his or her assignees or agents,
797 or against an unlicensed person or any of his or her assignees
798 or agents, for any violation of this chapter or a rule adopted
799 under this chapter. A penalty may be imposed for each day of
800 continuing violation, but in no event may the penalty for any
801 offense exceed $10,000. All amounts collected must be deposited
802 with the Chief Financial Officer to the credit of the Division
803 of Florida Land Sales, Condominiums, Homeowners' Associations,
804 Community Association Management, and Mobile Homes Trust Fund.
805 If a broker, salesperson, or unlicensed person working for a
806 broker, fails to pay the civil penalty, the division shall
807 thereupon issue an order suspending the broker's license until
808 such time as the civil penalty is paid or may pursue enforcement
809 of the penalty in a court of competent jurisdiction. The order
810 imposing the civil penalty or the order of suspension may not
811 become effective until 20 days after the date of such order. Any
812 action commenced by the division must be brought in the county
813 in which the division has its executive offices or in the county
814 where the violation occurred.
815      (3)  All fees must be deposited in the Division of Florida
816 Land Sales, Condominiums, Homeowners' Associations, Community
817 Association Management, and Mobile Homes Trust Fund as provided
818 by law.
819      Section 20.  Paragraph (a) of subsection (4) of section
820 380.0651, Florida Statutes, is amended to read:
821      380.0651  Statewide guidelines and standards.--
822      (4)  Two or more developments, represented by their owners
823 or developers to be separate developments, shall be aggregated
824 and treated as a single development under this chapter when they
825 are determined to be part of a unified plan of development and
826 are physically proximate to one other.
827      (a)  The criteria of two of the following subparagraphs
828 must be met in order for the state land planning agency to
829 determine that there is a unified plan of development:
830      1.a.  The same person has retained or shared control of the
831 developments;
832      b.  The same person has ownership or a significant legal or
833 equitable interest in the developments; or
834      c.  There is common management of the developments
835 controlling the form of physical development or disposition of
836 parcels of the development.
837      2.  There is a reasonable closeness in time between the
838 completion of 80 percent or less of one development and the
839 submission to a governmental agency of a master plan or series
840 of plans or drawings for the other development which is
841 indicative of a common development effort.
842      3.  A master plan or series of plans or drawings exists
843 covering the developments sought to be aggregated which have
844 been submitted to a local general-purpose government, water
845 management district, the Florida Department of Environmental
846 Protection, or the Division of Florida Land Sales, Condominiums,
847 Homeowners' Associations, Community Association Management, and
848 Mobile Homes for authorization to commence development. The
849 existence or implementation of a utility's master utility plan
850 required by the Public Service Commission or general-purpose
851 local government or a master drainage plan shall not be the sole
852 determinant of the existence of a master plan.
853      4.  The voluntary sharing of infrastructure that is
854 indicative of a common development effort or is designated
855 specifically to accommodate the developments sought to be
856 aggregated, except that which was implemented because it was
857 required by a local general-purpose government; water management
858 district; the Department of Environmental Protection; the
859 Division of Florida Land Sales, Condominiums, Homeowners'
860 Associations, Community Association Management, and Mobile
861 Homes; or the Public Service Commission.
862      5.  There is a common advertising scheme or promotional
863 plan in effect for the developments sought to be aggregated.
864      Section 21.  Subsection (5) of section 455.116, Florida
865 Statutes, is amended to read:
866      455.116  Regulation trust funds.--The following trust funds
867 shall be placed in the department:
868      (5)  Division of Florida Land Sales, Condominiums,
869 Homeowners' Associations, Community Association Management, and
870 Mobile Homes Trust Fund.
871      Section 22.  Section 475.455, Florida Statutes, is amended
872 to read:
873      475.455  Exchange of disciplinary information.--The
874 commission shall inform the Division of Florida Land Sales,
875 Condominiums, Homeowners' Associations, Community Association
876 Management, and Mobile Homes of the Department of Business and
877 Professional Regulation of any disciplinary action the
878 commission has taken against any of its licensees. The division
879 shall inform the commission of any disciplinary action the
880 division has taken against any broker or sales associate
881 registered with the division.
882      Section 23.  Subsection (5) of section 498.005, Florida
883 Statutes, is amended to read:
884      498.005  Definitions.--As used in this chapter, unless the
885 context otherwise requires, the term:
886      (5)  "Division" means the Division of Florida Land Sales,
887 Condominiums, Homeowners' Associations, Community Association
888 Management, and Mobile Homes of the Department of Business and
889 Professional Regulation.
890      Section 24.  Section 498.019, Florida Statutes, is amended
891 to read:
892      498.019  Division of Florida Land Sales, Condominiums,
893 Homeowners' Associations, Community Association Management, and
894 Mobile Homes Trust Fund.--
895      (1)  There is created within the State Treasury the
896 Division of Florida Land Sales, Condominiums, Homeowners'
897 Associations, Community Association Management, and Mobile Homes
898 Trust Fund to be used for the administration and operation of
899 this chapter, part VIII of chapter 468, and chapters 718, 719,
900 720, 721, and 723 by the division.
901      (2)  All moneys collected by the division from fees, fines,
902 or penalties or from costs awarded to the division by a court
903 shall be paid into the Division of Florida Land Sales,
904 Condominiums, Homeowners' Associations, Community Association
905 Management, and Mobile Homes Trust Fund. The Legislature shall
906 appropriate funds from this trust fund sufficient to carry out
907 the provisions of this chapter and the provisions of law with
908 respect to each category of business covered by this trust fund.
909 The division shall maintain separate revenue accounts in the
910 trust fund for each of the businesses regulated by the division.
911 The division shall provide for the proportionate allocation
912 among the accounts of expenses incurred by the division in the
913 performance of its duties with respect to each of these
914 businesses. As part of its normal budgetary process, the
915 division shall prepare an annual report of revenue and allocated
916 expenses related to the operation of each of these businesses
917 which may be used to determine fees charged by the division.
918 This subsection shall operate pursuant to the provisions of s.
919 215.20.
920      Section 25.  Paragraph (a) of subsection (8) of section
921 498.047, Florida Statutes, is amended to read:
922      498.047  Investigations.--
923      (8)(a)  Information held by the Division of Florida Land
924 Sales, Condominiums, Homeowners' Associations, Community
925 Association Management, and Mobile Homes relative to an
926 investigation pursuant to this chapter, including any consumer
927 complaint, is confidential and exempt from s. 119.07(1) and s.
928 24(a), Art. I of the State Constitution, until 10 days after a
929 notice to show cause has been filed by the division, or, in the
930 case in which no notice to show cause is filed, the
931 investigation is completed or ceases to be active. For purposes
932 of this section, an investigation shall be considered "active"
933 so long as the division or any law enforcement or administrative
934 agency or regulatory organization is proceeding with reasonable
935 dispatch and has a reasonable good faith belief that the
936 investigation may lead to the filing of an administrative,
937 civil, or criminal proceeding or to the denial or conditional
938 grant of a license or registration. However, in response to a
939 specific inquiry about the registration status of a registered
940 or unregistered subdivider, the division may disclose the
941 existence and the status of an active investigation. This
942 subsection shall not be construed to prohibit disclosure of
943 information which is required by law to be filed with the
944 division and which, but for the investigation, would be subject
945 to s. 119.07(1).
946      Section 26.  Subsection (5) of section 498.049, Florida
947 Statutes, is amended to read:
948      498.049  Suspension; revocation; civil penalties.--
949      (5)  Each person who materially participates in any offer
950 or disposition of any interest in subdivided lands in violation
951 of this chapter or relevant rules involving fraud, deception,
952 false pretenses, misrepresentation, or false advertising or the
953 disposition, concealment, or diversion of any funds or assets of
954 any person which adversely affects the interests of a purchaser
955 of any interest in subdivided lands, and who directly or
956 indirectly controls a subdivider or is a general partner,
957 officer, director, agent, or employee of a subdivider shall also
958 be liable under this subsection jointly and severally with and
959 to the same extent as the subdivider, unless that person did not
960 know, and in the exercise of reasonable care could not have
961 known, of the existence of the facts creating the alleged
962 liability. Among these persons a right of contribution shall
963 exist, except that a creditor of a subdivider shall not be
964 jointly and severally liable unless the creditor has assumed
965 managerial or fiduciary responsibility in a manner related to
966 the basis for the liability of the subdivider under this
967 subsection. Civil penalties shall be limited to $10,000 for each
968 offense, and all amounts collected shall be deposited with the
969 Chief Financial Officer to the credit of the Division of Florida
970 Land Sales, Condominiums, Homeowners' Associations, Community
971 Association Management, and Mobile Homes Trust Fund. No order
972 requiring the payment of a civil penalty shall become effective
973 until 20 days after the date of the order, unless otherwise
974 agreed in writing by the person on whom the penalty is imposed.
975      Section 27.  Section 509.512, Florida Statutes, is amended
976 to read:
977      509.512  Timeshare plan developer and exchange company
978 exemption.--Sections 509.501-509.511 do not apply to a developer
979 of a timeshare plan or an exchange company approved by the
980 Division of Florida Land Sales, Condominiums, Homeowners'
981 Associations, Community Association Management, and Mobile Homes
982 pursuant to chapter 721, but only to the extent that the
983 developer or exchange company engages in conduct regulated under
984 chapter 721.
985      Section 28.  Paragraph (h) of subsection (1) of section
986 559.935, Florida Statutes, is amended to read:
987      559.935  Exemptions.--
988      (1)  This part does not apply to:
989      (h)  A developer of a timeshare plan or an exchange company
990 approved by the Division of Florida Land Sales, Condominiums,
991 Homeowners' Associations, Community Association Management, and
992 Mobile Homes pursuant to chapter 721, but only to the extent
993 that the developer or exchange company engages in conduct
994 regulated under chapter 721; or
995      Section 29.  Subsection (17) of section 718.103, Florida
996 Statutes, is amended to read:
997      718.103  Definitions.--As used in this chapter, the term:
998      (17)  "Division" means the Division of Florida Land Sales,
999 Condominiums, Homeowners' Associations, Community Association
1000 Management, and Mobile Homes of the Department of Business and
1001 Professional Regulation.
1002      Section 30.  Paragraph (c) of subsection (4) of section
1003 718.105, Florida Statutes, is amended to read:
1004      718.105  Recording of declaration.--
1005      (4)
1006      (c)  If the sum of money held by the clerk has not been
1007 paid to the developer or association as provided in paragraph
1008 (b) by 3 years after the date the declaration was originally
1009 recorded, the clerk in his or her discretion may notify, in
1010 writing, the registered agent of the association that the sum is
1011 still available and the purpose for which it was deposited. If
1012 the association does not record the certificate within 90 days
1013 after the clerk has given the notice, the clerk may disburse the
1014 money to the developer. If the developer cannot be located, the
1015 clerk shall disburse the money to the Division of Florida Land
1016 Sales, Condominiums, Homeowners' Associations, Community
1017 Association Management, and Mobile Homes for deposit in the
1018 Division of Florida Land Sales, Condominiums, Homeowners'
1019 Associations, Community Association Management, and Mobile Homes
1020 Trust Fund.
1021      Section 31.  Subsection (4) of section 718.1255, Florida
1022 Statutes, is amended to read:
1023      718.1255  Alternative dispute resolution; voluntary
1024 mediation; mandatory nonbinding arbitration; legislative
1025 findings.--
1026      (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1027 DISPUTES.--The Division of Florida Land Sales, Condominiums,
1028 Homeowners' Associations, Community Association Management, and
1029 Mobile Homes of the Department of Business and Professional
1030 Regulation shall employ full-time attorneys to act as
1031 arbitrators to conduct the arbitration hearings provided by this
1032 chapter. The division may also certify attorneys who are not
1033 employed by the division to act as arbitrators to conduct the
1034 arbitration hearings provided by this section. No person may be
1035 employed by the department as a full-time arbitrator unless he
1036 or she is a member in good standing of The Florida Bar. The
1037 department shall promulgate rules of procedure to govern such
1038 arbitration hearings including mediation incident thereto. The
1039 decision of an arbitrator shall be final; however, such a
1040 decision shall not be deemed final agency action. Nothing in
1041 this provision shall be construed to foreclose parties from
1042 proceeding in a trial de novo unless the parties have agreed
1043 that the arbitration is binding. If such judicial proceedings
1044 are initiated, the final decision of the arbitrator shall be
1045 admissible in evidence in the trial de novo.
1046      (a)  Prior to the institution of court litigation, a party
1047 to a dispute shall petition the division for nonbinding
1048 arbitration. The petition must be accompanied by a filing fee in
1049 the amount of $50. Filing fees collected under this section must
1050 be used to defray the expenses of the alternative dispute
1051 resolution program.
1052      (b)  The petition must recite, and have attached thereto,
1053 supporting proof that the petitioner gave the respondents:
1054      1.  Advance written notice of the specific nature of the
1055 dispute;
1056      2.  A demand for relief, and a reasonable opportunity to
1057 comply or to provide the relief; and
1058      3.  Notice of the intention to file an arbitration petition
1059 or other legal action in the absence of a resolution of the
1060 dispute.
1061
1062 Failure to include the allegations or proof of compliance with
1063 these prerequisites requires dismissal of the petition without
1064 prejudice.
1065      (c)  Upon receipt, the petition shall be promptly reviewed
1066 by the division to determine the existence of a dispute and
1067 compliance with the requirements of paragraphs (a) and (b). If
1068 emergency relief is required and is not available through
1069 arbitration, a motion to stay the arbitration may be filed. The
1070 motion must be accompanied by a verified petition alleging facts
1071 that, if proven, would support entry of a temporary injunction,
1072 and if an appropriate motion and supporting papers are filed,
1073 the division may abate the arbitration pending a court hearing
1074 and disposition of a motion for temporary injunction.
1075      (d)  Upon determination by the division that a dispute
1076 exists and that the petition substantially meets the
1077 requirements of paragraphs (a) and (b) and any other applicable
1078 rules, a copy of the petition shall forthwith be served by the
1079 division upon all respondents.
1080      (e)  Either before or after the filing of the respondents'
1081 answer to the petition, any party may request that the
1082 arbitrator refer the case to mediation under this section and
1083 any rules adopted by the division. Upon receipt of a request for
1084 mediation, the division shall promptly contact the parties to
1085 determine if there is agreement that mediation would be
1086 appropriate. If all parties agree, the dispute must be referred
1087 to mediation. Notwithstanding a lack of an agreement by all
1088 parties, the arbitrator may refer a dispute to mediation at any
1089 time.
1090      (f)  Upon referral of a case to mediation, the parties must
1091 select a mutually acceptable mediator. To assist in the
1092 selection, the arbitrator shall provide the parties with a list
1093 of both volunteer and paid mediators that have been certified by
1094 the division under s. 718.501. If the parties are unable to
1095 agree on a mediator within the time allowed by the arbitrator,
1096 the arbitrator shall appoint a mediator from the list of
1097 certified mediators. If a case is referred to mediation, the
1098 parties shall attend a mediation conference, as scheduled by the
1099 parties and the mediator. If any party fails to attend a duly
1100 noticed mediation conference, without the permission or approval
1101 of the arbitrator or mediator, the arbitrator must impose
1102 sanctions against the party, including the striking of any
1103 pleadings filed, the entry of an order of dismissal or default
1104 if appropriate, and the award of costs and attorneys' fees
1105 incurred by the other parties. Unless otherwise agreed to by the
1106 parties or as provided by order of the arbitrator, a party is
1107 deemed to have appeared at a mediation conference by the
1108 physical presence of the party or its representative having full
1109 authority to settle without further consultation, provided that
1110 an association may comply by having one or more representatives
1111 present with full authority to negotiate a settlement and
1112 recommend that the board of administration ratify and approve
1113 such a settlement within 5 days from the date of the mediation
1114 conference. The parties shall share equally the expense of
1115 mediation, unless they agree otherwise.
1116      (g)  The purpose of mediation as provided for by this
1117 section is to present the parties with an opportunity to resolve
1118 the underlying dispute in good faith, and with a minimum
1119 expenditure of time and resources.
1120      (h)  Mediation proceedings must generally be conducted in
1121 accordance with the Florida Rules of Civil Procedure, and these
1122 proceedings are privileged and confidential to the same extent
1123 as court-ordered mediation. Persons who are not parties to the
1124 dispute are not allowed to attend the mediation conference
1125 without the consent of all parties, with the exception of
1126 counsel for the parties and corporate representatives designated
1127 to appear for a party. If the mediator declares an impasse after
1128 a mediation conference has been held, the arbitration proceeding
1129 terminates, unless all parties agree in writing to continue the
1130 arbitration proceeding, in which case the arbitrator's decision
1131 shall be either binding or nonbinding, as agreed upon by the
1132 parties; in the arbitration proceeding, the arbitrator shall not
1133 consider any evidence relating to the unsuccessful mediation
1134 except in a proceeding to impose sanctions for failure to appear
1135 at the mediation conference. If the parties do not agree to
1136 continue arbitration, the arbitrator shall enter an order of
1137 dismissal, and either party may institute a suit in a court of
1138 competent jurisdiction. The parties may seek to recover any
1139 costs and attorneys' fees incurred in connection with
1140 arbitration and mediation proceedings under this section as part
1141 of the costs and fees that may be recovered by the prevailing
1142 party in any subsequent litigation.
1143      (i)  Arbitration shall be conducted according to rules
1144 promulgated by the division. The filing of a petition for
1145 arbitration shall toll the applicable statute of limitations.
1146      (j)  At the request of any party to the arbitration, such
1147 arbitrator shall issue subpoenas for the attendance of witnesses
1148 and the production of books, records, documents, and other
1149 evidence and any party on whose behalf a subpoena is issued may
1150 apply to the court for orders compelling such attendance and
1151 production. Subpoenas shall be served and shall be enforceable
1152 in the manner provided by the Florida Rules of Civil Procedure.
1153 Discovery may, in the discretion of the arbitrator, be permitted
1154 in the manner provided by the Florida Rules of Civil Procedure.
1155 Rules adopted by the division may authorize any reasonable
1156 sanctions except contempt for a violation of the arbitration
1157 procedural rules of the division or for the failure of a party
1158 to comply with a reasonable nonfinal order issued by an
1159 arbitrator which is not under judicial review.
1160      (k)  The arbitration decision shall be presented to the
1161 parties in writing. An arbitration decision is final in those
1162 disputes in which the parties have agreed to be bound. An
1163 arbitration decision is also final if a complaint for a trial de
1164 novo is not filed in a court of competent jurisdiction in which
1165 the condominium is located within 30 days. The right to file for
1166 a trial de novo entitles the parties to file a complaint in the
1167 appropriate trial court for a judicial resolution of the
1168 dispute. The prevailing party in an arbitration proceeding shall
1169 be awarded the costs of the arbitration and reasonable
1170 attorney's fees in an amount determined by the arbitrator. Such
1171 an award shall include the costs and reasonable attorney's fees
1172 incurred in the arbitration proceeding as well as the costs and
1173 reasonable attorney's fees incurred in preparing for and
1174 attending any scheduled mediation.
1175      (l)  The party who files a complaint for a trial de novo
1176 shall be assessed the other party's arbitration costs, court
1177 costs, and other reasonable costs, including attorney's fees,
1178 investigation expenses, and expenses for expert or other
1179 testimony or evidence incurred after the arbitration hearing if
1180 the judgment upon the trial de novo is not more favorable than
1181 the arbitration decision. If the judgment is more favorable, the
1182 party who filed a complaint for trial de novo shall be awarded
1183 reasonable court costs and attorney's fees.
1184      (m)  Any party to an arbitration proceeding may enforce an
1185 arbitration award by filing a petition in a court of competent
1186 jurisdiction in which the condominium is located. A petition may
1187 not be granted unless the time for appeal by the filing of a
1188 complaint for trial de novo has expired. If a complaint for a
1189 trial de novo has been filed, a petition may not be granted with
1190 respect to an arbitration award that has been stayed. If the
1191 petition for enforcement is granted, the petitioner shall
1192 recover reasonable attorney's fees and costs incurred in
1193 enforcing the arbitration award. A mediation settlement may also
1194 be enforced through the county or circuit court, as applicable,
1195 and any costs and fees incurred in the enforcement of a
1196 settlement agreement reached at mediation must be awarded to the
1197 prevailing party in any enforcement action.
1198      Section 32.  Subsection (1) of section 718.5011, Florida
1199 Statutes, is amended to read:
1200      718.5011  Ombudsman; appointment; administration.--
1201      (1)  There is created an Office of the Condominium
1202 Ombudsman, to be located for administrative purposes within the
1203 Division of Florida Land Sales, Condominiums, Homeowners'
1204 Associations, Community Association Management, and Mobile
1205 Homes. The functions of the office shall be funded by the
1206 Division of Florida Land Sales, Condominiums, Homeowners'
1207 Associations, Community Association Management, and Mobile Homes
1208 Trust Fund. The ombudsman shall be a bureau chief of the
1209 division, and the office shall be set within the division in the
1210 same manner as any other bureau is staffed and funded.
1211      Section 33.  Paragraph (a) of subsection (2) of section
1212 718.502, Florida Statutes, is amended to read:
1213      718.502  Filing prior to sale or lease.--
1214      (2)(a)  Prior to filing as required by subsection (1), and
1215 prior to acquiring an ownership, leasehold, or contractual
1216 interest in the land upon which the condominium is to be
1217 developed, a developer shall not offer a contract for purchase
1218 of a unit or lease of a unit for more than 5 years. However, the
1219 developer may accept deposits for reservations upon the approval
1220 of a fully executed escrow agreement and reservation agreement
1221 form properly filed with the Division of Florida Land Sales,
1222 Condominiums, Homeowners' Associations, Community Association
1223 Management, and Mobile Homes. Each filing of a proposed
1224 reservation program shall be accompanied by a filing fee of
1225 $250. Reservations shall not be taken on a proposed condominium
1226 unless the developer has an ownership, leasehold, or contractual
1227 interest in the land upon which the condominium is to be
1228 developed. The division shall notify the developer within 20
1229 days of receipt of the reservation filing of any deficiencies
1230 contained therein. Such notification shall not preclude the
1231 determination of reservation filing deficiencies at a later
1232 date, nor shall it relieve the developer of any responsibility
1233 under the law. The escrow agreement and the reservation
1234 agreement form shall include a statement of the right of the
1235 prospective purchaser to an immediate unqualified refund of the
1236 reservation deposit moneys upon written request to the escrow
1237 agent by the prospective purchaser or the developer.
1238      Section 34.  Section 718.504, Florida Statutes, is amended
1239 to read:
1240      718.504  Prospectus or offering circular.--Every developer
1241 of a residential condominium which contains more than 20
1242 residential units, or which is part of a group of residential
1243 condominiums which will be served by property to be used in
1244 common by unit owners of more than 20 residential units, shall
1245 prepare a prospectus or offering circular and file it with the
1246 Division of Florida Land Sales, Condominiums, Homeowners'
1247 Associations, Community Association Management, and Mobile Homes
1248 prior to entering into an enforceable contract of purchase and
1249 sale of any unit or lease of a unit for more than 5 years and
1250 shall furnish a copy of the prospectus or offering circular to
1251 each buyer. In addition to the prospectus or offering circular,
1252 each buyer shall be furnished a separate page entitled
1253 "Frequently Asked Questions and Answers," which shall be in
1254 accordance with a format approved by the division and a copy of
1255 the financial information required by s. 718.111. This page
1256 shall, in readable language, inform prospective purchasers
1257 regarding their voting rights and unit use restrictions,
1258 including restrictions on the leasing of a unit; shall indicate
1259 whether and in what amount the unit owners or the association is
1260 obligated to pay rent or land use fees for recreational or other
1261 commonly used facilities; shall contain a statement identifying
1262 that amount of assessment which, pursuant to the budget, would
1263 be levied upon each unit type, exclusive of any special
1264 assessments, and which shall further identify the basis upon
1265 which assessments are levied, whether monthly, quarterly, or
1266 otherwise; shall state and identify any court cases in which the
1267 association is currently a party of record in which the
1268 association may face liability in excess of $100,000; and which
1269 shall further state whether membership in a recreational
1270 facilities association is mandatory, and if so, shall identify
1271 the fees currently charged per unit type. The division shall by
1272 rule require such other disclosure as in its judgment will
1273 assist prospective purchasers. The prospectus or offering
1274 circular may include more than one condominium, although not all
1275 such units are being offered for sale as of the date of the
1276 prospectus or offering circular. The prospectus or offering
1277 circular must contain the following information:
1278      (1)  The front cover or the first page must contain only:
1279      (a)  The name of the condominium.
1280      (b)  The following statements in conspicuous type:
1281      1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
1282 MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
1283      2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
1284 NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
1285 ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
1286 MATERIALS.
1287      3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
1288 STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
1289 PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
1290 REPRESENTATIONS.
1291      (2)  Summary: The next page must contain all statements
1292 required to be in conspicuous type in the prospectus or offering
1293 circular.
1294      (3)  A separate index of the contents and exhibits of the
1295 prospectus.
1296      (4)  Beginning on the first page of the text (not including
1297 the summary and index), a description of the condominium,
1298 including, but not limited to, the following information:
1299      (a)  Its name and location.
1300      (b)  A description of the condominium property, including,
1301 without limitation:
1302      1.  The number of buildings, the number of units in each
1303 building, the number of bathrooms and bedrooms in each unit, and
1304 the total number of units, if the condominium is not a phase
1305 condominium, or the maximum number of buildings that may be
1306 contained within the condominium, the minimum and maximum
1307 numbers of units in each building, the minimum and maximum
1308 numbers of bathrooms and bedrooms that may be contained in each
1309 unit, and the maximum number of units that may be contained
1310 within the condominium, if the condominium is a phase
1311 condominium.
1312      2.  The page in the condominium documents where a copy of
1313 the plot plan and survey of the condominium is located.
1314      3.  The estimated latest date of completion of
1315 constructing, finishing, and equipping. In lieu of a date, the
1316 description shall include a statement that the estimated date of
1317 completion of the condominium is in the purchase agreement and a
1318 reference to the article or paragraph containing that
1319 information.
1320      (c)  The maximum number of units that will use facilities
1321 in common with the condominium. If the maximum number of units
1322 will vary, a description of the basis for variation and the
1323 minimum amount of dollars per unit to be spent for additional
1324 recreational facilities or enlargement of such facilities. If
1325 the addition or enlargement of facilities will result in a
1326 material increase of a unit owner's maintenance expense or
1327 rental expense, if any, the maximum increase and limitations
1328 thereon shall be stated.
1329      (5)(a)  A statement in conspicuous type describing whether
1330 the condominium is created and being sold as fee simple
1331 interests or as leasehold interests. If the condominium is
1332 created or being sold on a leasehold, the location of the lease
1333 in the disclosure materials shall be stated.
1334      (b)  If timeshare estates are or may be created with
1335 respect to any unit in the condominium, a statement in
1336 conspicuous type stating that timeshare estates are created and
1337 being sold in units in the condominium.
1338      (6)  A description of the recreational and other commonly
1339 used facilities that will be used only by unit owners of the
1340 condominium, including, but not limited to, the following:
1341      (a)  Each room and its intended purposes, location,
1342 approximate floor area, and capacity in numbers of people.
1343      (b)  Each swimming pool, as to its general location,
1344 approximate size and depths, approximate deck size and capacity,
1345 and whether heated.
1346      (c)  Additional facilities, as to the number of each
1347 facility, its approximate location, approximate size, and
1348 approximate capacity.
1349      (d)  A general description of the items of personal
1350 property and the approximate number of each item of personal
1351 property that the developer is committing to furnish for each
1352 room or other facility or, in the alternative, a representation
1353 as to the minimum amount of expenditure that will be made to
1354 purchase the personal property for the facility.
1355      (e)  The estimated date when each room or other facility
1356 will be available for use by the unit owners.
1357      (f)1.  An identification of each room or other facility to
1358 be used by unit owners that will not be owned by the unit owners
1359 or the association;
1360      2.  A reference to the location in the disclosure materials
1361 of the lease or other agreements providing for the use of those
1362 facilities; and
1363      3.  A description of the terms of the lease or other
1364 agreements, including the length of the term; the rent payable,
1365 directly or indirectly, by each unit owner, and the total rent
1366 payable to the lessor, stated in monthly and annual amounts for
1367 the entire term of the lease; and a description of any option to
1368 purchase the property leased under any such lease, including the
1369 time the option may be exercised, the purchase price or how it
1370 is to be determined, the manner of payment, and whether the
1371 option may be exercised for a unit owner's share or only as to
1372 the entire leased property.
1373      (g)  A statement as to whether the developer may provide
1374 additional facilities not described above; their general
1375 locations and types; improvements or changes that may be made;
1376 the approximate dollar amount to be expended; and the maximum
1377 additional common expense or cost to the individual unit owners
1378 that may be charged during the first annual period of operation
1379 of the modified or added facilities.
1380
1381 Descriptions as to locations, areas, capacities, numbers,
1382 volumes, or sizes may be stated as approximations or minimums.
1383      (7)  A description of the recreational and other facilities
1384 that will be used in common with other condominiums, community
1385 associations, or planned developments which require the payment
1386 of the maintenance and expenses of such facilities, either
1387 directly or indirectly, by the unit owners. The description
1388 shall include, but not be limited to, the following:
1389      (a)  Each building and facility committed to be built.
1390      (b)  Facilities not committed to be built except under
1391 certain conditions, and a statement of those conditions or
1392 contingencies.
1393      (c)  As to each facility committed to be built, or which
1394 will be committed to be built upon the happening of one of the
1395 conditions in paragraph (b), a statement of whether it will be
1396 owned by the unit owners having the use thereof or by an
1397 association or other entity which will be controlled by them, or
1398 others, and the location in the exhibits of the lease or other
1399 document providing for use of those facilities.
1400      (d)  The year in which each facility will be available for
1401 use by the unit owners or, in the alternative, the maximum
1402 number of unit owners in the project at the time each of all of
1403 the facilities is committed to be completed.
1404      (e)  A general description of the items of personal
1405 property, and the approximate number of each item of personal
1406 property, that the developer is committing to furnish for each
1407 room or other facility or, in the alternative, a representation
1408 as to the minimum amount of expenditure that will be made to
1409 purchase the personal property for the facility.
1410      (f)  If there are leases, a description thereof, including
1411 the length of the term, the rent payable, and a description of
1412 any option to purchase.
1413
1414 Descriptions shall include location, areas, capacities, numbers,
1415 volumes, or sizes and may be stated as approximations or
1416 minimums.
1417      (8)  Recreation lease or associated club membership:
1418      (a)  If any recreational facilities or other facilities
1419 offered by the developer and available to, or to be used by,
1420 unit owners are to be leased or have club membership associated,
1421 the following statement in conspicuous type shall be included:
1422 THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
1423 CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
1424 CONDOMINIUM. There shall be a reference to the location in the
1425 disclosure materials where the recreation lease or club
1426 membership is described in detail.
1427      (b)  If it is mandatory that unit owners pay a fee, rent,
1428 dues, or other charges under a recreational facilities lease or
1429 club membership for the use of facilities, there shall be in
1430 conspicuous type the applicable statement:
1431      1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
1432 MANDATORY FOR UNIT OWNERS; or
1433      2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
1434 TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
1435      3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
1436 COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
1437 REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
1438 LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
1439      4.  A similar statement of the nature of the organization
1440 or the manner in which the use rights are created, and that unit
1441 owners are required to pay.
1442
1443 Immediately following the applicable statement, the location in
1444 the disclosure materials where the development is described in
1445 detail shall be stated.
1446      (c)  If the developer, or any other person other than the
1447 unit owners and other persons having use rights in the
1448 facilities, reserves, or is entitled to receive, any rent, fee,
1449 or other payment for the use of the facilities, then there shall
1450 be the following statement in conspicuous type: THE UNIT OWNERS
1451 OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
1452 RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
1453 following this statement, the location in the disclosure
1454 materials where the rent or land use fees are described in
1455 detail shall be stated.
1456      (d)  If, in any recreation format, whether leasehold, club,
1457 or other, any person other than the association has the right to
1458 a lien on the units to secure the payment of assessments, rent,
1459 or other exactions, there shall appear a statement in
1460 conspicuous type in substantially the following form:
1461      1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
1462 SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
1463 RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
1464 PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
1465      2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
1466 SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
1467 FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
1468 OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
1469 THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
1470
1471 Immediately following the applicable statement, the location in
1472 the disclosure materials where the lien or lien right is
1473 described in detail shall be stated.
1474      (9)  If the developer or any other person has the right to
1475 increase or add to the recreational facilities at any time after
1476 the establishment of the condominium whose unit owners have use
1477 rights therein, without the consent of the unit owners or
1478 associations being required, there shall appear a statement in
1479 conspicuous type in substantially the following form:
1480 RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
1481 OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
1482 statement, the location in the disclosure materials where such
1483 reserved rights are described shall be stated.
1484      (10)  A statement of whether the developer's plan includes
1485 a program of leasing units rather than selling them, or leasing
1486 units and selling them subject to such leases. If so, there
1487 shall be a description of the plan, including the number and
1488 identification of the units and the provisions and term of the
1489 proposed leases, and a statement in boldfaced type that: THE
1490 UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
1491      (11)  The arrangements for management of the association
1492 and maintenance and operation of the condominium property and of
1493 other property that will serve the unit owners of the
1494 condominium property, and a description of the management
1495 contract and all other contracts for these purposes having a
1496 term in excess of 1 year, including the following:
1497      (a)  The names of contracting parties.
1498      (b)  The term of the contract.
1499      (c)  The nature of the services included.
1500      (d)  The compensation, stated on a monthly and annual
1501 basis, and provisions for increases in the compensation.
1502      (e)  A reference to the volumes and pages of the
1503 condominium documents and of the exhibits containing copies of
1504 such contracts.
1505
1506 Copies of all described contracts shall be attached as exhibits.
1507 If there is a contract for the management of the condominium
1508 property, then a statement in conspicuous type in substantially
1509 the following form shall appear, identifying the proposed or
1510 existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
1511 THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
1512 CONTRACT MANAGER). Immediately following this statement, the
1513 location in the disclosure materials of the contract for
1514 management of the condominium property shall be stated.
1515      (12)  If the developer or any other person or persons other
1516 than the unit owners has the right to retain control of the
1517 board of administration of the association for a period of time
1518 which can exceed 1 year after the closing of the sale of a
1519 majority of the units in that condominium to persons other than
1520 successors or alternate developers, then a statement in
1521 conspicuous type in substantially the following form shall be
1522 included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
1523 RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
1524 HAVE BEEN SOLD. Immediately following this statement, the
1525 location in the disclosure materials where this right to control
1526 is described in detail shall be stated.
1527      (13)  If there are any restrictions upon the sale,
1528 transfer, conveyance, or leasing of a unit, then a statement in
1529 conspicuous type in substantially the following form shall be
1530 included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
1531 CONTROLLED. Immediately following this statement, the location
1532 in the disclosure materials where the restriction, limitation,
1533 or control on the sale, lease, or transfer of units is described
1534 in detail shall be stated.
1535      (14)  If the condominium is part of a phase project, the
1536 following information shall be stated:
1537      (a)  A statement in conspicuous type in substantially the
1538 following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
1539 UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
1540 this statement, the location in the disclosure materials where
1541 the phasing is described shall be stated.
1542      (b)  A summary of the provisions of the declaration which
1543 provide for the phasing.
1544      (c)  A statement as to whether or not residential buildings
1545 and units which are added to the condominium may be
1546 substantially different from the residential buildings and units
1547 originally in the condominium. If the added residential
1548 buildings and units may be substantially different, there shall
1549 be a general description of the extent to which such added
1550 residential buildings and units may differ, and a statement in
1551 conspicuous type in substantially the following form shall be
1552 included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
1553 MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
1554 UNITS IN THE CONDOMINIUM. Immediately following this statement,
1555 the location in the disclosure materials where the extent to
1556 which added residential buildings and units may substantially
1557 differ is described shall be stated.
1558      (d)  A statement of the maximum number of buildings
1559 containing units, the maximum and minimum numbers of units in
1560 each building, the maximum number of units, and the minimum and
1561 maximum square footage of the units that may be contained within
1562 each parcel of land which may be added to the condominium.
1563      (15)  If a condominium created on or after July 1, 2000, is
1564 or may become part of a multicondominium, the following
1565 information must be provided:
1566      (a)  A statement in conspicuous type in substantially the
1567 following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
1568 MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
1569 (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
1570 this statement, the location in the prospectus or offering
1571 circular and its exhibits where the multicondominium aspects of
1572 the offering are described must be stated.
1573      (b)  A summary of the provisions in the declaration,
1574 articles of incorporation, and bylaws which establish and
1575 provide for the operation of the multicondominium, including a
1576 statement as to whether unit owners in the condominium will have
1577 the right to use recreational or other facilities located or
1578 planned to be located in other condominiums operated by the same
1579 association, and the manner of sharing the common expenses
1580 related to such facilities.
1581      (c)  A statement of the minimum and maximum number of
1582 condominiums, and the minimum and maximum number of units in
1583 each of those condominiums, which will or may be operated by the
1584 association, and the latest date by which the exact number will
1585 be finally determined.
1586      (d)  A statement as to whether any of the condominiums in
1587 the multicondominium may include units intended to be used for
1588 nonresidential purposes and the purpose or purposes permitted
1589 for such use.
1590      (e)  A general description of the location and approximate
1591 acreage of any land on which any additional condominiums to be
1592 operated by the association may be located.
1593      (16)  If the condominium is created by conversion of
1594 existing improvements, the following information shall be
1595 stated:
1596      (a)  The information required by s. 718.616.
1597      (b)  A caveat that there are no express warranties unless
1598 they are stated in writing by the developer.
1599      (17)  A summary of the restrictions, if any, to be imposed
1600 on units concerning the use of any of the condominium property,
1601 including statements as to whether there are restrictions upon
1602 children and pets, and reference to the volumes and pages of the
1603 condominium documents where such restrictions are found, or if
1604 such restrictions are contained elsewhere, then a copy of the
1605 documents containing the restrictions shall be attached as an
1606 exhibit.
1607      (18)  If there is any land that is offered by the developer
1608 for use by the unit owners and that is neither owned by them nor
1609 leased to them, the association, or any entity controlled by
1610 unit owners and other persons having the use rights to such
1611 land, a statement shall be made as to how such land will serve
1612 the condominium. If any part of such land will serve the
1613 condominium, the statement shall describe the land and the
1614 nature and term of service, and the declaration or other
1615 instrument creating such servitude shall be included as an
1616 exhibit.
1617      (19)  The manner in which utility and other services,
1618 including, but not limited to, sewage and waste disposal, water
1619 supply, and storm drainage, will be provided and the person or
1620 entity furnishing them.
1621      (20)  An explanation of the manner in which the
1622 apportionment of common expenses and ownership of the common
1623 elements has been determined.
1624      (21)  An estimated operating budget for the condominium and
1625 the association, and a schedule of the unit owner's expenses
1626 shall be attached as an exhibit and shall contain the following
1627 information:
1628      (a)  The estimated monthly and annual expenses of the
1629 condominium and the association that are collected from unit
1630 owners by assessments.
1631      (b)  The estimated monthly and annual expenses of each unit
1632 owner for a unit, other than common expenses paid by all unit
1633 owners, payable by the unit owner to persons or entities other
1634 than the association, as well as to the association, including
1635 fees assessed pursuant to s. 718.113(1) for maintenance of
1636 limited common elements where such costs are shared only by
1637 those entitled to use the limited common element, and the total
1638 estimated monthly and annual expense. There may be excluded from
1639 this estimate expenses which are not provided for or
1640 contemplated by the condominium documents, including, but not
1641 limited to, the costs of private telephone; maintenance of the
1642 interior of condominium units, which is not the obligation of
1643 the association; maid or janitorial services privately
1644 contracted for by the unit owners; utility bills billed directly
1645 to each unit owner for utility services to his or her unit;
1646 insurance premiums other than those incurred for policies
1647 obtained by the condominium; and similar personal expenses of
1648 the unit owner. A unit owner's estimated payments for
1649 assessments shall also be stated in the estimated amounts for
1650 the times when they will be due.
1651      (c)  The estimated items of expenses of the condominium and
1652 the association, except as excluded under paragraph (b),
1653 including, but not limited to, the following items, which shall
1654 be stated either as an association expense collectible by
1655 assessments or as unit owners' expenses payable to persons other
1656 than the association:
1657      1.  Expenses for the association and condominium:
1658      a.  Administration of the association.
1659      b.  Management fees.
1660      c.  Maintenance.
1661      d.  Rent for recreational and other commonly used
1662 facilities.
1663      e.  Taxes upon association property.
1664      f.  Taxes upon leased areas.
1665      g.  Insurance.
1666      h.  Security provisions.
1667      i.  Other expenses.
1668      j.  Operating capital.
1669      k.  Reserves.
1670      l.  Fees payable to the division.
1671      2.  Expenses for a unit owner:
1672      a.  Rent for the unit, if subject to a lease.
1673      b.  Rent payable by the unit owner directly to the lessor
1674 or agent under any recreational lease or lease for the use of
1675 commonly used facilities, which use and payment is a mandatory
1676 condition of ownership and is not included in the common expense
1677 or assessments for common maintenance paid by the unit owners to
1678 the association.
1679      (d)  The estimated amounts shall be stated for a period of
1680 at least 12 months and may distinguish between the period prior
1681 to the time unit owners other than the developer elect a
1682 majority of the board of administration and the period after
1683 that date.
1684      (22)  A schedule of estimated closing expenses to be paid
1685 by a buyer or lessee of a unit and a statement of whether title
1686 opinion or title insurance policy is available to the buyer and,
1687 if so, at whose expense.
1688      (23)  The identity of the developer and the chief operating
1689 officer or principal directing the creation and sale of the
1690 condominium and a statement of its and his or her experience in
1691 this field.
1692      (24)  Copies of the following, to the extent they are
1693 applicable, shall be included as exhibits:
1694      (a)  The declaration of condominium, or the proposed
1695 declaration if the declaration has not been recorded.
1696      (b)  The articles of incorporation creating the
1697 association.
1698      (c)  The bylaws of the association.
1699      (d)  The ground lease or other underlying lease of the
1700 condominium.
1701      (e)  The management agreement and all maintenance and other
1702 contracts for management of the association and operation of the
1703 condominium and facilities used by the unit owners having a
1704 service term in excess of 1 year.
1705      (f)  The estimated operating budget for the condominium and
1706 the required schedule of unit owners' expenses.
1707      (g)  A copy of the floor plan of the unit and the plot plan
1708 showing the location of the residential buildings and the
1709 recreation and other common areas.
1710      (h)  The lease of recreational and other facilities that
1711 will be used only by unit owners of the subject condominium.
1712      (i)  The lease of facilities used by owners and others.
1713      (j)  The form of unit lease, if the offer is of a
1714 leasehold.
1715      (k)  A declaration of servitude of properties serving the
1716 condominium but not owned by unit owners or leased to them or
1717 the association.
1718      (l)  The statement of condition of the existing building or
1719 buildings, if the offering is of units in an operation being
1720 converted to condominium ownership.
1721      (m)  The statement of inspection for termite damage and
1722 treatment of the existing improvements, if the condominium is a
1723 conversion.
1724      (n)  The form of agreement for sale or lease of units.
1725      (o)  A copy of the agreement for escrow of payments made to
1726 the developer prior to closing.
1727      (p)  A copy of the documents containing any restrictions on
1728 use of the property required by subsection (17).
1729      (25)  Any prospectus or offering circular complying, prior
1730 to the effective date of this act, with the provisions of former
1731 ss. 711.69 and 711.802 may continue to be used without amendment
1732 or may be amended to comply with the provisions of this chapter.
1733      (26)  A brief narrative description of the location and
1734 effect of all existing and intended easements located or to be
1735 located on the condominium property other than those described
1736 in the declaration.
1737      (27)  If the developer is required by state or local
1738 authorities to obtain acceptance or approval of any dock or
1739 marina facilities intended to serve the condominium, a copy of
1740 any such acceptance or approval acquired by the time of filing
1741 with the division under s. 718.502(1) or a statement that such
1742 acceptance or approval has not been acquired or received.
1743      (28)  Evidence demonstrating that the developer has an
1744 ownership, leasehold, or contractual interest in the land upon
1745 which the condominium is to be developed.
1746      Section 35.  Section 718.508, Florida Statutes, is amended
1747 to read:
1748      718.508  Regulation by Division of Hotels and
1749 Restaurants.--In addition to the authority, regulation, or
1750 control exercised by the Division of Florida Land Sales,
1751 Condominiums, Homeowners' Associations, Community Association
1752 Management, and Mobile Homes pursuant to this act with respect
1753 to condominiums, buildings included in a condominium property
1754 shall be subject to the authority, regulation, or control of the
1755 Division of Hotels and Restaurants of the Department of Business
1756 and Professional Regulation, to the extent provided for in
1757 chapter 399.
1758      Section 36.  Section 718.509, Florida Statutes, is amended
1759 to read:
1760      718.509  Division of Florida Land Sales, Condominiums,
1761 Homeowners' Associations, Community Association Management, and
1762 Mobile Homes Trust Fund.--All funds collected by the division
1763 and any amount paid for a fee or penalty under this chapter
1764 shall be deposited in the State Treasury to the credit of the
1765 Division of Florida Land Sales, Condominiums, Homeowners'
1766 Associations, Community Association Management, and Mobile Homes
1767 Trust Fund created by s. 498.019.
1768      Section 37.  Paragraph (a) of subsection (2) of section
1769 718.608, Florida Statutes, is amended to read:
1770      718.608  Notice of intended conversion; time of delivery;
1771 content.--
1772      (2)(a)  Each notice of intended conversion shall be dated
1773 and in writing. The notice shall contain the following
1774 statement, with the phrases of the following statement which
1775 appear in upper case printed in conspicuous type:
1776
1777      These apartments are being converted to condominium by  
1778 (name of developer)  , the developer.
1779      1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
1780 YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
1781 AGREEMENT AS FOLLOWS:
1782      a.  If you have continuously been a resident of these
1783 apartments during the last 180 days and your rental agreement
1784 expires during the next 270 days, you may extend your rental
1785 agreement for up to 270 days after the date of this notice.
1786      b.  If you have not been a continuous resident of these
1787 apartments for the last 180 days and your rental agreement
1788 expires during the next 180 days, you may extend your rental
1789 agreement for up to 180 days after the date of this notice.
1790      c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
1791 MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
1792 DATE OF THIS NOTICE.
1793      2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
1794 you may extend your rental agreement for up to 45 days after the
1795 date of this notice while you decide whether to extend your
1796 rental agreement as explained above. To do so, you must notify
1797 the developer in writing. You will then have the full 45 days to
1798 decide whether to extend your rental agreement as explained
1799 above.
1800      3.  During the extension of your rental agreement you will
1801 be charged the same rent that you are now paying.
1802      4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
1803 OF THE RENTAL AGREEMENT AS FOLLOWS:
1804      a.  If your rental agreement began or was extended or
1805 renewed after May 1, 1980, and your rental agreement, including
1806 extensions and renewals, has an unexpired term of 180 days or
1807 less, you may cancel your rental agreement upon 30 days' written
1808 notice and move. Also, upon 30 days' written notice, you may
1809 cancel any extension of the rental agreement.
1810      b.  If your rental agreement was not begun or was not
1811 extended or renewed after May 1, 1980, you may not cancel the
1812 rental agreement without the consent of the developer. If your
1813 rental agreement, including extensions and renewals, has an
1814 unexpired term of 180 days or less, you may, however, upon 30
1815 days' written notice cancel any extension of the rental
1816 agreement.
1817      5.  All notices must be given in writing and sent by mail,
1818 return receipt requested, or delivered in person to the
1819 developer at this address:   (name and address of developer)  .
1820      6.  If you have continuously been a resident of these
1821 apartments during the last 180 days:
1822      a.  You have the right to purchase your apartment and will
1823 have 45 days to decide whether to purchase. If you do not buy
1824 the unit at that price and the unit is later offered at a lower
1825 price, you will have the opportunity to buy the unit at the
1826 lower price. However, in all events your right to purchase the
1827 unit ends when the rental agreement or any extension of the
1828 rental agreement ends or when you waive this right in writing.
1829      b.  Within 90 days you will be provided purchase
1830 information relating to your apartment, including the price of
1831 your unit and the condition of the building. If you do not
1832 receive this information within 90 days, your rental agreement
1833 and any extension will be extended 1 day for each day over 90
1834 days until you are given the purchase information. If you do not
1835 want this rental agreement extension, you must notify the
1836 developer in writing.
1837      7.  If you have any questions regarding this conversion or
1838 the Condominium Act, you may contact the developer or the state
1839 agency which regulates condominiums: The Division of Florida
1840 Land Sales, Condominiums, Homeowners' Associations, Community
1841 Association Management, and Mobile Homes,   (Tallahassee address
1842 and telephone number of division).
1843      Section 38.  Subsection (17) of section 719.103, Florida
1844 Statutes, is amended to read:
1845      719.103  Definitions.--As used in this chapter:
1846      (17)  "Division" means the Division of Florida Land Sales,
1847 Condominiums, Homeowners' Associations, Community Association
1848 Management, and Mobile Homes of the Department of Business and
1849 Professional Regulation.
1850      Section 39.  Section 719.1255, Florida Statutes, is amended
1851 to read:
1852      719.1255  Alternative resolution of disputes.--The Division
1853 of Florida Land Sales, Condominiums, Homeowners' Associations,
1854 Community Association Management, and Mobile Homes of the
1855 Department of Business and Professional Regulation shall provide
1856 for alternative dispute resolution in accordance with s.
1857 718.1255.
1858      Section 40.  Section 719.501, Florida Statutes, is amended
1859 to read:
1860      719.501  Powers and duties of Division of Florida Land
1861 Sales, Condominiums, Homeowners' Associations, Community
1862 Association Management, and Mobile Homes.--
1863      (1)  The Division of Florida Land Sales, Condominiums,
1864 Homeowners' Associations, Community Association Management, and
1865 Mobile Homes of the Department of Business and Professional
1866 Regulation, referred to as the "division" in this part, in
1867 addition to other powers and duties prescribed by chapter 498,
1868 has the power to enforce and ensure compliance with the
1869 provisions of this chapter and rules promulgated pursuant hereto
1870 relating to the development, construction, sale, lease,
1871 ownership, operation, and management of residential cooperative
1872 units. In performing its duties, the division shall have the
1873 following powers and duties:
1874      (a)  The division may make necessary public or private
1875 investigations within or outside this state to determine whether
1876 any person has violated this chapter or any rule or order
1877 hereunder, to aid in the enforcement of this chapter, or to aid
1878 in the adoption of rules or forms hereunder.
1879      (b)  The division may require or permit any person to file
1880 a statement in writing, under oath or otherwise, as the division
1881 determines, as to the facts and circumstances concerning a
1882 matter to be investigated.
1883      (c)  For the purpose of any investigation under this
1884 chapter, the division director or any officer or employee
1885 designated by the division director may administer oaths or
1886 affirmations, subpoena witnesses and compel their attendance,
1887 take evidence, and require the production of any matter which is
1888 relevant to the investigation, including the existence,
1889 description, nature, custody, condition, and location of any
1890 books, documents, or other tangible things and the identity and
1891 location of persons having knowledge of relevant facts or any
1892 other matter reasonably calculated to lead to the discovery of
1893 material evidence. Upon failure by a person to obey a subpoena
1894 or to answer questions propounded by the investigating officer
1895 and upon reasonable notice to all persons affected thereby, the
1896 division may apply to the circuit court for an order compelling
1897 compliance.
1898      (d)  Notwithstanding any remedies available to unit owners
1899 and associations, if the division has reasonable cause to
1900 believe that a violation of any provision of this chapter or
1901 rule promulgated pursuant hereto has occurred, the division may
1902 institute enforcement proceedings in its own name against a
1903 developer, association, officer, or member of the board, or its
1904 assignees or agents, as follows:
1905      1.  The division may permit a person whose conduct or
1906 actions may be under investigation to waive formal proceedings
1907 and enter into a consent proceeding whereby orders, rules, or
1908 letters of censure or warning, whether formal or informal, may
1909 be entered against the person.
1910      2.  The division may issue an order requiring the
1911 developer, association, officer, or member of the board, or its
1912 assignees or agents, to cease and desist from the unlawful
1913 practice and take such affirmative action as in the judgment of
1914 the division will carry out the purposes of this chapter. Such
1915 affirmative action may include, but is not limited to, an order
1916 requiring a developer to pay moneys determined to be owed to a
1917 condominium association.
1918      3.  The division may bring an action in circuit court on
1919 behalf of a class of unit owners, lessees, or purchasers for
1920 declaratory relief, injunctive relief, or restitution.
1921      4.  The division may impose a civil penalty against a
1922 developer or association, or its assignees or agents, for any
1923 violation of this chapter or a rule promulgated pursuant hereto.
1924 The division may impose a civil penalty individually against any
1925 officer or board member who willfully and knowingly violates a
1926 provision of this chapter, a rule adopted pursuant to this
1927 chapter, or a final order of the division. The term "willfully
1928 and knowingly" means that the division informed the officer or
1929 board member that his or her action or intended action violates
1930 this chapter, a rule adopted under this chapter, or a final
1931 order of the division, and that the officer or board member
1932 refused to comply with the requirements of this chapter, a rule
1933 adopted under this chapter, or a final order of the division.
1934 The division, prior to initiating formal agency action under
1935 chapter 120, shall afford the officer or board member an
1936 opportunity to voluntarily comply with this chapter, a rule
1937 adopted under this chapter, or a final order of the division. An
1938 officer or board member who complies within 10 days is not
1939 subject to a civil penalty. A penalty may be imposed on the
1940 basis of each day of continuing violation, but in no event shall
1941 the penalty for any offense exceed $5,000. By January 1, 1998,
1942 the division shall adopt, by rule, penalty guidelines applicable
1943 to possible violations or to categories of violations of this
1944 chapter or rules adopted by the division. The guidelines must
1945 specify a meaningful range of civil penalties for each such
1946 violation of the statute and rules and must be based upon the
1947 harm caused by the violation, the repetition of the violation,
1948 and upon such other factors deemed relevant by the division. For
1949 example, the division may consider whether the violations were
1950 committed by a developer or owner-controlled association, the
1951 size of the association, and other factors. The guidelines must
1952 designate the possible mitigating or aggravating circumstances
1953 that justify a departure from the range of penalties provided by
1954 the rules. It is the legislative intent that minor violations be
1955 distinguished from those which endanger the health, safety, or
1956 welfare of the cooperative residents or other persons and that
1957 such guidelines provide reasonable and meaningful notice to the
1958 public of likely penalties that may be imposed for proscribed
1959 conduct. This subsection does not limit the ability of the
1960 division to informally dispose of administrative actions or
1961 complaints by stipulation, agreed settlement, or consent order.
1962 All amounts collected shall be deposited with the Chief
1963 Financial Officer to the credit of the Division of Florida Land
1964 Sales, Condominiums, Homeowners' Associations, Community
1965 Association Management, and Mobile Homes Trust Fund. If a
1966 developer fails to pay the civil penalty, the division shall
1967 thereupon issue an order directing that such developer cease and
1968 desist from further operation until such time as the civil
1969 penalty is paid or may pursue enforcement of the penalty in a
1970 court of competent jurisdiction. If an association fails to pay
1971 the civil penalty, the division shall thereupon pursue
1972 enforcement in a court of competent jurisdiction, and the order
1973 imposing the civil penalty or the cease and desist order shall
1974 not become effective until 20 days after the date of such order.
1975 Any action commenced by the division shall be brought in the
1976 county in which the division has its executive offices or in the
1977 county where the violation occurred.
1978      (e)  The division is authorized to prepare and disseminate
1979 a prospectus and other information to assist prospective owners,
1980 purchasers, lessees, and developers of residential cooperatives
1981 in assessing the rights, privileges, and duties pertaining
1982 thereto.
1983      (f)  The division has authority to adopt rules pursuant to
1984 ss. 120.536(1) and 120.54 to implement and enforce the
1985 provisions of this chapter.
1986      (g)  The division shall establish procedures for providing
1987 notice to an association when the division is considering the
1988 issuance of a declaratory statement with respect to the
1989 cooperative documents governing such cooperative community.
1990      (h)  The division shall furnish each association which pays
1991 the fees required by paragraph (2)(a) a copy of this act,
1992 subsequent changes to this act on an annual basis, an amended
1993 version of this act as it becomes available from the Secretary
1994 of State's office on a biennial basis, and the rules promulgated
1995 pursuant thereto on an annual basis.
1996      (i)  The division shall annually provide each association
1997 with a summary of declaratory statements and formal legal
1998 opinions relating to the operations of cooperatives which were
1999 rendered by the division during the previous year.
2000      (j)  The division shall adopt uniform accounting
2001 principles, policies, and standards to be used by all
2002 associations in the preparation and presentation of all
2003 financial statements required by this chapter. The principles,
2004 policies, and standards shall take into consideration the size
2005 of the association and the total revenue collected by the
2006 association.
2007      (k)  The division shall provide training programs for
2008 cooperative association board members and unit owners.
2009      (l)  The division shall maintain a toll-free telephone
2010 number accessible to cooperative unit owners.
2011      (m)  When a complaint is made to the division, the division
2012 shall conduct its inquiry with reasonable dispatch and with due
2013 regard to the interests of the affected parties. Within 30 days
2014 after receipt of a complaint, the division shall acknowledge the
2015 complaint in writing and notify the complainant whether the
2016 complaint is within the jurisdiction of the division and whether
2017 additional information is needed by the division from the
2018 complainant. The division shall conduct its investigation and
2019 shall, within 90 days after receipt of the original complaint or
2020 timely requested additional information, take action upon the
2021 complaint. However, the failure to complete the investigation
2022 within 90 days does not prevent the division from continuing the
2023 investigation, accepting or considering evidence obtained or
2024 received after 90 days, or taking administrative action if
2025 reasonable cause exists to believe that a violation of this
2026 chapter or a rule of the division has occurred. If an
2027 investigation is not completed within the time limits
2028 established in this paragraph, the division shall, on a monthly
2029 basis, notify the complainant in writing of the status of the
2030 investigation. When reporting its action to the complainant, the
2031 division shall inform the complainant of any right to a hearing
2032 pursuant to ss. 120.569 and 120.57.
2033      (n)  The division shall develop a program to certify both
2034 volunteer and paid mediators to provide mediation of cooperative
2035 disputes. The division shall provide, upon request, a list of
2036 such mediators to any association, unit owner, or other
2037 participant in arbitration proceedings under s. 718.1255
2038 requesting a copy of the list. The division shall include on the
2039 list of voluntary mediators only persons who have received at
2040 least 20 hours of training in mediation techniques or have
2041 mediated at least 20 disputes. In order to become initially
2042 certified by the division, paid mediators must be certified by
2043 the Supreme Court to mediate court cases in either county or
2044 circuit courts. However, the division may adopt, by rule,
2045 additional factors for the certification of paid mediators,
2046 which factors must be related to experience, education, or
2047 background. Any person initially certified as a paid mediator by
2048 the division must, in order to continue to be certified, comply
2049 with the factors or requirements imposed by rules adopted by the
2050 division.
2051      (2)(a)  Each cooperative association shall pay to the
2052 division, on or before January 1 of each year, an annual fee in
2053 the amount of $4 for each residential unit in cooperatives
2054 operated by the association. If the fee is not paid by March 1,
2055 then the association shall be assessed a penalty of 10 percent
2056 of the amount due, and the association shall not have the
2057 standing to maintain or defend any action in the courts of this
2058 state until the amount due is paid.
2059      (b)  All fees shall be deposited in the Division of Florida
2060 Land Sales, Condominiums, Homeowners' Associations, Community
2061 Association Management, and Mobile Homes Trust Fund as provided
2062 by law.
2063      Section 41.  Paragraph (a) of subsection (2) of section
2064 719.502, Florida Statutes, is amended to read:
2065      719.502  Filing prior to sale or lease.--
2066      (2)(a)  Prior to filing as required by subsection (1), and
2067 prior to acquiring an ownership, leasehold, or contractual
2068 interest in the land upon which the cooperative is to be
2069 developed, a developer shall not offer a contract for purchase
2070 or lease of a unit for more than 5 years. However, the developer
2071 may accept deposits for reservations upon the approval of a
2072 fully executed escrow agreement and reservation agreement form
2073 properly filed with the Division of Florida Land Sales,
2074 Condominiums, Homeowners' Associations, Community Association
2075 Management, and Mobile Homes. Each filing of a proposed
2076 reservation program shall be accompanied by a filing fee of
2077 $250. Reservations shall not be taken on a proposed cooperative
2078 unless the developer has an ownership, leasehold, or contractual
2079 interest in the land upon which the cooperative is to be
2080 developed. The division shall notify the developer within 20
2081 days of receipt of the reservation filing of any deficiencies
2082 contained therein. Such notification shall not preclude the
2083 determination of reservation filing deficiencies at a later
2084 date, nor shall it relieve the developer of any responsibility
2085 under the law. The escrow agreement and the reservation
2086 agreement form shall include a statement of the right of the
2087 prospective purchaser to an immediate unqualified refund of the
2088 reservation deposit moneys upon written request to the escrow
2089 agent by the prospective purchaser or the developer.
2090      Section 42.  Section 719.504, Florida Statutes, is amended
2091 to read:
2092      719.504  Prospectus or offering circular.--Every developer
2093 of a residential cooperative which contains more than 20
2094 residential units, or which is part of a group of residential
2095 cooperatives which will be served by property to be used in
2096 common by unit owners of more than 20 residential units, shall
2097 prepare a prospectus or offering circular and file it with the
2098 Division of Florida Land Sales, Condominiums, Homeowners'
2099 Associations, Community Association Management, and Mobile Homes
2100 prior to entering into an enforceable contract of purchase and
2101 sale of any unit or lease of a unit for more than 5 years and
2102 shall furnish a copy of the prospectus or offering circular to
2103 each buyer. In addition to the prospectus or offering circular,
2104 each buyer shall be furnished a separate page entitled
2105 "Frequently Asked Questions and Answers," which must be in
2106 accordance with a format approved by the division. This page
2107 must, in readable language: inform prospective purchasers
2108 regarding their voting rights and unit use restrictions,
2109 including restrictions on the leasing of a unit; indicate
2110 whether and in what amount the unit owners or the association is
2111 obligated to pay rent or land use fees for recreational or other
2112 commonly used facilities; contain a statement identifying that
2113 amount of assessment which, pursuant to the budget, would be
2114 levied upon each unit type, exclusive of any special
2115 assessments, and which identifies the basis upon which
2116 assessments are levied, whether monthly, quarterly, or
2117 otherwise; state and identify any court cases in which the
2118 association is currently a party of record in which the
2119 association may face liability in excess of $100,000; and state
2120 whether membership in a recreational facilities association is
2121 mandatory and, if so, identify the fees currently charged per
2122 unit type. The division shall by rule require such other
2123 disclosure as in its judgment will assist prospective
2124 purchasers. The prospectus or offering circular may include more
2125 than one cooperative, although not all such units are being
2126 offered for sale as of the date of the prospectus or offering
2127 circular. The prospectus or offering circular must contain the
2128 following information:
2129      (1)  The front cover or the first page must contain only:
2130      (a)  The name of the cooperative.
2131      (b)  The following statements in conspicuous type:
2132      1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2133 MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
2134      2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2135 NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2136 ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2137 MATERIALS.
2138      3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2139 STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2140 PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2141 REPRESENTATIONS.
2142      (2)  Summary: The next page must contain all statements
2143 required to be in conspicuous type in the prospectus or offering
2144 circular.
2145      (3)  A separate index of the contents and exhibits of the
2146 prospectus.
2147      (4)  Beginning on the first page of the text (not including
2148 the summary and index), a description of the cooperative,
2149 including, but not limited to, the following information:
2150      (a)  Its name and location.
2151      (b)  A description of the cooperative property, including,
2152 without limitation:
2153      1.  The number of buildings, the number of units in each
2154 building, the number of bathrooms and bedrooms in each unit, and
2155 the total number of units, if the cooperative is not a phase
2156 cooperative; or, if the cooperative is a phase cooperative, the
2157 maximum number of buildings that may be contained within the
2158 cooperative, the minimum and maximum number of units in each
2159 building, the minimum and maximum number of bathrooms and
2160 bedrooms that may be contained in each unit, and the maximum
2161 number of units that may be contained within the cooperative.
2162      2.  The page in the cooperative documents where a copy of
2163 the survey and plot plan of the cooperative is located.
2164      3.  The estimated latest date of completion of
2165 constructing, finishing, and equipping. In lieu of a date, a
2166 statement that the estimated date of completion of the
2167 cooperative is in the purchase agreement and a reference to the
2168 article or paragraph containing that information.
2169      (c)  The maximum number of units that will use facilities
2170 in common with the cooperative. If the maximum number of units
2171 will vary, a description of the basis for variation and the
2172 minimum amount of dollars per unit to be spent for additional
2173 recreational facilities or enlargement of such facilities. If
2174 the addition or enlargement of facilities will result in a
2175 material increase of a unit owner's maintenance expense or
2176 rental expense, if any, the maximum increase and limitations
2177 thereon shall be stated.
2178      (5)(a)  A statement in conspicuous type describing whether
2179 the cooperative is created and being sold as fee simple
2180 interests or as leasehold interests. If the cooperative is
2181 created or being sold on a leasehold, the location of the lease
2182 in the disclosure materials shall be stated.
2183      (b)  If timeshare estates are or may be created with
2184 respect to any unit in the cooperative, a statement in
2185 conspicuous type stating that timeshare estates are created and
2186 being sold in such specified units in the cooperative.
2187      (6)  A description of the recreational and other common
2188 areas that will be used only by unit owners of the cooperative,
2189 including, but not limited to, the following:
2190      (a)  Each room and its intended purposes, location,
2191 approximate floor area, and capacity in numbers of people.
2192      (b)  Each swimming pool, as to its general location,
2193 approximate size and depths, approximate deck size and capacity,
2194 and whether heated.
2195      (c)  Additional facilities, as to the number of each
2196 facility, its approximate location, approximate size, and
2197 approximate capacity.
2198      (d)  A general description of the items of personal
2199 property and the approximate number of each item of personal
2200 property that the developer is committing to furnish for each
2201 room or other facility or, in the alternative, a representation
2202 as to the minimum amount of expenditure that will be made to
2203 purchase the personal property for the facility.
2204      (e)  The estimated date when each room or other facility
2205 will be available for use by the unit owners.
2206      (f)1.  An identification of each room or other facility to
2207 be used by unit owners that will not be owned by the unit owners
2208 or the association;
2209      2.  A reference to the location in the disclosure materials
2210 of the lease or other agreements providing for the use of those
2211 facilities; and
2212      3.  A description of the terms of the lease or other
2213 agreements, including the length of the term; the rent payable,
2214 directly or indirectly, by each unit owner, and the total rent
2215 payable to the lessor, stated in monthly and annual amounts for
2216 the entire term of the lease; and a description of any option to
2217 purchase the property leased under any such lease, including the
2218 time the option may be exercised, the purchase price or how it
2219 is to be determined, the manner of payment, and whether the
2220 option may be exercised for a unit owner's share or only as to
2221 the entire leased property.
2222      (g)  A statement as to whether the developer may provide
2223 additional facilities not described above, their general
2224 locations and types, improvements or changes that may be made,
2225 the approximate dollar amount to be expended, and the maximum
2226 additional common expense or cost to the individual unit owners
2227 that may be charged during the first annual period of operation
2228 of the modified or added facilities.
2229
2230 Descriptions as to locations, areas, capacities, numbers,
2231 volumes, or sizes may be stated as approximations or minimums.
2232      (7)  A description of the recreational and other facilities
2233 that will be used in common with other cooperatives, community
2234 associations, or planned developments which require the payment
2235 of the maintenance and expenses of such facilities, either
2236 directly or indirectly, by the unit owners. The description
2237 shall include, but not be limited to, the following:
2238      (a)  Each building and facility committed to be built.
2239      (b)  Facilities not committed to be built except under
2240 certain conditions, and a statement of those conditions or
2241 contingencies.
2242      (c)  As to each facility committed to be built, or which
2243 will be committed to be built upon the happening of one of the
2244 conditions in paragraph (b), a statement of whether it will be
2245 owned by the unit owners having the use thereof or by an
2246 association or other entity which will be controlled by them, or
2247 others, and the location in the exhibits of the lease or other
2248 document providing for use of those facilities.
2249      (d)  The year in which each facility will be available for
2250 use by the unit owners or, in the alternative, the maximum
2251 number of unit owners in the project at the time each of all of
2252 the facilities is committed to be completed.
2253      (e)  A general description of the items of personal
2254 property, and the approximate number of each item of personal
2255 property, that the developer is committing to furnish for each
2256 room or other facility or, in the alternative, a representation
2257 as to the minimum amount of expenditure that will be made to
2258 purchase the personal property for the facility.
2259      (f)  If there are leases, a description thereof, including
2260 the length of the term, the rent payable, and a description of
2261 any option to purchase.
2262
2263 Descriptions shall include location, areas, capacities, numbers,
2264 volumes, or sizes and may be stated as approximations or
2265 minimums.
2266      (8)  Recreation lease or associated club membership:
2267      (a)  If any recreational facilities or other common areas
2268 offered by the developer and available to, or to be used by,
2269 unit owners are to be leased or have club membership associated,
2270 the following statement in conspicuous type shall be included:
2271 THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2272 COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2273 COOPERATIVE. There shall be a reference to the location in the
2274 disclosure materials where the recreation lease or club
2275 membership is described in detail.
2276      (b)  If it is mandatory that unit owners pay a fee, rent,
2277 dues, or other charges under a recreational facilities lease or
2278 club membership for the use of facilities, there shall be in
2279 conspicuous type the applicable statement:
2280      1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2281 MANDATORY FOR UNIT OWNERS; or
2282      2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2283 TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2284      3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2285 COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2286 REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2287 LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2288      4.  A similar statement of the nature of the organization
2289 or manner in which the use rights are created, and that unit
2290 owners are required to pay.
2291
2292 Immediately following the applicable statement, the location in
2293 the disclosure materials where the development is described in
2294 detail shall be stated.
2295      (c)  If the developer, or any other person other than the
2296 unit owners and other persons having use rights in the
2297 facilities, reserves, or is entitled to receive, any rent, fee,
2298 or other payment for the use of the facilities, then there shall
2299 be the following statement in conspicuous type: THE UNIT OWNERS
2300 OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2301 RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
2302 statement, the location in the disclosure materials where the
2303 rent or land use fees are described in detail shall be stated.
2304      (d)  If, in any recreation format, whether leasehold, club,
2305 or other, any person other than the association has the right to
2306 a lien on the units to secure the payment of assessments, rent,
2307 or other exactions, there shall appear a statement in
2308 conspicuous type in substantially the following form:
2309      1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2310 SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2311 RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2312 PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2313      2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2314 SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2315 FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2316 OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
2317 PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2318
2319 Immediately following the applicable statement, the location in
2320 the disclosure materials where the lien or lien right is
2321 described in detail shall be stated.
2322      (9)  If the developer or any other person has the right to
2323 increase or add to the recreational facilities at any time after
2324 the establishment of the cooperative whose unit owners have use
2325 rights therein, without the consent of the unit owners or
2326 associations being required, there shall appear a statement in
2327 conspicuous type in substantially the following form:
2328 RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2329 OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2330 statement, the location in the disclosure materials where such
2331 reserved rights are described shall be stated.
2332      (10)  A statement of whether the developer's plan includes
2333 a program of leasing units rather than selling them, or leasing
2334 units and selling them subject to such leases. If so, there
2335 shall be a description of the plan, including the number and
2336 identification of the units and the provisions and term of the
2337 proposed leases, and a statement in boldfaced type that: THE
2338 UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2339      (11)  The arrangements for management of the association
2340 and maintenance and operation of the cooperative property and of
2341 other property that will serve the unit owners of the
2342 cooperative property, and a description of the management
2343 contract and all other contracts for these purposes having a
2344 term in excess of 1 year, including the following:
2345      (a)  The names of contracting parties.
2346      (b)  The term of the contract.
2347      (c)  The nature of the services included.
2348      (d)  The compensation, stated on a monthly and annual
2349 basis, and provisions for increases in the compensation.
2350      (e)  A reference to the volumes and pages of the
2351 cooperative documents and of the exhibits containing copies of
2352 such contracts.
2353
2354 Copies of all described contracts shall be attached as exhibits.
2355 If there is a contract for the management of the cooperative
2356 property, then a statement in conspicuous type in substantially
2357 the following form shall appear, identifying the proposed or
2358 existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2359 THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
2360 CONTRACT MANAGER). Immediately following this statement, the
2361 location in the disclosure materials of the contract for
2362 management of the cooperative property shall be stated.
2363      (12)  If the developer or any other person or persons other
2364 than the unit owners has the right to retain control of the
2365 board of administration of the association for a period of time
2366 which can exceed 1 year after the closing of the sale of a
2367 majority of the units in that cooperative to persons other than
2368 successors or alternate developers, then a statement in
2369 conspicuous type in substantially the following form shall be
2370 included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2371 RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2372 HAVE BEEN SOLD. Immediately following this statement, the
2373 location in the disclosure materials where this right to control
2374 is described in detail shall be stated.
2375      (13)  If there are any restrictions upon the sale,
2376 transfer, conveyance, or leasing of a unit, then a statement in
2377 conspicuous type in substantially the following form shall be
2378 included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2379 CONTROLLED. Immediately following this statement, the location
2380 in the disclosure materials where the restriction, limitation,
2381 or control on the sale, lease, or transfer of units is described
2382 in detail shall be stated.
2383      (14)  If the cooperative is part of a phase project, the
2384 following shall be stated:
2385      (a)  A statement in conspicuous type in substantially the
2386 following form shall be included: THIS IS A PHASE COOPERATIVE.
2387 ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
2388 Immediately following this statement, the location in the
2389 disclosure materials where the phasing is described shall be
2390 stated.
2391      (b)  A summary of the provisions of the declaration
2392 providing for the phasing.
2393      (c)  A statement as to whether or not residential buildings
2394 and units which are added to the cooperative may be
2395 substantially different from the residential buildings and units
2396 originally in the cooperative, and, if the added residential
2397 buildings and units may be substantially different, there shall
2398 be a general description of the extent to which such added
2399 residential buildings and units may differ, and a statement in
2400 conspicuous type in substantially the following form shall be
2401 included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
2402 MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2403 UNITS IN THE COOPERATIVE. Immediately following this statement,
2404 the location in the disclosure materials where the extent to
2405 which added residential buildings and units may substantially
2406 differ is described shall be stated.
2407      (d)  A statement of the maximum number of buildings
2408 containing units, the maximum and minimum number of units in
2409 each building, the maximum number of units, and the minimum and
2410 maximum square footage of the units that may be contained within
2411 each parcel of land which may be added to the cooperative.
2412      (15)  If the cooperative is created by conversion of
2413 existing improvements, the following information shall be
2414 stated:
2415      (a)  The information required by s. 719.616.
2416      (b)  A caveat that there are no express warranties unless
2417 they are stated in writing by the developer.
2418      (16)  A summary of the restrictions, if any, to be imposed
2419 on units concerning the use of any of the cooperative property,
2420 including statements as to whether there are restrictions upon
2421 children and pets, and reference to the volumes and pages of the
2422 cooperative documents where such restrictions are found, or if
2423 such restrictions are contained elsewhere, then a copy of the
2424 documents containing the restrictions shall be attached as an
2425 exhibit.
2426      (17)  If there is any land that is offered by the developer
2427 for use by the unit owners and that is neither owned by them nor
2428 leased to them, the association, or any entity controlled by
2429 unit owners and other persons having the use rights to such
2430 land, a statement shall be made as to how such land will serve
2431 the cooperative. If any part of such land will serve the
2432 cooperative, the statement shall describe the land and the
2433 nature and term of service, and the cooperative documents or
2434 other instrument creating such servitude shall be included as an
2435 exhibit.
2436      (18)  The manner in which utility and other services,
2437 including, but not limited to, sewage and waste disposal, water
2438 supply, and storm drainage, will be provided and the person or
2439 entity furnishing them.
2440      (19)  An explanation of the manner in which the
2441 apportionment of common expenses and ownership of the common
2442 areas have been determined.
2443      (20)  An estimated operating budget for the cooperative and
2444 the association, and a schedule of the unit owner's expenses
2445 shall be attached as an exhibit and shall contain the following
2446 information:
2447      (a)  The estimated monthly and annual expenses of the
2448 cooperative and the association that are collected from unit
2449 owners by assessments.
2450      (b)  The estimated monthly and annual expenses of each unit
2451 owner for a unit, other than assessments payable to the
2452 association, payable by the unit owner to persons or entities
2453 other than the association, and the total estimated monthly and
2454 annual expense. There may be excluded from this estimate
2455 expenses that are personal to unit owners, which are not
2456 uniformly incurred by all unit owners, or which are not provided
2457 for or contemplated by the cooperative documents, including, but
2458 not limited to, the costs of private telephone; maintenance of
2459 the interior of cooperative units, which is not the obligation
2460 of the association; maid or janitorial services privately
2461 contracted for by the unit owners; utility bills billed directly
2462 to each unit owner for utility services to his or her unit;
2463 insurance premiums other than those incurred for policies
2464 obtained by the cooperative; and similar personal expenses of
2465 the unit owner. A unit owner's estimated payments for
2466 assessments shall also be stated in the estimated amounts for
2467 the times when they will be due.
2468      (c)  The estimated items of expenses of the cooperative and
2469 the association, except as excluded under paragraph (b),
2470 including, but not limited to, the following items, which shall
2471 be stated either as an association expense collectible by
2472 assessments or as unit owners' expenses payable to persons other
2473 than the association:
2474      1.  Expenses for the association and cooperative:
2475      a.  Administration of the association.
2476      b.  Management fees.
2477      c.  Maintenance.
2478      d.  Rent for recreational and other commonly used areas.
2479      e.  Taxes upon association property.
2480      f.  Taxes upon leased areas.
2481      g.  Insurance.
2482      h.  Security provisions.
2483      i.  Other expenses.
2484      j.  Operating capital.
2485      k.  Reserves.
2486      l.  Fee payable to the division.
2487      2.  Expenses for a unit owner:
2488      a.  Rent for the unit, if subject to a lease.
2489      b.  Rent payable by the unit owner directly to the lessor
2490 or agent under any recreational lease or lease for the use of
2491 commonly used areas, which use and payment are a mandatory
2492 condition of ownership and are not included in the common
2493 expense or assessments for common maintenance paid by the unit
2494 owners to the association.
2495      (d)  The estimated amounts shall be stated for a period of
2496 at least 12 months and may distinguish between the period prior
2497 to the time unit owners other than the developer elect a
2498 majority of the board of administration and the period after
2499 that date.
2500      (21)  A schedule of estimated closing expenses to be paid
2501 by a buyer or lessee of a unit and a statement of whether title
2502 opinion or title insurance policy is available to the buyer and,
2503 if so, at whose expense.
2504      (22)  The identity of the developer and the chief operating
2505 officer or principal directing the creation and sale of the
2506 cooperative and a statement of its and his or her experience in
2507 this field.
2508      (23)  Copies of the following, to the extent they are
2509 applicable, shall be included as exhibits:
2510      (a)  The cooperative documents, or the proposed cooperative
2511 documents if the documents have not been recorded.
2512      (b)  The articles of incorporation creating the
2513 association.
2514      (c)  The bylaws of the association.
2515      (d)  The ground lease or other underlying lease of the
2516 cooperative.
2517      (e)  The management agreement and all maintenance and other
2518 contracts for management of the association and operation of the
2519 cooperative and facilities used by the unit owners having a
2520 service term in excess of 1 year.
2521      (f)  The estimated operating budget for the cooperative and
2522 the required schedule of unit owners' expenses.
2523      (g)  A copy of the floor plan of the unit and the plot plan
2524 showing the location of the residential buildings and the
2525 recreation and other common areas.
2526      (h)  The lease of recreational and other facilities that
2527 will be used only by unit owners of the subject cooperative.
2528      (i)  The lease of facilities used by owners and others.
2529      (j)  The form of unit lease, if the offer is of a
2530 leasehold.
2531      (k)  A declaration of servitude of properties serving the
2532 cooperative but not owned by unit owners or leased to them or
2533 the association.
2534      (l)  The statement of condition of the existing building or
2535 buildings, if the offering is of units in an operation being
2536 converted to cooperative ownership.
2537      (m)  The statement of inspection for termite damage and
2538 treatment of the existing improvements, if the cooperative is a
2539 conversion.
2540      (n)  The form of agreement for sale or lease of units.
2541      (o)  A copy of the agreement for escrow of payments made to
2542 the developer prior to closing.
2543      (p)  A copy of the documents containing any restrictions on
2544 use of the property required by subsection (16).
2545      (24)  Any prospectus or offering circular complying with
2546 the provisions of former ss. 711.69 and 711.802 may continue to
2547 be used without amendment, or may be amended to comply with the
2548 provisions of this chapter.
2549      (25)  A brief narrative description of the location and
2550 effect of all existing and intended easements located or to be
2551 located on the cooperative property other than those in the
2552 declaration.
2553      (26)  If the developer is required by state or local
2554 authorities to obtain acceptance or approval of any dock or
2555 marina facility intended to serve the cooperative, a copy of
2556 such acceptance or approval acquired by the time of filing with
2557 the division pursuant to s. 719.502 or a statement that such
2558 acceptance has not been acquired or received.
2559      (27)  Evidence demonstrating that the developer has an
2560 ownership, leasehold, or contractual interest in the land upon
2561 which the cooperative is to be developed.
2562      Section 43.  Section 719.508, Florida Statutes, is amended
2563 to read:
2564      719.508  Regulation by Division of Hotels and
2565 Restaurants.--In addition to the authority, regulation, or
2566 control exercised by the Division of Florida Land Sales,
2567 Condominiums, Homeowners' Associations, Community Association
2568 Management, and Mobile Homes pursuant to this act with respect
2569 to cooperatives, buildings included in a cooperative property
2570 shall be subject to the authority, regulation, or control of the
2571 Division of Hotels and Restaurants of the Department of Business
2572 and Professional Regulation, to the extent provided for in
2573 chapters 399 and 509.
2574      Section 44.  Paragraph (a) of subsection (2) of section
2575 719.608, Florida Statutes, is amended to read:
2576      719.608  Notice of intended conversion; time of delivery;
2577 content.--
2578      (2)(a)  Each notice of intended conversion shall be dated
2579 and in writing. The notice shall contain the following
2580 statement, with the phrases of the following statement which
2581 appear in upper case printed in conspicuous type:
2582
2583      These apartments are being converted to cooperative by  
2584 (name of developer)  , the developer.
2585      1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2586 YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2587 AGREEMENT AS FOLLOWS:
2588      a.  If you have continuously been a resident of these
2589 apartments during the last 180 days and your rental agreement
2590 expires during the next 270 days, you may extend your rental
2591 agreement for up to 270 days after the date of this notice.
2592      b.  If you have not been a continuous resident of these
2593 apartments for the last 180 days and your rental agreement
2594 expires during the next 180 days, you may extend your rental
2595 agreement for up to 180 days after the date of this notice.
2596      c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2597 MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2598 DATE OF THIS NOTICE.
2599      2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2600 you may extend your rental agreement for up to 45 days after the
2601 date of this notice while you decide whether to extend your
2602 rental agreement as explained above. To do so, you must notify
2603 the developer in writing. You will then have the full 45 days to
2604 decide whether to extend your rental agreement as explained
2605 above.
2606      3.  During the extension of your rental agreement you will
2607 be charged the same rent that you are now paying.
2608      4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2609 OF THE RENTAL AGREEMENT AS FOLLOWS:
2610      a.  If your rental agreement began or was extended or
2611 renewed after May 1, 1980, and your rental agreement, including
2612 extensions and renewals, has an unexpired term of 180 days or
2613 less, you may cancel your rental agreement upon 30 days' written
2614 notice and move. Also, upon 30 days' written notice, you may
2615 cancel any extension of the rental agreement.
2616      b.  If your rental agreement was not begun or was not
2617 extended or renewed after May 1, 1980, you may not cancel the
2618 rental agreement without the consent of the developer. If your
2619 rental agreement, including extensions and renewals, has an
2620 unexpired term of 180 days or less, you may, however, upon 30
2621 days' written notice cancel any extension of the rental
2622 agreement.
2623      5.  All notices must be given in writing and sent by mail,
2624 return receipt requested, or delivered in person to the
2625 developer at this address:   (name and address of developer)  .
2626      6.  If you have continuously been a resident of these
2627 apartments during the last 180 days:
2628      a.  You have the right to purchase your apartment and will
2629 have 45 days to decide whether to purchase. If you do not buy
2630 the unit at that price and the unit is later offered at a lower
2631 price, you will have the opportunity to buy the unit at the
2632 lower price. However, in all events your right to purchase the
2633 unit ends when the rental agreement or any extension of the
2634 rental agreement ends or when you waive this right in writing.
2635      b.  Within 90 days you will be provided purchase
2636 information relating to your apartment, including the price of
2637 your unit and the condition of the building. If you do not
2638 receive this information within 90 days, your rental agreement
2639 and any extension will be extended 1 day for each day over 90
2640 days until you are given the purchase information. If you do not
2641 want this rental agreement extension, you must notify the
2642 developer in writing.
2643      7.  If you have any questions regarding this conversion or
2644 the Cooperative Act, you may contact the developer or the state
2645 agency which regulates cooperatives: The Division of Florida
2646 Land Sales, Condominiums, Homeowners' Associations, Community
2647 Association Management, and Mobile Homes,   (Tallahassee address
2648 and telephone number of division).
2649      Section 45.  Subsection (7) of section 720.301, Florida
2650 Statutes, is amended to read:
2651      720.301  Definitions.--As used in this chapter, the term:
2652      (7)  "Division" means the Division of Florida Land Sales,
2653 Condominiums, Homeowners' Associations, Community Association
2654 Management, and Mobile Homes in the Department of Business and
2655 Professional Regulation.
2656      Section 46.  Subsection (11) of section 721.05, Florida
2657 Statutes, is amended to read:
2658      721.05  Definitions.--As used in this chapter, the term:
2659      (11)  "Division" means the Division of Florida Land Sales,
2660 Condominiums, Homeowners' Associations, Community Association
2661 Management, and Mobile Homes of the Department of Business and
2662 Professional Regulation.
2663      Section 47.  Paragraph (d) of subsection (2) of section
2664 721.07, Florida Statutes, is amended to read:
2665      721.07  Public offering statement.--Prior to offering any
2666 timeshare plan, the developer must submit a filed public
2667 offering statement to the division for approval as prescribed by
2668 s. 721.03, s. 721.55, or this section. Until the division
2669 approves such filing, any contract regarding the sale of that
2670 timeshare plan is subject to cancellation by the purchaser
2671 pursuant to s. 721.10.
2672      (2)
2673      (d)  A developer shall have the authority to deliver to
2674 purchasers any purchaser public offering statement that is not
2675 yet approved by the division, provided that the following shall
2676 apply:
2677      1.  At the time the developer delivers an unapproved
2678 purchaser public offering statement to a purchaser pursuant to
2679 this paragraph, the developer shall deliver a fully completed
2680 and executed copy of the purchase contract required by s. 721.06
2681 that contains the following statement in conspicuous type in
2682 substantially the following form which shall replace the
2683 statements required by s. 721.06(1)(g):
2684
2685 The developer is delivering to you a public offering statement
2686 that has been filed with but not yet approved by the Division of
2687 Florida Land Sales, Condominiums, Homeowners' Associations,
2688 Community Association Management, and Mobile Homes. Any
2689 revisions to the unapproved public offering statement you have
2690 received must be delivered to you, but only if the revisions
2691 materially alter or modify the offering in a manner adverse to
2692 you. After the division approves the public offering statement,
2693 you will receive notice of the approval from the developer and
2694 the required revisions, if any.
2695
2696 Your statutory right to cancel this transaction without any
2697 penalty or obligation expires 10 calendar days after the date
2698 you signed your purchase contract or the date on which you
2699 receive the last of all documents required to be given to you
2700 pursuant to section 721.07(6), Florida Statutes, or 10 calendar
2701 days after you receive revisions required to be delivered to
2702 you, if any, whichever is later. If you decide to cancel this
2703 contract, you must notify the seller in writing of your intent
2704 to cancel. Your notice of cancellation shall be effective upon
2705 the date sent and shall be sent to   (Name of Seller)   at  
2706 (Address of Seller)  . Any attempt to obtain a waiver of your
2707 cancellation right is void and of no effect. While you may
2708 execute all closing documents in advance, the closing, as
2709 evidenced by delivery of the deed or other document, before
2710 expiration of your 10-day cancellation period, is prohibited.
2711
2712      2.  After receipt of approval from the division and prior
2713 to closing, if any revisions made to the documents contained in
2714 the purchaser public offering statement materially alter or
2715 modify the offering in a manner adverse to a purchaser, the
2716 developer shall send the purchaser such revisions together with
2717 a notice containing a statement in conspicuous type in
2718 substantially the following form:
2719
2720 The unapproved public offering statement previously delivered to
2721 you, together with the enclosed revisions, has been approved by
2722 the Division of Florida Land Sales, Condominiums, Homeowners'
2723 Associations, Community Association Management, and Mobile
2724 Homes. Accordingly, your cancellation right expires 10 calendar
2725 days after you sign your purchase contract or 10 calendar days
2726 after you receive these revisions, whichever is later. If you
2727 have any questions regarding your cancellation rights, you may
2728 contact the division at [insert division's current address].
2729
2730      3.  After receipt of approval from the division and prior
2731 to closing, if no revisions have been made to the documents
2732 contained in the unapproved purchaser public offering statement,
2733 or if such revisions do not materially alter or modify the
2734 offering in a manner adverse to a purchaser, the developer shall
2735 send the purchaser a notice containing a statement in
2736 conspicuous type in substantially the following form:
2737
2738 The unapproved public offering statement previously delivered to
2739 you has been approved by the Division of Florida Land Sales,
2740 Condominiums, Homeowners' Associations, Community Association
2741 Management, and Mobile Homes. Revisions made to the unapproved
2742 public offering statement, if any, are either not required to be
2743 delivered to you or are not deemed by the developer, in its
2744 opinion, to materially alter or modify the offering in a manner
2745 that is adverse to you. Accordingly, your cancellation right
2746 expired 10 days after you signed your purchase contract. A
2747 complete copy of the approved public offering statement is
2748 available through the managing entity for inspection as part of
2749 the books and records of the plan. If you have any questions
2750 regarding your cancellation rights, you may contact the division
2751 at [insert division's current address].
2752      Section 48.  Subsection (8) of section 721.08, Florida
2753 Statutes, is amended to read:
2754      721.08  Escrow accounts; nondisturbance instruments;
2755 alternate security arrangements; transfer of legal title.--
2756      (8)  An escrow agent holding escrowed funds pursuant to
2757 this chapter that have not been claimed for a period of 5 years
2758 after the date of deposit shall make at least one reasonable
2759 attempt to deliver such unclaimed funds to the purchaser who
2760 submitted such funds to escrow. In making such attempt, an
2761 escrow agent is entitled to rely on a purchaser's last known
2762 address as set forth in the books and records of the escrow
2763 agent and is not required to conduct any further search for the
2764 purchaser. If an escrow agent's attempt to deliver unclaimed
2765 funds to any purchaser is unsuccessful, the escrow agent may
2766 deliver such unclaimed funds to the division and the division
2767 shall deposit such unclaimed funds in the Division of Florida
2768 Land Sales, Condominiums, Homeowners' Associations, Community
2769 Association Management, and Mobile Homes Trust Fund, 30 days
2770 after giving notice in a publication of general circulation in
2771 the county in which the timeshare property containing the
2772 purchaser's timeshare interest is located. The purchaser may
2773 claim the same at any time prior to the delivery of such funds
2774 to the division. After delivery of such funds to the division,
2775 the purchaser shall have no more rights to the unclaimed funds.
2776 The escrow agent shall not be liable for any claims from any
2777 party arising out of the escrow agent's delivery of the
2778 unclaimed funds to the division pursuant to this section.
2779      Section 49.  Paragraph (e) of subsection (5) of section
2780 721.26, Florida Statutes, is amended to read:
2781      721.26  Regulation by division.--The division has the power
2782 to enforce and ensure compliance with the provisions of this
2783 chapter, except for parts III and IV, using the powers provided
2784 in this chapter, as well as the powers prescribed in chapters
2785 498, 718, and 719. In performing its duties, the division shall
2786 have the following powers and duties:
2787      (5)  Notwithstanding any remedies available to purchasers,
2788 if the division has reasonable cause to believe that a violation
2789 of this chapter, or of any division rule or order promulgated or
2790 issued pursuant to this chapter, has occurred, the division may
2791 institute enforcement proceedings in its own name against any
2792 regulated party, as such term is defined in this subsection:
2793      (e)1.  The division may impose a penalty against any
2794 regulated party for a violation of this chapter or any rule
2795 adopted thereunder. A penalty may be imposed on the basis of
2796 each day of continuing violation, but in no event may the
2797 penalty for any offense exceed $10,000. All accounts collected
2798 shall be deposited with the Chief Financial Officer to the
2799 credit of the Division of Florida Land Sales, Condominiums,
2800 Homeowners' Associations, Community Association Management, and
2801 Mobile Homes Trust Fund.
2802      2.a.  If a regulated party fails to pay a penalty, the
2803 division shall thereupon issue an order directing that such
2804 regulated party cease and desist from further operation until
2805 such time as the penalty is paid; or the division may pursue
2806 enforcement of the penalty in a court of competent jurisdiction.
2807      b.  If an owners' association or managing entity fails to
2808 pay a civil penalty, the division may pursue enforcement in a
2809 court of competent jurisdiction.
2810      Section 50.  Section 721.28, Florida Statutes, is amended
2811 to read:
2812      721.28  Division of Florida Land Sales, Condominiums,
2813 Homeowners' Associations, Community Association Management, and
2814 Mobile Homes Trust Fund.--All funds collected by the division
2815 and any amounts paid as fees or penalties under this chapter
2816 shall be deposited in the State Treasury to the credit of the
2817 Division of Florida Land Sales, Condominiums, Homeowners'
2818 Associations, Community Association Management, and Mobile Homes
2819 Trust Fund created by s. 498.019.
2820      Section 51.  Paragraph (c) of subsection (1) of section
2821 721.301, Florida Statutes, is amended to read:
2822      721.301  Florida Timesharing, Vacation Club, and
2823 Hospitality Program.--
2824      (1)
2825      (c)  The director may designate funds from the Division of
2826 Florida Land Sales, Condominiums, Homeowners' Associations,
2827 Community Association Management, and Mobile Homes Trust Fund,
2828 not to exceed $50,000 annually, to support the projects and
2829 proposals undertaken pursuant to paragraph (b). All state trust
2830 funds to be expended pursuant to this section must be matched
2831 equally with private moneys and shall comprise no more than half
2832 of the total moneys expended annually.
2833      Section 52.  Section 721.50, Florida Statutes, is amended
2834 to read:
2835      721.50  Short title.--This part may be cited as the
2836 "McAllister Act" in recognition and appreciation for the years
2837 of extraordinary and insightful contributions by Mr. Bryan C.
2838 McAllister, Examinations Supervisor, Division of Florida Land
2839 Sales, Condominiums, Homeowners' Associations, Community
2840 Association Management, and Mobile Homes.
2841      Section 53.  Subsection (1) of section 723.003, Florida
2842 Statutes, is amended to read:
2843      723.003  Definitions.--As used in this chapter, the
2844 following words and terms have the following meanings unless
2845 clearly indicated otherwise:
2846      (1)  The term "division" means the Division of Florida Land
2847 Sales, Condominiums, Homeowners' Associations, Community
2848 Association Management, and Mobile Homes of the Department of
2849 Business and Professional Regulation.
2850      Section 54.  Paragraph (e) of subsection (5) of section
2851 723.006, Florida Statutes, is amended to read:
2852      723.006  Powers and duties of division.--In performing its
2853 duties, the division has the following powers and duties:
2854      (5)  Notwithstanding any remedies available to mobile home
2855 owners, mobile home park owners, and homeowners' associations,
2856 if the division has reasonable cause to believe that a violation
2857 of any provision of this chapter or any rule promulgated
2858 pursuant hereto has occurred, the division may institute
2859 enforcement proceedings in its own name against a developer,
2860 mobile home park owner, or homeowners' association, or its
2861 assignee or agent, as follows:
2862      (e)1.  The division may impose a civil penalty against a
2863 mobile home park owner or homeowners' association, or its
2864 assignee or agent, for any violation of this chapter, a properly
2865 promulgated park rule or regulation, or a rule or regulation
2866 promulgated pursuant hereto. A penalty may be imposed on the
2867 basis of each separate violation and, if the violation is a
2868 continuing one, for each day of continuing violation, but in no
2869 event may the penalty for each separate violation or for each
2870 day of continuing violation exceed $5,000. All amounts collected
2871 shall be deposited with the Chief Financial Officer to the
2872 credit of the Division of Florida Land Sales, Condominiums,
2873 Homeowners' Associations, Community Association Management, and
2874 Mobile Homes Trust Fund.
2875      2.  If a violator fails to pay the civil penalty, the
2876 division shall thereupon issue an order directing that such
2877 violator cease and desist from further violation until such time
2878 as the civil penalty is paid or may pursue enforcement of the
2879 penalty in a court of competent jurisdiction. If a homeowners'
2880 association fails to pay the civil penalty, the division shall
2881 thereupon pursue enforcement in a court of competent
2882 jurisdiction, and the order imposing the civil penalty or the
2883 cease and desist order shall not become effective until 20 days
2884 after the date of such order. Any action commenced by the
2885 division shall be brought in the county in which the division
2886 has its executive offices or in which the violation occurred.
2887      Section 55.  Section 723.009, Florida Statutes, is amended
2888 to read:
2889      723.009  Division of Florida Land Sales, Condominiums,
2890 Homeowners' Associations, Community Association Management, and
2891 Mobile Homes Trust Fund.--All proceeds from the fees, penalties,
2892 and fines imposed pursuant to this chapter shall be deposited
2893 into the Division of Florida Land Sales, Condominiums,
2894 Homeowners' Associations, Community Association Management, and
2895 Mobile Homes Trust Fund created by s. 498.019. Moneys in this
2896 fund, as appropriated by the Legislature pursuant to chapter
2897 216, may be used to defray the expenses incurred by the division
2898 in administering the provisions of this chapter.
2899      Section 56.  Paragraph (c) of subsection (2) of section
2900 723.0611, Florida Statutes, is amended to read:
2901      723.0611  Florida Mobile Home Relocation Corporation.--
2902      (2)
2903      (c)  There shall be no liability on the part of, and no
2904 cause of action of any nature shall arise against, agents or
2905 employees of the corporation, members of the board of directors
2906 of the corporation, or representatives of the Division of
2907 Florida Land Sales, Condominiums, Homeowners' Associations,
2908 Community Association Management, and Mobile Homes for any act
2909 or omission of the board of directors in the performance of
2910 their powers and duties under this section, unless such act or
2911 omission by such person is in intentional disregard of the
2912 rights of the claimant.
2913      Section 57.  This act shall take effect July 1, 2005.

 

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