Senate Bill 2816: 

Relating to Community Associations

S2816    GENERAL BILL by Villalobos ( H 1373, Compare CS/H 0433,
CS/S 0902)
Community Associations [EPCC]; provides disclosure requirements for certain contracts for initial sale of parcel of real property & each contract for initial sale of residential unit; requires notice of proposed amendments to be provided to unit owners; authorizes board to install hurricane protection that complies with applicable building
code; revises powers & duties of homeowners' associations, etc. Amends FS. EFFECTIVE DATE: 07/01/2007.
03/05/07 SENATE Filed
03/20/07 SENATE Introduced, referred to Regulated Industries; Community
                  Affairs; Judiciary; General Government Appropriations
                  -SJ 00196
04/11/07 SENATE On Committee agenda-- Regulated Industries, 04/16/07, 1:30
                  pm, 110-S


SB 2816 --COMMUNITY DEVELOPMENT DISTRICTS

359      Section 3.  Subsection (2) of section 190.009, Florida
360 Statutes, is amended to read:
361      190.009  Disclosure of public financing.--
362      (2)  The Division of Florida Land Sales, Condominiums,
363 Homeowners' Associations, and Mobile Homes of the Department of
364 Business and Professional Regulation shall ensure that
365 disclosures made by developers pursuant to chapter 498 meet the
366 requirements of subsection (1).
367      Section 4.  Section 190.048, Florida Statutes, is amended
368 to read:
369      190.048  Sale of real estate within a district; required
370 disclosure to purchaser.--
371      (1)(a)  Subsequent to the establishment of a district under
372 this chapter, each contract for the initial sale of a parcel of
373 real property and each contract for the initial sale of a
374 residential unit within the district shall include as a separate
375 addendum to the contract, immediately prior to the space
376 reserved in the contract for the signature of the purchaser, the
377 following disclosure statement in boldfaced and conspicuous type
378 which is larger than the type in the remaining text of the
379 contract: "THE   (Name of District)   COMMUNITY DEVELOPMENT
380 DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES
381 AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS
382 PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
383 CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE
384 SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES
385 AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
386 GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
387 ASSESSMENTS PROVIDED FOR BY LAW."
388      (b)  The disclosure statement in paragraph (a) shall also
389 fully disclose all covenants and restrictions to which the
390 property is subject. This addendum shall disclose any existing
391 agreement between a developer and other party that obligates the
392 purchaser of the unit to additional taxes, assessments, or fees
393 within 10 years following the sale of the unit. Such disclosure
394 shall provide a reasonable estimate of the first 3 years for
395 each tax, assessment, or fee. Such disclosure shall be provided
396 to the purchaser within 10 days after the execution of the sales
397 contract; otherwise, the contract may be voided at the election
398 of the purchaser and any deposits shall be returned in full.
399 However, such disclosure may be provided to the purchaser later
400 than 10 days after the execution of the sales contract if the
401 closing date has been extended by an additional 10 days.
402      (2)(a)  Failure to provide the disclosure statement as
403 required in subsection (1) within 10 days shall constitute a
404 rebuttable presumption of willful noncompliance with subsection
405 (1) and shall result in a fine of $2,500 for each violation, up
406 to a maximum of $10,000, payable to the prospective buyer, and
407 shall include reasonable attorney's fees and collection costs,
408 due 30 days after the execution or voiding of the sales
409 contract.
410      (b)  The developer and sales agent shall submit an annual
411 report to the Department of Community Affairs that certifies
412 compliance with this section and payment of any related fines
413 and criminal penalties for such noncompliance as may be passed
414 by the Legislature. Failure by the developer or sales agent to
415 provide an annual report shall result in a $50,000 fine payable
416 to the department.
417      Section 5.  Section 190.0485, Florida Statutes, is amended
418 to read:
419      190.0485  Notice of establishment.--Within 30 days after
420 the effective date of a rule or ordinance establishing a
421 community development district under this act, the district
422 shall cause to be recorded in the property records in the county
423 in which it is located a "Notice of Establishment of the
424 __________ Community Development District." The notice shall, at
425 a minimum, include the legal description of the district and a
426 copy of the disclosure statement specified in s. 190.048(1)(a).

CODING: Words stricken are deleted; words underlined are additions

   

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