| 6016 |
Section 71. Subsection
(1) of section 723.003, Florida |
| 6017 |
Statutes, is amended to read: |
| 6018 |
723.003 Definitions.--As
used in this chapter, the |
| 6019 |
following words and terms have the following
meanings unless |
| 6020 |
clearly indicated otherwise: |
| 6021 |
(1) The
term "division" means the Division of Florida Land |
| 6022 |
Sales, Condominiums, Homeowners'
Associations, and Mobile Homes |
| 6023 |
of the Department of Business and Professional
Regulation. |
| 6024 |
Section 72. Paragraph
(e) of subsection (5) of section |
| 6025 |
723.006, Florida Statutes, is amended to read: |
| 6026 |
723.006 Powers
and duties of division.--In performing its |
| 6027 |
duties, the division has the following powers and
duties: |
| 6028 |
(5) Notwithstanding
any remedies available to mobile home |
| 6029 |
owners, mobile home park owners, and homeowners'
associations, |
| 6030 |
if the division has reasonable cause to believe
that a violation |
| 6031 |
of any provision of this chapter or any rule
promulgated |
| 6032 |
pursuant hereto has occurred, the division may
institute |
| 6033 |
enforcement proceedings in its own name against a
developer, |
| 6034 |
mobile home park owner, or homeowners'
association, or its |
| 6035 |
assignee or agent, as follows: |
| 6036 |
(e)1. The
division may impose a civil penalty against a |
| 6037 |
mobile home park owner or homeowners'
association, or its |
| 6038 |
assignee or agent, for any violation of this
chapter, a properly |
| 6039 |
promulgated park rule or regulation, or a rule or
regulation |
| 6040 |
promulgated pursuant hereto. A penalty may be
imposed on the |
| 6041 |
basis of each separate violation and, if the
violation is a |
| 6042 |
continuing one, for each day of continuing
violation, but in no |
| 6043 |
event may the penalty for each separate violation
or for each |
| 6044 |
day of continuing violation exceed $5,000. All
amounts collected |
| 6045 |
shall be deposited with the Chief Financial
Officer to the |
| 6046 |
credit of the Division of Florida Land Sales,
Condominiums, |
| 6047 |
Homeowners'
Associations, and Mobile Homes Trust Fund. |
| 6048 |
2. If a
violator fails to pay the civil penalty, the |
| 6049 |
division shall thereupon issue an order directing
that such |
| 6050 |
violator cease and desist from further violation
until such time |
| 6051 |
as the civil penalty is paid or may pursue
enforcement of the |
| 6052 |
penalty in a court of competent jurisdiction. If
a homeowners' |
| 6053 |
association fails to pay the civil penalty, the
division shall |
| 6054 |
thereupon pursue enforcement in a court of
competent |
| 6055 |
jurisdiction, and the order imposing the civil
penalty or the |
| 6056 |
cease and desist order shall not become effective
until 20 days |
| 6057 |
after the date of such order. Any action
commenced by the |
| 6058 |
division shall be brought in the county in which
the division |
| 6059 |
has its executive offices or in which the
violation occurred. |
| 6060 |
Section 73. Section
723.009, Florida Statutes, is amended |
| 6061 |
to read: |
| 6062 |
723.009 Division
of Florida Land Sales, Condominiums, |
| 6063 |
Homeowners'
Associations, and Mobile Homes Trust Fund.--All |
| 6064 |
proceeds from the fees, penalties, and fines
imposed pursuant to |
| 6065 |
this chapter shall be deposited into the Division
of Florida |
| 6066 |
Land Sales, Condominiums, Homeowners'
Associations, and Mobile |
| 6067 |
Homes Trust Fund created by s. 498.019. Moneys in
this fund, as |
| 6068 |
appropriated by the Legislature pursuant to
chapter 216, may be |
| 6069 |
used to defray the expenses incurred by the
division in |
| 6070 |
administering the provisions of this chapter. |
| 6071 |
Section 74. Paragraph
(c) of subsection (2) of section |
| 6072 |
723.0611, Florida Statutes, is amended to read: |
| 6073 |
723.0611 Florida
Mobile Home Relocation Corporation.-- |
| 6074 |
(2) |
| 6075 |
(c) The
corporation shall, for purposes of s. 768.28, be |
| 6076 |
considered an agency of the state. Agents or
employees of the |
| 6077 |
corporation, members of the board of directors of
the |
| 6078 |
corporation, or representatives of the Division
of Florida Land |
| 6079 |
Sales, Condominiums, Homeowners' Associations,
and Mobile Homes |
| 6080 |
shall be considered officers, employees, or
agents of the state, |
| 6081 |
and actions against them and the corporation
shall be governed |
| 6082 |
by s. 768.28. |