| 1 |
A bill to be entitled |
| 2 |
An act relating to community
associations; amending s. |
| 3 |
190.048, F.S.; providing disclosure
requirements for |
| 4 |
certain contracts for the initial sale
of a parcel of real |
| 5 |
property and each contract for the
initial sale of a |
| 6 |
residential unit; amending s. 718.104,
F.S.; revising |
| 7 |
required contents of a condominium
declaration; amending |
| 8 |
s. 718.110, F.S.; requiring notice of
proposed amendments |
| 9 |
to be provided to unit owners;
amending s. 718.111, F.S.; |
| 10 |
providing requirements for condominium
associations to |
| 11 |
access units for specified purposes;
requiring official |
| 12 |
records of the association to be made
available at certain |
| 13 |
locations; providing that certain
records shall not be |
| 14 |
accessible to unit owners; removing
the requirement that |
| 15 |
the association's annual financial
report be provided only |
| 16 |
to unit owners providing a written
request for the report; |
| 17 |
restricting a condominium association
from waiving a |
| 18 |
financial report for more than 2
years; providing duties |
| 19 |
for condominium boards of
administration in the event of |
| 20 |
certain casualties; providing that
certain assessments may |
| 21 |
be made against unit owners under
certain conditions; |
| 22 |
amending s. 718.112, F.S.; authorizing
the board or |
| 23 |
membership to determine the
composition of the board of |
| 24 |
administration under certain
circumstances; requiring |
| 25 |
members of the board of administration
to be unit owners, |
| 26 |
absent provisions indicating board
member requirements; |
| 27 |
requiring the board to respond to
certain inquiries by |
| 28 |
certified mail, return receipt
requested; removing a |
| 29 |
provision allowing a condominium
association to only |
| 30 |
respond once every 30 days to unit
owner inquiries; |
| 31 |
providing board of administration and
unit owners' meeting |
| 32 |
requirements; providing that no action
shall be taken or |
| 33 |
resolution made without an open
meeting of the board; |
| 34 |
requiring the board to address agenda
items proposed by a |
| 35 |
petition of 20 percent of the unit
owners; revising notice |
| 36 |
procedures; revising the terms of
office and reelection of |
| 37 |
the members of a condominium
association board; providing |
| 38 |
that certain persons providing notice
of a meeting must |
| 39 |
provide an affidavit affirming that
the notices were |
| 40 |
delivered; authorizing the
association's representative to |
| 41 |
provide certain notices; removing a
provision allowing an |
| 42 |
association to print or duplicate
certain information |
| 43 |
sheets on both sides of the paper;
providing for the |
| 44 |
securing of ballots; revising
procedures relating to the |
| 45 |
filling of a vacancy on the board;
removing a provision |
| 46 |
allowing an association to provide for
different voting |
| 47 |
and election procedures in its bylaws;
providing unit |
| 48 |
owners with the right to have items
placed on the agenda |
| 49 |
of the annual meeting and voted upon
under certain |
| 50 |
conditions; requiring the association
to prepare an annual |
| 51 |
budget of estimated revenues and
expenses; requiring the |
| 52 |
budget to include reserve accounts for
certain purposes; |
| 53 |
requiring certain ballot statements to
contain certain |
| 54 |
statements; requiring a vote to
provide for no reserves or |
| 55 |
percentage of reserves to be made at
certain times; |
| 56 |
authorizing the association to use
reserve funds for |
| 57 |
nonscheduled purposes under certain
conditions; |
| 58 |
prohibiting the board from applying
for or accepting |
| 59 |
certain loans or lines of credit;
requiring common |
| 60 |
expenses to be paid by the developer
during a specified |
| 61 |
time; requiring that assessments be
made against units on |
| 62 |
a quarter-annual or more frequent
basis; providing that |
| 63 |
certain provisions shall not preclude
the right of an |
| 64 |
association to accelerate assessments
of certain owners |
| 65 |
delinquent in payment of common
expenses; providing that |
| 66 |
accelerated assessments shall be due
and payable after the |
| 67 |
claim of lien is filed; revising
assessment requirements; |
| 68 |
revising procedures relating to the
recall of a board |
| 69 |
member; deleting the requirement that
the bylaws include |
| 70 |
an element for mandatory nonbinding
arbitration; amending |
| 71 |
s. 718.113, F.S.; requiring boards of
administration to |
| 72 |
adopt or restate hurricane shutter
specifications yearly |
| 73 |
at the annual meeting; authorizing the
board to install |
| 74 |
hurricane protection that complies
with the applicable |
| 75 |
building code; requiring the board to
have the condominium |
| 76 |
buildings periodically inspected for
structural and |
| 77 |
electrical soundness by a professional
engineer or |
| 78 |
professional architect registered in
the state; requiring |
| 79 |
the inspector to provide a report to
the association; |
| 80 |
prohibiting the board from impairing
certain |
| 81 |
constitutional rights of unit owners;
prohibiting the |
| 82 |
board from prohibiting the display of
certain religiously |
| 83 |
mandated objects on the front-door
area of a unit; |
| 84 |
amending s. 718.115, F.S.; providing
that a bulk contract |
| 85 |
for basic service may be deemed a
common expense; creating |
| 86 |
s. 718.1123, F.S.; requiring any
complaint of abuse filed |
| 87 |
with the Division of Florida Land
Sales, Condominiums, |
| 88 |
Homeowners' Associations, and Mobile
Homes to be |
| 89 |
immediately investigated by the
division; requiring the |
| 90 |
division to institute enforcement
proceedings under |
| 91 |
certain circumstances; defining the
term "abuse"; creating |
| 92 |
s. 718.1224, F.S.; prohibiting certain
lawsuits arising |
| 93 |
from unit owners' appearances and
presentations before a |
| 94 |
governmental entity; providing a
definition; providing for |
| 95 |
award of damages and attorney's fees;
amending s. |
| 96 |
718.1255, F.S.; requiring the division
to promptly refer |
| 97 |
certain cases to mediation; amending
s. 718.302, F.S.; |
| 98 |
conforming provisions; amending s.
718.3025, F.S.; |
| 99 |
providing requirements for certain
contracts between a |
| 100 |
party contracting to provide
maintenance or management |
| 101 |
services and an association; amending
s. 718.3026, F.S.; |
| 102 |
providing that certain contracts
between a service |
| 103 |
provider and an association shall not
be for a term in |
| 104 |
excess of 3 years and shall not
contain an automatic |
| 105 |
renewal clause; requiring that certain
contracts for |
| 106 |
construction have approval from an
attorney hired by the |
| 107 |
association; amending s. 718.303, F.S.;
requiring hearings |
| 108 |
to levy fines to be held before a
committee of unit owners |
| 109 |
who are not members of the board;
requiring that persons |
| 110 |
subject to certain actions be notified
of their violations |
| 111 |
in a certain manner; providing a
timeframe in which a |
| 112 |
person must respond; authorizing the
budget to include |
| 113 |
reserve accounts for capital
expenditures and deferred |
| 114 |
maintenance; providing a formula for
calculating the |
| 115 |
amount to be reserved; authorizing the
association to |
| 116 |
adjust replacement reserve assessments
annually; |
| 117 |
authorizing the developer to vote to
waive the reserves or |
| 118 |
reduce the funding of reserves for a
certain period; |
| 119 |
revising provisions relating to
financial reporting; |
| 120 |
revising time periods in which the
association must |
| 121 |
complete its reporting; amending s.
718.501, F.S.; |
| 122 |
requiring the division to prepare and
disseminate a |
| 123 |
prospectus and other information for
use by owners, |
| 124 |
purchasers, lessees, and developers of
residential |
| 125 |
condominiums; providing that the board
member training |
| 126 |
provided by the division shall be
provided in conjunction |
| 127 |
with recommendations by the ombudsman;
providing powers |
| 128 |
and duties of the division with
respect to association |
| 129 |
violations; requiring associations to
provide certain |
| 130 |
notice and to participate in certain
educational training; |
| 131 |
providing a fine for failure to
comply; requiring certain |
| 132 |
fees deposited by the division to be
allocated and |
| 133 |
transferred to the Office of the
Condominium Ombudsman; |
| 134 |
amending s. 718.5011, F.S.;
restricting location of the |
| 135 |
Office of the Condominium Ombudsman;
providing that the |
| 136 |
ombudsman shall exercise his or her
policymaking and other |
| 137 |
functions independently of the
Department of Business and |
| 138 |
Professional Regulation and without
approval or control of |
| 139 |
the department; requiring the
department to render |
| 140 |
administrative support for certain
matters; requiring that |
| 141 |
revenues collected by the department
for the Office of the |
| 142 |
Condominium Ombudsman be deposited in
a separate fund or |
| 143 |
account under specified conditions;
removing provisions |
| 144 |
prohibiting the ombudsman and staff
from engaging in any |
| 145 |
other profession, serving as a
representative or employee |
| 146 |
of any political party, or receiving
remuneration for |
| 147 |
activities on behalf of political
candidates; removing |
| 148 |
provisions prohibiting the ombudsman
and staff from |
| 149 |
seeking public office unless resigned
from the Office of |
| 150 |
the Condominium Ombudsman; amending s.
718.5012, F.S.; |
| 151 |
removing requirements that the
ombudsman develop certain |
| 152 |
policies and procedures; providing
additional powers and |
| 153 |
duties of the ombudsman; providing
that the division shall |
| 154 |
process the ombudsman's
recommendations and petitions in |
| 155 |
an expedited manner and defer to his
or her findings; |
| 156 |
authorizing the ombudsman to order
meetings between |
| 157 |
certain parties; authorizing the
ombudsman to make |
| 158 |
recommendations to the division to
pursue enforcement |
| 159 |
action in circuit court on behalf of a
class of unit |
| 160 |
owners, lessees, or purchasers for
certain purposes; |
| 161 |
authorizing the ombudsman to order
that any aspect of an |
| 162 |
association election be conducted by
an election monitor; |
| 163 |
authorizing the ombudsman to order an
association to |
| 164 |
implement certain remedies;
authorizing the ombudsman to |
| 165 |
order certain persons to cease and
desist from unlawful |
| 166 |
practices; amending s. 718.504, F.S.;
revising and |
| 167 |
providing information to be contained
in the condominium |
| 168 |
prospectus or offering circular;
amending s. 719.1055, |
| 169 |
F.S.; providing application of
amendments restricting |
| 170 |
cooperative owners' rights relating to
the rental of |
| 171 |
units; amending s. 720.301, F.S.;
revising and providing |
| 172 |
definitions; amending s. 720.302, F.S.;
revising the |
| 173 |
purpose, scope, and application of the
chapter; providing |
| 174 |
legislative findings and intent;
requiring the office to |
| 175 |
establish a process for collecting an
annual fee for |
| 176 |
association members; requiring
governing documents |
| 177 |
transferred from the developer to
parcel owners to be |
| 178 |
approved by a two-thirds vote;
amending s. 720.303, F.S.; |
| 179 |
revising powers and duties of
homeowners' associations; |
| 180 |
prohibiting officers and directors
from taking any action |
| 181 |
inconsistent with the declaration of
covenants; revising |
| 182 |
requirements authorizing the
association to participate in |
| 183 |
litigation; creating liability for
officers and directors |
| 184 |
under certain circumstances; providing
criteria for |
| 185 |
setback limits; revising procedures
relating to board |
| 186 |
meetings; providing for notice of
board meetings and the |
| 187 |
agenda; revising voting procedures;
requiring board |
| 188 |
director votes to be recorded in the
minutes; requiring |
| 189 |
the association to maintain certain
documents; revising |
| 190 |
procedures relating to the inspection
and copying of |
| 191 |
records; authorizing a fee; revising
procedures used in |
| 192 |
preparing the association's annual
financial report; |
| 193 |
prohibiting developers in control of a
homeowners' |
| 194 |
association from commingling
association funds with funds |
| 195 |
of a corporation for profit created by
the developer; |
| 196 |
revising board director recall
procedures, including |
| 197 |
voting procedures of such recalls;
amending s. 720.304, |
| 198 |
F.S.; authorizing homeowners to
display certain flags; |
| 199 |
providing criteria for the display of
signs in certain |
| 200 |
areas; prohibiting associations from
abridging the |
| 201 |
constitutional rights of homeowners
relating to use of |
| 202 |
common areas; providing penalties;
amending s. 720.305, |
| 203 |
F.S.; revising remedies at law or in
equity against |
| 204 |
certain association officers or
directors; amending s. |
| 205 |
720.3055, F.S.; removing a requirement
that governing |
| 206 |
documents be in writing; providing
that certain contracts |
| 207 |
are subject to competitive bid;
amending s. 720.306, F.S.; |
| 208 |
deleting provisions relating to quorum
at a meeting of |
| 209 |
members; revising provisions relating
to the voting on an |
| 210 |
amendment of governing documents;
requiring amendments to |
| 211 |
be submitted in their entirety;
providing a timeframe for |
| 212 |
registered covenants and restrictions
to be in a certain |
| 213 |
form; removing authority of governing
documents to provide |
| 214 |
for the election of directors, to
provide for special |
| 215 |
meetings, and to require notice of the
annual meeting; |
| 216 |
requiring an annual meeting notice to
include an agenda; |
| 217 |
providing members with the right to
speak about any item |
| 218 |
on the agenda; authorizing members to
speak at least once |
| 219 |
on each agenda item for a specified
time; authorizing vote |
| 220 |
by limited proxy; providing guidelines
for elections; |
| 221 |
requiring members to be provided with
certain information |
| 222 |
regarding the elections; providing
voting requirements; |
| 223 |
authorizing directors to fill
vacancies; authorizing a |
| 224 |
specified amount of voting interests
to petition the |
| 225 |
division to appoint an election
monitor; providing |
| 226 |
eligibility requirements for
candidates; authorizing any |
| 227 |
parcel owner to electronically record
any meeting of the |
| 228 |
board or members; providing that the
directors may adopt |
| 229 |
certain rules governing such recording
but may not |
| 230 |
restrict an owner's right to record
the meeting; amending |
| 231 |
s. 720.307, F.S., relating to
transition of association |
| 232 |
control in a community; revising
criteria with respect to |
| 233 |
election of members to the board of
directors; requiring |
| 234 |
certain developers and owners to
convey title to all |
| 235 |
common areas prior to turnover;
revising requirements for |
| 236 |
turnover of documents; requiring
certain information to be |
| 237 |
included in the records and for the
records to be prepared |
| 238 |
in a specified manner; revising
application to include |
| 239 |
certain associations; creating s.
720.3071, F.S.; |
| 240 |
requiring training of homeowners'
association board |
| 241 |
members; amending s. 720.3075, F.S.;
prohibiting |
| 242 |
association documents at the time of
transition from |
| 243 |
preventing associations from
functioning; prohibiting |
| 244 |
association documents at the time of
transition from |
| 245 |
restricting an association's ability
to amend association |
| 246 |
documents; prohibiting associations
from restricting the |
| 247 |
use of hurricane shutters in certain
circumstances; |
| 248 |
providing guidelines for the use of
hurricane shutters; |
| 249 |
authorizing associations to enforce
certain hurricane |
| 250 |
shutter restrictions; amending s.
720.3086, F.S.; |
| 251 |
requiring the annual financial report
to be mailed to |
| 252 |
certain parcel owners; providing for
the exclusive use of |
| 253 |
certain properties; amending s.
720.401, F.S.; requiring |
| 254 |
certain documents to be provided to
prospective |
| 255 |
purchasers; revising information to be
contained in a |
| 256 |
disclosure summary; creating s.
720.501, F.S.; providing |
| 257 |
powers and duties of the Division of
Florida Land Sales, |
| 258 |
Condominiums, Homeowners'
Associations, and Mobile Homes; |
| 259 |
authorizing the division to conduct
certain |
| 260 |
investigations; authorizing certain
officers and employees |
| 261 |
to administer oaths or affirmations
and to subpoena |
| 262 |
witnesses and compel their attendance;
authorizing the |
| 263 |
division to issue certain orders;
authorizing the division |
| 264 |
to bring certain actions in circuit
court; authorizing the |
| 265 |
division to impose civil penalties;
authorizing the |
| 266 |
division to prepare and disseminate a
prospectus; |
| 267 |
requiring the division to provide
associations with |
| 268 |
certain documents; requiring the
division to provide |
| 269 |
training programs for association
board members and lot |
| 270 |
owners; requiring the division to
develop a mediation |
| 271 |
certification program; requiring
homeowners' associations |
| 272 |
to pay an annual fee to the division;
creating s. 720.505, |
| 273 |
F.S.; creating the Advisory Council on
Mandated |
| 274 |
Properties; providing for appointments
by the President of |
| 275 |
the Senate, the Speaker of the House
of Representatives, |
| 276 |
and the Governor; providing limited
compensation and other |
| 277 |
terms of service; specifying
functions; amending s. |
| 278 |
20.165, F.S.; redesignating the
Division of Florida Land |
| 279 |
Sales, Condominiums, and Mobile Homes
as the Division of |
| 280 |
Florida Land Sales, Condominiums,
Homeowners' |
| 281 |
Associations, and Mobile Homes;
amending ss. 73.073, |
| 282 |
190.009, 190.0485, 192.037, 213.053,
215.20, 326.002, |
| 283 |
326.006, 380.0651, 455.116, 475.455,
498.005, 498.019, |
| 284 |
498.047, 498.049, 509.512, 559.935,
718.103, 718.105, |
| 285 |
718.502, 718.504, 718.508, 718.509,
718.608, 719.103, |
| 286 |
719.1255, 719.501, 719.502, 719.504,
719.508, 719.608, |
| 287 |
721.05, 721.07, 721.08, 721.26,
721.28, 721.301, 723.003, |
| 288 |
723.006, 723.009, and 723.0611, F.S.;
conforming |
| 289 |
provisions; requiring condominium
developers to pay |
| 290 |
monthly maintenance fees on unsold
condominium units that |
| 291 |
are rented; providing an effective
date. |
| 292 |
|
| 293 |
Be It Enacted by the Legislature of
the State of Florida: |
| 294 |
|
| 295 |
Section
1. Subsection (2) of section 20.165, Florida |
| 296 |
Statutes, is amended to read: |
| 297 |
20.165 Department
of Business and Professional |
| 298 |
Regulation.--There is created a
Department of Business and |
| 299 |
Professional Regulation. |
| 300 |
(2) The
following divisions of the Department of Business |
| 301 |
and Professional Regulation are
established: |
| 302 |
(a) Division
of Administration. |
| 303 |
(b) Division
of Alcoholic Beverages and Tobacco. |
| 304 |
(c) Division
of Certified Public Accounting. |
| 305 |
1. The
director of the division shall be appointed by the |
| 306 |
secretary of the department, subject
to approval by a majority |
| 307 |
of the Board of Accountancy. |
| 308 |
2. The
offices of the division shall be located in |
| 309 |
Gainesville. |
| 310 |
(d) Division
of Florida Land Sales, Condominiums, |
| 311 |
Homeowners'
Associations, and Mobile Homes. |
| 312 |
(e) Division
of Hotels and Restaurants. |
| 313 |
(f) Division
of Mandated Properties. |
| 314 |
(g)(f) Division
of Pari-mutuel Wagering. |
| 315 |
(h)(g) Division
of Professions. |
| 316 |
(i)(h) Division
of Real Estate. |
| 317 |
1. The
director of the division shall be appointed by the |
| 318 |
secretary of the department, subject
to approval by a majority |
| 319 |
of the Florida Real Estate Commission. |
| 320 |
2. The
offices of the division shall be located in |
| 321 |
Orlando. |
| 322 |
(j)(i) Division
of Regulation. |
| 323 |
(k)(j) Division
of Technology, Licensure, and Testing. |
| 324 |
Section
2. Subsection (2) of section 73.073, Florida |
| 325 |
Statutes, is amended to read: |
| 326 |
73.073 Eminent
domain procedure with respect to |
| 327 |
condominium common elements.-- |
| 328 |
(2) With
respect to the exercise of eminent domain or a |
| 329 |
negotiated sale for the purchase or
taking of a portion of the |
| 330 |
common elements of a condominium, the
condemning authority shall |
| 331 |
have the responsibility of contacting
the condominium |
| 332 |
association and acquiring the most
recent rolls indicating the |
| 333 |
names of the unit owners or contacting
the appropriate taxing |
| 334 |
authority to obtain the names of the
owners of record on the tax |
| 335 |
rolls. Notification shall thereupon be
sent by certified mail, |
| 336 |
return receipt requested, to the unit
owners of record of the |
| 337 |
condominium units by the condemning
authority indicating the |
| 338 |
intent to purchase or take the
required property and requesting |
| 339 |
a response from the unit owner. The
condemning authority shall |
| 340 |
be responsible for the expense of
sending notification pursuant |
| 341 |
to this section. Such notice shall, at
a minimum, include: |
| 342 |
(a) The
name and address of the condemning authority. |
| 343 |
(b) A
written or visual description of the property. |
| 344 |
(c) The
public purpose for which the property is needed. |
| 345 |
(d) The
appraisal value of the property. |
| 346 |
(e) A
clear, concise statement relating to the unit |
| 347 |
owner's right to object to the taking
or appraisal value and the |
| 348 |
procedures and effects of exercising
that right. |
| 349 |
(f) A
clear, concise statement relating to the power of |
| 350 |
the association to convey the property
on behalf of the unit |
| 351 |
owners if no objection to the taking
or appraisal value is |
| 352 |
raised, and the effects of this
alternative on the unit owner. |
| 353 |
|
| 354 |
The Division of Florida Land Sales,
Condominiums, Homeowners' |
| 355 |
Associations,
and Mobile Homes of the Department of Business and |
| 356 |
Professional Regulation may adopt, by
rule, a standard form for |
| 357 |
such notice and may require the notice
to include any additional |
| 358 |
relevant information. |
| 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). |
| 427 |
Section
6. Paragraph (e) of subsection (6) of section |
| 428 |
192.037, Florida Statutes, is amended
to read: |
| 429 |
192.037 Fee
timeshare real property; taxes and |
| 430 |
assessments; escrow.-- |
| 431 |
(6) |
| 432 |
(e) On
or before May 1 of each year, a statement of |
| 433 |
receipts and disbursements of the
escrow account must be filed |
| 434 |
with the Division of Florida Land
Sales, Condominiums, |
| 435 |
Homeowners'
Associations, and Mobile Homes of the Department of |
| 436 |
Business and Professional Regulation,
which may enforce this |
| 437 |
paragraph pursuant to s. 721.26. This
statement must |
| 438 |
appropriately show the amount of
principal and interest in such |
| 439 |
account. |
| 440 |
Section
7. Paragraph (i) of subsection (8) of section |
| 441 |
213.053, Florida Statutes, is amended
to read: |
| 442 |
213.053 Confidentiality
and information sharing.-- |
| 443 |
(8) Notwithstanding
any other provision of this section, |
| 444 |
the department may provide: |
| 445 |
(i) Information
relative to chapters 212 and 326 to the |
| 446 |
Division of Florida Land Sales,
Condominiums, Homeowners' |
| 447 |
Associations,
and Mobile Homes of the Department of Business and |
| 448 |
Professional Regulation in the conduct
of its official duties. |
| 449 |
|
| 450 |
Disclosure of information under this
subsection shall be |
| 451 |
pursuant to a written agreement
between the executive director |
| 452 |
and the agency. Such agencies,
governmental or nongovernmental, |
| 453 |
shall be bound by the same
requirements of confidentiality as |
| 454 |
the Department of Revenue. Breach of
confidentiality is a |
| 455 |
misdemeanor of the first degree,
punishable as provided by s. |
| 456 |
775.082 or s. 775.083. |
| 457 |
Section
8. Paragraph (d) of subsection (4) of section |
| 458 |
215.20, Florida Statutes, is amended
to read: |
| 459 |
215.20 Certain
income and certain trust funds to |
| 460 |
contribute to the General Revenue
Fund.-- |
| 461 |
(4) The
income of a revenue nature deposited in the |
| 462 |
following described trust funds, by
whatever name designated, is |
| 463 |
that from which the appropriations
authorized by subsection (3) |
| 464 |
shall be made: |
| 465 |
(d) Within
the Department of Business and Professional |
| 466 |
Regulation: |
| 467 |
1. The
Administrative Trust Fund. |
| 468 |
2. The
Alcoholic Beverage and Tobacco Trust Fund. |
| 469 |
3. The
Cigarette Tax Collection Trust Fund. |
| 470 |
4. The
Division of Florida Land Sales, Condominiums, |
| 471 |
Homeowners'
Associations, and Mobile Homes Trust Fund. |
| 472 |
5. The
Hotel and Restaurant Trust Fund, with the exception |
| 473 |
of those fees collected for the
purpose of funding of the |
| 474 |
hospitality education program as
stated in s. 509.302. |
| 475 |
6. The
Professional Regulation Trust Fund. |
| 476 |
7. The
trust funds administered by the Division of Pari- |
| 477 |
mutuel Wagering. |
| 478 |
|
| 479 |
The enumeration of the foregoing
moneys or trust funds shall not |
| 480 |
prohibit the applicability thereto of
s. 215.24 should the |
| 481 |
Governor determine that for the
reasons mentioned in s. 215.24 |
| 482 |
the money or trust funds should be
exempt herefrom, as it is the |
| 483 |
purpose of this law to exempt income
from its force and effect |
| 484 |
when, by the operation of this law,
federal matching funds or |
| 485 |
contributions or private grants to any
trust fund would be lost |
| 486 |
to the state. |
| 487 |
Section
9. Subsection (2) of section 326.002, Florida |
| 488 |
Statutes, is amended to read: |
| 489 |
326.002 Definitions.--As
used in ss. 326.001-326.006, the |
| 490 |
term: |
| 491 |
(2) "Division"
means the Division of Florida Land Sales, |
| 492 |
Condominiums, Homeowners'
Associations, and Mobile Homes of the |
| 493 |
Department of Business and
Professional Regulation. |
| 494 |
Section
10. Paragraph (d) of subsection (2) and subsection |
| 495 |
(3) of section 326.006, Florida
Statutes, are amended to read: |
| 496 |
326.006 Powers
and duties of division.-- |
| 497 |
(2) The
division has the power to enforce and ensure |
| 498 |
compliance with the provisions of this
chapter and rules adopted |
| 499 |
under this chapter relating to the
sale and ownership of yachts |
| 500 |
and ships. In performing its duties,
the division has the |
| 501 |
following powers and duties: |
| 502 |
(d) Notwithstanding
any remedies available to a yacht or |
| 503 |
ship purchaser, if the division has
reasonable cause to believe |
| 504 |
that a violation of any provision of
this chapter or rule |
| 505 |
adopted under this chapter has
occurred, the division may |
| 506 |
institute enforcement proceedings in
its own name against any |
| 507 |
broker or salesperson or any of his or
her assignees or agents, |
| 508 |
or against any unlicensed person or
any of his or her assignees |
| 509 |
or agents, as follows: |
| 510 |
1. The
division may permit a person whose conduct or |
| 511 |
actions are under investigation to
waive formal proceedings and |
| 512 |
enter into a consent proceeding
whereby orders, rules, or |
| 513 |
letters of censure or warning, whether
formal or informal, may |
| 514 |
be entered against the person. |
| 515 |
2. The
division may issue an order requiring the broker or |
| 516 |
salesperson or any of his or her
assignees or agents, or |
| 517 |
requiring any unlicensed person or any
of his or her assignees |
| 518 |
or agents, to cease and desist from
the unlawful practice and |
| 519 |
take such affirmative action as in the
judgment of the division |
| 520 |
will carry out the purposes of this
chapter. |
| 521 |
3. The
division may bring an action in circuit court on |
| 522 |
behalf of a class of yacht or ship
purchasers for declaratory |
| 523 |
relief, injunctive relief, or
restitution. |
| 524 |
4. The
division may impose a civil penalty against a |
| 525 |
broker or salesperson or any of his or
her assignees or agents, |
| 526 |
or against an unlicensed person or any
of his or her assignees |
| 527 |
or agents, for any violation of this
chapter or a rule adopted |
| 528 |
under this chapter. A penalty may be
imposed for each day of |
| 529 |
continuing violation, but in no event
may the penalty for any |
| 530 |
offense exceed $10,000. All amounts
collected must be deposited |
| 531 |
with the Chief Financial Officer to
the credit of the Division |
| 532 |
of Florida Land Sales, Condominiums, Homeowners'
Associations, |
| 533 |
and Mobile Homes Trust Fund. If a
broker, salesperson, or |
| 534 |
unlicensed person working for a
broker, fails to pay the civil |
| 535 |
penalty, the division shall thereupon
issue an order suspending |
| 536 |
the broker's license until such time
as the civil penalty is |
| 537 |
paid or may pursue enforcement of the
penalty in a court of |
| 538 |
competent jurisdiction. The order
imposing the civil penalty or |
| 539 |
the order of suspension may not become
effective until 20 days |
| 540 |
after the date of such order. Any
action commenced by the |
| 541 |
division must be brought in the county
in which the division has |
| 542 |
its executive offices or in the county
where the violation |
| 543 |
occurred. |
| 544 |
(3) All
fees must be deposited in the Division of Florida |
| 545 |
Land Sales, Condominiums, Homeowners'
Associations, and Mobile |
| 546 |
Homes Trust Fund as provided by law. |
| 547 |
Section
11. Paragraph (a) of subsection (4) of section |
| 548 |
380.0651, Florida Statutes, is amended
to read: |
| 549 |
380.0651 Statewide
guidelines and standards.-- |
| 550 |
(4) Two
or more developments, represented by their owners |
| 551 |
or developers to be separate
developments, shall be aggregated |
| 552 |
and treated as a single development
under this chapter when they |
| 553 |
are determined to be part of a unified
plan of development and |
| 554 |
are physically proximate to one other. |
| 555 |
(a) The
|