| 1 |
A bill to be entitled |
| 2 |
An act relating to the Department of Business and |
| 3 |
Professional Regulation; amending s. 718.111, F.S.; |
| 4 |
providing for an condominium association director
to |
| 5 |
abstain from an association vote; providing for |
| 6 |
application; requiring that hazard insurance be
based upon |
| 7 |
the replacement cost of the property to be
insured as |
| 8 |
determined by an independent insurance appraisal
or update |
| 9 |
of a prior appraisal; requiring that the full
insurable |
| 10 |
value be determined at specified intervals;
providing a |
| 11 |
means by which an association may provide
adequate hazard |
| 12 |
insurance; authorizing an association to consider
certain |
| 13 |
information when determining coverage amounts;
providing |
| 14 |
for coverage by developer-controlled
associations; |
| 15 |
providing that policies may include deductibles
as |
| 16 |
determined by the association's board of
directors; |
| 17 |
providing requirements and guidelines for the |
| 18 |
establishment of such deductibles; requiring that
the |
| 19 |
amounts of deductibles be set at a meeting of the
board; |
| 20 |
providing requirements for such meeting;
requiring that an |
| 21 |
association controlled by unit owners operating
as a |
| 22 |
residential condominium use its best efforts to
obtain and |
| 23 |
maintain adequate insurance to protect the
association and |
| 24 |
property under its supervision or control;
providing that |
| 25 |
a declaration of condominium may provide that
condominium |
| 26 |
property consisting of freestanding buildings
comprised of |
| 27 |
no more than one building in or on such unit need
not be |
| 28 |
insured by the association if the declaration
requires the |
| 29 |
unit owner to obtain adequate insurance for the |
| 30 |
condominium property; authorizing an association
to obtain |
| 31 |
and maintain liability insurance for directors
and |
| 32 |
officers, insurance for the benefit of
association |
| 33 |
employees, and flood insurance for common
elements, |
| 34 |
association property, and units; requiring that
every |
| 35 |
hazard insurance policy issued or renewed on or
after a |
| 36 |
specified date for the purpose of protecting the |
| 37 |
condominium provide certain coverage; requiring
that such |
| 38 |
policies contain certain provisions; providing
that such |
| 39 |
policies issued to individual unit owners do not
provide |
| 40 |
rights of subrogation against the condominium
association; |
| 41 |
providing for the insurance of improvements or
additions |
| 42 |
benefiting fewer than all unit owners; requiring
that an |
| 43 |
association require each owner to provide
evidence of a |
| 44 |
current policy of hazard and liability insurance
upon |
| 45 |
request; limiting the frequency with which an
association |
| 46 |
may make such a request; authorizing an
association to |
| 47 |
purchase coverage on behalf of an owner under
certain |
| 48 |
circumstances; providing for the collection of
the costs |
| 49 |
of such a policy; providing responsibilities of
the unit |
| 50 |
owner and association with regard to
reconstruction work |
| 51 |
and associated costs after a casualty loss;
authorizing a |
| 52 |
multicondominium association to operate such
condominiums |
| 53 |
as a single condominium for certain purposes by
majority |
| 54 |
vote of the members of all applicable
condominiums; |
| 55 |
providing that such election constitutes an
amendment to |
| 56 |
the declaration of all applicable condominiums;
requiring |
| 57 |
that an association maintain insurance or
fidelity bonding |
| 58 |
for all persons who control or disburse
association funds; |
| 59 |
requiring that such insurance policy or fidelity
bond |
| 60 |
cover the maximum funds in the custody of the
association |
| 61 |
or its management agent at any one time; defining
the term |
| 62 |
"persons who control or disburse funds of
the |
| 63 |
association"; authorizing an association to
amend the |
| 64 |
declaration of condominium without regard to any |
| 65 |
requirement for approval by mortgagees of
amendments |
| 66 |
affecting insurance requirements for the purpose
of |
| 67 |
conforming the declaration of condominium to
certain |
| 68 |
coverage requirements; providing that any portion
of the |
| 69 |
condominium property required to be insured by
the |
| 70 |
association against casualty loss which is
damaged be |
| 71 |
reconstructed, repaired, or replaced as necessary
by the |
| 72 |
association as a common expense; providing that
all hazard |
| 73 |
insurance deductibles, uninsured losses, and
other damages |
| 74 |
in excess of hazard insurance coverage under the
hazard |
| 75 |
insurance policies maintained by the association
are a |
| 76 |
common expense of the condominium; providing
exceptions; |
| 77 |
allocating responsibility for certain costs of
repair or |
| 78 |
reconstruction; authorizing an association to opt
out of |
| 79 |
certain requirements related to such allocation
of |
| 80 |
responsibility by majority vote; providing a
procedure by |
| 81 |
which a multicondominium association that has not |
| 82 |
consolidated its financial operations may opt out
of such |
| 83 |
allocation of responsibility; requiring that a
decision to |
| 84 |
opt out be recorded; providing that such decision
takes |
| 85 |
effect on the date on which it is recorded;
authorizing |
| 86 |
the reversal of such decision; providing a
procedure for |
| 87 |
reversal; providing that an association is not
obligated |
| 88 |
to pay for any reconstruction or repair expenses
for |
| 89 |
improvements made by an owner or the development
if an |
| 90 |
improvement benefits only the unit for which it
was |
| 91 |
installed; amending s. 718.115, F.S.; requiring
that |
| 92 |
certain expenses be designated as common
expenses; |
| 93 |
amending s. 718.116, F.S.; authorizing the
designee of a |
| 94 |
unit owner or mortgagee to request a certificate
of |
| 95 |
assessment; requiring that the fee for
preparation of such |
| 96 |
certificate be stated on the certificate;
providing for |
| 97 |
the establishment of such fees; providing for
payment of |
| 98 |
the fee; requiring that the fee be refunded if a
planned |
| 99 |
sale or mortgage does not occur; providing that
any such |
| 100 |
refund is the obligation of the unit owner and is |
| 101 |
collectable in the same manner as an assessment;
amending |
| 102 |
s. 718.117, F.S.; prohibiting the distribution of
proceeds |
| 103 |
from the sale of a condominium unit to a
lienholder from |
| 104 |
exceeding a unit owner's share of the proceeds;
creating |
| 105 |
s. 720.30851, F.S.; requiring that the
association provide |
| 106 |
a certificate signed by an officer or agent of
the |
| 107 |
association stating all assessments and other
moneys owed |
| 108 |
to the association by the parcel owner or
mortgagee with |
| 109 |
respect to the parcel within a specified period
after the |
| 110 |
association's receipt of a request for an
estoppel |
| 111 |
certificate by an owner or mortgagee; providing
that any |
| 112 |
person other than a parcel owner who relies upon
a |
| 113 |
certificate receives the benefits and protection
thereof; |
| 114 |
providing that a summary proceeding may be
brought to |
| 115 |
compel the association to comply with the
requirement to |
| 116 |
provide a certificate; providing that the
prevailing party |
| 117 |
is entitled to recover reasonable attorney's
fees; |
| 118 |
requiring that the fee for preparation of such
certificate |
| 119 |
be stated on the certificate; providing for the |
| 120 |
establishment of such fees; providing for payment
of the |
| 121 |
fee; requiring that the fee be refunded if a
planned sale |
| 122 |
or mortgage does not occur; providing that any
such refund |
| 123 |
is the obligation of the parcel owner and is
collectable |
| 124 |
in the same manner as an assessment; amending s.
20.165, |
| 125 |
F.S.; changing the name of the Division of
Florida Land |
| 126 |
Sales, Condominiums, and Mobile Homes to the
Division of |
| 127 |
Florida Condominiums, Timeshares, and Mobile
Homes and the |
| 128 |
Division of Technology, Licensure, and Testing to
the |
| 129 |
Division of Technology; amending s. 215.20, F.S.; |
| 130 |
conforming the name of the division's trust fund
to |
| 131 |
correspond to the name change of the division;
amending s. |
| 132 |
450.33, F.S.; removing the requirement for a farm
labor |
| 133 |
contractor to file a set of fingerprints with the |
| 134 |
department; amending s. 455.203, F.S.;
authorizing the |
| 135 |
department to close and terminate deficient
license |
| 136 |
applications and to approve professional license |
| 137 |
applications meeting certain criteria; amending
s. |
| 138 |
455.217, F.S.; conforming terminology to changes
made by |
| 139 |
the act; amending s. 455.2273, F.S.; authorizing
the |
| 140 |
section to apply to disciplinary guidelines
adopted by all |
| 141 |
boards and divisions; amending s. 468.841, F.S.; |
| 142 |
clarifying exemption provisions for license
provisions |
| 143 |
governing mold-related services; amending s.
475.17, F.S.; |
| 144 |
revising requirements for licensure as a real
estate |
| 145 |
broker; amending s. 475.451, F.S.; deleting
requirements |
| 146 |
relating to the submission of certain real estate
course |
| 147 |
rosters to the department; amending s. 477.019,
F.S., |
| 148 |
relating to cosmetologists; allowing a student to
apply |
| 149 |
for licensure examination prior to graduation and
to |
| 150 |
practice prior to licensure; amending s. 489.105,
F.S.; |
| 151 |
clarifying that individuals and business entities
that |
| 152 |
sell manufactured and factory-built buildings can
legally |
| 153 |
enter into contracts for those sales; amending s.
489.511, |
| 154 |
F.S.; revising requirements for taking the
electrical or |
| 155 |
alarm system contractor certification
examination; |
| 156 |
providing requirements for certification;
amending s. |
| 157 |
489.515, F.S.; revising requirements for
certification as |
| 158 |
a certified contractor by the Electrical
Contractors' |
| 159 |
Licensing Board to reflect changes made to s.
489.511, |
| 160 |
F.S., by this act; renumbering s. 498.009, F.S.,
relating |
| 161 |
to the location of the division's offices;
amending and |
| 162 |
renumbering s. 498.011, F.S., relating to payment
of per |
| 163 |
diem, mileage, and other expenses for division
employees; |
| 164 |
providing for reimbursement of expenses for
on-site |
| 165 |
review; deleting the expense reimbursement for
inspection |
| 166 |
of subdivided lands; renumbering s. 498.013, F.S., |
| 167 |
relating to the authentication of records;
amending and |
| 168 |
renumbering s. 498.057, F.S., relating to service
of |
| 169 |
process; deleting provision that service may be
made by |
| 170 |
delivering a copy of the process to the division
director; |
| 171 |
providing that the division can be the petitioner
or the |
| 172 |
plaintiff; repealing ss. 498.001, 498.003,
498.005, |
| 173 |
498.007, 498.017, 498.021, 498.022, 498.023,
498.024, |
| 174 |
498.025, 498.027, 498.028, 498.029, 498.031,
498.033, |
| 175 |
498.035, 498.037, 498.039, 498.041, 498.047,
498.049, |
| 176 |
498.051, 498.053, 498.059, 498.061, and 498.063,
F.S., |
| 177 |
relating to regulation of land sales practices;
amending |
| 178 |
s. 548.0065, F.S.; including amateur mixed
martial arts in |
| 179 |
a provision relating to the authority of the
Florida State |
| 180 |
Boxing Commission to suspend amateur matches for
violation |
| 181 |
of certain health and safety standards; amending
s. |
| 182 |
548.008, F.S.; removing prohibition against
holding |
| 183 |
amateur mixed martial arts matches in this state;
amending |
| 184 |
s. 548.041, F.S.; providing additional licensure |
| 185 |
requirements for boxing participants; amending s.
718.501, |
| 186 |
F.S.; providing additional powers and duties of
the |
| 187 |
division; providing for additional enforcement
proceedings |
| 188 |
for carrying out the purposes of ch. 718, F.S.;
deleting |
| 189 |
the payment of money by a developer to a
condominium |
| 190 |
association as a permissible affirmative action;
providing |
| 191 |
for actions of conservator or receiver; providing
for |
| 192 |
application to circuit court for an order of
restitution; |
| 193 |
providing for imposition of civil penalties and
award of |
| 194 |
court costs, attorney's fees, and costs of
investigation |
| 195 |
under certain circumstances; providing for
contracting for |
| 196 |
investigative services; providing for acceptance
of |
| 197 |
grants-in-aid; requiring the cooperation with
similar |
| 198 |
agencies on establishment of certain procedures, |
| 199 |
standards, and forms; providing what constitutes |
| 200 |
completeness of notice; authorizing the division
to issue |
| 201 |
a notice to show cause; providing conforming
changes; |
| 202 |
amending s. 718.509, F.S., and transferring,
renumbering, |
| 203 |
and amending s. 498.019, F.S.; consolidating and
revising |
| 204 |
provisions relating to the creation, purposes,
and sources |
| 205 |
of funds of the Division of Florida Condominiums, |
| 206 |
Timeshares, and Mobile Homes Trust Fund; revising |
| 207 |
provisions to conform to the change in division
name; |
| 208 |
providing for the deposit of moneys resulting
from an |
| 209 |
administrative final order; amending s. 721.03,
F.S.; |
| 210 |
clarifying that timeshare plan includes a
nonspecific |
| 211 |
multisite timeshare plan; amending ss. 73.073,
190.009, |
| 212 |
192.037, 213.053, 326.002, 326.006, 380.05,
380.06, |
| 213 |
380.0651, 381.0065, 455.116, 475.455, 494.008,
509.512, |
| 214 |
517.301, 559.935, 718.103, 718.105, 718.1255,
718.5011, |
| 215 |
718.502, 718.504, 718.508, 718.608, 719.103,
719.1255, |
| 216 |
719.501, 719.502, 719.504, 719.508, 719.608,
720.301, |
| 217 |
720.401, 721.05, 721.07, 721.08, 721.26, 721.28,
721.301, |
| 218 |
721.50, 723.003, 723.006, 723.009, and 723.0611,
F.S., to |
| 219 |
conform; providing effective dates. |
| 220 |
|
| 221 |
Be It Enacted by the Legislature of the State of
Florida: |
| 222 |
|
| 223 |
Section 1. Paragraph
(b) of subsection (1) of section |
| 224 |
718.111, Florida Statutes, as amended by section
6 of House Bill |
| 225 |
995, enacted in the 2008 Regular Session, is
amended to read: |
| 226 |
718.111 The
association.-- |
| 227 |
(1) CORPORATE
ENTITY.-- |
| 228 |
(b) A
director of the association who is present at a |
| 229 |
meeting of its board at which action on any
corporate matter is |
| 230 |
taken shall be presumed to have assented to the
action taken |
| 231 |
unless he or she votes against such action or
abstains from |
| 232 |
voting in respect thereto because of an
asserted conflict of |
| 233 |
interest. A director of the association
who abstains from voting |
| 234 |
on any action taken on any corporate matter
shall be presumed to |
| 235 |
have taken no position with regard to the
action. Directors may |
| 236 |
not vote by proxy or by secret ballot at board
meetings, except |
| 237 |
that officers may be elected by secret ballot. A
vote or |
| 238 |
abstention for each member present shall be
recorded in the |
| 239 |
minutes. |
| 240 |
Section 2. The
amendments to section 718.111, Florida |
| 241 |
Statutes, in this act prevail over any
conflicting amendments to |
| 242 |
that section contained in HB 995 and enacted
during the 2008 |
| 243 |
Regular Session. |
| 244 |
Section 3. Subsection
(11) of section 718.111, Florida |
| 245 |
Statutes, is amended to read: |
| 246 |
718.111 The
association.-- |
| 247 |
(11) INSURANCE.--In
order to protect the safety, health, |
| 248 |
and welfare of the people of the State of Florida
and to ensure |
| 249 |
consistency in the provision of insurance
coverage to |
| 250 |
condominiums and their unit owners, this
subsection applies |
| 251 |
paragraphs (a), (b), and (c) are deemed to
apply to every |
| 252 |
residential condominium in the state, regardless
of the date of |
| 253 |
its declaration of condominium. It is the intent
of the |
| 254 |
Legislature to encourage lower or stable
insurance premiums for |
| 255 |
associations described in this subsection section. |
| 256 |
(a) Adequate
hazard insurance, regardless of any |
| 257 |
requirement in the declaration of condominium
for coverage by |
| 258 |
the association for full insurable value,
replacement cost, or |
| 259 |
similar coverage, shall be based upon the
replacement cost of |
| 260 |
the property to be insured as determined by an
independent |
| 261 |
insurance appraisal or update of a prior
appraisal. The full |
| 262 |
insurable value shall be determined at least
once every 36 |
| 263 |
months. |
| 264 |
1. An
association or group of associations may provide |
| 265 |
adequate hazard insurance through a
self-insurance fund that |
| 266 |
complies with the requirements of ss.
624.460-624.488. |
| 267 |
2. The
association may also provide adequate hazard |
| 268 |
insurance coverage for a group of no fewer
than three |
| 269 |
communities created and operating under this
chapter, chapter |
| 270 |
719, chapter 720, or chapter 721 by obtaining
and maintaining |
| 271 |
for such communities insurance coverage
sufficient to cover an |
| 272 |
amount equal to the probable maximum loss for
the communities |
| 273 |
for a 250-year windstorm event. Such probable
maximum loss must |
| 274 |
be determined through the use of a competent
model that has been |
| 275 |
accepted by the Florida Commission on
Hurricane Loss Projection |
| 276 |
Methodology. No policy or program providing
such coverage shall |
| 277 |
be issued or renewed after July 1, 2008,
unless it has been |
| 278 |
reviewed and approved by the Office of
Insurance Regulation. |
| 279 |
The review and approval shall include approval
of the policy |
| 280 |
and related forms pursuant to ss. 627.410 and
627.411, approval |
| 281 |
of the rates pursuant to s. 627.062, a
determination that the |
| 282 |
loss model approved by the Commission was
accurately and |
| 283 |
appropriately applied to the insured
structures to determine the |
| 284 |
250-year probable maximum loss, and a
determination that |
| 285 |
complete and accurate disclosure of
all material provisions is |
| 286 |
provided to condominium unit owners prior to
execution of the |
| 287 |
agreement by a condominium association. |
| 288 |
3. When
determining the adequate amount of hazard |
| 289 |
insurance coverage, the association may
consider deductibles as |
| 290 |
determined by this subsection. |
| 291 |
(b) If
an association is a developer-controlled |
| 292 |
association, the association shall exercise
its best efforts to |
| 293 |
obtain and maintain insurance as described in
paragraph (a). |
| 294 |
Failure to obtain and maintain adequate hazard
insurance during |
| 295 |
any period of developer control constitutes a
breach of |
| 296 |
fiduciary responsibility by the
developer-appointed members of |
| 297 |
the board of directors of the association,
unless the members |
| 298 |
can show that despite such failure, they have
made their best |
| 299 |
efforts to maintain the required coverage. |
| 300 |
(c) Policies
may include deductibles as determined by the |
| 301 |
board. |
| 302 |
1. The
deductibles shall be consistent with industry |
| 303 |
standards and prevailing practice for
communities of similar |
| 304 |
size and age, and having similar construction
and facilities in |
| 305 |
the locale where the condominium property is
situated. |
| 306 |
2. The
deductibles may be based upon available funds, |
| 307 |
including reserve accounts, or predetermined
assessment |
| 308 |
authority at the time the insurance is
obtained. |
| 309 |
3. The
board shall establish the amount of deductibles |
| 310 |
based upon the level of available funds and
predetermined |
| 311 |
assessment authority at a meeting of the
board. Such meeting |
| 312 |
shall be open to all unit owners in the manner
set forth in s. |
| 313 |
718.112(2)(e). The notice of such meeting must
state the |
| 314 |
proposed deductible and the available funds
and the assessment |
| 315 |
authority relied upon by the board and
estimate any potential |
| 316 |
assessment amount against each unit, if any.
The meeting |
| 317 |
described in this paragraph may be held in
conjunction with a |
| 318 |
meeting to consider the proposed budget or an
amendment thereto. |
| 319 |
(d) An
association controlled by unit owners operating as |
| 320 |
a residential condominium shall use its best
efforts to obtain |
| 321 |
and maintain adequate insurance to protect the
association, the |
| 322 |
association property, the common elements, and
the condominium |
| 323 |
property that is required to be insured by the
association |
| 324 |
pursuant to this subsection. |
| 325 |
(e) The
declaration of condominium as originally recorded, |
| 326 |
or as amended pursuant to procedures provided
therein, may |
| 327 |
provide that condominium property consisting
of freestanding |
| 328 |
buildings comprised of no more than one
building in or on such |
| 329 |
unit need not be insured by the association if
the declaration |
| 330 |
requires the unit owner to obtain adequate
insurance for the |
| 331 |
condominium property. An association may also
obtain and |
| 332 |
maintain liability insurance for directors and
officers, |
| 333 |
insurance for the benefit of association
employees, and flood |
| 334 |
insurance for common elements, association
property, and units. |
| 335 |
(f) Every
hazard insurance policy issued or renewed on or |
| 336 |
after January 1, 2009, for the purpose of
protecting the |
| 337 |
condominium shall provide primary coverage
for: |
| 338 |
1. All
portions of the condominium property as originally |
| 339 |
installed or replacement of like kind and
quality, in accordance |
| 340 |
with the original plans and specifications. |
| 341 |
2. All
alterations or additions made to the condominium |
| 342 |
property or association property pursuant to
s. 718.113(2). |
| 343 |
3. The
coverage shall exclude all personal property within |
| 344 |
the unit or limited common elements, and
floor, wall, and |
| 345 |
ceiling coverings, electrical fixtures,
appliances, water |
| 346 |
heaters, water filters, built-in cabinets and
countertops, and |
| 347 |
window treatments, including curtains, drapes,
blinds, hardware, |
| 348 |
and similar window treatment components, or
replacements of any |
| 349 |
of the foregoing. |
| 350 |
(g) Every
hazard insurance policy issued or renewed on or |
| 351 |
after January 1, 2009, to an individual unit
owner must contain |
| 352 |
a provision stating that the coverage afforded
by such policy is |
| 353 |
excess coverage over the amount recoverable
under any other |
| 354 |
policy covering the same property. Such
policies must include |
| 355 |
special assessment coverage of no less than
$2,000 per |
| 356 |
occurrence. An insurance policy issued to an
individual unit |
| 357 |
owner providing such coverage does not provide
rights of |
| 358 |
subrogation against the condominium
association operating the |
| 359 |
condominium in which such individual's unit is
located. |
| 360 |
1. All
improvements or additions to the condominium |
| 361 |
property that benefit fewer than all unit
owners shall be |
| 362 |
insured by the unit owner or owners having the
use thereof, or |
| 363 |
may be insured by the association at the cost
and expense of the |
| 364 |
unit owners having the use thereof. |
| 365 |
2. The
association shall require each owner to provide |
| 366 |
evidence of a currently effective policy of
hazard and liability |
| 367 |
insurance upon request, but not more than once
per year. Upon |
| 368 |
the failure of an owner to provide a
certificate of insurance |
| 369 |
issued by an insurer approved to write such
insurance in this |
| 370 |
state within 30 days after the date on which a
written request |
| 371 |
is delivered, the association may purchase a
policy of insurance |
| 372 |
on behalf of an owner. The cost of such a
policy, together with |
| 373 |
reconstruction costs undertaken by the
association but which are |
| 374 |
the responsibility of the unit owner, may be
collected in the |
| 375 |
manner provided for the collection of
assessments in s. 718.116. |
| 376 |
3. All
reconstruction work after a casualty loss shall be |
| 377 |
undertaken by the association except as
otherwise authorized in |
| 378 |
this section. A unit owner may undertake
reconstruction work on |
| 379 |
portions of the unit with the prior written
consent of the board |
| 380 |
of administration. However, such work may be
conditioned upon |
| 381 |
the approval of the repair methods, the
qualifications of the |
| 382 |
proposed contractor, or the contract that is
used for that |
| 383 |
purpose. A unit owner shall obtain all
required governmental |
| 384 |
permits and approvals prior to commencing
reconstruction. |
| 385 |
4. Unit
owners are responsible for the cost of |
| 386 |
reconstruction of any portions of the
condominium property for |
| 387 |
which the unit owner is required to carry
casualty insurance, |
| 388 |
and any such reconstruction work undertaken by
the association |
| 389 |
shall be chargeable to the unit owner and
enforceable as an |
| 390 |
assessment pursuant to s. 718.116. The
association must be an |
| 391 |
additional named insured and loss payee on all
casualty |
| 392 |
insurance policies issued to unit owners in
the condominium |
| 393 |
operated by the association. |
| 394 |
5. A
multicondominium association may elect, by a majority |
| 395 |
vote of the collective members of the
condominiums operated by |
| 396 |
the association, to operate such condominiums
as a single |
| 397 |
condominium for purposes of insurance matters,
including, but |
| 398 |
not limited to, the purchase of the hazard
insurance required by |
| 399 |
this section and the apportionment of
deductibles and damages in |
| 400 |
excess of coverage. The election to aggregate
the treatment of |
| 401 |
insurance premiums, deductibles, and excess
damages constitutes |
| 402 |
an amendment to the declaration of all
condominiums operated by |
| 403 |
the association, and the costs of insurance
shall be stated in |
| 404 |
the association budget. The amendments shall
be recorded as |
| 405 |
required by s. 718.110. |
| 406 |
(h) The
association shall maintain insurance or fidelity |
| 407 |
bonding of all persons who control or disburse
funds of the |
| 408 |
association. The insurance policy or fidelity
bond must cover |
| 409 |
the maximum funds that will be in the custody
of the association |
| 410 |
or its management agent at any one time. As
used in this |
| 411 |
paragraph, the term "persons who control
or disburse funds of |
| 412 |
the association" includes, but is not
limited to, those |
| 413 |
individuals authorized to sign checks on
behalf of the |
| 414 |
association, and the president, secretary, and
treasurer of the |
| 415 |
association. The association shall bear the
cost of any such |
| 416 |
bonding. |
| 417 |
(i) The
association may amend the declaration of |
| 418 |
condominium without regard to any requirement
for approval by |
| 419 |
mortgagees of amendments affecting insurance
requirements for |
| 420 |
the purpose of conforming the declaration of
condominium to the |
| 421 |
coverage requirements of this subsection. |
| 422 |
(j) Any
portion of the condominium property required to be |
| 423 |
insured by the association against casualty
loss pursuant to |
| 424 |
paragraph (f) which is damaged by casualty
shall be |
| 425 |
reconstructed, repaired, or replaced as
necessary by the |
| 426 |
association as a common expense. All hazard
insurance |
| 427 |
deductibles, uninsured losses, and other
damages in excess of |
| 428 |
hazard insurance coverage under the hazard
insurance policies |
| 429 |
maintained by the association are a common
expense of the |
| 430 |
condominium, except that: |
| 431 |
1. A
unit owner is responsible for the costs of repair or |
| 432 |
replacement of any portion of the condominium
property not paid |
| 433 |
by insurance proceeds, if such damage is
caused by intentional |
| 434 |
conduct, negligence, or failure to comply with
the terms of the |
| 435 |
declaration or the rules of the association by
a unit owner, the |
| 436 |
members of his or her family, unit occupants,
tenants, guests, |
| 437 |
or invitees, without compromise of the
subrogation rights of any |
| 438 |
insurer as set forth in paragraph (g). |
| 439 |
2. The
provisions of subparagraph 1. regarding the |
| 440 |
financial responsibility of a unit owner for
the costs of |
| 441 |
repairing or replacing other portions of the
condominium |
| 442 |
property also applies to the costs of repair
or replacement of |
| 443 |
personal property of other unit owners or the
association, as |
| 444 |
well as other property, whether real or
personal, which the unit |
| 445 |
owners are required to insure under paragraph
(g). |
| 446 |
3. To
the extent the cost of repair or reconstruction for |
| 447 |
which the unit owner is responsible under this
paragraph is |
| 448 |
reimbursed to the association by insurance
proceeds, and, to the |
| 449 |
extent the association has collected the cost
of such repair or |
| 450 |
reconstruction from the unit owner, the
association shall |
| 451 |
reimburse the unit owner without the waiver of
any rights of |
| 452 |
subrogation. |
| 453 |
4. The
association is not obligated to pay for repair or |
| 454 |
reconstruction or repairs of casualty losses
as a common expense |
| 455 |
if the casualty losses were known or should
have been known to a |
| 456 |
unit owner and were not reported to the
association until after |
| 457 |
the insurance claim of the association for
that casualty was |
| 458 |
settled or resolved with finality, or denied
on the basis that |
| 459 |
it was untimely filed. |
| 460 |
(k) An
association may, upon the approval of a majority of |
| 461 |
the total voting interests in the association,
opt out of the |
| 462 |
provisions of paragraph (j) for the allocation
of repair or |
| 463 |
reconstruction expenses and allocate repair or
reconstruction |
| 464 |
expenses in the manner provided in the
declaration as originally |
| 465 |
recorded or as amended. Such vote may be
approved by the voting |
| 466 |
interests of the association without regard to
any mortgagee |
| 467 |
consent requirements. |
| 468 |
(l) In
a multicondominium association that has not |
| 469 |
consolidated its financial operations under s.
718.111(6), any |
| 470 |
condominium operated by the association may
opt out of the |
| 471 |
provisions of paragraph (j) with the approval
of a majority of |
| 472 |
the total voting interests in that
condominium. Such vote may be |
| 473 |
approved by the voting interests without
regard to any mortgagee |
| 474 |
consent requirements. |
| 475 |
(m) Any
association or condominium voting to opt out of |
| 476 |
the guidelines for repair or reconstruction
expenses as |
| 477 |
described in paragraph (j) must record a
notice setting forth |
| 478 |
the date of the opt-out vote and the page of
the official |
| 479 |
records book on which the declaration is
recorded. The decision |
| 480 |
to opt out is effective upon the date of
recording of the notice |
| 481 |
in the public records by the association. An
association that |
| 482 |
has voted to opt out of paragraph (j) may
reverse that decision |
| 483 |
by the same vote required in paragraphs (k)
and (l), and notice |
| 484 |
thereof shall be recorded in the official
records. |
| 485 |
(n) The
association is not obligated to pay for any |
| 486 |
reconstruction or repair expenses due to
casualty loss to any |
| 487 |
improvements installed by a current or former
owner of the unit |
| 488 |
or by the developer if the improvement
benefits only the unit |
| 489 |
for which it was installed and is not part of
the standard |
| 490 |
improvements installed by the developer on all
units as part of |
| 491 |
original construction, whether or not such
improvement is |
| 492 |
located within the unit. This paragraph does
not relieve any |
| 493 |
party of its obligations regarding recovery
due under any |
| 494 |
insurance implemented specifically for any
such improvements. |
| 495 |
(o) The
provisions of this subsection shall not apply to |
| 496 |
timeshare condominium associations. Insurance
for timeshare |
| 497 |
condominium associations shall be maintained
pursuant to s. |
| 498 |
721.165. Therefore, the Legislature
requires a report to be |
| 499 |
prepared by the Office of Insurance Regulation
of the Department |
| 500 |
of Financial Services for publication 18
months from the |
| 501 |
effective date of this act, evaluating premium
increases or |
| 502 |
decreases for associations, unit owner premium
increases or |
| 503 |
decreases, recommended changes to better
define common areas, or |
| 504 |
any other information the Office of Insurance
Regulation deems |
| 505 |
appropriate. |
| 506 |
(a) A
unit-owner controlled association operating a |
| 507 |
residential condominium shall use its best
efforts to obtain and |
| 508 |
maintain adequate insurance to protect the
association, the |
| 509 |
association property, the common elements, and
the condominium |
| 510 |
property required to be insured by the
association pursuant to |
| 511 |
paragraph (b). If the association is developer
controlled, the |
| 512 |
association shall exercise due diligence to
obtain and maintain |
| 513 |
such insurance. Failure to obtain and maintain
adequate |
| 514 |
insurance during any period of developer
control shall |
| 515 |
constitute a breach of fiduciary
responsibility by the |
| 516 |
developer-appointed members of the board of
directors of the |
| 517 |
association, unless said members can show that
despite such |
| 518 |
failure, they have exercised due diligence.
The declaration of |
| 519 |
condominium as originally recorded, or amended
pursuant to |
| 520 |
procedures provided therein, may require that
condominium |
| 521 |
property consisting of freestanding buildings
where there is no |
| 522 |
more than one building in or on such unit need
not be insured by |
| 523 |
the association if the declaration requires
the unit owner to |
| 524 |
obtain adequate insurance for the condominium
property. An |
| 525 |
association may also obtain and maintain
liability insurance for |
| 526 |
directors and officers, insurance for the
benefit of association |
| 527 |
employees, and flood insurance for common
elements, association |
| 528 |
property, and units. Adequate insurance,
regardless of any |
| 529 |
requirement in the declaration of condominium
for coverage by |
| 530 |
the association for "full insurable
value," "replacement cost," |
| 531 |
or the like, may include reasonable
deductibles as determined by |
| 532 |
the board based upon available funds or
predetermined assessment |
| 533 |
authority at the time that the insurance is
obtained. |
| 534 |
1. Windstorm
insurance coverage for a group of no fewer |
| 535 |
than three communities created and operating
under this chapter, |
| 536 |
chapter 719, chapter 720, or chapter 721 may
be obtained and |
| 537 |
maintained for the communities if the
insurance coverage is |
| 538 |
sufficient to cover an amount equal to the
probable maximum loss |
| 539 |
for the communities for a 250-year windstorm
event. Such |
| 540 |
probable maximum loss must be determined
through the use of a |
| 541 |
competent model that has been accepted by the
Florida Commission |
| 542 |
on Hurricane Loss Projection Methodology. Such
insurance |
| 543 |
coverage is deemed adequate windstorm
insurance for the purposes |
| 544 |
of this section. |
| 545 |
2. An
association or group of associations may self-insure |
| 546 |
against claims against the association, the
association |
| 547 |
property, and the condominium property
required to be insured by |
| 548 |
an association, upon compliance with the
applicable provisions |
| 549 |
of ss. 624.460-624.488, which shall be
considered adequate |
| 550 |
insurance for the purposes of this section. A
copy of each |
| 551 |
policy of insurance in effect shall be made
available for |
| 552 |
inspection by unit owners at reasonable times. |
| 553 |
(b) Every
hazard insurance policy issued or renewed on or |
| 554 |
after January 1, 2004, to protect the
condominium shall provide |
| 555 |
primary coverage for: |
| 556 |
1. All
portions of the condominium property located |
| 557 |
outside the units; |
| 558 |
2. The
condominium property located inside the units as |
| 559 |
such property was initially installed, or
replacements thereof |
| 560 |
of like kind and quality and in accordance
with the original |
| 561 |
plans and specifications or, if the original
plans and |
| 562 |
specifications are not available, as they
existed at the time |
| 563 |
the unit was initially conveyed; and |
| 564 |
3. All
portions of the condominium property for which the |
| 565 |
declaration of condominium requires coverage
by the association. |
| 566 |
|
| 567 |
Anything to the contrary notwithstanding, the
terms "condominium |
| 568 |
property," "building,"
"improvements," "insurable improvements," |
| 569 |
"common elements," "association
property," or any other term |
| 570 |
found in the declaration of condominium which
defines the scope |
| 571 |
of property or casualty insurance that a
condominium association |
| 572 |
must obtain shall exclude all floor, wall, and
ceiling |
| 573 |
coverings, electrical fixtures, appliances,
air conditioner or |
| 574 |
heating equipment, water heaters, water
filters, built-in |
| 575 |
cabinets and countertops, and window
treatments, including |
| 576 |
curtains, drapes, blinds, hardware, and
similar window treatment |
| 577 |
components, or replacements of any of the
foregoing which are |
| 578 |
located within the boundaries of a unit and
serve only one unit |
| 579 |
and all air conditioning compressors that
service only an |
| 580 |
individual unit, whether or not located within
the unit |
| 581 |
boundaries. The foregoing is intended to
establish the property |
| 582 |
or casualty insuring responsibilities of the
association and |
| 583 |
those of the individual unit owner and do not
serve to broaden |
| 584 |
or extend the perils of coverage afforded by
any insurance |
| 585 |
contract provided to the individual unit
owner. Beginning |
| 586 |
January 1, 2004, the association shall have
the authority to |
| 587 |
amend the declaration of condominium, without
regard to any |
| 588 |
requirement for mortgagee approval of
amendments affecting |
| 589 |
insurance requirements, to conform the
declaration of |
| 590 |
condominium to the coverage requirements of
this section. |
| 591 |
(c) Every
hazard insurance policy issued or renewed on or |
| 592 |
after January 1, 2004, to an individual unit
owner shall provide |
| 593 |
that the coverage afforded by such policy is
excess over the |
| 594 |
amount recoverable under any other policy
covering the same |
| 595 |
property. Each insurance policy issued to an
individual unit |
| 596 |
owner providing such coverage shall be without
rights of |
| 597 |
subrogation against the condominium
association that operates |
| 598 |
the condominium in which such unit owner's
unit is located. All |
| 599 |
real or personal property located within the
boundaries of the |
| 600 |
unit owner's unit which is excluded from the
coverage to be |
| 601 |
provided by the association as set forth in
paragraph (b) shall |
| 602 |
be insured by the individual unit owner. |
| 603 |
(d) The
association shall obtain and maintain adequate |
| 604 |
insurance or fidelity bonding of all persons
who control or |
| 605 |
disburse funds of the association. The
insurance policy or |
| 606 |
fidelity bond must cover the maximum funds
that will be in the |
| 607 |
custody of the association or its management
agent at any one |
| 608 |
time. As used in this paragraph, the term
"persons who control |
| 609 |
or disburse funds of the association"
includes, but is not |
| 610 |
limited to, those individuals authorized to
sign checks and the |
| 611 |
president, secretary, and treasurer of the
association. The |
| 612 |
association shall bear the cost of bonding. |
| 613 |
Section 4. Paragraph
(a) of subsection (1) of section |
| 614 |
718.115, Florida Statutes, is amended to read: |
| 615 |
718.115 Common
expenses and common surplus.-- |
| 616 |
(1)(a) Common
expenses include the expenses of the |
| 617 |
operation, maintenance, repair, replacement, or
protection of |
| 618 |
the common elements and association property,
costs of carrying |
| 619 |
out the powers and duties of the association, and
any other |
| 620 |
expense, whether or not included in the
foregoing, designated as |
| 621 |
common expense by this chapter, the declaration,
the documents |
| 622 |
creating the association, or the bylaws. Common
expenses also |
| 623 |
include reasonable transportation services,
insurance for |
| 624 |
directors and officers, road maintenance and
operation expenses, |
| 625 |
in-house communications, and security services,
which are |
| 626 |
reasonably related to the general benefit of the
unit owners |
| 627 |
even if such expenses do not attach to the common
elements or |
| 628 |
property of the condominium. However, such common
expenses must |
| 629 |
either have been services or items provided on or
after the date |
| 630 |
control of the association is transferred from
the developer to |
| 631 |
the unit owners or must be services or items
provided for in the |
| 632 |
condominium documents or bylaws. Unless the
manner of payment or |
| 633 |
allocation of expenses is otherwise addressed
in the declaration |
| 634 |
of condominium, the expenses of any items or
services required |
| 635 |
by any federal, state, or local governmental
entity to be |
| 636 |
installed, maintained, or supplied to the
condominium property |
| 637 |
by the association, including, but not limited
to, fire safety |
| 638 |
equipment or water and sewer service where a
master meter serves |
| 639 |
the condominium, shall be common expenses
whether or not such |
| 640 |
items or services are specifically identified
as common expenses |
| 641 |
in the declaration of condominium, articles of
incorporation, or |
| 642 |
bylaws of the association. |
| 643 |
Section 5. Subsection
(8) of section 718.116, Florida |
| 644 |
Statutes, is amended to read: |
| 645 |
718.116 Assessments;
liability; lien and priority; |
| 646 |
interest; collection.-- |
| 647 |
(8) Within
15 days after receiving a written request |
| 648 |
therefor from a unit owner or his or her
designee purchaser, or |
| 649 |
a unit mortgagee or his or her designee,
the association shall |
| 650 |
provide a certificate signed by an officer or
agent of the |
| 651 |
association stating all assessments and other
moneys owed to the |
| 652 |
association by the unit owner with respect to the
condominium |
| 653 |
parcel. |
| 654 |
(a) Any
person other than the owner who relies upon such |
| 655 |
certificate shall be protected thereby. |
| 656 |
(b) A
summary proceeding pursuant to s. 51.011 may be |
| 657 |
brought to compel compliance with this
subsection, and in any |
| 658 |
such action the prevailing party is entitled to
recover |
| 659 |
reasonable attorney's fees. |
| 660 |
(c) Notwithstanding
any limitation on transfer fees |
| 661 |
contained in s. 718.112(2)(i), the association or
its authorized |
| 662 |
agent may charge a reasonable fee for the
preparation of the |
| 663 |
certificate. The amount of the fee must be
included on the |
| 664 |
certificate. |
| 665 |
(d) The
authority to charge a fee for the certificate |
| 666 |
shall be established by a written resolution
adopted by the |
| 667 |
board or provided by a written management,
bookkeeping, or |
| 668 |
maintenance contract and is payable upon the
preparation of the |
| 669 |
certificate. If the certificate is requested
in conjunction with |
| 670 |
the sale or mortgage of a unit but the closing
does not occur |
| 671 |
and no later than 30 days after the closing
date for which the |
| 672 |
certificate was sought the preparer receives a
written request, |
| 673 |
accompanied by reasonable documentation, that
the sale did not |
| 674 |
occur from a payer that is not the unit owner,
the fee shall be |
| 675 |
refunded to that payer within 30 days after
receipt of the |
| 676 |
request. The refund is the obligation of the
unit owner, and the |
| 677 |
association may collect it from that owner in
the same manner as |
| 678 |
an assessment as provided in this section. |
| 679 |
Section 6. Paragraph
(c) of subsection (17) of section |
| 680 |
718.117, Florida Statutes, is amended to read: |
| 681 |
718.117 Termination
of condominium.-- |
| 682 |
(17) DISTRIBUTION.-- |
| 683 |
(c) The
proceeds from any sale of condominium property or |
| 684 |
association property and any remaining
condominium property or |
| 685 |
association property, common surplus, and other
assets shall be |
| 686 |
distributed in the following priority: |
| 687 |
1. To
pay the reasonable termination trustee's fees and |
| 688 |
costs and accounting fees and costs. |
| 689 |
2. To
lienholders of liens recorded prior to the recording |
| 690 |
of the declaration. |
| 691 |
3. To
purchase-money lienholders on units to the extent |
| 692 |
necessary to satisfy their liens; however, the
distribution may |
| 693 |
not exceed a unit owner's share of the
proceeds. |
| 694 |
4. To
lienholders of liens of the association which have |
| 695 |
been consented to under s. 718.121(1). |
| 696 |
5. To
creditors of the association, as their interests |
| 697 |
appear. |
| 698 |
6. To
unit owners, the proceeds of any sale of condominium |
| 699 |
property subject to satisfaction of liens on each
unit in their |
| 700 |
order of priority, in shares specified in the
plan of |
| 701 |
termination, unless objected to by a unit owner
or lienor as |
| 702 |
provided in paragraph (b). |
| 703 |
7. To
unit owners, the remaining condominium property, |
| 704 |
subject to satisfaction of liens on each unit in
their order of |
| 705 |
priority, in shares specified in the plan of
termination, unless |
| 706 |
objected to by a unit owner or a lienor as
provided in paragraph |
| 707 |
(b). |
| 708 |
8. To
unit owners, the proceeds of any sale of association |
| 709 |
property, the remaining association property,
common surplus, |
| 710 |
and other assets of the association, subject to
satisfaction of |
| 711 |
liens on each unit in their order of priority, in
shares |
| 712 |
specified in the plan of termination, unless
objected to by a |
| 713 |
unit owner or a lienor as provided in paragraph
(b). |
| 714 |
Section 7. Section
720.30851, Florida Statutes, is created |
| 715 |
to read: |
| 716 |
720.30851 Estoppel
certificates.--Within 15 days after the |
| 717 |
date on which a request for an estoppel
certificate is received |
| 718 |
from a parcel owner or mortgagee, or his or
her designee, the |
| 719 |
association shall provide a certificate signed
by an officer or |
| 720 |
authorized agent of the association stating
all assessments and |
| 721 |
other moneys owed to the association by the
parcel owner or |
| 722 |
mortgagee with respect to the parcel. An
association may charge |
| 723 |
a fee for the preparation of such certificate,
and the amount of |
| 724 |
such fee must be stated on the certificate. |
| 725 |
(1) Any
person other than a parcel owner who relies upon a |
| 726 |
certificate receives the benefits and
protection thereof. |
| 727 |
(2) A
summary proceeding pursuant to s. 51.011 may be |
| 728 |
brought to compel compliance with this
section, and the |
| 729 |
prevailing party is entitled to recover
reasonable attorney's |
| 730 |
fees. |
| 731 |
(3) The
authority to charge a fee for the certificate |
| 732 |
shall be established by a written resolution
adopted by the |
| 733 |
board or provided by a written management,
bookkeeping, or |
| 734 |
maintenance contract and is payable upon the
preparation of the |
| 735 |
certificate. If the certificate is requested
in conjunction with |
| 736 |
the sale or mortgage of a parcel but the
closing does not occur |
| 737 |
and no later than 30 days after the closing
date for which the |
| 738 |
certificate was sought the preparer receives a
written request, |
| 739 |
accompanied by reasonable documentation, that
the sale did not |
| 740 |
occur from a payer that is not the parcel
owner, the fee shall |
| 741 |
be refunded to that payer within 30 days after
receipt of the |
| 742 |
request. The refund is the obligation of the
parcel owner, and |
| 743 |
the association may collect it from that owner
in the same |
| 744 |
manner as an assessment as provided in this
section. |
| 745 |
Section 8. Paragraphs
(d) and (j) of subsection (2) of |
| 746 |
section 20.165, Florida Statutes, are amended to
read: |
| 747 |
20.165 Department
of Business and Professional |
| 748 |
Regulation.--There is created a Department of
Business and |
| 749 |
Professional Regulation. |
| 750 |
(2) The
following divisions of the Department of Business |
| 751 |
and Professional Regulation are established: |
| 752 |
(d) Division
of Florida Land Sales, Condominiums, |
| 753 |
Timeshares, and Mobile Homes. |
| 754 |
(j) Division
of Technology, Licensure, and Testing. |
| 755 |
Section 9. Subsection
(2) of section 73.073, Florida |
| 756 |
Statutes, is amended to read: |
| 757 |
73.073 Eminent
domain procedure with respect to |
| 758 |
condominium common elements.-- |
| 759 |
(2) With
respect to the exercise of eminent domain or a |
| 760 |
negotiated sale for the purchase or taking of a
portion of the |
| 761 |
common elements of a condominium, the condemning
authority shall |
| 762 |
have the responsibility of contacting the
condominium |
| 763 |
association and acquiring the most recent rolls
indicating the |
| 764 |
names of the unit owners or contacting the
appropriate taxing |
| 765 |
authority to obtain the names of the owners of
record on the tax |
| 766 |
rolls. Notification shall thereupon be
sent by certified mail, |
| 767 |
return receipt requested, to the unit owners of
record of the |
| 768 |
condominium units by the condemning authority
indicating the |
| 769 |
intent to purchase or take the required property
and requesting |
| 770 |
a response from the unit owner. The condemning
authority shall |
| 771 |
be responsible for the expense of sending
notification pursuant |
| 772 |
to this section. Such notice shall, at a minimum,
include: |
| 773 |
(a) The
name and address of the condemning authority. |
| 774 |
(b) A
written or visual description of the property. |
| 775 |
(c) The
public purpose for which the property is needed. |
| 776 |
(d) The
appraisal value of the property. |
| 777 |
(e) A
clear, concise statement relating to the unit |
| 778 |
owner's right to object to the taking or
appraisal value and the |
| 779 |
procedures and effects of exercising that right. |
| 780 |
(f) A
clear, concise statement relating to the power of |
| 781 |
the association to convey the property on behalf
of the unit |
| 782 |
owners if no objection to the taking or appraisal
value is |
| 783 |
raised, and the effects of this alternative on
the unit owner. |
| 784 |
|
| 785 |
The Division of Florida Land Sales,
Condominiums, Timeshares, |
| 786 |
and Mobile Homes of the Department of Business
and Professional |
| 787 |
Regulation may adopt, by rule, a standard form
for such notice |
| 788 |
and may require the notice to include any
additional relevant |
| 789 |
information. |
| 790 |
Section 10. Subsections
(2) and (3) of section 190.009, |
| 791 |
Florida Statutes, are amended to read: |
| 792 |
190.009 Disclosure
of public financing.-- |
| 793 |
(2) The
Division of Florida Land Sales, Condominiums, and |
| 794 |
Mobile Homes of the Department of Business and
Professional |
| 795 |
Regulation shall ensure that disclosures made
by developers |
| 796 |
pursuant to chapter 498 meet the requirements
of subsection (1). |
| 797 |
(2)(3) The
Department of Community Affairs shall keep a |
| 798 |
current list of districts and their disclosures
pursuant to this |
| 799 |
act and shall make such studies and reports and
take such |
| 800 |
actions as it deems necessary. |
| 801 |
Section 11. Paragraph
(e) of subsection (6) of section |
| 802 |
192.037, Florida Statutes, is amended to read: |
| 803 |
192.037 Fee
timeshare real property; taxes and |
| 804 |
assessments; escrow.-- |
| 805 |
(6) |
| 806 |
(e) On
or before May 1 of each year, a statement of |
| 807 |
receipts and disbursements of the escrow account
must be filed |
| 808 |
with the Division of Florida Land Sales,
Condominiums, |
| 809 |
Timeshares, and Mobile Homes of the
Department of Business and |
| 810 |
Professional Regulation, which may enforce this
paragraph |
| 811 |
pursuant to s. 721.26. This statement must
appropriately show |
| 812 |
the amount of principal and interest in such
account. |
| 813 |
Section 12. Paragraph
(i) of subsection (8) of section |
| 814 |
213.053, Florida Statutes, is amended to read: |
| 815 |
213.053 Confidentiality
and information sharing.-- |
| 816 |
(8) Notwithstanding
any other provision of this section, |
| 817 |
the department may provide: |
| 818 |
(i) Information
relative to chapters 212 and 326 to the |
| 819 |
Division of Florida Land Sales,
Condominiums, Timeshares, and |
| 820 |
Mobile Homes of the Department of Business and
Professional |
| 821 |
Regulation in the conduct of its official duties. |
| 822 |
|
| 823 |
Disclosure of information under this subsection
shall be |
| 824 |
pursuant to a written agreement between the
executive director |
| 825 |
and the agency. Such agencies, governmental or
nongovernmental, |
| 826 |
shall be bound by the same requirements of
confidentiality as |
| 827 |
the Department of Revenue. Breach of
confidentiality is a |
| 828 |
misdemeanor of the first degree, punishable as
provided by s. |
| 829 |
775.082 or s. 775.083. |
| 830 |
Section 13. Paragraph
(d) of subsection (4) of section |
| 831 |
215.20, Florida Statutes, is amended to read: |
| 832 |
215.20 Certain
income and certain trust funds to |
| 833 |
contribute to the General Revenue Fund.-- |
| 834 |
(4) The
income of a revenue nature deposited in the |
| 835 |
following described trust funds, by whatever name
designated, is |
| 836 |
that from which the appropriations authorized by
subsection (3) |
| 837 |
shall be made: |
| 838 |
(d) Within
the Department of Business and Professional |
| 839 |
Regulation: |
| 840 |
1. The
Administrative Trust Fund. |
| 841 |
2. The
Alcoholic Beverage and Tobacco Trust Fund. |
| 842 |
3. The
Cigarette Tax Collection Trust Fund. |
| 843 |
4. The
Division of Florida Land Sales, Condominiums, |
| 844 |
Timeshares, and Mobile Homes Trust Fund. |
| 845 |
5. The
Hotel and Restaurant Trust Fund, with the exception |
| 846 |
of those fees collected for the purpose of
funding of the |
| 847 |
hospitality education program as stated in s.
509.302. |
| 848 |
6. The
Professional Regulation Trust Fund. |
| 849 |
7. The
trust funds administered by the Division of Pari- |
| 850 |
mutuel Wagering. |
| 851 |
|
| 852 |
The enumeration of the foregoing moneys or trust
funds shall not |
| 853 |
prohibit the applicability thereto of s.
215.24 should the |
| 854 |
Governor determine that for the reasons mentioned
in s. 215.24 |
| 855 |
the money or trust funds should be exempt
herefrom, as it is the |
| 856 |
purpose of this law to exempt income from its
force and effect |
| 857 |
when, by the operation of this law, federal
matching funds or |
| 858 |
contributions or private grants to any trust fund
would be lost |
| 859 |
to the state. |
| 860 |
Section 14. Subsection
(2) of section 326.002, Florida |
| 861 |
Statutes, is amended to read: |
| 862 |
326.002 Definitions.--As
used in ss. 326.001-326.006, the |
| 863 |
term: |
| 864 |
(2) "Division"
means the Division of Florida Land Sales, |
| 865 |
Condominiums, Timeshares, and Mobile Homes
of the Department of |
| 866 |
Business and Professional Regulation. |
| 867 |
Section 15. Paragraph
(d) of subsection (2) and subsection |
| 868 |
(3) of section 326.006, Florida Statutes, are
amended to read: |
| 869 |
326.006 Powers
and duties of division.-- |
| 870 |
(2) The
division has the power to enforce and ensure |
| 871 |
compliance with the provisions of this chapter
and rules adopted |
| 872 |
under this chapter relating to the sale and
ownership of yachts |
| 873 |
and ships. In performing its duties, the division
has the |
| 874 |
following powers and duties: |
| 875 |
(d) Notwithstanding
any remedies available to a yacht or |
| 876 |
ship purchaser, if the division has reasonable
cause to believe |
| 877 |
that a violation of any provision of this chapter
or rule |
| 878 |
adopted under this chapter has occurred, the
division may |
| 879 |
institute enforcement proceedings in its own name
against any |
| 880 |
broker or salesperson or any of his or her
assignees or agents, |
| 881 |
or against any unlicensed person or any of his or
her assignees |
| 882 |
or agents, as follows: |
| 883 |
1. The
division may permit a person whose conduct or |
| 884 |
actions are under investigation to waive formal
proceedings and |
| 885 |
enter into a consent proceeding whereby orders,
rules, or |
| 886 |
letters of censure or warning, whether formal or
informal, may |
| 887 |
be entered against the person. |
| 888 |
2. The
division may issue an order requiring the broker or |
| 889 |
salesperson or any of his or her assignees or
agents, or |
| 890 |
requiring any unlicensed person or any of his or
her assignees |
| 891 |
or agents, to cease and desist from the unlawful
practice and |
| 892 |
take such affirmative action as in the judgment
of the division |
| 893 |
will carry out the purposes of this chapter. |
| 894 |
3. The
division may bring an action in circuit court on |
| 895 |
behalf of a class of yacht or ship purchasers for
declaratory |
| 896 |
relief, injunctive relief, or restitution. |
| 897 |
4. The
division may impose a civil penalty against a |
| 898 |
broker or salesperson or any of his or her
assignees or agents, |
| 899 |
or against an unlicensed person or any of his or
her assignees |
| 900 |
or agents, for any violation of this chapter or a
rule adopted |
| 901 |
under this chapter. A penalty may be imposed for
each day of |
| 902 |
continuing violation, but in no event may the
penalty for any |
| 903 |
offense exceed $10,000. All amounts collected
must be deposited |
| 904 |
with the Chief Financial Officer to the credit of
the Division |
| 905 |
of Florida Land Sales, Condominiums, Timeshares,
and Mobile |
| 906 |
Homes Trust Fund. If a broker, salesperson, or
unlicensed person |
| 907 |
working for a broker, fails to pay the civil
penalty, the |
| 908 |
division shall thereupon issue an order
suspending the broker's |
| 909 |
license until such time as the civil penalty is
paid or may |
| 910 |
pursue enforcement of the penalty in a court of
competent |
| 911 |
jurisdiction. The order imposing the civil
penalty or the order |
| 912 |
of suspension may not become effective until 20
days after the |
| 913 |
date of such order. Any action commenced by the
division must be |
| 914 |
brought in the county in which the division has
its executive |
| 915 |
offices or in the county where the violation
occurred. |
| 916 |
(3) All
fees must be deposited in the Division of Florida |
| 917 |
Land Sales, Condominiums, Timeshares,
and Mobile Homes Trust |
| 918 |
Fund as provided by law. |
| 919 |
Section 16. Subsection
(18) of section 380.05, Florida |
| 920 |
Statutes, is amended to read: |
| 921 |
380.05 Areas
of critical state concern.-- |
| 922 |
(18) Neither
the designation of an area of critical state |
| 923 |
concern nor the adoption of any regulations for
such an area |
| 924 |
shall in any way limit or modify the rights of
any person to |
| 925 |
complete any development that was
has
been authorized by |
| 926 |
registration of a subdivision pursuant to former
chapter 498 or |
| 927 |
former chapter 478, by recordation pursuant to
local subdivision |
| 928 |
plat law, or by a building permit or other
authorization to |
| 929 |
commence development on which there has been
reliance and a |
| 930 |
change of position, and which registration or
recordation was |
| 931 |
accomplished, or which permit or authorization
was issued, prior |
| 932 |
to the approval under subsection (6), or the
adoption under |
| 933 |
subsection (8), of land development regulations
for the area of |
| 934 |
critical state concern. If a developer has by his
or her actions |
| 935 |
in reliance on prior regulations obtained vested
or other legal |
| 936 |
rights that in law would have prevented a local
government from |
| 937 |
changing those regulations in a way adverse to
the developer's |
| 938 |
interests, nothing in this chapter authorizes any
governmental |
| 939 |
agency to abridge those rights. |
| 940 |
Section 17. Subsection
(20) of section 380.06, Florida |
| 941 |
Statutes, is amended to read: |
| 942 |
380.06 Developments
of regional impact.-- |
| 943 |
(20) VESTED
RIGHTS.--Nothing in this section shall limit |
| 944 |
or modify the rights of any person to complete
any development |
| 945 |
that was has been authorized by
registration of a subdivision |
| 946 |
pursuant to former chapter 498, by
recordation pursuant to local |
| 947 |
subdivision plat law, or by a building permit or
other |
| 948 |
authorization to commence development on which
there has been |
| 949 |
reliance and a change of position and which
registration or |
| 950 |
recordation was accomplished, or which permit or
authorization |
| 951 |
was issued, prior to July 1, 1973. If a developer
has, by his or |
| 952 |
her actions in reliance on prior regulations,
obtained vested or |
| 953 |
other legal rights that in law would have
prevented a local |
| 954 |
government from changing those regulations in a
way adverse to |
| 955 |
the developer's interests, nothing in this
chapter authorizes |
| 956 |
any governmental agency to abridge those rights. |
| 957 |
(a) For
the purpose of determining the vesting of rights |
| 958 |
under this subsection, approval pursuant to local
subdivision |
| 959 |
plat law, ordinances, or regulations of a
subdivision plat by |
| 960 |
formal vote of a county or municipal governmental
body having |
| 961 |
jurisdiction after August 1, 1967, and prior to
July 1, 1973, is |
| 962 |
sufficient to vest all property rights for the
purposes of this |
| 963 |
subsection; and no action in reliance on, or
change of position |
| 964 |
concerning, such local governmental approval is
required for |
| 965 |
vesting to take place. Anyone claiming vested
rights under this |
| 966 |
paragraph must so notify the department in
writing by January 1, |
| 967 |
1986. Such notification shall include information
adequate to |
| 968 |
document the rights established by this
subsection. When such |
| 969 |
notification requirements are met, in order for
the vested |
| 970 |
rights authorized pursuant to this paragraph to
remain valid |
| 971 |
after June 30, 1990, development of the vested
plan must be |
| 972 |
commenced prior to that date upon the property
that the state |
| 973 |
land planning agency has determined to have
acquired vested |
| 974 |
rights following the notification or in a binding
letter of |
| 975 |
interpretation. When the notification
requirements have not been |
| 976 |
met, the vested rights authorized by this
paragraph shall expire |
| 977 |
June 30, 1986, unless development commenced prior
to that date. |
| 978 |
(b) For
the purpose of this act, the conveyance of, or the |
| 979 |
agreement to convey, property to the county,
state, or local |
| 980 |
government as a prerequisite to zoning change
approval shall be |
| 981 |
construed as an act of reliance to vest rights as
determined |
| 982 |
under this subsection, provided such zoning
change is actually |
| 983 |
granted by such government. |
| 984 |
Section 18. Paragraph
(a) of subsection (4) of section |
| 985 |
380.0651, Florida Statutes, is amended to read: |
| 986 |
380.0651 Statewide
guidelines and standards.-- |
| 987 |
(4) Two
or more developments, represented by their owners |
| 988 |
or developers to be separate developments, shall
be aggregated |
| 989 |
and treated as a single development under this
chapter when they |
| 990 |
are determined to be part of a unified plan of
development and |
| 991 |
are physically proximate to one other. |
| 992 |
(a) The
criteria of two of the following subparagraphs |
| 993 |
must be met in order for the state land planning
agency to |
| 994 |
determine that there is a unified plan of
development: |
| 995 |
1.a. The
same person has retained or shared control of the |
| 996 |
developments; |
| 997 |
b. The
same person has ownership or a significant legal or |
| 998 |
equitable interest in the developments; or |
| 999 |
c. There
is common management of the developments |
| 1000 |
controlling the form of physical development or
disposition of |
| 1001 |
parcels of the development. |
| 1002 |
2. There
is a reasonable closeness in time between the |
| 1003 |
completion of 80 percent or less of one
development and the |
| 1004 |
submission to a governmental agency of a master
plan or series |
| 1005 |
of plans or drawings for the other development
which is |
| 1006 |
indicative of a common development effort. |
| 1007 |
3. A
master plan or series of plans or drawings exists |
| 1008 |
covering the developments sought to be aggregated
which have |
| 1009 |
been submitted to a local general-purpose
government, water |
| 1010 |
management district, the Florida Department of
Environmental |
| 1011 |
Protection, or the Division of Florida Land
Sales, Condominiums, |
| 1012 |
Timeshares, and Mobile Homes for
authorization to commence |
| 1013 |
development. The existence or implementation of a
utility's |
| 1014 |
master utility plan required by the Public
Service Commission or |
| 1015 |
general-purpose local government or a master
drainage plan shall |
| 1016 |
not be the sole determinant of the existence of a
master plan. |
| 1017 |
4. The
voluntary sharing of infrastructure that is |
| 1018 |
indicative of a common development effort or is
designated |
| 1019 |
specifically to accommodate the developments
sought to be |
| 1020 |
aggregated, except that which was implemented
because it was |
| 1021 |
required by a local general-purpose government;
water management |
| 1022 |
district; the Department of Environmental
Protection; the |
| 1023 |
Division of Florida Land Sales,
Condominiums, Timeshares, and |
| 1024 |
Mobile Homes; or the Public Service Commission. |
| 1025 |
5. There
is a common advertising scheme or promotional |
| 1026 |
plan in effect for the developments sought to be
aggregated. |
| 1027 |
Section 19. Paragraph
(c) of subsection (4) of section |
| 1028 |
381.0065, Florida Statutes, is amended to read: |
| 1029 |
381.0065 Onsite
sewage treatment and disposal systems; |
| 1030 |
regulation.-- |
| 1031 |
(4) PERMITS;
INSTALLATION; AND CONDITIONS.--A person may |
| 1032 |
not construct, repair, modify, abandon, or
operate an onsite |
| 1033 |
sewage treatment and disposal system without
first obtaining a |
| 1034 |
permit approved by the department. The department
may issue |
| 1035 |
permits to carry out this section, but shall not
make the |
| 1036 |
issuance of such permits contingent upon prior
approval by the |
| 1037 |
Department of Environmental Protection, except
that the issuance |
| 1038 |
of a permit for work seaward of the coastal
construction control |
| 1039 |
line established under s. 161.053 shall be
contingent upon |
| 1040 |
receipt of any required coastal construction
control line permit |
| 1041 |
from the Department of Environmental Protection.
A construction |
| 1042 |
permit is valid for 18 months from the issuance
date and may be |
| 1043 |
extended by the department for one 90-day period
under rules |
| 1044 |
adopted by the department. A repair permit is
valid for 90 days |
| 1045 |
from the date of issuance. An operating permit
must be obtained |
| 1046 |
prior to the use of any aerobic treatment unit or
if the |
| 1047 |
establishment generates commercial waste.
Buildings or |
| 1048 |
establishments that use an aerobic treatment unit
or generate |
| 1049 |
commercial waste shall be inspected by the
department at least |
| 1050 |
annually to assure compliance with the terms of
the operating |
| 1051 |
permit. The operating permit for a commercial
wastewater system |
| 1052 |
is valid for 1 year from the date of issuance and
must be |
| 1053 |
renewed annually. The operating permit for an
aerobic treatment |
| 1054 |
unit is valid for 2 years from the date of
issuance and must be |
| 1055 |
renewed every 2 years. If all information
pertaining to the |
| 1056 |
siting, location, and installation conditions or
repair of an |
| 1057 |
onsite sewage treatment and disposal system
remains the same, a |
| 1058 |
construction or repair permit for the onsite
sewage treatment |
| 1059 |
and disposal system may be transferred to another
person, if the |
| 1060 |
transferee files, within 60 days after the
transfer of |
| 1061 |
ownership, an amended application providing all
corrected |
| 1062 |
information and proof of ownership of the
property. There is no |
| 1063 |
fee associated with the processing of this
supplemental |
| 1064 |
information. A person may not contract to
construct, modify, |
| 1065 |
alter, repair, service, abandon, or maintain any
portion of an |
| 1066 |
onsite sewage treatment and disposal system
without being |
| 1067 |
registered under part III of chapter 489. A
property owner who |
| 1068 |
personally performs construction, maintenance, or
repairs to a |
| 1069 |
system serving his or her own owner-occupied
single-family |
| 1070 |
residence is exempt from registration
requirements for |
| 1071 |
performing such construction, maintenance, or
repairs on that |
| 1072 |
residence, but is subject to all permitting
requirements. A |
| 1073 |
municipality or political subdivision of the
state may not issue |
| 1074 |
a building or plumbing permit for any building
that requires the |
| 1075 |
use of an onsite sewage treatment and disposal
system unless the |
| 1076 |
owner or builder has received a construction
permit for such |
| 1077 |
system from the department. A building or
structure may not be |
| 1078 |
occupied and a municipality, political
subdivision, or any state |
| 1079 |
or federal agency may not authorize occupancy
until the |
| 1080 |
department approves the final installation of the
onsite sewage |
| 1081 |
treatment and disposal system. A municipality or
political |
| 1082 |
subdivision of the state may not approve any
change in occupancy |
| 1083 |
or tenancy of a building that uses an onsite
sewage treatment |
| 1084 |
and disposal system until the department has
reviewed the use of |
| 1085 |
the system with the proposed change, approved the
change, and |
| 1086 |
amended the operating permit. |
| 1087 |
(c) Notwithstanding
the provisions of paragraphs (a) and |
| 1088 |
(b), for subdivisions platted of record on or
before October 1, |
| 1089 |
1991, when a developer or other appropriate
entity has |
| 1090 |
previously made or makes provisions, including
financial |
| 1091 |
assurances or other commitments, acceptable to
the Department of |
| 1092 |
Health, that a central water system will be
installed by a |
| 1093 |
regulated public utility based on a density
formula, private |
| 1094 |
potable wells may be used with onsite sewage
treatment and |
| 1095 |
disposal systems until the agreed-upon densities
are reached. |
| 1096 |
The department may consider assurances filed
with the Department |
| 1097 |
of Business and Professional Regulation under
chapter 498 in |
| 1098 |
determining the adequacy of the financial
assurance required by |
| 1099 |
this paragraph. In a subdivision regulated
by this paragraph, |
| 1100 |
the average daily sewage flow may not exceed
2,500 gallons per |
| 1101 |
acre per day. This section does not affect the
validity of |
| 1102 |
existing prior agreements. After October 1, 1991,
the exception |
| 1103 |
provided under this paragraph is not available to
a developer or |
| 1104 |
other appropriate entity. |
| 1105 |
Section 20. Subsections
(8) through (12) of section |
| 1106 |
450.33, Florida Statutes, are amended to read: |
| 1107 |
450.33 Duties
of farm labor contractor.--Every farm labor |
| 1108 |
contractor must: |
| 1109 |
(8) File,
within such time as the department may |
| 1110 |
prescribe, a set of his or her fingerprints. |
| 1111 |
(8)(9) Produce
evidence to the department that each |
| 1112 |
vehicle he or she uses for the transportation of
employees |
| 1113 |
complies with the requirements and specifications
established in |
| 1114 |
chapter 316, s. 316.622, or Pub. L. No. 93-518 as
amended by |
| 1115 |
Pub. L. No. 97-470 meeting Department of
Transportation |
| 1116 |
requirements or, in lieu thereof, bears a valid
inspection |
| 1117 |
sticker showing that the vehicle has passed the
inspection in |
| 1118 |
the state in which the vehicle is registered. |
| 1119 |
(9)(10) Comply
with all applicable statutes, rules, and |
| 1120 |
regulations of the United States and of the State
of Florida for |
| 1121 |
the protection or benefit of labor, including,
but not limited |
| 1122 |
to, those providing for wages, hours, fair labor
standards, |
| 1123 |
social security, workers' compensation,
unemployment |
| 1124 |
compensation, child labor, and transportation. |
| 1125 |
(10)(11) Maintain
accurate daily field records for each |
| 1126 |
employee actually paid by the farm labor
contractor reflecting |
| 1127 |
the hours worked for the farm labor contractor
and, if paid by |
| 1128 |
unit, the number of units harvested and the
amount paid per |
| 1129 |
unit. |
| 1130 |
(11)(12) Clearly
display on each vehicle used to transport |
| 1131 |
migrant or seasonal farm workers a display
sticker issued by the |
| 1132 |
department, which states that the vehicle is
authorized by the |
| 1133 |
department to transport farm workers and the
expiration date of |
| 1134 |
the authorization. |
| 1135 |
Section 21. Subsection
(10) is added to section 455.203, |
| 1136 |
Florida Statutes, to read: |
| 1137 |
455.203 Department;
powers and duties.--The department, |
| 1138 |
for the boards under its jurisdiction, shall: |
| 1139 |
(10) Have
authority to: |
| 1140 |
(a) Close
and terminate deficient license application |
| 1141 |
files 2 years after the board or the
department notifies the |
| 1142 |
applicant of the deficiency; and |
| 1143 |
(b) Approve
applications for professional licenses that |
| 1144 |
meet all statutory and rule requirements for
licensure. |
| 1145 |
Section 22. Subsection
(5) of section 455.116, Florida |
| 1146 |
Statutes, is amended to read: |
| 1147 |
455.116 Regulation
trust funds.--The following trust funds |
| 1148 |
shall be placed in the department: |
| 1149 |
(5) Division
of Florida Land Sales, Condominiums, |
| 1150 |
Timeshares, and Mobile Homes Trust Fund. |
| 1151 |
Section 23. Subsection
(1) of section 455.217, Florida |
| 1152 |
Statutes, is amended to read: |
| 1153 |
455.217 Examinations.--This
section shall be read in |
| 1154 |
conjunction with the appropriate practice act
associated with |
| 1155 |
each regulated profession under this chapter. |
| 1156 |
(1) The
Division of Technology, Licensure, and Testing of |
| 1157 |
the Department of Business and Professional
Regulation shall |
| 1158 |
provide, contract, or approve services for the
development, |
| 1159 |
preparation, administration, scoring, score
reporting, and |
| 1160 |
evaluation of all examinations. The division
shall seek the |
| 1161 |
advice of the appropriate board in providing such
services. |
| 1162 |
(a) The
department, acting in conjunction with the |
| 1163 |
Division of Technology, Licensure, and Testing
and the Division |
| 1164 |
of Real Estate, as appropriate, shall ensure that
examinations |
| 1165 |
adequately and reliably measure an applicant's
ability to |
| 1166 |
practice the profession regulated by the
department. After an |
| 1167 |
examination developed or approved by the
department has been |
| 1168 |
administered, the board or department may reject
any question |
| 1169 |
which does not reliably measure the general areas
of competency |
| 1170 |
specified in the rules of the board or
department, when there is |
| 1171 |
no board. The department shall use professional
testing services |
| 1172 |
for the development, preparation, and evaluation
of |
| 1173 |
examinations, when such services are available
and approved by |
| 1174 |
the board. |
| 1175 |
(b) For
each examination developed by the department or |
| 1176 |
contracted vendor, to the extent not otherwise
specified by |
| 1177 |
statute, the board or the department when there
is no board, |
| 1178 |
shall by rule specify the general areas of
competency to be |
| 1179 |
covered by the examination, the relative weight
to be assigned |
| 1180 |
in grading each area tested, the score necessary
to achieve a |
| 1181 |
passing grade, and the fees, where applicable, to
cover the |
| 1182 |
actual cost for any purchase, development, and
administration of |
| 1183 |
the required examination. However, statutory fee
caps in each |
| 1184 |
practice act shall apply. This subsection does
not apply to |
| 1185 |
national examinations approved and administered
pursuant to |
| 1186 |
paragraph (d). |
| 1187 |
(c) If a
practical examination is deemed to be necessary, |
| 1188 |
rules shall specify the criteria by which
examiners are to be |
| 1189 |
selected, the grading criteria to be used by the
examiner, the |
| 1190 |
relative weight to be assigned in grading each
criterion, and |
| 1191 |
the score necessary to achieve a passing grade.
When a mandatory |
| 1192 |
standardization exercise for a practical
examination is required |
| 1193 |
by law, the board may conduct such exercise.
Therefore, board |
| 1194 |
members may serve as examiners at a practical
examination with |
| 1195 |
the consent of the board. |
| 1196 |
(d) A
board, or the department when there is no board, may |
| 1197 |
approve by rule the use of any national
examination which the |
| 1198 |
department has certified as meeting requirements
of national |
| 1199 |
examinations and generally accepted testing
standards pursuant |
| 1200 |
to department rules. Providers of examinations,
which may be |
| 1201 |
either profit or nonprofit entities, seeking
certification by |
| 1202 |
the department shall pay the actual costs
incurred by the |
| 1203 |
department in making a determination regarding
the |
| 1204 |
certification. The department shall use any
national examination |
| 1205 |
which is available, certified by the department,
and approved by |
| 1206 |
the board. The name and number of a candidate may
be provided to |
| 1207 |
a national contractor for the limited purpose of
preparing the |
| 1208 |
grade tape and information to be returned to the
board or |
| 1209 |
department or, to the extent otherwise specified
by rule, the |
| 1210 |
candidate may apply directly to the vendor of the
national |
| 1211 |
examination. The department may delegate to the
board the duty |
| 1212 |
to provide and administer the examination. Any
national |
| 1213 |
examination approved by a board, or the
department when there is |
| 1214 |
no board, prior to October 1, 1997, is deemed
certified under |
| 1215 |
this paragraph. Any licensing or certification
examination that |
| 1216 |
is not developed or administered by the
department in-house or |
| 1217 |
provided as a national examination shall be
competitively bid. |
| 1218 |
(e) The
department shall adopt rules regarding the |
| 1219 |
security and monitoring of examinations. In order
to maintain |
| 1220 |
the security of examinations, the department may
employ the |
| 1221 |
procedures set forth in s. 455.228 to seek fines
and injunctive |
| 1222 |
relief against an examinee who violates the
provisions of s. |
| 1223 |
455.2175 or the rules adopted pursuant to this
paragraph. The |
| 1224 |
department, or any agent thereof, may, for the
purposes of |
| 1225 |
investigation, confiscate any written,
photographic, or |
| 1226 |
recording material or device in the possession of
the examinee |
| 1227 |
at the examination site which the department
deems necessary to |
| 1228 |
enforce such provisions or rules. |
| 1229 |
(f) If
the professional board with jurisdiction over an |
| 1230 |
examination concurs, the department may, for a
fee, share with |
| 1231 |
any other state's licensing authority an
examination developed |
| 1232 |
by or for the department unless prohibited by a
contract entered |
| 1233 |
into by the department for development or
purchase of the |
| 1234 |
examination. The department, with the concurrence
of the |
| 1235 |
appropriate board, shall establish guidelines
that ensure |
| 1236 |
security of a shared exam and shall require that
any other |
| 1237 |
state's licensing authority comply with those
guidelines. Those |
| 1238 |
guidelines shall be approved by the appropriate
professional |
| 1239 |
board. All fees paid by the user shall be applied
to the |
| 1240 |
department's examination and development program
for professions |
| 1241 |
regulated by this chapter. All fees paid by the
user for |
| 1242 |
professions not regulated by this chapter shall
be applied to |
| 1243 |
offset the fees for the development and
administration of that |
| 1244 |
profession's examination. If both a written and a
practical |
| 1245 |
examination are given, an applicant shall be
required to retake |
| 1246 |
only the portion of the examination for which he
or she failed |
| 1247 |
to achieve a passing grade, if he or she
successfully passes |
| 1248 |
that portion within a reasonable time of his or
her passing the |
| 1249 |
other portion. |
| 1250 |
Section 24. Subsection
(6) is added to section 455.2273, |
| 1251 |
Florida Statutes, to read: |
| 1252 |
455.2273 Disciplinary
guidelines.-- |
| 1253 |
(6) Notwithstanding
s. 455.017, this section applies to |
| 1254 |
disciplinary guidelines adopted by all boards
or divisions |
| 1255 |
within the department. |
| 1256 |
Section 25. Effective
July 1, 2010, paragraph (d) of |
| 1257 |
subsection (1) and paragraph (d) of subsection
(2) of section |
| 1258 |
468.841, Florida Statutes, are amended to read: |
| 1259 |
468.841 Exemptions.-- |
| 1260 |
(1) The
following persons are not required to comply with |
| 1261 |
any provisions of this part relating to mold
assessment: |
| 1262 |
(d) Persons
or business organizations acting within the |
| 1263 |
scope of the respective licenses required under
chapter 471, |
| 1264 |
part I of chapter 481, chapter 482, or
chapter 489, or part XV |
| 1265 |
of this chapter, are acting on behalf of
an insurer under part |
| 1266 |
VI of chapter 626, or are persons in the
manufactured housing |
| 1267 |
industry who are licensed under chapter 320,
except when any |
| 1268 |
such persons or business organizations hold
themselves out for |
| 1269 |
hire to the public as a "certified mold assessor
remediator," |
| 1270 |
"registered mold assessor remediator,"
"licensed mold assessor |
| 1271 |
remediator," "mold assessor
remediator," "professional mold |
| 1272 |
assessor remediator," or any
combination thereof stating or |
| 1273 |
implying licensure under this part. |
| 1274 |
(2) The
following persons are not required to comply with |
| 1275 |
any provisions of this part relating to mold
remediation: |
| 1276 |
(d) Persons
or business organizations that are acting |
| 1277 |
within the scope of the respective licenses
required under |
| 1278 |
chapter 471, part I of chapter 481, chapter 482, or
chapter 489, |
| 1279 |
or part XV of this chapter, are acting on
behalf of an insurer |
| 1280 |
under part VI of chapter 626, or are persons in
the manufactured |
| 1281 |
housing industry who are licensed under chapter
320, except when |
| 1282 |
any such persons or business organizations hold
themselves out |
| 1283 |
for hire to the public as a "certified mold remediator |
| 1284 |
assessor," "registered mold remediator
assessor," "licensed mold |
| 1285 |
remediator assessor,"
"mold remediator assessor," "professional |
| 1286 |
mold remediator assessor," or
any combination thereof stating or |
| 1287 |
implying licensure under this part. |
| 1288 |
Section 26. Paragraph
(b) of subsection (2) of section |
| 1289 |
475.17, Florida Statutes, is amended to read: |
| 1290 |
475.17 Qualifications
for practice.-- |
| 1291 |
(2) |
| 1292 |
(b) A
person may not be licensed as a real estate broker |
| 1293 |
unless, in addition to the other requirements of
law, the person |
| 1294 |
has held: |
| 1295 |
1. An
active real estate sales associate's license for at |
| 1296 |
least 24 12 months during the
preceding 5 years in the office of |
| 1297 |
one or more real estate brokers licensed in this
state or any |
| 1298 |
other state, territory, or jurisdiction of the
United States or |
| 1299 |
in any foreign national jurisdiction; |
| 1300 |
2. A
current and valid real estate sales associate's |
| 1301 |
license for at least 24 12 months
during the preceding 5 years |
| 1302 |
in the employ of a governmental agency for a
salary and |
| 1303 |
performing the duties authorized in this part for
real estate |
| 1304 |
licensees; or |
| 1305 |
3. A
current and valid real estate broker's license for at |
| 1306 |
least 24 12 months during the
preceding 5 years in any other |
| 1307 |
state, territory, or jurisdiction of the United
States or in any |
| 1308 |
foreign national jurisdiction. |
| 1309 |
|
| 1310 |
This paragraph does not apply to a person
employed as a real |
| 1311 |
estate investigator by the Division of Real
Estate, provided the |
| 1312 |
person has been employed as a real estate
investigator for at |
| 1313 |
least 24 months. The person must be currently
employed as a real |
| 1314 |
estate investigator to sit for the real estate
broker's |
| 1315 |
examination and have held a valid and current
sales associate's |
| 1316 |
license for at least 12 months. |
| 1317 |
Section 27. Subsection
(9) of section 475.451, Florida |
| 1318 |
Statutes, is amended to read: |
| 1319 |
475.451 Schools
teaching real estate practice.-- |
| 1320 |
(9)(a) Each
school permitholder of a proprietary real |
| 1321 |
estate school, each chief administrative
person of such an |
| 1322 |
institution, or each course sponsor shall
deliver to the |
| 1323 |
department, in a format acceptable to the
department, a copy of |
| 1324 |
the classroom course roster of courses that
require satisfactory |
| 1325 |
completion of an examination no later than 30
days beyond the |
| 1326 |
end of the calendar month in which the course
was completed. |
| 1327 |
(b) The
course roster shall consist of the institution or |
| 1328 |
school name and permit number, if applicable,
the instructor's |
| 1329 |
name and permit number, if applicable, course
title, beginning |
| 1330 |
and ending dates of the course, number of
course hours, course |
| 1331 |
location, if applicable, each student's full
name and license |
| 1332 |
number, if applicable, each student's mailing
address, and the |
| 1333 |
numerical grade each student achieved. The
course roster shall |
| 1334 |
also include the signature of the school
permitholder, the chief |
| 1335 |
administrative person, or the course sponsor. |
| 1336 |
Section 28. Section
475.455, Florida Statutes, is amended |
| 1337 |
to read: |
| 1338 |
475.455 Exchange
of disciplinary information.--The |
| 1339 |
commission shall inform the Division of Florida Land
Sales, |
| 1340 |
Condominiums, Timeshares, and Mobile Homes
of the Department of |
| 1341 |
Business and Professional Regulation of any
disciplinary action |
| 1342 |
the commission has taken against any of its
licensees. The |
| 1343 |
division shall inform the commission of any
disciplinary action |
| 1344 |
the division has taken against any broker or
sales associate |
| 1345 |
registered with the division. |
| 1346 |
Section 29. Subsections
(4) and (5) of section 477.019, |
| 1347 |
Florida Statutes, are amended, subsections (5)
through (7) of |
| 1348 |
that section are renumbered as subsections (6)
through (8), |
| 1349 |
respectively, and a new subsection (3) is added
to that section, |
| 1350 |
to read: |
| 1351 |
477.019 Cosmetologists;
qualifications; licensure; |
| 1352 |
supervised practice; license renewal;
endorsement; continuing |
| 1353 |
education.-- |
| 1354 |
(3) An
application for the licensure examination for any |
| 1355 |
license under this section may be submitted
for examination |
| 1356 |
approval in the last 100 hours of training by
a pregraduate of a |
| 1357 |
licensed cosmetology school or a program
within the public |
| 1358 |
school system, which school or program is
certified by the |
| 1359 |
Department of Education with fees as required
in paragraph |
| 1360 |
(2)(b). Upon approval, the applicant may
schedule the |
| 1361 |
examination on a date when the training hours
are completed. An |
| 1362 |
applicant shall have 6 months from the date of
approval to take |
| 1363 |
the examination. After the 6 months have
passed, if the |
| 1364 |
applicant failed to take the examination, the
applicant must |
| 1365 |
reapply. The board shall establish by rule the
procedures for |
| 1366 |
the pregraduate application process. |
| 1367 |
(4) (3) Upon
an applicant receiving a passing grade, as |
| 1368 |
established by board rule, on the examination and
paying the |
| 1369 |
initial licensing fee, the department shall issue
a license to |
| 1370 |
practice cosmetology. |
| 1371 |
(5)
(4) If
an applicant passes all parts of the |
| 1372 |
examination for licensure as a cosmetologist,
he or she may |
| 1373 |
practice in the time between passing the
examination and |
| 1374 |
receiving a physical copy of his or her
license if he or she |
| 1375 |
practices under the supervision of a licensed
cosmetologist in a |
| 1376 |
licensed salon. An applicant who fails any
part of the |
| 1377 |
examination may not practice as a
cosmetologist and may |
| 1378 |
immediately apply for reexamination. Following
the completion of |
| 1379 |
the first licensing examination and pending
the results of that |
| 1380 |
examination and issuance of a license to
practice cosmetology, |
| 1381 |
graduates of licensed cosmetology schools or
cosmetology |
| 1382 |
programs offered in public school systems,
which schools or |
| 1383 |
programs are certified by the Department of
Education, are |
| 1384 |
eligible to practice cosmetology, provided
such graduates |
| 1385 |
practice under the supervision of a licensed
cosmetologist in a |
| 1386 |
licensed cosmetology salon. A graduate who
fails the first |
| 1387 |
examination may continue to practice under the
supervision of a |
| 1388 |
licensed cosmetologist in a licensed
cosmetology salon if the |
| 1389 |
graduate applies for the next available
examination and until |
| 1390 |
the graduate receives the results of that
examination. No |
| 1391 |
graduate may continue to practice under this
subsection if the |
| 1392 |
graduate fails the examination twice. |
| 1393 |
Section 30. Subsection
(6) of section 489.105, Florida |
| 1394 |
Statutes, is amended to read: |
| 1395 |
489.105 Definitions.--As
used in this part: |
| 1396 |
(6) "Contracting"
means, except as exempted in this part, |
| 1397 |
engaging in business as a contractor and
includes, but is not |
| 1398 |
limited to, performance of any of the acts as set
forth in |
| 1399 |
subsection (3) which define types of contractors.
The attempted |
| 1400 |
sale of contracting services and the negotiation
or bid for a |
| 1401 |
contract on these services also constitutes
contracting. If the |
| 1402 |
services offered require licensure or agent
qualification, the |
| 1403 |
offering, negotiation for a bid, or attempted
sale of these |
| 1404 |
services requires the corresponding licensure.
However, the term |
| 1405 |
"contracting" shall not extend to an
individual, partnership, |
| 1406 |
corporation, trust, or other legal entity that
offers to sell or |
| 1407 |
sells completed residences on property on which
the individual |
| 1408 |
or business entity has any legal or equitable
interest, or to |
| 1409 |
the individual or business entity that offers
to sell or sells |
| 1410 |
manufactured or factory-built buildings that
will be completed |
| 1411 |
on site on property on which either party to a
contract has any |
| 1412 |
legal or equitable interest, if the
services of a qualified |
| 1413 |
contractor certified or registered pursuant to
the requirements |
| 1414 |
of this chapter have been or will be retained for
the purpose of |
| 1415 |
constructing or completing
such
residences. |
| 1416 |
Section 31. Section
489.511, Florida Statutes, is amended |
| 1417 |
to read: |
| 1418 |
489.511 Certification;
application; examinations; |
| 1419 |
endorsement.-- |
| 1420 |
(1)(a) Any
person who is at least 18 years of age may take |
| 1421 |
the certification examination. |
| 1422 |
(b) Any
person desiring to be certified as a contractor |
| 1423 |
shall apply to the department in writing and
must meet the |
| 1424 |
following criteria: to take the
certification examination. |
| 1425 |
(2)(a) A
person shall be entitled to take the |
| 1426 |
certification examination for the purpose of
determining whether |
| 1427 |
he or she is qualified to engage in
contracting throughout the |
| 1428 |
state as a contractor if the person: |
| 1429 |
1. Is
at least 18 years of age; |
| 1430 |
1.2. Be
Is of good moral character; |
| 1431 |
2. Pass
the certification examination, achieving a passing |
| 1432 |
grade as established by board rule; and |
| 1433 |
3. Meet
Meets eligibility requirements according to one of |
| 1434 |
the following criteria: |
| 1435 |
a. Has,
within the 6 years immediately preceding the |
| 1436 |
filing of the application, at least 3 years'
proven management |
| 1437 |
experience in the trade or education equivalent
thereto, or a |
| 1438 |
combination thereof, but not more than one-half
of such |
| 1439 |
experience may be educational equivalent; |
| 1440 |
b. Has,
within the 8 years immediately preceding the |
| 1441 |
filing of the application, at least 4 years'
experience as a |
| 1442 |
supervisor or contractor in the trade for which
he or she is |
| 1443 |
making application; |
| 1444 |
c. Has,
within the 12 years immediately preceding the |
| 1445 |
filing of the application, at least 6 years of
comprehensive |
| 1446 |
training, technical education, or supervisory
experience |
| 1447 |
associated with an electrical or alarm system
contracting |
| 1448 |
business, or at least 6 years of technical
experience in |
| 1449 |
electrical or alarm system work with the Armed
Forces or a |
| 1450 |
governmental entity; |
| 1451 |
d. Has,
within the 12 years immediately preceding the |
| 1452 |
filing of the application, been licensed for 3
years as a |
| 1453 |
professional engineer who is qualified by
education, training, |
| 1454 |
or experience to practice electrical engineering;
or |
| 1455 |
e. Has
any combination of qualifications under sub- |
| 1456 |
subparagraphs a.-c. totaling 6 years of
experience. |
| 1457 |
(c)(b) For
purposes of this subsection, "supervisor" means |
| 1458 |
a person having the experience gained while
having the general |
| 1459 |
duty of overseeing the technical duties of the
trade, provided |
| 1460 |
that such experience is gained by a person who is
able to |
| 1461 |
perform the technical duties of the trade without
supervision. |
| 1462 |
(d)(c) For
purposes of this subsection, at least 40 |
| 1463 |
percent of the work experience for an alarm
system contractor I |
| 1464 |
must be in the types of fire alarm systems
typically used in a |
| 1465 |
commercial setting. |
| 1466 |
(2)(3) The
board may determine by rule the number of times |
| 1467 |
per year the applicant may take the
examination and after three |
| 1468 |
unsuccessful attempts may
On or after
October 1, 1998, every |
| 1469 |
applicant who is qualified shall be allowed to
take the |
| 1470 |
examination three times, notwithstanding the
number of times the |
| 1471 |
applicant has previously failed the
examination. If an applicant |
| 1472 |
fails the examination three times after
October 1, 1998, the |
| 1473 |
board shall require the applicant to
complete additional |
| 1474 |
college-level or technical education courses in
the areas of |
| 1475 |
deficiency, as determined by the board, as a
condition of future |
| 1476 |
eligibility to take the examination. The
applicant must also |
| 1477 |
submit a new application that meets all
certification |
| 1478 |
requirements at the time of its submission and
must pay all |
| 1479 |
appropriate fees. |
| 1480 |
(3)(4)(a) "Good
moral character" means a personal history |
| 1481 |
of honesty, fairness, and respect for the rights
of others and |
| 1482 |
for laws of this state and nation. |
| 1483 |
(b) The
board may determine that an individual applying |
| 1484 |
for certification is ineligible to take the
examination for |
| 1485 |
failure to satisfy the requirement of good moral
character only |
| 1486 |
if: |
| 1487 |
1. There
is a substantial connection between the lack of |
| 1488 |
good moral character of the individual and the
professional |
| 1489 |
responsibilities of a certified contractor; and |
| 1490 |
2. The
finding by the board of lack of good moral |
| 1491 |
character is supported by clear and convincing
evidence. |
| 1492 |
(c) When
an individual is found to be unqualified for |
| 1493 |
certification examination because
of a lack of good moral |
| 1494 |
character, the board shall furnish such
individual a statement |
| 1495 |
containing the findings of the board, a complete
record of the |
| 1496 |
evidence upon which the determination was based,
and a notice of |
| 1497 |
the rights of the individual to a rehearing and
appeal. |
| 1498 |
(4)(5) The
board shall, by rule, designate those types of |
| 1499 |
specialty electrical or alarm system contractors
who may be |
| 1500 |
certified under this part. The limit of the scope
of work and |
| 1501 |
responsibility of a certified specialty
contractor shall be |
| 1502 |
established by board rule. A certified specialty
contractor |
| 1503 |
category exists as an optional statewide
licensing category. |
| 1504 |
Qualification for certification in a specialty
category created |
| 1505 |
by rule shall be the same as set forth in
paragraph (1)(b) |
| 1506 |
(2)(a). The existence of a specialty
category created by rule |
| 1507 |
does not itself create any licensing requirement;
however, |
| 1508 |
neither does its optional nature remove any
licensure |
| 1509 |
requirement established elsewhere in this part. |
| 1510 |
(5)(6) The
board shall certify as qualified for |
| 1511 |
certification by endorsement any individual
applying for |
| 1512 |
certification who: |
| 1513 |
(a) Meets
the requirements for certification as set forth |
| 1514 |
in this section; has passed a national, regional,
state, or |
| 1515 |
United States territorial licensing examination
that is |
| 1516 |
substantially equivalent to the examination
required by this |
| 1517 |
part; and has satisfied the requirements set
forth in s. |
| 1518 |
489.521; or |
| 1519 |
(b) Holds
a valid license to practice electrical or alarm |
| 1520 |
system contracting issued by another state or
territory of the |
| 1521 |
United States, if the criteria for issuance of
such license was |
| 1522 |
substantially equivalent to the certification
criteria that |
| 1523 |
existed in this state at the time the certificate
was issued. |
| 1524 |
(6)(7) Upon
the issuance of a certificate, any previously |
| 1525 |
issued registered licenses for the classification
in which the |
| 1526 |
certification is issued are rendered void. |
| 1527 |
Section 32. Paragraph
(b) of subsection (1) of section |
| 1528 |
489.515, Florida Statutes, is amended to read: |
| 1529 |
489.515 Issuance
of certificates; registrations.-- |
| 1530 |
(1) |
| 1531 |
(b) The
board shall certify as qualified for certification |
| 1532 |
any person who satisfies the requirements of s.
489.511, who |
| 1533 |
successfully passes the certification
examination administered |
| 1534 |
by the department, achieving a passing grade
as established by |
| 1535 |
board rule, and who submits satisfactory
evidence that he or she |
| 1536 |
has obtained both workers' compensation insurance
or an |
| 1537 |
acceptable exemption certificate issued by the
department and |
| 1538 |
public liability and property damage insurance
for the health, |
| 1539 |
safety, and welfare of the public in amounts
determined by rule |
| 1540 |
of the board, and furnishes evidence of financial |
| 1541 |
responsibility, credit, and business reputation
of either |
| 1542 |
himself or herself or the business organization
he or she |
| 1543 |
desires to qualify. |
| 1544 |
Section 33. Section
494.008, Florida Statutes, is amended |
| 1545 |
to read: |
| 1546 |
494.008 Mortgages
offered by land developers licensed |
| 1547 |
pursuant to the Florida Uniform Land Sales
Practices Law; |
| 1548 |
requirements; prohibitions.--No mortgage loan
which has a face |
| 1549 |
amount of $35,000 or less and is secured by
vacant land |
| 1550 |
registered under the Florida Uniform Land
Sales Practices Law, |
| 1551 |
chapter 498, shall be sold to a mortgagee,
except a financial |
| 1552 |
institution, by any person unless all of the
following |
| 1553 |
requirements are met: |
| 1554 |
(1) Each
mortgage securing a note or other obligation sold |
| 1555 |
or offered for sale shall be eligible for a
recordation as a |
| 1556 |
first mortgage. |
| 1557 |
(2) Each
mortgage negotiated pursuant to this section must |
| 1558 |
include a mortgagee's title insurance policy or
an opinion of |
| 1559 |
title, from an attorney who is licensed to
practice law in this |
| 1560 |
state, on each parcel of land which is described
in the |
| 1561 |
mortgage. The policy or opinion shall reflect
that there are no |
| 1562 |
other mortgages on the property. A notice stating
the priority |
| 1563 |
of the mortgage shall be placed on the face of
each mortgage in |
| 1564 |
an amount over $35,000 issued pursuant to this
section. |
| 1565 |
(3) Contracts
to purchase a mortgage loan shall contain, |
| 1566 |
immediately above the purchaser's signature line,
the statement |
| 1567 |
in 10-point boldfaced type: "This mortgage
is secured by vacant |
| 1568 |
land subject to development at a future
time." This statement |
| 1569 |
shall also be typed or printed in 10-point type
on the face of |
| 1570 |
the note and mortgage sold. |
| 1571 |
(4) The
most recent assessment for tax purposes made by |
| 1572 |
the county property appraiser of each parcel of
land described |
| 1573 |
in the mortgage shall be furnished to each
mortgagee. |
| 1574 |
(5) The
mortgage broker shall record or cause to be |
| 1575 |
recorded all mortgages or other similar documents
prior to |
| 1576 |
delivery of the note and mortgage to the
mortgagee. |
| 1577 |
(6) All
funds received by the mortgage broker pursuant to |
| 1578 |
this section shall promptly be deposited in the
broker's trust |
| 1579 |
account where they shall remain until the note
and mortgage are |
| 1580 |
fully executed and recorded. |
| 1581 |
(7) Willful
failure to comply with any of the above |
| 1582 |
provisions shall subject the person to the
penalties of s. |
| 1583 |
494.05. |
| 1584 |
Section 34. Section
498.009, Florida Statutes, is |
| 1585 |
renumbered as section 718.50152, Florida
Statutes. |
| 1586 |
Section 35. Section
498.011, Florida Statutes, is |
| 1587 |
renumbered as section 718.50153, Florida
Statutes, and amended |
| 1588 |
to read: |
| 1589 |
718.50153 498.011 Payment
of per diem, mileage, and other |
| 1590 |
expenses to division employees.--The amount of
per diem and |
| 1591 |
mileage and expense money paid to employees shall
be as provided |
| 1592 |
in s. 112.061, except that the division shall
establish by rule |
| 1593 |
the standards for reimbursement of actual
verified expenses |
| 1594 |
incurred in connection with an on-site review
inspection or |
| 1595 |
investigation of subdivided lands. |
| 1596 |
Section 36. Section
498.013, Florida Statutes, is |
| 1597 |
renumbered as section 718.50154, Florida
Statutes. |
| 1598 |
Section 37. Section
498.057, Florida Statutes, is |
| 1599 |
renumbered as section 718.50155, Florida
Statutes, and amended, |
| 1600 |
to read: |
| 1601 |
718.50155 498.057 Service
of process.-- |
| 1602 |
(1) In
addition to the methods of service provided for in |
| 1603 |
the Florida Rules of Civil Procedure and the
Florida Statutes, |
| 1604 |
service may be made and by delivering a
copy of the process to |
| 1605 |
the director of the division, which shall
be binding upon the |
| 1606 |
defendant or respondent if: |
| 1607 |
(a) The division
plaintiff, which is acting as the |
| 1608 |
petitioner or plaintiff may be the
division, immediately sends a |
| 1609 |
copy of the process and of the pleading by
certified mail to the |
| 1610 |
defendant or respondent at his or her last known
address;, and |
| 1611 |
(b) The division
plaintiff files an affidavit of |
| 1612 |
compliance with this section on or before the
return date of the |
| 1613 |
process or within the time set by the court. |
| 1614 |
(2) If
any person, including any nonresident of this |
| 1615 |
state, allegedly engages in conduct prohibited by
this chapter, |
| 1616 |
or any rule or order of the division, and has not
filed a |
| 1617 |
consent to service of process, and personal
jurisdiction over |
| 1618 |
him or her cannot otherwise be obtained in this
state, the |
| 1619 |
director shall be authorized to receive service
of process in |
| 1620 |
any noncriminal proceeding against that person or
his or her |
| 1621 |
successor which grows out of the conduct and
which is brought by |
| 1622 |
the division under this chapter or any
rule or order of the |
| 1623 |
division. The process shall have the same force
and validity as |
| 1624 |
if personally served. Notice shall be given as
provided in |
| 1625 |
subsection (1). |
| 1626 |
Section 38. Sections
498.001, 498.003, 498.005, 498.007, |
| 1627 |
498.017, 498.021, 498.022, 498.023, 498.024,
498.025, 498.027, |
| 1628 |
498.028, 498.029, 498.031, 498.033, 498.035,
498.037, 498.039, |
| 1629 |
498.041, 498.047, 498.049, 498.051, 498.053,
498.059, 498.061, |
| 1630 |
and 498.063, Florida Statutes, are repealed. |
| 1631 |
Section 39. Section
509.512, Florida Statutes, is amended |
| 1632 |
to read: |
| 1633 |
509.512 Timeshare
plan developer and exchange company |
| 1634 |
exemption.--Sections 509.501-509.511 do not apply
to a developer |
| 1635 |
of a timeshare plan or an exchange company
approved by the |
| 1636 |
Division of Florida Land Sales,
Condominiums, Timeshares, and |
| 1637 |
Mobile Homes pursuant to chapter 721, but only to
the extent |
| 1638 |
that the developer or exchange company engages in
conduct |
| 1639 |
regulated under chapter 721. |
| 1640 |
Section 40. Subsection
(2) of section 517.301, Florida |
| 1641 |
Statutes, is amended to read: |
| 1642 |
517.301 Fraudulent
transactions; falsification or |
| 1643 |
concealment of facts.-- |
| 1644 |
(2) For
purposes of ss. 517.311 and 517.312 and this |
| 1645 |
section, the term "investment" means
any commitment of money or |
| 1646 |
property principally induced by a representation
that an |
| 1647 |
economic benefit may be derived from such
commitment, except |
| 1648 |
that the term "investment" does
not include a commitment of |
| 1649 |
money or property for: |
| 1650 |
(a) The
purchase of a business opportunity, business |
| 1651 |
enterprise, or real property through a person
licensed under |
| 1652 |
chapter 475 or registered under former
chapter 498; or |
| 1653 |
(b) The
purchase of tangible personal property through a |
| 1654 |
person not engaged in telephone solicitation,
where said |
| 1655 |
property is offered and sold in accordance with
the following |
| 1656 |
conditions: |
| 1657 |
1. There
are no specific representations or guarantees |
| 1658 |
made by the offeror or seller as to the economic
benefit to be |
| 1659 |
derived from the purchase; |
| 1660 |
2. The
tangible property is delivered to the purchaser |
| 1661 |
within 30 days after sale, except that such
30-day period may be |
| 1662 |
extended by the office if market conditions so
warrant; and |
| 1663 |
3. The
seller has offered the purchaser a full refund |
| 1664 |
policy in writing, exercisable by the purchaser
within 10 days |
| 1665 |
of the date of delivery of such tangible personal
property, |
| 1666 |
except that the amount of such refund may not
in no event shall |
| 1667 |
exceed the bid price in effect at the time the
property is |
| 1668 |
returned to the seller. If the applicable
sellers' market is |
| 1669 |
closed at the time the property is returned to
the seller for a |
| 1670 |
refund, the amount of such refund shall be based
on the bid |
| 1671 |
price for such property at the next opening of
such market. |
| 1672 |
Section 41. Subsection
(4) of section 548.0065, Florida |
| 1673 |
Statutes, is amended to read: |
| 1674 |
548.0065 Amateur
matches; sanctioning and supervision; |
| 1675 |
health and safety standards; compliance checks;
continuation, |
| 1676 |
suspension, and revocation of sanctioning
approval.-- |
| 1677 |
(4) Any
member of the commission or the executive director |
| 1678 |
of the commission may suspend the approval of an
amateur |
| 1679 |
sanctioning organization for failure to supervise
amateur |
| 1680 |
matches or to enforce the approved health and
safety standards |
| 1681 |
required under this chapter, provided that the
suspension |
| 1682 |
complies with the procedures for summary
suspensions in s. |
| 1683 |
120.60(6). At any amateur boxing, or
kickboxing, or mixed |
| 1684 |
martial arts contest, any member of the
commission or a |
| 1685 |
representative of the commission may immediately
suspend one or |
| 1686 |
more matches in an event whenever it appears that
the match or |
| 1687 |
matches violate the health and safety standards
established by |
| 1688 |
rule as required by this chapter. A law
enforcement officer may |
| 1689 |
assist any member of the commission or a
representative of the |
| 1690 |
commission to enforce an order to stop a contest
if called upon |
| 1691 |
to do so by a member of the commission or a
representative of |
| 1692 |
the commission. |
| 1693 |
Section 42. Subsections
(2), (3), and (4) of section |
| 1694 |
548.008, Florida Statutes, are amended to read: |
| 1695 |
548.008 Prohibited
competitions.-- |
| 1696 |
(2) No
amateur mixed martial arts match may be held in |
| 1697 |
this state. |
| 1698 |
(2)(3) No
professional match may be held in this state |
| 1699 |
unless it meets the requirements for holding the
match as |
| 1700 |
provided in this chapter and the rules adopted by
the |
| 1701 |
commission. |
| 1702 |
(3)(4)(a) Any
person participating in a match prohibited |
| 1703 |
under this section, knowing the match to be
prohibited, commits |
| 1704 |
a misdemeanor of the second degree, punishable as
provided in s. |
| 1705 |
775.082 or s. 775.083. |
| 1706 |
(b) Any
person holding, promoting, or sponsoring a match |
| 1707 |
prohibited under this section commits a felony of
the third |
| 1708 |
degree, punishable as provided in s. 775.082, s.
775.083, or s. |
| 1709 |
775.084. |
| 1710 |
Section 43. Subsection
(1) of section 548.041, Florida |
| 1711 |
Statutes, is amended to read: |
| 1712 |
548.041 Age,
condition, and suspension of participants.-- |
| 1713 |
(1) A
person may shall
not be licensed as a participant, |
| 1714 |
and the license of a any
participant shall be suspended or |
| 1715 |
revoked, if such person: |
| 1716 |
(a) Is
under the age of 18; |
| 1717 |
(b) Has
participated in a match in this state which was |
| 1718 |
not sanctioned by the commission or by a Native
American |
| 1719 |
commission properly constituted under federal
law; or |
| 1720 |
(c) Does
not meet certain health and medical examination |
| 1721 |
conditions as required by rule of the commission;. |
| 1722 |
(d) Has
not competed in a minimum number of amateur boxing |
| 1723 |
events as determined by commission rule prior
to licensure; or |
| 1724 |
(e) Has
not participated in a minimum number of amateur |
| 1725 |
mixed martial arts events as determined by
commission rule prior |
| 1726 |
to licensure. |
| 1727 |
Section 44. Subsection
(1) of section 559.935, Florida |
| 1728 |
Statutes, is amended to read: |
| 1729 |
559.935 Exemptions.-- |
| 1730 |
(1) This
part does not apply to: |
| 1731 |
(a) A
bona fide employee of a seller of travel who is |
| 1732 |
engaged solely in the business of her or his
employer; |
| 1733 |
(b) Any
direct common carrier of passengers or property |
| 1734 |
regulated by an agency of the Federal Government
or employees of |
| 1735 |
such carrier when engaged solely in the
transportation business |
| 1736 |
of the carrier as identified in the carrier's
certificate; |
| 1737 |
(c) An
intrastate common carrier of passengers or property |
| 1738 |
selling only transportation as defined in the
applicable state |
| 1739 |
or local registration or certification, or
employees of such |
| 1740 |
carrier when engaged solely in the transportation
business of |
| 1741 |
the carrier; |
| 1742 |
(d) Hotels,
motels, or other places of public |
| 1743 |
accommodation selling public accommodations, or
employees of |
| 1744 |
such hotels, motels, or other places of public
accommodation, |
| 1745 |
when engaged solely in making arrangements for
lodging, |
| 1746 |
accommodations, or sightseeing tours within the
state, or taking |
| 1747 |
reservations for the traveler with times, dates,
locations, and |
| 1748 |
accommodations certain at the time the
reservations are made, |
| 1749 |
provided that hotels and motels registered with
the Department |
| 1750 |
of Business and Professional Regulation pursuant
to chapter 509 |
| 1751 |
are excluded from the provisions of this chapter; |
| 1752 |
(e) Persons
involved solely in the rental, leasing, or |
| 1753 |
sale of residential property; |
| 1754 |
(f) Persons
involved solely in the rental, leasing, or |
| 1755 |
sale of transportation vehicles; |
| 1756 |
(g) Persons
who make travel arrangements for themselves; |
| 1757 |
for their employees or agents; for distributors,
franchisees, or |
| 1758 |
dealers of the persons' products or services; for
entities which |
| 1759 |
are financially related to the persons; or for
the employees or |
| 1760 |
agents of the distributor, franchisee, or dealer
or financially |
| 1761 |
related entity; |
| 1762 |
(h) A
developer of a timeshare plan or an exchange company |
| 1763 |
approved by the Division of Florida Land
Sales, Condominiums, |
| 1764 |
Timeshares, and Mobile Homes pursuant to
chapter 721, but only |
| 1765 |
to the extent that the developer or exchange
company engages in |
| 1766 |
conduct regulated under chapter 721; or |
| 1767 |
(i) Persons
or entities engaged solely in offering diving |
| 1768 |
services, including classes and sales or rentals
of equipment, |
| 1769 |
when engaged in making any prearranged
travel-related or |
| 1770 |
tourist-related services in conjunction with a
primarily dive- |
| 1771 |
related event. |
| 1772 |
Section 45. Subsection
(17) of section 718.103, Florida |
| 1773 |
Statutes, is amended to read: |
| 1774 |
718.103 Definitions.--As
used in this chapter, the term: |
| 1775 |
(17) "Division"
means the Division of Florida Land Sales, |
| 1776 |
Condominiums, Timeshares, and Mobile Homes
of the Department of |
| 1777 |
Business and Professional Regulation. |
| 1778 |
Section 46. Paragraph
(c) of subsection (4) of section |
| 1779 |
718.105, Florida Statutes, is amended to read: |
| 1780 |
718.105 Recording
of declaration.-- |
| 1781 |
(4) |
| 1782 |
(c) If
the sum of money held by the clerk has not been |
| 1783 |
paid to the developer or association as provided
in paragraph |
| 1784 |
(b) within by 3 years after the
date the declaration was |
| 1785 |
originally recorded, the clerk in his or her
discretion may |
| 1786 |
notify, in writing, the registered agent of the
association that |
| 1787 |
the sum is still available and the purpose for
which it was |
| 1788 |
deposited. If the association does not record the
certificate |
| 1789 |
within 90 days after the clerk has given the
notice, the clerk |
| 1790 |
may disburse the money to the developer. If the
developer cannot |
| 1791 |
be located, the clerk shall disburse the money to
the Division |
| 1792 |
of Florida Land Sales, Condominiums, Timeshares,
and Mobile |
| 1793 |
Homes for deposit in the Division of Florida Land
Sales, |
| 1794 |
Condominiums, Timeshares, and Mobile Homes
Trust Fund. |
| 1795 |
Section 47. Subsection
(4) of section 718.1255, Florida |
| 1796 |
Statutes, is amended to read: |
| 1797 |
718.1255 Alternative
dispute resolution; voluntary |
| 1798 |
mediation; mandatory nonbinding arbitration;
legislative |
| 1799 |
findings.-- |
| 1800 |
(4) MANDATORY
NONBINDING ARBITRATION AND MEDIATION OF |
| 1801 |
DISPUTES.--The Division of Florida Land Sales,
Condominiums, |
| 1802 |
Timeshares, and Mobile Homes of the
Department of Business and |
| 1803 |
Professional Regulation shall employ full-time
attorneys to act |
| 1804 |
as arbitrators to conduct the arbitration
hearings provided by |
| 1805 |
this chapter. The division may also certify
attorneys who are |
| 1806 |
not employed by the division to act as
arbitrators to conduct |
| 1807 |
the arbitration hearings provided by this
section. No person may |
| 1808 |
be employed by the department as a full-time
arbitrator unless |
| 1809 |
he or she is a member in good standing of The
Florida Bar. The |
| 1810 |
department shall adopt promulgate
rules of procedure to govern |
| 1811 |
such arbitration hearings including mediation
incident thereto. |
| 1812 |
The decision of an arbitrator shall be final;
however, such a |
| 1813 |
decision shall not be deemed final agency action.
Nothing in |
| 1814 |
this provision shall be construed to foreclose
parties from |
| 1815 |
proceeding in a trial de novo unless the parties
have agreed |
| 1816 |
that the arbitration is binding. If such
judicial proceedings |
| 1817 |
are initiated, the final decision of the
arbitrator shall be |
| 1818 |
admissible in evidence in the trial de novo. |
| 1819 |
(a) Prior
to the institution of court litigation, a party |
| 1820 |
to a dispute shall petition the division for
nonbinding |
| 1821 |
arbitration. The petition must be accompanied by
a filing fee in |
| 1822 |
the amount of $50. Filing fees collected under
this section must |
| 1823 |
be used to defray the expenses of the alternative
dispute |
| 1824 |
resolution program. |
| 1825 |
(b) The
petition must recite, and have attached thereto, |
| 1826 |
supporting proof that the petitioner gave the
respondents: |
| 1827 |
1. Advance
written notice of the specific nature of the |
| 1828 |
dispute; |
| 1829 |
2. A
demand for relief, and a reasonable opportunity to |
| 1830 |
comply or to provide the relief; and |
| 1831 |
3. Notice
of the intention to file an arbitration petition |
| 1832 |
or other legal action in the absence of a
resolution of the |
| 1833 |
dispute. |
| 1834 |
|
| 1835 |
Failure to include the allegations or proof of
compliance with |
| 1836 |
these prerequisites requires dismissal of the
petition without |
| 1837 |
prejudice. |
| 1838 |
(c) Upon
receipt, the petition shall be promptly reviewed |
| 1839 |
by the division to determine the existence of a
dispute and |
| 1840 |
compliance with the requirements of paragraphs
(a) and (b). If |
| 1841 |
emergency relief is required and is not available
through |
| 1842 |
arbitration, a motion to stay the arbitration may
be filed. The |
| 1843 |
motion must be accompanied by a verified petition
alleging facts |
| 1844 |
that, if proven, would support entry of a
temporary injunction, |
| 1845 |
and if an appropriate motion and supporting
papers are filed, |
| 1846 |
the division may abate the arbitration pending a
court hearing |
| 1847 |
and disposition of a motion for temporary
injunction. |
| 1848 |
(d) Upon
determination by the division that a dispute |
| 1849 |
exists and that the petition substantially meets
the |
| 1850 |
requirements of paragraphs (a) and (b) and any
other applicable |
| 1851 |
rules, a copy of the petition shall forthwith
be served by the |
| 1852 |
division upon all respondents. |
| 1853 |
(e) Either
Before or after the filing of the respondents' |
| 1854 |
answer to the petition, any party may request
that the |
| 1855 |
arbitrator refer the case to mediation under this
section and |
| 1856 |
any rules adopted by the division. Upon receipt
of a request for |
| 1857 |
mediation, the division shall promptly contact
the parties to |
| 1858 |
determine if there is agreement that mediation
would be |
| 1859 |
appropriate. If all parties agree, the dispute
must be referred |
| 1860 |
to mediation. Notwithstanding a lack of an
agreement by all |
| 1861 |
parties, the arbitrator may refer a dispute to
mediation at any |
| 1862 |
time. |
| 1863 |
(f) Upon
referral of a case to mediation, the parties must |
| 1864 |
select a mutually acceptable mediator. To assist
in the |
| 1865 |
selection, the arbitrator shall provide the
parties with a list |
| 1866 |
of both volunteer and paid mediators that have
been certified by |
| 1867 |
the division under s. 718.501. If the parties are
unable to |
| 1868 |
agree on a mediator within the time allowed by
the arbitrator, |
| 1869 |
the arbitrator shall appoint a mediator from the
list of |
| 1870 |
certified mediators. If a case is referred to
mediation, the |
| 1871 |
parties shall attend a mediation conference, as
scheduled by the |
| 1872 |
parties and the mediator. If any party fails to
attend a duly |
| 1873 |
noticed mediation conference, without the
permission or approval |
| 1874 |
of the arbitrator or mediator, the arbitrator
must impose |
| 1875 |
sanctions against the party, including the
striking of any |
| 1876 |
pleadings filed, the entry of an order of
dismissal or default |
| 1877 |
if appropriate, and the award of costs and
attorneys' fees |
| 1878 |
incurred by the other parties. Unless otherwise
agreed to by the |
| 1879 |
parties or as provided by order of the
arbitrator, a party is |
| 1880 |
deemed to have appeared at a mediation conference
by the |
| 1881 |
physical presence of the party or its
representative having full |
| 1882 |
authority to settle without further consultation,
provided that |
| 1883 |
an association may comply by having one or more
representatives |
| 1884 |
present with full authority to negotiate a
settlement and |
| 1885 |
recommend that the board of administration ratify
and approve |
| 1886 |
such a settlement within 5 days from the date of
the mediation |
| 1887 |
conference. The parties shall share equally the
expense of |
| 1888 |
mediation, unless they agree otherwise. |
| 1889 |
(g) The
purpose of mediation as provided for by this |
| 1890 |
section is to present the parties with an
opportunity to resolve |
| 1891 |
the underlying dispute in good faith, and with a
minimum |
| 1892 |
expenditure of time and resources. |
| 1893 |
(h) Mediation
proceedings must generally be conducted in |
| 1894 |
accordance with the Florida Rules of Civil
Procedure, and these |
| 1895 |
proceedings are privileged and confidential to
the same extent |
| 1896 |
as court-ordered mediation. Persons who are not
parties to the |
| 1897 |
dispute are not allowed to attend the mediation
conference |
| 1898 |
without the consent of all parties, with the
exception of |
| 1899 |
counsel for the parties and corporate
representatives designated |
| 1900 |
to appear for a party. If the mediator declares
an impasse after |
| 1901 |
a mediation conference has been held, the
arbitration proceeding |
| 1902 |
terminates, unless all parties agree in writing
to continue the |
| 1903 |
arbitration proceeding, in which case the
arbitrator's decision |
| 1904 |
shall be either binding or nonbinding, as
agreed upon by the |
| 1905 |
parties; in the arbitration proceeding, the
arbitrator shall not |
| 1906 |
consider any evidence relating to the
unsuccessful mediation |
| 1907 |
except in a proceeding to impose sanctions for
failure to appear |
| 1908 |
at the mediation conference. If the parties do
not agree to |
| 1909 |
continue arbitration, the arbitrator shall enter
an order of |
| 1910 |
dismissal, and either party may institute a suit
in a court of |
| 1911 |
competent jurisdiction. The parties may seek to
recover any |
| 1912 |
costs and attorneys' fees incurred in connection
with |
| 1913 |
arbitration and mediation proceedings under this
section as part |
| 1914 |
of the costs and fees that may be recovered by
the prevailing |
| 1915 |
party in any subsequent litigation. |
| 1916 |
(i) Arbitration
shall be conducted according to rules |
| 1917 |
adopted promulgated by the
division. The filing of a petition |
| 1918 |
for arbitration shall toll the applicable statute
of |
| 1919 |
limitations. |
| 1920 |
(j) At
the request of any party to the arbitration, the |
| 1921 |
such arbitrator shall issue subpoenas for
the attendance of |
| 1922 |
witnesses and the production of books, records,
documents, and |
| 1923 |
other evidence and any party on whose behalf a
subpoena is |
| 1924 |
issued may apply to the court for orders
compelling such |
| 1925 |
attendance and production. Subpoenas shall be
served and shall |
| 1926 |
be enforceable in the manner provided by the
Florida Rules of |
| 1927 |
Civil Procedure. Discovery may, in the discretion
of the |
| 1928 |
arbitrator, be permitted in the manner provided
by the Florida |
| 1929 |
Rules of Civil Procedure. Rules adopted by the
division may |
| 1930 |
authorize any reasonable sanctions except
contempt for a |
| 1931 |
violation of the arbitration procedural rules of
the division or |
| 1932 |
for the failure of a party to comply with a
reasonable nonfinal |
| 1933 |
order issued by an arbitrator which is not under
judicial |
| 1934 |
review. |
| 1935 |
(k) The
arbitration decision shall be presented to the |
| 1936 |
parties in writing. An arbitration decision is
final in those |
| 1937 |
disputes in which the parties have agreed to be
bound. An |
| 1938 |
arbitration decision is also final if a complaint
for a trial de |
| 1939 |
novo is not filed in a court of competent
jurisdiction in which |
| 1940 |
the condominium is located within 30 days. The
right to file for |
| 1941 |
a trial de novo entitles the parties to file a
complaint in the |
| 1942 |
appropriate trial court for a judicial resolution
of the |
| 1943 |
dispute. The prevailing party in an arbitration
proceeding shall |
| 1944 |
be awarded the costs of the arbitration and
reasonable |
| 1945 |
attorney's fees in an amount determined by the
arbitrator. Such |
| 1946 |
an award shall include the costs and reasonable
attorney's fees |
| 1947 |
incurred in the arbitration proceeding as well as
the costs and |
| 1948 |
reasonable attorney's fees incurred in preparing
for and |
| 1949 |
attending any scheduled mediation. |
| 1950 |
(l) The
party who files a complaint for a trial de novo |
| 1951 |
shall be assessed the other party's arbitration
costs, court |
| 1952 |
costs, and other reasonable costs, including
attorney's fees, |
| 1953 |
investigation expenses, and expenses for expert
or other |
| 1954 |
testimony or evidence incurred after the
arbitration hearing if |
| 1955 |
the judgment upon the trial de novo is not more
favorable than |
| 1956 |
the arbitration decision. If the judgment is more
favorable, the |
| 1957 |
party who filed a complaint for trial de novo
shall be awarded |
| 1958 |
reasonable court costs and attorney's fees. |
| 1959 |
(m) Any
party to an arbitration proceeding may enforce an |
| 1960 |
arbitration award by filing a petition in a court
of competent |
| 1961 |
jurisdiction in which the condominium is located.
A petition may |
| 1962 |
not be granted unless the time for appeal by the
filing of a |
| 1963 |
complaint for trial de novo has expired. If a
complaint for a |
| 1964 |
trial de novo has been filed, a petition may not
be granted with |
| 1965 |
respect to an arbitration award that has been
stayed. If the |
| 1966 |
petition for enforcement is granted, the
petitioner shall |
| 1967 |
recover reasonable attorney's fees and costs
incurred in |
| 1968 |
enforcing the arbitration award. A mediation
settlement may also |
| 1969 |
be enforced through the county or circuit court,
as applicable, |
| 1970 |
and any costs and fees incurred in the
enforcement of a |
| 1971 |
settlement agreement reached at mediation must be
awarded to the |
| 1972 |
prevailing party in any enforcement action. |
| 1973 |
Section 48. Section
718.501, Florida Statutes, is amended |
| 1974 |
to read: |
| 1975 |
718.501 Powers
and duties of Division of Florida Land |
| 1976 |
Sales, Condominiums, Timeshares,
and Mobile Homes.-- |
| 1977 |
(1) The
Division of Florida Land Sales, Condominiums, |
| 1978 |
Timeshares, and Mobile Homes of the
Department of Business and |
| 1979 |
Professional Regulation, referred to as the
"division" in this |
| 1980 |
part, in addition to other powers and duties
prescribed by |
| 1981 |
chapter 498, has the power to enforce and
ensure compliance with |
| 1982 |
the provisions of this chapter and rules promulgated
pursuant |
| 1983 |
hereto relating to the development,
construction, sale, lease, |
| 1984 |
ownership, operation, and management of
residential condominium |
| 1985 |
units. In performing its duties, the division has
the following |
| 1986 |
powers and duties: |
| 1987 |
(a)1. The
division may make necessary public or private |
| 1988 |
investigations within or outside this state to
determine whether |
| 1989 |
any person has violated this chapter or any rule
or order |
| 1990 |
hereunder, to aid in the enforcement of this
chapter, or to aid |
| 1991 |
in the adoption of rules or forms hereunder. |
| 1992 |
2. The
division may submit any official written report, |
| 1993 |
worksheet, or other related paper, or a duly
certified copy |
| 1994 |
thereof, compiled, prepared, drafted, or
otherwise made by and |
| 1995 |
duly authenticated by a financial examiner or
analyst to be |
| 1996 |
admitted as competent evidence in any hearing
in which the |
| 1997 |
financial examiner or analyst is available for
cross-examination |
| 1998 |
and attests under oath that such documents
were prepared as a |
| 1999 |
result of an examination or inspection
conducted pursuant to |
| 2000 |
this chapter. |
| 2001 |
(b) The
division may require or permit any person to file |
| 2002 |
a statement in writing, under oath or otherwise,
as the division |
| 2003 |
determines, as to the facts and circumstances
concerning a |
| 2004 |
matter to be investigated. |
| 2005 |
(c) For
the purpose of any investigation under this |
| 2006 |
chapter, the division director or any officer or
employee |
| 2007 |
designated by the division director may
administer oaths or |
| 2008 |
affirmations, subpoena witnesses and compel their
attendance, |
| 2009 |
take evidence, and require the production of any
matter which is |
| 2010 |
relevant to the investigation, including the
existence, |
| 2011 |
description, nature, custody, condition, and
location of any |
| 2012 |
books, documents, or other tangible things and
the identity and |
| 2013 |
location of persons having knowledge of relevant
facts or any |
| 2014 |
other matter reasonably calculated to lead to the
discovery of |
| 2015 |
material evidence. Upon the failure by a person
to obey a |
| 2016 |
subpoena or to answer questions propounded by the
investigating |
| 2017 |
officer and upon reasonable notice to all persons
affected |
| 2018 |
thereby, the division may apply to the circuit
court for an |
| 2019 |
order compelling compliance. |
| 2020 |
(d) Notwithstanding
any remedies available to unit owners |
| 2021 |
and associations, if the division has reasonable
cause to |
| 2022 |
believe that a violation of any provision of this
chapter or |
| 2023 |
related rule promulgated pursuant
hereto has occurred, the |
| 2024 |
division may institute enforcement proceedings in
its own name |
| 2025 |
against any developer, association, officer, or
member of the |
| 2026 |
board of administration, or its assignees or
agents, as follows: |
| 2027 |
1. The
division may permit a person whose conduct or |
| 2028 |
actions may be under investigation to waive
formal proceedings |
| 2029 |
and enter into a consent proceeding whereby
orders, rules, or |
| 2030 |
letters of censure or warning, whether formal or
informal, may |
| 2031 |
be entered against the person. |
| 2032 |
2. The
division may issue an order requiring the |
| 2033 |
developer, association, officer, or member of the
board of |
| 2034 |
administration, or its assignees or agents, to
cease and desist |
| 2035 |
from the unlawful practice and take such
affirmative action as |
| 2036 |
in the judgment of the division will carry out
the purposes of |
| 2037 |
this chapter. Such affirmative action may
include, but is not |
| 2038 |
limited to, an order requiring a developer to
pay moneys |
| 2039 |
determined to be owed to a condominium
association. If the |
| 2040 |
division finds that a developer, association,
officer, or member |
| 2041 |
of the board of administration, or its
assignees or agents, is |
| 2042 |
violating or is about to violate any provision
of this chapter, |
| 2043 |
any rule adopted or order issued by the
division, or any written |
| 2044 |
agreement entered into with the division, and
presents an |
| 2045 |
immediate danger to the public requiring an
immediate final |
| 2046 |
order, it may issue an emergency cease and
desist order reciting |
| 2047 |
with particularity the facts underlying such
findings. The |
| 2048 |
emergency cease and desist order is effective
for 90 days. If |
| 2049 |
the division begins nonemergency cease and
desist proceedings, |
| 2050 |
the emergency cease and desist order remains
effective until the |
| 2051 |
conclusion of the proceedings under ss.
120.569 and 120.57. |
| 2052 |
3. The
division may bring an action in circuit court on |
| 2053 |
behalf of a class of unit owners, lessees, or
purchasers for |
| 2054 |
declaratory relief, injunctive relief, or
restitution. |
| 2055 |
4. The
division may petition the court for the appointment |
| 2056 |
of a receiver or conservator. If appointed,
the receiver or |
| 2057 |
conservator may take action to implement the
court order to |
| 2058 |
ensure the performance of the order and to
remedy any breach |
| 2059 |
thereof. In addition to all other means
provided by law for the |
| 2060 |
enforcement of an injunction or temporary
restraining order, the |
| 2061 |
circuit court may impound or sequester the
property of a party |
| 2062 |
defendant, including books, papers, documents,
and related |
| 2063 |
records, and allow the examination and use of
the property by |
| 2064 |
the division and a court-appointed receiver or
conservator. |
| 2065 |
5. The
division may apply to the circuit court for an |
| 2066 |
order of restitution whereby the defendant in
an action brought |
| 2067 |
pursuant to subparagraph 4. shall be ordered
to make restitution |
| 2068 |
of those sums shown by the division to have
been obtained by the |
| 2069 |
defendant in violation of this chapter. Such
restitution shall, |
| 2070 |
at the option of the court, be payable to the
conservator or |
| 2071 |
receiver appointed pursuant to subparagraph 4.
or directly to |
| 2072 |
the persons whose funds or assets were
obtained in violation of |
| 2073 |
this chapter. |
| 2074 |
6.4. The
division may impose a civil penalty against a |
| 2075 |
developer or association, or its assignee or
agent, for any |
| 2076 |
violation of this chapter or a rule adopted
under this chapter |
| 2077 |
promulgated pursuant hereto. The division
may impose a civil |
| 2078 |
penalty individually against any officer or board
member who |
| 2079 |
willfully and knowingly violates a provision of
this chapter, |
| 2080 |
adopted a rule adopted pursuant
hereto, or a final order of the |
| 2081 |
division. The term "willfully and
knowingly" means that the |
| 2082 |
division informed the officer or board member
that his or her |
| 2083 |
action or intended action violates this chapter,
a rule adopted |
| 2084 |
under this chapter, or a final order of the
division and that |
| 2085 |
the officer or board member refused to comply
with the |
| 2086 |
requirements of this chapter, a rule adopted
under this chapter, |
| 2087 |
or a final order of the division. The division,
prior to |
| 2088 |
initiating formal agency action under chapter
120, shall afford |
| 2089 |
the officer or board member an opportunity to
voluntarily comply |
| 2090 |
with this chapter, a rule adopted under this
chapter, or a final |
| 2091 |
order of the division. An officer or board member
who complies |
| 2092 |
within 10 days is not subject to a civil penalty.
A penalty may |
| 2093 |
be imposed on the basis of each day of continuing
violation, but |
| 2094 |
in no event shall the penalty for any offense
exceed $5,000. By |
| 2095 |
January 1, 1998, the division shall adopt, by
rule, penalty |
| 2096 |
guidelines applicable to possible violations or
to categories of |
| 2097 |
violations of this chapter or rules adopted by
the division. The |
| 2098 |
guidelines must specify a meaningful range of
civil penalties |
| 2099 |
for each such violation of the statute and rules
and must be |
| 2100 |
based upon the harm caused by the violation, the
repetition of |
| 2101 |
the violation, and upon such other factors deemed
relevant by |
| 2102 |
the division. For example, the division may
consider whether the |
| 2103 |
violations were committed by a developer or
owner-controlled |
| 2104 |
association, the size of the association, and
other factors. The |
| 2105 |
guidelines must designate the possible mitigating
or aggravating |
| 2106 |
circumstances that justify a departure from the
range of |
| 2107 |
penalties provided by the rules. It is the
legislative intent |
| 2108 |
that minor violations be distinguished from those
which endanger |
| 2109 |
the health, safety, or welfare of the condominium
residents or |
| 2110 |
other persons and that such guidelines provide
reasonable and |
| 2111 |
meaningful notice to the public of likely
penalties that may be |
| 2112 |
imposed for proscribed conduct. This subsection
does not limit |
| 2113 |
the ability of the division to informally dispose
of |
| 2114 |
administrative actions or complaints by
stipulation, agreed |
| 2115 |
settlement, or consent order. All amounts
collected shall be |
| 2116 |
deposited with the Chief Financial Officer to the
credit of the |
| 2117 |
Division of Florida Land Sales,
Condominiums, Timeshares, and |
| 2118 |
Mobile Homes Trust Fund. If a developer fails to
pay the civil |
| 2119 |
penalty, the division shall thereupon
issue an order directing |
| 2120 |
that such developer cease and desist from further
operation |
| 2121 |
until such time as the civil penalty is paid or
may pursue |
| 2122 |
enforcement of the penalty in a court of
competent jurisdiction. |
| 2123 |
If an association fails to pay the civil penalty,
the division |
| 2124 |
shall thereupon pursue enforcement in a
court of competent |
| 2125 |
jurisdiction, and the order imposing the civil
penalty or the |
| 2126 |
cease and desist order will not become effective
until 20 days |
| 2127 |
after the date of such order. Any action
commenced by the |
| 2128 |
division shall be brought in the county in which
the division |
| 2129 |
has its executive offices or in the county where
the violation |
| 2130 |
occurred. |
| 2131 |
7. In
addition to subparagraph 6., the division may seek |
| 2132 |
the imposition of a civil penalty through the
circuit court for |
| 2133 |
any violation for which the division may issue
a notice to show |
| 2134 |
cause under paragraph (q). The civil penalty
shall be at least |
| 2135 |
$500 but no more than $5,000 for each
violation. The court may |
| 2136 |
also award to the prevailing party court costs
and reasonable |
| 2137 |
attorney's fees and, if the division prevails,
may also award |
| 2138 |
reasonable costs of investigation. |
| 2139 |
(e) The
division may is authorized to prepare and |
| 2140 |
disseminate a prospectus and other information to
assist |
| 2141 |
prospective owners, purchasers, lessees, and
developers of |
| 2142 |
residential condominiums in assessing the rights,
privileges, |
| 2143 |
and duties pertaining thereto. |
| 2144 |
(f) The
division has authority to adopt rules pursuant to |
| 2145 |
ss. 120.536(1) and 120.54 to implement and
enforce the |
| 2146 |
provisions of this chapter. |
| 2147 |
(g) The
division shall establish procedures for providing |
| 2148 |
notice to an association when the division is
considering the |
| 2149 |
issuance of a declaratory statement with respect
to the |
| 2150 |
declaration of condominium or any related
document governing in |
| 2151 |
such condominium community. |
| 2152 |
(h) The
division shall furnish each association which pays |
| 2153 |
the fees required by paragraph (2)(a) a copy of
this act, |
| 2154 |
subsequent changes to this act on an annual
basis, an amended |
| 2155 |
version of this act as it becomes available from
the Secretary |
| 2156 |
of State's office on a biennial basis, and the
rules adopted |
| 2157 |
promulgated pursuant
thereto on an annual
basis. |
| 2158 |
(i) The
division shall annually provide each association |
| 2159 |
with a summary of declaratory statements and
formal legal |
| 2160 |
opinions relating to the operations of
condominiums which were |
| 2161 |
rendered by the division during the previous
year. |
| 2162 |
(j) The
division shall provide training programs for |
| 2163 |
condominium association board members and unit
owners. |
| 2164 |
(k) The
division shall maintain a toll-free telephone |
| 2165 |
number accessible to condominium unit owners. |
| 2166 |
(l) The
division shall develop a program to certify both |
| 2167 |
volunteer and paid mediators to provide mediation
of condominium |
| 2168 |
disputes. The division shall provide, upon
request, a list of |
| 2169 |
such mediators to any association, unit owner, or
other |
| 2170 |
participant in arbitration proceedings under s.
718.1255 |
| 2171 |
requesting a copy of the list. The division shall
include on the |
| 2172 |
list of volunteer mediators only the names of
persons who have |
| 2173 |
received at least 20 hours of training in
mediation techniques |
| 2174 |
or who have mediated at least 20 disputes. In
order to become |
| 2175 |
initially certified by the division, paid
mediators must be |
| 2176 |
certified by the Supreme Court to mediate court
cases in either |
| 2177 |
county or circuit courts. However, the division
may adopt, by |
| 2178 |
rule, additional factors for the certification of
paid |
| 2179 |
mediators, which factors must be related to
experience, |
| 2180 |
education, or background. Any person initially
certified as a |
| 2181 |
paid mediator by the division must, in order to
continue to be |
| 2182 |
certified, comply with the factors or
requirements imposed by |
| 2183 |
rules adopted by the division. |
| 2184 |
(m) When
a complaint is made, the division shall conduct |
| 2185 |
its inquiry with due regard to the interests of
the affected |
| 2186 |
parties. Within 30 days after receipt of a
complaint, the |
| 2187 |
division shall acknowledge the complaint in
writing and notify |
| 2188 |
the complainant whether the complaint is within
the jurisdiction |
| 2189 |
of the division and whether additional
information is needed by |
| 2190 |
the division from the complainant. The division
shall conduct |
| 2191 |
its investigation and shall, within 90 days after
receipt of the |
| 2192 |
original complaint or of timely requested
additional |
| 2193 |
information, take action upon the complaint.
However, the |
| 2194 |
failure to complete the investigation within 90
days does not |
| 2195 |
prevent the division from continuing the
investigation, |
| 2196 |
accepting or considering evidence obtained or
received after 90 |
| 2197 |
days, or taking administrative action if
reasonable cause exists |
| 2198 |
to believe that a violation of this chapter or a
rule of the |
| 2199 |
division has occurred. If an investigation is not
completed |
| 2200 |
within the time limits established in this
paragraph, the |
| 2201 |
division shall, on a monthly basis, notify the
complainant in |
| 2202 |
writing of the status of the investigation. When
reporting its |
| 2203 |
action to the complainant, the division shall
inform the |
| 2204 |
complainant of any right to a hearing pursuant to
ss. 120.569 |
| 2205 |
and 120.57. |
| 2206 |
(n) The
division may: |
| 2207 |
1. Contract
with agencies in this state or other |
| 2208 |
jurisdictions to perform investigative
functions; or |
| 2209 |
2. Accept
grants-in-aid from any source. |
| 2210 |
(o) The
division shall cooperate with similar agencies in |
| 2211 |
other jurisdictions to establish uniform
filing procedures and |
| 2212 |
forms, public offering statements, advertising
standards, and |
| 2213 |
rules and common administrative practices. |
| 2214 |
(p) The
division shall consider notice to a developer to |
| 2215 |
be complete when it is delivered to the
developer's address |
| 2216 |
currently on file with the division. |
| 2217 |
(q) In
addition to its enforcement authority, the division |
| 2218 |
may issue a notice to show cause, which shall
provide for a |
| 2219 |
hearing, upon written request, in accordance
with chapter 120. |
| 2220 |
(2)(a) Effective
January 1, 1992, Each condominium |
| 2221 |
association which operates more than two units
shall pay to the |
| 2222 |
division an annual fee in the amount of $4 for
each residential |
| 2223 |
unit in condominiums operated by the association.
If the fee is |
| 2224 |
not paid by March 1, then the association
shall be assessed a |
| 2225 |
penalty of 10 percent of the amount due, and the
association |
| 2226 |
will not have standing to maintain or defend any
action in the |
| 2227 |
courts of this state until the amount due, plus
any penalty, is |
| 2228 |
paid. |
| 2229 |
(b) All
fees shall be deposited in the Division of Florida |
| 2230 |
Land Sales, Condominiums, Timeshares,
and Mobile Homes Trust |
| 2231 |
Fund as provided by law. |
| 2232 |
Section 49. Subsection
(1) of section 718.5011, Florida |
| 2233 |
Statutes, is amended to read: |
| 2234 |
718.5011 Ombudsman;
appointment; administration.-- |
| 2235 |
(1) There
is created an Office of the Condominium |
| 2236 |
Ombudsman, to be located for administrative
purposes within the |
| 2237 |
Division of Florida Land Sales,
Condominiums, Timeshares, and |
| 2238 |
Mobile Homes. The functions of the office shall
be funded by the |
| 2239 |
Division of Florida Land Sales,
Condominiums, Timeshares, and |
| 2240 |
Mobile Homes Trust Fund. The ombudsman shall be a
bureau chief |
| 2241 |
of the division, and the office shall be set
within the division |
| 2242 |
in the same manner as any other bureau is staffed
and funded. |
| 2243 |
Section 50. Paragraph
(a) of subsection (2) of section |
| 2244 |
718.502, Florida Statutes, is amended to read: |
| 2245 |
718.502 Filing
prior to sale or lease.-- |
| 2246 |
(2)(a) Prior
to filing as required by subsection (1), and |
| 2247 |
prior to acquiring an ownership, leasehold, or
contractual |
| 2248 |
interest in the land upon which the condominium
is to be |
| 2249 |
developed, a developer shall not offer a contract
for purchase |
| 2250 |
of a unit or lease of a unit for more than 5
years. However, the |
| 2251 |
developer may accept deposits for reservations
upon the approval |
| 2252 |
of a fully executed escrow agreement and
reservation agreement |
| 2253 |
form properly filed with the Division of Florida Land
Sales, |
| 2254 |
Condominiums, Timeshares,
and Mobile
Homes. Each filing of a |
| 2255 |
proposed reservation program shall be accompanied
by a filing |
| 2256 |
fee of $250. Reservations shall not be taken on a
proposed |
| 2257 |
condominium unless the developer has an
ownership, leasehold, or |
| 2258 |
contractual interest in the land upon which the
condominium is |
| 2259 |
to be developed. The division shall notify the
developer within |
| 2260 |
20 days of receipt of the reservation filing of
any deficiencies |
| 2261 |
contained therein. Such notification shall not
preclude the |
| 2262 |
determination of reservation filing deficiencies
at a later |
| 2263 |
date, nor shall it relieve the developer of any
responsibility |
| 2264 |
under the law. The escrow agreement and the
reservation |
| 2265 |
agreement form shall include a statement of the
right of the |
| 2266 |
prospective purchaser to an immediate unqualified
refund of the |
| 2267 |
reservation deposit moneys upon written request
to the escrow |
| 2268 |
agent by the prospective purchaser or the
developer. |
| 2269 |
Section 51. Section
718.504, Florida Statutes, is amended |
| 2270 |
to read: |
| 2271 |
718.504 Prospectus
or offering circular.--Every developer |
| 2272 |
of a residential condominium which contains more
than 20 |
| 2273 |
residential units, or which is part of a group of
residential |
| 2274 |
condominiums which will be served by property to
be used in |
| 2275 |
common by unit owners of more than 20 residential
units, shall |
| 2276 |
prepare a prospectus or offering circular and
file it with the |
| 2277 |
Division of Florida Land Sales,
Condominiums, Timeshares, and |
| 2278 |
Mobile Homes prior to entering into an
enforceable contract of |
| 2279 |
purchase and sale of any unit or lease of a unit
for more than 5 |
| 2280 |
years and shall furnish a copy of the prospectus
or offering |
| 2281 |
circular to each buyer. In addition to the
prospectus or |
| 2282 |
offering circular, each buyer shall be furnished
a separate page |
| 2283 |
entitled "Frequently Asked Questions and
Answers," which shall |
| 2284 |
be in accordance with a format approved by the
division and a |
| 2285 |
copy of the financial information required by s.
718.111. This |
| 2286 |
page shall, in readable language, inform
prospective purchasers |
| 2287 |
regarding their voting rights and unit use
restrictions, |
| 2288 |
including restrictions on the leasing of a unit;
shall indicate |
| 2289 |
whether and in what amount the unit owners or the
association is |
| 2290 |
obligated to pay rent or land use fees for
recreational or other |
| 2291 |
commonly used facilities; shall contain a
statement identifying |
| 2292 |
that amount of assessment which, pursuant to the
budget, would |
| 2293 |
be levied upon each unit type, exclusive of any
special |
| 2294 |
assessments, and which shall further identify the
basis upon |
| 2295 |
which assessments are levied, whether monthly,
quarterly, or |
| 2296 |
otherwise; shall state and identify any court
cases in which the |
| 2297 |
association is currently a party of record in
which the |
| 2298 |
association may face liability in excess of
$100,000; and which |
| 2299 |
shall further state whether membership in a
recreational |
| 2300 |
facilities association is mandatory, and if so,
shall identify |
| 2301 |
the fees currently charged per unit type. The
division shall by |
| 2302 |
rule require such other disclosure as in its
judgment will |
| 2303 |
assist prospective purchasers. The prospectus or
offering |
| 2304 |
circular may include more than one condominium,
although not all |
| 2305 |
such units are being offered for sale as of the
date of the |
| 2306 |
prospectus or offering circular. The prospectus
or offering |
| 2307 |
circular must contain the following information: |
| 2308 |
(1) The
front cover or the first page must contain only: |
| 2309 |
(a) The
name of the condominium. |
| 2310 |
(b) The
following statements in conspicuous type: |
| 2311 |
1. THIS
PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT |
| 2312 |
MATTERS TO BE CONSIDERED IN ACQUIRING A
CONDOMINIUM UNIT. |
| 2313 |
2. THE
STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN |
| 2314 |
NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO
ALL REFERENCES, |
| 2315 |
ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND
SALES |
| 2316 |
MATERIALS. |
| 2317 |
3. ORAL
REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY |
| 2318 |
STATING THE REPRESENTATIONS OF THE DEVELOPER.
REFER TO THIS |
| 2319 |
PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS
FOR CORRECT |
| 2320 |
REPRESENTATIONS. |
| 2321 |
(2) Summary:
The next page must contain all statements |
| 2322 |
required to be in conspicuous type in the
prospectus or offering |
| 2323 |
circular. |
| 2324 |
(3) A
separate index of the contents and exhibits of the |
| 2325 |
prospectus. |
| 2326 |
(4) Beginning
on the first page of the text (not including |
| 2327 |
the summary and index), a description of the
condominium, |
| 2328 |
including, but not limited to, the following
information: |
| 2329 |
(a) Its
name and location. |
| 2330 |
(b) A
description of the condominium property, including, |
| 2331 |
without limitation: |
| 2332 |
1. The
number of buildings, the number of units in each |
| 2333 |
building, the number of bathrooms and bedrooms in
each unit, and |
| 2334 |
the total number of units, if the condominium is
not a phase |
| 2335 |
condominium, or the maximum number of buildings
that may be |
| 2336 |
contained within the condominium, the minimum and
maximum |
| 2337 |
numbers of units in each building, the minimum
and maximum |
| 2338 |
numbers of bathrooms and bedrooms that may be
contained in each |
| 2339 |
unit, and the maximum number of units that may be
contained |
| 2340 |
within the condominium, if the condominium is a
phase |
| 2341 |
condominium. |
| 2342 |
2. The
page in the condominium documents where a copy of |
| 2343 |
the plot plan and survey of the condominium is
located. |
| 2344 |
3. The
estimated latest date of completion of |
| 2345 |
constructing, finishing, and equipping. In lieu
of a date, the |
| 2346 |
description shall include a statement that the
estimated date of |
| 2347 |
completion of the condominium is in the purchase
agreement and a |
| 2348 |
reference to the article or paragraph containing
that |
| 2349 |
information. |
| 2350 |
(c) The
maximum number of units that will use facilities |
| 2351 |
in common with the condominium. If the maximum
number of units |
| 2352 |
will vary, a description of the basis for
variation and the |
| 2353 |
minimum amount of dollars per unit to be spent
for additional |
| 2354 |
recreational facilities or enlargement of such
facilities. If |
| 2355 |
the addition or enlargement of facilities will
result in a |
| 2356 |
material increase of a unit owner's maintenance
expense or |
| 2357 |
rental expense, if any, the maximum increase and
limitations |
| 2358 |
thereon shall be stated. |
| 2359 |
(5)(a) A
statement in conspicuous type describing whether |
| 2360 |
the condominium is created and being sold as fee
simple |
| 2361 |
interests or as leasehold interests. If the
condominium is |
| 2362 |
created or being sold on a leasehold, the
location of the lease |
| 2363 |
in the disclosure materials shall be stated. |
| 2364 |
(b) If
timeshare estates are or may be created with |
| 2365 |
respect to any unit in the condominium, a
statement in |
| 2366 |
conspicuous type stating that timeshare estates
are created and |
| 2367 |
being sold in units in the condominium. |
| 2368 |
(6) A
description of the recreational and other commonly |
| 2369 |
used facilities that will be used only by unit
owners of the |
| 2370 |
condominium, including, but not limited to, the
following: |
| 2371 |
(a) Each
room and its intended purposes, location, |
| 2372 |
approximate floor area, and capacity in numbers
of people. |
| 2373 |
(b) Each
swimming pool, as to its general location, |
| 2374 |
approximate size and depths, approximate deck
size and capacity, |
| 2375 |
and whether heated. |
| 2376 |
(c) Additional
facilities, as to the number of each |
| 2377 |
facility, its approximate location, approximate
size, and |
| 2378 |
approximate capacity. |
| 2379 |
(d) A
general description of the items of personal |
| 2380 |
property and the approximate number of each item
of personal |
| 2381 |
property that the developer is committing to
furnish for each |
| 2382 |
room or other facility or, in the alternative, a
representation |
| 2383 |
as to the minimum amount of expenditure that will
be made to |
| 2384 |
purchase the personal property for the facility. |
| 2385 |
(e) The
estimated date when each room or other facility |
| 2386 |
will be available for use by the unit owners. |
| 2387 |
(f)1. An
identification of each room or other facility to |
| 2388 |
be used by unit owners that will not be owned by
the unit owners |
| 2389 |
or the association; |
| 2390 |
2. A
reference to the location in the disclosure materials |
| 2391 |
of the lease or other agreements providing for
the use of those |
| 2392 |
facilities; and |
| 2393 |
3. A
description of the terms of the lease or other |
| 2394 |
agreements, including the length of the term; the
rent payable, |
| 2395 |
directly or indirectly, by each unit owner, and
the total rent |
| 2396 |
payable to the lessor, stated in monthly and
annual amounts for |
| 2397 |
the entire term of the lease; and a description
of any option to |
| 2398 |
purchase the property leased under any such
lease, including the |
| 2399 |
time the option may be exercised, the purchase
price or how it |
| 2400 |
is to be determined, the manner of payment, and
whether the |
| 2401 |
option may be exercised for a unit owner's share
or only as to |
| 2402 |
the entire leased property. |
| 2403 |
(g) A
statement as to whether the developer may provide |
| 2404 |
additional facilities not described above; their
general |
| 2405 |
locations and types; improvements or changes that
may be made; |
| 2406 |
the approximate dollar amount to be expended; and
the maximum |
| 2407 |
additional common expense or cost to the
individual unit owners |
| 2408 |
that may be charged during the first annual
period of operation |
| 2409 |
of the modified or added facilities. |
| 2410 |
|
| 2411 |
Descriptions as to locations, areas, capacities,
numbers, |
| 2412 |
volumes, or sizes may be stated as approximations
or minimums. |
| 2413 |
(7) A
description of the recreational and other facilities |
| 2414 |
that will be used in common with other
condominiums, community |
| 2415 |
associations, or planned developments which
require the payment |
| 2416 |
of the maintenance and expenses of such
facilities, either |
| 2417 |
directly or indirectly, by the unit owners. The
description |
| 2418 |
shall include, but not be limited to, the
following: |
| 2419 |
(a) Each
building and facility committed to be built. |
| 2420 |
(b) Facilities
not committed to be built except under |
| 2421 |
certain conditions, and a statement of those
conditions or |
| 2422 |
contingencies. |
| 2423 |
(c) As
to each facility committed to be built, or which |
| 2424 |
will be committed to be built upon the happening
of one of the |
| 2425 |
conditions in paragraph (b), a statement of
whether it will be |
| 2426 |
owned by the unit owners having the use thereof
or by an |
| 2427 |
association or other entity which will be
controlled by them, or |
| 2428 |
others, and the location in the exhibits of the
lease or other |
| 2429 |
document providing for use of those facilities. |
| 2430 |
(d) The
year in which each facility will be available for |
| 2431 |
use by the unit owners or, in the alternative,
the maximum |
| 2432 |
number of unit owners in the project at the time
each of all of |
| 2433 |
the facilities is committed to be completed. |
| 2434 |
(e) A
general description of the items of personal |
| 2435 |
property, and the approximate number of each item
of personal |
| 2436 |
property, that the developer is committing to
furnish for each |
| 2437 |
room or other facility or, in the alternative, a
representation |
| 2438 |
as to the minimum amount of expenditure that will
be made to |
| 2439 |
purchase the personal property for the facility. |
| 2440 |
(f) If
there are leases, a description thereof, including |
| 2441 |
the length of the term, the rent payable, and a
description of |
| 2442 |
any option to purchase. |
| 2443 |
|
| 2444 |
Descriptions shall include location, areas,
capacities, numbers, |
| 2445 |
volumes, or sizes and may be stated as
approximations or |
| 2446 |
minimums. |
| 2447 |
(8) Recreation
lease or associated club membership: |
| 2448 |
(a) If
any recreational facilities or other facilities |
| 2449 |
offered by the developer and available to, or to
be used by, |
| 2450 |
unit owners are to be leased or have club
membership associated, |
| 2451 |
the following statement in conspicuous type shall
be included: |
| 2452 |
THERE IS A RECREATIONAL FACILITIES LEASE
ASSOCIATED WITH THIS |
| 2453 |
CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP
ASSOCIATED WITH THIS |
| 2454 |
CONDOMINIUM. There shall be a reference to the
location in the |
| 2455 |
disclosure materials where the recreation lease
or club |
| 2456 |
membership is described in detail. |
| 2457 |
(b) If
it is mandatory that unit owners pay a fee, rent, |
| 2458 |
dues, or other charges under a recreational
facilities lease or |
| 2459 |
club membership for the use of facilities, there
shall be in |
| 2460 |
conspicuous type the applicable statement: |
| 2461 |
1. MEMBERSHIP
IN THE RECREATIONAL FACILITIES CLUB IS |
| 2462 |
MANDATORY FOR UNIT OWNERS; or |
| 2463 |
2. UNIT
OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP, |
| 2464 |
TO BE LESSEES UNDER THE RECREATIONAL FACILITIES
LEASE; or |
| 2465 |
3. UNIT
OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE |
| 2466 |
COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT,
UPKEEP, |
| 2467 |
REPLACEMENT, RENT, AND FEES UNDER THE
RECREATIONAL FACILITIES |
| 2468 |
LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE
FACILITIES); or |
| 2469 |
4. A
similar statement of the nature of the organization |
| 2470 |
or the manner in which the use rights are
created, and that unit |
| 2471 |
owners are required to pay. |
| 2472 |
|
| 2473 |
Immediately following the applicable statement,
the location in |
| 2474 |
the disclosure materials where the development is
described in |
| 2475 |
detail shall be stated. |
| 2476 |
(c) If
the developer, or any other person other than the |
| 2477 |
unit owners and other persons having use rights
in the |
| 2478 |
facilities, reserves, or is entitled to receive,
any rent, fee, |
| 2479 |
or other payment for the use of the facilities,
then there shall |
| 2480 |
be the following statement in conspicuous type:
THE UNIT OWNERS |
| 2481 |
OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE
FEES FOR |
| 2482 |
RECREATIONAL OR OTHER COMMONLY USED FACILITIES.
Immediately |
| 2483 |
following this statement, the location in the
disclosure |
| 2484 |
materials where the rent or land use fees are
described in |
| 2485 |
detail shall be stated. |
| 2486 |
(d) If,
in any recreation format, whether leasehold, club, |
| 2487 |
or other, any person other than the association
has the right to |
| 2488 |
a lien on the units to secure the payment of
assessments, rent, |
| 2489 |
or other exactions, there shall appear a
statement in |
| 2490 |
conspicuous type in substantially the following
form: |
| 2491 |
1. THERE
IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO |
| 2492 |
SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS
UNDER THE |
| 2493 |
RECREATION LEASE. THE UNIT OWNER'S FAILURE TO
MAKE THESE |
| 2494 |
PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN;
or |
| 2495 |
2. THERE
IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO |
| 2496 |
SECURE THE PAYMENT OF ASSESSMENTS OR OTHER
EXACTIONS COMING DUE |
| 2497 |
FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF
THE RECREATIONAL |
| 2498 |
OR COMMONLY USED FACILITIES. THE UNIT OWNER'S
FAILURE TO MAKE |
| 2499 |
THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE
LIEN. |
| 2500 |
|
| 2501 |
Immediately following the applicable statement,
the location in |
| 2502 |
the disclosure materials where the lien or lien
right is |
| 2503 |
described in detail shall be stated. |
| 2504 |
(9) If
the developer or any other person has the right to |
| 2505 |
increase or add to the recreational facilities at
any time after |
| 2506 |
the establishment of the condominium whose unit
owners have use |
| 2507 |
rights therein, without the consent of the unit
owners or |
| 2508 |
associations being required, there shall appear a
statement in |
| 2509 |
conspicuous type in substantially the following
form: |
| 2510 |
RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED
WITHOUT CONSENT |
| 2511 |
OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately
following this |
| 2512 |
statement, the location in the disclosure
materials where such |
| 2513 |
reserved rights are described shall be stated. |
| 2514 |
(10) A
statement of whether the developer's plan includes |
| 2515 |
a program of leasing units rather than selling
them, or leasing |
| 2516 |
units and selling them subject to such leases. If
so, there |
| 2517 |
shall be a description of the plan, including the
number and |
| 2518 |
identification of the units and the provisions
and term of the |
| 2519 |
proposed leases, and a statement in boldfaced
type that: THE |
| 2520 |
UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE. |
| 2521 |
(11) The
arrangements for management of the association |
| 2522 |
and maintenance and operation of the condominium
property and of |
| 2523 |
other property that will serve the unit owners of
the |
| 2524 |
condominium property, and a description of the
management |
| 2525 |
contract and all other contracts for these
purposes having a |
| 2526 |
term in excess of 1 year, including the
following: |
| 2527 |
(a) The
names of contracting parties. |
| 2528 |
(b) The
term of the contract. |
| 2529 |
(c) The
nature of the services included. |
| 2530 |
(d) The
compensation, stated on a monthly and annual |
| 2531 |
basis, and provisions for increases in the
compensation. |
| 2532 |
(e) A
reference to the volumes and pages of the |
| 2533 |
condominium documents and of the exhibits
containing copies of |
| 2534 |
such contracts. |
| 2535 |
|
| 2536 |
Copies of all described contracts shall be
attached as exhibits. |
| 2537 |
If there is a contract for the management of the
condominium |
| 2538 |
property, then a statement in conspicuous type in
substantially |
| 2539 |
the following form shall appear, identifying the
proposed or |
| 2540 |
existing contract manager: THERE IS (IS TO BE) A
CONTRACT FOR |
| 2541 |
THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH
(NAME OF THE |
| 2542 |
CONTRACT MANAGER). Immediately following this
statement, the |
| 2543 |
location in the disclosure materials of the
contract for |
| 2544 |
management of the condominium property shall be
stated. |
| 2545 |
(12) If
the developer or any other person or persons other |
| 2546 |
than the unit owners has the right to retain
control of the |
| 2547 |
board of administration of the association for a
period of time |
| 2548 |
which can exceed 1 year after the closing of the
sale of a |
| 2549 |
majority of the units in that condominium to
persons other than |
| 2550 |
successors or alternate developers, then a
statement in |
| 2551 |
conspicuous type in substantially the following
form shall be |
| 2552 |
included: THE DEVELOPER (OR OTHER PERSON) HAS THE
RIGHT TO |
| 2553 |
RETAIN CONTROL OF THE ASSOCIATION AFTER A
MAJORITY OF THE UNITS |
| 2554 |
HAVE BEEN SOLD. Immediately following this
statement, the |
| 2555 |
location in the disclosure materials where this
right to control |
| 2556 |
is described in detail shall be stated. |
| 2557 |
(13) If
there are any restrictions upon the sale, |
| 2558 |
transfer, conveyance, or leasing of a unit, then
a statement in |
| 2559 |
conspicuous type in substantially the following
form shall be |
| 2560 |
included: THE SALE, LEASE, OR TRANSFER OF UNITS
IS RESTRICTED OR |
| 2561 |
CONTROLLED. Immediately following this statement,
the location |
| 2562 |
in the disclosure materials where the
restriction, limitation, |
| 2563 |
or control on the sale, lease, or transfer of
units is described |
| 2564 |
in detail shall be stated. |
| 2565 |
(14) If
the condominium is part of a phase project, the |
| 2566 |
following information shall be stated: |
| 2567 |
(a) A
statement in conspicuous type in substantially the |
| 2568 |
following form: THIS IS A PHASE CONDOMINIUM.
ADDITIONAL LAND AND |
| 2569 |
UNITS MAY BE ADDED TO THIS CONDOMINIUM.
Immediately following |
| 2570 |
this statement, the location in the disclosure
materials where |
| 2571 |
the phasing is described shall be stated. |
| 2572 |
(b) A
summary of the provisions of the declaration which |
| 2573 |
provide for the phasing. |
| 2574 |
(c) A
statement as to whether or not residential buildings |
| 2575 |
and units which are added to the condominium may
be |
| 2576 |
substantially different from the residential
buildings and units |
| 2577 |
originally in the condominium. If the added
residential |
| 2578 |
buildings and units may be substantially
different, there shall |
| 2579 |
be a general description of the extent to which
such added |
| 2580 |
residential buildings and units may differ, and a
statement in |
| 2581 |
conspicuous type in substantially the following
form shall be |
| 2582 |
included: BUILDINGS AND UNITS WHICH ARE ADDED TO
THE CONDOMINIUM |
| 2583 |
MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER
BUILDINGS AND |
| 2584 |
UNITS IN THE CONDOMINIUM. Immediately following
this statement, |
| 2585 |
the location in the disclosure materials where
the extent to |
| 2586 |
which added residential buildings and units may
substantially |
| 2587 |
differ is described shall be stated. |
| 2588 |
(d) A
statement of the maximum number of buildings |
| 2589 |
containing units, the maximum and minimum numbers
of units in |
| 2590 |
each building, the maximum number of units, and
the minimum and |
| 2591 |
maximum square footage of the units that may be
contained within |
| 2592 |
each parcel of land which may be added to the
condominium. |
| 2593 |
(15) If
a condominium created on or after July 1, 2000, is |
| 2594 |
or may become part of a multicondominium, the
following |
| 2595 |
information must be provided: |
| 2596 |
(a) A
statement in conspicuous type in substantially the |
| 2597 |
following form: THIS CONDOMINIUM IS (MAY BE) PART
OF A |
| 2598 |
MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER
CONDOMINIUMS WILL |
| 2599 |
(MAY) BE OPERATED BY THE SAME ASSOCIATION.
Immediately following |
| 2600 |
this statement, the location in the prospectus or
offering |
| 2601 |
circular and its exhibits where the
multicondominium aspects of |
| 2602 |
the offering are described must be stated. |
| 2603 |
(b) A
summary of the provisions in the declaration, |
| 2604 |
articles of incorporation, and bylaws which
establish and |
| 2605 |
provide for the operation of the multicondominium,
including a |
| 2606 |
statement as to whether unit owners in the
condominium will have |
| 2607 |
the right to use recreational or other facilities
located or |
| 2608 |
planned to be located in other condominiums
operated by the same |
| 2609 |
association, and the manner of sharing the common
expenses |
| 2610 |
related to such facilities. |
| 2611 |
(c) A
statement of the minimum and maximum number of |
| 2612 |
condominiums, and the minimum and maximum number
of units in |
| 2613 |
each of those condominiums, which will or may be
operated by the |
| 2614 |
association, and the latest date by which the
exact number will |
| 2615 |
be finally determined. |
| 2616 |
(d) A
statement as to whether any of the condominiums in |
| 2617 |
the multicondominium may include units intended
to be used for |
| 2618 |
nonresidential purposes and the purpose or
purposes permitted |
| 2619 |
for such use. |
| 2620 |
(e) A
general description of the location and approximate |
| 2621 |
acreage of any land on which any additional
condominiums to be |
| 2622 |
operated by the association may be located. |
| 2623 |
(16) If
the condominium is created by conversion of |
| 2624 |
existing improvements, the following information
shall be |
| 2625 |
stated: |
| 2626 |
(a) The
information required by s. 718.616. |
| 2627 |
(b) A
caveat that there are no express warranties unless |
| 2628 |
they are stated in writing by the developer. |
| 2629 |
(17) A
summary of the restrictions, if any, to be imposed |
| 2630 |
on units concerning the use of any of the
condominium property, |
| 2631 |
including statements as to whether there are
restrictions upon |
| 2632 |
children and pets, and reference to the volumes
and pages of the |
| 2633 |
condominium documents where such restrictions are
found, or if |
| 2634 |
such restrictions are contained elsewhere, then a
copy of the |
| 2635 |
documents containing the restrictions shall be
attached as an |
| 2636 |
exhibit. |
| 2637 |
(18) If
there is any land that is offered by the developer |
| 2638 |
for use by the unit owners and that is neither
owned by them nor |
| 2639 |
leased to them, the association, or any entity
controlled by |
| 2640 |
unit owners and other persons having the use
rights to such |
| 2641 |
land, a statement shall be made as to how such
land will serve |
| 2642 |
the condominium. If any part of such land will
serve the |
| 2643 |
condominium, the statement shall describe the
land and the |
| 2644 |
nature and term of service, and the declaration
or other |
| 2645 |
instrument creating such servitude shall be
included as an |
| 2646 |
exhibit. |
| 2647 |
(19) The
manner in which utility and other services, |
| 2648 |
including, but not limited to, sewage and waste
disposal, water |
| 2649 |
supply, and storm drainage, will be provided and
the person or |
| 2650 |
entity furnishing them. |
| 2651 |
(20) An
explanation of the manner in which the |
| 2652 |
apportionment of common expenses and ownership of
the common |
| 2653 |
elements has been determined. |
| 2654 |
(21) An
estimated operating budget for the condominium and |
| 2655 |
the association, and a schedule of the unit
owner's expenses |
| 2656 |
shall be attached as an exhibit and shall contain
the following |
| 2657 |
information: |
| 2658 |
(a) The
estimated monthly and annual expenses of the |
| 2659 |
condominium and the association that are
collected from unit |
| 2660 |
owners by assessments. |
| 2661 |
(b) The
estimated monthly and annual expenses of each unit |
| 2662 |
owner for a unit, other than common expenses paid
by all unit |
| 2663 |
owners, payable by the unit owner to persons or
entities other |
| 2664 |
than the association, as well as to the
association, including |
| 2665 |
fees assessed pursuant to s. 718.113(1) for
maintenance of |
| 2666 |
limited common elements where such costs are
shared only by |
| 2667 |
those entitled to use the limited common element,
and the total |
| 2668 |
estimated monthly and annual expense. There may
be excluded from |
| 2669 |
this estimate expenses which are not provided for
or |
| 2670 |
contemplated by the condominium documents,
including, but not |
| 2671 |
limited to, the costs of private telephone;
maintenance of the |
| 2672 |
interior of condominium units, which is not the
obligation of |
| 2673 |
the association; maid or janitorial services
privately |
| 2674 |
contracted for by the unit owners; utility bills
billed directly |
| 2675 |
to each unit owner for utility services to his or
her unit; |
| 2676 |
insurance premiums other than those incurred for
policies |
| 2677 |
obtained by the condominium; and similar personal
expenses of |
| 2678 |
the unit owner. A unit owner's estimated payments
for |
| 2679 |
assessments shall also be stated in the estimated
amounts for |
| 2680 |
the times when they will be due. |
| 2681 |
(c) The
estimated items of expenses of the condominium and |
| 2682 |
the association, except as excluded under
paragraph (b), |
| 2683 |
including, but not limited to, the following
items, which shall |
| 2684 |
be stated either as an association expense
collectible by |
| 2685 |
assessments or as unit owners' expenses payable
to persons other |
| 2686 |
than the association: |
| 2687 |
1. Expenses
for the association and condominium: |
| 2688 |
a. Administration
of the association. |
| 2689 |
b. Management
fees. |
| 2690 |
c. Maintenance. |
| 2691 |
d. Rent
for recreational and other commonly used |
| 2692 |
facilities. |
| 2693 |
e. Taxes
upon association property. |
| 2694 |
f. Taxes
upon leased areas. |
| 2695 |
g. Insurance. |
| 2696 |
h. Security
provisions. |
| 2697 |
i. Other
expenses. |
| 2698 |
j. Operating
capital. |
| 2699 |
k. Reserves. |
| 2700 |
l. Fees
payable to the division. |
| 2701 |
2. Expenses
for a unit owner: |
| 2702 |
a. Rent
for the unit, if subject to a lease. |
| 2703 |
b. Rent
payable by the unit owner directly to the lessor |
| 2704 |
or agent under any recreational lease or lease
for the use of |
| 2705 |
commonly used facilities, which use and payment
is a mandatory |
| 2706 |
condition of ownership and is not included in the
common expense |
| 2707 |
or assessments for common maintenance paid by the
unit owners to |
| 2708 |
the association. |
| 2709 |
(d) The
following statement in conspicuous type: THE |
| 2710 |
BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS
BEEN PREPARED IN |
| 2711 |
ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD
FAITH ESTIMATE |
| 2712 |
ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE
EXPENSES BASED ON |
| 2713 |
FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF
ITS PREPARATION. |
| 2714 |
ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE
ESTIMATED COSTS. SUCH |
| 2715 |
CHANGES IN COST DO NOT CONSTITUTE MATERIAL
ADVERSE CHANGES IN |
| 2716 |
THE OFFERING. |
| 2717 |
(e) Each
budget for an association prepared by a developer |
| 2718 |
consistent with this subsection shall be prepared
in good faith |
| 2719 |
and shall reflect accurate estimated amounts for
the required |
| 2720 |
items in paragraph (c) at the time of the filing
of the offering |
| 2721 |
circular with the division, and subsequent
increased amounts of |
| 2722 |
any item included in the association's estimated
budget that are |
| 2723 |
beyond the control of the developer shall not be
considered an |
| 2724 |
amendment that would give rise to rescission
rights set forth in |
| 2725 |
s. 718.503(1)(a) or (b), nor shall such increases
modify, void, |
| 2726 |
or otherwise affect any guarantee of the
developer contained in |
| 2727 |
the offering circular or any purchase contract.
It is the intent |
| 2728 |
of this paragraph to clarify existing law. |
| 2729 |
(f) The
estimated amounts shall be stated for a period of |
| 2730 |
at least 12 months and may distinguish between
the period prior |
| 2731 |
to the time unit owners other than the developer
elect a |
| 2732 |
majority of the board of administration and the
period after |
| 2733 |
that date. |
| 2734 |
(22) A
schedule of estimated closing expenses to be paid |
| 2735 |
by a buyer or lessee of a unit and a statement of
whether title |
| 2736 |
opinion or title insurance policy is available to
the buyer and, |
| 2737 |
if so, at whose expense. |
| 2738 |
(23) The
identity of the developer and the chief operating |
| 2739 |
officer or principal directing the creation and
sale of the |
| 2740 |
condominium and a statement of its and his or her
experience in |
| 2741 |
this field. |
| 2742 |
(24) Copies
of the following, to the extent they are |
| 2743 |
applicable, shall be included as exhibits: |
| 2744 |
(a) The
declaration of condominium, or the proposed |
| 2745 |
declaration if the declaration has not been
recorded. |
| 2746 |
(b) The
articles of incorporation creating the |
| 2747 |
association. |
| 2748 |
(c) The
bylaws of the association. |
| 2749 |
(d) The
ground lease or other underlying lease of the |
| 2750 |
condominium. |
| 2751 |
(e) The
management agreement and all maintenance and other |
| 2752 |
contracts for management of the association and
operation of the |
| 2753 |
condominium and facilities used by the unit
owners having a |
| 2754 |
service term in excess of 1 year. |
| 2755 |
(f) The
estimated operating budget for the condominium and |
| 2756 |
the required schedule of unit owners' expenses. |
| 2757 |
(g) A
copy of the floor plan of the unit and the plot plan |
| 2758 |
showing the location of the residential buildings
and the |
| 2759 |
recreation and other common areas. |
| 2760 |
(h) The
lease of recreational and other facilities that |
| 2761 |
will be used only by unit owners of the subject
condominium. |
| 2762 |
(i) The
lease of facilities used by owners and others. |
| 2763 |
(j) The
form of unit lease, if the offer is of a |
| 2764 |
leasehold. |
| 2765 |
(k) A
declaration of servitude of properties serving the |
| 2766 |
condominium but not owned by unit owners or
leased to them or |
| 2767 |
the association. |
| 2768 |
(l) The
statement of condition of the existing building or |
| 2769 |
buildings, if the offering is of units in an
operation being |
| 2770 |
converted to condominium ownership. |
| 2771 |
(m) The
statement of inspection for termite damage and |
| 2772 |
treatment of the existing improvements, if the
condominium is a |
| 2773 |
conversion. |
| 2774 |
(n) The
form of agreement for sale or lease of units. |
| 2775 |
(o) A
copy of the agreement for escrow of payments made to |
| 2776 |
the developer prior to closing. |
| 2777 |
(p) A
copy of the documents containing any restrictions on |
| 2778 |
use of the property required by subsection (17). |
| 2779 |
(25) Any
prospectus or offering circular complying, prior |
| 2780 |
to the effective date of this act, with the
provisions of former |
| 2781 |
ss. 711.69 and 711.802 may continue to be used
without amendment |
| 2782 |
or may be amended to comply with the
provisions of this chapter. |
| 2783 |
(26) A
brief narrative description of the location and |
| 2784 |
effect of all existing and intended easements
located or to be |
| 2785 |
located on the condominium property other than
those described |
| 2786 |
in the declaration. |
| 2787 |
(27) If
the developer is required by state or local |
| 2788 |
authorities to obtain acceptance or approval of
any dock or |
| 2789 |
marina facilities intended to serve the
condominium, a copy of |
| 2790 |
any such acceptance or approval acquired by the
time of filing |
| 2791 |
with the division under s. 718.502(1) or a
statement that such |
| 2792 |
acceptance or approval has not been acquired or
received. |
| 2793 |
(28) Evidence
demonstrating that the developer has an |
| 2794 |
ownership, leasehold, or contractual interest in
the land upon |
| 2795 |
which the condominium is to be developed. |
| 2796 |
Section 52. Section
718.508, Florida Statutes, is amended |
| 2797 |
to read: |
| 2798 |
718.508 Regulation
by Division of Hotels and |
| 2799 |
Restaurants.--In addition to the authority,
regulation, or |
| 2800 |
control exercised by the Division of Florida Land
Sales, |
| 2801 |
Condominiums, Timeshares, and Mobile Homes
pursuant to this act |
| 2802 |
with respect to condominiums, buildings included
in a |
| 2803 |
condominium property are shall be
subject to the authority, |
| 2804 |
regulation, or control of the Division of Hotels
and Restaurants |
| 2805 |
of the Department of Business and Professional
Regulation, to |
| 2806 |
the extent provided for in chapter 399. |
| 2807 |
Section 53. Section
718.509, Florida Statutes, is amended, |
| 2808 |
and section 498.019, Florida Statutes, is
transferred, |
| 2809 |
renumbered as subsections (1) and (2) of that
section, and |
| 2810 |
amended to read: |
| 2811 |
718.509 Division
of Florida Land Sales, Condominiums, |
| 2812 |
Timeshares, and Mobile Homes Trust Fund.--All
funds collected by |
| 2813 |
the division and any amount paid for a fee or
penalty under this |
| 2814 |
chapter shall be deposited in the State
Treasury to the credit |
| 2815 |
of the Division of Florida Land Sales,
Condominiums, and Mobile |
| 2816 |
Homes Trust Fund created by s. 498.019. |
| 2817 |
498.019 Division
of Florida Land Sales, Condominiums, and |
| 2818 |
Mobile Homes Trust Fund.-- |
| 2819 |
(1) There
is created within the State Treasury the |
| 2820 |
Division of Florida Land Sales,
Condominiums, Timeshares, and |
| 2821 |
Mobile Homes Trust Fund to be used for the
administration and |
| 2822 |
operation of this chapter and chapters 718, 719,
721, and 723 by |
| 2823 |
the division. |
| 2824 |
(2) All
moneys collected by the division from fees, fines, |
| 2825 |
or penalties or from costs awarded to the
division by a court or |
| 2826 |
administrative final order shall be paid
into the Division of |
| 2827 |
Florida Land Sales, Condominiums, Timeshares,
and Mobile Homes |
| 2828 |
Trust Fund. The Legislature shall appropriate
funds from this |
| 2829 |
trust fund sufficient to carry out the provisions
of this |
| 2830 |
chapter and the provisions of law with respect to
each category |
| 2831 |
of business covered by the this
trust fund. The division shall |
| 2832 |
maintain separate revenue accounts in the trust
fund for each of |
| 2833 |
the businesses regulated by the division. The
division shall |
| 2834 |
provide for the proportionate allocation among
the accounts of |
| 2835 |
expenses incurred by the division in the
performance of its |
| 2836 |
duties with respect to each of these businesses.
As part of its |
| 2837 |
normal budgetary process, the division shall
prepare an annual |
| 2838 |
report of revenue and allocated expenses related
to the |
| 2839 |
operation of each of these businesses which may
be used to |
| 2840 |
determine fees charged by the division. This
subsection shall |
| 2841 |
operate pursuant to the provisions of s. 215.20. |
| 2842 |
Section 54. Paragraph
(a) of subsection (2) of section |
| 2843 |
718.608, Florida Statutes, is amended to read: |
| 2844 |
718.608 Notice
of intended conversion; time of delivery; |
| 2845 |
content.-- |
| 2846 |
(2)(a) Each
notice of intended conversion shall be dated |
| 2847 |
and in writing. The notice shall contain the
following |
| 2848 |
statement, with the phrases of the following
statement which |
| 2849 |
appear in upper case printed in conspicuous type: |
| 2850 |
|
| 2851 |
These apartments
are being converted to condominium by |
| 2852 |
(name of developer) , the developer. |
| 2853 |
1. YOU
MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF |
| 2854 |
YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND
YOUR RENTAL |
| 2855 |
AGREEMENT AS FOLLOWS: |
| 2856 |
a. If
you have continuously been a resident of these |
| 2857 |
apartments during the last 180 days and your
rental agreement |
| 2858 |
expires during the next 270 days, you may extend
your rental |
| 2859 |
agreement for up to 270 days after the date of
this notice. |
| 2860 |
b. If
you have not been a continuous resident of these |
| 2861 |
apartments for the last 180 days and your rental
agreement |
| 2862 |
expires during the next 180 days, you may extend
your rental |
| 2863 |
agreement for up to 180 days after the date of
this notice. |
| 2864 |
c. IN
ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU |
| 2865 |
MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45
DAYS AFTER THE |
| 2866 |
DATE OF THIS NOTICE. |
| 2867 |
2. IF
YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS, |
| 2868 |
you may extend your rental agreement for up to 45
days after the |
| 2869 |
date of this notice while you decide whether to
extend your |
| 2870 |
rental agreement as explained above. To do so,
you must notify |
| 2871 |
the developer in writing. You will then have the
full 45 days to |
| 2872 |
decide whether to extend your rental agreement as
explained |
| 2873 |
above. |
| 2874 |
3. During
the extension of your rental agreement you will |
| 2875 |
be charged the same rent that you are now paying. |
| 2876 |
4. YOU
MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION |
| 2877 |
OF THE RENTAL AGREEMENT AS FOLLOWS: |
| 2878 |
a. If
your rental agreement began or was extended or |
| 2879 |
renewed after May 1, 1980, and your rental
agreement, including |
| 2880 |
extensions and renewals, has an unexpired term of
180 days or |
| 2881 |
less, you may cancel your rental agreement upon
30 days' written |
| 2882 |
notice and move. Also, upon 30 days' written
notice, you may |
| 2883 |
cancel any extension of the rental agreement. |
| 2884 |
b. If
your rental agreement was not begun or was not |
| 2885 |
extended or renewed after May 1, 1980, you may
not cancel the |
| 2886 |
rental agreement without the consent of the
developer. If your |
| 2887 |
rental agreement, including extensions and
renewals, has an |
| 2888 |
unexpired term of 180 days or less, you may,
however, upon 30 |
| 2889 |
days' written notice cancel any extension of the
rental |
| 2890 |
agreement. |
| 2891 |
5. All
notices must be given in writing and sent by mail, |
| 2892 |
return receipt requested, or delivered in person
to the |
| 2893 |
developer at this address: (name and
address of developer) . |
| 2894 |
6. If
you have continuously been a resident of these |
| 2895 |
apartments during the last 180 days: |
| 2896 |
a. You
have the right to purchase your apartment and will |
| 2897 |
have 45 days to decide whether to purchase. If
you do not buy |
| 2898 |
the unit at that price and the unit is later
offered at a lower |
| 2899 |
price, you will have the opportunity to buy the
unit at the |
| 2900 |
lower price. However, in all events your right to
purchase the |
| 2901 |
unit ends when the rental agreement or any
extension of the |
| 2902 |
rental agreement ends or when you waive this
right in writing. |
| 2903 |
b. Within
90 days you will be provided purchase |
| 2904 |
information relating to your apartment, including
the price of |
| 2905 |
your unit and the condition of the building. If
you do not |
| 2906 |
receive this information within 90 days, your
rental agreement |
| 2907 |
and any extension will be extended 1 day for each
day over 90 |
| 2908 |
days until you are given the purchase
information. If you do not |
| 2909 |
want this rental agreement extension, you must
notify the |
| 2910 |
developer in writing. |
| 2911 |
7. If
you have any questions regarding this conversion or |
| 2912 |
the Condominium Act, you may contact the
developer or the state |
| 2913 |
agency which regulates condominiums: The Division
of Florida |
| 2914 |
Land Sales, Condominiums, Timeshares,
and Mobile Homes, |
| 2915 |
(Tallahassee address and telephone number of
division) . |
| 2916 |
Section 55. Subsection
(17) of section 719.103, Florida |
| 2917 |
Statutes, is amended to read: |
| 2918 |
719.103 Definitions.--As
used in this chapter: |
| 2919 |
(17) "Division"
means the Division of Florida Land Sales, |
| 2920 |
Condominiums, Timeshares, and Mobile Homes
of the Department of |
| 2921 |
Business and Professional Regulation. |
| 2922 |
Section 56. Section
719.1255, Florida Statutes, is amended |
| 2923 |
to read: |
| 2924 |
719.1255 Alternative
resolution of disputes.--The Division |
| 2925 |
of Florida Land Sales, Condominiums, Timeshares,
and Mobile |
| 2926 |
Homes of the Department of Business and
Professional Regulation |
| 2927 |
shall provide for alternative dispute resolution
in accordance |
| 2928 |
with s. 718.1255. |
| 2929 |
Section 57. Section
719.501, Florida Statutes, is amended |
| 2930 |
to read: |
| 2931 |
719.501 Powers
and duties of Division of Florida Land |
| 2932 |
Sales, Condominiums, Timeshares,
and Mobile Homes.-- |
| 2933 |
(1) The
Division of Florida Land Sales, Condominiums, |
| 2934 |
Timeshares, and Mobile Homes of the
Department of Business and |
| 2935 |
Professional Regulation, referred to as the
"division" in this |
| 2936 |
part, in addition to other powers and duties
prescribed by |
| 2937 |
chapter 718 498, has the power to
enforce and ensure compliance |
| 2938 |
with the provisions of
this chapter and adopted
rules |
| 2939 |
promulgated pursuant hereto relating to
the development, |
| 2940 |
construction, sale, lease, ownership, operation,
and management |
| 2941 |
of residential cooperative units. In performing
its duties, the |
| 2942 |
division shall have the following powers and
duties: |
| 2943 |
(a) The
division may make necessary public or private |
| 2944 |
investigations within or outside this state to
determine whether |
| 2945 |
any person has violated this chapter or any rule
or order |
| 2946 |
hereunder, to aid in the enforcement of this
chapter, or to aid |
| 2947 |
in the adoption of rules or forms hereunder. |
| 2948 |
(b) The
division may require or permit any person to file |
| 2949 |
a statement in writing, under oath or otherwise,
as the division |
| 2950 |
determines, as to the facts and circumstances
concerning a |
| 2951 |
matter to be investigated. |
| 2952 |
(c) For
the purpose of any investigation under this |
| 2953 |
chapter, the division director or any officer or
employee |
| 2954 |
designated by the division director may
administer oaths or |
| 2955 |
affirmations, subpoena witnesses and compel their
attendance, |
| 2956 |
take evidence, and require the production of any
matter which is |
| 2957 |
relevant to the investigation, including the
existence, |
| 2958 |
description, nature, custody, condition, and
location of any |
| 2959 |
books, documents, or other tangible things and
the identity and |
| 2960 |
location of persons having knowledge of relevant
facts or any |
| 2961 |
other matter reasonably calculated to lead to the
discovery of |
| 2962 |
material evidence. Upon failure by a person to
obey a subpoena |
| 2963 |
or to answer questions propounded by the
investigating officer |
| 2964 |
and upon reasonable notice to all persons
affected thereby, the |
| 2965 |
division may apply to the circuit court for an
order compelling |
| 2966 |
compliance. |
| 2967 |
(d) Notwithstanding
any remedies available to unit owners |
| 2968 |
and associations, if the division has reasonable
cause to |
| 2969 |
believe that a violation of any provision of this
chapter or |
| 2970 |
related rule promulgated pursuant
hereto has occurred, the |
| 2971 |
division may institute enforcement proceedings in
its own name |
| 2972 |
against a developer, association, officer, or
member of the |
| 2973 |
board, or its assignees or agents, as follows: |
| 2974 |
1. The
division may permit a person whose conduct or |
| 2975 |
actions may be under investigation to waive
formal proceedings |
| 2976 |
and enter into a consent proceeding whereby
orders, rules, or |
| 2977 |
letters of censure or warning, whether formal or
informal, may |
| 2978 |
be entered against the person. |
| 2979 |
2. The
division may issue an order requiring the |
| 2980 |
developer, association, officer, or member of the
board, or its |
| 2981 |
assignees or agents, to cease and desist from the
unlawful |
| 2982 |
practice and take such affirmative action as in
the judgment of |
| 2983 |
the division will carry out the purposes of this
chapter. Such |
| 2984 |
affirmative action may include, but is not
limited to, an order |
| 2985 |
requiring a developer to pay moneys determined to
be owed to a |
| 2986 |
condominium association. |
| 2987 |
3. The
division may bring an action in circuit court on |
| 2988 |
behalf of a class of unit owners, lessees, or
purchasers for |
| 2989 |
declaratory relief, injunctive relief, or
restitution. |
| 2990 |
4. The
division may impose a civil penalty against a |
| 2991 |
developer or association, or its assignees or
agents, for any |
| 2992 |
violation of this chapter or related a
rule promulgated pursuant |
| 2993 |
hereto. The division may impose a civil
penalty individually |
| 2994 |
against any officer or board member who willfully
and knowingly |
| 2995 |
violates a provision of this chapter, a rule
adopted pursuant to |
| 2996 |
this chapter, or a final order of the division.
The term |
| 2997 |
"willfully and knowingly" means that
the division informed the |
| 2998 |
officer or board member that his or her action or
intended |
| 2999 |
action violates this chapter, a rule adopted
under this chapter, |
| 3000 |
or a final order of the division, and that the
officer or board |
| 3001 |
member refused to comply with the requirements of
this chapter, |
| 3002 |
a rule adopted under this chapter, or a final
order of the |
| 3003 |
division. The division, prior to initiating
formal agency action |
| 3004 |
under chapter 120, shall afford the officer or
board member an |
| 3005 |
opportunity to voluntarily comply with this
chapter, a rule |
| 3006 |
adopted under this chapter, or a final order of
the division. An |
| 3007 |
officer or board member who complies within 10
days is not |
| 3008 |
subject to a civil penalty. A penalty may be
imposed on the |
| 3009 |
basis of each day of continuing violation, but in
no event shall |
| 3010 |
the penalty for any offense exceed $5,000. By
January 1, 1998, |
| 3011 |
the division shall adopt, by rule, penalty
guidelines applicable |
| 3012 |
to possible violations or to categories of
violations of this |
| 3013 |
chapter or rules adopted by the division. The
guidelines must |
| 3014 |
specify a meaningful range of civil penalties for
each such |
| 3015 |
violation of the statute and rules and must be
based upon the |
| 3016 |
harm caused by the violation, the repetition of
the violation, |
| 3017 |
and upon such other factors deemed relevant by
the division. For |
| 3018 |
example, the division may consider whether the
violations were |
| 3019 |
committed by a developer or owner-controlled
association, the |
| 3020 |
size of the association, and other factors. The
guidelines must |
| 3021 |
designate the possible mitigating or aggravating
circumstances |
| 3022 |
that justify a departure from the range of
penalties provided by |
| 3023 |
the rules. It is the legislative intent that
minor violations be |
| 3024 |
distinguished from those which endanger the
health, safety, or |
| 3025 |
welfare of the cooperative residents or other
persons and that |
| 3026 |
such guidelines provide reasonable and meaningful
notice to the |
| 3027 |
public of likely penalties that may be imposed
for proscribed |
| 3028 |
conduct. This subsection does not limit the
ability of the |
| 3029 |
division to informally dispose of administrative
actions or |
| 3030 |
complaints by stipulation, agreed settlement, or
consent order. |
| 3031 |
All amounts collected shall be deposited with the
Chief |
| 3032 |
Financial Officer to the credit of the Division
of Florida Land |
| 3033 |
Sales, Condominiums, Timeshares,
and Mobile Homes Trust Fund. If |
| 3034 |
a developer fails to pay the civil penalty, the
division shall |
| 3035 |
thereupon issue an order directing that such
developer cease and |
| 3036 |
desist from further operation until such time as
the civil |
| 3037 |
penalty is paid or may pursue enforcement of the
penalty in a |
| 3038 |
court of competent jurisdiction. If an
association fails to pay |
| 3039 |
the civil penalty, the division shall thereupon
pursue |
| 3040 |
enforcement in a court of competent jurisdiction,
and the order |
| 3041 |
imposing the civil penalty or the cease and
desist order shall |
| 3042 |
not become effective until 20 days after the date
of such order. |
| 3043 |
Any action commenced by the division shall be
brought in the |
| 3044 |
county in which the division has its executive
offices or in the |
| 3045 |
county where the violation occurred. |
| 3046 |
(e) The
division may is authorized to
prepare and |
| 3047 |
disseminate a prospectus and other information to
assist |
| 3048 |
prospective owners, purchasers, lessees, and
developers of |
| 3049 |
residential cooperatives in assessing the rights,
privileges, |
| 3050 |
and duties pertaining thereto. |
| 3051 |
(f) The
division has authority to adopt rules pursuant to |
| 3052 |
ss. 120.536(1) and 120.54 to implement and
enforce the |
| 3053 |
provisions of this chapter. |
| 3054 |
(g) The
division shall establish procedures for providing |
| 3055 |
notice to an association when the division is
considering the |
| 3056 |
issuance of a declaratory statement with respect
to the |
| 3057 |
cooperative documents governing such cooperative
community. |
| 3058 |
(h) The
division shall furnish each association which pays |
| 3059 |
the fees required by paragraph (2)(a) a copy of
this act, |
| 3060 |
subsequent changes to this act on an annual
basis, an amended |
| 3061 |
version of this act as it becomes available from
the Secretary |
| 3062 |
of State's office on a biennial basis, and the
rules adopted |
| 3063 |
promulgated pursuant thereto on an annual
basis. |
| 3064 |
(i) The
division shall annually provide each association |
| 3065 |
with a summary of declaratory statements and
formal legal |
| 3066 |
opinions relating to the operations of
cooperatives which were |
| 3067 |
rendered by the division during the previous
year. |
| 3068 |
(j) The
division shall adopt uniform accounting |
| 3069 |
principles, policies, and standards to be used by
all |
| 3070 |
associations in the preparation and presentation
of all |
| 3071 |
financial statements required by this chapter.
The principles, |
| 3072 |
policies, and standards shall take into
consideration the size |
| 3073 |
of the association and the total revenue
collected by the |
| 3074 |
association. |
| 3075 |
(k) The
division shall provide training programs for |
| 3076 |
cooperative association board members and unit
owners. |
| 3077 |
(l) The
division shall maintain a toll-free telephone |
| 3078 |
number accessible to cooperative unit owners. |
| 3079 |
(m) When
a complaint is made to the division, the division |
| 3080 |
shall conduct its inquiry with reasonable
dispatch and with due |
| 3081 |
regard to the interests of the affected parties.
Within 30 days |
| 3082 |
after receipt of a complaint, the division shall
acknowledge the |
| 3083 |
complaint in writing and notify the complainant
whether the |
| 3084 |
complaint is within the jurisdiction of the
division and whether |
| 3085 |
additional information is needed by the division
from the |
| 3086 |
complainant. The division shall conduct its
investigation and |
| 3087 |
shall, within 90 days after receipt of the
original complaint or |
| 3088 |
timely requested additional information, take
action upon the |
| 3089 |
complaint. However, the failure to complete the
investigation |
| 3090 |
within 90 days does not prevent the division from
continuing the |
| 3091 |
investigation, accepting or considering evidence
obtained or |
| 3092 |
received after 90 days, or taking administrative
action if |
| 3093 |
reasonable cause exists to believe that a
violation of this |
| 3094 |
chapter or a rule of the division has occurred.
If an |
| 3095 |
investigation is not completed within the time
limits |
| 3096 |
established in this paragraph, the division
shall, on a monthly |
| 3097 |
basis, notify the complainant in writing of the
status of the |
| 3098 |
investigation. When reporting its action to the
complainant, the |
| 3099 |
division shall inform the complainant of any
right to a hearing |
| 3100 |
pursuant to ss. 120.569 and 120.57. |
| 3101 |
(n) The
division shall develop a program to certify both |
| 3102 |
volunteer and paid mediators to provide mediation
of cooperative |
| 3103 |
disputes. The division shall provide, upon
request, a list of |
| 3104 |
such mediators to any association, unit owner, or
other |
| 3105 |
participant in arbitration proceedings under s.
718.1255 |
| 3106 |
requesting a copy of the list. The division shall
include on the |
| 3107 |
list of voluntary mediators only persons who have
received at |
| 3108 |
least 20 hours of training in mediation
techniques or have |
| 3109 |
mediated at least 20 disputes. In order to become
initially |
| 3110 |
certified by the division, paid mediators must be
certified by |
| 3111 |
the Supreme Court to mediate court cases in either
county or |
| 3112 |
circuit courts. However, the division may adopt,
by rule, |
| 3113 |
additional factors for the certification of paid
mediators, |
| 3114 |
which factors must be related to experience,
education, or |
| 3115 |
background. Any person initially certified as a
paid mediator by |
| 3116 |
the division must, in order to continue to be
certified, comply |
| 3117 |
with the factors or requirements imposed by rules
adopted by the |
| 3118 |
division. |
| 3119 |
(2)(a) Each
cooperative association shall pay to the |
| 3120 |
division, on or before January 1 of each year, an
annual fee in |
| 3121 |
the amount of $4 for each residential unit in
cooperatives |
| 3122 |
operated by the association. If the fee is not
paid by March 1, |
| 3123 |
then the association shall be assessed a penalty
of 10 percent |
| 3124 |
of the amount due, and the association shall not
have the |
| 3125 |
standing to maintain or defend any action in the
courts of this |
| 3126 |
state until the amount due is paid. |
| 3127 |
(b) All
fees shall be deposited in the Division of Florida |
| 3128 |
Land Sales, Condominiums, Timeshares,
and Mobile Homes Trust |
| 3129 |
Fund as provided by law. |
| 3130 |
Section 58. Paragraph
(a) of subsection (2) of section |
| 3131 |
719.502, Florida Statutes, is amended to read: |
| 3132 |
719.502 Filing
prior to sale or lease.-- |
| 3133 |
(2)(a) Prior
to filing as required by subsection (1), and |
| 3134 |
prior to acquiring an ownership, leasehold, or
contractual |
| 3135 |
interest in the land upon which the cooperative
is to be |
| 3136 |
developed, a developer shall not offer a contract
for purchase |
| 3137 |
or lease of a unit for more than 5 years.
However, the developer |
| 3138 |
may accept deposits for reservations upon the
approval of a |
| 3139 |
fully executed escrow agreement and reservation
agreement form |
| 3140 |
properly filed with the Division of Florida Land
Sales, |
| 3141 |
Condominiums, Timeshares, and Mobile
Homes. Each filing of a |
| 3142 |
proposed reservation program shall be accompanied
by a filing |
| 3143 |
fee of $250. Reservations shall not be taken on a
proposed |
| 3144 |
cooperative unless the developer has an
ownership, leasehold, or |
| 3145 |
contractual interest in the land upon which the
cooperative is |
| 3146 |
to be developed. The division shall notify the
developer within |
| 3147 |
20 days of receipt of the reservation filing of
any deficiencies |
| 3148 |
contained therein. Such notification shall not
preclude the |
| 3149 |
determination of reservation filing deficiencies
at a later |
| 3150 |
date, nor shall it relieve the developer of any
responsibility |
| 3151 |
under the law. The escrow agreement and the
reservation |
| 3152 |
agreement form shall include a statement of the
right of the |
| 3153 |
prospective purchaser to an immediate unqualified
refund of the |
| 3154 |
reservation deposit moneys upon written request
to the escrow |
| 3155 |
agent by the prospective purchaser or the
developer. |
| 3156 |
Section 59. Section
719.504, Florida Statutes, is amended |
| 3157 |
to read: |
| 3158 |
719.504 Prospectus
or offering circular.--Every developer |
| 3159 |
of a residential cooperative which contains more
than 20 |
| 3160 |
residential units, or which is part of a group of
residential |
| 3161 |
cooperatives which will be served by property to
be used in |
| 3162 |
common by unit owners of more than 20 residential
units, shall |
| 3163 |
prepare a prospectus or offering circular and
file it with the |
| 3164 |
Division of Florida Land Sales,
Condominiums, Timeshares, and |
| 3165 |
Mobile Homes prior to entering into an
enforceable contract of |
| 3166 |
purchase and sale of any unit or lease of a unit
for more than 5 |
| 3167 |
years and shall furnish a copy of the prospectus
or offering |
| 3168 |
circular to each buyer. In addition to the
prospectus or |
| 3169 |
offering circular, each buyer shall be furnished
a separate page |
| 3170 |
entitled "Frequently Asked Questions and
Answers," which must be |
| 3171 |
in accordance with a format approved by the
division. This page |
| 3172 |
must, in readable language: inform prospective
purchasers |
| 3173 |
regarding their voting rights and unit use
restrictions, |
| 3174 |
including restrictions on the leasing of a unit;
indicate |
| 3175 |
whether and in what amount the unit owners or the
association is |
| 3176 |
obligated to pay rent or land use fees for
recreational or other |
| 3177 |
commonly used facilities; contain a statement
identifying that |
| 3178 |
amount of assessment which, pursuant to the
budget, would be |
| 3179 |
levied upon each unit type, exclusive of any
special |
| 3180 |
assessments, and which identifies the basis upon
which |
| 3181 |
assessments are levied, whether monthly,
quarterly, or |
| 3182 |
otherwise; state and identify any court cases in
which the |
| 3183 |
association is currently a party of record in
which the |
| 3184 |
association may face liability in excess of
$100,000; and state |
| 3185 |
whether membership in a recreational facilities
association is |
| 3186 |
mandatory and, if so, identify the fees currently
charged per |
| 3187 |
unit type. The division shall by rule require
such other |
| 3188 |
disclosure as in its judgment will assist
prospective |
| 3189 |
purchasers. The prospectus or offering circular
may include more |
| 3190 |
than one cooperative, although not all such units
are being |
| 3191 |
offered for sale as of the date of the prospectus
or offering |
| 3192 |
circular. The prospectus or offering circular
must contain the |
| 3193 |
following information: |
| 3194 |
(1) The
front cover or the first page must contain only: |
| 3195 |
(a) The
name of the cooperative. |
| 3196 |
(b) The
following statements in conspicuous type: |
| 3197 |
1. THIS
PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT |
| 3198 |
MATTERS TO BE CONSIDERED IN ACQUIRING A
COOPERATIVE UNIT. |
| 3199 |
2. THE
STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN |
| 3200 |
NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO
ALL REFERENCES, |
| 3201 |
ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND
SALES |
| 3202 |
MATERIALS. |
| 3203 |
3. ORAL
REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY |
| 3204 |
STATING THE REPRESENTATIONS OF THE DEVELOPER.
REFER TO THIS |
| 3205 |
PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS
FOR CORRECT |
| 3206 |
REPRESENTATIONS. |
| 3207 |
(2) Summary:
The next page must contain all statements |
| 3208 |
required to be in conspicuous type in the
prospectus or offering |
| 3209 |
circular. |
| 3210 |
(3) A
separate index of the contents and exhibits of the |
| 3211 |
prospectus. |
| 3212 |
(4) Beginning
on the first page of the text (not including |
| 3213 |
the summary and index), a description of the
cooperative, |
| 3214 |
including, but not limited to, the following
information: |
| 3215 |
(a) Its
name and location. |
| 3216 |
(b) A
description of the cooperative property, including, |
| 3217 |
without limitation: |
| 3218 |
1. The
number of buildings, the number of units in each |
| 3219 |
building, the number of bathrooms and bedrooms in
each unit, and |
| 3220 |
the total number of units, if the cooperative is
not a phase |
| 3221 |
cooperative; or, if the cooperative is a phase
cooperative, the |
| 3222 |
maximum number of buildings that may be contained
within the |
| 3223 |
cooperative, the minimum and maximum number of
units in each |
| 3224 |
building, the minimum and maximum number of
bathrooms and |
| 3225 |
bedrooms that may be contained in each unit, and
the maximum |
| 3226 |
number of units that may be contained within the
cooperative. |
| 3227 |
2. The
page in the cooperative documents where a copy of |
| 3228 |
the survey and plot plan of the cooperative is
located. |
| 3229 |
3. The
estimated latest date of completion of |
| 3230 |
constructing, finishing, and equipping. In lieu
of a date, a |
| 3231 |
statement that the estimated date of completion
of the |
| 3232 |
cooperative is in the purchase agreement and a
reference to the |
| 3233 |
article or paragraph containing that information. |
| 3234 |
(c) The
maximum number of units that will use facilities |
| 3235 |
in common with the cooperative. If the maximum
number of units |
| 3236 |
will vary, a description of the basis for
variation and the |
| 3237 |
minimum amount of dollars per unit to be spent
for additional |
| 3238 |
recreational facilities or enlargement of such
facilities. If |
| 3239 |
the addition or enlargement of facilities will
result in a |
| 3240 |
material increase of a unit owner's maintenance
expense or |
| 3241 |
rental expense, if any, the maximum increase and
limitations |
| 3242 |
thereon shall be stated. |
| 3243 |
(5)(a) A
statement in conspicuous type describing whether |
| 3244 |
the cooperative is created and being sold as fee
simple |
| 3245 |
interests or as leasehold interests. If the
cooperative is |
| 3246 |
created or being sold on a leasehold, the
location of the lease |
| 3247 |
in the disclosure materials shall be stated. |
| 3248 |
(b) If
timeshare estates are or may be created with |
| 3249 |
respect to any unit in the cooperative, a
statement in |
| 3250 |
conspicuous type stating that timeshare estates
are created and |
| 3251 |
being sold in such specified units in the
cooperative. |
| 3252 |
(6) A
description of the recreational and other common |
| 3253 |
areas that will be used only by unit owners of
the cooperative, |
| 3254 |
including, but not limited to, the following: |
| 3255 |
(a) Each
room and its intended purposes, location, |
| 3256 |
approximate floor area, and capacity in numbers
of people. |
| 3257 |
(b) Each
swimming pool, as to its general location, |
| 3258 |
approximate size and depths, approximate deck
size and capacity, |
| 3259 |
and whether heated. |
| 3260 |
(c) Additional
facilities, as to the number of each |
| 3261 |
facility, its approximate location, approximate
size, and |
| 3262 |
approximate capacity. |
| 3263 |
(d) A
general description of the items of personal |
| 3264 |
property and the approximate number of each item
of personal |
| 3265 |
property that the developer is committing to
furnish for each |
| 3266 |
room or other facility or, in the alternative, a
representation |
| 3267 |
as to the minimum amount of expenditure that will
be made to |
| 3268 |
purchase the personal property for the facility. |
| 3269 |
(e) The
estimated date when each room or other facility |
| 3270 |
will be available for use by the unit owners. |
| 3271 |
(f)1. An
identification of each room or other facility to |
| 3272 |
be used by unit owners that will not be owned by
the unit owners |
| 3273 |
or the association; |
| 3274 |
2. A
reference to the location in the disclosure materials |
| 3275 |
of the lease or other agreements providing for
the use of those |
| 3276 |
facilities; and |
| 3277 |
3. A
description of the terms of the lease or other |
| 3278 |
agreements, including the length of the term; the
rent payable, |
| 3279 |
directly or indirectly, by each unit owner, and
the total rent |
| 3280 |
payable to the lessor, stated in monthly and
annual amounts for |
| 3281 |
the entire term of the lease; and a description
of any option to |
| 3282 |
purchase the property leased under any such
lease, including the |
| 3283 |
time the option may be exercised, the purchase
price or how it |
| 3284 |
is to be determined, the manner of payment, and
whether the |
| 3285 |
option may be exercised for a unit owner's share
or only as to |
| 3286 |
the entire leased property. |
| 3287 |
(g) A
statement as to whether the developer may provide |
| 3288 |
additional facilities not described above, their
general |
| 3289 |
locations and types, improvements or changes that
may be made, |
| 3290 |
the approximate dollar amount to be expended, and
the maximum |
| 3291 |
additional common expense or cost to the
individual unit owners |
| 3292 |
that may be charged during the first annual
period of operation |
| 3293 |
of the modified or added facilities. |
| 3294 |
|
| 3295 |
Descriptions as to locations, areas, capacities,
numbers, |
| 3296 |
volumes, or sizes may be stated as approximations
or minimums. |
| 3297 |
(7) A
description of the recreational and other facilities |
| 3298 |
that will be used in common with other
cooperatives, community |
| 3299 |
associations, or planned developments which
require the payment |
| 3300 |
of the maintenance and expenses of such
facilities, either |
| 3301 |
directly or indirectly, by the unit owners. The
description |
| 3302 |
shall include, but not be limited to, the
following: |
| 3303 |
(a) Each
building and facility committed to be built. |
| 3304 |
(b) Facilities
not committed to be built except under |
| 3305 |
certain conditions, and a statement of those
conditions or |
| 3306 |
contingencies. |
| 3307 |
(c) As
to each facility committed to be built, or which |
| 3308 |
will be committed to be built upon the happening
of one of the |
| 3309 |
conditions in paragraph (b), a statement of
whether it will be |
| 3310 |
owned by the unit owners having the use thereof
or by an |
| 3311 |
association or other entity which will be
controlled by them, or |
| 3312 |
others, and the location in the exhibits of the
lease or other |
| 3313 |
document providing for use of those facilities. |
| 3314 |
(d) The
year in which each facility will be available for |
| 3315 |
use by the unit owners or, in the alternative,
the maximum |
| 3316 |
number of unit owners in the project at the time
each of all of |
| 3317 |
the facilities is committed to be completed. |
| 3318 |
(e) A
general description of the items of personal |
| 3319 |
property, and the approximate number of each item
of personal |
| 3320 |
property, that the developer is committing to
furnish for each |
| 3321 |
room or other facility or, in the alternative, a
representation |
| 3322 |
as to the minimum amount of expenditure that will
be made to |
| 3323 |
purchase the personal property for the facility. |
| 3324 |
(f) If
there are leases, a description thereof, including |
| 3325 |
the length of the term, the rent payable, and a
description of |
| 3326 |
any option to purchase. |
| 3327 |
|
| 3496 |
the cooperative. If any part of such land will
serve the |
| 3497 |
cooperative, the statement shall describe the
land and the |
| 3498 |
nature and term of service, and the cooperative
documents or |
| 3499 |
other instrument creating such servitude shall be
included as an |
| 3500 |
exhibit. |
| 3501 |
(18) The
manner in which utility and other services, |
| 3502 |
including, but not limited to, sewage and waste
disposal, water |
| 3503 |
supply, and storm drainage, will be provided and
the person or |
| 3504 |
entity furnishing them. |
| 3505 |
(19) An
explanation of the manner in which the |
| 3506 |
apportionment of common expenses and ownership of
the common |
| 3507 |
areas have been determined. |
| 3508 |
(20) An
estimated operating budget for the cooperative and |
| 3509 |
the association, and a schedule of the unit
owner's expenses |
| 3510 |
shall be attached as an exhibit and shall contain
the following |
| 3511 |
information: |
| 3512 |
(a) The
estimated monthly and annual expenses of the |
| 3513 |
cooperative and the association that are
collected from unit |
| 3514 |
owners by assessments. |
| 3515 |
(b) The
estimated monthly and annual expenses of each unit |
| 3516 |
owner for a unit, other than assessments payable
to the |
| 3517 |
association, payable by the unit owner to persons
or entities |
| 3518 |
other than the association, and the total
estimated monthly and |
| 3519 |
annual expense. There may be excluded from this
estimate |
| 3520 |
expenses that are personal to unit owners, which
are not |
| 3521 |
uniformly incurred by all unit owners, or which
are not provided |
| 3522 |
for or contemplated by the cooperative documents,
including, but |
| 3523 |
not limited to, the costs of private telephone;
maintenance of |
| 3524 |
the interior of cooperative units, which is not
the obligation |
| 3525 |
of the association; maid or janitorial services
privately |
| 3526 |
contracted for by the unit owners; utility bills
billed directly |
| 3527 |
to each unit owner for utility services to his or
her unit; |
| 3528 |
insurance premiums other than those incurred for
policies |
| 3529 |
obtained by the cooperative; and similar personal
expenses of |
| 3530 |
the unit owner. A unit owner's estimated payments
for |
| 3531 |
assessments shall also be stated in the estimated
amounts for |
| 3532 |
the times when they will be due. |
| 3533 |
(c) The
estimated items of expenses of the cooperative and |
| 3534 |
the association, except as excluded under
paragraph (b), |
| 3535 |
including, but not limited to, the following
items, which shall |
| 3536 |
be stated either as an association expense
collectible by |
| 3537 |
assessments or as unit owners' expenses payable
to persons other |
| 3538 |
than the association: |
| 3539 |
1. Expenses
for the association and cooperative: |
| 3540 |
a. Administration
of the association. |
| 3541 |
b. Management
fees. |
| 3542 |
c. Maintenance. |
| 3543 |
d. Rent
for recreational and other commonly used areas. |
| 3544 |
e. Taxes
upon association property. |
| 3545 |
f. Taxes
upon leased areas. |
| 3546 |
g. Insurance. |
| 3547 |
h. Security
provisions. |
| 3548 |
i. Other
expenses. |
| 3549 |
j. Operating
capital. |
| 3550 |
k. Reserves. |
| 3551 |
l. Fee
payable to the division. |
| 3552 |
2. Expenses
for a unit owner: |
| 3553 |
a. Rent
for the unit, if subject to a lease. |
| 3554 |
b. Rent
payable by the unit owner directly to the lessor |
| 3555 |
or agent under any recreational lease or lease
for the use of |
| 3556 |
commonly used areas, which use and payment are a
mandatory |
| 3557 |
condition of ownership and are not included in
the common |
| 3558 |
expense or assessments for common maintenance
paid by the unit |
| 3559 |
owners to the association. |
| 3560 |
(d) The
following statement in conspicuous type: THE |
| 3561 |
BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS
BEEN PREPARED IN |
| 3562 |
ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD
FAITH ESTIMATE |
| 3563 |
ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE
EXPENSES BASED ON |
| 3564 |
FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF
ITS PREPARATION. |
| 3565 |
ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE
ESTIMATED COSTS. SUCH |
| 3566 |
CHANGES IN COST DO NOT CONSTITUTE MATERIAL
ADVERSE CHANGES IN |
| 3567 |
THE OFFERING. |
| 3568 |
(e) Each
budget for an association prepared by a developer |
| 3569 |
consistent with this subsection shall be prepared
in good faith |
| 3570 |
and shall reflect accurate estimated amounts for
the required |
| 3571 |
items in paragraph (c) at the time of the filing
of the offering |
| 3572 |
circular with the division, and subsequent
increased amounts of |
| 3573 |
any item included in the association's estimated
budget that are |
| 3574 |
beyond the control of the developer shall not be
considered an |
| 3575 |
amendment that would give rise to rescission
rights set forth in |
| 3576 |
s. 719.503(1)(a) or (b), nor shall such increases
modify, void, |
| 3577 |
or otherwise affect any guarantee of the
developer contained in |
| 3578 |
the offering circular or any purchase contract.
It is the intent |
| 3579 |
of this paragraph to clarify existing law. |
| 3580 |
(f) The
estimated amounts shall be stated for a period of |
| 3581 |
at least 12 months and may distinguish between
the period prior |
| 3582 |
to the time unit owners other than the developer
elect a |
| 3583 |
majority of the board of administration and the
period after |
| 3584 |
that date. |
| 3585 |
(21) A
schedule of estimated closing expenses to be paid |
| 3586 |
by a buyer or lessee of a unit and a statement of
whether title |
| 3587 |
opinion or title insurance policy is available to
the buyer and, |
| 3588 |
if so, at whose expense. |
| 3589 |
(22) The
identity of the developer and the chief operating |
| 3590 |
officer or principal directing the creation and
sale of the |
| 3591 |
cooperative and a statement of its and his or her
experience in |
| 3592 |
this field. |
| 3593 |
(23) Copies
of the following, to the extent they are |
| 3594 |
applicable, shall be included as exhibits: |
| 3595 |
(a) The
cooperative documents, or the proposed cooperative |
| 3596 |
documents if the documents have not been
recorded. |
| 3597 |
(b) The
articles of incorporation creating the |
| 3598 |
association. |
| 3599 |
(c) The
bylaws of the association. |
| 3600 |
(d) The
ground lease or other underlying lease of the |
| 3601 |
cooperative. |
| 3602 |
(e) The
management agreement and all maintenance and other |
| 3603 |
contracts for management of the association and
operation of the |
| 3604 |
cooperative and facilities used by the unit
owners having a |
| 3605 |
service term in excess of 1 year. |
| 3606 |
(f) The
estimated operating budget for the cooperative and |
| 3607 |
the required schedule of unit owners' expenses. |
| 3608 |
(g) A
copy of the floor plan of the unit and the plot plan |
| 3609 |
showing the location of the residential buildings
and the |
| 3610 |
recreation and other common areas. |
| 3611 |
(h) The
lease of recreational and other facilities that |
| 3612 |
will be used only by unit owners of the subject
cooperative. |
| 3613 |
(i) The
lease of facilities used by owners and others. |
| 3614 |
(j) The
form of unit lease, if the offer is of a |
| 3615 |
leasehold. |
| 3616 |
(k) A
declaration of servitude of properties serving the |
| 3617 |
cooperative but not owned by unit owners or
leased to them or |
| 3618 |
the association. |
| 3619 |
(l) The
statement of condition of the existing building or |
| 3620 |
buildings, if the offering is of units in an
operation being |
| 3621 |
converted to cooperative ownership. |
| 3622 |
(m) The
statement of inspection for termite damage and |
| 3623 |
treatment of the existing improvements, if the
cooperative is a |
| 3624 |
conversion. |
| 3625 |
(n) The
form of agreement for sale or lease of units. |
| 3626 |
(o) A
copy of the agreement for escrow of payments made to |
| 3627 |
the developer prior to closing. |
| 3628 |
(p) A
copy of the documents containing any restrictions on |
| 3629 |
use of the property required by subsection (16). |
| 3630 |
(24) Any
prospectus or offering circular complying with |
| 3631 |
the provisions of former ss. 711.69 and 711.802
may continue to |
| 3632 |
be used without amendment, or may be amended to
comply with the |
| 3633 |
provisions of this chapter. |
| 3634 |
(25) A
brief narrative description of the location and |
| 3635 |
effect of all existing and intended easements
located or to be |
| 3636 |
located on the cooperative property other than
those in the |
| 3637 |
declaration. |
| 3638 |
(26) If
the developer is required by state or local |
| 3639 |
authorities to obtain acceptance or approval of
any dock or |
| 3640 |
marina facility intended to serve the
cooperative, a copy of |
| 3641 |
such acceptance or approval acquired by the time
of filing with |
| 3642 |
the division pursuant to s. 719.502 or a
statement that such |
| 3643 |
acceptance has not been acquired or received. |
| 3644 |
(27) Evidence
demonstrating that the developer has an |
| 3645 |
ownership, leasehold, or contractual interest in
the land upon |
| 3646 |
which the cooperative is to be developed. |
| 3647 |
Section 60. Section
719.508, Florida Statutes, is amended |
| 3648 |
to read: |
| 3649 |
719.508 Regulation
by Division of Hotels and |
| 3650 |
Restaurants.--In addition to the authority,
regulation, or |
| 3651 |
control exercised by the Division of Florida Land
Sales, |
| 3652 |
Condominiums, Timeshares, and Mobile Homes
pursuant to this act |
| 3653 |
with respect to cooperatives, buildings included
in a |
| 3654 |
cooperative property shall be subject to the
authority, |
| 3655 |
regulation, or control of the Division of Hotels
and Restaurants |
| 3656 |
of the Department of Business and Professional
Regulation, to |
| 3657 |
the extent provided for in chapters 399
and 509. |
| 3658 |
Section 61. Paragraph
(a) of subsection (2) of section |
| 3659 |
719.608, Florida Statutes, is amended to read: |
| 3660 |
719.608 Notice
of intended conversion; time of delivery; |
| 3661 |
content.-- |
| 3662 |
(2)(a) Each
notice of intended conversion shall be dated |
| 3663 |
and in writing. The notice shall contain the
following |
| 3664 |
statement, with the phrases of the following
statement which |
| 3665 |
appear in upper case printed in conspicuous type: |
| 3666 |
|
| 3667 |
These apartments
are being converted to cooperative by |
| 3668 |
(name of developer) , the developer. |
| 3669 |
1. YOU
MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF |
| 3670 |
YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND
YOUR RENTAL |
| 3671 |
AGREEMENT AS FOLLOWS: |
| 3672 |
a. If
you have continuously been a resident of these |
| 3673 |
apartments during the last 180 days and your
rental agreement |
| 3674 |
expires during the next 270 days, you may extend
your rental |
| 3675 |
agreement for up to 270 days after the date of
this notice. |
| 3676 |
b. If
you have not been a continuous resident of these |
| 3677 |
apartments for the last 180 days and your rental
agreement |
| 3678 |
expires during the next 180 days, you may extend
your rental |
| 3679 |
agreement for up to 180 days after the date of
this notice. |
| 3680 |
c. IN
ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU |
| 3681 |
MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45
DAYS AFTER THE |
| 3682 |
DATE OF THIS NOTICE. |
| 3683 |
2. IF
YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS, |
| 3684 |
you may extend your rental agreement for up to 45
days after the |
| 3685 |
date of this notice while you decide whether to
extend your |
| 3686 |
rental agreement as explained above. To do so,
you must notify |
| 3687 |
the developer in writing. You will then have the
full 45 days to |
| 3688 |
decide whether to extend your rental agreement as
explained |
| 3689 |
above. |
| 3690 |
3. During
the extension of your rental agreement you will |
| 3691 |
be charged the same rent that you are now paying. |
| 3692 |
4. YOU
MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION |
| 3693 |
OF THE RENTAL AGREEMENT AS FOLLOWS: |
| 3694 |
a. If
your rental agreement began or was extended or |
| 3695 |
renewed after May 1, 1980, and your rental
agreement, including |
| 3696 |
extensions and renewals, has an unexpired term of
180 days or |
| 3697 |
less, you may cancel your rental agreement upon
30 days' written |
| 3698 |
notice and move. Also, upon 30 days' written
notice, you may |
| 3699 |
cancel any extension of the rental agreement. |
| 3700 |
b. If
your rental agreement was not begun or was not |
| 3701 |
extended or renewed after May 1, 1980, you may
not cancel the |
| 3702 |
rental agreement without the consent of the
developer. If your |
| 3703 |
rental agreement, including extensions and
renewals, has an |
| 3704 |
unexpired term of 180 days or less, you may,
however, upon 30 |
| 3705 |
days' written notice cancel any extension of the
rental |
| 3706 |
agreement. |
| 3707 |
5. All
notices must be given in writing and sent by mail, |
| 3708 |
return receipt requested, or delivered in person
to the |
| 3709 |
developer at this address: (name and
address of developer) . |
| 3710 |
6. If
you have continuously been a resident of these |
| 3711 |
apartments during the last 180 days: |
| 3712 |
a. You
have the right to purchase your apartment and will |
| 3713 |
have 45 days to decide whether to purchase. If
you do not buy |
| 3714 |
the unit at that price and the unit is later
offered at a lower |
| 3715 |
price, you will have the opportunity to buy the
unit at the |
| 3716 |
lower price. However, in all events your right to
purchase the |
| 3717 |
unit ends when the rental agreement or any
extension of the |
| 3718 |
rental agreement ends or when you waive this
right in writing. |
| 3719 |
b. Within
90 days you will be provided purchase |
| 3720 |
information relating to your apartment, including
the price of |
| 3721 |
your unit and the condition of the building. If
you do not |
| 3722 |
receive this information within 90 days, your
rental agreement |
| 3723 |
and any extension will be extended 1 day for each
day over 90 |
| 3724 |
days until you are given the purchase
information. If you do not |
| 3725 |
want this rental agreement extension, you must
notify the |
| 3726 |
developer in writing. |
| 3727 |
7. If
you have any questions regarding this conversion or |
| 3728 |
the Cooperative Act, you may contact the
developer or the state |
| 3729 |
agency which regulates cooperatives: The Division
of Florida |
| 3730 |
Land Sales, Condominiums, Timeshares,
and Mobile Homes, |
| 3731 |
(Tallahassee address and telephone number of
division) . |
| 3732 |
Section 62. Subsection
(7) of section 720.301, Florida |
| 3733 |
Statutes, is amended to read: |
| 3734 |
720.301 Definitions.--As
used in this chapter, the term: |
| 3735 |
(7) "Division"
means the Division of Florida Land Sales, |
| 3736 |
Condominiums, Timeshares, and Mobile Homes
in the Department of |
| 3737 |
Business and Professional Regulation. |
| 3738 |
Section 63. Subsection
(2) of section 720.401, Florida |
| 3739 |
Statutes, is amended to read: |
| 3740 |
720.401 Prospective
purchasers subject to association |
| 3741 |
membership requirement; disclosure required;
covenants; |
| 3742 |
assessments; contract cancellation.-- |
| 3743 |
(2) This
section does not apply to any association |
| 3744 |
regulated under chapter 718, chapter 719, chapter
721, or |
| 3745 |
chapter 723 or to a subdivider registered
under chapter 498; and |
| 3746 |
also does not apply if disclosure regarding the
association is |
| 3747 |
otherwise made in connection with the
requirements of chapter |
| 3748 |
718, chapter 719, chapter 721, or chapter 723. |
| 3749 |
Section 64. Paragraph
(c) of subsection (1) of section |
| 3750 |
721.03, Florida Statutes, is amended to read: |
| 3751 |
721.03 Scope
of chapter.-- |
| 3752 |
(1) This
chapter applies to all timeshare plans consisting |
| 3753 |
of more than seven timeshare periods over a
period of at least 3 |
| 3754 |
years in which the accommodations and facilities,
if any, are |
| 3755 |
located within this state or offered within this
state; provided |
| 3756 |
that: |
| 3757 |
(c) All
timeshare accommodations or facilities which are |
| 3758 |
located outside the state but offered for sale in
this state |
| 3759 |
shall be governed by the following: |
| 3760 |
1. The
offering for sale in this state of timeshare |
| 3761 |
accommodations and facilities located outside the
state is |
| 3762 |
subject only to the provisions of ss.
721.01-721.12, 721.18, |
| 3763 |
721.20, 721.21, 721.26, 721.28, and part II. |
| 3764 |
2. The
division shall not require a developer of timeshare |
| 3765 |
accommodations or facilities located outside of
this state to |
| 3766 |
make changes in any timeshare instrument to
conform to the |
| 3767 |
provisions of s. 721.07 or s. 721.55. The
division shall have |
| 3768 |
the power to require disclosure of those
provisions of the |
| 3769 |
timeshare instrument that do not conform to s.
721.07 or s. |
| 3770 |
721.55 as the director determines is necessary to
fairly, |
| 3771 |
meaningfully, and effectively disclose all
aspects of the |
| 3772 |
timeshare plan. |
| 3773 |
3. Except
as provided in this subparagraph, the division |
| 3774 |
shall have no authority to determine whether any
person has |
| 3775 |
complied with another state's laws or to
disapprove any filing |
| 3776 |
out-of-state, timeshare instrument, or component
site document, |
| 3777 |
based solely upon the lack or degree of timeshare
regulation in |
| 3778 |
another state. The division may require a
developer to obtain |
| 3779 |
and provide to the division existing
documentation relating to |
| 3780 |
an out-of-state filing, timeshare instrument, or
component site |
| 3781 |
document and prove compliance of same with the
laws of that |
| 3782 |
state. In this regard, the division may accept
any evidence of |
| 3783 |
the approval or acceptance of any out-of-state
filing, timeshare |
| 3784 |
instrument, or component site document by another
state in lieu |
| 3785 |
of requiring a developer to file the out-of-state
filing, |
| 3786 |
timeshare instrument, or component site document
with the |
| 3787 |
division pursuant to this section, or the
division may accept an |
| 3788 |
opinion letter from an attorney or law firm
opining as to the |
| 3789 |
compliance of such out-of-state filing, timeshare
instrument, or |
| 3790 |
component site document with the laws of another
state. The |
| 3791 |
division may refuse to approve the inclusion of
any out-of-state |
| 3792 |
filing, timeshare instrument, or component site
document as part |
| 3793 |
of a public offering statement based upon the
inability of the |
| 3794 |
developer to establish the compliance of same
with the laws of |
| 3795 |
another state. |
| 3796 |
4. The
division is authorized to enter into an agreement |
| 3797 |
with another state for the purpose of
facilitating the |
| 3798 |
processing of out-of-state timeshare instruments
or other |
| 3799 |
component site documents pursuant to this chapter
and for the |
| 3800 |
purpose of facilitating the referral of consumer
complaints to |
| 3801 |
the appropriate state. |
| 3802 |
5. Notwithstanding
any other provision of this paragraph, |
| 3803 |
the offer, in this state, of an additional
interest to existing |
| 3804 |
purchasers in the same timeshare plan, the
same nonspecific |
| 3805 |
multisite timeshare plan, or the same
component site of a |
| 3806 |
multisite timeshare plan with accommodations and
facilities |
| 3807 |
located outside of this state shall not be
subject to the |
| 3808 |
provisions of this chapter if the offer complies
with the |
| 3809 |
provisions of s. 721.11(4). |
| 3810 |
Section 65. Subsection
(11) of section 721.05, Florida |
| 3811 |
Statutes, is amended to read: |
| 3812 |
721.05 Definitions.--As
used in this chapter, the term: |
| 3813 |
(11) "Division"
means the Division of Florida Land Sales, |
| 3814 |
Condominiums, Timeshares,
and Mobile Homes
of the Department of |
| 3815 |
Business and Professional Regulation. |
| 3816 |
Section 66. Paragraph
(d) of subsection (2) of section |
| 3817 |
721.07, Florida Statutes, is amended to read: |
| 3818 |
721.07 Public
offering statement.--Prior to offering any |
| 3819 |
timeshare plan, the developer must submit a filed
public |
| 3820 |
offering statement to the division for approval
as prescribed by |
| 3821 |
s. 721.03, s. 721.55, or this section. Until the
division |
| 3822 |
approves such filing, any contract regarding the
sale of that |
| 3823 |
timeshare plan is subject to cancellation by the
purchaser |
| 3824 |
pursuant to s. 721.10. |
| 3825 |
(2) |
| 3826 |
(d) A
developer shall have the authority to deliver to |
| 3827 |
purchasers any purchaser public offering
statement that is not |
| 3828 |
yet approved by the division, provided that the
following shall |
| 3829 |
apply: |
| 3830 |
1. At
the time the developer delivers an unapproved |
| 3831 |
purchaser public offering statement to a
purchaser pursuant to |
| 3832 |
this paragraph, the developer shall deliver a
fully completed |
| 3833 |
and executed copy of the purchase contract
required by s. 721.06 |
| 3834 |
that contains the following statement in
conspicuous type in |
| 3835 |
substantially the following form which shall
replace the |
| 3836 |
statements required by s. 721.06(1)(g): |
| 3837 |
|
| 3838 |
The developer is delivering to you a public
offering statement |
| 3839 |
that has been filed with but not yet approved by
the Division of |
| 3840 |
Florida Land Sales, Condominiums, Timeshares,
and Mobile Homes. |
| 3841 |
Any revisions to the unapproved public offering
statement you |
| 3842 |
have received must be delivered to you, but only
if the |
| 3843 |
revisions materially alter or modify the offering
in a manner |
| 3844 |
adverse to you. After the division approves the
public offering |
| 3845 |
statement, you will receive notice of the
approval from the |
| 3846 |
developer and the required revisions, if any. |
| 3847 |
|
| 3848 |
Your statutory right to cancel this transaction
without any |
| 3849 |
penalty or obligation expires 10 calendar days
after the date |
| 3850 |
you signed your purchase contract or the date on
which you |
| 3851 |
receive the last of all documents required to be
given to you |
| 3852 |
pursuant to section 721.07(6), Florida Statutes,
or 10 calendar |
| 3853 |
days after you receive revisions required to be
delivered to |
| 3854 |
you, if any, whichever is later. If you decide to
cancel this |
| 3855 |
contract, you must notify the seller in writing
of your intent |
| 3856 |
to cancel. Your notice of cancellation shall be
effective upon |
| 3857 |
the date sent and shall be sent to
(Name of Seller) at |
| 3858 |
(Address of Seller) . Any attempt to
obtain a waiver of your |
| 3859 |
cancellation right is void and of no effect.
While you may |
| 3860 |
execute all closing documents in advance, the
closing, as |
| 3861 |
evidenced by delivery of the deed or other
document, before |
| 3862 |
expiration of your 10-day cancellation period, is
prohibited. |
| 3863 |
|
| 3864 |
2. After
receipt of approval from the division and prior |
| 3865 |
to closing, if any revisions made to the
documents contained in |
| 3866 |
the purchaser public offering statement
materially alter or |
| 3867 |
modify the offering in a manner adverse to a
purchaser, the |
| 3868 |
developer shall send the purchaser such revisions
together with |
| 3869 |
a notice containing a statement in conspicuous
type in |
| 3870 |
substantially the following form: |
| 3871 |
|
| 3872 |
The unapproved public offering statement
previously delivered to |
| 3873 |
you, together with the enclosed revisions, has
been approved by |
| 3874 |
the Division of Florida Land Sales,
Condominiums, Timeshares, |
| 3875 |
and Mobile Homes. Accordingly, your cancellation
right expires |
| 3876 |
10 calendar days after you sign your purchase
contract or 10 |
| 3877 |
calendar days after you receive these revisions,
whichever is |
| 3878 |
later. If you have any questions regarding your
cancellation |
| 3879 |
rights, you may contact the division at [insert
division's |
| 3880 |
current address]. |
| 3881 |
|
| 3882 |
3. After
receipt of approval from the division and prior |
| 3883 |
to closing, if no revisions have been made to the
documents |
| 3884 |
contained in the unapproved purchaser public
offering statement, |
| 3885 |
or if such revisions do not materially alter or
modify the |
| 3886 |
offering in a manner adverse to a purchaser, the
developer shall |
| 3887 |
send the purchaser a notice containing a
statement in |
| 3888 |
conspicuous type in substantially the following
form: |
| 3889 |
|
| 3890 |
The unapproved public offering statement
previously delivered to |
| 3891 |
you has been approved by the Division of Florida Land
Sales, |
| 3892 |
Condominiums, Timeshares, and Mobile
Homes. Revisions made to |
| 3893 |
the unapproved public offering statement, if any,
are either not |
| 3894 |
required to be delivered to you or are not deemed
by the |
| 3895 |
developer, in its opinion, to materially alter or
modify the |
| 3896 |
offering in a manner that is adverse to you.
Accordingly, your |
| 3897 |
cancellation right expired 10 days after you
signed your |
| 3898 |
purchase contract. A complete copy of the
approved public |
| 3899 |
offering statement is available through the
managing entity for |
| 3900 |
inspection as part of the books and records of
the plan. If you |
| 3901 |
have any questions regarding your cancellation
rights, you may |
| 3902 |
contact the division at [insert division's
current address]. |
| 3903 |
Section 67. Subsection
(8) of section 721.08, Florida |
| 3904 |
Statutes, is amended to read: |
| 3905 |
721.08 Escrow
accounts; nondisturbance instruments; |
| 3906 |
alternate security arrangements; transfer of
legal title.-- |
| 3907 |
(8) An
escrow agent holding escrowed funds pursuant to |
| 3908 |
this chapter that have not been claimed for a
period of 5 years |
| 3909 |
after the date of deposit shall make at least one
reasonable |
| 3910 |
attempt to deliver such unclaimed funds to the
purchaser who |
| 3911 |
submitted such funds to escrow. In making such
attempt, an |
| 3912 |
escrow agent is entitled to rely on a purchaser's
last known |
| 3913 |
address as set forth in the books and records of
the escrow |
| 3914 |
agent and is not required to conduct any further
search for the |
| 3915 |
purchaser. If an escrow agent's attempt to
deliver unclaimed |
| 3916 |
funds to any purchaser is unsuccessful, the
escrow agent may |
| 3917 |
deliver such unclaimed funds to the division and
the division |
| 3918 |
shall deposit such unclaimed funds in the
Division of Florida |
| 3919 |
Land Sales, Condominiums, Timeshares,
and Mobile Homes Trust |
| 3920 |
Fund, 30 days after giving notice in a
publication of general |
| 3921 |
circulation in the county in which the timeshare
property |
| 3922 |
containing the purchaser's timeshare interest is
located. The |
| 3923 |
purchaser may claim the same at any time prior to
the delivery |
| 3924 |
of such funds to the division. After delivery of
such funds to |
| 3925 |
the division, the purchaser shall have no more
rights to the |
| 3926 |
unclaimed funds. The escrow agent shall not be
liable for any |
| 3927 |
claims from any party arising out of the escrow
agent's delivery |
| 3928 |
of the unclaimed funds to the division pursuant
to this section. |
| 3929 |
Section 68. Section
721.26, Florida Statutes, is amended |
| 3930 |
to read: |
| 3931 |
721.26 Regulation
by division.--The division has the power |
| 3932 |
to enforce and ensure compliance with the
provisions of this |
| 3933 |
chapter, except for parts III and IV, using the
powers provided |
| 3934 |
in this chapter, as well as the powers prescribed
in chapters |
| 3935 |
498, 718, and 719. In performing
its duties, the division shall |
| 3936 |
have the following powers and duties: |
| 3937 |
(1) To
aid in the enforcement of this chapter, or any |
| 3938 |
division rule adopted or order promulgated
or issued pursuant to |
| 3939 |
this chapter, the division may make necessary
public or private |
| 3940 |
investigations within or outside this state to
determine whether |
| 3941 |
any person has violated or is about to violate
this chapter, or |
| 3942 |
any division rule adopted or order
promulgated
or issued |
| 3943 |
pursuant to this chapter. |
| 3944 |
(2) The
division may require or permit any person to file |
| 3945 |
a written statement under oath or otherwise, as
the division |
| 3946 |
determines, as to the facts and circumstances
concerning a |
| 3947 |
matter under investigation. |
| 3948 |
(3) For
the purpose of any investigation under this |
| 3949 |
chapter, the director of the division or any
officer or employee |
| 3950 |
designated by the director may administer oaths
or affirmations, |
| 3951 |
subpoena witnesses and compel their attendance,
take evidence, |
| 3952 |
and require the production of any matter which is
relevant to |
| 3953 |
the investigation, including the identity,
existence, |
| 3954 |
description, nature, custody, condition, and
location of any |
| 3955 |
books, documents, or other tangible things and
the identity and |
| 3956 |
location of persons having knowledge of relevant
facts or any |
| 3957 |
other matter reasonably calculated to lead to the
discovery of |
| 3958 |
material evidence. Failure to obey a subpoena or
to answer |
| 3959 |
questions propounded by the investigating officer
and upon |
| 3960 |
reasonable notice to all persons affected thereby
shall be a |
| 3961 |
violation of this chapter. In addition to the
other enforcement |
| 3962 |
powers authorized in this subsection, the
division may, at its |
| 3963 |
discretion, apply to the circuit court for
an order compelling |
| 3964 |
compliance. |
| 3965 |
(4) The
division may prepare and disseminate a prospectus |
| 3966 |
and other information to assist prospective
purchasers, sellers, |
| 3967 |
and managing entities of timeshare plans in
assessing the |
| 3968 |
rights, privileges, and duties pertaining
thereto. |
| 3969 |
(5) Notwithstanding
any remedies available to purchasers, |
| 3970 |
if the division has reasonable cause to believe
that a violation |
| 3971 |
of this chapter, or of any division rule adopted
or order |
| 3972 |
promulgated or issued pursuant to this
chapter, has occurred, |
| 3973 |
the division may institute enforcement
proceedings in its own |
| 3974 |
name against any regulated party, as such term is
defined in |
| 3975 |
this subsection: |
| 3976 |
(a)1. "Regulated
party," for purposes of this section, |
| 3977 |
means any developer, exchange company, seller,
managing entity, |
| 3978 |
owners' association, owners' association
director, owners' |
| 3979 |
association officer, manager, management firm,
escrow agent, |
| 3980 |
trustee, any respective assignees or agents, or
any other person |
| 3981 |
having duties or obligations pursuant to this
chapter. |
| 3982 |
2. Any
person who materially participates in any offer or |
| 3983 |
disposition of any interest in, or the management
or operation |
| 3984 |
of, a timeshare plan in violation of this chapter
or relevant |
| 3985 |
rules involving fraud, deception, false
pretenses, |
| 3986 |
misrepresentation, or false advertising or the
disbursement, |
| 3987 |
concealment, or diversion of any funds or assets,
which conduct |
| 3988 |
adversely affects the interests of a purchaser,
and which person |
| 3989 |
directly or indirectly controls a regulated party
or is a |
| 3990 |
general partner, officer, director, agent, or
employee of such |
| 3991 |
regulated party, shall be jointly and severally
liable under |
| 3992 |
this subsection with such regulated party, unless
such person |
| 3993 |
did not know, and in the exercise of reasonable
care could not |
| 3994 |
have known, of the existence of the facts giving
rise to the |
| 3995 |
violation of this chapter. A right of
contribution shall exist |
| 3996 |
among jointly and severally liable persons
pursuant to this |
| 3997 |
paragraph. |
| 3998 |
(b) The
division may permit any person whose conduct or |
| 3999 |
actions may be under investigation to waive
formal proceedings |
| 4000 |
and enter into a consent proceeding whereby an
order, rule, or |
| 4001 |
letter of censure or warning, whether formal or
informal, may be |
| 4002 |
entered against that person. |
| 4003 |
(c) The
division may issue an order requiring a regulated |
| 4004 |
party to cease and desist from an unlawful
practice under this |
| 4005 |
chapter and take such affirmative action as in
the judgment of |
| 4006 |
the division will carry out the purposes of this
chapter. |
| 4007 |
(d)1. The
division may bring an action in circuit court |
| 4008 |
for declaratory or injunctive relief or for other
appropriate |
| 4009 |
relief, including restitution. |
| 4010 |
2. The
division shall have broad authority and discretion |
| 4011 |
to petition the circuit court to appoint a
receiver with respect |
| 4012 |
to any managing entity which fails to perform its
duties and |
| 4013 |
obligations under this chapter with respect to
the operation of |
| 4014 |
a timeshare plan. The circumstances giving rise
to an |
| 4015 |
appropriate petition for receivership under this
subparagraph |
| 4016 |
include, but are not limited to: |
| 4017 |
a. Damage
to or destruction of any of the accommodations |
| 4018 |
or facilities of a timeshare plan, where the
managing entity has |
| 4019 |
failed to repair or reconstruct same. |
| 4020 |
b. A
breach of fiduciary duty by the managing entity, |
| 4021 |
including, but not limited to, undisclosed
self-dealing or |
| 4022 |
failure to timely assess, collect, or disburse
the common |
| 4023 |
expenses of the timeshare plan. |
| 4024 |
c. Failure
of the managing entity to operate the timeshare |
| 4025 |
plan in accordance with the timeshare instrument
and this |
| 4026 |
chapter. |
| 4027 |
|
| 4028 |
If, under the circumstances, it appears that the
events giving |
| 4029 |
rise to the petition for receivership cannot be
reasonably and |
| 4030 |
timely corrected in a cost-effective manner
consistent with the |
| 4031 |
timeshare instrument, the receiver may petition
the circuit |
| 4032 |
court to implement such amendments or revisions
to the timeshare |
| 4033 |
instrument as may be necessary to enable the
managing entity to |
| 4034 |
resume effective operation of the timeshare plan,
or to enter an |
| 4035 |
order terminating the timeshare plan, or to enter
such further |
| 4036 |
orders regarding the disposition of the timeshare
property as |
| 4037 |
the court deems appropriate, including the
disposition and sale |
| 4038 |
of the timeshare property held by the owners'
association or the |
| 4039 |
purchasers. In the event of a receiver's sale,
all rights, |
| 4040 |
title, and interest held by the owners'
association or any |
| 4041 |
purchaser shall be extinguished and title shall
vest in the |
| 4042 |
buyer. This provision applies to timeshare
estates, personal |
| 4043 |
property timeshare interests, and timeshare
licenses. All |
| 4044 |
reasonable costs and fees of the receiver
relating to the |
| 4045 |
receivership shall become common expenses of the
timeshare plan |
| 4046 |
upon order of the court. |
| 4047 |
3. The
division may revoke its approval of any filing for |
| 4048 |
any timeshare plan for which a petition for
receivership has |
| 4049 |
been filed pursuant to this paragraph. |
| 4050 |
(e)1. The
division may impose a penalty against any |
| 4051 |
regulated party for a violation of this chapter
or any rule |
| 4052 |
adopted thereunder. A penalty may be imposed on
the basis of |
| 4053 |
each day of continuing violation, but in no event
may the |
| 4054 |
penalty for any offense exceed $10,000. All
accounts collected |
| 4055 |
shall be deposited with the Chief Financial
Officer to the |
| 4056 |
credit of the Division of Florida Land Sales,
Condominiums, |
| 4057 |
Timeshares, and Mobile Homes Trust Fund. |
| 4058 |
2.a. If
a regulated party fails to pay a penalty, the |
| 4059 |
division shall thereupon issue an order directing
that such |
| 4060 |
regulated party cease and desist from further
operation until |
| 4061 |
such time as the penalty is paid; or the division
may pursue |
| 4062 |
enforcement of the penalty in a court of
competent jurisdiction. |
| 4063 |
b. If an
owners' association or managing entity fails to |
| 4064 |
pay a civil penalty, the division may pursue
enforcement in a |
| 4065 |
court of competent jurisdiction. |
| 4066 |
(f) In
order to permit the regulated party an opportunity |
| 4067 |
either to appeal such decision
administratively or to seek |
| 4068 |
relief in a court of competent jurisdiction, the
order imposing |
| 4069 |
the penalty or the cease and desist order shall
not become |
| 4070 |
effective until 20 days after the date of such
order. |
| 4071 |
(g) Any
action commenced by the division shall be brought |
| 4072 |
in the county in which the division has its
executive offices or |
| 4073 |
in the county where the violation occurred. |
| 4074 |
(h) Notice
to any regulated party shall be complete when |
| 4075 |
delivered by United States mail, return receipt
requested, to |
| 4076 |
the party's address currently on file with the
division or to |
| 4077 |
such other address at which the division is able
to locate the |
| 4078 |
party. Every regulated party has an affirmative
duty to notify |
| 4079 |
the division of any change of address at least 5
business days |
| 4080 |
prior to such change. |
| 4081 |
(6) The
division has authority to adopt rules pursuant to |
| 4082 |
ss. 120.536(1) and 120.54 to implement and
enforce the |
| 4083 |
provisions of this chapter. |
| 4084 |
(7)(a) The
use of any unfair or deceptive act or practice |
| 4085 |
by any person in connection with the sales or
other operations |
| 4086 |
of an exchange program or timeshare plan is a
violation of this |
| 4087 |
chapter. |
| 4088 |
(b) Any
violation of the Florida Deceptive and Unfair |
| 4089 |
Trade Practices Act, ss. 501.201 et seq.,
relating to the |
| 4090 |
creation, promotion, sale, operation, or
management of any |
| 4091 |
timeshare plan shall also be a violation of this
chapter. |
| 4092 |
(c) The
division may is authorized to institute |
| 4093 |
proceedings against any such person and take any
appropriate |
| 4094 |
action authorized in this section in connection
therewith, |
| 4095 |
notwithstanding any remedies available to
purchasers. |
| 4096 |
(8) The
failure of any person to comply with any order of |
| 4097 |
the division is a violation of this chapter. |
| 4098 |
Section 69. Section
721.28, Florida Statutes, is amended |
| 4099 |
to read: |
| 4100 |
721.28 Division
of Florida Land Sales, Condominiums, |
| 4101 |
Timeshares, and Mobile Homes Trust
Fund.--All funds collected by |
| 4102 |
the division and any amounts paid as fees or
penalties under |
| 4103 |
this chapter shall be deposited in the State
Treasury to the |
| 4104 |
credit of the Division of Florida Land Sales,
Condominiums, |
| 4105 |
Timeshares, and Mobile Homes Trust Fund
created by s. 718.509 |
| 4106 |
498.019. |
| 4107 |
Section 70. Paragraph
(c) of subsection (1) of section |
| 4108 |
721.301, Florida Statutes, is amended to read: |
| 4109 |
721.301 Florida
Timesharing, Vacation Club, and |
| 4110 |
Hospitality Program.-- |
| 4111 |
(1) |
| 4112 |
(c) The
director may designate funds from the Division of |
| 4113 |
Florida Land Sales,
Condominiums, Timeshares,
and Mobile Homes |
| 4114 |
Trust Fund, not to exceed $50,000 annually, to
support the |
| 4115 |
projects and proposals undertaken pursuant to
paragraph (b). All |
| 4116 |
state trust funds to be expended pursuant to this
section must |
| 4117 |
be matched equally with private moneys and shall
comprise no |
| 4118 |
more than half of the total moneys expended
annually. |
| 4119 |
Section 71. Section
721.50, Florida Statutes, is amended |
| 4120 |
to read: |
| 4121 |
721.50 Short
title.--This part may be cited as the |
| 4122 |
"McAllister Act" in recognition and
appreciation for the years |
| 4123 |
of extraordinary and insightful contributions by
Mr. Bryan C. |
| 4124 |
McAllister, Examinations Supervisor of the
former, Division of |
| 4125 |
Florida Land Sales, Condominiums, and Mobile
Homes. |
| 4126 |
Section 72. Subsection
(1) of section 723.003, Florida |
| 4127 |
Statutes, is amended to read: |
| 4128 |
723.003 Definitions.--As
used in this chapter, the |
| 4129 |
following words and terms have the following
meanings unless |
| 4130 |
clearly indicated otherwise: |
| 4131 |
(1) The
term "division" means the Division of Florida Land |
| 4132 |
Sales, Condominiums,
Timeshares,
and Mobile Homes of the |
| 4133 |
Department of Business and Professional
Regulation. |
| 4134 |
Section 73. Paragraph
(e) of subsection (5) of section |
| 4135 |
723.006, Florida Statutes, is amended to read: |
| 4136 |
723.006 Powers
and duties of division.--In performing its |
| 4137 |
duties, the division has the following powers and
duties: |
| 4138 |
(5) Notwithstanding
any remedies available to mobile home |
| 4139 |
owners, mobile home park owners, and homeowners'
associations, |
| 4140 |
if the division has reasonable cause to believe
that a violation |
| 4141 |
of any provision of this chapter or related
any rule promulgated |
| 4142 |
pursuant hereto has occurred, the division
may institute |
| 4143 |
enforcement proceedings in its own name against a
developer, |
| 4144 |
mobile home park owner, or homeowners'
association, or its |
| 4145 |
assignee or agent, as follows: |
| 4146 |
(e)1. The
division may impose a civil penalty against a |
| 4147 |
mobile home park owner or homeowners'
association, or its |
| 4148 |
assignee or agent, for any violation of this
chapter, a properly |
| 4149 |
adopted promulgated park rule or
regulation, or a rule adopted |
| 4150 |
or regulation promulgated pursuant hereto.
A penalty may be |
| 4151 |
imposed on the basis of each separate violation
and, if the |
| 4152 |
violation is a continuing one, for each day of
continuing |
| 4153 |
violation, but in no event may the penalty for
each separate |
| 4154 |
violation or for each day of continuing violation
exceed $5,000. |
| 4155 |
All amounts collected shall be deposited with the
Chief |
| 4156 |
Financial Officer to the credit of the Division
of Florida Land |
| 4157 |
Sales, Condominiums, Timeshares,
and Mobile Homes Trust Fund. |
| 4158 |
2. If a
violator fails to pay the civil penalty, the |
| 4159 |
division shall thereupon issue an order directing
that such |
| 4160 |
violator cease and desist from further violation
until such time |
| 4161 |
as the civil penalty is paid or may pursue
enforcement of the |
| 4162 |
penalty in a court of competent jurisdiction. If
a homeowners' |
| 4163 |
association fails to pay the civil penalty, the
division shall |
| 4164 |
thereupon pursue enforcement in a court of
competent |
| 4165 |
jurisdiction, and the order imposing the civil
penalty or the |
| 4166 |
cease and desist order shall not become effective
until 20 days |
| 4167 |
after the date of such order. Any action
commenced by the |
| 4168 |
division shall be brought in the county in which
the division |
| 4169 |
has its executive offices or in which the
violation occurred. |
| 4170 |
Section 74. Section
723.009, Florida Statutes, is amended |
| 4171 |
to read: |
| 4172 |
723.009 Division
of Florida Land Sales, Condominiums, |
| 4173 |
Timeshares, and Mobile Homes Trust
Fund.--All proceeds from the |
| 4174 |
fees, penalties, and fines imposed pursuant to
this chapter |
| 4175 |
shall be deposited into the Division of Florida Land
Sales, |
| 4176 |
Condominiums, Timeshares, and Mobile Homes
Trust Fund created by |
| 4177 |
s. 718.509 498.019. Moneys in this
fund, as appropriated by the |
| 4178 |
Legislature pursuant to chapter 216, may be used
to defray the |
| 4179 |
expenses incurred by the division in
administering the |
| 4180 |
provisions of this chapter. |
| 4181 |
Section 75. Paragraph
(c) of subsection (2) of section |
| 4182 |
723.0611, Florida Statutes, is amended to read: |
| 4183 |
723.0611 Florida
Mobile Home Relocation Corporation.-- |
| 4184 |
(2) |
| 4185 |
(c) The
corporation shall, for purposes of s. 768.28, be |
| 4186 |
considered an agency of the state. Agents or
employees of the |
| 4187 |
corporation, members of the board of directors of
the |
| 4188 |
corporation, or representatives of the Division
of Florida Land |
| 4189 |
Sales, Condominiums, Timeshares,
and Mobile Homes shall be |
| 4190 |
considered officers, employees, or agents of the
state, and |
| 4191 |
actions against them and the corporation shall be
governed by s. |
| 4192 |
768.28. |
| 4193 |
Section 76. Except
as otherwise expressly provided in this |
| 4194 |
act, this act shall take effect July 1, 2008. |