Florida Senate - 2003 SB 1248
Mandated Property Reform Task Force Bill
Filed by Senator Stephen R. Wise
 District 5  --  Republican
Florida Senate - 2003                                  SB 1248    ( Similar H 0547 )
By Senator Wise ;  (CO-SPONSORS) Senator Fasano, Garcia 

Mandated Property Reform Task Force; establishes said task force;  provides for appointment of members & organization of task force;  specifies duties; provides for reports; provides for termination.  APPROPRIATION: $50,000.  EFFECTIVE DATE: Upon becoming law. 
02/14/03 SENATE Prefiled 
02/26/03 SENATE Referred to: 
Comprehensive Planning;
Commerce, Economic Opportunities, and Consumer Services;
Judiciary;
Governmental Oversight and Productivity;
Appropriations

03/04/03 SENATE Introduced, referred to Comprehensive Planning; 
Commerce, Economic Opportunities, and Consumer Services; 
Judiciary;
Governmental Oversight and Productivity;
Appropriations

03/07/03 SENATE On Committee agenda -- Comprehensive Planning, 
03/12/03, 9:00 am, 412-K -- Temporarily postponed
03/21/03 SENATE On Committee agenda-- Comprehensive Planning,
03/26/03, 11:15 am, 412-K 
03/26/03 SENATE CS by Comprehensive Planning; YEAS  7  NAYS  0

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5-826-03

  1                      A bill to be entitled
  2         An act relating to real property reform;
  3         establishing the Mandated Property Reform Task
  4         Force; providing for appointment of members and
  5         organization of the task force; specifying
  6         duties; providing for reports; providing for
  7         termination; providing an appropriation;
  8         providing an effective date.
  9 
10  Be It Enacted by the Legislature of the State of Florida:
11 
12         Section 1.  Mandated Property Reform Task Force;
13  membership; duties.--
14      (1)  The Mandated Property Reform Task Force is
15  established and shall review and recommend appropriate changes
16  to the laws of this state affecting land sales, exemptions,
17  and mandatory homeowners' associations and disclosure laws
18  related to adult and residential subdivisions. The task force
19  shall issue recommendations in its preliminary and final
20  reports to the Governor and the Legislature by the dates
21  specified in subsection (5). The Senate Regulated Industries
22  Committee and the House Committee on Judicial Oversight shall
23  provide administrative staff for the task force.  The task
24  force shall consist of the following members, who shall be
25  appointed by July 1, 2003:
26      (a)  Eleven members to be appointed by the Governor.
27      (b)  Five members to be appointed by the President of
28  the Senate.
29      (c)  Five members to be appointed by the Speaker of the
30  House of Representatives.
31 
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    Florida Senate - 2003                                  SB 1248
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 1      (d)  A representative from the Attorney General's
 2  office.
 3     (e)  Five members of the Legislature who shall be ex
 4  officio, nonvoting members of the task force, appointed as
 5  follows:
 6     1.  Three Senators, to be appointed by the President of
 7  the Senate, one of whom is a member of the Senate Agriculture
 8  Committee, one of whom is a member of the Senate Judiciary
 9  Committee, and one of whom is a member of the Senate Regulated
10  Industries Committee.
11      2.  Two Representatives, to be appointed by the Speaker
12  of the House of Representatives, one of whom is a member of
13  the House Committee on Business Regulation and one of whom is
14  a member of the House Judiciary Committee.
15      (2)  Selection of task force members shall be made in a
16  manner that ensures a fair and balanced representation from
17  the industry sector and consumer advocates with a substantial
18  public record of endeavors on behalf of homeowners' rights and
19  consumer interests.
20      (a)  Twelve members representing homeowners' rights and
21  consumer interests shall be selected from a pool of candidates
22  solicited for appointment by the Governor, the President of
23  the Senate, and the Speaker of the House of Representatives,
24  six of whom shall be appointed by the Governor, three of whom
25  shall be appointed by the President of the Senate, and three
26  of whom shall be appointed by the Speaker of the House of
27  Representatives.
28      (b)  Each appointed member of the task force shall
29  serve at the pleasure of the appointing official. A vacancy on
30  the task force shall be filled in the same manner as the
31  original appointment.
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    Florida Senate - 2003                                  SB 1248
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 1      (c)  The task force shall elect a chair from among its
 2  members.
 3     (d)  Members of the task force shall serve without
 4  compensation but are entitled to reimbursement for per diem
 5  and travel expenses incurred in the performance of their
 6  duties as provided in section 112.061, Florida Statutes.
 7         (3)  The task force shall hold its organizational
 8  meeting by August 1, 2003, and thereafter shall meet as
 9  scheduled at the time and place designated by the chair. A
10  majority of the members of the task force constitutes a
11  quorum, and a quorum is necessary for the purpose of
12  conducting official business of the task force. The task force
13  shall use accepted rules of procedure to conduct its meetings
14  and shall keep a complete record of each meeting.
15      (4)  The task force shall evaluate the changes and
16  additions, if any, to those laws which may be appropriate to
17  protect the interests of consumers and property owners on
18  matters including, but not limited to, control of the
19  homeowners' association's operations, management and
20  maintenance, disclosure of financial reports by developers or
21  owners, disclosure of all governing documents governing the
22  real property, penalties for noncompliance, oversight and
23  funding for such protection of interests, alternative dispute
24  resolution, and assistance in the formulation of rules to
25  implement enforcement.
26      (5)(a)  By February 1, 2004, the task force shall
27  submit a preliminary report to the Governor, the President of
28  the Senate, and the Speaker of the House of Representatives.
29      (b)  By February 1, 2005, the task force shall submit a
30  final report to the Governor, the President of the Senate, and
31  the Speaker of the House of Representatives.

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 1      (6)  This act is repealed and the task force is
 2  terminated June 30, 2005.
 3         Section 2.  The sum of $50,000 is appropriated from the
 4  General Revenue Fund to the Office of Legislative Services for
 5  the purpose of paying administrative expenses and funding
 6  contracts necessary to carry out the provisions of this act.
 7         Section 3.  This act shall take effect upon becoming a
 8  law.
 9 
10            *****************************************
11                          SENATE SUMMARY
12 
        Establishes the Mandated Property Reform Task Force to
13    review and recommend appropriate changes to state laws
        affecting land sales, exemptions, and mandatory
14    homeowners' associations and disclosure laws related to
        adult and residential subdivisions.
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