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
5-826-03
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.
2
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Florida Senate - 2003
SB 1248
5-826-03
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.
3
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Florida Senate - 2003
SB 1248
5-826-03
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
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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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