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By
Jan Bergemann
Published June 22, 2022
As discussed during our
Town
Hall Meeting in Doral
on September 18, 2021, Senator Ana Maria
Rodriguez filed Senate Bill 274 -- named the "Condominium Fraud
Investigation Pilot Program".
SUMMARY:
Condominium Fraud
Investigation Pilot Program; Creating
the Condominium Fraud Investigation
Pilot Program within the Department of
Legal Affairs in the Office of the
Attorney General; authorizing the
department to contract with a private
entity to achieve the purpose of the
program; requiring that the pilot
program be funded from the Division of
Florida Condominiums, Timeshares, and
Mobile Homes Trust Fund; providing for
future repeal of the program unless
reviewed and saved from repeal by the
Legislature, etc.
Effective
Date: 10/1/2022
Last Action:
9/21/2021 Senate - Filed
CLICK HERE TO READ THE
ORIGINALLY FILED BILL
Here are the important Talking
Points for this bill:
-
Creates
the Condominium Fraud Task
Force Pilot program
-
Creates a
public/ private partnership
with retired law enforcement
personnel specializing in
fraud and corruption in
condominiums.
-
Establishes the Ombudsman’s
office responsibility to
screen complaints and to
forward findings to the
correct agency for
investigation.
-
Gives the
Ombudsman’s office the
ability to void or cancel
any condominium elections
where election monitoring
statutes or any other
election statutes are
violated.
-
Establishes the hiring of
personnel to accomplish its
goals and provide inspectors
with subpoena powers. The
Task Force will consist of 5
financial investigators with
subpoena powers and 5 non-
sworn investigators with
previous Law Enforcement
experience. FDLE shall
provide 5 certified law
enforcement officers with
subpoena powers, arrest
powers, and with the ability
to present criminal cases to
the State Attorney’s Office
having jurisdiction.
-
The Task
Force will be funded through
the Florida Condominium
Trust Fund
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Senator Ana Maria Rodriguez
(R-Miami -- District 39)
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BILL ANALYSIS BY MILENA MACIAS, ESQ.
CHAIR
OF THE CCFJ LEGISLATIVE AFFAIRS COMMITTEE
We should support the proposed bill SB 274 entitled
“Condominium Fraud Investigation Pilot Program” filed by Senator Ana Maria
Rodriguez on September 21, 2021.
Under this bill, a pilot program is created to deal with investigations on
condominium-related fraud and corruption in Broward, Miami-Dade, and Monroe
Counties. The programs mission is to deter, prevent and investigate fraud
and corruption in condominium associations. This bill provides greater
protection to owners in condominium the association, and specific methods,
including the use of retired law enforcement officers who have expertise in
fraud or corruption to foster a private/public partnership. The measures are
of benefit to Broward, Miami-Dade and Monroe counties.
This bill creates s.16.81 F.S., a pilot program entitled “Condominium Fraud
Investigation Pilot Program” (“Program”) within the Department of Legal
Affairs in the Office of the Attorney General (“Department”). The purpose of
the Program is to investigate condominium-related fraud and corruption in
Broward, Miami-Dade, and Monroe Counties. As part of the Program, the
creation of private/public partnership and establishes that the Department
is authorized to and may contract private entities that employ retired law
enforcement officers who have financial fraud expertise. The Department is
also authorized to hire five law enforcement officers who have been
certified by the Department of Law Enforcement (as defined in Chapter 943,
F.S.) In addition, if the Department chooses not to contract with private
entities, then the Department must hire three financial investigators, five
investigators with previous law enforcement experience, and three clerical
employees to staff the program, to ensure that the purpose of the the
Program is fulfilled. (Section 1. Section 16.81(1), Florida Statutes)
The bill also authorizes a person to file a complaint with the Office of the
Condominium Ombudsman. The Ombudsman is required to review complaints and
take special measures including forwarding of complaints to the proper
agency. In the event that the complaint does not not contain allegations of
fraud or corruption, the Ombudsman must forward the complaint to the
Division of Florida Condominiums, Timeshares, and Mobile Homes. (Section
1. Section 16.81(2), Florida Statutes.)
The Program grants the Department the power to subpoena, audit, and
investigate in dealing with fraud and/or corruption, Department is allowed
to administer oaths, subpoena witnesses, and compel the production of books,
papers, or other records relevant to the investigation. If. after a careful
review, the Department finds sufficient evidence for criminal prosecution,
it must refer the case to the appropriate state attorney for prosecution.
(Section 1. Section 16.81(3), Florida Statutes)
The Program must be funded annually from the Division of Florida
Condominiums, Timeshares, and Mobile Homes Trust Fund, and funds
specifically with funds specifically appropriated in the General
Appropriations.
Further, the Program Program provides under 718.501, F.S. that the Program
will be repealed on October 2, 2027, unless dictated otherwise by the
Legislature.
Section 2. Subsection (1) of section 718.501, F.S., amends and provides the
authority, duty and responsibility by the Florida Condominiums, Timeshares,
and Mobile Homes, including forwarding complaints relating to fraud or
corruption to the Office of the Condominium Ombudsman. The bill also
provides under s. 718.5012, F.S.; additional powers of the Ombudsman to
include the ability to void or cancel condominium elections if election
monitors or election statutes are violated; and provides an effective date.
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