HOUSE AMENDMENT
                                                  Bill No. HB 1649
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Judicial Oversight offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 1.  Subsection (11) is added to section
18  718.116, Florida Statutes, to read:
19         718.116  Assessments; liability; lien and priority;
20  interest; collection.--
21         (11)  No more than 50 percent of any assessment made
22  but not yet collected by the association may be used as
23  collateral by the association to secure financing of the
24  association's efforts to pursue litigation or remedy
25  construction defects.
26         Section 2.  Subsections (8) and (9) are added to
27  section 718.203, Florida Statutes, to read:
28         718.203  Warranties.--
29         (8)  If the developer has obtained from the contractor
30  a construction payment and performance bond in the amount of
31  the contract with the contractor which was issued by a surety
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    File original & 9 copies    04/12/01                          
    hjo0006                     12:18 pm         01649-jo  -684891

HOUSE AMENDMENT Bill No. HB 1649 Amendment No. 01 (for drafter's use only) 1 licensed to do business in this state and has assigned or 2 otherwise made available the bond or the proceeds thereof to 3 the association for a period equal to or greater than the 4 warranty periods in s. 718.203, the developer has no 5 liability, under the Condominium Act or otherwise at law or in 6 equity, to the association or to the purchaser of each unit 7 for any construction defects or deficiencies that are within 8 the scope of the developer's contract with the contractor and 9 all subcontractors and suppliers. 10 (9) If the developer has required the engineer to 11 maintain a professional-malpractice policy that has minimum 12 limits of $1 million and was issued by an insurer licensed to 13 do business in this state and has assigned or otherwise made 14 available the policy or the proceeds thereof to the 15 association for a period equal to or greater than the warranty 16 periods in s. 718.213, the developer has no liability to the 17 association or to the purchaser of each unit, under the 18 Condominium Act or otherwise at law or in equity, for any 19 defects in engineering design or engineering services that are 20 within the scope of the developer's contract with the 21 engineer. 22 Section 3. Section 718.3027, Florida Statutes, is 23 created to read: 24 718.3027 Prelitigation disclosure to and approval by 25 owners.-- 26 (1) Before commencing any litigation against the 27 developer in the name of the association involving amounts in 28 controversy in excess of $100,000, the association must 29 furnish to each owner a separate document entitled "Litigation 30 Disclosure Notice," which must be in a format approved by the 31 division. 2 File original & 9 copies 04/12/01 hjo0006 12:18 pm 01649-jo -684891
HOUSE AMENDMENT Bill No. HB 1649 Amendment No. 01 (for drafter's use only) 1 (2) This Litigation Disclosure Notice must inform each 2 owner of the basis for the association's contemplated 3 litigation; the professional qualifications of the person 4 making the allegations supporting the association's claim; the 5 response of the adverse party to the allegations and whether 6 the adverse party has refused or offered to perform remedial 7 work; the efforts made to mediate or resolve the claim; the 8 projected attorney's fees, expert fees, and other costs to the 9 association of the proposed litigation or adversarial 10 proceeding; the association's probability of success of the 11 litigation or adversarial proceeding; the association's 12 probability of collecting a judgment resulting from the 13 litigation or adversarial proceeding; and the probability of 14 association liability for attorney's fees and costs associated 15 with the litigation or adversarial proceeding. 16 (3) Litigation based upon the Litigation Disclosure 17 Notice may not be commenced unless approved in advance by a 18 majority of the owners or by such greater number of the owners 19 as is required by the declaration of the condominium operated 20 by the association. 21 Section 4. Section 718.3028, Florida Statutes, is 22 created to read: 23 718.3028 Prelitigation arbitration.--Before filing 24 litigation involving amounts in a controversy in excess of 25 $100,000, the dispute must be submitted to mandatory 26 nonbinding arbitration as provided by this section. 27 Section 5. Present subsection (6) of section 718.301, 28 Florida Statutes, is redesignated as subsection (7) of that 29 section and new subsection (6) is added to that section to 30 read: 31 718.301 Transfer of association control.-- 3 File original & 9 copies 04/12/01 hjo0006 12:18 pm 01649-jo -684891
HOUSE AMENDMENT Bill No. HB 1649 Amendment No. 01 (for drafter's use only) 1 (6) Actions taken by members of the board of 2 administration designated by the developer are considered 3 actions taken by the developer and the developer is 4 responsible to the association and its members for all such 5 actions. 6 Section 6. Paragraph (a) of subsection (1) of section 7 718.503, Florida Statutes, is amended to read: 8 718.503 Developer disclosure prior to sale; 9 nondeveloper unit owner disclosure prior to sale; 10 voidability.-- 11 (1) DEVELOPER DISCLOSURE.-- 12 (a) Contents of contracts.--Any contract for the sale 13 of a residential unit or a lease thereof for an unexpired term 14 of more than 5 years shall: 15 1. Contain the following legend in conspicuous type: 16 THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN 17 NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER 18 THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER, AND 19 RECEIPT BY BUYER OF ALL OF THE ITEMS REQUIRED TO BE DELIVERED 20 TO HIM OR HER BY THE DEVELOPER UNDER SECTION 718.503, FLORIDA 21 STATUTES. THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY 22 DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL 23 WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE DEVELOPER OF 24 ANY AMENDMENT WHICH MATERIALLY ALTERS OR MODIFIES THE OFFERING 25 IN A MANNER THAT IS ADVERSE TO THE BUYER. ANY PURPORTED 26 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. 27 BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE 28 THAN 15 DAYS AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS 29 REQUIRED. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 30 TERMINATE AT CLOSING. 31 2. Contain the following caveat in conspicuous type on 4 File original & 9 copies 04/12/01 hjo0006 12:18 pm 01649-jo -684891
HOUSE AMENDMENT Bill No. HB 1649 Amendment No. 01 (for drafter's use only) 1 the first page of the contract: ORAL REPRESENTATIONS CANNOT 2 BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE 3 DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE 4 MADE TO THIS CONTRACT AND THE DOCUMENTS REQUIRED BY SECTION 5 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A 6 BUYER OR LESSEE. A PURCHASER HAS NO CLAIM OR CAUSE OF ACTION 7 AGAINST THE DEVELOPER FOR THE PURCHASER'S RELIANCE ON ORAL 8 REPRESENTATIONS OR INFORMATION NOT CONTAINED IN THIS 9 AGREEMENT. 10 3. If the unit has been occupied by someone other than 11 the buyer, contain a statement that the unit has been 12 occupied. 13 4. If the contract is for the sale or transfer of a 14 unit subject to a lease, include as an exhibit a copy of the 15 executed lease and shall contain within the text in 16 conspicuous type: THE UNIT IS SUBJECT TO A LEASE (OR 17 SUBLEASE). 18 5. If the contract is for the lease of a unit for a 19 term of 5 years or more, include as an exhibit a copy of the 20 proposed lease. 21 6. If the contract is for the sale or lease of a unit 22 that is subject to a lien for rent payable under a lease of a 23 recreational facility or other commonly used facility, contain 24 within the text the following statement in conspicuous type: 25 THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS SUBJECT TO 26 A LIEN FOR RENT PAYABLE UNDER A LEASE OF COMMONLY USED 27 FACILITIES. FAILURE TO PAY RENT MAY RESULT IN FORECLOSURE OF 28 THE LIEN. 29 7. State the name and address of the escrow agent 30 required by s. 718.202 and state that the purchaser may obtain 31 a receipt for his or her deposit from the escrow agent upon 5 File original & 9 copies 04/12/01 hjo0006 12:18 pm 01649-jo -684891
HOUSE AMENDMENT Bill No. HB 1649 Amendment No. 01 (for drafter's use only) 1 request. 2 8. If the contract is for the sale or transfer of a 3 unit in a condominium in which timeshare estates have been or 4 may be created, contain within the text in conspicuous type: 5 UNITS IN THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES. 6 The contract for the sale of a fee interest in a timeshare 7 estate shall also contain, in conspicuous type, the following: 8 FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL ASSESSMENTS 9 LEVIED BY TAXING AUTHORITIES AGAINST A FEE INTEREST IN A 10 TIMESHARE ESTATE, THE MANAGING ENTITY IS GENERALLY CONSIDERED 11 THE TAXPAYER UNDER FLORIDA LAW. YOU HAVE THE RIGHT TO 12 CHALLENGE AN ASSESSMENT BY A TAXING AUTHORITY RELATING TO YOUR 13 TIMESHARE ESTATE PURSUANT TO THE PROVISIONS OF CHAPTER 194, 14 FLORIDA STATUTES. 15 Section 7. This act shall take effect July 1, 2001. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 remove from the title of the bill: the entire title 21 22 and insert in lieu thereof: 23 A bill to be entitled 24 An act relating to condominiums; amending s. 25 718.116, F.S.; limiting the portion of an 26 assessment that has been made but not collected 27 which may be used as collateral for financing 28 litigation or efforts to remedy construction 29 defects; amending s. 718.203, F.S.; relieving 30 the developer of liability for certain defects 31 if the developer has met prescribed conditions; 6 File original & 9 copies 04/12/01 hjo0006 12:18 pm 01649-jo -684891
HOUSE AMENDMENT Bill No. HB 1649 Amendment No. 01 (for drafter's use only) 1 creating s. 718.3027, F.S.; requiring 2 prelitigation disclosure to and approval by 3 owners; creating s. 718.3028, F.S.; providing 4 for prelitigation arbitration in specified 5 cases; amending s. 718.301, F.S.; providing for 6 the effect of actions taken by members of the 7 board of administration of an association; 8 amending s. 718.503, F.S.; providing 9 requirements for developer disclosure in 10 certain contracts for the sale or lease of a 11 residential unit; providing an effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 File original & 9 copies 04/12/01 hjo0006 12:18 pm 01649-jo -684891