House Bill hb1923e1

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                                          HB 1923, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Department of Business

  3         and Professional Regulation; amending s.

  4         20.165, F.S.; renaming the Division of Florida

  5         Land Sales, Condominiums, and Mobile Homes as

  6         the Division of Condominiums, Timeshare, and

  7         Mobile Homes; including reference to the Board

  8         of Barbering and Cosmetology; revising minimum

  9         requirements for the number of consumer members

10         on professional licensing boards; repealing

11         provisions relating to the transfer of board

12         locations; amending ss. 326.001, 326.002,

13         326.003, 326.004, 326.006, F.S.; transferring

14         the regulation of yacht and ship brokers and

15         salespersons from the Division of Florida Land

16         Sales, Condominiums, and Mobile Homes to the

17         Division of Professions; revising provisions

18         relating to criminal history checks and

19         administrative and civil penalties; requiring

20         that all funds collected pursuant to such

21         regulation be deposited into the Professional

22         Regulation Trust Fund; revising references;

23         amending s. 399.061, F.S.; revising provisions

24         relating to the inspection of elevators;

25         amending s. 455.213, F.S.; providing for the

26         content of licensure and renewal documents;

27         providing for the electronic submission of

28         information to the department; providing that

29         all legal obligations must be met before the

30         issuance or renewal of a license; amending s.

31         455.224, F.S.; authorizing any division of the


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                                          HB 1923, First Engrossed



  1         department to issue citations in the

  2         enforcement of its regulatory provisions in

  3         accordance with the provisions established for

  4         such purposes for the regulation of

  5         professions; amending ss. 468.401, 468.402,

  6         468.403, 468.404, 468.406, 468.407, 468.410,

  7         468.412, 468.413, 468.414, 468.415, F.S.;

  8         providing for registration of talent agencies

  9         in lieu of licensure; conforming provisions;

10         providing penalties; repealing ss. 468.405 and

11         468.408, F.S., relating to qualification for

12         talent agency license and bonding requirements;

13         amending s. 468.609, F.S.; authorizing direct

14         supervision by building code administrators by

15         telecommunications devices in certain

16         localities and under specified circumstances;

17         amending s. 468.627, F.S.; requiring the

18         payment of costs for certain building code

19         enforcement applicants who fail to appear for

20         scheduled examinations, subject to waiver in

21         case of hardship; amending s. 471.025, F.S.;

22         allowing for more than one type of seal to be

23         used by professional engineers; amending s.

24         472.003, F.S.; providing exemption from ch.

25         472, F.S., relating to land surveying and

26         mapping, for certain subordinate employees;

27         revising cross-references; amending s. 472.005,

28         F.S.; revising and providing definitions;

29         revising cross-references; amending s. 472.029,

30         F.S.; revising provisions relating to access to

31         lands of others for surveying or mapping


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                                          HB 1923, First Engrossed



  1         purposes; providing applicability to

  2         subordinates; requiring certain notice;

  3         amending s. 810.12, F.S.; revising provisions

  4         relating to trespass, to conform; amending ss.

  5         472.001, 472.011, 472.015, 472.021, 472.027,

  6         472.031, 472.037, F.S.; revising

  7         cross-references; amending s. 475.01, F.S.;

  8         clarifying that chapter 475 is applicable to

  9         brokers acting as trustees or fiduciaries;

10         amending s. 476.034, F.S.; redefining the term

11         "board"; amending s. 476.054, F.S.; creating

12         the Board of Barbering and Cosmetology;

13         providing certain compensation; requiring an

14         oath and providing for a certificate of

15         appointment; providing for officers, meetings,

16         and quorum; amending s. 476.064, F.S.;

17         conforming provisions; amending ss. 476.014,

18         476.074, 476.154, 476.194, 476.214, 476.234,

19         F.S.; revising references; amending s. 477.013,

20         F.S.; defining the term "board"; repealing s.

21         477.015, F.S., relating to the Board of

22         Cosmetology; abolishing the Barbers' Board and

23         the Board of Cosmetology; providing for

24         appointment of all members of the Board of

25         Barbering and Cosmetology to staggered terms;

26         providing savings clauses for rules and legal

27         actions; amending s. 477.019, F.S.; revising

28         requirements related to continuing education

29         providers and courses; eliminating a

30         requirement for refresher courses and

31         examinations for failure of cosmetology


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                                          HB 1923, First Engrossed



  1         licensees to comply with continuing education

  2         requirements; amending s. 477.026, F.S.;

  3         providing authority for registration renewal

  4         and delinquent fees for hair braiders, hair

  5         wrappers, and body wrappers; amending s.

  6         481.209, F.S.; revising requirements relating

  7         to education for licensure as an architect;

  8         amending s. 481.223, F.S.; providing for

  9         injunctive relief for certain violations

10         relating to architecture and interior design;

11         amending s. 489.107, F.S.; reducing the number

12         of members on the Construction Industry

13         Licensing Board; creating s. 489.1133, F.S.;

14         providing for temporary certificates and

15         registrations; amending s. 489.115, F.S.;

16         eliminating references to divisions of the

17         Construction Industry Licensing Board; amending

18         s. 489.118, F.S.; revising grandfathering

19         provisions for certification of registered

20         contractors to qualify persons holding certain

21         registered local specialty licenses; repealing

22         s. 489.507(6), F.S., to delete a duplicate

23         provision relating to appointment of committees

24         of the Construction Industry Licensing Board

25         and the Electrical Contractors' Licensing Board

26         for the purpose of meeting jointly twice each

27         year; requiring the Electrical Contractors'

28         Licensing Board to develop a plan to reduce its

29         annual operating budget by a specified amount

30         and submit such plan to the department by a

31         specified date; amending s. 489.511, F.S.;


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                                          HB 1923, First Engrossed



  1         revising provisions relating to licensure as an

  2         electrical or alarm system contractor by

  3         endorsement; amending s. 489.537, F.S.;

  4         revising the power of municipalities and

  5         counties with respect to regulating electrical

  6         journeymen; amending ss. 498.005, 498.019,

  7         498.049, F.S.; reassigning the regulation of

  8         land sales from the Division of Florida Land

  9         Sales, Condominiums, and Mobile Homes to the

10         Division of Real Estate; requiring all funds

11         collected by the department pursuant to the

12         regulation of land sales to be deposited in the

13         Professional Regulation Trust Fund; amending s.

14         190.009, F.S.; conforming terminology; amending

15         ss. 718.103, 718.105, 718.112, 718.1255,

16         718.501, 718.502, 718.504, 718.508, 718.509,

17         718.608, 719.103, 719.1255, 719.501, 719.502,

18         719.504, 719.508, 719.608, 721.05, 721.07,

19         721.08, 721.26, 721.28, 721.301, 721.50,

20         721.82, 721.84, 723.003, 723.006, 723.0065,

21         723.009, F.S.; renaming the Division of Florida

22         Land Sales, Condominiums, and Mobile Homes as

23         the Division of Condominiums, Timeshare, and

24         Mobile Homes; renaming the Division of Florida

25         Land Sales, Condominiums, and Mobile Homes

26         Trust Fund as the Division of Condominiums,

27         Timeshare, and Mobile Homes Trust Fund;

28         conforming provisions; revising language with

29         respect to condominium association bylaws;

30         revising language with respect to the annual

31         budget; providing for reserves under certain


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                                          HB 1923, First Engrossed



  1         circumstances; providing and limiting

  2         arbitration of disputes by the division to

  3         those regarding elections and the recall of

  4         board members; deleting reference to voluntary

  5         mediation; providing for the resolution of

  6         certain other complaints at the local level;

  7         providing exemptions; providing for expedited

  8         handling of election disputes; requiring the

  9         continuation of arbitration of cases filed by a

10         certain date; providing a contingent

11         appropriation; providing division enforcement

12         powers and duties; providing for injunction,

13         restitution, and civil penalties; providing

14         certain immunity; providing for use of certain

15         documents as evidence; providing for certain

16         notice; providing for intervention in suits;

17         locating the executive offices of the division

18         in Tallahassee; authorizing branch offices;

19         providing for adoption and use of a seal;

20         providing applicability to specified chapters

21         of the Florida Statutes; amending s. 721.82,

22         F.S.; redefining the term "registered agent";

23         amending s. 721.84, F.S.; providing for

24         appointment of a successor registered agent;

25         amending ss. 73.073, 192.037, 213.053, 215.20,

26         380.0651, 455.116, 475.455, 509.512, 559.935,

27         F.S.; conforming terminology; amending s.

28         468.452, F.S.; revising definitions; amending

29         s. 468.453, F.S.; revising licensure

30         requirements; providing for service of process

31         on nonresident agents; providing for temporary


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                                          HB 1923, First Engrossed



  1         licenses; deleting a bond requirement;

  2         providing for reciprocity; amending s. 468.454,

  3         F.S.; revising contract requirements; providing

  4         for cancellation of contracts; amending s.

  5         468.456, F.S.; providing for increased

  6         administrative fines; amending s. 468.45615,

  7         F.S.; providing additional criminal penalties

  8         for certain acts; amending s. 468.4562, F.S.;

  9         revising provisions relating to civil remedies

10         available to colleges and universities for

11         violations of athlete agent regulations;

12         amending s. 468.4565, F.S.; revising business

13         record requirements; repealing s. 468.4563,

14         F.S., relating to authority to require

15         continuing education by athlete agents;

16         repealing s. 468.4564, relating to license

17         display requirements; amending s. 702.09, F.S.;

18         revising the definitions of the terms

19         "mortgage" and "foreclosure proceedings";

20         amending s. 718.104, F.S., revising language

21         with respect to declarations for the creation

22         of a condominium; amending s. 718.106, F.S.;

23         revising language with respect to appurtenances

24         that pass with a condominium unit; amending s.

25         718.110, F.S.; revising language with respect

26         to amendments to a declaration of condominium;

27         amending s. 718.111, F.S.; revising language

28         with respect to the association; amending s.

29         718.112, F.S.; revising language with respect

30         to bylaws; amending s. 718.113, F.S.; revising

31         language with respect to material alterations


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                                          HB 1923, First Engrossed



  1         of common elements or association real property

  2         operated by a multicondominium association;

  3         amending s. 718.115, F.S.; revising language

  4         with respect to common expenses; amending s.

  5         718.405, F.S.; revising language with respect

  6         to multicondominiums and multicondominium

  7         associations; amending s. 718.503, F.S.,

  8         relating to disclosure requirements for the

  9         sale of certain condominiums; removing the

10         requirement that question and answer sheets be

11         part of the closing documents; amending s.

12         718.504, F.S.; revising language with respect

13         to the prospectus or offering circular;

14         providing effective dates.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Subsection (7) is repealed and paragraph

19  (d) of subsection (2), paragraph (a) of subsection (4), and

20  subsection (6) of section 20.165, Florida Statutes, are

21  amended to read:

22         20.165  Department of Business and Professional

23  Regulation.--There is created a Department of Business and

24  Professional Regulation.

25         (2)  The following divisions of the Department of

26  Business and Professional Regulation are established:

27         (d)  Division of Florida Land Sales, Condominiums,

28  Timeshare, and Mobile Homes.

29         (4)(a)  The following boards are established within the

30  Division of Professions:

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                                          HB 1923, First Engrossed



  1         1.  Board of Architecture and Interior Design, created

  2  under part I of chapter 481.

  3         2.  Florida Board of Auctioneers, created under part VI

  4  of chapter 468.

  5         3.  Barbers' Board of Barbering and Cosmetology,

  6  created under chapter 476.

  7         4.  Florida Building Code Administrators and Inspectors

  8  Board, created under part XII of chapter 468.

  9         5.  Construction Industry Licensing Board, created

10  under part I of chapter 489.

11         6.  Board of Cosmetology, created under chapter 477.

12         6.7.  Electrical Contractors' Licensing Board, created

13  under part II of chapter 489.

14         7.8.  Board of Employee Leasing Companies, created

15  under part XI of chapter 468.

16         8.9.  Board of Funeral Directors and Embalmers, created

17  under chapter 470.

18         9.10.  Board of Landscape Architecture, created under

19  part II of chapter 481.

20         10.11.  Board of Pilot Commissioners, created under

21  chapter 310.

22         11.12.  Board of Professional Engineers, created under

23  chapter 471.

24         12.13.  Board of Professional Geologists, created under

25  chapter 492.

26         13.14.  Board of Professional Surveyors and Mappers,

27  created under chapter 472.

28         14.15.  Board of Veterinary Medicine, created under

29  chapter 474.

30         (6)  Each board with five or more than seven members

31  shall have at least two consumer members who are not, and have


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                                          HB 1923, First Engrossed



  1  never been, members or practitioners of the profession

  2  regulated by such board or of any closely related profession.

  3  Each board with seven or fewer than five members shall have at

  4  least one consumer member who is not, and has never been, a

  5  member or practitioner of the profession regulated by such

  6  board or of any closely related profession.

  7         (7)  No board, with the exception of joint

  8  coordinatorships, shall be transferred from its present

  9  location unless authorized by the Legislature in the General

10  Appropriations Act.

11         Section 2.  Section 326.001, Florida Statutes, is

12  amended to read:

13         326.001  Short title.--This chapter Sections

14  326.001-326.006 may be cited as the "Yacht and Ship Brokers'

15  Act."

16         Section 3.  Section 326.002, Florida Statutes, is

17  amended to read:

18         326.002  Definitions.--As used in this chapter ss.

19  326.001-326.006, the term:

20         (1)  "Broker" means a person who, for or in expectation

21  of compensation: sells, offers, or negotiates to sell; buys,

22  offers, or negotiates to buy; solicits or obtains listings of;

23  or negotiates the purchase, sale, or exchange of, yachts for

24  other persons.

25         (2)  "Department" "Division" means the Division of

26  Florida Land Sales, Condominiums, and Mobile Homes of the

27  Department of Business and Professional Regulation.

28         (3)  "Salesperson" means a person who, for or in

29  expectation of compensation, is employed by a broker to

30  perform any acts of a broker.

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                                          HB 1923, First Engrossed



  1         (4)  "Yacht" means any vessel which is propelled by

  2  sail or machinery in the water which exceeds 32 feet in

  3  length, and which weighs less than 300 gross tons.

  4         (5)  "Person" means an individual, partnership, firm,

  5  corporation, association, or other entity.

  6         Section 4.  Section 326.003, Florida Statutes, is

  7  amended to read:

  8         326.003  Administration.--The department division

  9  shall:

10         (1)  Administer ss. 326.001-326.006 and collect fees

11  sufficient to administer this chapter ss. 326.001-326.006.

12         (2)  Adopt rules pursuant to ss. 120.536(1) and 120.54

13  necessary to administer this chapter implement ss.

14  326.001-326.006 and to classify brokers and salespersons and

15  regulate their activities.

16         (3)  Enforce the provisions of this chapter ss.

17  326.001-326.006 against any person who operates as a broker or

18  salesperson without a license.

19         Section 5.  Section 326.004, Florida Statutes, is

20  amended to read:

21         326.004  Licensing.--

22         (1)  A person may not act as a broker or salesperson

23  unless licensed under the Yacht and Ship Brokers' Act.  The

24  department division shall adopt rules establishing a procedure

25  for the biennial renewal of licenses.

26         (2)  A broker may not engage in business as a broker

27  under a fictitious name unless his or her license is issued in

28  such name.

29         (3)  A license is not required for:

30         (a)  A person who sells his or her own yacht.

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                                          HB 1923, First Engrossed



  1         (b)  An attorney at law for services rendered in his or

  2  her professional capacity.

  3         (c)  A receiver, trustee, or other person acting under

  4  a court order.

  5         (d)  A transaction involving the sale of a new yacht.

  6         (e)  A transaction involving the foreclosure of a

  7  security interest in a yacht.

  8         (4)  Any person who purchases a used yacht for resale

  9  must transfer title to such yacht into his or her name and

10  maintain the title or bill of sale in his or her possession to

11  be exempt from licensure.

12         (5)  The department division by rule shall establish

13  fees for application, initial licensing, biennial renewal, and

14  reinstatement of licenses in an amount not to exceed $500.

15  The fees must be set in an amount that is adequate to

16  proportionately fund the expenses of the department division

17  in this chapter ss. 326.001-326.006.

18         (6)  The department division may deny a license or

19  license renewal to any applicant who does not:

20         (a)  Furnish proof satisfactory to the department

21  division that he or she is of good moral character.

22         (b)  Certify that he or she has never been convicted of

23  a felony.

24         (c)  Post the bond required by the Yacht and Ship

25  Brokers' Act.

26         (d)  Demonstrate that he or she is a resident of this

27  state or that he or she conducts business in this state.

28         (e)  Furnish a full set of fingerprints taken within

29  the 6 months immediately preceding the submission of the

30  application.

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                                          HB 1923, First Engrossed



  1         (f)  Have a current license and has operated as a

  2  broker or salesperson without a license.

  3         (7)(a)  Before any license may be issued to a yacht or

  4  ship broker, he or she must deliver to the department division

  5  a good and sufficient surety bond or irrevocable letter of

  6  credit, executed by the broker as principal, in the sum of

  7  $25,000.

  8         (b)  Surety bonds and irrevocable letters of credit

  9  must be in a form to be approved by the department division

10  and must be conditioned upon the broker complying with the

11  terms of any written contract made by such broker in

12  connection with the sale or exchange of any yacht or ship and

13  not violating any of the provisions of the Yacht and Ship

14  Brokers' Act in the conduct of the business for which he or

15  she is licensed.  The bonds and letters of credit must be

16  delivered to the department division and in favor of any

17  person in a transaction who suffers any loss as a result of

18  any violation of the conditions in this chapter ss.

19  326.001-326.006.  When the department division determines that

20  a person has incurred a loss as a result of a violation of the

21  Yacht and Ship Brokers' Act, it shall notify the person in

22  writing of the existence of the bond or letter of credit. The

23  bonds and letters of credit must cover the license period, and

24  a new bond or letter of credit or a proper continuation

25  certificate must be delivered to the department division at

26  the beginning of each license period.  However, the aggregate

27  liability of the surety in any one year may not exceed the sum

28  of the bond or, in the case of a letter of credit, the

29  aggregate liability of the issuing bank may not exceed the sum

30  of the credit.

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                                          HB 1923, First Engrossed



  1         (c)  Surety bonds must be executed by a surety company

  2  authorized to do business in the state as surety, and

  3  irrevocable letters of credit must be issued by a bank

  4  authorized to do business in the state as a bank.

  5         (d)  Irrevocable letters of credit must be engaged by a

  6  bank as an agreement to honor demands for payment as specified

  7  in this section.

  8

  9  The security for a broker must remain on deposit for a period

10  of 1 year after he or she ceases to be a broker.

11         (8)  A person may not be licensed as a broker unless he

12  or she has been a salesperson for at least 2 consecutive

13  years, and may not be licensed as a broker after October 1,

14  1990, unless he or she has been licensed as a salesperson for

15  at least 2 consecutive years.

16         (9)  An applicant for a salesperson's license or its

17  renewal must deposit with the department division a bond or

18  equivalent securities in the sum of $10,000 subject to the

19  conditions in subsection (7).

20         (10)  Upon a final judgment being rendered against a

21  yacht broker or salesperson for a violation of this chapter

22  ss. 326.001-326.006 which results in any action being

23  commenced on the bond or letter of credit, the department

24  division may require the filing of a new bond or letter of

25  credit and immediately on the recovery in any action on such

26  bond or letter of credit, the broker or salesperson involved

27  must file a new bond or letter of credit.  His or her failure

28  to do so within 10 days constitutes grounds for the suspension

29  or revocation of his or her license.

30         (11)  Any person injured by the fraud, deceit, or

31  willful negligence of any broker or salesperson or by the


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                                          HB 1923, First Engrossed



  1  failure of any broker or salesperson to comply with the Yacht

  2  and Ship Brokers' Act or other law may file an action for

  3  damages upon the respective bonds against the principals and

  4  the surety.

  5         (12)  If a surety notifies the department division that

  6  it is no longer the surety for a licensee, the department

  7  division shall notify the licensee of such withdrawal by

  8  certified mail, return receipt requested, addressed to the

  9  licensee's principal office.  Upon the termination of such

10  surety the licensee's license is automatically suspended until

11  he or she files a new bond with the department division.

12         (13)  Each broker must maintain a principal place of

13  business in this state and may establish branch offices in the

14  state.  A separate license must be maintained for each branch

15  office.  The department division shall establish by rule a fee

16  not to exceed $100 for each branch office license.

17         (14)(a)  Each license must be prominently displayed in

18  the office of the broker.

19         (b)  Each salesperson's license must remain in the

20  possession of the employing broker until canceled or until the

21  salesperson leaves such employment. Immediately upon a

22  salesperson's withdrawal from the employment of a broker, the

23  broker must return the salesperson's license to the department

24  division for cancellation.

25         (15)  The department division shall provide by rule for

26  the issuance of a temporary 90-day license to an applicant

27  while the Florida Department of Law Enforcement and the

28  Federal Bureau of Investigation conduct conducts a national

29  criminal history analysis of the applicant by means of

30  fingerprint identification.

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                                          HB 1923, First Engrossed



  1         Section 6.  Section 326.006, Florida Statutes, is

  2  amended to read:

  3         326.006  Powers and duties of department division.--

  4         (1)  Proceedings under the Yacht and Ship Brokers' Act

  5  shall be conducted pursuant to chapter 120.

  6         (2)  The department may division has the power to

  7  enforce and ensure compliance with the provisions of this

  8  chapter and rules adopted under this chapter relating to the

  9  sale and ownership of yachts and ships.  In performing its

10  duties, the department division has the following powers and

11  duties:

12         (a)  The department division may make necessary public

13  or private investigations within or outside this state to

14  determine whether any person has violated this chapter or any

15  rule or order issued under this chapter, to aid in the

16  enforcement of this chapter, or to aid in the adoption of

17  rules or forms under this chapter.

18         (b)  The department division may require or permit any

19  person to file a statement in writing, under oath or

20  otherwise, as the department division determines, as to the

21  facts and circumstances concerning a matter to be

22  investigated.

23         (c)  For the purpose of any investigation under this

24  chapter, the secretary of the department division director or

25  any officer or employee designated by the secretary division

26  director may administer oaths or affirmations, subpoena

27  witnesses and compel their attendance, take evidence, and

28  require the production of any matter that is relevant to the

29  investigation, including the existence, description, nature,

30  custody, condition, and location of any books, documents, or

31  other tangible things and the identity and location of persons


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                                          HB 1923, First Engrossed



  1  having knowledge of relevant facts or any other matter

  2  reasonably calculated to lead to the discovery of material

  3  evidence.  Upon the failure by a person to obey a subpoena or

  4  to answer questions propounded by the department investigating

  5  officer and upon reasonable notice to all persons affected

  6  thereby, the department division may apply to the circuit

  7  court for an order compelling compliance, may impose a civil

  8  penalty, and may suspend or revoke the licensee's license.

  9         (d)  Notwithstanding any remedies available to a yacht

10  or ship purchaser, if the department division has reasonable

11  cause to believe that a violation of any provision of this

12  chapter or rule adopted under this chapter has occurred, the

13  department division may institute enforcement proceedings in

14  its own name against any broker or salesperson or any of his

15  or her assignees or agents, or against any unlicensed person

16  or any of his or her assignees or agents, as follows:

17         1.  The department division may permit a person whose

18  conduct or actions are under investigation to waive formal

19  proceedings and enter into a consent proceeding whereby

20  orders, rules, or letters of censure or warning, whether

21  formal or informal, may be entered against the person.

22         2.  The department division may issue an order

23  requiring the broker or salesperson or any of his or her

24  assignees or agents, or requiring any unlicensed person or any

25  of his or her assignees or agents, to cease and desist from

26  the unlawful practice and take such affirmative action as in

27  the judgment of the department division will carry out the

28  purposes of this chapter.

29         3.  The department division may bring an action in

30  circuit court on behalf of a class of yacht or ship purchasers

31  for declaratory relief, injunctive relief, or restitution.


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                                          HB 1923, First Engrossed



  1         4.  The department division may impose a civil penalty

  2  against a broker or salesperson or any of his or her assignees

  3  or agents, or against an unlicensed person or any of his or

  4  her assignees or agents, for any violation of this chapter or

  5  a rule adopted under this chapter.  A penalty may be imposed

  6  for each day of continuing violation, but in no event may the

  7  penalty for any offense exceed $10,000.  All amounts collected

  8  must be deposited with the Treasurer to the credit of the

  9  Professional Regulation Division of Florida Land Sales,

10  Condominiums, and Mobile Homes Trust Fund.  If a broker,

11  salesperson, or unlicensed person working for a broker, fails

12  to pay the civil penalty, the department division shall

13  thereupon issue an order suspending the broker's license until

14  such time as the civil penalty is paid or may pursue

15  enforcement of the penalty in a court of competent

16  jurisdiction. The order imposing the civil penalty or the

17  order of suspension may not become effective until 20 days

18  after the date of such order. Any action commenced by the

19  department division must be brought in the county in which the

20  department division has its executive offices or in the county

21  where the violation occurred.

22         (e)  The department division may suspend or revoke the

23  license of a broker or salesperson who:

24         1.  Makes a substantial and intentional

25  misrepresentation, with respect to a transaction involving a

26  yacht, upon which any person has relied.

27         2.  Makes a false warranty, with respect to a

28  transaction involving a yacht, of a character likely to

29  influence, persuade, or induce any person with whom business

30  is transacted.

31


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                                          HB 1923, First Engrossed



  1         3.  Engages in continued misrepresentation or makes

  2  false warranties with respect to transactions involving a

  3  yacht, whether or not relied upon by another person.

  4         4.  Acts for both the buyer and seller in a transaction

  5  involving a yacht without the knowledge and written consent of

  6  both parties.

  7         5.  Commingles the money or other property of his or

  8  her principal with his or her own.

  9         6.  Commits fraud or dishonest acts in the conduct of

10  any transaction involving a yacht.

11         7.  Allows an unlicensed person to use his or her name

12  to evade the provisions of the Yacht and Ship Brokers' Act.

13         8.  Violates any law governing the transactions

14  involving a yacht, including any provision relating to the

15  collection  or payment of sales or use taxes.

16         9.  Engages in acts that are evidence of a lack of good

17  moral character.

18         10.  Is convicted of a felony.

19         (f)  The department division may suspend or revoke the

20  license of a broker or salesperson who has:

21         1.  Procured a license for himself or herself or

22  another by fraud, misrepresentation, falsification, or deceit.

23         2.  Been found guilty of a felony or a crime of moral

24  turpitude.

25         3.  Had a license or registration revoked, suspended,

26  or sanctioned in another state.

27         (3)  All fees must be deposited in the Professional

28  Regulation Division of Florida Land Sales, Condominiums, and

29  Mobile Homes Trust Fund as provided by law.

30         Section 7.  The regulation of yacht and ship brokers

31  and salespersons is reassigned within the Department of


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                                          HB 1923, First Engrossed



  1  Business and Professional Regulation from the Division of

  2  Florida Land Sales, Condominiums, and Mobile Homes to the

  3  Division of Professions. All funds collected by the department

  4  pursuant to the regulation of yacht and ship brokers and

  5  salespersons and all funds in the account created within the

  6  Florida Land Sales, Condominiums, and Mobile Homes Trust Fund

  7  for such regulation shall be deposited in an account created

  8  within the Professional Regulation Trust Fund for the same

  9  purpose.

10         Section 8.  Effective upon this act becoming a law,

11  section 399.061, Florida Statutes, is amended to read:

12         399.061  Inspections; correction of deficiencies.--

13         (1)(a)  All elevators or other conveyances subject to

14  this chapter must be annually inspected by a certified

15  elevator inspector through a third-party inspection service,

16  or by a municipality or county under contract with the

17  division pursuant to s. 399.13.  If the elevator or other

18  conveyance is by a third-party inspection service certified as

19  a qualified elevator inspector or maintained pursuant to a

20  service maintenance contract continuously in force, it shall

21  be inspected at least once every two years by a certified

22  elevator inspector not employed by or otherwise associated

23  with the maintenance company; however, if the elevator is not

24  an escalator or a dumbwaiter and the elevator serves only two

25  adjacent floors and is covered by a service maintenance

26  contract, no inspection shall be required so long as the

27  service contract remains in effect.  A statement verifying the

28  existence, performance, and cancellation of each service

29  maintenance contract must be filed annually with the division

30  as prescribed by rule. All elevators covered by a service

31  maintenance contract shall be inspected by a


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                                          HB 1923, First Engrossed



  1  certificate-of-competency holder at least once every 2 years;

  2  however, if the elevator is not an escalator or a dumbwaiter

  3  and the elevator serves only two adjacent floors and is

  4  covered by a service maintenance contract, no inspection shall

  5  be required so long as the service contract remains in effect.

  6         (b)  The division may inspect an elevator whenever

  7  necessary to ensure its safe operation or when a third-party

  8  inspection service is not available for routine inspection.

  9         (2)  The division may shall employ state elevator

10  inspectors to conduct the inspections as required by

11  subsection (1) and may charge an inspection fee for each

12  inspection sufficient to cover the costs of that inspection,

13  as provided by rule. Each state elevator inspector shall hold

14  a certificate of competency issued by the division.

15         (3)  Whenever the division determines from the results

16  of any inspection that, in the interest of the public safety,

17  an elevator is in an unsafe condition, the division may seal

18  the elevator or order the discontinuance of the use of the

19  elevator until the division determines by inspection that such

20  elevator has been satisfactorily repaired or replaced so that

21  the elevator may be operated in a safe manner.

22         (4)  When the division determines that an elevator is

23  in violation of this chapter, the division may issue an order

24  to the elevator owner requiring correction of the violation.

25         Section 9.  Effective July 1, 2001, subsection (1) of

26  section 455.213, Florida Statutes, is amended, and subsections

27  (11) and (12) are added to that section, to read:

28         455.213  General licensing provisions.--

29         (1)  Any person desiring to be licensed shall apply to

30  the department in writing. The application for licensure shall

31  be made on a form prepared and furnished by the department and


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                                          HB 1923, First Engrossed



  1  include the applicant's social security number.

  2  Notwithstanding any other provision of law, the department is

  3  the sole authority for determining the content of any

  4  documents to be submitted for initial licensure and licensure

  5  renewal.  Such documents may contain information including, as

  6  appropriate demographics, education, work history, personal

  7  background, criminal history, finances, business information,

  8  complaints, inspections, investigations, discipline, bonding,

  9  signature notarization, photographs, performance periods,

10  reciprocity, local government approvals, supporting

11  documentation, periodic reporting requirements, fingerprint

12  requirements, continuing education requirements, and ongoing

13  education monitoring. The application shall be supplemented as

14  needed to reflect any material change in any circumstance or

15  condition stated in the application which takes place between

16  the initial filing of the application and the final grant or

17  denial of the license and which might affect the decision of

18  the department. In order to further the economic development

19  goals of the state, and notwithstanding any law to the

20  contrary, the department may enter into an agreement with the

21  county tax collector for the purpose of appointing the county

22  tax collector as the department's agent to accept applications

23  for licenses and applications for renewals of licenses. The

24  agreement must specify the time within which the tax collector

25  must forward any applications and accompanying application

26  fees to the department. In cases where a person applies or

27  schedules directly with a national examination organization or

28  examination vendor to take an examination required for

29  licensure, any organization- or vendor-related fees associated

30  with the examination may be paid directly to the organization

31  or vendor.


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                                          HB 1923, First Engrossed



  1         (11)  Any submission required to be in writing may be

  2  made by electronic means.

  3         (12)  The department may not issue or renew a license

  4  to any person who is not in compliance with all provisions of

  5  a final order of a board or the department until that person

  6  is in compliance with all terms and conditions of the final

  7  order.  The department may not issue or renew a license to any

  8  person who is not in compliance with all legal obligations

  9  under this chapter or the relevant practice act, including,

10  but not limited to, the obligation to pay all fees and

11  assessments that are owed and to complete all continuing

12  education requirements. This subsection applies to all

13  divisions within the department.

14         Section 10.  Section 455.224, Florida Statutes, is

15  amended to read:

16         455.224  Authority to issue citations.--

17         (1)  Notwithstanding s. 455.225, the board or the

18  department shall adopt rules to permit the issuance of

19  citations. The citation shall be issued to the subject and

20  shall contain the subject's name and address, the subject's

21  license number if applicable, a brief factual statement, the

22  sections of the law allegedly violated, and the penalty

23  imposed. The citation must clearly state that the subject may

24  choose, in lieu of accepting the citation, to follow the

25  procedure under s. 455.225. If the subject disputes the matter

26  in the citation, the procedures set forth in s. 455.225 must

27  be followed. However, if the subject does not dispute the

28  matter in the citation with the department within 30 days

29  after the citation is served, the citation becomes a final

30  order and constitutes discipline. The penalty shall be a fine

31  or other conditions as established by rule.


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                                          HB 1923, First Engrossed



  1         (2)  The board, or the department when there is no

  2  board, shall adopt rules designating violations for which a

  3  citation may be issued.  Such rules shall designate as

  4  citation violations those violations for which there is no

  5  substantial threat to the public health, safety, and welfare.

  6         (3)  The department shall be entitled to recover the

  7  costs of investigation, in addition to any penalty provided

  8  according to board or department rule, as part of the penalty

  9  levied pursuant to the citation.

10         (4)  A citation must be issued within 6 months after

11  the filing of the complaint that is the basis for the

12  citation.

13         (5)  Service of a citation may be made by personal

14  service or certified mail, restricted delivery, to the subject

15  at the subject's last known address.

16         (6)  Within its jurisdiction, the department has

17  exclusive authority to, and shall adopt rules to, designate

18  those violations for which the licensee is subject to the

19  issuance of a citation and designate the penalties for those

20  violations if any board fails to incorporate this section into

21  rules by January 1, 1992. A board created on or after January

22  1, 1992, has 6 months in which to enact rules designating

23  violations and penalties appropriate for citation offenses.

24  Failure to enact such rules gives the department exclusive

25  authority to adopt rules as required for implementing this

26  section. A board has continuous authority to amend its rules

27  adopted pursuant to this section.

28         (7)  Notwithstanding s. 455.017, any division within

29  the department may establish a citation program pursuant to

30  the provisions of this section in the enforcement of its

31  regulatory provisions. Any citation issued by a division


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                                          HB 1923, First Engrossed



  1  pursuant to this section must clearly state that the subject

  2  may choose, in lieu of accepting the citation, to follow the

  3  existing procedures established by law. If the subject does

  4  not dispute the matter in the citation with the division

  5  within 30 days after the citation is served, the citation

  6  becomes a final order and constitutes discipline. The penalty

  7  shall be a fine or other conditions as established by rule of

  8  the appropriate division.

  9         Section 11.  Subsections (10) and (11) of section

10  468.401, Florida Statutes, are amended to read:

11         468.401  Regulation of talent agencies;

12  definitions.--As used in this part or any rule adopted

13  pursuant hereto:

14         (10)  "Registration" "License" means a registration

15  license issued by the department of Business and Professional

16  Regulation to carry on the business of a talent agency under

17  this part.

18         (11)  "Registrant" "Licensee" means a talent agency

19  that which holds a valid unrevoked and unforfeited

20  registration license issued under this part.

21         Section 12.  Section 468.402, Florida Statutes, is

22  amended to read:

23         468.402  Operation of a talent agency Duties of the

24  department; authority to issue and revoke license; adoption of

25  rules.--

26         (1)  It is unlawful to have The department may take any

27  one or more of the actions specified in subsection (5) against

28  any person who has:

29         (a)  Obtained or attempted to obtain a registration any

30  license by means of fraud, misrepresentation, or concealment.

31


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                                          HB 1923, First Engrossed



  1         (b)  Violated any provision of this part, chapter 455,

  2  any lawful disciplinary order of the department, or any rule

  3  of the department.

  4         (c)  Been found guilty of, or entered a plea of nolo

  5  contendere to, regardless of adjudication, a crime involving

  6  moral turpitude or dishonest dealings under the laws of this

  7  state or any other state or government.

  8         (d)  Made, printed, published, distributed, or caused,

  9  authorized, or knowingly permitted the making, printing,

10  publication, or distribution of any false statement,

11  description, or promise of such a character as to reasonably

12  induce any person to act to his or her damage or injury, if

13  such statement, description, or promises were purported to be

14  performed by the talent agency and if the owner or operator

15  then knew, or by the exercise of reasonable care and inquiry,

16  could have known, of the falsity of the statement,

17  description, or promise.

18         (e)  Knowingly committed or been a party to any

19  material fraud, misrepresentation, concealment, conspiracy,

20  collusion, trick, scheme, or device whereby any other person

21  lawfully relying upon the work, representation, or conduct of

22  the talent agency acts or has acted to his or her injury or

23  damage.

24         (f)  Failed or refused upon demand to disclose any

25  information, as required by this part, within his or her

26  knowledge, or failed or refused to produce any document, book,

27  or record in his or her possession for inspection as required

28  by to the department or any authorized agent thereof acting

29  within its jurisdiction or by authority of law.

30

31


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                                          HB 1923, First Engrossed



  1         (g)  Established the talent agency within any place

  2  where intoxicating liquors are sold, any place where gambling

  3  is permitted, or any house of prostitution.

  4         (h)  Charged, collected, or received compensation for

  5  any service performed by the talent agency greater than

  6  specified in its schedule of maximum fees, charges, and

  7  commissions previously filed with the department.

  8         (i)  Had a license or registration to operate a talent

  9  agency revoked, suspended, or otherwise acted against,

10  including, but not limited to, having been denied a license or

11  registration for good cause by the licensing authority of

12  another state, territory, or country.

13         (j)  Willfully made or filed a report or record that

14  the registrant licensee knew to be false, failed to file a

15  report or record required by state or federal law, impeded or

16  obstructed such filing, or induced another person to impede or

17  obstruct such filing. Such reports or records shall include

18  only those that are signed in the registrant's licensee's

19  capacity as a registered licensed talent agency.

20         (k)  Advertised goods or services in a manner that was

21  fraudulent, false, deceptive, or misleading in form or

22  content.

23         (l)  Advertised, operated, or attempted to operate

24  under a name other than the name appearing on the registration

25  license.

26         (m)  Been found guilty of fraud or deceit in the

27  operation of a talent agency.

28         (n)  Operated with a revoked, suspended, inactive, or

29  delinquent registration license.

30

31


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                                          HB 1923, First Engrossed



  1         (o)  Permitted, aided, assisted, procured, or advised

  2  any unlicensed person to operate a talent agency contrary to

  3  this part or other law to a rule of the department.

  4         (p)  Failed to perform any statutory or legal

  5  obligation placed on a licensed talent agency.

  6         (q)  Practiced or offered to practice beyond the scope

  7  permitted by law or has accepted and performed professional

  8  responsibilities that the registrant licensee knows or has

  9  reason to know that he or she is not competent to perform.

10         (r)  Conspired with another licensee or with any other

11  person to commit an act, or has committed an act, that would

12  tend to coerce, intimidate, or preclude another registrant

13  licensee from advertising his or her services.

14         (s)  Solicited business, either personally or through

15  an agent or through any other person, through the use of fraud

16  or deception or by other means; through the use of misleading

17  statements; or through the exercise of intimidation or undue

18  influence.

19         (t)  Exercised undue influence on the artist in such a

20  manner as to exploit the artist for financial gain of the

21  registrant licensee or a third party, which includes, but is

22  not limited to, the promoting or selling of services to the

23  artist.

24         (2)  The department may revoke any license that is

25  issued as a result of the mistake or inadvertence of the

26  department.

27         (2)(3)  The department may has authority to adopt rules

28  pursuant to ss. 120.536(1) and 120.54 necessary to administer

29  implement the provisions of this part.

30

31


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                                          HB 1923, First Engrossed



  1         (3)(4)  A revoked or suspended registration license

  2  must be returned to the department within 7 days after the

  3  time for appeal has elapsed.

  4         (4)(5)  Upon a finding of a violation of any one or

  5  more of the grounds enumerated in subsection (1) or any other

  6  section of this part, the department may take the following

  7  actions:

  8         (a)  Deny an application for registration licensure as

  9  a talent agency.

10         (b)  Permanently Revoke or suspend the registration

11  license of a talent agency.

12         (c)  Impose an administrative fine, not to exceed

13  $5,000, for each count or separate offense.

14         (d)  Require restitution.

15         (e)  Issue a public reprimand.

16         (f)  Place the licensee on probation, subject to such

17  conditions as the department may specify.

18         (6)  A person shall be subject to the disciplinary

19  actions specified in subsection (5) for violations of

20  subsection (1) by that person's agents or employees in the

21  course of their employment with that person.

22         (5)(7)  The department may deny a registration license

23  if any owner or operator listed on the application has been

24  associated with a talent agency whose registration license has

25  been revoked or otherwise disciplined.

26         Section 13.  Section 468.403, Florida Statutes, is

27  amended to read:

28         468.403  Registration License requirements.--

29         (1)  A person may not own, operate, solicit business,

30  or otherwise engage in or carry on the occupation of a talent

31  agency in this state unless such person first registers with


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                                          HB 1923, First Engrossed



  1  procures a license for the talent agency from the department.

  2  However, a registration license is not required for a person

  3  who acts as an agent for herself or himself, a family member,

  4  or exclusively for one artist.

  5         (2)  Each application for a registration license must

  6  be accompanied by an application fee set by the department not

  7  to exceed $300, plus the actual cost for fingerprint analysis

  8  for each owner application, to cover the costs of

  9  investigating the applicant. Each application for a change of

10  operator must be accompanied by an application fee of $150.

11  These fees are not refundable.

12         (3)(a)  Each owner of a talent agency if other than a

13  corporation and each operator of a talent agency shall submit

14  to the department with the application for licensure of the

15  agency a full set of fingerprints and a photograph of herself

16  or himself taken within the preceding 2 years.  The department

17  shall conduct an examination of fingerprint records and police

18  records.

19         (b)  Each owner of a talent agency that is a

20  corporation shall submit to the department, with the

21  application for licensure of the agency, a full set of

22  fingerprints of the principal officer signing the application

23  form and the bond form, and a full set of fingerprints of each

24  operator, and a photograph of each taken within the preceding

25  2 years.  The department shall conduct an examination of

26  fingerprint records and police records.

27         (3)(4)  Each application must include:

28         (a)  The name and address of the owner of the talent

29  agency.

30         (b)  Proof of at least 1 year of direct experience or

31  similar experience of the operator of such agency in the


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                                          HB 1923, First Engrossed



  1  talent agency business or as a subagent, casting director,

  2  producer, director, advertising agency, talent coordinator, or

  3  musical booking agent.

  4         (b)(c)  The street and number of the building or place

  5  where the talent agency is to be located.

  6         (5)  The department shall investigate the owner of an

  7  applicant talent agency only to determine her or his ability

  8  to comply with this part and shall investigate the operator of

  9  an applicant talent agency to determine her or his employment

10  experience and qualifications.

11         (4)(6)  If the applicant is other than a corporation,

12  the application shall also include the names and addresses of

13  all persons, except bona fide employees on stated salaries,

14  financially interested, either as partners, associates, or

15  profit sharers, in the operation of the talent agency in

16  question, together with the amount of their respective

17  interest.

18         (5)(7)  If the applicant is a corporation, the

19  application shall include the corporate name and the names,

20  residential addresses, and telephone numbers of all persons

21  actively participating in the business of the corporation and

22  shall include the names of all persons exercising managing

23  responsibility in the applicant's or registrant's licensee's

24  office.

25         (8)  The application must be accompanied by affidavits

26  of at least five reputable persons, other than artists, who

27  have known or have been associated with the applicant for at

28  least 3 years, stating that the applicant is a person of good

29  moral character or, in the case of a corporation, has a

30  reputation for fair dealing.

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                                          HB 1923, First Engrossed



  1         (6)(9)  If any information in the application supplied

  2  to the department by the applicant or registrant licensee

  3  changes in any manner whatsoever, the applicant or registrant

  4  licensee shall submit such changes to the department within 30

  5  days after the date of such change or after the date such

  6  change is known or should have been known to the applicant or

  7  registrant licensee.

  8         Section 14.  Section 468.404, Florida Statutes, is

  9  amended to read:

10         468.404  Registration License; fees; renewals.--

11         (1)  The department by rule shall establish biennial

12  fees for initial registration licensing, renewal of

13  registration license, and reinstatement of registration

14  license, none of which fees shall exceed $400. The department

15  may by rule establish a delinquency fee of no more than $50.

16  The fees shall be adequate to proportionately fund the

17  expenses of the department which are allocated to the

18  registering regulation of talent agencies and shall be based

19  on the department's estimate of the revenue required to

20  administer this part.

21         (2)  If one or more individuals on the basis of whose

22  qualifications a talent agency registration license has been

23  obtained cease to be connected with the agency for any reason,

24  the agency business may be carried on for a temporary period,

25  not to exceed 90 days, under such terms and conditions as the

26  department provides by rule for the orderly closing of the

27  business or the replacement and qualifying of a new owner or

28  operator. The registrant's licensee's good standing under this

29  part shall be contingent upon the department's approval of any

30  such new owner or operator.

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                                          HB 1923, First Engrossed



  1         (3)  No registration license shall be valid to protect

  2  any business transacted under any name other than that

  3  designated on in the registration license, unless consent is

  4  first obtained from the department, unless written consent of

  5  the surety or sureties on the original bond required by s.

  6  468.408 is filed with the department, and unless the

  7  registration license is returned to the department for the

  8  recording thereon of such changes. A charge of $25 shall be

  9  made by the department for the recording of authorization for

10  each change of name or change of location.

11         (4)  No registration license issued under this part

12  shall be assignable.

13         Section 15.  Section 468.406, Florida Statutes, is

14  amended to read:

15         468.406  Fees to be charged by talent agencies; rates;

16  display.--

17         (1)  Each talent agency applicant for a license shall

18  maintain and provide to its artists or potential clients file

19  with the application an itemized schedule of maximum fees,

20  charges, and commissions which it intends to charge and

21  collect for its services. This schedule may thereafter be

22  raised only by notifying its artists filing with the

23  department an amended or supplemental schedule at least 30

24  days before the change is to become effective. The schedule

25  shall be posted in a conspicuous place in each place of

26  business of the agency and shall be printed in not less than a

27  30-point boldfaced type, except that an agency that uses

28  written contracts containing maximum fee schedules need not

29  post such schedules.

30         (2)  All money collected by a talent agency from an

31  employer for the benefit of an artist shall be paid to the


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                                          HB 1923, First Engrossed



  1  artist, less the talent agency's fee, within 5 business days

  2  after the receipt of such money by the talent agency. No

  3  talent agency is required to pay money to an artist until the

  4  talent agency receives payment from the employer or buyer.

  5         Section 16.  Section 468.407, Florida Statutes, is

  6  amended to read:

  7         468.407  Registration License; content; posting.--

  8         (1)  The talent agency registration license shall be

  9  valid for the biennial period in which issued and shall be in

10  such form as may be determined by the department, but shall at

11  least specify the name under which the applicant is to

12  operate, the address of the place of business, the expiration

13  date of the registration license, the full names and titles of

14  the owner and the operator, and the number of the registration

15  license.

16         (2)  The talent agency registration license shall at

17  all times be displayed conspicuously in the place of business

18  in such manner as to be open to the view of the public and

19  subject to the inspection of all duly authorized officers of

20  the state and county.

21         (3)  If a registrant licensee desires to cancel his or

22  her registration license, he or she must notify the department

23  and forthwith return to the department the registration

24  license so canceled. No registration license fee may be

25  refunded upon cancellation of the registration license.

26         Section 17.  Subsection (3) of section 468.410, Florida

27  Statutes, is amended to read:

28         468.410  Prohibition against registration fees;

29  referral.--

30         (3)  A talent agency shall give each applicant a copy

31  of a contract which lists the services to be provided and the


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                                          HB 1923, First Engrossed



  1  fees to be charged. The contract shall state that the talent

  2  agency is registered with regulated by the department and

  3  shall list the address and telephone number of the department.

  4         Section 18.  Section 468.412, Florida Statutes, is

  5  amended to read:

  6         468.412  Talent agency requirements regulations.--

  7         (1)  A talent agency shall maintain a record sheet for

  8  each booking.  This shall be the only required record of

  9  placement and shall be kept for a period of 1 year after the

10  date of the last entry in the buyer's file.

11         (2)  Each talent agency shall keep records in which

12  shall be entered:

13         (a)  The name and address of each artist employing such

14  talent agency;

15         (b)  The amount of fees received from each such artist;

16  and

17         (c)  The employment in which each such artist is

18  engaged at the time of employing such talent agency and the

19  amount of compensation of the artist in such employment, if

20  any, and the employments subsequently secured by such artist

21  during the term of the contract between the artist and the

22  talent agency and the amount of compensation received by the

23  artist pursuant thereto.; and

24         (d)  Other information which the department may require

25  from time to time.

26         (3)  All books, records, and other papers kept pursuant

27  to this act by any talent agency shall be open at all

28  reasonable hours to the inspection of the department and its

29  agents.  Each talent agency shall furnish to the department,

30  upon request, a true copy of such books, records, and papers,

31


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                                          HB 1923, First Engrossed



  1  or any portion thereof, and shall make such reports as the

  2  department may prescribe from time to time.

  3         (3)(4)  Each talent agency shall post in a conspicuous

  4  place in the office of such talent agency a printed copy of

  5  this part and of the rules adopted under this part.  Such

  6  copies shall also contain the name and address of the officer

  7  charged with enforcing this part.  The department shall

  8  furnish to talent agencies printed copies of any statute or

  9  rule required to be posted under this subsection.

10         (4)(5)  No talent agency may knowingly issue a contract

11  for employment containing any term or condition which, if

12  complied with, would be in violation of law, or attempt to

13  fill an order for help to be employed in violation of law.

14         (5)(6)  No talent agency may publish or cause to be

15  published any false, fraudulent, or misleading information,

16  representation, notice, or advertisement.  All advertisements

17  of a talent agency by means of card, circulars, or signs, and

18  in newspapers and other publications, and all letterheads,

19  receipts, and blanks shall be printed and contain the

20  registered licensed name, department registration license

21  number, and address of the talent agency and the words "talent

22  agency." No talent agency may give any false information or

23  make any false promises or representations concerning an

24  engagement or employment to any applicant who applies for an

25  engagement or employment.

26         (6)(7)  No talent agency may send or cause to be sent

27  any person as an employee to any house of ill fame, to any

28  house or place of amusement for immoral purposes, to any place

29  resorted to for the purposes of prostitution, to any place for

30  the modeling or photographing of a minor in the nude in the

31  absence of written permission from the minor's parents or


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                                          HB 1923, First Engrossed



  1  legal guardians, the character of which places the talent

  2  agency could have ascertained upon reasonable inquiry.

  3         (7)(8)  No talent agency may divide fees with anyone,

  4  including, but not limited to, an agent or other employee of

  5  an employer, a buyer, a casting director, a producer, a

  6  director, or any venue that uses entertainment.

  7         (8)(9)  If a talent agency collects from an artist a

  8  fee or expenses for obtaining employment for the artist, and

  9  the artist fails to procure such employment, or the artist

10  fails to be paid for such employment if procured, such talent

11  agency shall, upon demand therefor, repay to the artist the

12  fee and expenses so collected.  Unless repayment thereof is

13  made within 48 hours after demand therefor, the talent agency

14  shall pay to the artist an additional sum equal to the amount

15  of the fee.

16         (9)(10)  Each talent agency must maintain a permanent

17  office and must maintain regular operating hours at that

18  office.

19         Section 19.  Section 468.413, Florida Statutes, is

20  amended to read:

21         468.413  Unlawful acts Legal requirements; penalties.--

22         (1)  Each of the following acts constitutes a felony of

23  the third degree, punishable as provided in s. 775.082, s.

24  775.083, or s. 775.084:

25         (a)  Owning or operating, or soliciting business as, a

26  talent agency in this state without first registering with

27  procuring a license from the department.

28         (b)  Obtaining or attempting to obtain a registration

29  license by means of fraud, misrepresentation, or concealment.

30

31


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                                          HB 1923, First Engrossed



  1         (2)  Each of the following acts constitutes a

  2  misdemeanor of the second degree, punishable as provided in s.

  3  775.082 or s. 775.083:

  4         (a)  Relocating a business as a talent agency, or

  5  operating under any name other than that designated on the

  6  registration license, unless written notification is given to

  7  the department and to the surety or sureties on the original

  8  bond, and unless the registration license is returned to the

  9  department for the recording thereon of such changes.

10         (b)  Assigning or attempting to assign a registration

11  license issued under this part.

12         (c)  Failing to show on a registration license

13  application whether or not the agency or any owner of the

14  agency is financially interested in any other business of like

15  nature and, if so, failing to specify such interest or

16  interests.

17         (d)  Failing to maintain the records required by s.

18  468.409 or knowingly making false entries in such records.

19         (e)  Requiring as a condition to registering or

20  obtaining employment or placement for any applicant that the

21  applicant subscribe to, purchase, or attend any publication,

22  postcard service, advertisement, resume service, photography

23  service, school, acting school, workshop, or acting workshop.

24         (f)  Failing to give each applicant a copy of a

25  contract which lists the services to be provided and the fees

26  to be charged, which states that the talent agency is

27  registered with regulated by the department, and which lists

28  the address and telephone number of the department.

29         (g)  Failing to maintain a record sheet as required by

30  s. 468.412(1).

31


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                                          HB 1923, First Engrossed



  1         (h)  Knowingly sending or causing to be sent any artist

  2  to a prospective employer or place of business, the character

  3  or operation of which employer or place of business the talent

  4  agency knows to be in violation of the laws of the United

  5  States or of this state.

  6         (3)  The court may, in addition to other punishment

  7  provided for in subsection (1) or subsection (2), suspend or

  8  revoke the registration license of any person licensee under

  9  this part who has been found guilty of any violation of

10  subsection (1) or misdemeanor listed in subsection (2).

11         (4)  If a In the event the department or any state

12  attorney finds shall have probable cause to believe that a

13  talent agency or other person has violated any provision of

14  subsection (1) or subsection (2), an action may be brought by

15  the department or any state attorney to enjoin such talent

16  agency or any person from continuing such violation, or

17  engaging therein or doing any acts in furtherance thereof, and

18  for such other relief as to the court seems appropriate. In

19  addition to this remedy, the department may permanently

20  prohibit a person from operating or working for a talent

21  agency assess a penalty against any talent agency or any

22  person in an amount not to exceed $1,000.

23         (5)  Any person injured by a prohibited act or practice

24  in violation of this part may bring a civil action in circuit

25  court for temporary or permanent injunctive relief and may

26  seek appropriate civil relief, including, but not limited to,

27  a civil penalty not to exceed $5,000 for each violation,

28  restitution and treble damages for injured parties, and court

29  costs and reasonable attorney's fees.

30         Section 20.  Section 468.414, Florida Statutes, is

31  amended to read:


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                                          HB 1923, First Engrossed



  1         468.414  Collection and deposit of moneys;

  2  appropriation.--Proceeds from the fines, fees, and penalties

  3  imposed pursuant to this part shall be deposited in the

  4  Professional Regulation Trust Fund, created by s. 215.37.

  5         Section 21.  Section 468.415, Florida Statutes, is

  6  amended to read:

  7         468.415  Sexual misconduct in the operation of a talent

  8  agency.--The talent agent-artist relationship is founded on

  9  mutual trust. Sexual misconduct in the operation of a talent

10  agency means violation of the talent agent-artist relationship

11  through which the talent agent uses the relationship to induce

12  or attempt to induce the artist to engage or attempt to engage

13  in sexual activity. Sexual misconduct is prohibited in the

14  operation of a talent agency. If any agent, owner, or operator

15  of a registered licensed talent agency is found to have

16  committed sexual misconduct in the operation of a talent

17  agency, the agency registration license shall be permanently

18  revoked. Such agent, owner, or operator shall be permanently

19  disqualified from present and future registration licensure as

20  owner or operator of a Florida talent agency.

21         Section 22.  Sections 468.405 and 468.408, Florida

22  Statutes, are repealed.

23         Section 23.  Subsection (7) of section 468.609, Florida

24  Statutes, is amended to read:

25         468.609  Administration of this part; standards for

26  certification; additional categories of certification.--

27         (7)(a)  The board may provide for the issuance of

28  provisional certificates valid for such period, not less than

29  3 years nor more than 5 years, as specified by board rule, to

30  any newly employed or promoted building code inspector or

31  plans examiner who meets the eligibility requirements


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                                          HB 1923, First Engrossed



  1  described in subsection (2) and any newly employed or promoted

  2  building code administrator who meets the eligibility

  3  requirements described in subsection (3).

  4         (b)  No building code administrator, plans examiner, or

  5  building code inspector may have a provisional certificate

  6  extended beyond the specified period by renewal or otherwise.

  7         (c)  The board may provide for appropriate levels of

  8  provisional certificates and may issue these certificates with

  9  such special conditions or requirements relating to the place

10  of employment of the person holding the certificate, the

11  supervision of such person on a consulting or advisory basis,

12  or other matters as the board may deem necessary to protect

13  the public safety and health.

14         (d)1.  A newly employed or hired person may perform the

15  duties of a plans examiner or building code inspector for 90

16  days if a provisional certificate application has been

17  submitted, provided such person is under the direct

18  supervision of a certified building code administrator who

19  holds a standard certification and who has found such person

20  qualified for a provisional certificate. However,

21         2.  Direct supervision and the determination of

22  qualifications under this paragraph may be provided by a

23  building code administrator who holds a limited or provisional

24  certificate in any county with a population of less than

25  75,000 and in any municipality located within such a county.

26         3.  Direct supervision under this paragraph may be

27  provided in any county with a population of less than 75,000

28  and in any municipality within such county by

29  telecommunication devices if the supervision is appropriate

30  for the facts surrounding the performance of the duties being

31  supervised.


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                                          HB 1923, First Engrossed



  1         Section 24.  Subsection (4) of section 468.627, Florida

  2  Statutes, is amended to read:

  3         468.627  Application; examination; renewal; fees.--

  4         (4)  Employees of local government agencies having

  5  responsibility for building code inspection, building

  6  construction regulation, and enforcement of building,

  7  plumbing, mechanical, electrical, gas, fire prevention,

  8  energy, accessibility, and other construction codes shall pay

  9  no application fees or examination fees. However, the fee

10  charged by the examination contract vendor to the department

11  for scheduling an examination of an employee of a local

12  government shall be recovered from any employee who does not

13  report for the scheduled examination. The department shall

14  have the final approval for excusing applicants from a

15  scheduled examination and may waive recovery of the fee in

16  case of hardship.

17         Section 25.  Subsection (1) of section 471.025, Florida

18  Statutes, is amended to read:

19         471.025  Seals.--

20         (1)  The board shall prescribe, by rule, the forms a

21  form of seals seal to be used by registrants holding valid

22  certificates of registration. Each registrant shall obtain at

23  least one an impression-type metal seal in the form approved

24  by board rule aforesaid and may, in addition, register his or

25  her seal electronically in accordance with ss. 282.70-282.75.

26  All final drawings, specifications, plans, reports, or

27  documents prepared or issued by the registrant and being filed

28  for public record and all final bid documents provided to the

29  owner or the owner's representative shall be signed by the

30  registrant, dated, and stamped with said seal. Such signature,

31  date, and seal shall be evidence of the authenticity of that


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                                          HB 1923, First Engrossed



  1  to which they are affixed.  Drawings, specifications, plans,

  2  reports, final bid documents, or documents prepared or issued

  3  by a registrant may be transmitted electronically and may be

  4  signed by the registrant, dated, and stamped electronically

  5  with said seal in accordance with ss. 282.70-282.75.

  6         Section 26.  Section 472.001, Florida Statutes, is

  7  amended to read:

  8         472.001  Purpose.--The Legislature deems it necessary

  9  to regulate surveyors and mappers as provided in this chapter

10  ss. 472.001-472.041.

11         Section 27.  Section 472.003, Florida Statutes, is

12  amended to read:

13         472.003  Exemptions Persons not affected by ss.

14  472.001-472.041.--This chapter does Sections 472.001-472.041

15  do not apply to:

16         (1)  Any surveyor and mapper working as a salaried

17  employee of the United States Government when engaged in work

18  solely for the United States Government.

19         (2)  A registered professional engineer who takes or

20  contracts for professional surveying and mapping services

21  incidental to her or his practice of engineering and who

22  delegates such surveying and mapping services to a registered

23  professional surveyor and mapper qualified within her or his

24  firm or contracts for such professional surveying and mapping

25  services to be performed by others who are registered

26  professional surveyors and mappers under this chapter the

27  provisions of ss. 472.001-472.041.

28         (3)  The following persons when performing construction

29  layout from boundary, horizontal, and vertical controls that

30  have been established by a registered professional surveyor

31  and mapper:


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                                          HB 1923, First Engrossed



  1         (a)  Contractors performing work on bridges, roads,

  2  streets, highways, or railroads, or utilities and services

  3  incidental thereto, or employees who are subordinates of such

  4  contractors provided that the employee does not hold herself

  5  or himself out for hire or engage in such contracting except

  6  as an employee;

  7         (b)  Certified or registered contractors licensed

  8  pursuant to part I of chapter 489 or employees who are

  9  subordinates of such contractors provided that the employee

10  does not hold herself or himself out for hire or engage in

11  contracting except as an employee; and

12         (c)  Registered professional engineers licensed

13  pursuant to chapter 471 and employees of a firm, corporation,

14  or partnership who are the subordinates of the registered

15  professional engineer in responsible charge.

16         (4)  Persons employed by county property appraisers, as

17  defined at s. 192.001(3), and persons employed by the

18  Department of Revenue, to prepare maps for property appraisal

19  purposes only, but only to the extent that they perform

20  mapping services which do not include any surveying activities

21  as described in s. 472.005(4)(a) and (b).

22         (5)(a)  Persons who are employees of any state, county,

23  municipal, or other governmental unit of this state and who

24  are the subordinates of a person in responsible charge

25  registered under this chapter, to the extent that the

26  supervision meets standards adopted by rule of the board, if

27  any.

28         (b)  Persons who are employees of any employee leasing

29  company licensed pursuant to part XI of chapter 468 and who

30  work as subordinates of a person in responsible charge

31  registered under this chapter.


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                                          HB 1923, First Engrossed



  1         (c)  Persons who are employees of an individual

  2  registered or legal entity certified under this chapter and

  3  who are the subordinates of a person in responsible charge

  4  registered under this chapter, to the extent that the

  5  supervision meets standards adopted by rule of the board, if

  6  any.

  7         Section 28.  Section 472.005, Florida Statutes, is

  8  amended to read:

  9         472.005  Definitions.--As used in this chapter ss.

10  472.001-472.041:

11         (1)  "Board" means the Board of Professional Surveyors

12  and Mappers.

13         (2)  "Department" means the Department of Business and

14  Professional Regulation.

15         (3)  "Surveyor and mapper" includes the term

16  "professional surveyor and mapper" and means a person who is

17  registered to engage in the practice of surveying and mapping

18  under this chapter ss. 472.001-472.041. For the purposes of

19  this subsection statute, a surveyor and mapper means a person

20  who determines and displays the facts of size, shape,

21  topography, tidal datum planes, legal or geodetic location or

22  relation, and orientation of improved or unimproved real

23  property through direct measurement or from certifiable

24  measurement through accepted photogrammetric procedures.

25         (4)(a)  "Practice of surveying and mapping" means,

26  among other things, any professional service or work, the

27  adequate performance of which involves the application of

28  special knowledge of the principles of mathematics, the

29  related physical and applied sciences, and the relevant

30  requirements of law for adequate evidence of the act of

31  measuring, locating, establishing, or reestablishing lines,


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                                          HB 1923, First Engrossed



  1  angles, elevations, natural and manmade features in the air,

  2  on the surface and immediate subsurface of the earth, within

  3  underground workings, and on the beds or surface of bodies of

  4  water, for the purpose of determining, establishing,

  5  describing, displaying, or interpreting the facts of size,

  6  shape, topography, tidal datum planes, legal or geodetic

  7  location or relocation, and orientation of improved or

  8  unimproved real property and appurtenances thereto, including

  9  acreage and condominiums.

10         (b)  The practice of surveying and mapping also

11  includes, but is not limited to, photogrammetric control; the

12  monumentation and remonumentation of property boundaries and

13  subdivisions; the measurement of and preparation of plans

14  showing existing improvements after construction; the layout

15  of proposed improvements; the preparation of descriptions for

16  use in legal instruments of conveyance of real property and

17  property rights; the preparation of subdivision planning maps

18  and record plats, as provided for in chapter 177; the

19  determination of, but not the design of, grades and elevations

20  of roads and land in connection with subdivisions or divisions

21  of land; and the creation and perpetuation of alignments

22  related to maps, record plats, field note records, reports,

23  property descriptions, and plans and drawings that represent

24  them.

25         (5)  The term "Surveyor and mapper intern" includes the

26  term "surveyor-mapper-in-training" and means a person who

27  complies with the requirements of this chapter provided by ss.

28  472.001-472.041 and who has passed an examination as provided

29  by rules adopted by the board.

30         (6)  The term "Responsible charge" means direct control

31  and personal supervision of surveying and mapping work, but


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                                          HB 1923, First Engrossed



  1  does not include experience as a chainperson, rodperson,

  2  instrumentperson, ordinary draftsperson, digitizer, scriber,

  3  photo lab technician, ordinary stereo plotter operator, aerial

  4  photo pilot, photo interpreter, and other positions of routine

  5  work.

  6         (7)  The term "License" means the registration of

  7  surveyors and mappers or the certification of businesses to

  8  practice surveying and mapping in this state.

  9         (8)  "Photogrammetric mapper" means any person who

10  engages in the practice of surveying and mapping using aerial

11  or terrestrial photography or other sources of images.

12         (9)  "Employee" means a person who receives

13  compensation from and is under the supervision and control of

14  an employer who regularly deducts the F.I.C.A. and withholding

15  tax and provides workers' compensation, all as prescribed by

16  law.

17         (10)  "Subordinate" means an employee who performs work

18  under the direction, supervision, and responsible charge of a

19  person who is registered under this chapter.

20         (11)  "Monument" means an artificial or natural object

21  that is permanent or semipermanent and used or presumed to

22  occupy any real property corner, any point on a boundary line,

23  or any reference point or other point to be used for

24  horizontal or vertical control.

25         (12)  "Legal entity" means a corporation, partnership,

26  association, or person practicing under a fictitious name who

27  is certified under s. 472.021.

28         Section 29.  Subsection (1) of section 472.011, Florida

29  Statutes, is amended to read:

30         472.011  Fees.--

31


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                                          HB 1923, First Engrossed



  1         (1)  The board, by rule, may establish fees to be paid

  2  for applications, examination, reexamination, licensing and

  3  renewal, inactive status application and reactivation of

  4  inactive licenses, recordmaking and recordkeeping, and

  5  applications for providers of continuing education. The board

  6  may also establish by rule a delinquency fee. The board shall

  7  establish fees that are adequate to ensure the continued

  8  operation of the board. Fees shall be based on department

  9  estimates of the revenue required to implement this chapter

10  ss. 472.001-472.041 and the provisions of law with respect to

11  the regulation of surveyors and mappers.

12         Section 30.  Subsection (4) of section 472.015, Florida

13  Statutes, is amended to read:

14         472.015  Licensure.--

15         (4)  The department shall not issue a license by

16  endorsement to any applicant who is under investigation in

17  another state for any act that would constitute a violation of

18  this chapter ss. 472.001-472.041 or chapter 455 until such

19  time as the investigation is complete and disciplinary

20  proceedings have been terminated.

21         Section 31.  Subsection (1) of section 472.021, Florida

22  Statutes, is amended to read:

23         472.021  Certification of partnerships and

24  corporations.--

25         (1)  The practice of or the offer to practice surveying

26  and mapping by registrants through a corporation or

27  partnership offering surveying and mapping services to the

28  public, or by a corporation or partnership offering said

29  services to the public through registrants under this chapter

30  ss. 472.001-472.041 as agents, employees, officers, or

31  partners, is permitted subject to the provisions of this


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                                          HB 1923, First Engrossed



  1  chapter ss. 472.001-472.041, provided that one or more of the

  2  principal officers of the corporation or one or more partners

  3  of the partnership and all personnel of the corporation or

  4  partnership who act in its behalf as surveyors and mappers in

  5  this state are registered as provided by this chapter ss.

  6  472.001-472.041, and, further, provided that the corporation

  7  or partnership has been issued a certificate of authorization

  8  by the board as provided in this section. All final drawings,

  9  specifications, plans, reports, or other papers or documents

10  involving the practice of surveying and mapping which are

11  prepared or approved for the use of the corporation or

12  partnership or for delivery to any person or for public record

13  within the state must be dated and must bear the signature and

14  seal of the registrant who prepared or approved them. Nothing

15  in this section shall be construed to allow a corporation to

16  hold a certificate of registration to practice surveying and

17  mapping. No corporation or partnership shall be relieved of

18  responsibility for the conduct or acts of its agents,

19  employees, or officers by reason of its compliance with this

20  section, nor shall any individual practicing surveying and

21  mapping be relieved of responsibility for professional

22  services performed by reason of his or her employment or

23  relationship with a corporation or partnership.

24         Section 32.  Section 472.027, Florida Statutes, is

25  amended to read:

26         472.027  Minimum technical standards for surveying and

27  mapping.--The board shall adopt rules relating to the practice

28  of surveying and mapping which establish minimum technical

29  standards to ensure the achievement of no less than minimum

30  degrees of accuracy, completeness, and quality in order to

31  assure adequate and defensible real property boundary


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                                          HB 1923, First Engrossed



  1  locations and other pertinent information provided by

  2  surveyors and mappers under the authority of this chapter ss.

  3  472.001-472.041.

  4         Section 33.  Section 472.029, Florida Statutes, is

  5  amended to read:

  6         472.029  Authorization Surveyors and mappers authorized

  7  to enter lands of third parties; under certain

  8  conditions.--Surveyors and mappers and their subordinates may

  9  go on, over, and upon the lands of others when necessary to

10  make surveys and maps or to search for, uncover, locate, or

11  set monuments, and, in so doing, may carry with them their

12  agents and employees necessary for that purpose. Entry under

13  the right hereby granted does not constitute trespass, and

14  surveyors and mappers and their subordinates and duly

15  authorized agents or employees so entering are not liable to

16  arrest or to a civil action by reason of such entry as long as

17  the entering is in compliance with all federal, state, and

18  local regulations pertaining to premises security,

19  agricultural protections, and other health and safety

20  requirements.; However, this section does not give authority

21  to registrants, subordinates, agents, or employees to destroy,

22  injure, damage, or otherwise move any physical improvements

23  anything on lands of another without the written permission of

24  the landowner. No landowner shall be liable to any third party

25  for any civil or criminal act, or any damages, which result in

26  whole or in part through the negligent or intentional conduct

27  of any person regulated by this section.  If written notice is

28  delivered to a landowner or the landowner's registered agent

29  three business days prior to entry on a parcel containing more

30  than 160 acres classified as agricultural land, the duty of

31  care owed to those regulated by this section shall be that due


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                                          HB 1923, First Engrossed



  1  to a licensee under this chapter; however, if no such notice

  2  is given, the landowner's duty of care shall be that due to an

  3  unforeseen trespasser.

  4         Section 34.  Subsection (5) of section 810.12, Florida

  5  Statutes, is amended to read:

  6         810.12  Unauthorized entry on land; prima facie

  7  evidence of trespass.--

  8         (5)  However, this section shall not apply to any

  9  official or employee of the state or a county, municipality,

10  or other governmental agency now authorized by law to enter

11  upon lands or to registered engineers, and surveyors and

12  mappers, and other persons authorized to enter lands pursuant

13  to ss. 471.027 and 472.029. The provisions of this section

14  shall not apply to the trimming or cutting of trees or timber

15  by municipal or private public utilities, or their employees,

16  contractors, or subcontractors, when such trimming is required

17  for the establishment or maintenance of the service furnished

18  by any such utility.

19         Section 35.  Subsection (1) of section 472.031, Florida

20  Statutes, is amended to read:

21         472.031  Prohibitions; penalties.--

22         (1)  No person shall:

23         (a)  Practice surveying and mapping unless such person

24  is registered under this chapter pursuant to ss.

25  472.001-472.041;

26         (b)  Use the name or title "registered surveyor and

27  mapper" when such person has not registered under this chapter

28  pursuant to ss. 472.001-472.041;

29         (c)  Present as his or her own the registration of

30  another;

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                                          HB 1923, First Engrossed



  1         (d)  Knowingly give false or forged evidence to the

  2  board or a member thereof; or

  3         (e)  Use or attempt to use a registration that has been

  4  suspended or revoked.

  5         Section 36.  Section 472.037, Florida Statutes, is

  6  amended to read:

  7         472.037  Application of chapter ss. 472.001-472.041.--

  8         (1)  Nothing contained in this chapter ss.

  9  472.001-472.041 shall be construed to repeal, amend, limit, or

10  otherwise affect any local building code or zoning law or

11  ordinance, now or hereafter enacted, which is more restrictive

12  with respect to the services of registered surveyors and

13  mappers than the provisions of this chapter ss.

14  472.001-472.041.

15         (2)  In counties or municipalities that issue building

16  permits, such permits shall not be issued in any case where it

17  is apparent from the application for such building permit that

18  the provisions of this chapter ss. 472.001-472.041 have been

19  violated. However, this shall not authorize the withholding of

20  building permits in any cases within the exempt classes set

21  forth in this chapter ss. 472.001-472.041.

22         Section 37.  A new subsection (4) is added to section

23  475.01, Florida Statutes, to read:

24         475.01  Definitions.--

25         (4)  A broker acting as a trustee or in a fiduciary

26  capacity is subject to the provisions of this chapter.

27         Section 38.  Section 476.014, Florida Statutes, is

28  amended to read:

29         476.014  Short title.--This chapter act may be cited as

30  the "Barbers' Act."

31


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                                          HB 1923, First Engrossed



  1         Section 39.  Section 476.034, Florida Statutes, is

  2  amended to read:

  3         476.034  Definitions.--As used in this chapter act:

  4         (1)  "Barber" means a person who is licensed to engage

  5  in the practice of barbering in this state under the authority

  6  of this chapter.

  7         (2)  "Barbering" means any of the following practices

  8  when done for remuneration and for the public, but not when

  9  done for the treatment of disease or physical or mental

10  ailments: shaving, cutting, trimming, coloring, shampooing,

11  arranging, dressing, curling, or waving the hair or beard or

12  applying oils, creams, lotions, or other preparations to the

13  face, scalp, or neck, either by hand or by mechanical

14  appliances.

15         (3)  "Barbershop" means any place of business wherein

16  the practice of barbering is carried on.

17         (4)  "Board" means the Barbers' Board of Barbering and

18  Cosmetology.

19         (5)  "Department" means the Department of Business and

20  Professional Regulation.

21         Section 40.  Section 476.054, Florida Statutes, is

22  amended to read:

23         476.054  Barbers' Board of Barbering and Cosmetology.--

24         (1)  There is created within the department the

25  Barbers' Board of Barbering and Cosmetology, consisting of

26  seven members who shall be appointed by the Governor, subject

27  to confirmation by the Senate.

28         (2)  Two Five members of the board must shall be

29  licensed barbers who have practiced the occupation of

30  barbering in this state for at least 5 years. Three members

31  must be licensed cosmetologists who have practiced cosmetology


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                                          HB 1923, First Engrossed



  1  in this state for at least 5 years, and one member must be a

  2  registered cosmetology specialist who has practiced his or her

  3  specialty in this state for a least 5 years.  The remaining

  4  member must two members of the board shall be a resident

  5  citizens of the state who is are not presently a licensed

  6  barber or cosmetologist barbers. No person may shall be

  7  appointed to the board who is in any way connected with the

  8  manufacture, rental, or wholesale distribution of barber or

  9  cosmetology equipment and supplies.

10         (3)  As the terms of the members expire, the Governor

11  shall appoint successors for terms of 4 years; and such

12  members shall serve until their successors are appointed and

13  qualified. The Governor may remove any member for cause.

14         (4)  No person may shall be appointed to serve more

15  than two consecutive terms.  Any vacancy shall be filled by

16  appointment by the Governor for the unexpired portion of the

17  term.

18         (5)  Each board member shall receive $50 per day, up to

19  a maximum of $2,000 per year, for time spent on board

20  business, plus per diem and mileage allowances as provided in

21  s. 112.061 from the place of her or his residence to the place

22  of meeting and the return therefrom.

23         (6)  Before beginning duties as a board member, each

24  appointee must take the constitutional oath of office and file

25  it with the Department of State, which shall issue to such

26  member a certificate of appointment.

27         (7)  The board shall, each January, elect from among

28  its members a chair and a vice chair.

29         (8)  The board shall hold such meetings during the year

30  as necessary, one of which shall be the annual meeting. The

31


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                                          HB 1923, First Engrossed



  1  chair may call other meetings. A quorum shall consist of not

  2  fewer than four members.

  3         (9)(6)  Each board member shall be held accountable to

  4  the Governor for the proper performance of all duties and

  5  obligations of such board member's office.  The Governor shall

  6  cause to be investigated any complaints or unfavorable reports

  7  received concerning the actions of the board or its individual

  8  members and shall take appropriate action thereon, which may

  9  include removal of any board member for malfeasance,

10  misfeasance, neglect of duty, commission of a felony,

11  drunkenness, incompetency, or permanent inability to perform

12  her or his official duties.

13         Section 41.  Section 476.064, Florida Statutes, is

14  amended to read:

15         476.064  Organization; headquarters; personnel;

16  meetings.--

17         (1)  The board shall annually elect a chair and a vice

18  chair from its number. The board shall maintain its

19  headquarters in Tallahassee.

20         (2)  The department shall appoint or employ such

21  personnel as may be necessary to assist the board in

22  exercising the powers and performing the duties and

23  obligations set forth in this chapter act. Such personnel need

24  not be licensed barbers or cosmetologists and shall not be

25  members of the board.  Such personnel shall be authorized to

26  do and perform such duties and work as may be assigned by the

27  board.

28         (3)  The board shall hold an annual meeting and such

29  other meetings during the year as it may determine to be

30  necessary. The chair of the board may call other meetings at

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                                          HB 1923, First Engrossed



  1  her or his discretion.  A quorum of the board shall consist of

  2  not less than four members.

  3         (3)(4)  The board has authority to adopt rules pursuant

  4  to ss. 120.536(1) and 120.54 necessary to administer implement

  5  the provisions of this chapter.

  6         Section 42.  Subsections (1) and (2) of section

  7  476.074, Florida Statutes, are amended to read:

  8         476.074  Legal, investigative, and inspection

  9  services.--

10         (1)  The department shall provide all legal services

11  needed to carry out the provisions of this chapter act.

12         (2)  The department shall provide all investigative

13  services required by the board or the department in carrying

14  out the provisions of this chapter act.

15         Section 43.  Subsection (2) of section 476.154, Florida

16  Statutes, is amended to read:

17         476.154  Biennial renewal of licenses.--

18         (2)  Any license or certificate of registration issued

19  pursuant to this chapter act for a period less than the

20  established biennial issuance period may be issued for that

21  lesser period of time, and the department shall adjust the

22  required fee accordingly. The board shall adopt rules

23  providing for such partial period fee adjustments.

24         Section 44.  Paragraphs (a) and (b) of subsection (1)

25  of section 476.194, Florida Statutes, are amended to read:

26         476.194  Prohibited acts.--

27         (1)  It is unlawful for any person to:

28         (a)  Engage in the practice of barbering without an

29  active license as a barber issued pursuant to the provisions

30  of this chapter act by the department.

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                                          HB 1923, First Engrossed



  1         (b)  Engage in willful or repeated violations of this

  2  chapter act or of any of the rules adopted by the board.

  3         Section 45.  Subsections (1) and (3) of section

  4  476.214, Florida Statutes, are amended to read:

  5         476.214  Grounds for suspending, revoking, or refusing

  6  to grant license or certificate.--

  7         (1)  The board shall have the power to revoke or

  8  suspend any license, registration card, or certificate of

  9  registration issued pursuant to this chapter act, or to

10  reprimand, censure, deny subsequent licensure of, or otherwise

11  discipline any holder of a license, registration card, or

12  certificate of registration issued pursuant to this chapter

13  act, for any of the following causes:

14         (a)  Gross malpractice or gross incompetency in the

15  practice of barbering;

16         (b)  Practice by a person knowingly having an

17  infectious or contagious disease; or

18         (c)  Commission of any of the offenses described in s.

19  476.194.

20         (3)  The board shall keep a record of its disciplinary

21  proceedings against holders of licenses or certificates of

22  registration issued pursuant to this chapter act.

23         Section 46.  Section 476.234, Florida Statutes, is

24  amended to read:

25         476.234  Civil proceedings.--In addition to any other

26  remedy, the department may file a proceeding in the name of

27  the state seeking issuance of a restraining order, injunction,

28  or writ of mandamus against any person who is or has been

29  violating any of the provisions of this chapter act or the

30  lawful rules or orders of the board, commission, or

31  department.


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                                          HB 1923, First Engrossed



  1         Section 47.  Subsection (1) of section 477.013, Florida

  2  Statutes, is amended to read:

  3         477.013  Definitions.--As used in this chapter:

  4         (1)  "Board" means the Board of Barbering and

  5  Cosmetology.

  6         Section 48.  Section 477.015, Florida Statutes, is

  7  repealed.

  8         Section 49.  The Barbers' Board created pursuant to

  9  section 476.054, Florida Statutes, and the Board of

10  Cosmetology created pursuant to section 477.015, Florida

11  Statutes, are abolished. All rules of the Barbers' Board and

12  the Board of Cosmetology in effect on the effective date of

13  this act shall remain in full force and shall become rules of

14  the Board of Barbering and Cosmetology.

15         Section 50.  The Board of Barbering and Cosmetology is

16  created by this act by the amendment of section 476.054,

17  Florida Statutes, and the repeal of section 477.015, Florida

18  Statutes. Appointments to this board are new and shall be made

19  by the Governor, subject to confirmation by the Senate, for

20  initial terms of 4 years or less so that no more than two

21  terms expire in any one year. The board shall assume

22  responsibilities for the regulation of barbering pursuant to

23  chapter 476, Florida Statutes, and the regulation of

24  cosmetology pursuant to chapter 477, Florida Statutes, as

25  provided in those chapters.

26         Section 51.  The Board of Barbering and Cosmetology

27  shall be replaced as the party of interest for any legal

28  actions naming the Barbers' Board or the Board of Cosmetology

29  as a party.

30         Section 52.  Subsection (7) of section 477.019, Florida

31  Statutes, is amended to read:


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                                          HB 1923, First Engrossed



  1         477.019  Cosmetologists; qualifications; licensure;

  2  supervised practice; license renewal; endorsement; continuing

  3  education.--

  4         (7)(a)  The board shall prescribe by rule continuing

  5  education requirements intended to ensure protection of the

  6  public through updated training of licensees and registered

  7  specialists, not to exceed 16 hours biennially, as a condition

  8  for renewal of a license or registration as a specialist under

  9  this chapter. Continuing education courses shall include, but

10  not be limited to, the following subjects as they relate to

11  the practice of cosmetology:  human immunodeficiency virus and

12  acquired immune deficiency syndrome; Occupational Safety and

13  Health Administration regulations; workers' compensation

14  issues; state and federal laws and rules as they pertain to

15  cosmetologists, cosmetology, salons, specialists, specialty

16  salons, and booth renters; chemical makeup as it pertains to

17  hair, skin, and nails; and environmental issues. Courses given

18  at cosmetology conferences may be counted toward the number of

19  continuing education hours required if approved by the board.

20         (b)  Any person whose occupation or practice is

21  confined solely to hair braiding, hair wrapping, or body

22  wrapping is exempt from the continuing education requirements

23  of this subsection.

24         (c)  The board shall by rule establish criteria for the

25  approval of continuing education courses and providers. The

26  board may, by rule, require any licensee in violation of a

27  continuing education requirement to take a refresher course or

28  refresher course and examination in addition to any other

29  penalty. The number of hours for the refresher course may not

30  exceed 48 hours.

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                                          HB 1923, First Engrossed



  1         (d)  The department shall approve all continuing

  2  education courses and providers as set forth in this

  3  subsection. The board may not approve any course which does

  4  not substantially and exclusively relate to the practice of

  5  cosmetology and serve to ensure the protection of the public.

  6  Courses given at cosmetology conferences may be counted toward

  7  the number of continuing education hours required if approved

  8  by the department.

  9         (e)  Correspondence courses may be approved if offered

10  by a provider approved by the board under paragraph (d) and

11  meet all relevant course criteria established by the board.

12  Correspondence courses must include a written post course

13  examination developed and graded by the course provider which

14  demonstrates the licensee's understanding of the subject

15  matter taught by the course. The board may, by rule, set the

16  minimum allowed passing score for such examinations.

17         Section 53.  Subsection (1) of section 477.026, Florida

18  Statutes, is amended to read:

19         477.026  Fees; disposition.--

20         (1)  The board shall set fees according to the

21  following schedule:

22         (a)  For cosmetologists, fees for original licensing,

23  license renewal, and delinquent renewal shall not exceed $25.

24         (b)  For cosmetologists, fees for endorsement

25  application, examination, and reexamination shall not exceed

26  $50.

27         (c)  For cosmetology and specialty salons, fees for

28  license application, original licensing, license renewal, and

29  delinquent renewal shall not exceed $50.

30         (d)  For specialists, fees for application and

31  endorsement registration shall not exceed $30.


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                                          HB 1923, First Engrossed



  1         (e)  For specialists, fees for initial registration,

  2  registration renewal, and delinquent renewal shall not exceed

  3  $50.

  4         (f)  For hair braiders, hair wrappers, and body

  5  wrappers, fees for initial registration, registration renewal,

  6  and delinquent renewal shall not exceed $25.

  7         Section 54.  Subsection (1) of section 481.209, Florida

  8  Statutes, is amended to read:

  9         481.209  Examinations.--

10         (1)  A person desiring to be licensed as a registered

11  architect shall apply to the department to take the licensure

12  examination. The department shall administer the licensure

13  examination for architects to each applicant who the board

14  certifies:

15         (a)  Has completed the application form and remitted a

16  nonrefundable application fee and an examination fee which is

17  refundable if the applicant is found to be ineligible to take

18  the examination;

19         (b)1.  Has successfully completed all architectural

20  curriculum courses required by and Is a graduate of a school

21  or college of architecture accredited by the National

22  Architectural Accreditation Board; or

23         2.  Is a graduate of an approved architectural

24  curriculum, evidenced by a degree from an unaccredited school

25  or college of architecture approved by the board. The board

26  shall adopt rules providing for the review and approval of

27  unaccredited schools and colleges of architecture and courses

28  of architectural study based on a review and inspection by the

29  board of the curriculum of accredited schools and colleges of

30  architecture in the United States, including those schools and

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                                          HB 1923, First Engrossed



  1  colleges accredited by the National Architectural

  2  Accreditation Board; and

  3         (c)  Has completed, prior to examination, 1 year of the

  4  internship experience required by s. 481.211(1).

  5         Section 55.  Section 481.223, Florida Statutes, is

  6  amended to read:

  7         481.223  Prohibitions; penalties; injunctive relief.--

  8         (1)  A person may not knowingly:

  9         (a)  Practice architecture unless the person is an

10  architect or a registered architect;

11         (b)  Practice interior design unless the person is a

12  registered interior designer unless otherwise exempted herein;

13         (c)  Use the name or title "architect" or "registered

14  architect," or "interior designer" or "registered interior

15  designer," or words to that effect, when the person is not

16  then the holder of a valid license issued pursuant to this

17  part;

18         (d)  Present as his or her own the license of another;

19         (e)  Give false or forged evidence to the board or a

20  member thereof;

21         (f)  Use or attempt to use an architect or interior

22  designer license that has been suspended, revoked, or placed

23  on inactive or delinquent status;

24         (g)  Employ unlicensed persons to practice architecture

25  or interior design; or

26         (h)  Conceal information relative to violations of this

27  part.

28         (2)  Any person who violates any provision of

29  subsection (1) this section commits a misdemeanor of the first

30  degree, punishable as provided in s. 775.082 or s. 775.083.

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                                          HB 1923, First Engrossed



  1         (3)(a)  Notwithstanding chapter 455 or any other

  2  provision of law to the contrary, an affected person may

  3  maintain an action for injunctive relief to restrain or

  4  prevent a person from violating paragraph (1)(a), paragraph

  5  (1)(b), or paragraph (1)(c). The prevailing party shall be

  6  entitled to actual costs and attorney's fees.

  7         (b)  For purposes of this subsection, "affected person"

  8  means a person directly affected by the actions of a person

  9  suspected of violating paragraph (1)(a), paragraph (1)(b), or

10  paragraph (1)(c) and includes, but is not limited to, the

11  department, any person who received services from the alleged

12  violator, or any private association composed primarily of

13  members of the profession the alleged violator is practicing

14  or offering to practice or holding himself or herself out as

15  qualified to practice.

16         Section 56.  Effective July 1, 2001, subsections (2)

17  and (4) of section 489.107, Florida Statutes, are amended to

18  read:

19         489.107  Construction Industry Licensing Board.--

20         (2)  The board shall consist of 16 18 members, of whom:

21         (a)  Four are primarily engaged in business as general

22  contractors;

23         (b)  Three are primarily engaged in business as

24  building contractors or residential contractors, however, at

25  least one building contractor and one residential contractor

26  shall be appointed;

27         (c)  One is primarily engaged in business as a roofing

28  contractor;

29         (d)  One is primarily engaged in business as a sheet

30  metal contractor;

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                                          HB 1923, First Engrossed



  1         (e)  One is primarily engaged in business as an

  2  air-conditioning contractor;

  3         (f)  One is primarily engaged in business as a

  4  mechanical contractor;

  5         (g)  One is primarily engaged in business as a pool

  6  contractor;

  7         (h)  One is primarily engaged in business as a plumbing

  8  contractor;

  9         (i)  One is primarily engaged in business as an

10  underground utility and excavation contractor;

11         (j)  Notwithstanding the provisions of s. 20.165(6),

12  one is a Two are consumer member members who is are not, and

13  has have never been, a member members or practitioner

14  practitioners of a profession regulated by the board or a

15  member members of any closely related profession; and

16         (k)  One is a Two are building official officials of a

17  municipality or county.

18         (l)  On the date the reduction of the number of members

19  on the board made by this act becomes effective, the affected

20  appointments shall be those in the reduced membership class

21  whose terms next expire.

22         (4)  The board shall be divided into two divisions,

23  Division I and Division II.

24         (a)  Division I is comprised of the general contractor,

25  building contractor, and residential contractor members of the

26  board; one of the members appointed pursuant to paragraph

27  (2)(j); and one of the member members appointed pursuant to

28  paragraph (2)(k). Division I has jurisdiction over the

29  regulation of general contractors, building contractors, and

30  residential contractors.

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                                          HB 1923, First Engrossed



  1         (b)  Division II is comprised of the roofing

  2  contractor, sheet metal contractor, air-conditioning

  3  contractor, mechanical contractor, pool contractor, plumbing

  4  contractor, and underground utility and excavation contractor

  5  members of the board; and one of the member members appointed

  6  pursuant to paragraph (2)(j); and one of the members appointed

  7  pursuant to paragraph (2)(k). Division II has jurisdiction

  8  over the regulation of contractors defined in s.

  9  489.105(3)(d)-(p).

10         (c)  Jurisdiction for the regulation of specialty

11  contractors defined in s. 489.105(3)(q) shall lie with the

12  division having jurisdiction over the scope of work of the

13  specialty contractor as defined by board rule.

14         Section 57.  Section 489.1133, Florida Statutes, is

15  created to read:

16         489.1133  Temporary certificate or registration.--The

17  department may issue a temporary certificate or registration

18  to any applicant who has submitted a completed application and

19  who appears to meet all qualifications for certification or

20  registration, pending final approval of the application and

21  the granting of a permanent certificate or registration by the

22  board. If the board determines that the applicant does not

23  meet all of the requirements for certification or registration

24  under this part, the board shall, upon notifying the applicant

25  of his or her failure to qualify, revoke the applicant's

26  temporary certificate or registration.

27         Section 58.  Paragraph (b) of subsection (4) of section

28  489.115, Florida Statutes, as amended by chapters 98-287 and

29  2000-141, Laws of Florida, is amended to read:

30         489.115  Certification and registration; endorsement;

31  reciprocity; renewals; continuing education.--


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                                          HB 1923, First Engrossed



  1         (4)

  2         (b)1.  Each certificateholder or registrant shall

  3  provide proof, in a form established by rule of the board,

  4  that the certificateholder or registrant has completed at

  5  least 14 classroom hours of at least 50 minutes each of

  6  continuing education courses during each biennium since the

  7  issuance or renewal of the certificate or registration.  The

  8  board shall establish by rule that a portion of the required

  9  14 hours must deal with the subject of workers' compensation,

10  business practices, and workplace safety.  The board shall by

11  rule establish criteria for the approval of continuing

12  education courses and providers, including requirements

13  relating to the content of courses and standards for approval

14  of providers, and may by rule establish criteria for accepting

15  alternative nonclassroom continuing education on an

16  hour-for-hour basis.  The board shall prescribe by rule the

17  continuing education, if any, which is required during the

18  first biennium of initial licensure.  A person who has been

19  licensed for less than an entire biennium must not be required

20  to complete the full 14 hours of continuing education.

21         2.  In addition, the board may approve specialized

22  continuing education courses on compliance with the wind

23  resistance provisions for one and two family dwellings

24  contained in the Florida Building Code and any alternate

25  methodologies for providing such wind resistance which have

26  been approved for use by the Florida Building Commission.

27  Contractors defined in s. 489.105(3)(a)-(c) Division I

28  certificateholders or registrants who demonstrate proficiency

29  upon completion of such specialized courses may certify plans

30  and specifications for one and two family dwellings to be in

31  compliance with the code or alternate methodologies, as


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                                          HB 1923, First Engrossed



  1  appropriate, except for dwellings located in floodways or

  2  coastal hazard areas as defined in ss. 60.3D and E of the

  3  National Flood Insurance Program.

  4         3.  Each certificateholder or registrant shall provide

  5  to the board proof of completion of the core curriculum

  6  courses, or passing the equivalency test of the Building Code

  7  Training Program established under s. 553.841, specific to the

  8  licensing category sought, within 2 years after commencement

  9  of the program or of initial certification or registration,

10  whichever is later.  Classroom hours spent taking core

11  curriculum courses shall count toward the number required for

12  renewal of certificates or registration.  A certificateholder

13  or registrant who passes the equivalency test in lieu of

14  taking the core curriculum courses shall receive full credit

15  for core curriculum course hours.

16         4.  The board shall require, by rule adopted pursuant

17  to ss. 120.536(1) and 120.54, a specified number of hours in

18  specialized or advanced module courses, approved by the

19  Florida Building Commission, on any portion of the Florida

20  Building Code, adopted pursuant to part VII of chapter 553,

21  relating to the contractor's respective discipline.

22         Section 59.  Subsection (1) of section 489.118, Florida

23  Statutes, is amended to read:

24         489.118  Certification of registered contractors;

25  grandfathering provisions.--The board shall, upon receipt of a

26  completed application and appropriate fee, issue a certificate

27  in the appropriate category to any contractor registered under

28  this part who makes application to the board and can show that

29  he or she meets each of the following requirements:

30         (1)  Currently holds a valid registered local license

31  in one of the contractor categories defined in s.


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                                          HB 1923, First Engrossed



  1  489.105(3)(a)-(p) or holds a valid registered local specialty

  2  license which substantially corresponds to a type of specialty

  3  contractor recognized for state certification pursuant to

  4  board rule under s. 489.113(6).

  5         Section 60.  Subsection (6) of section 489.507, Florida

  6  Statutes, is repealed.

  7         Section 61.  The Electrical Contractors' Licensing

  8  Board shall review its operations and its regular board

  9  meeting lengths and locations and develop a plan to reduce its

10  annual operating budget by $25,000, and shall submit the plan

11  to the Department of Business and Professional Regulation by

12  January 1, 2002.

13         Section 62.  Subsection (6) of section 489.511, Florida

14  Statutes, is amended to read:

15         489.511  Certification; application; examinations;

16  endorsement.--

17         (6)  The board shall certify as qualified for

18  certification by endorsement any individual who applies from a

19  state that has a mutual reciprocity endorsement agreement with

20  the board and applying for certification who:

21         (a)  meets the requirements for certification as set

22  forth in this section; has passed a national, regional, state,

23  or United States territorial licensing examination that is

24  substantially equivalent to the examination required by this

25  part; and has satisfied the requirements set forth in s.

26  489.521.; or

27         (b)  Holds a valid license to practice electrical or

28  alarm system contracting issued by another state or territory

29  of the United States, if the criteria for issuance of such

30  license was substantially equivalent to the certification

31


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                                          HB 1923, First Engrossed



  1  criteria that existed in this state at the time the

  2  certificate was issued.

  3         Section 63.  Paragraph (f) is added to subsection (3)

  4  of section 489.537, Florida Statutes, to read:

  5         489.537  Application of this part.--

  6         (3)  Nothing in this act limits the power of a

  7  municipality or county:

  8         (f)  To require that one electrical journeyman, who is

  9  a graduate of the Institute of Applied Technology in

10  Construction Excellence or licensed pursuant to s. 489.5335,

11  be present on an industrial or commercial new construction

12  site with a facility of 50,000 gross square feet or more when

13  electrical work in excess of 77 volts is being performed in

14  order to supervise or perform such work, except as provided in

15  s. 489.503.

16         Section 64.  Subsection (5) of section 498.005, Florida

17  Statutes, is amended to read:

18         498.005  Definitions.--As used in this chapter, unless

19  the context otherwise requires, the term:

20         (5)  "Division" means the Division of Real Estate

21  Florida Land Sales, Condominiums, and Mobile Homes of the

22  Department of Business and Professional Regulation.

23         Section 65.  Section 498.019, Florida Statutes, is

24  amended to read:

25         498.019  Professional Regulation Division of Florida

26  Land Sales, Condominiums, and Mobile Homes Trust Fund.--

27         (1)  There is created within the State Treasury the

28  Division of Florida Land Sales, Condominiums, and Mobile Homes

29  Trust Fund to be used for the administration and operation of

30  this chapter and chapters 718, 719, 721, and 723 by the

31  division.


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  1         (2)  All moneys collected by the division from fees,

  2  fines, or penalties or from costs awarded to the division by a

  3  court shall be paid into the Professional Regulation Division

  4  of Florida Land Sales, Condominiums, and Mobile Homes Trust

  5  Fund to be used to administer and enforce this chapter and

  6  rules adopted thereunder. The department shall maintain a

  7  separate account in the trust fund and shall administer the

  8  account pursuant to s. 455.219.  The Legislature shall

  9  appropriate funds from this trust fund sufficient to carry out

10  the provisions of this chapter and the provisions of law with

11  respect to each category of business covered by this trust

12  fund.  The division shall maintain separate revenue accounts

13  in the trust fund for each of the businesses regulated by the

14  division.  The division shall provide for the proportionate

15  allocation among the accounts of expenses incurred by the

16  division in the performance of its duties with respect to each

17  of these businesses.  As part of its normal budgetary process,

18  the division shall prepare an annual report of revenue and

19  allocated expenses related to the operation of each of these

20  businesses which may be used to determine fees charged by the

21  division.  This subsection shall operate pursuant to the

22  provisions of s. 215.20.

23         Section 66.  Subsection (5) of section 498.049, Florida

24  Statutes, is amended to read:

25         498.049  Suspension; revocation; civil penalties.--

26         (5)  Each person who materially participates in any

27  offer or disposition of any interest in subdivided lands in

28  violation of this chapter or relevant rules involving fraud,

29  deception, false pretenses, misrepresentation, or false

30  advertising or the disposition, concealment, or diversion of

31  any funds or assets of any person which adversely affects the


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  1  interests of a purchaser of any interest in subdivided lands,

  2  and who directly or indirectly controls a subdivider or is a

  3  general partner, officer, director, agent, or employee of a

  4  subdivider shall also be liable under this subsection jointly

  5  and severally with and to the same extent as the subdivider,

  6  unless that person did not know, and in the exercise of

  7  reasonable care could not have known, of the existence of the

  8  facts creating the alleged liability.  Among these persons a

  9  right of contribution shall exist, except that a creditor of a

10  subdivider shall not be jointly and severally liable unless

11  the creditor has assumed managerial or fiduciary

12  responsibility in a manner related to the basis for the

13  liability of the subdivider under this subsection.  Civil

14  penalties shall be limited to $10,000 for each offense, and

15  all amounts collected shall be deposited with the Treasurer to

16  the credit of the Professional Regulation Division of Florida

17  Land Sales, Condominiums, and Mobile Homes Trust Fund. No

18  order requiring the payment of a civil penalty shall become

19  effective until 20 days after the date of the order, unless

20  otherwise agreed in writing by the person on whom the penalty

21  is imposed.

22         Section 67.  Subsection (2) of section 190.009, Florida

23  Statutes, is amended to read:

24         190.009  Disclosure of public financing.--

25         (2)  The Division of Real Estate Florida Land Sales,

26  Condominiums, and Mobile Homes of the Department of Business

27  and Professional Regulation shall ensure that disclosures made

28  by developers pursuant to chapter 498 meet the requirements of

29  subsection (1).

30         Section 68.  The regulation of land sales pursuant to

31  chapter 498, Florida Statutes, shall remain under the


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  1  Department of Business and Professional Regulation but is

  2  reassigned from the Division of Florida Land Sales,

  3  Condominiums, and Mobile Homes to the Division of Real Estate.

  4  All funds collected by the department pursuant to this

  5  regulation and all funds in the account created within the

  6  Florida Land Sales, Condominiums, and Mobile Homes Trust Fund

  7  for the purpose of this regulation shall be deposited in an

  8  account created within the Professional Regulation Trust Fund

  9  for this same purpose.

10         Section 69.  Subsection (17) of section 718.103,

11  Florida Statutes, is amended to read:

12         718.103  Definitions.--As used in this chapter, the

13  term:

14         (17)  "Division" means the Division of Florida Land

15  Sales, Condominiums, Timeshare, and Mobile Homes of the

16  Department of Business and Professional Regulation.

17         Section 70.  Paragraph (c) of subsection (4) of section

18  718.105, Florida Statutes, is amended to read:

19         718.105  Recording of declaration.--

20         (4)

21         (c)  If the sum of money held by the clerk has not been

22  paid to the developer or association as provided in paragraph

23  (b) by 3 years after the date the declaration was originally

24  recorded, the clerk in his or her discretion may notify, in

25  writing, the registered agent of the association that the sum

26  is still available and the purpose for which it was deposited.

27  If the association does not record the certificate within 90

28  days after the clerk has given the notice, the clerk may

29  disburse the money to the developer. If the developer cannot

30  be located, the clerk shall disburse the money to the division

31  of Florida Land Sales, Condominiums, and Mobile Homes for


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  1  deposit in the Division of Florida Land Sales, Condominiums,

  2  Timeshare, and Mobile Homes Trust Fund.

  3         Section 71.  Section 718.1255, Florida Statutes, is

  4  amended to read:

  5         718.1255  Alternative dispute resolution; voluntary

  6  mediation; mandatory nonbinding arbitration and mediation;

  7  local resolution; exemptions; legislative findings.--

  8         (1)  APPLICABILITY DEFINITIONS.--

  9         (a)  The provisions of subsection (3) apply to As used

10  in this section, the term "dispute" means any disagreement

11  between two or more parties that involves:

12         (a)  The authority of the board of directors, under

13  this chapter or association document to:

14         1.  Require any owner to take any action, or not to

15  take any action, involving that owner's unit or the

16  appurtenances thereto.

17         2.  Alter or add to a common area or element.

18         (b)  the failure of a governing body, when required by

19  this chapter or an association document, to:

20         1.  properly conduct elections or to recall a board

21  member.

22         (b)  The provisions of paragraph (3)(f)-(n) apply to

23  any disagreement between two or more parties that involves:

24         1.  The authority of the board of directors, under this

25  chapter or an association document, to:

26         a.  Require any owner to take any action, or not to

27  take any action, involving that owner's unit or the

28  appurtenances thereto; or

29         b.  Alter or add to a common area or element.

30         2.  The failure of a governing body, when required by

31  this chapter or an association document, to:


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                                          HB 1923, First Engrossed



  1         a.2.  Give adequate notice of meetings or other

  2  actions;.

  3         b.3.  Properly conduct meetings; or.

  4         c.4.  Allow inspection of books and records.

  5

  6  "Dispute" does not include any disagreement that primarily

  7  involves: title to any unit or common element; the

  8  interpretation or enforcement of any warranty; the levy of a

  9  fee or assessment, or the collection of an assessment levied

10  against a party; the eviction or other removal of a tenant

11  from a unit; alleged breaches of fiduciary duty by one or more

12  directors; or claims for damages to a unit based upon the

13  alleged failure of the association to maintain the common

14  elements or condominium property.

15         (2)  VOLUNTARY MEDIATION.--Voluntary mediation through

16  Citizen Dispute Settlement Centers as provided for in s.

17  44.201 is encouraged.

18         (2)(3)  LEGISLATIVE FINDINGS.--

19         (a)  The Legislature finds that unit owners are

20  frequently at a disadvantage when litigating against an

21  association. Specifically, a condominium association, with its

22  statutory assessment authority, is often more able to bear the

23  costs and expenses of litigation than the unit owner who must

24  rely on his or her own financial resources to satisfy the

25  costs of litigation against the association.

26         (b)  The Legislature finds that the courts are becoming

27  overcrowded with condominium and other disputes, and further

28  finds that alternative dispute resolution has been making

29  progress in reducing court dockets and trials and in offering

30  a more efficient, cost-effective option to court litigation.

31  However, the Legislature also finds that alternative dispute


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                                          HB 1923, First Engrossed



  1  resolution should not be used as a mechanism to encourage the

  2  filing of frivolous or nuisance suits.

  3         (c)  There exists a need to develop a flexible means of

  4  alternative dispute resolution that directs disputes to the

  5  most efficient means of resolution.

  6         (d)  The high cost and significant delay of circuit

  7  court litigation faced by unit owners in the state can be

  8  alleviated by requiring nonbinding arbitration and mediation

  9  in appropriate cases, thereby reducing delay and attorney's

10  fees while preserving the right of either party to have its

11  case heard by a jury, if applicable, in a court of law.

12         (3)(4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION

13  OF DISPUTES.--The division of Florida Land Sales,

14  Condominiums, and Mobile Homes of the Department of Business

15  and Professional Regulation shall provide employ full-time

16  attorneys to act as arbitrators to conduct the arbitration

17  hearings as required provided by this chapter. The department

18  may employ attorneys to act as arbitrators, and the division

19  may also certify attorneys who are not employed by the

20  division to act as arbitrators to conduct the arbitration

21  hearings provided by this chapter section. No person may be

22  employed by the department as an a full-time arbitrator unless

23  he or she is a member in good standing of The Florida Bar. The

24  department shall promulgate rules of procedure to govern such

25  arbitration hearings including mediation incident thereto.

26  The decision of an arbitrator shall be final; however, such a

27  decision shall not be deemed final agency action. Nothing in

28  this provision shall be construed to foreclose parties from

29  proceeding in a trial de novo unless the parties have agreed

30  that the arbitration is binding. If such judicial proceedings

31


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                                          HB 1923, First Engrossed



  1  are initiated, the final decision of the arbitrator shall be

  2  admissible in evidence in the trial de novo.

  3         (a)  Prior to the institution of court litigation, a

  4  party to a dispute shall petition the division for nonbinding

  5  arbitration.  The petition must be accompanied by a filing fee

  6  in the amount of $50.  Filing fees collected under this

  7  section must be used to defray the expenses of the alternative

  8  dispute resolution program.

  9         (b)  The petition must recite, and have attached

10  thereto, supporting proof that the petitioner gave the

11  respondents:

12         1.  Advance written notice of the specific nature of

13  the dispute;

14         2.  A demand for relief, and a reasonable opportunity

15  to comply or to provide the relief; and

16         3.  Notice of the intention to file an arbitration

17  petition or other legal action in the absence of a resolution

18  of the dispute.

19

20  Failure to include the allegations or proof of compliance with

21  these prerequisites requires dismissal of the petition without

22  prejudice.

23         (c)  Upon receipt, the petition shall be promptly

24  reviewed by the division to determine the existence of a

25  dispute and compliance with the requirements of paragraphs (a)

26  and (b).  If emergency relief is required and is not available

27  through arbitration, a motion to stay the arbitration may be

28  filed.  The motion must be accompanied by a verified petition

29  alleging facts that, if proven, would support entry of a

30  temporary injunction, and if an appropriate motion and

31  supporting papers are filed, the division may abate the


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                                          HB 1923, First Engrossed



  1  arbitration pending a court hearing and disposition of a

  2  motion for temporary injunction.

  3         (d)  Upon determination by the division that a dispute

  4  exists and that the petition substantially meets the

  5  requirements of paragraphs (a) and (b) and any other

  6  applicable rules, a copy of the petition shall forthwith be

  7  served by the division upon all respondents.

  8         (e)  Either before or after the filing of the

  9  respondents' answer to the petition, any party may request

10  that the arbitrator refer the case to mediation under this

11  section and any rules adopted by the division.  Upon receipt

12  of a request for mediation, the division shall promptly

13  contact the parties to determine if there is agreement that

14  mediation would be appropriate.  If all parties agree, the

15  dispute must be referred to mediation. Notwithstanding a lack

16  of an agreement by all parties, the arbitrator may refer a

17  dispute to mediation at any time.

18         (f)  The arbitrator or the division may refer the

19  parties to a Citizens Dispute Settlement Center under s.

20  44.201 in the county in which the dispute arose Upon referral

21  of a case to mediation, or the parties may agree on must

22  select a mutually acceptable mediator.  To assist in the

23  selection, the arbitrator shall provide the parties with a

24  list of both volunteer and paid mediators that have been

25  certified by the division under s. 718.501.  If the parties

26  are unable to agree on a mediator within the time allowed by

27  the arbitrator or the division, the arbitrator or the division

28  shall appoint a mediator from the list of certified mediators.

29  If a case is referred to mediation, the parties shall attend a

30  mediation conference, as scheduled by the parties and the

31  mediator.  If any party fails to attend a duly noticed


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                                          HB 1923, First Engrossed



  1  mediation conference, without the permission or approval of

  2  the arbitrator or mediator, the arbitrator or the division may

  3  must impose sanctions against the party, including the

  4  striking of any pleadings filed, the entry of an order of

  5  dismissal or default if appropriate, and the award of costs

  6  and attorneys' fees incurred by the other parties. Unless

  7  otherwise agreed to by the parties or as provided by order of

  8  the arbitrator, a party is deemed to have appeared at a

  9  mediation conference by the physical presence of the party or

10  its representative having full authority to settle without

11  further consultation, provided that an association may comply

12  by having one or more representatives present with full

13  authority to negotiate a settlement and recommend that the

14  board of administration ratify and approve such a settlement

15  within 5 days from the date of the mediation conference. The

16  mediator or Citizens Dispute Settlement Center may charge fees

17  for handling these cases. The parties shall share equally the

18  expense of mediation, unless they agree otherwise.

19         (g)  The purpose of mediation as provided for by this

20  section is to present the parties with an opportunity to

21  resolve the underlying dispute in good faith, and with a

22  minimum expenditure of time and resources.

23         (h)  Mediation proceedings must generally be conducted

24  in accordance with the Florida Rules of Civil Procedure, and

25  these proceedings are privileged and confidential to the same

26  extent as court-ordered mediation. Persons who are not parties

27  to the dispute are not allowed to attend the mediation

28  conference without the consent of all parties, with the

29  exception of counsel for the parties and corporate

30  representatives designated to appear for a party.  If the case

31  was referred to mediation by an arbitrator and the mediator


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                                          HB 1923, First Engrossed



  1  declares an impasse after a mediation conference ends in an

  2  impasse has been held, the arbitration proceeding terminates,

  3  unless all parties agree in writing to continue the

  4  arbitration proceeding, in which case the arbitrator's

  5  decision shall be either binding or nonbinding, as agreed upon

  6  by the parties; in the arbitration proceeding, the arbitrator

  7  shall not consider any evidence relating to the unsuccessful

  8  mediation except in a proceeding to impose sanctions for

  9  failure to appear at the mediation conference. If the parties

10  do not agree to continue arbitration, the arbitrator shall

11  enter an order of dismissal, and either party may institute a

12  suit in a court of competent jurisdiction. If the case was

13  referred to mediation by the division and ends in an impasse,

14  either party may institute a suit in a court of competent

15  jurisdiction. The parties may seek to recover any costs and

16  attorneys' fees incurred in connection with arbitration and

17  mediation proceedings under this section as part of the costs

18  and fees that may be recovered by the prevailing party in any

19  subsequent litigation.

20         (i)  Arbitration shall be conducted according to rules

21  promulgated by the division. The filing of a petition for

22  arbitration shall toll the applicable statute of limitations.

23         (j)  At the request of any party to the arbitration,

24  such arbitrator shall issue subpoenas for the attendance of

25  witnesses and the production of books, records, documents, and

26  other evidence and any party on whose behalf a subpoena is

27  issued may apply to the court for orders compelling such

28  attendance and production. Subpoenas shall be served and shall

29  be enforceable in the manner provided by the Florida Rules of

30  Civil Procedure. Discovery may, in the discretion of the

31  arbitrator, be permitted in the manner provided by the Florida


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                                          HB 1923, First Engrossed



  1  Rules of Civil Procedure. Rules adopted by the division may

  2  authorize any reasonable sanctions except contempt for a

  3  violation of the arbitration procedural rules of the division

  4  or for the failure of a party to comply with a reasonable

  5  nonfinal order issued by an arbitrator which is not under

  6  judicial review.

  7         (k)  The arbitration decision shall be presented to the

  8  parties in writing. An arbitration decision is final in those

  9  disputes in which the parties have agreed to be bound.  An

10  arbitration decision is also final if a complaint for a trial

11  de novo is not filed in a court of competent jurisdiction in

12  which the condominium is located within 30 days. The right to

13  file for a trial de novo entitles the parties to file a

14  complaint in the appropriate trial court for a judicial

15  resolution of the dispute. The prevailing party in an

16  arbitration proceeding shall be awarded the costs of the

17  arbitration and reasonable attorney's fees in an amount

18  determined by the arbitrator. Such an award shall include the

19  costs and reasonable attorney's fees incurred in the

20  arbitration proceeding as well as the costs and reasonable

21  attorney's fees incurred in preparing for and attending any

22  scheduled mediation.

23         (l)  The party who files a complaint for a trial de

24  novo shall be assessed the other party's arbitration costs,

25  court costs, and other reasonable costs, including attorney's

26  fees, investigation expenses, and expenses for expert or other

27  testimony or evidence incurred after the arbitration hearing

28  if the judgment upon the trial de novo is not more favorable

29  than the arbitration decision. If the judgment is more

30  favorable, the party who filed a complaint for trial de novo

31  shall be awarded reasonable court costs and attorney's fees.


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                                          HB 1923, First Engrossed



  1         (m)  Any party to an arbitration proceeding may enforce

  2  an arbitration award by filing a petition in a court of

  3  competent jurisdiction in which the condominium is located. A

  4  petition may not be granted unless the time for appeal by the

  5  filing of a complaint for trial de novo has expired. If a

  6  complaint for a trial de novo has been filed, a petition may

  7  not be granted with respect to an arbitration award that has

  8  been stayed. If the petition for enforcement is granted, the

  9  petitioner shall recover reasonable attorney's fees and costs

10  incurred in enforcing the arbitration award.  A mediation

11  settlement may also be enforced through the county or circuit

12  court, as applicable, by the filing of a court case. and Any

13  costs and fees incurred in the enforcement of a settlement

14  agreement reached at mediation must be awarded to the

15  prevailing party in any enforcement action.

16         (n)  In the resolution of these cases on the local

17  level, past precedent of prior division arbitration decisions

18  shall be considered and followed where appropriate.

19         (4)  EXEMPTIONS.--A dispute is not subject to

20  resolution under this section if it includes any disagreement

21  that primarily involves:

22         (a)  Title to any unit or common element;

23         (b)  The interpretation or enforcement of any warranty;

24         (c)  The levy of a fee or assessment or the collection

25  of an assessment levied against a party;

26         (d)  The eviction or other removal of a tenant from a

27  unit;

28         (e)  Alleged breaches of fiduciary duty by one or more

29  directors; or

30

31


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                                          HB 1923, First Engrossed



  1         (f)  Claims for damages to a unit based upon the

  2  alleged failure of the association to maintain the common

  3  elements or condominium property.

  4         (5)  DISPUTES INVOLVING ELECTION IRREGULARITIES.--Every

  5  arbitration petition received by the division and required to

  6  be filed under this section challenging the legality of the

  7  election of any director of the board of administration shall

  8  be handled on an expedited basis in the manner provided by

  9  division rules for recall arbitration disputes.

10         Section 72.  The Division of Condominiums, Timeshare,

11  and Mobile Homes of the Department of Business and

12  Professional Regulation shall continue the arbitration of any

13  cases which qualified for arbitration on the date the case was

14  filed with the division and which were filed with the division

15  prior to the date on which this act becomes law.

16         Section 73.  There is appropriated 1 FTE and $440,626

17  from the Division of Condominiums, Timeshare, and Mobile Homes

18  Trust Fund to the Department of Business and Professional

19  Regulation for the purpose of investigating and resolving

20  disputes and dealing with compliance issues relating to

21  condominiums and cooperatives. This appropriation shall not

22  take effect if a similar amount of funding is included in the

23  various appropriations for compliance and enforcement in the

24  Florida Condominiums, Timeshare, and Mobile Homes program in

25  the fiscal year 2001-2002 General Appropriations Act.

26         Section 74.  Section 718.501, Florida Statutes, is

27  amended to read:

28         718.501  Powers and duties of Division of Florida Land

29  Sales, Condominiums, Timeshare, and Mobile Homes.--

30         (1)  The Division of Florida Land Sales, Condominiums,

31  Timeshare, and Mobile Homes of the Department of Business and


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                                          HB 1923, First Engrossed



  1  Professional Regulation, referred to as the "division" in this

  2  part, in addition to other powers and duties prescribed by

  3  chapter 498, has the power to enforce and ensure compliance

  4  with the provisions of this chapter and rules adopted

  5  promulgated pursuant hereto relating to the development,

  6  construction, sale, lease, ownership, operation, and

  7  management of residential condominium units. In performing its

  8  duties, the division has the following powers and duties:

  9         (a)  The division may make necessary public or private

10  investigations within or outside this state to determine

11  whether any person has violated this chapter or any rule or

12  order hereunder, to aid in the enforcement of this chapter, or

13  to aid in the adoption of rules or forms hereunder.

14         (b)  The division may require or permit any person to

15  file a statement in writing, under oath or otherwise, as the

16  division determines, as to the facts and circumstances

17  concerning a matter to be investigated.

18         (c)  For the purpose of any investigation under this

19  chapter, the division director or any officer or employee

20  designated by the division director may administer oaths or

21  affirmations, subpoena witnesses and compel their attendance,

22  take evidence, and require the production of any matter which

23  is relevant to the investigation, including the existence,

24  description, nature, custody, condition, and location of any

25  books, documents, or other tangible things and the identity

26  and location of persons having knowledge of relevant facts or

27  any other matter reasonably calculated to lead to the

28  discovery of material evidence. Upon the failure by a person

29  to obey a subpoena or to answer questions propounded by the

30  investigating officer and upon reasonable notice to all

31


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                                          HB 1923, First Engrossed



  1  persons affected thereby, the division may apply to the

  2  circuit court for an order compelling compliance.

  3         (d)  Notwithstanding any remedies available to unit

  4  owners and associations, if the division has reasonable cause

  5  to believe that a violation of any provision of this chapter

  6  or rule promulgated pursuant hereto has occurred, the division

  7  may institute enforcement proceedings in its own name against

  8  any developer, association, officer, or member of the board of

  9  administration, or its assignees or agents, as follows:

10         1.  The division may permit a person whose conduct or

11  actions may be under investigation to waive formal proceedings

12  and enter into a consent proceeding whereby orders, rules, or

13  letters of censure or warning, whether formal or informal, may

14  be entered against the person.

15         2.  The division may issue an order requiring the

16  developer, association, officer, or member of the board of

17  administration, or its assignees or agents, to cease and

18  desist from the unlawful practice and take such affirmative

19  action as in the judgment of the division will carry out the

20  purposes of this chapter. Such affirmative action may include,

21  but is not limited to, an order requiring a developer to pay

22  moneys determined to be owed to a condominium association.

23         3.  The division may bring an action in circuit court

24  on behalf of a class of unit owners, lessees, or purchasers

25  for declaratory relief, injunctive relief, or restitution.

26         4.  The division may impose a civil penalty against a

27  developer or association, or its assignee or agent, for any

28  violation of this chapter or a rule promulgated pursuant

29  hereto. The division may impose a civil penalty individually

30  against any officer or board member who willfully and

31  knowingly violates a provision of this chapter, a rule adopted


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                                          HB 1923, First Engrossed



  1  pursuant hereto, or a final order of the division. The term

  2  "willfully and knowingly" means that the division informed the

  3  officer or board member that his or her action or intended

  4  action violates this chapter, a rule adopted under this

  5  chapter, or a final order of the division and that the officer

  6  or board member refused to comply with the requirements of

  7  this chapter, a rule adopted under this chapter, or a final

  8  order of the division. The division, prior to initiating

  9  formal agency action under chapter 120, shall afford the

10  officer or board member an opportunity to voluntarily comply

11  with this chapter, a rule adopted under this chapter, or a

12  final order of the division. An officer or board member who

13  complies within 10 days is not subject to a civil penalty. A

14  penalty may be imposed on the basis of each day of continuing

15  violation, but in no event shall the penalty for any offense

16  exceed $5,000. By January 1, 1998, the division shall adopt,

17  by rule, penalty guidelines applicable to possible violations

18  or to categories of violations of this chapter or rules

19  adopted by the division. The guidelines must specify a

20  meaningful range of civil penalties for each such violation of

21  the statute and rules and must be based upon the harm caused

22  by the violation, the repetition of the violation, and upon

23  such other factors deemed relevant by the division. For

24  example, the division may consider whether the violations were

25  committed by a developer or owner-controlled association, the

26  size of the association, and other factors. The guidelines

27  must designate the possible mitigating or aggravating

28  circumstances that justify a departure from the range of

29  penalties provided by the rules. It is the legislative intent

30  that minor violations be distinguished from those which

31  endanger the health, safety, or welfare of the condominium


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                                          HB 1923, First Engrossed



  1  residents or other persons and that such guidelines provide

  2  reasonable and meaningful notice to the public of likely

  3  penalties that may be imposed for proscribed conduct. This

  4  subsection does not limit the ability of the division to

  5  informally dispose of administrative actions or complaints by

  6  stipulation, agreed settlement, or consent order. All amounts

  7  collected shall be deposited with the Treasurer to the credit

  8  of the Division of Florida Land Sales, Condominiums,

  9  Timeshare, and Mobile Homes Trust Fund. If a developer fails

10  to pay the civil penalty, the division shall thereupon issue

11  an order directing that such developer cease and desist from

12  further operation until such time as the civil penalty is paid

13  or may pursue enforcement of the penalty in a court of

14  competent jurisdiction. If an association fails to pay the

15  civil penalty, the division shall thereupon pursue enforcement

16  in a court of competent jurisdiction, and the order imposing

17  the civil penalty or the cease and desist order will not

18  become effective until 20 days after the date of such order.

19  Any action commenced by the division shall be brought in the

20  county in which the division has its executive offices or in

21  the county where the violation occurred.

22         (e)  The division is authorized to prepare and

23  disseminate a prospectus and other information to assist

24  prospective owners, purchasers, lessees, and developers of

25  residential condominiums in assessing the rights, privileges,

26  and duties pertaining thereto.

27         (f)  The division has authority to adopt rules pursuant

28  to ss. 120.536(1) and 120.54 to implement and enforce the

29  provisions of this chapter.

30         (g)  The division shall establish procedures for

31  providing notice to an association when the division is


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                                          HB 1923, First Engrossed



  1  considering the issuance of a declaratory statement with

  2  respect to the declaration of condominium or any related

  3  document governing in such condominium community.

  4         (h)  The division shall furnish each association which

  5  pays the fees required by paragraph (2)(a) a copy of this act,

  6  subsequent changes to this act on an annual basis, an amended

  7  version of this act as it becomes available from the Secretary

  8  of State's office on a biennial basis, and the rules

  9  promulgated pursuant thereto on an annual basis.

10         (i)  The division shall annually provide each

11  association with a summary of declaratory statements and

12  formal legal opinions relating to the operations of

13  condominiums which were rendered by the division during the

14  previous year.

15         (j)  The division shall provide training programs for

16  condominium association board members and unit owners.

17         (k)  The division shall maintain a toll-free telephone

18  number accessible to condominium unit owners.

19         (l)  The division shall develop a program to certify

20  both volunteer and paid mediators to provide mediation of

21  condominium disputes. The division shall provide, upon

22  request, a list of such mediators to any association, unit

23  owner, or other participant in arbitration proceedings under

24  s. 718.1255 requesting a copy of the list. The division shall

25  include on the list of volunteer mediators only the names of

26  persons who have received at least 20 hours of training in

27  mediation techniques or who have mediated at least 20

28  disputes. In order to become initially certified by the

29  division, paid mediators must be certified by the Supreme

30  Court to mediate court cases in either county or circuit

31  courts. However, the division may adopt, by rule, additional


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                                          HB 1923, First Engrossed



  1  factors for the certification of paid mediators, which factors

  2  must be related to experience, education, or background. Any

  3  person initially certified as a paid mediator by the division

  4  must, in order to continue to be certified, comply with the

  5  factors or requirements imposed by rules adopted by the

  6  division.

  7         (m)  When a complaint is made, the division shall

  8  conduct its inquiry with due regard to the interests of the

  9  affected parties. Within 30 days after receipt of a complaint,

10  the division shall acknowledge the complaint in writing and

11  notify the complainant whether the complaint is within the

12  jurisdiction of the division and whether additional

13  information is needed by the division from the complainant.

14  The division shall conduct its investigation and shall, within

15  90 days after receipt of the original complaint or of timely

16  requested additional information, take action upon the

17  complaint. However, the failure to complete the investigation

18  within 90 days does not prevent the division from continuing

19  the investigation, accepting or considering evidence obtained

20  or received after 90 days, or taking administrative action if

21  reasonable cause exists to believe that a violation of this

22  chapter or a rule of the division has occurred. If an

23  investigation is not completed within the time limits

24  established in this paragraph, the division shall, on a

25  monthly basis, notify the complainant in writing of the status

26  of the investigation. When reporting its action to the

27  complainant, the division shall inform the complainant of any

28  right to a hearing pursuant to ss. 120.569 and 120.57.

29         (2)(a)  Effective January 1, 1992, each condominium

30  association which operates more than two units shall pay to

31  the division an annual fee in the amount of $4 for each


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                                          HB 1923, First Engrossed



  1  residential unit in condominiums operated by the association.

  2  If the fee is not paid by March 1, then the association shall

  3  be assessed a penalty of 10 percent of the amount due, and the

  4  association will not have standing to maintain or defend any

  5  action in the courts of this state until the amount due, plus

  6  any penalty, is paid.

  7         (b)  All fees shall be deposited in the Division of

  8  Florida Land Sales, Condominiums, Timeshare, and Mobile Homes

  9  Trust Fund as provided by law.

10         Section 75.  Paragraph (a) of subsection (2) of section

11  718.502, Florida Statutes, is amended to read:

12         718.502  Filing prior to sale or lease.--

13         (2)(a)  Prior to filing as required by subsection (1),

14  and prior to acquiring an ownership, leasehold, or contractual

15  interest in the land upon which the condominium is to be

16  developed, a developer shall not offer a contract for purchase

17  of a unit or lease of a unit for more than 5 years. However,

18  the developer may accept deposits for reservations upon the

19  approval of a fully executed escrow agreement and reservation

20  agreement form properly filed with the division of Florida

21  Land Sales, Condominiums, and Mobile Homes. Each filing of a

22  proposed reservation program shall be accompanied by a filing

23  fee of $250. Reservations shall not be taken on a proposed

24  condominium unless the developer has an ownership, leasehold,

25  or contractual interest in the land upon which the condominium

26  is to be developed.  The division shall notify the developer

27  within 20 days of receipt of the reservation filing of any

28  deficiencies contained therein. Such notification shall not

29  preclude the determination of reservation filing deficiencies

30  at a later date, nor shall it relieve the developer of any

31  responsibility under the law.  The escrow agreement and the


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                                          HB 1923, First Engrossed



  1  reservation agreement form shall include a statement of the

  2  right of the prospective purchaser to an immediate unqualified

  3  refund of the reservation deposit moneys upon written request

  4  to the escrow agent by the prospective purchaser or the

  5  developer.

  6         Section 76.  Section 718.504, Florida Statutes, is

  7  amended to read:

  8         718.504  Prospectus or offering circular.--Every

  9  developer of a residential condominium which contains more

10  than 20 residential units, or which is part of a group of

11  residential condominiums which will be served by property to

12  be used in common by unit owners of more than 20 residential

13  units, shall prepare a prospectus or offering circular and

14  file it with the division of Florida Land Sales, Condominiums,

15  and Mobile Homes prior to entering into an enforceable

16  contract of purchase and sale of any unit or lease of a unit

17  for more than 5 years and shall furnish a copy of the

18  prospectus or offering circular to each buyer.  In addition to

19  the prospectus or offering circular, each buyer shall be

20  furnished a separate page entitled "Frequently Asked Questions

21  and Answers," which shall be in accordance with a format

22  approved by the division and a copy of the financial

23  information required by s. 718.111.  This page shall, in

24  readable language, inform prospective purchasers regarding

25  their voting rights and unit use restrictions, including

26  restrictions on the leasing of a unit; shall indicate whether

27  and in what amount the unit owners or the association is

28  obligated to pay rent or land use fees for recreational or

29  other commonly used facilities; shall contain a statement

30  identifying that amount of assessment which, pursuant to the

31  budget, would be levied upon each unit type, exclusive of any


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                                          HB 1923, First Engrossed



  1  special assessments, and which shall further identify the

  2  basis upon which assessments are levied, whether monthly,

  3  quarterly, or otherwise; shall state and identify any court

  4  cases in which the association is currently a party of record

  5  in which the association may face liability in excess of

  6  $100,000; and which shall further state whether membership in

  7  a recreational facilities association is mandatory, and if so,

  8  shall identify the fees currently charged per unit type.  The

  9  division shall by rule require such other disclosure as in its

10  judgment will assist prospective purchasers. The prospectus or

11  offering circular may include more than one condominium,

12  although not all such units are being offered for sale as of

13  the date of the prospectus or offering circular.  The

14  prospectus or offering circular must contain the following

15  information:

16         (1)  The front cover or the first page must contain

17  only:

18         (a)  The name of the condominium.

19         (b)  The following statements in conspicuous type:

20         1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS

21  IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM

22  UNIT.

23         2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

24  NATURE.  A PROSPECTIVE PURCHASER SHOULD REFER TO ALL

25  REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND

26  SALES MATERIALS.

27         3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS

28  CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER

29  TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR

30  CORRECT REPRESENTATIONS.

31


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                                          HB 1923, First Engrossed



  1         (2)  Summary:  The next page must contain all

  2  statements required to be in conspicuous type in the

  3  prospectus or offering circular.

  4         (3)  A separate index of the contents and exhibits of

  5  the prospectus.

  6         (4)  Beginning on the first page of the text (not

  7  including the summary and index), a description of the

  8  condominium, including, but not limited to, the following

  9  information:

10         (a)  Its name and location.

11         (b)  A description of the condominium property,

12  including, without limitation:

13         1.  The number of buildings, the number of units in

14  each building, the number of bathrooms and bedrooms in each

15  unit, and the total number of units, if the condominium is not

16  a phase condominium, or the maximum number of buildings that

17  may be contained within the condominium, the minimum and

18  maximum numbers of units in each building, the minimum and

19  maximum numbers of bathrooms and bedrooms that may be

20  contained in each unit, and the maximum number of units that

21  may be contained within the condominium, if the condominium is

22  a phase condominium.

23         2.  The page in the condominium documents where a copy

24  of the plot plan and survey of the condominium is located.

25         3.  The estimated latest date of completion of

26  constructing, finishing, and equipping.  In lieu of a date,

27  the description shall include a statement that the estimated

28  date of completion of the condominium is in the purchase

29  agreement and a reference to the article or paragraph

30  containing that information.

31


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                                          HB 1923, First Engrossed



  1         (c)  The maximum number of units that will use

  2  facilities in common with the condominium.  If the maximum

  3  number of units will vary, a description of the basis for

  4  variation and the minimum amount of dollars per unit to be

  5  spent for additional recreational facilities or enlargement of

  6  such facilities.  If the addition or enlargement of facilities

  7  will result in a material increase of a unit owner's

  8  maintenance expense or rental expense, if any, the maximum

  9  increase and limitations thereon shall be stated.

10         (5)(a)  A statement in conspicuous type describing

11  whether the condominium is created and being sold as fee

12  simple interests or as leasehold interests. If the condominium

13  is created or being sold on a leasehold, the location of the

14  lease in the disclosure materials shall be stated.

15         (b)  If timeshare estates are or may be created with

16  respect to any unit in the condominium, a statement in

17  conspicuous type stating that timeshare estates are created

18  and being sold in units in the condominium.

19         (6)  A description of the recreational and other

20  commonly used facilities that will be used only by unit owners

21  of the condominium, including, but not limited to, the

22  following:

23         (a)  Each room and its intended purposes, location,

24  approximate floor area, and capacity in numbers of people.

25         (b)  Each swimming pool, as to its general location,

26  approximate size and depths, approximate deck size and

27  capacity, and whether heated.

28         (c)  Additional facilities, as to the number of each

29  facility, its approximate location, approximate size, and

30  approximate capacity.

31


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                                          HB 1923, First Engrossed



  1         (d)  A general description of the items of personal

  2  property and the approximate number of each item of personal

  3  property that the developer is committing to furnish for each

  4  room or other facility or, in the alternative, a

  5  representation as to the minimum amount of expenditure that

  6  will be made to purchase the personal property for the

  7  facility.

  8         (e)  The estimated date when each room or other

  9  facility will be available for use by the unit owners.

10         (f)1.  An identification of each room or other facility

11  to be used by unit owners that will not be owned by the unit

12  owners or the association;

13         2.  A reference to the location in the disclosure

14  materials of the lease or other agreements providing for the

15  use of those facilities; and

16         3.  A description of the terms of the lease or other

17  agreements, including the length of the term; the rent

18  payable, directly or indirectly, by each unit owner, and the

19  total rent payable to the lessor, stated in monthly and annual

20  amounts for the entire term of the lease; and a description of

21  any option to purchase the property leased under any such

22  lease, including the time the option may be exercised, the

23  purchase price or how it is to be determined, the manner of

24  payment, and whether the option may be exercised for a unit

25  owner's share or only as to the entire leased property.

26         (g)  A statement as to whether the developer may

27  provide additional facilities not described above; their

28  general locations and types; improvements or changes that may

29  be made; the approximate dollar amount to be expended; and the

30  maximum additional common expense or cost to the individual

31


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                                          HB 1923, First Engrossed



  1  unit owners that may be charged during the first annual period

  2  of operation of the modified or added facilities.

  3

  4  Descriptions as to locations, areas, capacities, numbers,

  5  volumes, or sizes may be stated as approximations or minimums.

  6         (7)  A description of the recreational and other

  7  facilities that will be used in common with other

  8  condominiums, community associations, or planned developments

  9  which require the payment of the maintenance and expenses of

10  such facilities, either directly or indirectly, by the unit

11  owners.  The description shall include, but not be limited to,

12  the following:

13         (a)  Each building and facility committed to be built.

14         (b)  Facilities not committed to be built except under

15  certain conditions, and a statement of those conditions or

16  contingencies.

17         (c)  As to each facility committed to be built, or

18  which will be committed to be built upon the happening of one

19  of the conditions in paragraph (b), a statement of whether it

20  will be owned by the unit owners having the use thereof or by

21  an association or other entity which will be controlled by

22  them, or others, and the location in the exhibits of the lease

23  or other document providing for use of those facilities.

24         (d)  The year in which each facility will be available

25  for use by the unit owners or, in the alternative, the maximum

26  number of unit owners in the project at the time each of all

27  of the facilities is committed to be completed.

28         (e)  A general description of the items of personal

29  property, and the approximate number of each item of personal

30  property, that the developer is committing to furnish for each

31  room or other facility or, in the alternative, a


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                                          HB 1923, First Engrossed



  1  representation as to the minimum amount of expenditure that

  2  will be made to purchase the personal property for the

  3  facility.

  4         (f)  If there are leases, a description thereof,

  5  including the length of the term, the rent payable, and a

  6  description of any option to purchase.

  7

  8  Descriptions shall include location, areas, capacities,

  9  numbers, volumes, or sizes and may be stated as approximations

10  or minimums.

11         (8)  Recreation lease or associated club membership:

12         (a)  If any recreational facilities or other facilities

13  offered by the developer and available to, or to be used by,

14  unit owners are to be leased or have club membership

15  associated, the following statement in conspicuous type shall

16  be included:  THERE IS A RECREATIONAL FACILITIES LEASE

17  ASSOCIATED WITH THIS CONDOMINIUM; or, THERE IS A CLUB

18  MEMBERSHIP ASSOCIATED WITH THIS CONDOMINIUM.  There shall be a

19  reference to the location in the disclosure materials where

20  the recreation lease or club membership is described in

21  detail.

22         (b)  If it is mandatory that unit owners pay a fee,

23  rent, dues, or other charges under a recreational facilities

24  lease or club membership for the use of facilities, there

25  shall be in conspicuous type the applicable statement:

26         1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS

27  MANDATORY FOR UNIT OWNERS; or

28         2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF

29  OWNERSHIP, TO BE LESSEES UNDER THE RECREATIONAL FACILITIES

30  LEASE; or

31


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                                          HB 1923, First Engrossed



  1         3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE

  2  COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,

  3  REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES

  4  LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or

  5         4.  A similar statement of the nature of the

  6  organization or the manner in which the use rights are

  7  created, and that unit owners are required to pay.

  8

  9  Immediately following the applicable statement, the location

10  in the disclosure materials where the development is described

11  in detail shall be stated.

12         (c)  If the developer, or any other person other than

13  the unit owners and other persons having use rights in the

14  facilities, reserves, or is entitled to receive, any rent,

15  fee, or other payment for the use of the facilities, then

16  there shall be the following statement in conspicuous type:

17  THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND

18  USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES.

19  Immediately following this statement, the location in the

20  disclosure materials where the rent or land use fees are

21  described in detail shall be stated.

22         (d)  If, in any recreation format, whether leasehold,

23  club, or other, any person other than the association has the

24  right to a lien on the units to secure the payment of

25  assessments, rent, or other exactions, there shall appear a

26  statement in conspicuous type in substantially the following

27  form:

28         1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

29  SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE

30  RECREATION LEASE.  THE UNIT OWNER'S FAILURE TO MAKE THESE

31  PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or


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                                          HB 1923, First Engrossed



  1         2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

  2  SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING

  3  DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE

  4  RECREATIONAL OR COMMONLY USED FACILITIES.  THE UNIT OWNER'S

  5  FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF

  6  THE LIEN.

  7

  8  Immediately following the applicable statement, the location

  9  in the disclosure materials where the lien or lien right is

10  described in detail shall be stated.

11         (9)  If the developer or any other person has the right

12  to increase or add to the recreational facilities at any time

13  after the establishment of the condominium whose unit owners

14  have use rights therein, without the consent of the unit

15  owners or associations being required, there shall appear a

16  statement in conspicuous type in substantially the following

17  form:  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED

18  WITHOUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S).

19  Immediately following this statement, the location in the

20  disclosure materials where such reserved rights are described

21  shall be stated.

22         (10)  A statement of whether the developer's plan

23  includes a program of leasing units rather than selling them,

24  or leasing units and selling them subject to such leases.  If

25  so, there shall be a description of the plan, including the

26  number and identification of the units and the provisions and

27  term of the proposed leases, and a statement in boldfaced type

28  that:  THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.

29         (11)  The arrangements for management of the

30  association and maintenance and operation of the condominium

31  property and of other property that will serve the unit owners


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                                          HB 1923, First Engrossed



  1  of the condominium property, and a description of the

  2  management contract and all other contracts for these purposes

  3  having a term in excess of 1 year, including the following:

  4         (a)  The names of contracting parties.

  5         (b)  The term of the contract.

  6         (c)  The nature of the services included.

  7         (d)  The compensation, stated on a monthly and annual

  8  basis, and provisions for increases in the compensation.

  9         (e)  A reference to the volumes and pages of the

10  condominium documents and of the exhibits containing copies of

11  such contracts.

12

13  Copies of all described contracts shall be attached as

14  exhibits.  If there is a contract for the management of the

15  condominium property, then a statement in conspicuous type in

16  substantially the following form shall appear, identifying the

17  proposed or existing contract manager:  THERE IS (IS TO BE) A

18  CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH

19  (NAME OF THE CONTRACT MANAGER).  Immediately following this

20  statement, the location in the disclosure materials of the

21  contract for management of the condominium property shall be

22  stated.

23         (12)  If the developer or any other person or persons

24  other than the unit owners has the right to retain control of

25  the board of administration of the association for a period of

26  time which can exceed 1 year after the closing of the sale of

27  a majority of the units in that condominium to persons other

28  than successors or alternate developers, then a statement in

29  conspicuous type in substantially the following form shall be

30  included:  THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO

31  RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE


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                                          HB 1923, First Engrossed



  1  UNITS HAVE BEEN SOLD. Immediately following this statement,

  2  the location in the disclosure materials where this right to

  3  control is described in detail shall be stated.

  4         (13)  If there are any restrictions upon the sale,

  5  transfer, conveyance, or leasing of a unit, then a statement

  6  in conspicuous type in substantially the following form shall

  7  be included:  THE SALE, LEASE, OR TRANSFER OF UNITS IS

  8  RESTRICTED OR CONTROLLED.  Immediately following this

  9  statement, the location in the disclosure materials where the

10  restriction, limitation, or control on the sale, lease, or

11  transfer of units is described in detail shall be stated.

12         (14)  If the condominium is part of a phase project,

13  the following information shall be stated:

14         (a)  A statement in conspicuous type in substantially

15  the following form:  THIS IS A PHASE CONDOMINIUM.  ADDITIONAL

16  LAND AND UNITS MAY BE ADDED TO THIS CONDOMINIUM.  Immediately

17  following this statement, the location in the disclosure

18  materials where the phasing is described shall be stated.

19         (b)  A summary of the provisions of the declaration

20  which provide for the phasing.

21         (c)  A statement as to whether or not residential

22  buildings and units which are added to the condominium may be

23  substantially different from the residential buildings and

24  units originally in the condominium.  If the added residential

25  buildings and units may be substantially different, there

26  shall be a general description of the extent to which such

27  added residential buildings and units may differ, and a

28  statement in conspicuous type in substantially the following

29  form shall be included: BUILDINGS AND UNITS WHICH ARE ADDED TO

30  THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER

31  BUILDINGS AND UNITS IN THE CONDOMINIUM.  Immediately following


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                                          HB 1923, First Engrossed



  1  this statement, the location in the disclosure materials where

  2  the extent to which added residential buildings and units may

  3  substantially differ is described shall be stated.

  4         (d)  A statement of the maximum number of buildings

  5  containing units, the maximum and minimum numbers of units in

  6  each building, the maximum number of units, and the minimum

  7  and maximum square footage of the units that may be contained

  8  within each parcel of land which may be added to the

  9  condominium.

10         (15)  If the condominium is or may become part of a

11  multicondominium, the following information must be provided:

12         (a)  A statement in conspicuous type in substantially

13  the following form:  THIS CONDOMINIUM IS (MAY BE) PART OF A

14  MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL

15  (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately

16  following this statement, the location in the prospectus or

17  offering circular and its exhibits where the multicondominium

18  aspects of the offering are described must be stated.

19         (b)  A summary of the provisions in the declaration,

20  articles of incorporation, and bylaws which establish and

21  provide for the operation of the multicondominium, including a

22  statement as to whether unit owners in the condominium will

23  have the right to use recreational or other facilities located

24  or planned to be located in other condominiums operated by the

25  same association, and the manner of sharing the common

26  expenses related to such facilities.

27         (c)  A statement of the minimum and maximum number of

28  condominiums, and the minimum and maximum number of units in

29  each of those condominiums, which will or may be operated by

30  the association, and the latest date by which the exact number

31  will be finally determined.


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  1         (d)  A statement as to whether any of the condominiums

  2  in the multicondominium may include units intended to be used

  3  for nonresidential purposes and the purpose or purposes

  4  permitted for such use.

  5         (e)  A general description of the location and

  6  approximate acreage of any land on which any additional

  7  condominiums to be operated by the association may be located.

  8         (16)  If the condominium is created by conversion of

  9  existing improvements, the following information shall be

10  stated:

11         (a)  The information required by s. 718.616.

12         (b)  A caveat that there are no express warranties

13  unless they are stated in writing by the developer.

14         (17)  A summary of the restrictions, if any, to be

15  imposed on units concerning the use of any of the condominium

16  property, including statements as to whether there are

17  restrictions upon children and pets, and reference to the

18  volumes and pages of the condominium documents where such

19  restrictions are found, or if such restrictions are contained

20  elsewhere, then a copy of the documents containing the

21  restrictions shall be attached as an exhibit.

22         (18)  If there is any land that is offered by the

23  developer for use by the unit owners and that is neither owned

24  by them nor leased to them, the association, or any entity

25  controlled by unit owners and other persons having the use

26  rights to such land, a statement shall be made as to how such

27  land will serve the condominium.  If any part of such land

28  will serve the condominium, the statement shall describe the

29  land and the nature and term of service, and the declaration

30  or other instrument creating such servitude shall be included

31  as an exhibit.


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                                          HB 1923, First Engrossed



  1         (19)  The manner in which utility and other services,

  2  including, but not limited to, sewage and waste disposal,

  3  water supply, and storm drainage, will be provided and the

  4  person or entity furnishing them.

  5         (20)  An explanation of the manner in which the

  6  apportionment of common expenses and ownership of the common

  7  elements has been determined.

  8         (21)  An estimated operating budget for the condominium

  9  and the association, and a schedule of the unit owner's

10  expenses shall be attached as an exhibit and shall contain the

11  following information:

12         (a)  The estimated monthly and annual expenses of the

13  condominium and the association that are collected from unit

14  owners by assessments.

15         (b)  The estimated monthly and annual expenses of each

16  unit owner for a unit, other than common expenses paid by all

17  unit owners, payable by the unit owner to persons or entities

18  other than the association, as well as to the association,

19  including fees assessed pursuant to s. 718.113(1) for

20  maintenance of limited common elements where such costs are

21  shared only by those entitled to use the limited common

22  element, and the total estimated monthly and annual expense.

23  There may be excluded from this estimate expenses which are

24  not provided for or contemplated by the condominium documents,

25  including, but not limited to, the costs of private telephone;

26  maintenance of the interior of condominium units, which is not

27  the obligation of the association; maid or janitorial services

28  privately contracted for by the unit owners; utility bills

29  billed directly to each unit owner for utility services to his

30  or her unit; insurance premiums other than those incurred for

31  policies obtained by the condominium; and similar personal


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                                          HB 1923, First Engrossed



  1  expenses of the unit owner. A unit owner's estimated payments

  2  for assessments shall also be stated in the estimated amounts

  3  for the times when they will be due.

  4         (c)  The estimated items of expenses of the condominium

  5  and the association, except as excluded under paragraph (b),

  6  including, but not limited to, the following items, which

  7  shall be stated either as an association expense collectible

  8  by assessments or as unit owners' expenses payable to persons

  9  other than the association:

10         1.  Expenses for the association and condominium:

11         a.  Administration of the association.

12         b.  Management fees.

13         c.  Maintenance.

14         d.  Rent for recreational and other commonly used

15  facilities.

16         e.  Taxes upon association property.

17         f.  Taxes upon leased areas.

18         g.  Insurance.

19         h.  Security provisions.

20         i.  Other expenses.

21         j.  Operating capital.

22         k.  Reserves.

23         l.  Fees payable to the division.

24         2.  Expenses for a unit owner:

25         a.  Rent for the unit, if subject to a lease.

26         b.  Rent payable by the unit owner directly to the

27  lessor or agent under any recreational lease or lease for the

28  use of commonly used facilities, which use and payment is a

29  mandatory condition of ownership and is not included in the

30  common expense or assessments for common maintenance paid by

31  the unit owners to the association.


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                                          HB 1923, First Engrossed



  1         (d)  The estimated amounts shall be stated for a period

  2  of at least 12 months and may distinguish between the period

  3  prior to the time unit owners other than the developer elect a

  4  majority of the board of administration and the period after

  5  that date.

  6         (22)  A schedule of estimated closing expenses to be

  7  paid by a buyer or lessee of a unit and a statement of whether

  8  title opinion or title insurance policy is available to the

  9  buyer and, if so, at whose expense.

10         (23)  The identity of the developer and the chief

11  operating officer or principal directing the creation and sale

12  of the condominium and a statement of its and his or her

13  experience in this field.

14         (24)  Copies of the following, to the extent they are

15  applicable, shall be included as exhibits:

16         (a)  The declaration of condominium, or the proposed

17  declaration if the declaration has not been recorded.

18         (b)  The articles of incorporation creating the

19  association.

20         (c)  The bylaws of the association.

21         (d)  The ground lease or other underlying lease of the

22  condominium.

23         (e)  The management agreement and all maintenance and

24  other contracts for management of the association and

25  operation of the condominium and facilities used by the unit

26  owners having a service term in excess of 1 year.

27         (f)  The estimated operating budget for the condominium

28  and the required schedule of unit owners' expenses.

29         (g)  A copy of the floor plan of the unit and the plot

30  plan showing the location of the residential buildings and the

31  recreation and other common areas.


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                                          HB 1923, First Engrossed



  1         (h)  The lease of recreational and other facilities

  2  that will be used only by unit owners of the subject

  3  condominium.

  4         (i)  The lease of facilities used by owners and others.

  5         (j)  The form of unit lease, if the offer is of a

  6  leasehold.

  7         (k)  A declaration of servitude of properties serving

  8  the condominium but not owned by unit owners or leased to them

  9  or the association.

10         (l)  The statement of condition of the existing

11  building or buildings, if the offering is of units in an

12  operation being converted to condominium ownership.

13         (m)  The statement of inspection for termite damage and

14  treatment of the existing improvements, if the condominium is

15  a conversion.

16         (n)  The form of agreement for sale or lease of units.

17         (o)  A copy of the agreement for escrow of payments

18  made to the developer prior to closing.

19         (p)  A copy of the documents containing any

20  restrictions on use of the property required by subsection

21  (16).

22         (25)  Any prospectus or offering circular complying,

23  prior to the effective date of this act, with the provisions

24  of former ss. 711.69 and 711.802 may continue to be used

25  without amendment or may be amended to comply with the

26  provisions of this chapter.

27         (26)  A brief narrative description of the location and

28  effect of all existing and intended easements located or to be

29  located on the condominium property other than those described

30  in the declaration.

31


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                                          HB 1923, First Engrossed



  1         (27)  If the developer is required by state or local

  2  authorities to obtain acceptance or approval of any dock or

  3  marina facilities intended to serve the condominium, a copy of

  4  any such acceptance or approval acquired by the time of filing

  5  with the division under s. 718.502(1) or a statement that such

  6  acceptance or approval has not been acquired or received.

  7         (28)  Evidence demonstrating that the developer has an

  8  ownership, leasehold, or contractual interest in the land upon

  9  which the condominium is to be developed.

10         Section 77.  Section 718.508, Florida Statutes, is

11  amended to read:

12         718.508  Regulation by Division of Hotels and

13  Restaurants.--In addition to the authority, regulation, or

14  control exercised by the Division of Florida Land Sales,

15  Condominiums, Timeshare, and Mobile Homes pursuant to this act

16  with respect to condominiums, buildings included in a

17  condominium property shall be subject to the authority,

18  regulation, or control of the Division of Hotels and

19  Restaurants of the Department of Business and Professional

20  Regulation, to the extent provided for in chapter 399.

21         Section 78.  Section 718.509, Florida Statutes, is

22  amended to read:

23         718.509  Division of Florida Land Sales, Condominiums,

24  Timeshare, and Mobile Homes Trust Fund.--

25         (1)  There is created within the State Treasury the

26  Division of Condominiums, Timeshare, and Mobile Homes Trust

27  Fund, to be used for the administration and operation of this

28  chapter and chapters 719, 721, and 723 by the division.

29         (2)  All funds collected by the division and any amount

30  paid for a fee or penalty under this chapter shall be

31  deposited in the State Treasury to the credit of the Division


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                                          HB 1923, First Engrossed



  1  of Florida Land Sales, Condominiums, Timeshare, and Mobile

  2  Homes Trust Fund created by s. 718.509 498.019. The division

  3  shall maintain separate revenue accounts in the trust fund for

  4  each business regulated by the division, and shall provide for

  5  the proportionate allocation among the accounts of expenses

  6  incurred in the performance of its duties for each of these

  7  businesses. As part of its normal budgetary process, the

  8  division shall prepare an annual report of revenue and

  9  allocated expenses related to the operation of each of these

10  businesses, which may be used to determine fees charged by the

11  division. The provisions of s. 215.20 apply to the trust fund.

12         Section 79.  Paragraph (a) of subsection (2) of section

13  718.608, Florida Statutes, is amended to read:

14         718.608  Notice of intended conversion; time of

15  delivery; content.--

16         (2)(a)  Each notice of intended conversion shall be

17  dated and in writing.  The notice shall contain the following

18  statement, with the phrases of the following statement which

19  appear in upper case printed in conspicuous type:

20

21         These apartments are being converted to condominium by

22  ...(name of developer)..., the developer.

23         1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION

24  OF YOUR RENTAL AGREEMENT.  FURTHER, YOU MAY EXTEND YOUR RENTAL

25  AGREEMENT AS FOLLOWS:

26         a.  If you have continuously been a resident of these

27  apartments during the last 180 days and your rental agreement

28  expires during the next 270 days, you may extend your rental

29  agreement for up to 270 days after the date of this notice.

30         b.  If you have not been a continuous resident of these

31  apartments for the last 180 days and your rental agreement


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                                          HB 1923, First Engrossed



  1  expires during the next 180 days, you may extend your rental

  2  agreement for up to 180 days after the date of this notice.

  3         c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT,

  4  YOU MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS

  5  AFTER THE DATE OF THIS NOTICE.

  6         2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45

  7  DAYS, you may extend your rental agreement for up to 45 days

  8  after the date of this notice while you decide whether to

  9  extend your rental agreement as explained above.  To do so,

10  you must notify the developer in writing.  You will then have

11  the full 45 days to decide whether to extend your rental

12  agreement as explained above.

13         3.  During the extension of your rental agreement you

14  will be charged the same rent that you are now paying.

15         4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY

16  EXTENSION OF THE RENTAL AGREEMENT AS FOLLOWS:

17         a.  If your rental agreement began or was extended or

18  renewed after May 1, 1980, and your rental agreement,

19  including extensions and renewals, has an unexpired term of

20  180 days or less, you may cancel your rental agreement upon 30

21  days' written notice and move.  Also, upon 30 days' written

22  notice, you may cancel any extension of the rental agreement.

23         b.  If your rental agreement was not begun or was not

24  extended or renewed after May 1, 1980, you may not cancel the

25  rental agreement without the consent of the developer.  If

26  your rental agreement, including extensions and renewals, has

27  an unexpired term of 180 days or less, you may, however, upon

28  30 days' written notice cancel any extension of the rental

29  agreement.

30         5.  All notices must be given in writing and sent by

31  mail, return receipt requested, or delivered in person to the


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                                          HB 1923, First Engrossed



  1  developer at this address:  ...(name and address of

  2  developer)....

  3         6.  If you have continuously been a resident of these

  4  apartments during the last 180 days:

  5         a.  You have the right to purchase your apartment and

  6  will have 45 days to decide whether to purchase.  If you do

  7  not buy the unit at that price and the unit is later offered

  8  at a lower price, you will have the opportunity to buy the

  9  unit at the lower price.  However, in all events your right to

10  purchase the unit ends when the rental agreement or any

11  extension of the rental agreement ends or when you waive this

12  right in writing.

13         b.  Within 90 days you will be provided purchase

14  information relating to your apartment, including the price of

15  your unit and the condition of the building.  If you do not

16  receive this information within 90 days, your rental agreement

17  and any extension will be extended 1 day for each day over 90

18  days until you are given the purchase information.  If you do

19  not want this rental agreement extension, you must notify the

20  developer in writing.

21         7.  If you have any questions regarding this conversion

22  or the Condominium Act, you may contact the developer or the

23  state agency which regulates condominiums:  The Division of

24  Florida Land Sales, Condominiums, Timeshare, and Mobile Homes,

25  ...(Tallahassee address and telephone number of division)....

26         Section 80.  Subsection (17) of section 719.103,

27  Florida Statutes, is amended to read:

28         719.103  Definitions.--As used in this chapter:

29         (17)  "Division" means the Division of Florida Land

30  Sales, Condominiums, Timeshare, and Mobile Homes of the

31  Department of Business and Professional Regulation.


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                                          HB 1923, First Engrossed



  1         Section 81.  Section 719.1255, Florida Statutes, is

  2  amended to read:

  3         719.1255  Alternative resolution of disputes.--The

  4  division of Florida Land Sales, Condominiums, and Mobile Homes

  5  of the Department of Business and Professional Regulation

  6  shall provide for alternative dispute resolution in accordance

  7  with s. 718.1255.

  8         Section 82.  Section 719.501, Florida Statutes, is

  9  amended to read:

10         719.501  Powers and duties of Division of Florida Land

11  Sales, Condominiums, Timeshare, and Mobile Homes.--

12         (1)  The Division of Florida Land Sales, Condominiums,

13  Timeshare, and Mobile Homes of the Department of Business and

14  Professional Regulation, referred to as the "division" in this

15  part, in addition to other powers and duties prescribed by

16  chapter 498, has the power to enforce and ensure compliance

17  with the provisions of this chapter and rules adopted

18  promulgated pursuant hereto relating to the development,

19  construction, sale, lease, ownership, operation, and

20  management of residential cooperative units. In performing its

21  duties, the division shall have the following powers and

22  duties:

23         (a)  The division may make necessary public or private

24  investigations within or outside this state to determine

25  whether any person has violated this chapter or any rule or

26  order hereunder, to aid in the enforcement of this chapter, or

27  to aid in the adoption of rules or forms hereunder.

28         (b)  The division may require or permit any person to

29  file a statement in writing, under oath or otherwise, as the

30  division determines, as to the facts and circumstances

31  concerning a matter to be investigated.


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                                          HB 1923, First Engrossed



  1         (c)  For the purpose of any investigation under this

  2  chapter, the division director or any officer or employee

  3  designated by the division director may administer oaths or

  4  affirmations, subpoena witnesses and compel their attendance,

  5  take evidence, and require the production of any matter which

  6  is relevant to the investigation, including the existence,

  7  description, nature, custody, condition, and location of any

  8  books, documents, or other tangible things and the identity

  9  and location of persons having knowledge of relevant facts or

10  any other matter reasonably calculated to lead to the

11  discovery of material evidence. Upon failure by a person to

12  obey a subpoena or to answer questions propounded by the

13  investigating officer and upon reasonable notice to all

14  persons affected thereby, the division may apply to the

15  circuit court for an order compelling compliance.

16         (d)  Notwithstanding any remedies available to unit

17  owners and associations, if the division has reasonable cause

18  to believe that a violation of any provision of this chapter

19  or rule promulgated pursuant hereto has occurred, the division

20  may institute enforcement proceedings in its own name against

21  a developer, association, officer, or member of the board, or

22  its assignees or agents, as follows:

23         1.  The division may permit a person whose conduct or

24  actions may be under investigation to waive formal proceedings

25  and enter into a consent proceeding whereby orders, rules, or

26  letters of censure or warning, whether formal or informal, may

27  be entered against the person.

28         2.  The division may issue an order requiring the

29  developer, association, officer, or member of the board, or

30  its assignees or agents, to cease and desist from the unlawful

31  practice and take such affirmative action as in the judgment


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                                          HB 1923, First Engrossed



  1  of the division will carry out the purposes of this chapter.

  2  Such affirmative action may include, but is not limited to, an

  3  order requiring a developer to pay moneys determined to be

  4  owed to a condominium association.

  5         3.  The division may bring an action in circuit court

  6  on behalf of a class of unit owners, lessees, or purchasers

  7  for declaratory relief, injunctive relief, or restitution.

  8         4.  The division may impose a civil penalty against a

  9  developer or association, or its assignees or agents, for any

10  violation of this chapter or a rule promulgated pursuant

11  hereto. The division may impose a civil penalty individually

12  against any officer or board member who willfully and

13  knowingly violates a provision of this chapter, a rule adopted

14  pursuant to this chapter, or a final order of the division.

15  The term "willfully and knowingly" means that the division

16  informed the officer or board member that his or her action or

17  intended action violates this chapter, a rule adopted under

18  this chapter, or a final order of the division, and that the

19  officer or board member refused to comply with the

20  requirements of this chapter, a rule adopted under this

21  chapter, or a final order of the division. The division, prior

22  to initiating formal agency action under chapter 120, shall

23  afford the officer or board member an opportunity to

24  voluntarily comply with this chapter, a rule adopted under

25  this chapter, or a final order of the division. An officer or

26  board member who complies within 10 days is not subject to a

27  civil penalty. A penalty may be imposed on the basis of each

28  day of continuing violation, but in no event shall the penalty

29  for any offense exceed $5,000. By January 1, 1998, the

30  division shall adopt, by rule, penalty guidelines applicable

31  to possible violations or to categories of violations of this


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                                          HB 1923, First Engrossed



  1  chapter or rules adopted by the division. The guidelines must

  2  specify a meaningful range of civil penalties for each such

  3  violation of the statute and rules and must be based upon the

  4  harm caused by the violation, the repetition of the violation,

  5  and upon such other factors deemed relevant by the division.

  6  For example, the division may consider whether the violations

  7  were committed by a developer or owner-controlled association,

  8  the size of the association, and other factors. The guidelines

  9  must designate the possible mitigating or aggravating

10  circumstances that justify a departure from the range of

11  penalties provided by the rules. It is the legislative intent

12  that minor violations be distinguished from those which

13  endanger the health, safety, or welfare of the cooperative

14  residents or other persons and that such guidelines provide

15  reasonable and meaningful notice to the public of likely

16  penalties that may be imposed for proscribed conduct. This

17  subsection does not limit the ability of the division to

18  informally dispose of administrative actions or complaints by

19  stipulation, agreed settlement, or consent order. All amounts

20  collected shall be deposited with the Treasurer to the credit

21  of the Division of Florida Land Sales, Condominiums,

22  Timeshare, and Mobile Homes Trust Fund. If a developer fails

23  to pay the civil penalty, the division shall thereupon issue

24  an order directing that such developer cease and desist from

25  further operation until such time as the civil penalty is paid

26  or may pursue enforcement of the penalty in a court of

27  competent jurisdiction. If an association fails to pay the

28  civil penalty, the division shall thereupon pursue enforcement

29  in a court of competent jurisdiction, and the order imposing

30  the civil penalty or the cease and desist order shall not

31  become effective until 20 days after the date of such order.


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                                          HB 1923, First Engrossed



  1  Any action commenced by the division shall be brought in the

  2  county in which the division has its executive offices or in

  3  the county where the violation occurred.

  4         (e)  The division is authorized to prepare and

  5  disseminate a prospectus and other information to assist

  6  prospective owners, purchasers, lessees, and developers of

  7  residential cooperatives in assessing the rights, privileges,

  8  and duties pertaining thereto.

  9         (f)  The division has authority to adopt rules pursuant

10  to ss. 120.536(1) and 120.54 to implement and enforce the

11  provisions of this chapter.

12         (g)  The division shall establish procedures for

13  providing notice to an association when the division is

14  considering the issuance of a declaratory statement with

15  respect to the cooperative documents governing such

16  cooperative community.

17         (h)  The division shall furnish each association which

18  pays the fees required by paragraph (2)(a) a copy of this act,

19  subsequent changes to this act on an annual basis, an amended

20  version of this act as it becomes available from the Secretary

21  of State's office on a biennial basis, and the rules

22  promulgated pursuant thereto on an annual basis.

23         (i)  The division shall annually provide each

24  association with a summary of declaratory statements and

25  formal legal opinions relating to the operations of

26  cooperatives which were rendered by the division during the

27  previous year.

28         (j)  The division shall adopt uniform accounting

29  principles, policies, and standards to be used by all

30  associations in the preparation and presentation of all

31  financial statements required by this chapter. The principles,


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                                          HB 1923, First Engrossed



  1  policies, and standards shall take into consideration the size

  2  of the association and the total revenue collected by the

  3  association.

  4         (k)  The division shall provide training programs for

  5  cooperative association board members and unit owners.

  6         (l)  The division shall maintain a toll-free telephone

  7  number accessible to cooperative unit owners.

  8         (m)  When a complaint is made to the division, the

  9  division shall conduct its inquiry with reasonable dispatch

10  and with due regard to the interests of the affected parties.

11  Within 30 days after receipt of a complaint, the division

12  shall acknowledge the complaint in writing and notify the

13  complainant whether the complaint is within the jurisdiction

14  of the division and whether additional information is needed

15  by the division from the complainant. The division shall

16  conduct its investigation and shall, within 90 days after

17  receipt of the original complaint or timely requested

18  additional information, take action upon the complaint.

19  However, the failure to complete the investigation within 90

20  days does not prevent the division from continuing the

21  investigation, accepting or considering evidence obtained or

22  received after 90 days, or taking administrative action if

23  reasonable cause exists to believe that a violation of this

24  chapter or a rule of the division has occurred. If an

25  investigation is not completed within the time limits

26  established in this paragraph, the division shall, on a

27  monthly basis, notify the complainant in writing of the status

28  of the investigation. When reporting its action to the

29  complainant, the division shall inform the complainant of any

30  right to a hearing pursuant to ss. 120.569 and 120.57.

31


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                                          HB 1923, First Engrossed



  1         (n)  The division shall develop a program to certify

  2  both volunteer and paid mediators to provide mediation of

  3  cooperative disputes. The division shall provide, upon

  4  request, a list of such mediators to any association, unit

  5  owner, or other participant in arbitration proceedings under

  6  s. 718.1255 requesting a copy of the list. The division shall

  7  include on the list of voluntary mediators only persons who

  8  have received at least 20 hours of training in mediation

  9  techniques or have mediated at least 20 disputes. In order to

10  become initially certified by the division, paid mediators

11  must be certified by the Supreme Court to mediate court cases

12  in either county or circuit courts. However, the division may

13  adopt, by rule, additional factors for the certification of

14  paid mediators, which factors must be related to experience,

15  education, or background. Any person initially certified as a

16  paid mediator by the division must, in order to continue to be

17  certified, comply with the factors or requirements imposed by

18  rules adopted by the division.

19         (2)(a)  Each cooperative association shall pay to the

20  division, on or before January 1 of each year, an annual fee

21  in the amount of $4 for each residential unit in cooperatives

22  operated by the association.  If the fee is not paid by March

23  1, then the association shall be assessed a penalty of 10

24  percent of the amount due, and the association shall not have

25  the standing to maintain or defend any action in the courts of

26  this state until the amount due is paid.

27         (b)  All fees shall be deposited in the Division of

28  Florida Land Sales, Condominiums, Timeshare, and Mobile Homes

29  Trust Fund as provided by law.

30         Section 83.  Paragraph (a) of subsection (2) of section

31  719.502, Florida Statutes, is amended to read:


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                                          HB 1923, First Engrossed



  1         719.502  Filing prior to sale or lease.--

  2         (2)(a)  Prior to filing as required by subsection (1),

  3  and prior to acquiring an ownership, leasehold, or contractual

  4  interest in the land upon which the cooperative is to be

  5  developed, a developer shall not offer a contract for purchase

  6  or lease of a unit for more than 5 years.  However, the

  7  developer may accept deposits for reservations upon the

  8  approval of a fully executed escrow agreement and reservation

  9  agreement form properly filed with the division of Florida

10  Land Sales, Condominiums, and Mobile Homes.  Each filing of a

11  proposed reservation program shall be accompanied by a filing

12  fee of $250.  Reservations shall not be taken on a proposed

13  cooperative unless the developer has an ownership, leasehold,

14  or contractual interest in the land upon which the cooperative

15  is to be developed.  The division shall notify the developer

16  within 20 days of receipt of the reservation filing of any

17  deficiencies contained therein.  Such notification shall not

18  preclude the determination of reservation filing deficiencies

19  at a later date, nor shall it relieve the developer of any

20  responsibility under the law.  The escrow agreement and the

21  reservation agreement form shall include a statement of the

22  right of the prospective purchaser to an immediate unqualified

23  refund of the reservation deposit moneys upon written request

24  to the escrow agent by the prospective purchaser or the

25  developer.

26         Section 84.  Section 719.504, Florida Statutes, is

27  amended to read:

28         719.504  Prospectus or offering circular.--Every

29  developer of a residential cooperative which contains more

30  than 20 residential units, or which is part of a group of

31  residential cooperatives which will be served by property to


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                                          HB 1923, First Engrossed



  1  be used in common by unit owners of more than 20 residential

  2  units, shall prepare a prospectus or offering circular and

  3  file it with the division of Florida Land Sales, Condominiums,

  4  and Mobile Homes prior to entering into an enforceable

  5  contract of purchase and sale of any unit or lease of a unit

  6  for more than 5 years and shall furnish a copy of the

  7  prospectus or offering circular to each buyer.  In addition to

  8  the prospectus or offering circular, each buyer shall be

  9  furnished a separate page entitled "Frequently Asked Questions

10  and Answers," which must be in accordance with a format

11  approved by the division.  This page must, in readable

12  language:  inform prospective purchasers regarding their

13  voting rights and unit use restrictions, including

14  restrictions on the leasing of a unit; indicate whether and in

15  what amount the unit owners or the association is obligated to

16  pay rent or land use fees for recreational or other commonly

17  used facilities; contain a statement identifying that amount

18  of assessment which, pursuant to the budget, would be levied

19  upon each unit type, exclusive of any special assessments, and

20  which identifies the basis upon which assessments are levied,

21  whether monthly, quarterly, or otherwise; state and identify

22  any court cases in which the association is currently a party

23  of record in which the association may face liability in

24  excess of $100,000; and state whether membership in a

25  recreational facilities association is mandatory and, if so,

26  identify the fees currently charged per unit type.  The

27  division shall by rule require such other disclosure as in its

28  judgment will assist prospective purchasers. The prospectus or

29  offering circular may include more than one cooperative,

30  although not all such units are being offered for sale as of

31  the date of the prospectus or offering circular.  The


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                                          HB 1923, First Engrossed



  1  prospectus or offering circular must contain the following

  2  information:

  3         (1)  The front cover or the first page must contain

  4  only:

  5         (a)  The name of the cooperative.

  6         (b)  The following statements in conspicuous type:

  7         1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS

  8  IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE

  9  UNIT.

10         2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

11  NATURE.  A PROSPECTIVE PURCHASER SHOULD REFER TO ALL

12  REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND

13  SALES MATERIALS.

14         3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS

15  CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER.  REFER

16  TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR

17  CORRECT REPRESENTATIONS.

18         (2)  Summary:  The next page must contain all

19  statements required to be in conspicuous type in the

20  prospectus or offering circular.

21         (3)  A separate index of the contents and exhibits of

22  the prospectus.

23         (4)  Beginning on the first page of the text (not

24  including the summary and index), a description of the

25  cooperative, including, but not limited to, the following

26  information:

27         (a)  Its name and location.

28         (b)  A description of the cooperative property,

29  including, without limitation:

30         1.  The number of buildings, the number of units in

31  each building, the number of bathrooms and bedrooms in each


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                                          HB 1923, First Engrossed



  1  unit, and the total number of units, if the cooperative is not

  2  a phase cooperative; or, if the cooperative is a phase

  3  cooperative, the maximum number of buildings that may be

  4  contained within the cooperative, the minimum and maximum

  5  number of units in each building, the minimum and maximum

  6  number of bathrooms and bedrooms that may be contained in each

  7  unit, and the maximum number of units that may be contained

  8  within the cooperative.

  9         2.  The page in the cooperative documents where a copy

10  of the survey and plot plan of the cooperative is located.

11         3.  The estimated latest date of completion of

12  constructing, finishing, and equipping.  In lieu of a date, a

13  statement that the estimated date of completion of the

14  cooperative is in the purchase agreement and a reference to

15  the article or paragraph containing that information.

16         (c)  The maximum number of units that will use

17  facilities in common with the cooperative.  If the maximum

18  number of units will vary, a description of the basis for

19  variation and the minimum amount of dollars per unit to be

20  spent for additional recreational facilities or enlargement of

21  such facilities.  If the addition or enlargement of facilities

22  will result in a material increase of a unit owner's

23  maintenance expense or rental expense, if any, the maximum

24  increase and limitations thereon shall be stated.

25         (5)(a)  A statement in conspicuous type describing

26  whether the cooperative is created and being sold as fee

27  simple interests or as leasehold interests.  If the

28  cooperative is created or being sold on a leasehold, the

29  location of the lease in the disclosure materials shall be

30  stated.

31


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                                          HB 1923, First Engrossed



  1         (b)  If timeshare estates are or may be created with

  2  respect to any unit in the cooperative, a statement in

  3  conspicuous type stating that timeshare estates are created

  4  and being sold in such specified units in the cooperative.

  5         (6)  A description of the recreational and other common

  6  areas that will be used only by unit owners of the

  7  cooperative, including, but not limited to, the following:

  8         (a)  Each room and its intended purposes, location,

  9  approximate floor area, and capacity in numbers of people.

10         (b)  Each swimming pool, as to its general location,

11  approximate size and depths, approximate deck size and

12  capacity, and whether heated.

13         (c)  Additional facilities, as to the number of each

14  facility, its approximate location, approximate size, and

15  approximate capacity.

16         (d)  A general description of the items of personal

17  property and the approximate number of each item of personal

18  property that the developer is committing to furnish for each

19  room or other facility or, in the alternative, a

20  representation as to the minimum amount of expenditure that

21  will be made to purchase the personal property for the

22  facility.

23         (e)  The estimated date when each room or other

24  facility will be available for use by the unit owners.

25         (f)1.  An identification of each room or other facility

26  to be used by unit owners that will not be owned by the unit

27  owners or the association;

28         2.  A reference to the location in the disclosure

29  materials of the lease or other agreements providing for the

30  use of those facilities; and

31


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                                          HB 1923, First Engrossed



  1         3.  A description of the terms of the lease or other

  2  agreements, including the length of the term; the rent

  3  payable, directly or indirectly, by each unit owner, and the

  4  total rent payable to the lessor, stated in monthly and annual

  5  amounts for the entire term of the lease; and a description of

  6  any option to purchase the property leased under any such

  7  lease, including the time the option may be exercised, the

  8  purchase price or how it is to be determined, the manner of

  9  payment, and whether the option may be exercised for a unit

10  owner's share or only as to the entire leased property.

11         (g)  A statement as to whether the developer may

12  provide additional facilities not described above, their

13  general locations and types, improvements or changes that may

14  be made, the approximate dollar amount to be expended, and the

15  maximum additional common expense or cost to the individual

16  unit owners that may be charged during the first annual period

17  of operation of the modified or added facilities.

18

19  Descriptions as to locations, areas, capacities, numbers,

20  volumes, or sizes may be stated as approximations or minimums.

21         (7)  A description of the recreational and other

22  facilities that will be used in common with other

23  cooperatives, community associations, or planned developments

24  which require the payment of the maintenance and expenses of

25  such facilities, either directly or indirectly, by the unit

26  owners.  The description shall include, but not be limited to,

27  the following:

28         (a)  Each building and facility committed to be built.

29         (b)  Facilities not committed to be built except under

30  certain conditions, and a statement of those conditions or

31  contingencies.


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                                          HB 1923, First Engrossed



  1         (c)  As to each facility committed to be built, or

  2  which will be committed to be built upon the happening of one

  3  of the conditions in paragraph (b), a statement of whether it

  4  will be owned by the unit owners having the use thereof or by

  5  an association or other entity which will be controlled by

  6  them, or others, and the location in the exhibits of the lease

  7  or other document providing for use of those facilities.

  8         (d)  The year in which each facility will be available

  9  for use by the unit owners or, in the alternative, the maximum

10  number of unit owners in the project at the time each of all

11  of the facilities is committed to be completed.

12         (e)  A general description of the items of personal

13  property, and the approximate number of each item of personal

14  property, that the developer is committing to furnish for each

15  room or other facility or, in the alternative, a

16  representation as to the minimum amount of expenditure that

17  will be made to purchase the personal property for the

18  facility.

19         (f)  If there are leases, a description thereof,

20  including the length of the term, the rent payable, and a

21  description of any option to purchase.

22

23  Descriptions shall include location, areas, capacities,

24  numbers, volumes, or sizes and may be stated as approximations

25  or minimums.

26         (8)  Recreation lease or associated club membership:

27         (a)  If any recreational facilities or other common

28  areas offered by the developer and available to, or to be used

29  by, unit owners are to be leased or have club membership

30  associated, the following statement in conspicuous type shall

31  be included:  THERE IS A RECREATIONAL FACILITIES LEASE


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                                          HB 1923, First Engrossed



  1  ASSOCIATED WITH THIS COOPERATIVE; or, THERE IS A CLUB

  2  MEMBERSHIP ASSOCIATED WITH THIS COOPERATIVE.  There shall be a

  3  reference to the location in the disclosure materials where

  4  the recreation lease or club membership is described in

  5  detail.

  6         (b)  If it is mandatory that unit owners pay a fee,

  7  rent, dues, or other charges under a recreational facilities

  8  lease or club membership for the use of facilities, there

  9  shall be in conspicuous type the applicable statement:

10         1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS

11  MANDATORY FOR UNIT OWNERS; or

12         2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF

13  OWNERSHIP, TO BE LESSEES UNDER THE RECREATIONAL FACILITIES

14  LEASE; or

15         3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE

16  COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,

17  REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES

18  LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or

19         4.  A similar statement of the nature of the

20  organization or manner in which the use rights are created,

21  and that unit owners are required to pay.

22

23  Immediately following the applicable statement, the location

24  in the disclosure materials where the development is described

25  in detail shall be stated.

26         (c)  If the developer, or any other person other than

27  the unit owners and other persons having use rights in the

28  facilities, reserves, or is entitled to receive, any rent,

29  fee, or other payment for the use of the facilities, then

30  there shall be the following statement in conspicuous type:

31  THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND


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                                          HB 1923, First Engrossed



  1  USE FEES FOR RECREATIONAL OR OTHER COMMON AREAS. Immediately

  2  following this statement, the location in the disclosure

  3  materials where the rent or land use fees are described in

  4  detail shall be stated.

  5         (d)  If, in any recreation format, whether leasehold,

  6  club, or other, any person other than the association has the

  7  right to a lien on the units to secure the payment of

  8  assessments, rent, or other exactions, there shall appear a

  9  statement in conspicuous type in substantially the following

10  form:

11         1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

12  SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE

13  RECREATION LEASE.  THE UNIT OWNER'S FAILURE TO MAKE THESE

14  PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or

15         2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

16  SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING

17  DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE

18  RECREATIONAL OR COMMONLY USED AREAS.  THE UNIT OWNER'S FAILURE

19  TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.

20

21  Immediately following the applicable statement, the location

22  in the disclosure materials where the lien or lien right is

23  described in detail shall be stated.

24         (9)  If the developer or any other person has the right

25  to increase or add to the recreational facilities at any time

26  after the establishment of the cooperative whose unit owners

27  have use rights therein, without the consent of the unit

28  owners or associations being required, there shall appear a

29  statement in conspicuous type in substantially the following

30  form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT

31  CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S).  Immediately


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                                          HB 1923, First Engrossed



  1  following this statement, the location in the disclosure

  2  materials where such reserved rights are described shall be

  3  stated.

  4         (10)  A statement of whether the developer's plan

  5  includes a program of leasing units rather than selling them,

  6  or leasing units and selling them subject to such leases.  If

  7  so, there shall be a description of the plan, including the

  8  number and identification of the units and the provisions and

  9  term of the proposed leases, and a statement in boldfaced type

10  that:  THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.

11         (11)  The arrangements for management of the

12  association and maintenance and operation of the cooperative

13  property and of other property that will serve the unit owners

14  of the cooperative property, and a description of the

15  management contract and all other contracts for these purposes

16  having a term in excess of 1 year, including the following:

17         (a)  The names of contracting parties.

18         (b)  The term of the contract.

19         (c)  The nature of the services included.

20         (d)  The compensation, stated on a monthly and annual

21  basis, and provisions for increases in the compensation.

22         (e)  A reference to the volumes and pages of the

23  cooperative documents and of the exhibits containing copies of

24  such contracts.

25

26  Copies of all described contracts shall be attached as

27  exhibits.  If there is a contract for the management of the

28  cooperative property, then a statement in conspicuous type in

29  substantially the following form shall appear, identifying the

30  proposed or existing contract manager:  THERE IS (IS TO BE) A

31  CONTRACT FOR THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH


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                                          HB 1923, First Engrossed



  1  (NAME OF THE CONTRACT MANAGER).  Immediately following this

  2  statement, the location in the disclosure materials of the

  3  contract for management of the cooperative property shall be

  4  stated.

  5         (12)  If the developer or any other person or persons

  6  other than the unit owners has the right to retain control of

  7  the board of administration of the association for a period of

  8  time which can exceed 1 year after the closing of the sale of

  9  a majority of the units in that cooperative to persons other

10  than successors or alternate developers, then a statement in

11  conspicuous type in substantially the following form shall be

12  included:  THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO

13  RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE

14  UNITS HAVE BEEN SOLD. Immediately following this statement,

15  the location in the disclosure materials where this right to

16  control is described in detail shall be stated.

17         (13)  If there are any restrictions upon the sale,

18  transfer, conveyance, or leasing of a unit, then a statement

19  in conspicuous type in substantially the following form shall

20  be included:  THE SALE, LEASE, OR TRANSFER OF UNITS IS

21  RESTRICTED OR CONTROLLED.  Immediately following this

22  statement, the location in the disclosure materials where the

23  restriction, limitation, or control on the sale, lease, or

24  transfer of units is described in detail shall be stated.

25         (14)  If the cooperative is part of a phase project,

26  the following shall be stated:

27         (a)  A statement in conspicuous type in substantially

28  the following form shall be included:  THIS IS A PHASE

29  COOPERATIVE. ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS

30  COOPERATIVE. Immediately following this statement, the

31


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                                          HB 1923, First Engrossed



  1  location in the disclosure materials where the phasing is

  2  described shall be stated.

  3         (b)  A summary of the provisions of the declaration

  4  providing for the phasing.

  5         (c)  A statement as to whether or not residential

  6  buildings and units which are added to the cooperative may be

  7  substantially different from the residential buildings and

  8  units originally in the cooperative, and, if the added

  9  residential buildings and units may be substantially

10  different, there shall be a general description of the extent

11  to which such added residential buildings and units may

12  differ, and a statement in conspicuous type in substantially

13  the following form shall be included:  BUILDINGS AND UNITS

14  WHICH ARE ADDED TO THE COOPERATIVE MAY BE SUBSTANTIALLY

15  DIFFERENT FROM THE OTHER BUILDINGS AND UNITS IN THE

16  COOPERATIVE. Immediately following this statement, the

17  location in the disclosure materials where the extent to which

18  added residential buildings and units may substantially differ

19  is described shall be stated.

20         (d)  A statement of the maximum number of buildings

21  containing units, the maximum and minimum number of units in

22  each building, the maximum number of units, and the minimum

23  and maximum square footage of the units that may be contained

24  within each parcel of land which may be added to the

25  cooperative.

26         (15)  If the cooperative is created by conversion of

27  existing improvements, the following information shall be

28  stated:

29         (a)  The information required by s. 719.616.

30         (b)  A caveat that there are no express warranties

31  unless they are stated in writing by the developer.


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                                          HB 1923, First Engrossed



  1         (16)  A summary of the restrictions, if any, to be

  2  imposed on units concerning the use of any of the cooperative

  3  property, including statements as to whether there are

  4  restrictions upon children and pets, and reference to the

  5  volumes and pages of the cooperative documents where such

  6  restrictions are found, or if such restrictions are contained

  7  elsewhere, then a copy of the documents containing the

  8  restrictions shall be attached as an exhibit.

  9         (17)  If there is any land that is offered by the

10  developer for use by the unit owners and that is neither owned

11  by them nor leased to them, the association, or any entity

12  controlled by unit owners and other persons having the use

13  rights to such land, a statement shall be made as to how such

14  land will serve the cooperative.  If any part of such land

15  will serve the cooperative, the statement shall describe the

16  land and the nature and term of service, and the cooperative

17  documents or other instrument creating such servitude shall be

18  included as an exhibit.

19         (18)  The manner in which utility and other services,

20  including, but not limited to, sewage and waste disposal,

21  water supply, and storm drainage, will be provided and the

22  person or entity furnishing them.

23         (19)  An explanation of the manner in which the

24  apportionment of common expenses and ownership of the common

25  areas have been determined.

26         (20)  An estimated operating budget for the cooperative

27  and the association, and a schedule of the unit owner's

28  expenses shall be attached as an exhibit and shall contain the

29  following information:

30

31


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                                          HB 1923, First Engrossed



  1         (a)  The estimated monthly and annual expenses of the

  2  cooperative and the association that are collected from unit

  3  owners by assessments.

  4         (b)  The estimated monthly and annual expenses of each

  5  unit owner for a unit, other than assessments payable to the

  6  association, payable by the unit owner to persons or entities

  7  other than the association, and the total estimated monthly

  8  and annual expense. There may be excluded from this estimate

  9  expenses that are personal to unit owners, which are not

10  uniformly incurred by all unit owners, or which are not

11  provided for or contemplated by the cooperative documents,

12  including, but not limited to, the costs of private telephone;

13  maintenance of the interior of cooperative units, which is not

14  the obligation of the association; maid or janitorial services

15  privately contracted for by the unit owners; utility bills

16  billed directly to each unit owner for utility services to his

17  or her unit; insurance premiums other than those incurred for

18  policies obtained by the cooperative; and similar personal

19  expenses of the unit owner.  A unit owner's estimated payments

20  for assessments shall also be stated in the estimated amounts

21  for the times when they will be due.

22         (c)  The estimated items of expenses of the cooperative

23  and the association, except as excluded under paragraph (b),

24  including, but not limited to, the following items, which

25  shall be stated either as an association expense collectible

26  by assessments or as unit owners' expenses payable to persons

27  other than the association:

28         1.  Expenses for the association and cooperative:

29         a.  Administration of the association.

30         b.  Management fees.

31         c.  Maintenance.


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                                          HB 1923, First Engrossed



  1         d.  Rent for recreational and other commonly used

  2  areas.

  3         e.  Taxes upon association property.

  4         f.  Taxes upon leased areas.

  5         g.  Insurance.

  6         h.  Security provisions.

  7         i.  Other expenses.

  8         j.  Operating capital.

  9         k.  Reserves.

10         l.  Fee payable to the division.

11         2.  Expenses for a unit owner:

12         a.  Rent for the unit, if subject to a lease.

13         b.  Rent payable by the unit owner directly to the

14  lessor or agent under any recreational lease or lease for the

15  use of commonly used areas, which use and payment are a

16  mandatory condition of ownership and are not included in the

17  common expense or assessments for common maintenance paid by

18  the unit owners to the association.

19         (d)  The estimated amounts shall be stated for a period

20  of at least 12 months and may distinguish between the period

21  prior to the time unit owners other than the developer elect a

22  majority of the board of administration and the period after

23  that date.

24         (21)  A schedule of estimated closing expenses to be

25  paid by a buyer or lessee of a unit and a statement of whether

26  title opinion or title insurance policy is available to the

27  buyer and, if so, at whose expense.

28         (22)  The identity of the developer and the chief

29  operating officer or principal directing the creation and sale

30  of the cooperative and a statement of its and his or her

31  experience in this field.


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                                          HB 1923, First Engrossed



  1         (23)  Copies of the following, to the extent they are

  2  applicable, shall be included as exhibits:

  3         (a)  The cooperative documents, or the proposed

  4  cooperative documents if the documents have not been recorded.

  5         (b)  The articles of incorporation creating the

  6  association.

  7         (c)  The bylaws of the association.

  8         (d)  The ground lease or other underlying lease of the

  9  cooperative.

10         (e)  The management agreement and all maintenance and

11  other contracts for management of the association and

12  operation of the cooperative and facilities used by the unit

13  owners having a service term in excess of 1 year.

14         (f)  The estimated operating budget for the cooperative

15  and the required schedule of unit owners' expenses.

16         (g)  A copy of the floor plan of the unit and the plot

17  plan showing the location of the residential buildings and the

18  recreation and other common areas.

19         (h)  The lease of recreational and other facilities

20  that will be used only by unit owners of the subject

21  cooperative.

22         (i)  The lease of facilities used by owners and others.

23         (j)  The form of unit lease, if the offer is of a

24  leasehold.

25         (k)  A declaration of servitude of properties serving

26  the cooperative but not owned by unit owners or leased to them

27  or the association.

28         (l)  The statement of condition of the existing

29  building or buildings, if the offering is of units in an

30  operation being converted to cooperative ownership.

31


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                                          HB 1923, First Engrossed



  1         (m)  The statement of inspection for termite damage and

  2  treatment of the existing improvements, if the cooperative is

  3  a conversion.

  4         (n)  The form of agreement for sale or lease of units.

  5         (o)  A copy of the agreement for escrow of payments

  6  made to the developer prior to closing.

  7         (p)  A copy of the documents containing any

  8  restrictions on use of the property required by subsection

  9  (16).

10         (24)  Any prospectus or offering circular complying

11  with the provisions of former ss. 711.69 and 711.802 may

12  continue to be used without amendment, or may be amended to

13  comply with the provisions of this chapter.

14         (25)  A brief narrative description of the location and

15  effect of all existing and intended easements located or to be

16  located on the cooperative property other than those in the

17  declaration.

18         (26)  If the developer is required by state or local

19  authorities to obtain acceptance or approval of any dock or

20  marina facility intended to serve the cooperative, a copy of

21  such acceptance or approval acquired by the time of filing

22  with the division pursuant to s. 719.502 or a statement that

23  such acceptance has not been acquired or received.

24         (27)  Evidence demonstrating that the developer has an

25  ownership, leasehold, or contractual interest in the land upon

26  which the cooperative is to be developed.

27         Section 85.  Section 719.508, Florida Statutes, is

28  amended to read:

29         719.508  Regulation by Division of Hotels and

30  Restaurants.--In addition to the authority, regulation, or

31  control exercised by the Division of Florida Land Sales,


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                                          HB 1923, First Engrossed



  1  Condominiums, Timeshare, and Mobile Homes pursuant to this act

  2  with respect to cooperatives, buildings included in a

  3  cooperative property shall be subject to the authority,

  4  regulation, or control of the Division of Hotels and

  5  Restaurants of the Department of Business and Professional

  6  Regulation, to the extent provided for in chapters 399 and

  7  509.

  8         Section 86.  Paragraph (a) of subsection (2) of section

  9  719.608, Florida Statutes, is amended to read:

10         719.608  Notice of intended conversion; time of

11  delivery; content.--

12         (2)(a)  Each notice of intended conversion shall be

13  dated and in writing. The notice shall contain the following

14  statement, with the phrases of the following statement which

15  appear in upper case printed in conspicuous type:

16

17         These apartments are being converted to cooperative by

18  ...(name of developer)..., the developer.

19         1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION

20  OF YOUR RENTAL AGREEMENT.  FURTHER, YOU MAY EXTEND YOUR RENTAL

21  AGREEMENT AS FOLLOWS:

22         a.  If you have continuously been a resident of these

23  apartments during the last 180 days and your rental agreement

24  expires during the next 270 days, you may extend your rental

25  agreement for up to 270 days after the date of this notice.

26         b.  If you have not been a continuous resident of these

27  apartments for the last 180 days and your rental agreement

28  expires during the next 180 days, you may extend your rental

29  agreement for up to 180 days after the date of this notice.

30

31


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                                          HB 1923, First Engrossed



  1         c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT,

  2  YOU MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS

  3  AFTER THE DATE OF THIS NOTICE.

  4         2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45

  5  DAYS, you may extend your rental agreement for up to 45 days

  6  after the date of this notice while you decide whether to

  7  extend your rental agreement as explained above. To do so, you

  8  must notify the developer in writing.  You will then have the

  9  full 45 days to decide whether to extend your rental agreement

10  as explained above.

11         3.  During the extension of your rental agreement you

12  will be charged the same rent that you are now paying.

13         4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY

14  EXTENSION OF THE RENTAL AGREEMENT AS FOLLOWS:

15         a.  If your rental agreement began or was extended or

16  renewed after May 1, 1980, and your rental agreement,

17  including extensions and renewals, has an unexpired term of

18  180 days or less, you may cancel your rental agreement upon 30

19  days' written notice and move.  Also, upon 30 days' written

20  notice, you may cancel any extension of the rental agreement.

21         b.  If your rental agreement was not begun or was not

22  extended or renewed after May 1, 1980, you may not cancel the

23  rental agreement without the consent of the developer.  If

24  your rental agreement, including extensions and renewals, has

25  an unexpired term of 180 days or less, you may, however, upon

26  30 days' written notice cancel any extension of the rental

27  agreement.

28         5.  All notices must be given in writing and sent by

29  mail, return receipt requested, or delivered in person to the

30  developer at this address: ...(name and address of

31  developer)....


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                                          HB 1923, First Engrossed



  1         6.  If you have continuously been a resident of these

  2  apartments during the last 180 days:

  3         a.  You have the right to purchase your apartment and

  4  will have 45 days to decide whether to purchase.  If you do

  5  not buy the unit at that price and the unit is later offered

  6  at a lower price, you will have the opportunity to buy the

  7  unit at the lower price.  However, in all events your right to

  8  purchase the unit ends when the rental agreement or any

  9  extension of the rental agreement ends or when you waive this

10  right in writing.

11         b.  Within 90 days you will be provided purchase

12  information relating to your apartment, including the price of

13  your unit and the condition of the building.  If you do not

14  receive this information within 90 days, your rental agreement

15  and any extension will be extended 1 day for each day over 90

16  days until you are given the purchase information.  If you do

17  not want this rental agreement extension, you must notify the

18  developer in writing.

19         7.  If you have any questions regarding this conversion

20  or the Cooperative Act, you may contact the developer or the

21  state agency which regulates cooperatives:  The Division of

22  Florida Land Sales, Condominiums, Timeshare, and Mobile Homes,

23  ...(Tallahassee address and telephone number of division)....

24         Section 87.  Subsection (10) of section 721.05, Florida

25  Statutes, is amended to read:

26         721.05  Definitions.--As used in this chapter, the

27  term:

28         (10)  "Division" means the Division of Florida Land

29  Sales, Condominiums, Timeshare, and Mobile Homes of the

30  Department of Business and Professional Regulation.

31


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                                          HB 1923, First Engrossed



  1         Section 88.  Paragraph (d) of subsection (2) of section

  2  721.07, Florida Statutes, is amended to read:

  3         721.07  Public offering statement.--Prior to offering

  4  any timeshare plan, the developer must submit a registered

  5  public offering statement to the division for approval as

  6  prescribed by s. 721.03, s. 721.55, or this section.  Until

  7  the division approves such filing, any contract regarding the

  8  sale of that timeshare plan is voidable by the purchaser.

  9         (2)

10         (d)  A developer shall have the authority to deliver to

11  purchasers any purchaser public offering statement that is not

12  yet approved by the division, provided that the following

13  shall apply:

14         1.  At the time the developer delivers an unapproved

15  purchaser public offering statement to a purchaser pursuant to

16  this paragraph, the developer shall deliver a fully completed

17  and executed copy of the purchase contract required by s.

18  721.06 that contains the following statement in conspicuous

19  type in substantially the following form which shall replace

20  the statements required by s. 721.06(1)(g):

21

22  The developer is delivering to you a public offering statement

23  that has been filed with but not yet approved by the Division

24  of Florida Land Sales, Condominiums, Timeshare, and Mobile

25  Homes. Any revisions to the unapproved public offering

26  statement you have received must be delivered to you, but only

27  if the revisions materially alter or modify the offering in a

28  manner adverse to you. After the division approves the public

29  offering statement, you will receive notice of the approval

30  from the developer and the required revisions, if any.

31


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                                          HB 1923, First Engrossed



  1  Your statutory right to cancel this transaction without any

  2  penalty or obligation expires 10 calendar days after the date

  3  you signed your purchase contract or 10 calendar days after

  4  you receive revisions required to be delivered to you, if any,

  5  whichever is later.

  6

  7         2.  After receipt of approval from the division and

  8  prior to closing, if any revisions made to the documents

  9  contained in the purchaser public offering statement

10  materially alter or modify the offering in a manner adverse to

11  a purchaser, the developer shall send the purchaser such

12  revisions together with a notice containing a statement in

13  conspicuous type in substantially the following form:

14

15  The unapproved public offering statement previously delivered

16  to you, together with the enclosed revisions, has been

17  approved by the Division of Florida Land Sales, Condominiums,

18  Timeshare, and Mobile Homes. Accordingly, your cancellation

19  right expires 10 calendar days after you sign your purchase

20  contract or 10 calendar days after you receive these

21  revisions, whichever is later. If you have any questions

22  regarding your cancellation rights, you may contact the

23  division at [insert division's current address].

24

25         3.  After receipt of approval from the division and

26  prior to closing, if no revisions have been made to the

27  documents contained in the unapproved purchaser public

28  offering statement, or if such revisions do not materially

29  alter or modify the offering in a manner adverse to a

30  purchaser, the developer shall send the purchaser a notice

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                                          HB 1923, First Engrossed



  1  containing a statement in conspicuous type in substantially

  2  the following form:

  3

  4  The unapproved public offering statement previously delivered

  5  to you has been approved by the Division of Florida Land

  6  Sales, Condominiums, Timeshare, and Mobile Homes. Revisions

  7  made to the unapproved public offering statement, if any, are

  8  either not required to be delivered to you or are not deemed

  9  by the developer, in its opinion, to materially alter or

10  modify the offering in a manner that is adverse to you.

11  Accordingly, your cancellation right expired 10 days after you

12  signed your purchase contract. A complete copy of the approved

13  public offering statement is available through the managing

14  entity for inspection as part of the books and records of the

15  plan. If you have any questions regarding your cancellation

16  rights, you may contact the division at [insert division's

17  current address].

18         Section 89.  Subsection (8) of section 721.08, Florida

19  Statutes, is amended to read:

20         721.08  Escrow accounts; nondisturbance instruments;

21  alternate security arrangements; transfer of legal title.--

22         (8)  An escrow agent holding escrowed funds pursuant to

23  this chapter that have not been claimed for a period of 5

24  years after the date of deposit shall make at least one

25  reasonable attempt to deliver such unclaimed funds to the

26  purchaser who submitted such funds to escrow. In making such

27  attempt, an escrow agent is entitled to rely on a purchaser's

28  last known address as set forth in the books and records of

29  the escrow agent and is not required to conduct any further

30  search for the purchaser. If an escrow agent's attempt to

31  deliver unclaimed funds to any purchaser is unsuccessful, the


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                                          HB 1923, First Engrossed



  1  escrow agent may deliver such unclaimed funds to the division

  2  and the division shall deposit such unclaimed funds in the

  3  Division of Florida Land Sales, Condominiums, Timeshare, and

  4  Mobile Homes Trust Fund, 30 days after giving notice in a

  5  publication of general circulation in the county in which the

  6  timeshare property containing the purchaser's timeshare

  7  interest is located. The purchaser may claim the same at any

  8  time prior to the delivery of such funds to the division.

  9  After delivery of such funds to the division, the purchaser

10  shall have no more rights to the unclaimed funds. The escrow

11  agent shall not be liable for any claims from any party

12  arising out of the escrow agent's delivery of the unclaimed

13  funds to the division pursuant to this section.

14         Section 90.  Section 721.26, Florida Statutes, is

15  amended to read:

16         721.26  Regulation by division.--The division has the

17  power to enforce and ensure compliance with the provisions of

18  this chapter, except for parts III and IV, using the powers

19  provided in this chapter, as well as the powers prescribed in

20  chapters 498, 718, and 719. In performing its duties, the

21  division shall have the following powers and duties:

22         (1)  To aid in the enforcement of this chapter, or any

23  division rule or order promulgated or issued pursuant to this

24  chapter, the division may make necessary public or private

25  investigations within or outside this state to determine

26  whether any person has violated or is about to violate this

27  chapter, or any division rule or order promulgated or issued

28  pursuant to this chapter.

29         (2)  The division may require or permit any person to

30  file a written statement under oath or otherwise, as the

31


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                                          HB 1923, First Engrossed



  1  division determines, as to the facts and circumstances

  2  concerning a matter under investigation.

  3         (3)  For the purpose of any investigation under this

  4  chapter, the director of the division or any officer or

  5  employee designated by the director may administer oaths or

  6  affirmations, subpoena witnesses and compel their attendance,

  7  take evidence, and require the production of any matter which

  8  is relevant to the investigation, including the identity,

  9  existence, description, nature, custody, condition, and

10  location of any books, documents, or other tangible things and

11  the identity and location of persons having knowledge of

12  relevant facts or any other matter reasonably calculated to

13  lead to the discovery of material evidence. Failure to obey a

14  subpoena or to answer questions propounded by the

15  investigating officer and upon reasonable notice to all

16  persons affected thereby shall be a violation of this chapter.

17  In addition to the other enforcement powers authorized in this

18  subsection, the division may, at its discretion, apply to the

19  circuit court for an order compelling compliance.

20         (4)  The division may prepare and disseminate a

21  prospectus and other information to assist prospective

22  purchasers, sellers, and managing entities of timeshare plans

23  in assessing the rights, privileges, and duties pertaining

24  thereto.

25         (5)  Notwithstanding any remedies available to

26  purchasers, if the division has reasonable cause to believe

27  that a violation of this chapter, or of any division rule or

28  order promulgated or issued pursuant to this chapter, has

29  occurred, the division may institute enforcement proceedings

30  in its own name against any regulated party, as such term is

31  defined in this subsection:


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                                          HB 1923, First Engrossed



  1         (a)1.  "Regulated party," for purposes of this section,

  2  means any developer, exchange company, seller, managing

  3  entity, association, association director, association

  4  officer, manager, management firm, escrow agent, trustee, any

  5  respective assignees or agents, or any other person having

  6  duties or obligations pursuant to this chapter.

  7         2.  Any person who materially participates in any offer

  8  or disposition of any interest in, or the management or

  9  operation of, a timeshare plan in violation of this chapter or

10  relevant rules involving fraud, deception, false pretenses,

11  misrepresentation, or false advertising or the disbursement,

12  concealment, or diversion of any funds or assets, which

13  conduct adversely affects the interests of a purchaser, and

14  which person directly or indirectly controls a regulated party

15  or is a general partner, officer, director, agent, or employee

16  of such regulated party, shall be jointly and severally liable

17  under this subsection with such regulated party, unless such

18  person did not know, and in the exercise of reasonable care

19  could not have known, of the existence of the facts giving

20  rise to the violation of this chapter.  A right of

21  contribution shall exist among jointly and severally liable

22  persons pursuant to this paragraph.

23         (b)  The division may permit any person whose conduct

24  or actions may be under investigation to waive formal

25  proceedings and enter into a consent proceeding whereby an

26  order, rule, or letter of censure or warning, whether formal

27  or informal, may be entered against that person.

28         (c)  The division may issue an order requiring a

29  regulated party to cease and desist from an unlawful practice

30  under this chapter and take such affirmative action as in the

31


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                                          HB 1923, First Engrossed



  1  judgment of the division will carry out the purposes of this

  2  chapter.

  3         (d)1.  The division may bring an action in circuit

  4  court for declaratory or injunctive relief or for other

  5  appropriate relief, including restitution.

  6         2.  The division shall have broad authority and

  7  discretion to petition the circuit court to appoint a receiver

  8  with respect to any managing entity which fails to perform its

  9  duties and obligations under this chapter with respect to the

10  operation of a timeshare plan.  The circumstances giving rise

11  to an appropriate petition for receivership under this

12  subparagraph include, but are not limited to:

13         a.  Damage to or destruction of any of the

14  accommodations or facilities of a timeshare plan, where the

15  managing entity has failed to repair or reconstruct same.

16         b.  A breach of fiduciary duty by the managing entity,

17  including, but not limited to, undisclosed self-dealing or

18  failure to timely assess, collect, or disburse the common

19  expenses of the timeshare plan.

20         c.  Failure of the managing entity to operate the

21  timeshare plan in accordance with the timeshare instrument and

22  this chapter.

23

24  If, under the circumstances, it appears that the events giving

25  rise to the petition for receivership cannot be reasonably and

26  timely corrected in a cost-effective manner consistent with

27  the timeshare instrument, the receiver may petition the

28  circuit court to implement such amendments or revisions to the

29  timeshare instrument as may be necessary to enable the

30  managing entity to resume effective operation of the timeshare

31  plan, or to enter an order terminating the timeshare plan, or


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                                          HB 1923, First Engrossed



  1  to enter such further orders regarding the disposition of the

  2  timeshare property as the court deems appropriate, including

  3  the disposition and sale of the timeshare property held by the

  4  association or the purchasers. In the event of a receiver's

  5  sale, all rights, title, and interest held by the association

  6  or any purchaser shall be extinguished and title shall vest in

  7  the buyer. This provision applies to timeshare estates and

  8  timeshare licenses.  All reasonable costs and fees of the

  9  receiver relating to the receivership shall become common

10  expenses of the timeshare plan upon order of the court.

11         3.  The division may revoke its approval of any filing

12  for any timeshare plan for which a petition for receivership

13  has been filed pursuant to this paragraph.

14         (e)1.  The division may impose a penalty against any

15  regulated party for a violation of this chapter or any rule

16  adopted thereunder.  A penalty may be imposed on the basis of

17  each day of continuing violation, but in no event may the

18  penalty for any offense exceed $10,000.  All accounts

19  collected shall be deposited with the Treasurer to the credit

20  of the Division of Florida Land Sales, Condominiums,

21  Timeshare, and Mobile Homes Trust Fund.

22         2.a.  If a regulated party fails to pay a penalty, the

23  division shall thereupon issue an order directing that such

24  regulated party cease and desist from further operation until

25  such time as the penalty is paid; or the division may pursue

26  enforcement of the penalty in a court of competent

27  jurisdiction.

28         b.  If an association or managing entity fails to pay a

29  civil penalty, the division may pursue enforcement in a court

30  of competent jurisdiction.

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                                          HB 1923, First Engrossed



  1         (f)  In order to permit the regulated party an

  2  opportunity either to appeal such decision administratively or

  3  to seek relief in a court of competent jurisdiction, the order

  4  imposing the penalty or the cease and desist order shall not

  5  become effective until 20 days after the date of such order.

  6         (g)  Any action commenced by the division shall be

  7  brought in the county in which the division has its executive

  8  offices or in the county where the violation occurred.

  9         (h)  Notice to any regulated party shall be complete

10  when delivered by United States mail, return receipt

11  requested, to the party's address currently on file with the

12  division or to such other address at which the division is

13  able to locate the party. Every regulated party has an

14  affirmative duty to notify the division of any change of

15  address at least 5 business days prior to such change.

16         (6)  The division has authority to adopt rules pursuant

17  to ss. 120.536(1) and 120.54 to implement and enforce the

18  provisions of this chapter.

19         (7)(a)  The use of any unfair or deceptive act or

20  practice by any person in connection with the sales or other

21  operations of an exchange program or timeshare plan is a

22  violation of this chapter.

23         (b)  Any violation of the Florida Deceptive and Unfair

24  Trade Practices Act, ss. 501.201 et seq., relating to the

25  creation, promotion, sale, operation, or management of any

26  timeshare plan shall also be a violation of this chapter.

27         (c)  The division is authorized to institute

28  proceedings against any such person and take any appropriate

29  action authorized in this section in connection therewith,

30  notwithstanding any remedies available to purchasers.

31


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                                          HB 1923, First Engrossed



  1         (8)  The failure of any person to comply with any order

  2  of the division is a violation of this chapter.

  3         Section 91.  Section 721.28, Florida Statutes, is

  4  amended to read:

  5         721.28  Division of Florida Land Sales, Condominiums,

  6  Timeshare, and Mobile Homes Trust Fund.--All funds collected

  7  by the division and any amounts paid as fees or penalties

  8  under this chapter shall be deposited in the State Treasury to

  9  the credit of the Division of Florida Land Sales,

10  Condominiums, Timeshare, and Mobile Homes Trust Fund created

11  by s. 718.509 498.019.

12         Section 92.  Paragraph (c) of subsection (1) of section

13  721.301, Florida Statutes, is amended to read:

14         721.301  Florida Timesharing, Vacation Club, and

15  Hospitality Program.--

16         (1)

17         (c)  The director may designate funds from the Division

18  of Florida Land Sales, Condominiums, Timeshare, and Mobile

19  Homes Trust Fund, not to exceed $50,000 annually, to support

20  the projects and proposals undertaken pursuant to paragraph

21  (b).  All state trust funds to be expended pursuant to this

22  section must be matched equally with private moneys and shall

23  comprise no more than half of the total moneys expended

24  annually.

25         Section 93.  Section 721.50, Florida Statutes, is

26  amended to read:

27         721.50  Short title.--This part may be cited as the

28  "McAllister Act" in recognition and appreciation for the years

29  of extraordinary and insightful contributions by Mr. Bryan C.

30  McAllister, Examinations Supervisor, former Division of

31  Florida Land Sales, Condominiums, and Mobile Homes.


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  1         Section 94.  Subsection (10) of section 721.82, Florida

  2  Statutes, is amended to read:

  3         721.82  Definitions.--As used in this part, the term:

  4         (10)  "Registered agent" means an agent duly appointed

  5  by the obligor under s. 721.84 for the purpose of accepting

  6  all notices and service of process under this part for the

  7  obligor. A registered agent may be an individual resident in

  8  this state whose business office qualifies as a registered

  9  office, or a domestic or foreign corporation or a

10  not-for-profit corporation as defined in chapter 617

11  authorized to transact business or to conduct its affairs in

12  this state, whose business office qualifies as a registered

13  office. A registered agent for any obligor may not be the

14  lienholder or the attorney for the lienholder.

15         Section 95.  Subsection (5) of section 721.84, Florida

16  Statutes, is amended, present subsections (6) and (7) are

17  renumbered as subsections (9) and (10), respectively, and new

18  subsections (6), (7), and (8) are added to that section, to

19  read:

20         721.84  Appointment of a registered agent; duties.--

21         (5)  A registered agent may resign his or her agency

22  appointment for any obligor for which he or she serves as

23  registered agent, provided that:

24         (a)  The resigning registered agent executes a written

25  statement of resignation that identifies himself or herself

26  and the street address of his or her registered office, and

27  identifies the obligors affected by his or her resignation;

28         (b)1.  A successor registered agent is appointed by the

29  resigning registered agent and such successor registered agent

30  executes an acceptance of appointment as successor registered

31


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  1  agent and satisfies all of the requirements of subsection (1);

  2  or.

  3         2.  The registered agent provides 120 days' prior

  4  written notice to the mortagee as to the mortgage lien and to

  5  the owners' association of the timeshare plan as to the

  6  assessment lien of its intent to deliver the statement of

  7  resignation. Prior to the effective date of termination of the

  8  resigning registered agent's agency and registered office, a

  9  The resigning registered agent may designate the successor

10  registered agent; however, if the resigning registered agent

11  fails to designate a successor registered agent or the

12  designated successor registered agent fails to accept, the

13  successor registered agent for the affected obligors may be

14  designated by the mortgagee as to the mortgage lien and by the

15  owners' association of the timeshare plan as to the assessment

16  lien; and

17         (c)1.  If a successor registered agent is appointed

18  under subparagraph (b)1., copies of the statement of

19  resignation and acceptance of appointment as successor

20  registered agent are promptly mailed to the affected obligors

21  at the obligors' last designated address shown on the records

22  of the resigning registered agent and to the affected

23  lienholders; or.

24         2.  If a resigning registered agent has previously

25  provided notice under subparagraph (b)2., a copy of the

26  statement of resignation is promptly mailed to the affected

27  obligors at the obligor's last designated address shown on the

28  records of the resigning registered agent and a copy of the

29  statement of resignation and a list of the obligors' last

30  designated addresses shown on the records of the resigning

31


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  1  registered agent are promptly mailed to the affected

  2  lienholders.

  3         (6)  If a successor registered agent is appointed under

  4  subparagraph (5)(b)1., the agency and registered office of the

  5  resigning registered agent are terminated and the agency and

  6  registered office of the successor registered agent are

  7  effective as of the 10th day after the date on which the

  8  statement of resignation and acceptance of appointment as

  9  successor registered agent are received by the lienholder,

10  unless a longer period is provided in the statement of

11  resignation and acceptance of appointment as successor

12  registered agent.

13         (7)  If a resigning registered agent has previously

14  provided notice under subparagraph (5)(b)2. and a successor

15  registered agent is not designated or the designated successor

16  registered agent fails to accept the appointment as registered

17  agent, the agency and registered office of the resigning

18  registered agent are terminated effective as of the 10th day

19  after the date on which the statement of resignation and list

20  of obligors required by subparagraph (5)(c)2. are received by

21  the lienholder, unless a longer period is provided in the

22  statement of resignation. After the effective date of the

23  termination of the agency and registered office of the

24  resigning registered agent, if no successor registered agent

25  exists, the affected lienholders must mail any notice or

26  document required to be delivered by a lienholder to the

27  obligor by first class mail if the obligor's address is within

28  the United States, and by international air mail if the

29  obligor's address is outside the United States, with postage

30  fees prepaid to the obligor at the obligor's last designated

31  address as shown on the records of the resigning registered


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                                          HB 1923, First Engrossed



  1  agent.  If such notice or document requires service of process

  2  on persons outside the United States, such service of process

  3  shall be accomplished by any internationally agreed means

  4  reasonably calculated to give notice.  Whenever no successor

  5  registered agent exists, a successor registered agent for the

  6  affected obligors may be designated by the mortagee as to the

  7  mortgage lien and by the owners' association of the timeshare

  8  plan as to the assessment lien.

  9         (8)  If a successor registered agent is appointed under

10  subparagraph (5)(b)2. or under subsection (7), copies of the

11  acceptance of appointment as successor registered agent must

12  be promptly mailed, by the mortgagee as to a registered agent

13  appointed by the mortgagee as to the mortgage lien, and by the

14  owners' association of the timeshare plan as to the assessment

15  lien, to the affected obligors at the obligor's last address

16  shown on the records of the resigning registered agent. The

17  agency and registered office of the successor registered agent

18  are effective as of the date provided in the acceptance of

19  appointment.

20         Section 96.  Subsection (1) of section 723.003, Florida

21  Statutes, is amended to read:

22         723.003  Definitions.--As used in this chapter, the

23  following words and terms have the following meanings unless

24  clearly indicated otherwise:

25         (1)  The term "division" means the Division of Florida

26  Land Sales, Condominiums, Timeshare, and Mobile Homes of the

27  Department of Business and Professional Regulation.

28         Section 97.  Paragraph (e) of subsection (5) of section

29  723.006, Florida Statutes, is amended to read:

30         723.006  Powers and duties of division.--In performing

31  its duties, the division has the following powers and duties:


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                                          HB 1923, First Engrossed



  1         (5)  Notwithstanding any remedies available to mobile

  2  home owners, mobile home park owners, and homeowners'

  3  associations, if the division has reasonable cause to believe

  4  that a violation of any provision of this chapter or any rule

  5  promulgated pursuant hereto has occurred, the division may

  6  institute enforcement proceedings in its own name against a

  7  developer, mobile home park owner, or homeowners' association,

  8  or its assignee or agent, as follows:

  9         (e)1.  The division may impose a civil penalty against

10  a mobile home park owner or homeowners' association, or its

11  assignee or agent, for any violation of this chapter, a

12  properly promulgated park rule or regulation, or a rule or

13  regulation promulgated pursuant hereto.  A penalty may be

14  imposed on the basis of each separate violation and, if the

15  violation is a continuing one, for each day of continuing

16  violation, but in no event may the penalty for each separate

17  violation or for each day of continuing violation exceed

18  $5,000. All amounts collected shall be deposited with the

19  Treasurer to the credit of the Division of Florida Land Sales,

20  Condominiums, Timeshare, and Mobile Homes Trust Fund.

21         2.  If a violator fails to pay the civil penalty, the

22  division shall thereupon issue an order directing that such

23  violator cease and desist from further violation until such

24  time as the civil penalty is paid or may pursue enforcement of

25  the penalty in a court of competent jurisdiction.  If a

26  homeowners' association fails to pay the civil penalty, the

27  division shall thereupon pursue enforcement in a court of

28  competent jurisdiction, and the order imposing the civil

29  penalty or the cease and desist order shall not become

30  effective until 20 days after the date of such order.  Any

31  action commenced by the division shall be brought in the


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                                          HB 1923, First Engrossed



  1  county in which the division has its executive offices or in

  2  which the violation occurred.

  3         Section 98.  Section 723.0065, Florida Statutes, is

  4  amended to read:

  5         723.0065  Public records exemption; findings.--The

  6  Legislature, in narrowing the existing public records

  7  exemption pursuant to s. 1, chapter 94-78, Laws of Florida,

  8  finds that a public necessity exists to keep confidential and

  9  retain the public records exemption for financial records of

10  mobile home park owners acquired by the division of Florida

11  Land Sales, Condominiums, and Mobile Homes when performing its

12  duties under the Florida Mobile Home Act unless the mobile

13  home park owner has violated the provisions of this chapter.

14  In that case, only those financial records that are

15  specifically relevant to the finding of violation should be

16  released. If it were otherwise, the division would encounter

17  difficulties in procuring such proprietary information which

18  would impede the effective and efficient performance of the

19  division's public duties. Additionally, release of such

20  proprietary information would harm the business interests of

21  innocent mobile home park owners to the advantage of

22  competitors and potential purchasers. Effective monitoring of

23  the division's performance of its duties can be conducted

24  without access to these records, and these records are

25  otherwise available pursuant to a civil complaint as

26  envisioned by the act. Accordingly, the public good served by

27  access to financial records of a mobile home park owner who

28  has not violated the provisions of this chapter is outweighed

29  by the interference with division investigations and the

30  private harm that could be caused by allowing such access.

31


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                                          HB 1923, First Engrossed



  1         Section 99.  Section 723.009, Florida Statutes, is

  2  amended to read:

  3         723.009  Division of Florida Land Sales, Condominiums,

  4  Timeshare, and Mobile Homes Trust Fund.--All proceeds from the

  5  fees, penalties, and fines imposed pursuant to this chapter

  6  shall be deposited into the Division of Florida Land Sales,

  7  Condominiums, Timeshare, and Mobile Homes Trust Fund created

  8  by s. 718.509 498.019.  Moneys in this fund, as appropriated

  9  by the Legislature pursuant to chapter 216, may be used to

10  defray the expenses incurred by the division in administering

11  the provisions of this chapter.

12         Section 100.  Subsection (2) of section 73.073, Florida

13  Statutes, is amended to read:

14         73.073  Eminent domain procedure with respect to

15  condominium common elements.--

16         (2)  With respect to the exercise of eminent domain or

17  a negotiated sale for the purchase or taking of a portion of

18  the common elements of a condominium, the condemning authority

19  shall have the responsibility of contacting the condominium

20  association and acquiring the most recent rolls indicating the

21  names of the unit owners or contacting the appropriate taxing

22  authority to obtain the names of the owners of record on the

23  tax rolls. Notification shall thereupon be sent by certified

24  mail, return receipt requested, to the unit owners of record

25  of the condominium units by the condemning authority

26  indicating the intent to purchase or take the required

27  property and requesting a response from the unit owner. The

28  condemning authority shall be responsible for the expense of

29  sending notification pursuant to this section. Such notice

30  shall, at a minimum, include:

31         (a)  The name and address of the condemning authority.


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                                          HB 1923, First Engrossed



  1         (b)  A written or visual description of the property.

  2         (c)  The public purpose for which the property is

  3  needed.

  4         (d)  The appraisal value of the property.

  5         (e)  A clear, concise statement relating to the unit

  6  owner's right to object to the taking or appraisal value and

  7  the procedures and effects of exercising that right.

  8         (f)  A clear, concise statement relating to the power

  9  of the association to convey the property on behalf of the

10  unit owners if no objection to the taking or appraisal value

11  is raised, and the effects of this alternative on the unit

12  owner.

13

14  The Division of Florida Land Sales, Condominiums, Timeshare,

15  and Mobile Homes of the Department of Business and

16  Professional Regulation may adopt, by rule, a standard form

17  for such notice and may require the notice to include any

18  additional relevant information.

19         Section 101.  Paragraph (e) of subsection (6) of

20  section 192.037, Florida Statutes, is amended to read:

21         192.037  Fee timeshare real property; taxes and

22  assessments; escrow.--

23         (6)

24         (e)  On or before May 1 of each year, a statement of

25  receipts and disbursements of the escrow account must be filed

26  with the Division of Florida Land Sales, Condominiums,

27  Timeshare, and Mobile Homes of the Department of Business and

28  Professional Regulation, which may enforce this paragraph

29  pursuant to s. 721.26. This statement must appropriately show

30  the amount of principal and interest in such account.

31


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                                          HB 1923, First Engrossed



  1         Section 102.  Paragraph (i) of subsection (7) of

  2  section 213.053, Florida Statutes, is amended to read:

  3         213.053  Confidentiality and information sharing.--

  4         (7)  Notwithstanding any other provision of this

  5  section, the department may provide:

  6         (i)  Information relative to chapters 212 and 326 to

  7  the Division of Florida Land Sales, Condominiums, and Mobile

  8  Homes of the Department of Business and Professional

  9  Regulation in the conduct of its official duties.

10

11  Disclosure of information under this subsection shall be

12  pursuant to a written agreement between the executive director

13  and the agency.  Such agencies, governmental or

14  nongovernmental, shall be bound by the same requirements of

15  confidentiality as the Department of Revenue.  Breach of

16  confidentiality is a misdemeanor of the first degree,

17  punishable as provided by s. 775.082 or s. 775.083.

18         Section 103.  Paragraph (w) of subsection (4) of

19  section 215.20, Florida Statutes, is amended to read:

20         215.20  Certain income and certain trust funds to

21  contribute to the General Revenue Fund.--

22         (4)  The income of a revenue nature deposited in the

23  following described trust funds, by whatever name designated,

24  is that from which the deductions authorized by subsection (3)

25  shall be made:

26         (w)  The Division of Florida Land Sales, Condominiums,

27  Timeshare, and Mobile Homes Trust Fund established pursuant to

28  s. 718.509 498.019.

29

30  The enumeration of the foregoing moneys or trust funds shall

31  not prohibit the applicability thereto of s. 215.24 should the


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                                          HB 1923, First Engrossed



  1  Governor determine that for the reasons mentioned in s. 215.24

  2  the money or trust funds should be exempt herefrom, as it is

  3  the purpose of this law to exempt income from its force and

  4  effect when, by the operation of this law, federal matching

  5  funds or contributions or private grants to any trust fund

  6  would be lost to the state.

  7         Section 104.  Paragraph (a) of subsection (4) of

  8  section 380.0651, Florida Statutes, is amended to read:

  9         380.0651  Statewide guidelines and standards.--

10         (4)  Two or more developments, represented by their

11  owners or developers to be separate developments, shall be

12  aggregated and treated as a single development under this

13  chapter when they are determined to be part of a unified plan

14  of development and are physically proximate to one other.

15         (a)  The criteria of two of the following subparagraphs

16  must be met in order for the state land planning agency to

17  determine that there is a unified plan of development:

18         1.a.  The same person has retained or shared control of

19  the developments;

20         b.  The same person has ownership or a significant

21  legal or equitable interest in the developments; or

22         c.  There is common management of the developments

23  controlling the form of physical development or disposition of

24  parcels of the development.

25         2.  There is a reasonable closeness in time between the

26  completion of 80 percent or less of one development and the

27  submission to a governmental agency of a master plan or series

28  of plans or drawings for the other development which is

29  indicative of a common development effort.

30         3.  A master plan or series of plans or drawings exists

31  covering the developments sought to be aggregated which have


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                                          HB 1923, First Engrossed



  1  been submitted to a local general-purpose government, water

  2  management district, the Florida Department of Environmental

  3  Protection, or the Division of Florida Land Sales,

  4  Condominiums, Timeshare, and Mobile Homes for authorization to

  5  commence development. The existence or implementation of a

  6  utility's master utility plan required by the Public Service

  7  Commission or general-purpose local government or a master

  8  drainage plan shall not be the sole determinant of the

  9  existence of a master plan.

10         4.  The voluntary sharing of infrastructure that is

11  indicative of a common development effort or is designated

12  specifically to accommodate the developments sought to be

13  aggregated, except that which was implemented because it was

14  required by a local general-purpose government; water

15  management district; the Department of Environmental

16  Protection; the Division of Florida Land Sales, Condominiums,

17  Timeshare, and Mobile Homes; or the Public Service Commission.

18         5.  There is a common advertising scheme or promotional

19  plan in effect for the developments sought to be aggregated.

20         Section 105.  Subsection (5) of section 455.116,

21  Florida Statutes, is amended to read:

22         455.116  Regulation trust funds.--The following trust

23  funds shall be placed in the department:

24         (5)  Division of Florida Land Sales, Condominiums,

25  Timeshare, and Mobile Homes Trust Fund.

26         Section 106.  Section 475.455, Florida Statutes, is

27  amended to read:

28         475.455  Exchange of disciplinary information.--The

29  commission shall inform the Division of Florida Land Sales,

30  Condominiums, Timeshare, and Mobile Homes of the Department of

31  Business and Professional Regulation of any disciplinary


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  1  action the commission has taken against any of its licensees.

  2  The division shall inform the commission of any disciplinary

  3  action the division has taken against any broker or

  4  salesperson registered with the division.

  5         Section 107.  Section 509.512, Florida Statutes, is

  6  amended to read:

  7         509.512  Timeshare plan developer and exchange company

  8  exemption.--Sections 509.501-509.511 do not apply to a

  9  developer of a timeshare plan or an exchange company approved

10  by the Division of Florida Land Sales, Condominiums,

11  Timeshare, and Mobile Homes pursuant to chapter 721, but only

12  to the extent that the developer or exchange company engages

13  in conduct regulated under chapter 721.

14         Section 108.  Subsection (1) of section 559.935,

15  Florida Statutes, is amended to read:

16         559.935  Exemptions.--

17         (1)  This part does not apply to:

18         (a)  A bona fide employee of a seller of travel who is

19  engaged solely in the business of her or his employer;

20         (b)  Any direct common carrier of passengers or

21  property regulated by an agency of the Federal Government or

22  employees of such carrier when engaged solely in the

23  transportation business of the carrier as identified in the

24  carrier's certificate;

25         (c)  An intrastate common carrier of passengers or

26  property selling only transportation as defined in the

27  applicable state or local registration or certification, or

28  employees of such carrier when engaged solely in the

29  transportation business of the carrier;

30         (d)  Hotels, motels, or other places of public

31  accommodation selling public accommodations, or employees of


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                                          HB 1923, First Engrossed



  1  such hotels, motels, or other places of public accommodation,

  2  when engaged solely in making arrangements for lodging,

  3  accommodations, or sightseeing tours within the state, or

  4  taking reservations for the traveler with times, dates,

  5  locations, and accommodations certain at the time the

  6  reservations are made, provided that hotels and motels

  7  registered with the Department of Business and Professional

  8  Regulation pursuant to chapter 509 are excluded from the

  9  provisions of this chapter;

10         (e)  Persons involved solely in the rental, leasing, or

11  sale of residential property;

12         (f)  Persons involved solely in the rental, leasing, or

13  sale of transportation vehicles;

14         (g)  Persons who make travel arrangements for

15  themselves; for their employees or agents; for distributors,

16  franchisees, or dealers of the persons' products or services;

17  for entities which are financially related to the persons; or

18  for the employees or agents of the distributor, franchisee, or

19  dealer or financially related entity;

20         (h)  A developer of a timeshare plan or an exchange

21  company approved by the Division of Florida Land Sales,

22  Condominiums, Timeshare, and Mobile Homes pursuant to chapter

23  721, but only to the extent that the developer or exchange

24  company engages in conduct regulated under chapter 721; or

25         (i)  Persons or entities engaged solely in offering

26  diving services, including classes and sales or rentals of

27  equipment, when engaged in making any prearranged

28  travel-related or tourist-related services in conjunction with

29  a primarily dive-related event.

30         Section 109.  Effective July 1, 2001, subsection (2) of

31  section 468.452, Florida Statutes, is amended to read:


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  1         468.452  Definitions.--For purposes of this part, the

  2  term:

  3         (2)  "Athlete agent" means a person who, directly or

  4  indirectly, recruits or solicits a student athlete to enter

  5  into an agent contract, or who, for any type of financial

  6  gain, procures, offers, promises, or attempts to obtain

  7  employment or promotional fees or benefits for a student

  8  athlete with a professional sports team or as a professional

  9  athlete, or with any promoter who markets or attempts to

10  market the student athlete's athletic ability or athletic

11  reputation. This term includes all employees and other persons

12  acting on behalf of an athlete agent who participate in the

13  activities included under this subsection. The term does not

14  include a spouse, parent, sibling, grandparent, or guardian of

15  the student-athlete or an individual acting solely on behalf

16  of a professional sports team or professional sports

17  organization.

18         Section 110.  Effective July 1, 2001, section 468.453,

19  Florida Statutes, is amended to read:

20         468.453  Licensure required; qualifications;

21  examination; bond; exception; license nontransferable.--

22         (1)  Any person who practices as an athlete agent in

23  this state must be licensed pursuant to this part.

24         (2)  A person shall be licensed as an athlete agent if

25  the applicant:

26         (a)  Is at least 18 years of age.

27         (b)  Is of good moral character.

28         (c)  Passes an examination provided by the department

29  which tests the applicant's proficiency to practice as an

30  athlete agent, including, but not limited to, knowledge of the

31


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  1  laws and rules of this state relating to athlete agents, this

  2  part, and chapter 455.

  3         (c)(d)  Has completed the application form and remitted

  4  an application fee not to exceed $500, an examination fee not

  5  to exceed the actual cost for the examination plus $500, an

  6  active licensure fee not to exceed $2,000, and all other

  7  applicable fees provided for in this part or in chapter 455.

  8         (d)(e)  Has submitted to the department a fingerprint

  9  card for a criminal history records check. The fingerprint

10  card shall be forwarded to the Division of Criminal Justice

11  Information Systems within the Department of Law Enforcement

12  for purposes of processing the fingerprint card to determine

13  if the applicant has a criminal history record. The

14  fingerprint card shall also be forwarded to the Federal Bureau

15  of Investigation for purposes of processing the fingerprint

16  card to determine if the applicant has a criminal history

17  record. The information obtained by the processing of the

18  fingerprint card by the Florida Department of Law Enforcement

19  and the Federal Bureau of Investigation shall be sent to the

20  department for the purpose of determining if the applicant is

21  statutorily qualified for licensure.

22         (e)(f)  Has not in any jurisdiction, within the

23  preceding 5 years, been convicted or found guilty of or

24  entered a plea of nolo contendere for, regardless of

25  adjudication, a crime which relates to the applicant's

26  practice or ability to practice as an athlete agent.

27         (g)  Has posted with the department a $15,000 surety

28  bond issued by an insurance company authorized to do business

29  in this state.  The bond shall be in favor of the State of

30  Florida, Department of Business and Professional Regulation,

31  for the use and benefit of any student athlete or college or


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                                          HB 1923, First Engrossed



  1  university within Florida who or which is injured or damaged,

  2  including reasonable costs and attorney's fees, as a result of

  3  acts or omissions by the athlete agent pursuant to a license

  4  issued under this part.  The bond shall be written in the form

  5  determined by the department. The bond shall provide that the

  6  athlete agent is responsible for the acts or omissions of any

  7  representatives acting under the athlete agent's supervision

  8  or authority. The bond shall be in effect for and cover all

  9  times that the athlete agent has an active license and

10  conducts business pursuant to that license in this or any

11  other state.

12         (3)  An unlicensed individual may act as an athlete

13  agent if:

14         (a)  A student-athlete or person acting on the

15  athlete's behalf initiates communication with the individual;

16  and

17         (b)  Within 7 days after an initial act as an athlete

18  agent, the individual submits an application for licensure.

19  Members of The Florida Bar are exempt from the state laws and

20  rules component, and the fee for such, of the examination

21  required by this section.

22         (4)  A license issued to an athlete agent is not

23  transferable.

24         (5)  By acting as an athlete agent in this state, a

25  nonresident individual appoints the department as the

26  individual's agent for service of process in any civil action

27  related to the individual's acting as an athlete agent.

28         (6)  The department may issue a temporary license while

29  an application for licensure is pending. If the department

30  issues a notice of intent to deny the license application, the

31


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  1  initial temporary license expires and may not be extended

  2  during any proceeding or administrative or judicial review.

  3         (7)(a)  An individual who has submitted an application

  4  and holds a certificate, registration or license as an athlete

  5  agent in another state may submit a copy of the application

  6  and certificate, registration or license from the other state

  7  in lieu of submitting an application in the form prescribed

  8  pursuant to this section.  The department shall accept the

  9  application and the certificate from the other state as an

10  application for registration in this state if the application

11  in the other state:

12         1.  Was submitted in the other state within 6 months

13  next preceding the submission of the application in this state

14  and the applicant certifies that the information contained in

15  the application is current;

16         2.  Contains information substantially similar to or

17  more comprehensive than that required in an application

18  submitted in this state; and

19         3.  Was signed by the applicant under penalty of

20  perjury.

21         (b)  An applicant applying under this subsection must

22  meet all other requirements for licensure as provided by this

23  part.

24         Section 111.  Effective July 1, 2001, section 468.454,

25  Florida Statutes, is amended to read:

26         468.454  Contracts.--

27         (1)  An agent contract must be in a record, signed, or

28  otherwise authenticated by the parties.

29         (2)  An agent contract must state:

30         (a)  The amount and method of calculating the

31  consideration to be paid by the student-athlete for services


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                                          HB 1923, First Engrossed



  1  to be provided by the athlete agent and any other

  2  consideration the agent has received or will receive from any

  3  other source under the contract;

  4         (b)  The name of any person not listed in the licensure

  5  application who will be compensated because the

  6  student-athlete signed the agent contract;

  7         (c)  A description of any expenses that the

  8  student-athlete agrees to reimburse;

  9         (d)  A description of the services to be provided to

10  the student-athlete;

11         (e)  The duration of the contract; and

12         (f)  The date of execution.

13         (3)  An agent contract must contain, in close proximity

14  to the signature of the student-athlete, a conspicuous notice

15  in boldface type in capital letters stating:

16

17                    WARNING TO STUDENT-ATHLETE

18

19         IF YOU SIGN THE CONTRACT:

20         1.  YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS

21         A STUDENT-ATHLETE IN YOUR SPORT;

22         2.  IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72

23         HOURS AFTER ENTERING INTO THE CONTRACT, YOU AND

24         YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC

25         DIRECTOR; AND

26         3.  YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS

27         AFTER SIGNING IT. HOWEVER, CANCELLATION OF THIS

28         CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

29

30         (4)  An agent contract that does not conform to this

31  section is voidable by the student-athlete. If a


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  1  student-athlete voids an agent contract, the student-athlete

  2  is not required to pay any consideration or return any

  3  consideration received from the athlete agent to induce the

  4  student-athlete to enter into the contract.

  5         (5)  The athlete agent shall give a record of the

  6  signed or authenticated agent contract to the student-athlete

  7  at the time of execution.

  8         (6)  Within 72 hours after entering into an agent

  9  contract or before the next scheduled athletic event in which

10  the student-athlete may participate, whichever occurs first,

11  the athlete agent must give notice in a record of the

12  existence of the contract to the athletic director of the

13  educational institution at which the student-athlete is

14  enrolled or the athlete agent has reasonable grounds to

15  believe the student-athlete intends to enroll.

16         (7)  Within 72 hours after entering into an agent

17  contract or before the next athletic event in which the

18  student-athlete may participate, whichever occurs first, the

19  student-athlete must inform the athletic director of the

20  educational institution at which the student-athlete is

21  enrolled that he or she has entered into an agent contract.

22         (8)  A student-athlete may cancel an agent contract by

23  giving notice of the cancellation to the athlete agent in a

24  record within 14 days after the contract is signed.

25         (9)  A student-athlete may not waive the right to

26  cancel an agent contract.

27         (10)  If a student-athlete cancels an agent contract,

28  the student-athlete is not required to pay any consideration

29  or return any consideration received from the athlete agent to

30  induce the student-athlete to enter into the contract.

31


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  1         (1)  An athlete agent and a student athlete who enter

  2  into an agent contract must provide written notice of the

  3  contract to the athletic director or the president of the

  4  college or university in which the student athlete is

  5  enrolled.  The athlete agent and the student must give the

  6  notice before the contracting student athlete practices or

  7  participates in any intercollegiate athletic event or within

  8  72 hours after entering into said contract, whichever comes

  9  first. Failure of the athlete agent to provide this

10  notification is a felony of the third degree, punishable as

11  provided in ss. 775.082, 775.083, 775.084, 775.089, and

12  775.091.

13         (2)  A written contract between a student athlete and

14  an athlete agent must state the fees and percentages to be

15  paid by the student athlete to the agent and must have a

16  notice printed near the student athlete's signature containing

17  the following statement in 10-point boldfaced type:

18         "WARNING TO THE STUDENT ATHLETE:  WHEN YOU SIGN THIS

19  CONTRACT, YOU WILL LIKELY IMMEDIATELY LOSE YOUR ELIGIBILITY TO

20  COMPETE IN INTERCOLLEGIATE ATHLETICS.  TO AVOID CRIMINAL

21  PROSECUTION YOU MUST GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED

22  INTO THIS CONTRACT TO THE ATHLETIC DIRECTOR OR PRESIDENT OF

23  YOUR COLLEGE OR UNIVERSITY WITHIN 72 HOURS AFTER ENTERING INTO

24  THIS CONTRACT OR PRIOR TO PARTICIPATING IN INTERCOLLEGIATE

25  ATHLETICS, WHICHEVER COMES FIRST. FAILURE TO PROVIDE THIS

26  NOTICE IS A CRIMINAL OFFENSE.  DO NOT SIGN THIS CONTRACT UNTIL

27  YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES.  YOU MAY

28  CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING

29  OF YOUR DESIRE TO CANCEL NOT LATER THAN THE 15TH DAY AFTER THE

30  DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS

31  CONTRACT, THE INTERCOLLEGIATE ATHLETIC ASSOCIATION OR


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  1  CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT

  2  RESTORE YOUR ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE

  3  ATHLETICS."

  4         (3)  An agent contract which does not meet the

  5  requirements of this section is void and unenforceable.

  6         (4)  Within 15 days after the date the athletic

  7  director or president of the college or university of the

  8  student athlete receives the notice required by this section

  9  that a student athlete has entered into an athlete agent

10  contract, the student athlete shall have the right to rescind

11  the contract with the athlete agent by giving written notice

12  to the athlete agent of the student athlete's rescission of

13  the contract.  The student athlete may not under any

14  circumstances waive the student athlete's right to rescind the

15  agent contract.

16         (5)  A postdated agent contract is void and

17  unenforceable.

18         (11)(6)  An athlete agent shall not enter into an agent

19  contract that purports to or takes effect at a future time

20  after the student athlete no longer has remaining eligibility

21  to participate in intercollegiate athletics. Such a contract

22  is void and unenforceable.

23         (12)(7)  An agent contract between a student athlete

24  and a person not licensed under this part is void and

25  unenforceable.

26         Section 112.  Effective July 1, 2001, subsection (3) of

27  section 468.456, Florida Statutes, is amended to read:

28         468.456  Prohibited acts.--

29         (3)  When the department finds any person guilty of any

30  of the prohibited acts set forth in subsection (1), the

31  department may enter an order imposing one or more of the


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  1  penalties provided for in s. 455.227, and an administrative

  2  fine not to exceed $25,000 for each separate offense. In

  3  addition to any other penalties or disciplinary actions

  4  provided for in this part, the department shall suspend or

  5  revoke the license of any athlete agent licensed under this

  6  part who violates paragraph (1)(f) or paragraph (1)(o) or s.

  7  468.45615.

  8         Section 113.  Effective July 1, 2001, subsection (4) is

  9  added to section 468.45615, Florida Statutes, to read:

10         468.45615  Provision of illegal inducements to athletes

11  prohibited; penalties; license suspension.--

12         (4)(a)  An athlete agent, with the intent to induce a

13  student-athlete to enter into an agent contract, may not:

14         1.  Give any materially false or misleading information

15  or make a materially false promise or representation;

16         2.  Furnish anything of value to a student-athlete

17  before the student-athlete enters into the agent contract; or

18         3.  Furnish anything of value to any individual other

19  than the student-athlete or another athlete agent.

20         (b)  An athlete agent may not intentionally:

21         1.  Initiate contact with a student-athlete unless

22  licensed under this part;

23         2.  Refuse or fail to retain or permit inspection of

24  the records required to be retained by s. 468.4565;

25         3.  Provide materially false or misleading information

26  in an application for licensure;

27         4.  Predate or postdate an agent contract;

28         5.  Fail to give notice of the existence of an agent

29  contract as required by s. 468.454(6); or

30         6.  Fail to notify a student-athlete before the

31  student-athlete signs or otherwise authenticates an agent


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                                          HB 1923, First Engrossed



  1  contract for a sport that the signing or authentication may

  2  make the student-athlete ineligible to participate as a

  3  student-athlete in that sport.

  4         (c)  An athlete agent who violates this subsection

  5  commits a felony of the second degree, punishable as provided

  6  in s. 775.082, s. 775.083, or s. 775.084.

  7         Section 114.  Effective July 1, 2001, section 468.4562,

  8  Florida Statutes, is amended to read:

  9         468.4562  Civil action by institution.--

10         (1)  A college or university may sue for damages, as

11  provided by this section, any person who violates this part.

12  A college or university may seek equitable relief to prevent

13  or minimize harm arising from acts or omissions which are or

14  would be a violation of this part.

15         (2)  For purposes of this section, a college or

16  university is damaged if, because of activities of the person,

17  the college or university is penalized, or is disqualified, or

18  suspended from participation in intercollegiate athletics by a

19  national association for the promotion and regulation of

20  intercollegiate athletics, or by an intercollegiate athletic

21  conference or by reasonable self-imposed disciplinary action

22  taken to mitigate sanctions likely to be imposed by such

23  organization and, because of that penalty, disqualification,

24  or suspension, or action the institution:

25         (a)  Loses revenue from media coverage of a sports

26  contest;

27         (b)  Loses the right to grant an athletic scholarship;

28         (c)  Loses the right to recruit an athlete;

29         (d)  Is prohibited from participating in postseason

30  athletic competition;

31         (e)  Forfeits an athletic contest; or


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                                          HB 1923, First Engrossed



  1         (f)  Otherwise suffers an adverse financial impact.

  2         (3)  An institution that prevails in a suit brought

  3  under this section may recover:

  4         (a)  Actual damages;

  5         (b)  Punitive damages;

  6         (c)  Treble damages;

  7         (d)  Court costs; and

  8         (e)  Reasonable attorney's fees.

  9         (4)  A right of action under this section does not

10  accrue until the educational institution discovers or by the

11  exercise of reasonable diligence would have discovered the

12  violation by the athlete agent or former student-athlete.

13         (5)  Any liability of the athlete agent or the former

14  student-athlete under this section is several and not joint.

15         (6)  This part does not restrict rights, remedies, or

16  defenses of any person under law or equity.

17         Section 115.  Effective July 1, 2001, subsection (1) of

18  section 468.4565, Florida Statutes, is amended to read:

19         468.4565  Business records requirement.--

20         (1)  An athlete agent who holds an active license and

21  engages in business as an athlete agent shall establish and

22  maintain complete financial and business records.  The athlete

23  agent shall save each entry into a financial or business

24  record for at least 5 4 years from the date of entry. These

25  records must include, but shall not be limited to:

26         (a)  The name and address of each individual

27  represented by the athlete agent;

28         (b)  Any agent contract entered into by the athlete

29  agent; and

30

31


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                                          HB 1923, First Engrossed



  1         (c)  Any direct costs incurred by the athlete agent in

  2  the recruitment or solicitation of a student-athlete to enter

  3  into an agent contract.

  4         Section 116.  Effective July 1, 2001, sections 468.4563

  5  and 468.4564, Florida Statutes, are repealed.

  6         Section 117.  Section 702.09, Florida Statutes, is

  7  amended to read:

  8         702.09  Definitions.--For the purposes of ss. 702.07

  9  and 702.08 the words "decree of foreclosure" shall include a

10  judgment or order rendered or passed in the foreclosure

11  proceedings in which the decree of foreclosure shall be

12  rescinded, vacated, and set aside; the word "mortgage" shall

13  mean any written instrument securing the payment of money or

14  advances and shall include liens to secure payment of

15  assessments arising under chapters 718, 719, and 720; the word

16  "debt" shall include promissory notes, bonds, and all other

17  written obligations given for the payment of money; the words

18  "foreclosure proceedings" shall embrace every action in the

19  circuit or county courts of this state wherein it is sought to

20  foreclose a mortgage and sell the property covered by the

21  same; and the word "property" shall mean and include both real

22  and personal property.

23         Section 118.  Paragraph (h) of subsection (4) and

24  subsection (5) of section 718.104, Florida Statutes, are

25  amended to read:

26         718.104  Creation of condominiums; contents of

27  declaration.--Every condominium created in this state shall be

28  created pursuant to this chapter.

29         (4)  The declaration must contain or provide for the

30  following matters:

31


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                                          HB 1923, First Engrossed



  1         (h)  If a developer reserves the right, in a

  2  declaration recorded on or after July 1, 2000, to create a

  3  multicondominium, the declaration must state, or provide a

  4  specific formula for determining, the fractional or percentage

  5  shares of liability for the common expenses of the association

  6  and of ownership of the common surplus of the association to

  7  be allocated to the units in each condominium to be operated

  8  by the association.  If a the declaration recorded on or after

  9  July 1, 2000, for a condominium operated by a multicondominium

10  association, as originally recorded, fails to so provide, the

11  share of liability for the common expenses of the association

12  and of ownership of the common surplus of the association

13  allocated to each unit in each condominium operated by the

14  association shall be a fraction of the whole, the numerator of

15  which is the number "one" and the denominator of which is the

16  total number of units in all condominiums operated by the

17  association.

18         (5)  The declaration as originally recorded, or as

19  amended pursuant to the procedures provided therein, may

20  include covenants and restrictions concerning the use,

21  occupancy, and transfer of the units permitted by law with

22  reference to real property. With the exception of amendments

23  that materially modify unit appurtenances as provided in s.

24  718.110(4), amendments may be applied to owners of units

25  existing as of the effective date of the amendment. This

26  section is intended to clarify existing law and applies to

27  associations existing on the effective date of this act.

28  However, the rule against perpetuities shall not defeat a

29  right given any person or entity by the declaration for the

30  purpose of allowing unit owners to retain reasonable control

31  over the use, occupancy, and transfer of units.


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                                          HB 1923, First Engrossed



  1         Section 119.  Paragraph (b) of subsection (2) of

  2  section 718.106, Florida Statutes, is amended to read:

  3         718.106  Condominium parcels; appurtenances; possession

  4  and enjoyment.--

  5         (2)  There shall pass with a unit, as appurtenances

  6  thereto:

  7         (b)  The exclusive right to use such portion of the

  8  common elements as may be provided by the declaration,

  9  including the right to transfer such right to other units or

10  unit owners to the extent authorized by the declaration as

11  originally recorded, or amendments to the declaration adopted

12  pursuant to the provisions contained therein under s.

13  718.110(2). Amendments to declarations of condominium

14  providing for the transfer of use rights with respect to

15  limited common elements are not amendments which materially

16  modify unit appurtenances as described in s. 718.110(4).

17  However, in order to be effective, the transfer of use rights

18  with respect to limited common elements must be effectuated in

19  conformity with the procedures set forth in the declaration as

20  originally recorded or as amended. Further, such transfers

21  must be evidenced by a written instrument which must be

22  executed with the formalities of a deed and recorded in the

23  land records of the county in which the condominium is located

24  in order to be effective. Such instrument of transfer must

25  also specify the legal description of the unit which is

26  transferring use rights, as well as the legal description of

27  the unit obtaining the transfer of such rights. This section

28  is intended to clarify existing law and applies to

29  associations existing on the effective date of this act.

30         Section 120.  Subsection (4) of section 718.110,

31  Florida Statutes, is amended to read:


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                                          HB 1923, First Engrossed



  1         718.110  Amendment of declaration; correction of error

  2  or omission in declaration by circuit court.--

  3         (4)  Unless otherwise provided in the declaration as

  4  originally recorded, no amendment may change the configuration

  5  or size of any unit in any material fashion, materially alter

  6  or modify the appurtenances to the unit, or change the

  7  proportion or percentage by which the unit owner shares the

  8  common expenses of the condominium and owns the common surplus

  9  of the condominium unless the record owner of the unit and all

10  record owners of liens on the unit join in the execution of

11  the amendment and unless all the record owners of all other

12  units in the same condominium approve the amendment.  The

13  acquisition of property by the association, and material

14  alterations or substantial additions to such property or the

15  common elements by the association in accordance with s.

16  718.111(7) or s. 718.113, amendments providing for the

17  transfer of use rights in limited common elements pursuant to

18  s. 718.106(2)(b), and amendments restricting or modifying the

19  right to lease condominium units shall not be deemed to

20  constitute a material alteration or modification of the

21  appurtenances to the units. With the exception of amendments

22  that materially modify unit appurtenances as provided in this

23  section, amendments may be applied to owners of units existing

24  as of the effective date of the amendment. This section is

25  intended to clarify existing law and applies to associations

26  existing on the effective date of this act. A declaration

27  recorded after April 1, 1992, may not require the approval of

28  less than a majority of total voting interests of the

29  condominium for amendments under this subsection, unless

30  otherwise required by a governmental entity.

31


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                                          HB 1923, First Engrossed



  1         Section 121.  Subsection (4), paragraph (a) of

  2  subsection (7), and subsection (13) of section 718.111,

  3  Florida Statutes, are amended to read:

  4         718.111  The association.--

  5         (4)  ASSESSMENTS; MANAGEMENT OF COMMON ELEMENTS.--The

  6  association has the power to make and collect assessments and

  7  to lease, maintain, repair, and replace the common elements or

  8  association property; however, the association may not charge

  9  a use fee against a unit owner for the use of common elements

10  or association property unless otherwise provided for in the

11  declaration of condominium or by a majority vote of the

12  association or unless the charges relate to expenses incurred

13  by an owner having exclusive use of the common elements or

14  association property.

15         (7)  TITLE TO PROPERTY.--

16         (a)  The association has the power to acquire title to

17  property or otherwise hold, convey, lease, and mortgage

18  association property for the use and benefit of its members.

19  The power to acquire personal property shall be exercised by

20  the board of administration. Except as otherwise permitted in

21  subsections (8) and (9) and in s. 718.114, no association may

22  acquire, convey, lease, or mortgage association real property

23  except in the manner provided in the declaration, and if the

24  declaration does not specify the procedure, then approval of

25  75 percent of the total voting interests shall be required.

26         (13)  FINANCIAL REPORTING.--Within 90 days after the

27  end of the fiscal year, or annually on a date provided in the

28  bylaws, the association shall prepare and complete, or

29  contract for the preparation and completion of cause to be

30  prepared and completed by a third party, a financial report

31  for the preceding fiscal year.  Within 21 days after the final


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                                          HB 1923, First Engrossed



  1  financial report is completed by the association or received

  2  by the association from the third party, but in no event later

  3  than 120 days after the end of the fiscal year, or such other

  4  date as is provided in the bylaws, the association shall mail

  5  to each unit owner at the address last furnished to the

  6  association by the unit owner, or hand deliver to each unit

  7  owner, a copy of the financial report or a notice that a copy

  8  of the financial report will be mailed or hand delivered to

  9  the unit owner, without charge, upon receipt of a written

10  request from the unit owner.  The division shall adopt rules

11  setting forth uniform accounting principles and standards to

12  be used by all associations and shall adopt rules addressing

13  financial reporting requirements for multicondominium

14  associations.  In adopting such rules, the division shall

15  consider the number of members and annual revenues of an

16  association.  Financial reports shall be prepared as follows:

17         (a)  An association that meets the criteria of this

18  paragraph shall prepare or cause to be prepared a complete set

19  of financial statements in accordance with generally accepted

20  accounting principles.  The financial statements shall be

21  based upon the association's total annual revenues, as

22  follows:

23         1.  An association with total annual revenues of

24  $100,000 or more, but less than $200,000, shall prepare

25  compiled financial statements.

26         2.  An association with total annual revenues of at

27  least $200,000, but less than $400,000, shall prepare reviewed

28  financial statements.

29         3.  An association with total annual revenues of

30  $400,000 or more shall prepare audited financial statements.

31


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                                          HB 1923, First Engrossed



  1         (b)1.  An association with total annual revenues of

  2  less than $100,000 shall prepare a report of cash receipts and

  3  expenditures.

  4         2.  An association which operates less than 50 units,

  5  regardless of the association's annual revenues, shall prepare

  6  a report of cash receipts and expenditures in lieu of

  7  financial statements required by paragraph (a).

  8         3.  A report of cash receipts and disbursements must

  9  disclose the amount of receipts by accounts and receipt

10  classifications and the amount of expenses by accounts and

11  expense classifications, including, but not limited to, the

12  following, as applicable: costs for security, professional and

13  management fees and expenses, taxes, costs for recreation

14  facilities, expenses for refuse collection and utility

15  services, expenses for lawn care, costs for building

16  maintenance and repair, insurance costs, administration and

17  salary expenses, and reserves accumulated and expended for

18  capital expenditures, deferred maintenance, and any other

19  category for which the association maintains reserves.

20         (c)  An association may prepare or cause to be

21  prepared, without a meeting of or approval by the unit owners:

22         1.  Compiled, reviewed, or audited financial

23  statements, if the association is required to prepare a report

24  of cash receipts and expenditures;

25         2.  Reviewed or audited financial statements, if the

26  association is required to prepare compiled financial

27  statements; or

28         3.  Audited financial statements if the association is

29  required to prepare reviewed financial statements.

30

31


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  1         (d)  If approved by a majority of the voting interests

  2  present at a properly called meeting of the association, an

  3  association may prepare or cause to be prepared:

  4         1.  A report of cash receipts and expenditures in lieu

  5  of a compiled, reviewed, or audited financial statement;

  6         2.  A report of cash receipts and expenditures or a

  7  compiled financial statement in lieu of a reviewed or audited

  8  financial statement; or

  9         3.  A report of cash receipts and expenditures, a

10  compiled financial statement, or a reviewed financial

11  statement in lieu of an audited financial statement.

12

13  Such meeting and approval must occur prior to the end of the

14  fiscal year and is effective only for the fiscal year in which

15  the vote is taken. With respect to an association to which the

16  developer has not turned over control of the association, all

17  unit owners, including the developer, may vote on issues

18  related to the preparation of financial reports for the first

19  2 fiscal years of the association's operation, beginning with

20  the fiscal year in which the declaration is recorded.

21  Thereafter, all unit owners except the developer may vote on

22  such issues until control is turned over to the association by

23  the developer.

24         Section 122.  Subsection (3) of section 718.112,

25  Florida Statutes, is amended to read:

26         718.112  Bylaws.--

27         (3)  OPTIONAL PROVISIONS.--The bylaws as originally

28  recorded, or as amended pursuant to the procedure provided

29  therein, may provide for the following:

30

31


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  1         (a)  A method of adopting and amending administrative

  2  rules and regulations governing the details of the operation

  3  and use of the common elements.

  4         (b)  Restrictions on and requirements for the use,

  5  maintenance, and appearance of the units and the use of the

  6  common elements.

  7         (c)  Other provisions which are not inconsistent with

  8  this chapter or with the declaration, as may be desired. This

  9  subsection is intended to clarify existing law and applies to

10  associations existing on the effective date of this act.

11         Section 123.  Subsection (2) of section 718.113,

12  Florida Statutes, is amended to read:

13         718.113  Maintenance; limitation upon improvement;

14  display of flag; hurricane shutters.--

15         (2)(a)  Except as otherwise provided in this section,

16  there shall be no material alteration or substantial additions

17  to the common elements or to real property which is

18  association property, except in a manner provided in the

19  declaration as originally recorded or as amended pursuant to

20  the procedures provided therein.  If the declaration as

21  originally recorded or amended does not specify the procedure

22  for approval of material alterations or substantial additions,

23  75 percent of the total voting interests of the association

24  must approve the alterations or additions.  This paragraph is

25  intended to clarify existing law and applies to associations

26  existing on the effective date of this act.

27         (b)  There shall not be any material alteration of, or

28  substantial addition to, the common elements of any

29  condominium operated by a multicondominium association unless

30  approved in the manner provided in the declaration of the

31  affected condominium or condominiums as originally recorded,


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  1  or as amended pursuant to the procedures provided therein. If

  2  a declaration as originally recorded or amended does not

  3  specify a procedure for approving such an alteration or

  4  addition, the approval of 75 percent of the total voting

  5  interests of each affected condominium is required. This

  6  subsection does not prohibit a provision in any declaration,

  7  articles of incorporation, or bylaws as originally recorded or

  8  amended requiring the approval of unit owners in any

  9  condominium operated by the same association or requiring

10  board approval before a material alteration or substantial

11  addition to the common elements is permitted. This paragraph

12  is intended to clarify existing law and applies to

13  associations existing on the effective date of this act.

14         (c)  There shall not be any material alteration or

15  substantial addition made to association real property

16  operated by a multicondominium association, except as provided

17  in the declaration, articles of incorporation, or bylaws as

18  said documents are originally recorded or amended pursuant to

19  the procedures provided therein. If the declaration, articles

20  of incorporation, or bylaws do not specify the procedure for

21  approving an alteration or addition to association real

22  property, the approval of 75 percent of the total voting

23  interests of the association is required. This paragraph is

24  intended to clarify existing law and applies to associations

25  existing on the effective date of this act.

26         Section 124.  Paragraphs (b) and (c) of subsection (1)

27  of section 718.115, Florida Statutes, are amended to read:

28         718.115  Common expenses and common surplus.--

29         (1)

30         (b)  The common expenses of a condominium within a

31  multicondominium are the common expenses directly attributable


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                                          HB 1923, First Engrossed



  1  to the operation of that condominium. The common expenses of a

  2  multicondominium association do not include the common

  3  expenses directly attributable to the operation of any

  4  specific condominium or condominiums within the

  5  multicondominium. This paragraph is intended to clarify

  6  existing law and applies to associations existing on the

  7  effective date of this act.

  8         (c)  The common expenses of a multicondominium

  9  association may include categories of expenses related to the

10  property or common elements within a specific condominium in

11  the multicondominium if such property or common elements are

12  areas in which all members of the multicondominium association

13  have use rights or from which all members receive tangible

14  economic benefits. Such common expenses of the association

15  shall be identified in the declaration or bylaws of each

16  condominium within the multicondominium association. This

17  paragraph is intended to clarify existing law and applies to

18  associations existing on the effective date of this act.

19         Section 125.  Subsections (1) and (4) of section

20  718.405, Florida Statutes, are amended to read:

21         718.405  Multicondominiums; multicondominium

22  associations.--

23         (1)  An association may operate more than one

24  condominium. For multicondominiums created on or after July 1,

25  2000, if the declaration for each condominium to be operated

26  by that association shall provide provides for participation

27  in a multicondominium, in conformity with this section, and

28  disclose discloses or describe describes:

29         (a)  The manner or formula by which the assets,

30  liabilities, common surplus, and common expenses of the

31  association will be apportioned among the units within the


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  1  condominiums operated by the association, in accordance with

  2  s. 718.104(4)(g) or (h), as applicable.

  3         (b)  Whether unit owners in any other condominium, or

  4  any other persons, will or may have the right to use

  5  recreational areas or any other facilities or amenities that

  6  are common elements of the condominium, and, if so, the

  7  specific formula by which the other users will share the

  8  common expenses related to those facilities or amenities.

  9         (c)  Recreational and other commonly used facilities or

10  amenities which the developer has committed to provide that

11  will be owned, leased by, or dedicated by a recorded plat to

12  the association but which are not included within any

13  condominium operated by the association. The developer may

14  reserve the right to add additional facilities or amenities if

15  the declaration and prospectus for each condominium to be

16  operated by the association contains the following statement

17  in conspicuous type and in substantially the following form:

18  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT

19  CONSENT OF UNIT OWNERS OR THE ASSOCIATION.

20         (d)  The voting rights of the unit owners in the

21  election of directors and in other multicondominium

22  association affairs when a vote of the owners is taken,

23  including, but not limited to, a statement as to whether each

24  unit owner will have a right to personally cast his or her own

25  vote in all matters voted upon.

26         (4)  This section does not prevent or restrict the

27  formation of a multicondominium by the merger or consolidation

28  of two or more condominium associations. Mergers or

29  consolidations of associations shall be accomplished in

30  accordance with this chapter, the declarations of the

31  condominiums being merged or consolidated, and chapter 617.


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                                          HB 1923, First Engrossed



  1  Section 718.110(4) does not apply to amendments to

  2  declarations necessary to effect a merger or consolidation.

  3  This section is intended to clarify existing law and applies

  4  to associations existing on the effective date of this act.

  5         Section 126.  Subsection (2) of section 718.503,

  6  Florida Statutes, is amended to read:

  7         718.503  Developer disclosure prior to sale;

  8  nondeveloper unit owner disclosure prior to sale;

  9  voidability.--

10         (2)  NONDEVELOPER DISCLOSURE.--

11         (a)  Each unit owner who is not a developer as defined

12  by this chapter shall comply with the provisions of this

13  subsection prior to the sale of his or her unit.  Each

14  prospective purchaser who has entered into a contract for the

15  purchase of a condominium unit is entitled, at the seller's

16  expense, to a current copy of the declaration of condominium,

17  articles of incorporation of the association, bylaws, and

18  rules of the association, as well as a copy of the question

19  and answer sheet provided for by s. 718.504 and a copy of the

20  financial information required by s. 718.111.

21         (b)  If a person licensed under part I of chapter 475

22  provides to or otherwise obtains for a prospective purchaser

23  the documents described in this subsection, the person is not

24  liable for any error or inaccuracy contained in the documents.

25         (c)  Each contract entered into after July 1, 1992, for

26  the resale of a residential unit shall contain in conspicuous

27  type either:

28         1.  A clause which states:  THE BUYER HEREBY

29  ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF

30  THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF

31  THE ASSOCIATION, BYLAWS, RULES OF THE ASSOCIATION, AND A COPY


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                                          HB 1923, First Engrossed



  1  OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE

  2  QUESTION AND ANSWER SHEET MORE THAN 3 DAYS, EXCLUDING

  3  SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF

  4  THIS CONTRACT; or

  5         2.  A clause which states:  THIS AGREEMENT IS VOIDABLE

  6  BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION

  7  TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND

  8  LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT

  9  BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE

10  DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS,

11  AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT

12  YEAR-END FINANCIAL INFORMATION AND QUESTION AND ANSWER SHEET

13  IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE

14  VOIDABILITY RIGHTS SHALL BE OF NO EFFECT.  BUYER MAY EXTEND

15  THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS,

16  EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE

17  BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,

18  BYLAWS, AND RULES, AND QUESTION AND ANSWER SHEET IF REQUESTED

19  IN WRITING.  BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL

20  TERMINATE AT CLOSING.

21

22  A contract that does not conform to the requirements of this

23  paragraph is voidable at the option of the purchaser prior to

24  closing.

25         Section 127.  Subsection (15) of section 718.504,

26  Florida Statutes, is amended to read:

27         718.504  Prospectus or offering circular.--Every

28  developer of a residential condominium which contains more

29  than 20 residential units, or which is part of a group of

30  residential condominiums which will be served by property to

31  be used in common by unit owners of more than 20 residential


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                                          HB 1923, First Engrossed



  1  units, shall prepare a prospectus or offering circular and

  2  file it with the Division of Florida Land Sales, Condominiums,

  3  and Mobile Homes prior to entering into an enforceable

  4  contract of purchase and sale of any unit or lease of a unit

  5  for more than 5 years and shall furnish a copy of the

  6  prospectus or offering circular to each buyer.  In addition to

  7  the prospectus or offering circular, each buyer shall be

  8  furnished a separate page entitled "Frequently Asked Questions

  9  and Answers," which shall be in accordance with a format

10  approved by the division and a copy of the financial

11  information required by s. 718.111.  This page shall, in

12  readable language, inform prospective purchasers regarding

13  their voting rights and unit use restrictions, including

14  restrictions on the leasing of a unit; shall indicate whether

15  and in what amount the unit owners or the association is

16  obligated to pay rent or land use fees for recreational or

17  other commonly used facilities; shall contain a statement

18  identifying that amount of assessment which, pursuant to the

19  budget, would be levied upon each unit type, exclusive of any

20  special assessments, and which shall further identify the

21  basis upon which assessments are levied, whether monthly,

22  quarterly, or otherwise; shall state and identify any court

23  cases in which the association is currently a party of record

24  in which the association may face liability in excess of

25  $100,000; and which shall further state whether membership in

26  a recreational facilities association is mandatory, and if so,

27  shall identify the fees currently charged per unit type.  The

28  division shall by rule require such other disclosure as in its

29  judgment will assist prospective purchasers. The prospectus or

30  offering circular may include more than one condominium,

31  although not all such units are being offered for sale as of


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                                          HB 1923, First Engrossed



  1  the date of the prospectus or offering circular.  The

  2  prospectus or offering circular must contain the following

  3  information:

  4         (15)  If a the condominium created on or after July 1,

  5  2000, is or may become part of a multicondominium, the

  6  following information must be provided:

  7         (a)  A statement in conspicuous type in substantially

  8  the following form:  THIS CONDOMINIUM IS (MAY BE) PART OF A

  9  MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL

10  (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately

11  following this statement, the location in the prospectus or

12  offering circular and its exhibits where the multicondominium

13  aspects of the offering are described must be stated.

14         (b)  A summary of the provisions in the declaration,

15  articles of incorporation, and bylaws which establish and

16  provide for the operation of the multicondominium, including a

17  statement as to whether unit owners in the condominium will

18  have the right to use recreational or other facilities located

19  or planned to be located in other condominiums operated by the

20  same association, and the manner of sharing the common

21  expenses related to such facilities.

22         (c)  A statement of the minimum and maximum number of

23  condominiums, and the minimum and maximum number of units in

24  each of those condominiums, which will or may be operated by

25  the association, and the latest date by which the exact number

26  will be finally determined.

27         (d)  A statement as to whether any of the condominiums

28  in the multicondominium may include units intended to be used

29  for nonresidential purposes and the purpose or purposes

30  permitted for such use.

31


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                                          HB 1923, First Engrossed



  1         (e)  A general description of the location and

  2  approximate acreage of any land on which any additional

  3  condominiums to be operated by the association may be located.

  4         Section 128.  Except as otherwise expressly provided in

  5  this act, this act shall take effect October 1, 2001.

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