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:
31
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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.
31
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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.
31
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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.
31
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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.
31
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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.
                                  17
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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
                                  18
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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
                                  19
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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
                                  20
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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
                                  21
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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.
                                  22
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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.
                                  23
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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
                                  24
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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
                                  25
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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
                                  26
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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
                                  29
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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
                                  30
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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.
31
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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.
31
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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
                                  33
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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
                                  40
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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
                                  48
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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
                                  49
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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;
31
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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
31
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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.
31
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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.
31
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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
31
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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.
31
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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;
31
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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.
31
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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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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
31
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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.
31
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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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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:
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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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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                                          HB 1923, First Engrossed
  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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