SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
CHAMBER ACTION
Senate House
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11 Senator Campbell moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (7) is repealed and paragraph
18 (d) of subsection (2), paragraph (a) of subsection (4), and
19 subsection (6) of section 20.165, Florida Statutes, are
20 amended to read:
21 20.165 Department of Business and Professional
22 Regulation.--There is created a Department of Business and
23 Professional Regulation.
24 (2) The following divisions of the Department of
25 Business and Professional Regulation are established:
26 (d) Division of Florida Land Sales, Condominiums,
27 Timeshare, and Mobile Homes.
28 (4)(a) The following boards are established within the
29 Division of Professions:
30 1. Board of Architecture and Interior Design, created
31 under part I of chapter 481.
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1 2. Florida Board of Auctioneers, created under part VI
2 of chapter 468.
3 3. Barbers' Board of Barbering and Cosmetology,
4 created under chapter 476.
5 4. Florida Building Code Administrators and Inspectors
6 Board, created under part XII of chapter 468.
7 5. Construction Industry Licensing Board, created
8 under part I of chapter 489.
9 6. Board of Cosmetology, created under chapter 477.
10 6.7. Electrical Contractors' Licensing Board, created
11 under part II of chapter 489.
12 7.8. Board of Employee Leasing Companies, created
13 under part XI of chapter 468.
14 8.9. Board of Funeral Directors and Embalmers, created
15 under chapter 470.
16 9.10. Board of Landscape Architecture, created under
17 part II of chapter 481.
18 10.11. Board of Pilot Commissioners, created under
19 chapter 310.
20 11.12. Board of Professional Engineers, created under
21 chapter 471.
22 12.13. Board of Professional Geologists, created under
23 chapter 492.
24 13.14. Board of Professional Surveyors and Mappers,
25 created under chapter 472.
26 14.15. Board of Veterinary Medicine, created under
27 chapter 474.
28 (6) Each board with five or more than seven members
29 shall have at least two consumer members who are not, and have
30 never been, members or practitioners of the profession
31 regulated by such board or of any closely related profession.
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Amendment No. ___ Barcode 690828
1 Each board with seven or fewer than five members shall have at
2 least one consumer member who is not, and has never been, a
3 member or practitioner of the profession regulated by such
4 board or of any closely related profession.
5 (7) No board, with the exception of joint
6 coordinatorships, shall be transferred from its present
7 location unless authorized by the Legislature in the General
8 Appropriations Act.
9 Section 2. Section 326.001, Florida Statutes, is
10 amended to read:
11 326.001 Short title.--This chapter Sections
12 326.001-326.006 may be cited as the "Yacht and Ship Brokers'
13 Act."
14 Section 3. Section 326.002, Florida Statutes, is
15 amended to read:
16 326.002 Definitions.--As used in this chapter ss.
17 326.001-326.006, the term:
18 (1) "Broker" means a person who, for or in expectation
19 of compensation: sells, offers, or negotiates to sell; buys,
20 offers, or negotiates to buy; solicits or obtains listings of;
21 or negotiates the purchase, sale, or exchange of, yachts for
22 other persons.
23 (2) "Department" "Division" means the Division of
24 Florida Land Sales, Condominiums, and Mobile Homes of the
25 Department of Business and Professional Regulation.
26 (3) "Salesperson" means a person who, for or in
27 expectation of compensation, is employed by a broker to
28 perform any acts of a broker.
29 (4) "Yacht" means any vessel which is propelled by
30 sail or machinery in the water which exceeds 32 feet in
31 length, and which weighs less than 300 gross tons.
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Amendment No. ___ Barcode 690828
1 (5) "Person" means an individual, partnership, firm,
2 corporation, association, or other entity.
3 Section 4. Section 326.003, Florida Statutes, is
4 amended to read:
5 326.003 Administration.--The department division
6 shall:
7 (1) Administer ss. 326.001-326.006 and collect fees
8 sufficient to administer this chapter ss. 326.001-326.006.
9 (2) Adopt rules pursuant to ss. 120.536(1) and 120.54
10 necessary to administer this chapter implement ss.
11 326.001-326.006 and to classify brokers and salespersons and
12 regulate their activities.
13 (3) Enforce the provisions of this chapter ss.
14 326.001-326.006 against any person who operates as a broker or
15 salesperson without a license.
16 Section 5. Section 326.004, Florida Statutes, is
17 amended to read:
18 326.004 Licensing.--
19 (1) A person may not act as a broker or salesperson
20 unless licensed under the Yacht and Ship Brokers' Act. The
21 department division shall adopt rules establishing a procedure
22 for the biennial renewal of licenses.
23 (2) A broker may not engage in business as a broker
24 under a fictitious name unless his or her license is issued in
25 such name.
26 (3) A license is not required for:
27 (a) A person who sells his or her own yacht.
28 (b) An attorney at law for services rendered in his or
29 her professional capacity.
30 (c) A receiver, trustee, or other person acting under
31 a court order.
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1 (d) A transaction involving the sale of a new yacht.
2 (e) A transaction involving the foreclosure of a
3 security interest in a yacht.
4 (4) Any person who purchases a used yacht for resale
5 must transfer title to such yacht into his or her name and
6 maintain the title or bill of sale in his or her possession to
7 be exempt from licensure.
8 (5) The department division by rule shall establish
9 fees for application, initial licensing, biennial renewal, and
10 reinstatement of licenses in an amount not to exceed $500.
11 The fees must be set in an amount that is adequate to
12 proportionately fund the expenses of the department division
13 in this chapter ss. 326.001-326.006.
14 (6) The department division may deny a license or
15 license renewal to any applicant who does not:
16 (a) Furnish proof satisfactory to the department
17 division that he or she is of good moral character.
18 (b) Certify that he or she has never been convicted of
19 a felony.
20 (c) Post the bond required by the Yacht and Ship
21 Brokers' Act.
22 (d) Demonstrate that he or she is a resident of this
23 state or that he or she conducts business in this state.
24 (e) Furnish a full set of fingerprints taken within
25 the 6 months immediately preceding the submission of the
26 application.
27 (f) Have a current license and has operated as a
28 broker or salesperson without a license.
29 (7)(a) Before any license may be issued to a yacht or
30 ship broker, he or she must deliver to the department division
31 a good and sufficient surety bond or irrevocable letter of
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1 credit, executed by the broker as principal, in the sum of
2 $25,000.
3 (b) Surety bonds and irrevocable letters of credit
4 must be in a form to be approved by the department division
5 and must be conditioned upon the broker complying with the
6 terms of any written contract made by such broker in
7 connection with the sale or exchange of any yacht or ship and
8 not violating any of the provisions of the Yacht and Ship
9 Brokers' Act in the conduct of the business for which he or
10 she is licensed. The bonds and letters of credit must be
11 delivered to the department division and in favor of any
12 person in a transaction who suffers any loss as a result of
13 any violation of the conditions in this chapter ss.
14 326.001-326.006. When the department division determines that
15 a person has incurred a loss as a result of a violation of the
16 Yacht and Ship Brokers' Act, it shall notify the person in
17 writing of the existence of the bond or letter of credit. The
18 bonds and letters of credit must cover the license period, and
19 a new bond or letter of credit or a proper continuation
20 certificate must be delivered to the department division at
21 the beginning of each license period. However, the aggregate
22 liability of the surety in any one year may not exceed the sum
23 of the bond or, in the case of a letter of credit, the
24 aggregate liability of the issuing bank may not exceed the sum
25 of the credit.
26 (c) Surety bonds must be executed by a surety company
27 authorized to do business in the state as surety, and
28 irrevocable letters of credit must be issued by a bank
29 authorized to do business in the state as a bank.
30 (d) Irrevocable letters of credit must be engaged by a
31 bank as an agreement to honor demands for payment as specified
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1 in this section.
2
3 The security for a broker must remain on deposit for a period
4 of 1 year after he or she ceases to be a broker.
5 (8) A person may not be licensed as a broker unless he
6 or she has been a salesperson for at least 2 consecutive
7 years, and may not be licensed as a broker after October 1,
8 1990, unless he or she has been licensed as a salesperson for
9 at least 2 consecutive years.
10 (9) An applicant for a salesperson's license or its
11 renewal must deposit with the department division a bond or
12 equivalent securities in the sum of $10,000 subject to the
13 conditions in subsection (7).
14 (10) Upon a final judgment being rendered against a
15 yacht broker or salesperson for a violation of this chapter
16 ss. 326.001-326.006 which results in any action being
17 commenced on the bond or letter of credit, the department
18 division may require the filing of a new bond or letter of
19 credit and immediately on the recovery in any action on such
20 bond or letter of credit, the broker or salesperson involved
21 must file a new bond or letter of credit. His or her failure
22 to do so within 10 days constitutes grounds for the suspension
23 or revocation of his or her license.
24 (11) Any person injured by the fraud, deceit, or
25 willful negligence of any broker or salesperson or by the
26 failure of any broker or salesperson to comply with the Yacht
27 and Ship Brokers' Act or other law may file an action for
28 damages upon the respective bonds against the principals and
29 the surety.
30 (12) If a surety notifies the department division that
31 it is no longer the surety for a licensee, the department
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1 division shall notify the licensee of such withdrawal by
2 certified mail, return receipt requested, addressed to the
3 licensee's principal office. Upon the termination of such
4 surety the licensee's license is automatically suspended until
5 he or she files a new bond with the department division.
6 (13) Each broker must maintain a principal place of
7 business in this state and may establish branch offices in the
8 state. A separate license must be maintained for each branch
9 office. The department division shall establish by rule a fee
10 not to exceed $100 for each branch office license.
11 (14)(a) Each license must be prominently displayed in
12 the office of the broker.
13 (b) Each salesperson's license must remain in the
14 possession of the employing broker until canceled or until the
15 salesperson leaves such employment. Immediately upon a
16 salesperson's withdrawal from the employment of a broker, the
17 broker must return the salesperson's license to the department
18 division for cancellation.
19 (15) The department division shall provide by rule for
20 the issuance of a temporary 90-day license to an applicant
21 while the Florida Department of Law Enforcement and the
22 Federal Bureau of Investigation conduct conducts a national
23 criminal history analysis of the applicant by means of
24 fingerprint identification.
25 Section 6. Section 326.006, Florida Statutes, is
26 amended to read:
27 326.006 Powers and duties of department division.--
28 (1) Proceedings under the Yacht and Ship Brokers' Act
29 shall be conducted pursuant to chapter 120.
30 (2) The department may division has the power to
31 enforce and ensure compliance with the provisions of this
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Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 chapter and rules adopted under this chapter relating to the
2 sale and ownership of yachts and ships. In performing its
3 duties, the department division has the following powers and
4 duties:
5 (a) The department division may make necessary public
6 or private investigations within or outside this state to
7 determine whether any person has violated this chapter or any
8 rule or order issued under this chapter, to aid in the
9 enforcement of this chapter, or to aid in the adoption of
10 rules or forms under this chapter.
11 (b) The department division may require or permit any
12 person to file a statement in writing, under oath or
13 otherwise, as the department division determines, as to the
14 facts and circumstances concerning a matter to be
15 investigated.
16 (c) For the purpose of any investigation under this
17 chapter, the secretary of the department division director or
18 any officer or employee designated by the secretary division
19 director may administer oaths or affirmations, subpoena
20 witnesses and compel their attendance, take evidence, and
21 require the production of any matter that is relevant to the
22 investigation, including the existence, description, nature,
23 custody, condition, and location of any books, documents, or
24 other tangible things and the identity and location of persons
25 having knowledge of relevant facts or any other matter
26 reasonably calculated to lead to the discovery of material
27 evidence. Upon the failure by a person to obey a subpoena or
28 to answer questions propounded by the department investigating
29 officer and upon reasonable notice to all persons affected
30 thereby, the department division may apply to the circuit
31 court for an order compelling compliance, may impose a civil
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1 penalty, and may suspend or revoke the licensee's license.
2 (d) Notwithstanding any remedies available to a yacht
3 or ship purchaser, if the department division has reasonable
4 cause to believe that a violation of any provision of this
5 chapter or rule adopted under this chapter has occurred, the
6 department division may institute enforcement proceedings in
7 its own name against any broker or salesperson or any of his
8 or her assignees or agents, or against any unlicensed person
9 or any of his or her assignees or agents, as follows:
10 1. The department division may permit a person whose
11 conduct or actions are under investigation to waive formal
12 proceedings and enter into a consent proceeding whereby
13 orders, rules, or letters of censure or warning, whether
14 formal or informal, may be entered against the person.
15 2. The department division may issue an order
16 requiring the broker or salesperson or any of his or her
17 assignees or agents, or requiring any unlicensed person or any
18 of his or her assignees or agents, to cease and desist from
19 the unlawful practice and take such affirmative action as in
20 the judgment of the department division will carry out the
21 purposes of this chapter.
22 3. The department division may bring an action in
23 circuit court on behalf of a class of yacht or ship purchasers
24 for declaratory relief, injunctive relief, or restitution.
25 4. The department division may impose a civil penalty
26 against a broker or salesperson or any of his or her assignees
27 or agents, or against an unlicensed person or any of his or
28 her assignees or agents, for any violation of this chapter or
29 a rule adopted under this chapter. A penalty may be imposed
30 for each day of continuing violation, but in no event may the
31 penalty for any offense exceed $10,000. All amounts collected
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1 must be deposited with the Treasurer to the credit of the
2 Professional Regulation Division of Florida Land Sales,
3 Condominiums, and Mobile Homes Trust Fund. If a broker,
4 salesperson, or unlicensed person working for a broker, fails
5 to pay the civil penalty, the department division shall
6 thereupon issue an order suspending the broker's license until
7 such time as the civil penalty is paid or may pursue
8 enforcement of the penalty in a court of competent
9 jurisdiction. The order imposing the civil penalty or the
10 order of suspension may not become effective until 20 days
11 after the date of such order. Any action commenced by the
12 department division must be brought in the county in which the
13 department division has its executive offices or in the county
14 where the violation occurred.
15 (e) The department division may suspend or revoke the
16 license of a broker or salesperson who:
17 1. Makes a substantial and intentional
18 misrepresentation, with respect to a transaction involving a
19 yacht, upon which any person has relied.
20 2. Makes a false warranty, with respect to a
21 transaction involving a yacht, of a character likely to
22 influence, persuade, or induce any person with whom business
23 is transacted.
24 3. Engages in continued misrepresentation or makes
25 false warranties with respect to transactions involving a
26 yacht, whether or not relied upon by another person.
27 4. Acts for both the buyer and seller in a transaction
28 involving a yacht without the knowledge and written consent of
29 both parties.
30 5. Commingles the money or other property of his or
31 her principal with his or her own.
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1 6. Commits fraud or dishonest acts in the conduct of
2 any transaction involving a yacht.
3 7. Allows an unlicensed person to use his or her name
4 to evade the provisions of the Yacht and Ship Brokers' Act.
5 8. Violates any law governing the transactions
6 involving a yacht, including any provision relating to the
7 collection or payment of sales or use taxes.
8 9. Engages in acts that are evidence of a lack of good
9 moral character.
10 10. Is convicted of a felony.
11 (f) The department division may suspend or revoke the
12 license of a broker or salesperson who has:
13 1. Procured a license for himself or herself or
14 another by fraud, misrepresentation, falsification, or deceit.
15 2. Been found guilty of a felony or a crime of moral
16 turpitude.
17 3. Had a license or registration revoked, suspended,
18 or sanctioned in another state.
19 (3) All fees must be deposited in the Professional
20 Regulation Division of Florida Land Sales, Condominiums, and
21 Mobile Homes Trust Fund as provided by law.
22 Section 7. The regulation of yacht and ship brokers
23 and salespersons is reassigned within the Department of
24 Business and Professional Regulation from the Division of
25 Florida Land Sales, Condominiums, and Mobile Homes to the
26 Division of Professions. All funds collected by the department
27 pursuant to the regulation of yacht and ship brokers and
28 salespersons and all funds in the account created within the
29 Florida Land Sales, Condominiums, and Mobile Homes Trust Fund
30 for such regulation shall be deposited in an account created
31 within the Professional Regulation Trust Fund for the same
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1 purpose.
2 Section 8. Effective upon this act becoming a law,
3 section 399.061, Florida Statutes, is amended to read:
4 399.061 Inspections; correction of deficiencies.--
5 (1)(a) All elevators or other conveyances subject to
6 this chapter must be annually inspected by a certified
7 elevator inspector through a third-party inspection service,
8 or by a municipality or county under contract with the
9 division pursuant to s. 399.13. If the elevator or other
10 conveyance is by a third-party inspection service certified as
11 a qualified elevator inspector or maintained pursuant to a
12 service maintenance contract continuously in force, it shall
13 be inspected at least once every two years by a certified
14 elevator inspector not employed by or otherwise associated
15 with the maintenance company; however, if the elevator is not
16 an escalator or a dumbwaiter and the elevator serves only two
17 adjacent floors and is covered by a service maintenance
18 contract, no inspection shall be required so long as the
19 service contract remains in effect. A statement verifying the
20 existence, performance, and cancellation of each service
21 maintenance contract must be filed annually with the division
22 as prescribed by rule. All elevators covered by a service
23 maintenance contract shall be inspected by a
24 certificate-of-competency holder at least once every 2 years;
25 however, if the elevator is not an escalator or a dumbwaiter
26 and the elevator serves only two adjacent floors and is
27 covered by a service maintenance contract, no inspection shall
28 be required so long as the service contract remains in effect.
29 (b) The division may inspect an elevator whenever
30 necessary to ensure its safe operation or when a third-party
31 inspection service is not available for routine inspection.
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1 (2) The division may shall employ state elevator
2 inspectors to conduct the inspections as required by
3 subsection (1) and may charge an inspection fee for each
4 inspection sufficient to cover the costs of that inspection,
5 as provided by rule. Each state elevator inspector shall hold
6 a certificate of competency issued by the division.
7 (3) Whenever the division determines from the results
8 of any inspection that, in the interest of the public safety,
9 an elevator is in an unsafe condition, the division may seal
10 the elevator or order the discontinuance of the use of the
11 elevator until the division determines by inspection that such
12 elevator has been satisfactorily repaired or replaced so that
13 the elevator may be operated in a safe manner.
14 (4) When the division determines that an elevator is
15 in violation of this chapter, the division may issue an order
16 to the elevator owner requiring correction of the violation.
17 Section 9. Effective July 1, 2001, subsection (1) of
18 section 455.213, Florida Statutes, is amended, and subsections
19 (11) and (12) are added to that section, to read:
20 455.213 General licensing provisions.--
21 (1) Any person desiring to be licensed shall apply to
22 the department in writing. The application for licensure shall
23 be made on a form prepared and furnished by the department and
24 include the applicant's social security number.
25 Notwithstanding any other provision of law, the department is
26 the sole authority for determining the content of any
27 documents to be submitted for initial licensure and licensure
28 renewal. Such documents may contain information including, as
29 appropriate demographics, education, work history, personal
30 background, criminal history, finances, business information,
31 complaints, inspections, investigations, discipline, bonding,
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1 signature notarization, photographs, performance periods,
2 reciprocity, local government approvals, supporting
3 documentation, periodic reporting requirements, fingerprint
4 requirements, continuing education requirements, and ongoing
5 education monitoring. The application shall be supplemented as
6 needed to reflect any material change in any circumstance or
7 condition stated in the application which takes place between
8 the initial filing of the application and the final grant or
9 denial of the license and which might affect the decision of
10 the department. In order to further the economic development
11 goals of the state, and notwithstanding any law to the
12 contrary, the department may enter into an agreement with the
13 county tax collector for the purpose of appointing the county
14 tax collector as the department's agent to accept applications
15 for licenses and applications for renewals of licenses. The
16 agreement must specify the time within which the tax collector
17 must forward any applications and accompanying application
18 fees to the department. In cases where a person applies or
19 schedules directly with a national examination organization or
20 examination vendor to take an examination required for
21 licensure, any organization- or vendor-related fees associated
22 with the examination may be paid directly to the organization
23 or vendor.
24 (11) Any submission required to be in writing may be
25 made by electronic means.
26 (12) The department may not issue or renew a license
27 to any person who is not in compliance with all provisions of
28 a final order of a board or the department until that person
29 is in compliance with all terms and conditions of the final
30 order. The department may not issue or renew a license to any
31 person who is not in compliance with all legal obligations
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1 under this chapter or the relevant practice act, including,
2 but not limited to, the obligation to pay all fees and
3 assessments that are owed and to complete all continuing
4 education requirements. This subsection applies to all
5 divisions within the department.
6 Section 10. Section 455.224, Florida Statutes, is
7 amended to read:
8 455.224 Authority to issue citations.--
9 (1) Notwithstanding s. 455.225, the board or the
10 department shall adopt rules to permit the issuance of
11 citations. The citation shall be issued to the subject and
12 shall contain the subject's name and address, the subject's
13 license number if applicable, a brief factual statement, the
14 sections of the law allegedly violated, and the penalty
15 imposed. The citation must clearly state that the subject may
16 choose, in lieu of accepting the citation, to follow the
17 procedure under s. 455.225. If the subject disputes the matter
18 in the citation, the procedures set forth in s. 455.225 must
19 be followed. However, if the subject does not dispute the
20 matter in the citation with the department within 30 days
21 after the citation is served, the citation becomes a final
22 order and constitutes discipline. The penalty shall be a fine
23 or other conditions as established by rule.
24 (2) The board, or the department when there is no
25 board, shall adopt rules designating violations for which a
26 citation may be issued. Such rules shall designate as
27 citation violations those violations for which there is no
28 substantial threat to the public health, safety, and welfare.
29 (3) The department shall be entitled to recover the
30 costs of investigation, in addition to any penalty provided
31 according to board or department rule, as part of the penalty
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1 levied pursuant to the citation.
2 (4) A citation must be issued within 6 months after
3 the filing of the complaint that is the basis for the
4 citation.
5 (5) Service of a citation may be made by personal
6 service or certified mail, restricted delivery, to the subject
7 at the subject's last known address.
8 (6) Within its jurisdiction, the department has
9 exclusive authority to, and shall adopt rules to, designate
10 those violations for which the licensee is subject to the
11 issuance of a citation and designate the penalties for those
12 violations if any board fails to incorporate this section into
13 rules by January 1, 1992. A board created on or after January
14 1, 1992, has 6 months in which to enact rules designating
15 violations and penalties appropriate for citation offenses.
16 Failure to enact such rules gives the department exclusive
17 authority to adopt rules as required for implementing this
18 section. A board has continuous authority to amend its rules
19 adopted pursuant to this section.
20 (7) Notwithstanding s. 455.017, any division within
21 the department may establish a citation program pursuant to
22 the provisions of this section in the enforcement of its
23 regulatory provisions. Any citation issued by a division
24 pursuant to this section must clearly state that the subject
25 may choose, in lieu of accepting the citation, to follow the
26 existing procedures established by law. If the subject does
27 not dispute the matter in the citation with the division
28 within 30 days after the citation is served, the citation
29 becomes a final order and constitutes discipline. The penalty
30 shall be a fine or other conditions as established by rule of
31 the appropriate division.
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1 Section 11. Subsections (10) and (11) of section
2 468.401, Florida Statutes, are amended to read:
3 468.401 Regulation of talent agencies;
4 definitions.--As used in this part or any rule adopted
5 pursuant hereto:
6 (10) "Registration" "License" means a registration
7 license issued by the department of Business and Professional
8 Regulation to carry on the business of a talent agency under
9 this part.
10 (11) "Registrant" "Licensee" means a talent agency
11 that which holds a valid unrevoked and unforfeited
12 registration license issued under this part.
13 Section 12. Section 468.402, Florida Statutes, is
14 amended to read:
15 468.402 Operation of a talent agency Duties of the
16 department; authority to issue and revoke license; adoption of
17 rules.--
18 (1) It is unlawful to have The department may take any
19 one or more of the actions specified in subsection (5) against
20 any person who has:
21 (a) Obtained or attempted to obtain a registration any
22 license by means of fraud, misrepresentation, or concealment.
23 (b) Violated any provision of this part, chapter 455,
24 any lawful disciplinary order of the department, or any rule
25 of the department.
26 (c) Been found guilty of, or entered a plea of nolo
27 contendere to, regardless of adjudication, a crime involving
28 moral turpitude or dishonest dealings under the laws of this
29 state or any other state or government.
30 (d) Made, printed, published, distributed, or caused,
31 authorized, or knowingly permitted the making, printing,
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1 publication, or distribution of any false statement,
2 description, or promise of such a character as to reasonably
3 induce any person to act to his or her damage or injury, if
4 such statement, description, or promises were purported to be
5 performed by the talent agency and if the owner or operator
6 then knew, or by the exercise of reasonable care and inquiry,
7 could have known, of the falsity of the statement,
8 description, or promise.
9 (e) Knowingly committed or been a party to any
10 material fraud, misrepresentation, concealment, conspiracy,
11 collusion, trick, scheme, or device whereby any other person
12 lawfully relying upon the work, representation, or conduct of
13 the talent agency acts or has acted to his or her injury or
14 damage.
15 (f) Failed or refused upon demand to disclose any
16 information, as required by this part, within his or her
17 knowledge, or failed or refused to produce any document, book,
18 or record in his or her possession for inspection as required
19 by to the department or any authorized agent thereof acting
20 within its jurisdiction or by authority of law.
21 (g) Established the talent agency within any place
22 where intoxicating liquors are sold, any place where gambling
23 is permitted, or any house of prostitution.
24 (h) Charged, collected, or received compensation for
25 any service performed by the talent agency greater than
26 specified in its schedule of maximum fees, charges, and
27 commissions previously filed with the department.
28 (i) Had a license or registration to operate a talent
29 agency revoked, suspended, or otherwise acted against,
30 including, but not limited to, having been denied a license or
31 registration for good cause by the licensing authority of
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1 another state, territory, or country.
2 (j) Willfully made or filed a report or record that
3 the registrant licensee knew to be false, failed to file a
4 report or record required by state or federal law, impeded or
5 obstructed such filing, or induced another person to impede or
6 obstruct such filing. Such reports or records shall include
7 only those that are signed in the registrant's licensee's
8 capacity as a registered licensed talent agency.
9 (k) Advertised goods or services in a manner that was
10 fraudulent, false, deceptive, or misleading in form or
11 content.
12 (l) Advertised, operated, or attempted to operate
13 under a name other than the name appearing on the registration
14 license.
15 (m) Been found guilty of fraud or deceit in the
16 operation of a talent agency.
17 (n) Operated with a revoked, suspended, inactive, or
18 delinquent registration license.
19 (o) Permitted, aided, assisted, procured, or advised
20 any unlicensed person to operate a talent agency contrary to
21 this part or other law to a rule of the department.
22 (p) Failed to perform any statutory or legal
23 obligation placed on a licensed talent agency.
24 (q) Practiced or offered to practice beyond the scope
25 permitted by law or has accepted and performed professional
26 responsibilities that the registrant licensee knows or has
27 reason to know that he or she is not competent to perform.
28 (r) Conspired with another licensee or with any other
29 person to commit an act, or has committed an act, that would
30 tend to coerce, intimidate, or preclude another registrant
31 licensee from advertising his or her services.
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1 (s) Solicited business, either personally or through
2 an agent or through any other person, through the use of fraud
3 or deception or by other means; through the use of misleading
4 statements; or through the exercise of intimidation or undue
5 influence.
6 (t) Exercised undue influence on the artist in such a
7 manner as to exploit the artist for financial gain of the
8 registrant licensee or a third party, which includes, but is
9 not limited to, the promoting or selling of services to the
10 artist.
11 (2) The department may revoke any license that is
12 issued as a result of the mistake or inadvertence of the
13 department.
14 (2)(3) The department may has authority to adopt rules
15 pursuant to ss. 120.536(1) and 120.54 necessary to administer
16 implement the provisions of this part.
17 (3)(4) A revoked or suspended registration license
18 must be returned to the department within 7 days after the
19 time for appeal has elapsed.
20 (4)(5) Upon a finding of a violation of any one or
21 more of the grounds enumerated in subsection (1) or any other
22 section of this part, the department may take the following
23 actions:
24 (a) Deny an application for registration licensure as
25 a talent agency.
26 (b) Permanently Revoke or suspend the registration
27 license of a talent agency.
28 (c) Impose an administrative fine, not to exceed
29 $5,000, for each count or separate offense.
30 (d) Require restitution.
31 (e) Issue a public reprimand.
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1 (f) Place the licensee on probation, subject to such
2 conditions as the department may specify.
3 (6) A person shall be subject to the disciplinary
4 actions specified in subsection (5) for violations of
5 subsection (1) by that person's agents or employees in the
6 course of their employment with that person.
7 (5)(7) The department may deny a registration license
8 if any owner or operator listed on the application has been
9 associated with a talent agency whose registration license has
10 been revoked or otherwise disciplined.
11 Section 13. Section 468.403, Florida Statutes, is
12 amended to read:
13 468.403 Registration License requirements.--
14 (1) A person may not own, operate, solicit business,
15 or otherwise engage in or carry on the occupation of a talent
16 agency in this state unless such person first registers with
17 procures a license for the talent agency from the department.
18 However, a registration license is not required for a person
19 who acts as an agent for herself or himself, a family member,
20 or exclusively for one artist.
21 (2) Each application for a registration license must
22 be accompanied by an application fee set by the department not
23 to exceed $300, plus the actual cost for fingerprint analysis
24 for each owner application, to cover the costs of
25 investigating the applicant. Each application for a change of
26 operator must be accompanied by an application fee of $150.
27 These fees are not refundable.
28 (3)(a) Each owner of a talent agency if other than a
29 corporation and each operator of a talent agency shall submit
30 to the department with the application for licensure of the
31 agency a full set of fingerprints and a photograph of herself
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1 or himself taken within the preceding 2 years. The department
2 shall conduct an examination of fingerprint records and police
3 records.
4 (b) Each owner of a talent agency that is a
5 corporation shall submit to the department, with the
6 application for licensure of the agency, a full set of
7 fingerprints of the principal officer signing the application
8 form and the bond form, and a full set of fingerprints of each
9 operator, and a photograph of each taken within the preceding
10 2 years. The department shall conduct an examination of
11 fingerprint records and police records.
12 (3)(4) Each application must include:
13 (a) The name and address of the owner of the talent
14 agency.
15 (b) Proof of at least 1 year of direct experience or
16 similar experience of the operator of such agency in the
17 talent agency business or as a subagent, casting director,
18 producer, director, advertising agency, talent coordinator, or
19 musical booking agent.
20 (b)(c) The street and number of the building or place
21 where the talent agency is to be located.
22 (5) The department shall investigate the owner of an
23 applicant talent agency only to determine her or his ability
24 to comply with this part and shall investigate the operator of
25 an applicant talent agency to determine her or his employment
26 experience and qualifications.
27 (4)(6) If the applicant is other than a corporation,
28 the application shall also include the names and addresses of
29 all persons, except bona fide employees on stated salaries,
30 financially interested, either as partners, associates, or
31 profit sharers, in the operation of the talent agency in
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1 question, together with the amount of their respective
2 interest.
3 (5)(7) If the applicant is a corporation, the
4 application shall include the corporate name and the names,
5 residential addresses, and telephone numbers of all persons
6 actively participating in the business of the corporation and
7 shall include the names of all persons exercising managing
8 responsibility in the applicant's or registrant's licensee's
9 office.
10 (8) The application must be accompanied by affidavits
11 of at least five reputable persons, other than artists, who
12 have known or have been associated with the applicant for at
13 least 3 years, stating that the applicant is a person of good
14 moral character or, in the case of a corporation, has a
15 reputation for fair dealing.
16 (6)(9) If any information in the application supplied
17 to the department by the applicant or registrant licensee
18 changes in any manner whatsoever, the applicant or registrant
19 licensee shall submit such changes to the department within 30
20 days after the date of such change or after the date such
21 change is known or should have been known to the applicant or
22 registrant licensee.
23 Section 14. Section 468.404, Florida Statutes, is
24 amended to read:
25 468.404 Registration License; fees; renewals.--
26 (1) The department by rule shall establish biennial
27 fees for initial registration licensing, renewal of
28 registration license, and reinstatement of registration
29 license, none of which fees shall exceed $400. The department
30 may by rule establish a delinquency fee of no more than $50.
31 The fees shall be adequate to proportionately fund the
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1 expenses of the department which are allocated to the
2 registering regulation of talent agencies and shall be based
3 on the department's estimate of the revenue required to
4 administer this part.
5 (2) If one or more individuals on the basis of whose
6 qualifications a talent agency registration license has been
7 obtained cease to be connected with the agency for any reason,
8 the agency business may be carried on for a temporary period,
9 not to exceed 90 days, under such terms and conditions as the
10 department provides by rule for the orderly closing of the
11 business or the replacement and qualifying of a new owner or
12 operator. The registrant's licensee's good standing under this
13 part shall be contingent upon the department's approval of any
14 such new owner or operator.
15 (3) No registration license shall be valid to protect
16 any business transacted under any name other than that
17 designated on in the registration license, unless consent is
18 first obtained from the department, unless written consent of
19 the surety or sureties on the original bond required by s.
20 468.408 is filed with the department, and unless the
21 registration license is returned to the department for the
22 recording thereon of such changes. A charge of $25 shall be
23 made by the department for the recording of authorization for
24 each change of name or change of location.
25 (4) No registration license issued under this part
26 shall be assignable.
27 Section 15. Section 468.406, Florida Statutes, is
28 amended to read:
29 468.406 Fees to be charged by talent agencies; rates;
30 display.--
31 (1) Each talent agency applicant for a license shall
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1 maintain and provide to its artists or potential clients file
2 with the application an itemized schedule of maximum fees,
3 charges, and commissions which it intends to charge and
4 collect for its services. This schedule may thereafter be
5 raised only by notifying its artists filing with the
6 department an amended or supplemental schedule at least 30
7 days before the change is to become effective. The schedule
8 shall be posted in a conspicuous place in each place of
9 business of the agency and shall be printed in not less than a
10 30-point boldfaced type, except that an agency that uses
11 written contracts containing maximum fee schedules need not
12 post such schedules.
13 (2) All money collected by a talent agency from an
14 employer for the benefit of an artist shall be paid to the
15 artist, less the talent agency's fee, within 5 business days
16 after the receipt of such money by the talent agency. No
17 talent agency is required to pay money to an artist until the
18 talent agency receives payment from the employer or buyer.
19 Section 16. Section 468.407, Florida Statutes, is
20 amended to read:
21 468.407 Registration License; content; posting.--
22 (1) The talent agency registration license shall be
23 valid for the biennial period in which issued and shall be in
24 such form as may be determined by the department, but shall at
25 least specify the name under which the applicant is to
26 operate, the address of the place of business, the expiration
27 date of the registration license, the full names and titles of
28 the owner and the operator, and the number of the registration
29 license.
30 (2) The talent agency registration license shall at
31 all times be displayed conspicuously in the place of business
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1 in such manner as to be open to the view of the public and
2 subject to the inspection of all duly authorized officers of
3 the state and county.
4 (3) If a registrant licensee desires to cancel his or
5 her registration license, he or she must notify the department
6 and forthwith return to the department the registration
7 license so canceled. No registration license fee may be
8 refunded upon cancellation of the registration license.
9 Section 17. Subsection (3) of section 468.410, Florida
10 Statutes, is amended to read:
11 468.410 Prohibition against registration fees;
12 referral.--
13 (3) A talent agency shall give each applicant a copy
14 of a contract which lists the services to be provided and the
15 fees to be charged. The contract shall state that the talent
16 agency is registered with regulated by the department and
17 shall list the address and telephone number of the department.
18 Section 18. Section 468.412, Florida Statutes, is
19 amended to read:
20 468.412 Talent agency requirements regulations.--
21 (1) A talent agency shall maintain a record sheet for
22 each booking. This shall be the only required record of
23 placement and shall be kept for a period of 1 year after the
24 date of the last entry in the buyer's file.
25 (2) Each talent agency shall keep records in which
26 shall be entered:
27 (a) The name and address of each artist employing such
28 talent agency;
29 (b) The amount of fees received from each such artist;
30 and
31 (c) The employment in which each such artist is
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1 engaged at the time of employing such talent agency and the
2 amount of compensation of the artist in such employment, if
3 any, and the employments subsequently secured by such artist
4 during the term of the contract between the artist and the
5 talent agency and the amount of compensation received by the
6 artist pursuant thereto.; and
7 (d) Other information which the department may require
8 from time to time.
9 (3) All books, records, and other papers kept pursuant
10 to this act by any talent agency shall be open at all
11 reasonable hours to the inspection of the department and its
12 agents. Each talent agency shall furnish to the department,
13 upon request, a true copy of such books, records, and papers,
14 or any portion thereof, and shall make such reports as the
15 department may prescribe from time to time.
16 (3)(4) Each talent agency shall post in a conspicuous
17 place in the office of such talent agency a printed copy of
18 this part and of the rules adopted under this part. Such
19 copies shall also contain the name and address of the officer
20 charged with enforcing this part. The department shall
21 furnish to talent agencies printed copies of any statute or
22 rule required to be posted under this subsection.
23 (4)(5) No talent agency may knowingly issue a contract
24 for employment containing any term or condition which, if
25 complied with, would be in violation of law, or attempt to
26 fill an order for help to be employed in violation of law.
27 (5)(6) No talent agency may publish or cause to be
28 published any false, fraudulent, or misleading information,
29 representation, notice, or advertisement. All advertisements
30 of a talent agency by means of card, circulars, or signs, and
31 in newspapers and other publications, and all letterheads,
28
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1 receipts, and blanks shall be printed and contain the
2 registered licensed name, department registration license
3 number, and address of the talent agency and the words "talent
4 agency." No talent agency may give any false information or
5 make any false promises or representations concerning an
6 engagement or employment to any applicant who applies for an
7 engagement or employment.
8 (6)(7) No talent agency may send or cause to be sent
9 any person as an employee to any house of ill fame, to any
10 house or place of amusement for immoral purposes, to any place
11 resorted to for the purposes of prostitution, to any place for
12 the modeling or photographing of a minor in the nude in the
13 absence of written permission from the minor's parents or
14 legal guardians, the character of which places the talent
15 agency could have ascertained upon reasonable inquiry.
16 (7)(8) No talent agency may divide fees with anyone,
17 including, but not limited to, an agent or other employee of
18 an employer, a buyer, a casting director, a producer, a
19 director, or any venue that uses entertainment.
20 (8)(9) If a talent agency collects from an artist a
21 fee or expenses for obtaining employment for the artist, and
22 the artist fails to procure such employment, or the artist
23 fails to be paid for such employment if procured, such talent
24 agency shall, upon demand therefor, repay to the artist the
25 fee and expenses so collected. Unless repayment thereof is
26 made within 48 hours after demand therefor, the talent agency
27 shall pay to the artist an additional sum equal to the amount
28 of the fee.
29 (9)(10) Each talent agency must maintain a permanent
30 office and must maintain regular operating hours at that
31 office.
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1 Section 19. Section 468.413, Florida Statutes, is
2 amended to read:
3 468.413 Unlawful acts Legal requirements; penalties.--
4 (1) Each of the following acts constitutes a felony of
5 the third degree, punishable as provided in s. 775.082, s.
6 775.083, or s. 775.084:
7 (a) Owning or operating, or soliciting business as, a
8 talent agency in this state without first registering with
9 procuring a license from the department.
10 (b) Obtaining or attempting to obtain a registration
11 license by means of fraud, misrepresentation, or concealment.
12 (2) Each of the following acts constitutes a
13 misdemeanor of the second degree, punishable as provided in s.
14 775.082 or s. 775.083:
15 (a) Relocating a business as a talent agency, or
16 operating under any name other than that designated on the
17 registration license, unless written notification is given to
18 the department and to the surety or sureties on the original
19 bond, and unless the registration license is returned to the
20 department for the recording thereon of such changes.
21 (b) Assigning or attempting to assign a registration
22 license issued under this part.
23 (c) Failing to show on a registration license
24 application whether or not the agency or any owner of the
25 agency is financially interested in any other business of like
26 nature and, if so, failing to specify such interest or
27 interests.
28 (d) Failing to maintain the records required by s.
29 468.409 or knowingly making false entries in such records.
30 (e) Requiring as a condition to registering or
31 obtaining employment or placement for any applicant that the
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1 applicant subscribe to, purchase, or attend any publication,
2 postcard service, advertisement, resume service, photography
3 service, school, acting school, workshop, or acting workshop.
4 (f) Failing to give each applicant a copy of a
5 contract which lists the services to be provided and the fees
6 to be charged, which states that the talent agency is
7 registered with regulated by the department, and which lists
8 the address and telephone number of the department.
9 (g) Failing to maintain a record sheet as required by
10 s. 468.412(1).
11 (h) Knowingly sending or causing to be sent any artist
12 to a prospective employer or place of business, the character
13 or operation of which employer or place of business the talent
14 agency knows to be in violation of the laws of the United
15 States or of this state.
16 (3) The court may, in addition to other punishment
17 provided for in subsection (1) or subsection (2), suspend or
18 revoke the registration license of any person licensee under
19 this part who has been found guilty of any violation of
20 subsection (1) or misdemeanor listed in subsection (2).
21 (4) If a In the event the department or any state
22 attorney finds shall have probable cause to believe that a
23 talent agency or other person has violated any provision of
24 subsection (1) or subsection (2), an action may be brought by
25 the department or any state attorney to enjoin such talent
26 agency or any person from continuing such violation, or
27 engaging therein or doing any acts in furtherance thereof, and
28 for such other relief as to the court seems appropriate. In
29 addition to this remedy, the department may permanently
30 prohibit a person from operating or working for a talent
31 agency assess a penalty against any talent agency or any
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1 person in an amount not to exceed $1,000.
2 (5) Any person injured by a prohibited act or practice
3 in violation of this part may bring a civil action in circuit
4 court for temporary or permanent injunctive relief and may
5 seek appropriate civil relief, including, but not limited to,
6 a civil penalty not to exceed $5,000 for each violation,
7 restitution and treble damages for injured parties, and court
8 costs and reasonable attorney's fees.
9 Section 20. Section 468.414, Florida Statutes, is
10 amended to read:
11 468.414 Collection and deposit of moneys;
12 appropriation.--Proceeds from the fines, fees, and penalties
13 imposed pursuant to this part shall be deposited in the
14 Professional Regulation Trust Fund, created by s. 215.37.
15 Section 21. Section 468.415, Florida Statutes, is
16 amended to read:
17 468.415 Sexual misconduct in the operation of a talent
18 agency.--The talent agent-artist relationship is founded on
19 mutual trust. Sexual misconduct in the operation of a talent
20 agency means violation of the talent agent-artist relationship
21 through which the talent agent uses the relationship to induce
22 or attempt to induce the artist to engage or attempt to engage
23 in sexual activity. Sexual misconduct is prohibited in the
24 operation of a talent agency. If any agent, owner, or operator
25 of a registered licensed talent agency is found to have
26 committed sexual misconduct in the operation of a talent
27 agency, the agency registration license shall be permanently
28 revoked. Such agent, owner, or operator shall be permanently
29 disqualified from present and future registration licensure as
30 owner or operator of a Florida talent agency.
31 Section 22. Sections 468.405 and 468.408, Florida
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1 Statutes, are repealed.
2 Section 23. Subsection (7) of section 468.609, Florida
3 Statutes, is amended to read:
4 468.609 Administration of this part; standards for
5 certification; additional categories of certification.--
6 (7)(a) The board may provide for the issuance of
7 provisional certificates valid for such period, not less than
8 3 years nor more than 5 years, as specified by board rule, to
9 any newly employed or promoted building code inspector or
10 plans examiner who meets the eligibility requirements
11 described in subsection (2) and any newly employed or promoted
12 building code administrator who meets the eligibility
13 requirements described in subsection (3).
14 (b) No building code administrator, plans examiner, or
15 building code inspector may have a provisional certificate
16 extended beyond the specified period by renewal or otherwise.
17 (c) The board may provide for appropriate levels of
18 provisional certificates and may issue these certificates with
19 such special conditions or requirements relating to the place
20 of employment of the person holding the certificate, the
21 supervision of such person on a consulting or advisory basis,
22 or other matters as the board may deem necessary to protect
23 the public safety and health.
24 (d)1. A newly employed or hired person may perform the
25 duties of a plans examiner or building code inspector for 90
26 days if a provisional certificate application has been
27 submitted, provided such person is under the direct
28 supervision of a certified building code administrator who
29 holds a standard certification and who has found such person
30 qualified for a provisional certificate. However,
31 2. Direct supervision and the determination of
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1 qualifications under this paragraph may be provided by a
2 building code administrator who holds a limited or provisional
3 certificate in any county with a population of less than
4 75,000 and in any municipality located within such a county.
5 3. Direct supervision under this paragraph may be
6 provided in any county with a population of less than 75,000
7 and in any municipality within such county by
8 telecommunication devices if the supervision is appropriate
9 for the facts surrounding the performance of the duties being
10 supervised.
11 Section 24. Subsection (4) of section 468.627, Florida
12 Statutes, is amended to read:
13 468.627 Application; examination; renewal; fees.--
14 (4) Employees of local government agencies having
15 responsibility for building code inspection, building
16 construction regulation, and enforcement of building,
17 plumbing, mechanical, electrical, gas, fire prevention,
18 energy, accessibility, and other construction codes shall pay
19 no application fees or examination fees. However, the fee
20 charged by the examination contract vendor to the department
21 for scheduling an examination of an employee of a local
22 government shall be recovered from any employee who does not
23 report for the scheduled examination. The department shall
24 have the final approval for excusing applicants from a
25 scheduled examination and may waive recovery of the fee in
26 case of hardship.
27 Section 25. Subsection (1) of section 471.025, Florida
28 Statutes, is amended to read:
29 471.025 Seals.--
30 (1) The board shall prescribe, by rule, the forms a
31 form of seals seal to be used by registrants holding valid
34
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1 certificates of registration. Each registrant shall obtain at
2 least one an impression-type metal seal in the form approved
3 by board rule aforesaid and may, in addition, register his or
4 her seal electronically in accordance with ss. 282.70-282.75.
5 All final drawings, specifications, plans, reports, or
6 documents prepared or issued by the registrant and being filed
7 for public record and all final bid documents provided to the
8 owner or the owner's representative shall be signed by the
9 registrant, dated, and stamped with said seal. Such signature,
10 date, and seal shall be evidence of the authenticity of that
11 to which they are affixed. Drawings, specifications, plans,
12 reports, final bid documents, or documents prepared or issued
13 by a registrant may be transmitted electronically and may be
14 signed by the registrant, dated, and stamped electronically
15 with said seal in accordance with ss. 282.70-282.75.
16 Section 26. Section 472.001, Florida Statutes, is
17 amended to read:
18 472.001 Purpose.--The Legislature deems it necessary
19 to regulate surveyors and mappers as provided in this chapter
20 ss. 472.001-472.041.
21 Section 27. Section 472.003, Florida Statutes, is
22 amended to read:
23 472.003 Exemptions Persons not affected by ss.
24 472.001-472.041.--This chapter does Sections 472.001-472.041
25 do not apply to:
26 (1) Any surveyor and mapper working as a salaried
27 employee of the United States Government when engaged in work
28 solely for the United States Government.
29 (2) A registered professional engineer who takes or
30 contracts for professional surveying and mapping services
31 incidental to her or his practice of engineering and who
35
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1 delegates such surveying and mapping services to a registered
2 professional surveyor and mapper qualified within her or his
3 firm or contracts for such professional surveying and mapping
4 services to be performed by others who are registered
5 professional surveyors and mappers under this chapter the
6 provisions of ss. 472.001-472.041.
7 (3) The following persons when performing construction
8 layout from boundary, horizontal, and vertical controls that
9 have been established by a registered professional surveyor
10 and mapper:
11 (a) Contractors performing work on bridges, roads,
12 streets, highways, or railroads, or utilities and services
13 incidental thereto, or employees who are subordinates of such
14 contractors provided that the employee does not hold herself
15 or himself out for hire or engage in such contracting except
16 as an employee;
17 (b) Certified or registered contractors licensed
18 pursuant to part I of chapter 489 or employees who are
19 subordinates of such contractors provided that the employee
20 does not hold herself or himself out for hire or engage in
21 contracting except as an employee; and
22 (c) Registered professional engineers licensed
23 pursuant to chapter 471 and employees of a firm, corporation,
24 or partnership who are the subordinates of the registered
25 professional engineer in responsible charge.
26 (4) Persons employed by county property appraisers, as
27 defined at s. 192.001(3), and persons employed by the
28 Department of Revenue, to prepare maps for property appraisal
29 purposes only, but only to the extent that they perform
30 mapping services which do not include any surveying activities
31 as described in s. 472.005(4)(a) and (b).
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1 (5)(a) Persons who are employees of any state, county,
2 municipal, or other governmental unit of this state and who
3 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 (b) Persons who are employees of any employee leasing
8 company licensed pursuant to part XI of chapter 468 and who
9 work as subordinates of a person in responsible charge
10 registered under this chapter.
11 (c) Persons who are employees of an individual
12 registered or legal entity certified under this chapter and
13 who are the subordinates of a person in responsible charge
14 registered under this chapter, to the extent that the
15 supervision meets standards adopted by rule of the board, if
16 any.
17 Section 28. Section 472.005, Florida Statutes, is
18 amended to read:
19 472.005 Definitions.--As used in this chapter ss.
20 472.001-472.041:
21 (1) "Board" means the Board of Professional Surveyors
22 and Mappers.
23 (2) "Department" means the Department of Business and
24 Professional Regulation.
25 (3) "Surveyor and mapper" includes the term
26 "professional surveyor and mapper" and means a person who is
27 registered to engage in the practice of surveying and mapping
28 under this chapter ss. 472.001-472.041. For the purposes of
29 this subsection statute, a surveyor and mapper means a person
30 who determines and displays the facts of size, shape,
31 topography, tidal datum planes, legal or geodetic location or
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1 relation, and orientation of improved or unimproved real
2 property through direct measurement or from certifiable
3 measurement through accepted photogrammetric procedures.
4 (4)(a) "Practice of surveying and mapping" means,
5 among other things, any professional service or work, the
6 adequate performance of which involves the application of
7 special knowledge of the principles of mathematics, the
8 related physical and applied sciences, and the relevant
9 requirements of law for adequate evidence of the act of
10 measuring, locating, establishing, or reestablishing lines,
11 angles, elevations, natural and manmade features in the air,
12 on the surface and immediate subsurface of the earth, within
13 underground workings, and on the beds or surface of bodies of
14 water, for the purpose of determining, establishing,
15 describing, displaying, or interpreting the facts of size,
16 shape, topography, tidal datum planes, legal or geodetic
17 location or relocation, and orientation of improved or
18 unimproved real property and appurtenances thereto, including
19 acreage and condominiums.
20 (b) The practice of surveying and mapping also
21 includes, but is not limited to, photogrammetric control; the
22 monumentation and remonumentation of property boundaries and
23 subdivisions; the measurement of and preparation of plans
24 showing existing improvements after construction; the layout
25 of proposed improvements; the preparation of descriptions for
26 use in legal instruments of conveyance of real property and
27 property rights; the preparation of subdivision planning maps
28 and record plats, as provided for in chapter 177; the
29 determination of, but not the design of, grades and elevations
30 of roads and land in connection with subdivisions or divisions
31 of land; and the creation and perpetuation of alignments
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1 related to maps, record plats, field note records, reports,
2 property descriptions, and plans and drawings that represent
3 them.
4 (5) The term "Surveyor and mapper intern" includes the
5 term "surveyor-mapper-in-training" and means a person who
6 complies with the requirements of this chapter provided by ss.
7 472.001-472.041 and who has passed an examination as provided
8 by rules adopted by the board.
9 (6) The term "Responsible charge" means direct control
10 and personal supervision of surveying and mapping work, but
11 does not include experience as a chainperson, rodperson,
12 instrumentperson, ordinary draftsperson, digitizer, scriber,
13 photo lab technician, ordinary stereo plotter operator, aerial
14 photo pilot, photo interpreter, and other positions of routine
15 work.
16 (7) The term "License" means the registration of
17 surveyors and mappers or the certification of businesses to
18 practice surveying and mapping in this state.
19 (8) "Photogrammetric mapper" means any person who
20 engages in the practice of surveying and mapping using aerial
21 or terrestrial photography or other sources of images.
22 (9) "Employee" means a person who receives
23 compensation from and is under the supervision and control of
24 an employer who regularly deducts the F.I.C.A. and withholding
25 tax and provides workers' compensation, all as prescribed by
26 law.
27 (10) "Subordinate" means an employee who performs work
28 under the direction, supervision, and responsible charge of a
29 person who is registered under this chapter.
30 (11) "Monument" means an artificial or natural object
31 that is permanent or semipermanent and used or presumed to
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1 occupy any real property corner, any point on a boundary line,
2 or any reference point or other point to be used for
3 horizontal or vertical control.
4 (12) "Legal entity" means a corporation, partnership,
5 association, or person practicing under a fictitious name who
6 is certified under s. 472.021.
7 Section 29. Subsection (1) of section 472.011, Florida
8 Statutes, is amended to read:
9 472.011 Fees.--
10 (1) The board, by rule, may establish fees to be paid
11 for applications, examination, reexamination, licensing and
12 renewal, inactive status application and reactivation of
13 inactive licenses, recordmaking and recordkeeping, and
14 applications for providers of continuing education. The board
15 may also establish by rule a delinquency fee. The board shall
16 establish fees that are adequate to ensure the continued
17 operation of the board. Fees shall be based on department
18 estimates of the revenue required to implement this chapter
19 ss. 472.001-472.041 and the provisions of law with respect to
20 the regulation of surveyors and mappers.
21 Section 30. Subsection (4) of section 472.015, Florida
22 Statutes, is amended to read:
23 472.015 Licensure.--
24 (4) The department shall not issue a license by
25 endorsement to any applicant who is under investigation in
26 another state for any act that would constitute a violation of
27 this chapter ss. 472.001-472.041 or chapter 455 until such
28 time as the investigation is complete and disciplinary
29 proceedings have been terminated.
30 Section 31. Subsection (1) of section 472.021, Florida
31 Statutes, is amended to read:
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1 472.021 Certification of partnerships and
2 corporations.--
3 (1) The practice of or the offer to practice surveying
4 and mapping by registrants through a corporation or
5 partnership offering surveying and mapping services to the
6 public, or by a corporation or partnership offering said
7 services to the public through registrants under this chapter
8 ss. 472.001-472.041 as agents, employees, officers, or
9 partners, is permitted subject to the provisions of this
10 chapter ss. 472.001-472.041, provided that one or more of the
11 principal officers of the corporation or one or more partners
12 of the partnership and all personnel of the corporation or
13 partnership who act in its behalf as surveyors and mappers in
14 this state are registered as provided by this chapter ss.
15 472.001-472.041, and, further, provided that the corporation
16 or partnership has been issued a certificate of authorization
17 by the board as provided in this section. All final drawings,
18 specifications, plans, reports, or other papers or documents
19 involving the practice of surveying and mapping which are
20 prepared or approved for the use of the corporation or
21 partnership or for delivery to any person or for public record
22 within the state must be dated and must bear the signature and
23 seal of the registrant who prepared or approved them. Nothing
24 in this section shall be construed to allow a corporation to
25 hold a certificate of registration to practice surveying and
26 mapping. No corporation or partnership shall be relieved of
27 responsibility for the conduct or acts of its agents,
28 employees, or officers by reason of its compliance with this
29 section, nor shall any individual practicing surveying and
30 mapping be relieved of responsibility for professional
31 services performed by reason of his or her employment or
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1 relationship with a corporation or partnership.
2 Section 32. Section 472.027, Florida Statutes, is
3 amended to read:
4 472.027 Minimum technical standards for surveying and
5 mapping.--The board shall adopt rules relating to the practice
6 of surveying and mapping which establish minimum technical
7 standards to ensure the achievement of no less than minimum
8 degrees of accuracy, completeness, and quality in order to
9 assure adequate and defensible real property boundary
10 locations and other pertinent information provided by
11 surveyors and mappers under the authority of this chapter ss.
12 472.001-472.041.
13 Section 33. Section 472.029, Florida Statutes, is
14 amended to read:
15 472.029 Authorization Surveyors and mappers authorized
16 to enter lands of third parties; under certain
17 conditions.--Surveyors and mappers and their subordinates may
18 go on, over, and upon the lands of others when necessary to
19 make surveys and maps or to search for, uncover, locate, or
20 set monuments, and, in so doing, may carry with them their
21 agents and employees necessary for that purpose. Entry under
22 the right hereby granted does not constitute trespass, and
23 surveyors and mappers and their subordinates and duly
24 authorized agents or employees so entering are not liable to
25 arrest or to a civil action by reason of such entry as long as
26 the entering is in compliance with all federal, state, and
27 local regulations pertaining to premises security,
28 agricultural protections, and other health and safety
29 requirements.; However, this section does not give authority
30 to registrants, subordinates, agents, or employees to destroy,
31 injure, damage, or otherwise move any physical improvements
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1 anything on lands of another without the written permission of
2 the landowner. No landowner shall be liable to any third party
3 for any civil or criminal act, or any damages, which result in
4 whole or in part through the negligent or intentional conduct
5 of any person regulated by this section. If written notice is
6 delivered to a landowner or the landowner's registered agent
7 three business days prior to entry on a parcel containing more
8 than 160 acres classified as agricultural land, the duty of
9 care owed to those regulated by this section shall be that due
10 to a licensee under this chapter; however, if no such notice
11 is given, the landowner's duty of care shall be that due to an
12 unforeseen trespasser.
13 Section 34. Subsection (5) of section 810.12, Florida
14 Statutes, is amended to read:
15 810.12 Unauthorized entry on land; prima facie
16 evidence of trespass.--
17 (5) However, this section shall not apply to any
18 official or employee of the state or a county, municipality,
19 or other governmental agency now authorized by law to enter
20 upon lands or to registered engineers, and surveyors and
21 mappers, and other persons authorized to enter lands pursuant
22 to ss. 471.027 and 472.029. The provisions of this section
23 shall not apply to the trimming or cutting of trees or timber
24 by municipal or private public utilities, or their employees,
25 contractors, or subcontractors, when such trimming is required
26 for the establishment or maintenance of the service furnished
27 by any such utility.
28 Section 35. Subsection (1) of section 472.031, Florida
29 Statutes, is amended to read:
30 472.031 Prohibitions; penalties.--
31 (1) No person shall:
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1 (a) Practice surveying and mapping unless such person
2 is registered under this chapter pursuant to ss.
3 472.001-472.041;
4 (b) Use the name or title "registered surveyor and
5 mapper" when such person has not registered under this chapter
6 pursuant to ss. 472.001-472.041;
7 (c) Present as his or her own the registration of
8 another;
9 (d) Knowingly give false or forged evidence to the
10 board or a member thereof; or
11 (e) Use or attempt to use a registration that has been
12 suspended or revoked.
13 Section 36. Section 472.037, Florida Statutes, is
14 amended to read:
15 472.037 Application of chapter ss. 472.001-472.041.--
16 (1) Nothing contained in this chapter ss.
17 472.001-472.041 shall be construed to repeal, amend, limit, or
18 otherwise affect any local building code or zoning law or
19 ordinance, now or hereafter enacted, which is more restrictive
20 with respect to the services of registered surveyors and
21 mappers than the provisions of this chapter ss.
22 472.001-472.041.
23 (2) In counties or municipalities that issue building
24 permits, such permits shall not be issued in any case where it
25 is apparent from the application for such building permit that
26 the provisions of this chapter ss. 472.001-472.041 have been
27 violated. However, this shall not authorize the withholding of
28 building permits in any cases within the exempt classes set
29 forth in this chapter ss. 472.001-472.041.
30 Section 37. A new subsection (4) is added to section
31 475.01, Florida Statutes, to read:
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1 475.01 Definitions.--
2 (4) A broker acting as a trustee or in a fiduciary
3 capacity is subject to the provisions of this chapter.
4 Section 38. Section 476.014, Florida Statutes, is
5 amended to read:
6 476.014 Short title.--This chapter act may be cited as
7 the "Barbers' Act."
8 Section 39. Section 476.034, Florida Statutes, is
9 amended to read:
10 476.034 Definitions.--As used in this chapter act:
11 (1) "Barber" means a person who is licensed to engage
12 in the practice of barbering in this state under the authority
13 of this chapter.
14 (2) "Barbering" means any of the following practices
15 when done for remuneration and for the public, but not when
16 done for the treatment of disease or physical or mental
17 ailments: shaving, cutting, trimming, coloring, shampooing,
18 arranging, dressing, curling, or waving the hair or beard or
19 applying oils, creams, lotions, or other preparations to the
20 face, scalp, or neck, either by hand or by mechanical
21 appliances.
22 (3) "Barbershop" means any place of business wherein
23 the practice of barbering is carried on.
24 (4) "Board" means the Barbers' Board of Barbering and
25 Cosmetology.
26 (5) "Department" means the Department of Business and
27 Professional Regulation.
28 Section 40. Section 476.054, Florida Statutes, is
29 amended to read:
30 476.054 Barbers' Board of Barbering and Cosmetology.--
31 (1) There is created within the department the
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1 Barbers' Board of Barbering and Cosmetology, consisting of
2 seven members who shall be appointed by the Governor, subject
3 to confirmation by the Senate.
4 (2) Two Five members of the board must shall be
5 licensed barbers who have practiced the occupation of
6 barbering in this state for at least 5 years. Three members
7 must be licensed cosmetologists who have practiced cosmetology
8 in this state for at least 5 years, and one member must be a
9 registered cosmetology specialist who has practiced his or her
10 specialty in this state for a least 5 years. The remaining
11 member must two members of the board shall be a resident
12 citizens of the state who is are not presently a licensed
13 barber or cosmetologist barbers. No person may shall be
14 appointed to the board who is in any way connected with the
15 manufacture, rental, or wholesale distribution of barber or
16 cosmetology equipment and supplies.
17 (3) As the terms of the members expire, the Governor
18 shall appoint successors for terms of 4 years; and such
19 members shall serve until their successors are appointed and
20 qualified. The Governor may remove any member for cause.
21 (4) No person may shall be appointed to serve more
22 than two consecutive terms. Any vacancy shall be filled by
23 appointment by the Governor for the unexpired portion of the
24 term.
25 (5) Each board member shall receive $50 per day, up to
26 a maximum of $2,000 per year, for time spent on board
27 business, plus per diem and mileage allowances as provided in
28 s. 112.061 from the place of her or his residence to the place
29 of meeting and the return therefrom.
30 (6) Before beginning duties as a board member, each
31 appointee must take the constitutional oath of office and file
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1 it with the Department of State, which shall issue to such
2 member a certificate of appointment.
3 (7) The board shall, each January, elect from among
4 its members a chair and a vice chair.
5 (8) The board shall hold such meetings during the year
6 as necessary, one of which shall be the annual meeting. The
7 chair may call other meetings. A quorum shall consist of not
8 fewer than four members.
9 (9)(6) Each board member shall be held accountable to
10 the Governor for the proper performance of all duties and
11 obligations of such board member's office. The Governor shall
12 cause to be investigated any complaints or unfavorable reports
13 received concerning the actions of the board or its individual
14 members and shall take appropriate action thereon, which may
15 include removal of any board member for malfeasance,
16 misfeasance, neglect of duty, commission of a felony,
17 drunkenness, incompetency, or permanent inability to perform
18 her or his official duties.
19 Section 41. Section 476.064, Florida Statutes, is
20 amended to read:
21 476.064 Organization; headquarters; personnel;
22 meetings.--
23 (1) The board shall annually elect a chair and a vice
24 chair from its number. The board shall maintain its
25 headquarters in Tallahassee.
26 (2) The department shall appoint or employ such
27 personnel as may be necessary to assist the board in
28 exercising the powers and performing the duties and
29 obligations set forth in this chapter act. Such personnel need
30 not be licensed barbers or cosmetologists and shall not be
31 members of the board. Such personnel shall be authorized to
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1 do and perform such duties and work as may be assigned by the
2 board.
3 (3) The board shall hold an annual meeting and such
4 other meetings during the year as it may determine to be
5 necessary. The chair of the board may call other meetings at
6 her or his discretion. A quorum of the board shall consist of
7 not less than four members.
8 (3)(4) The board has authority to adopt rules pursuant
9 to ss. 120.536(1) and 120.54 necessary to administer implement
10 the provisions of this chapter.
11 Section 42. Subsections (1) and (2) of section
12 476.074, Florida Statutes, are amended to read:
13 476.074 Legal, investigative, and inspection
14 services.--
15 (1) The department shall provide all legal services
16 needed to carry out the provisions of this chapter act.
17 (2) The department shall provide all investigative
18 services required by the board or the department in carrying
19 out the provisions of this chapter act.
20 Section 43. Subsection (2) of section 476.154, Florida
21 Statutes, is amended to read:
22 476.154 Biennial renewal of licenses.--
23 (2) Any license or certificate of registration issued
24 pursuant to this chapter act for a period less than the
25 established biennial issuance period may be issued for that
26 lesser period of time, and the department shall adjust the
27 required fee accordingly. The board shall adopt rules
28 providing for such partial period fee adjustments.
29 Section 44. Paragraphs (a) and (b) of subsection (1)
30 of section 476.194, Florida Statutes, are amended to read:
31 476.194 Prohibited acts.--
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1 (1) It is unlawful for any person to:
2 (a) Engage in the practice of barbering without an
3 active license as a barber issued pursuant to the provisions
4 of this chapter act by the department.
5 (b) Engage in willful or repeated violations of this
6 chapter act or of any of the rules adopted by the board.
7 Section 45. Subsections (1) and (3) of section
8 476.214, Florida Statutes, are amended to read:
9 476.214 Grounds for suspending, revoking, or refusing
10 to grant license or certificate.--
11 (1) The board shall have the power to revoke or
12 suspend any license, registration card, or certificate of
13 registration issued pursuant to this chapter act, or to
14 reprimand, censure, deny subsequent licensure of, or otherwise
15 discipline any holder of a license, registration card, or
16 certificate of registration issued pursuant to this chapter
17 act, for any of the following causes:
18 (a) Gross malpractice or gross incompetency in the
19 practice of barbering;
20 (b) Practice by a person knowingly having an
21 infectious or contagious disease; or
22 (c) Commission of any of the offenses described in s.
23 476.194.
24 (3) The board shall keep a record of its disciplinary
25 proceedings against holders of licenses or certificates of
26 registration issued pursuant to this chapter act.
27 Section 46. Section 476.234, Florida Statutes, is
28 amended to read:
29 476.234 Civil proceedings.--In addition to any other
30 remedy, the department may file a proceeding in the name of
31 the state seeking issuance of a restraining order, injunction,
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1 or writ of mandamus against any person who is or has been
2 violating any of the provisions of this chapter act or the
3 lawful rules or orders of the board, commission, or
4 department.
5 Section 47. Subsection (1) of section 477.013, Florida
6 Statutes, is amended to read:
7 477.013 Definitions.--As used in this chapter:
8 (1) "Board" means the Board of Barbering and
9 Cosmetology.
10 Section 48. Section 477.015, Florida Statutes, is
11 repealed.
12 Section 49. The Barbers' Board created pursuant to
13 section 476.054, Florida Statutes, and the Board of
14 Cosmetology created pursuant to section 477.015, Florida
15 Statutes, are abolished. All rules of the Barbers' Board and
16 the Board of Cosmetology in effect on the effective date of
17 this act shall remain in full force and shall become rules of
18 the Board of Barbering and Cosmetology.
19 Section 50. The Board of Barbering and Cosmetology is
20 created by this act by the amendment of section 476.054,
21 Florida Statutes, and the repeal of section 477.015, Florida
22 Statutes. Appointments to this board are new and shall be made
23 by the Governor, subject to confirmation by the Senate, for
24 initial terms of 4 years or less so that no more than two
25 terms expire in any one year. The board shall assume
26 responsibilities for the regulation of barbering pursuant to
27 chapter 476, Florida Statutes, and the regulation of
28 cosmetology pursuant to chapter 477, Florida Statutes, as
29 provided in those chapters.
30 Section 51. The Board of Barbering and Cosmetology
31 shall be replaced as the party of interest for any legal
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1 actions naming the Barbers' Board or the Board of Cosmetology
2 as a party.
3 Section 52. Subsection (7) of section 477.019, Florida
4 Statutes, is amended to read:
5 477.019 Cosmetologists; qualifications; licensure;
6 supervised practice; license renewal; endorsement; continuing
7 education.--
8 (7)(a) The board shall prescribe by rule continuing
9 education requirements intended to ensure protection of the
10 public through updated training of licensees and registered
11 specialists, not to exceed 16 hours biennially, as a condition
12 for renewal of a license or registration as a specialist under
13 this chapter. Continuing education courses shall include, but
14 not be limited to, the following subjects as they relate to
15 the practice of cosmetology: human immunodeficiency virus and
16 acquired immune deficiency syndrome; Occupational Safety and
17 Health Administration regulations; workers' compensation
18 issues; state and federal laws and rules as they pertain to
19 cosmetologists, cosmetology, salons, specialists, specialty
20 salons, and booth renters; chemical makeup as it pertains to
21 hair, skin, and nails; and environmental issues. Courses given
22 at cosmetology conferences may be counted toward the number of
23 continuing education hours required if approved by the board.
24 (b) Any person whose occupation or practice is
25 confined solely to hair braiding, hair wrapping, or body
26 wrapping is exempt from the continuing education requirements
27 of this subsection.
28 (c) The board shall by rule establish criteria for the
29 approval of continuing education courses and providers. The
30 board may, by rule, require any licensee in violation of a
31 continuing education requirement to take a refresher course or
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1 refresher course and examination in addition to any other
2 penalty. The number of hours for the refresher course may not
3 exceed 48 hours.
4 (d) The department shall approve all continuing
5 education courses and providers as set forth in this
6 subsection. The board may not approve any course which does
7 not substantially and exclusively relate to the practice of
8 cosmetology and serve to ensure the protection of the public.
9 Courses given at cosmetology conferences may be counted toward
10 the number of continuing education hours required if approved
11 by the department.
12 (e) Correspondence courses may be approved if offered
13 by a provider approved by the board under paragraph (d) and
14 meet all relevant course criteria established by the board.
15 Correspondence courses must include a written post course
16 examination developed and graded by the course provider which
17 demonstrates the licensee's understanding of the subject
18 matter taught by the course. The board may, by rule, set the
19 minimum allowed passing score for such examinations.
20 Section 53. Subsection (1) of section 477.026, Florida
21 Statutes, is amended to read:
22 477.026 Fees; disposition.--
23 (1) The board shall set fees according to the
24 following schedule:
25 (a) For cosmetologists, fees for original licensing,
26 license renewal, and delinquent renewal shall not exceed $25.
27 (b) For cosmetologists, fees for endorsement
28 application, examination, and reexamination shall not exceed
29 $50.
30 (c) For cosmetology and specialty salons, fees for
31 license application, original licensing, license renewal, and
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1 delinquent renewal shall not exceed $50.
2 (d) For specialists, fees for application and
3 endorsement registration shall not exceed $30.
4 (e) For specialists, fees for initial registration,
5 registration renewal, and delinquent renewal shall not exceed
6 $50.
7 (f) For hair braiders, hair wrappers, and body
8 wrappers, fees for initial registration, registration renewal,
9 and delinquent renewal shall not exceed $25.
10 Section 54. Subsection (1) of section 481.209, Florida
11 Statutes, is amended to read:
12 481.209 Examinations.--
13 (1) A person desiring to be licensed as a registered
14 architect shall apply to the department to take the licensure
15 examination. The department shall administer the licensure
16 examination for architects to each applicant who the board
17 certifies:
18 (a) Has completed the application form and remitted a
19 nonrefundable application fee and an examination fee which is
20 refundable if the applicant is found to be ineligible to take
21 the examination;
22 (b)1. Has successfully completed all architectural
23 curriculum courses required by and Is a graduate of a school
24 or college of architecture accredited by the National
25 Architectural Accreditation Board; or
26 2. Is a graduate of an approved architectural
27 curriculum, evidenced by a degree from an unaccredited school
28 or college of architecture approved by the board. The board
29 shall adopt rules providing for the review and approval of
30 unaccredited schools and colleges of architecture and courses
31 of architectural study based on a review and inspection by the
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1 board of the curriculum of accredited schools and colleges of
2 architecture in the United States, including those schools and
3 colleges accredited by the National Architectural
4 Accreditation Board; and
5 (c) Has completed, prior to examination, 1 year of the
6 internship experience required by s. 481.211(1).
7 Section 55. Section 481.223, Florida Statutes, is
8 amended to read:
9 481.223 Prohibitions; penalties; injunctive relief.--
10 (1) A person may not knowingly:
11 (a) Practice architecture unless the person is an
12 architect or a registered architect;
13 (b) Practice interior design unless the person is a
14 registered interior designer unless otherwise exempted herein;
15 (c) Use the name or title "architect" or "registered
16 architect," or "interior designer" or "registered interior
17 designer," or words to that effect, when the person is not
18 then the holder of a valid license issued pursuant to this
19 part;
20 (d) Present as his or her own the license of another;
21 (e) Give false or forged evidence to the board or a
22 member thereof;
23 (f) Use or attempt to use an architect or interior
24 designer license that has been suspended, revoked, or placed
25 on inactive or delinquent status;
26 (g) Employ unlicensed persons to practice architecture
27 or interior design; or
28 (h) Conceal information relative to violations of this
29 part.
30 (2) Any person who violates any provision of
31 subsection (1) this section commits a misdemeanor of the first
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1 degree, punishable as provided in s. 775.082 or s. 775.083.
2 (3)(a) Notwithstanding chapter 455 or any other
3 provision of law to the contrary, an affected person may
4 maintain an action for injunctive relief to restrain or
5 prevent a person from violating paragraph (1)(a), paragraph
6 (1)(b), or paragraph (1)(c). The prevailing party shall be
7 entitled to actual costs and attorney's fees.
8 (b) For purposes of this subsection, "affected person"
9 means a person directly affected by the actions of a person
10 suspected of violating paragraph (1)(a), paragraph (1)(b), or
11 paragraph (1)(c) and includes, but is not limited to, the
12 department, any person who received services from the alleged
13 violator, or any private association composed primarily of
14 members of the profession the alleged violator is practicing
15 or offering to practice or holding himself or herself out as
16 qualified to practice.
17 Section 56. Effective July 1, 2001, subsections (2)
18 and (4) of section 489.107, Florida Statutes, are amended to
19 read:
20 489.107 Construction Industry Licensing Board.--
21 (2) The board shall consist of 16 18 members, of whom:
22 (a) Four are primarily engaged in business as general
23 contractors;
24 (b) Three are primarily engaged in business as
25 building contractors or residential contractors, however, at
26 least one building contractor and one residential contractor
27 shall be appointed;
28 (c) One is primarily engaged in business as a roofing
29 contractor;
30 (d) One is primarily engaged in business as a sheet
31 metal contractor;
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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 (b) Division II is comprised of the roofing
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1 contractor, sheet metal contractor, air-conditioning
2 contractor, mechanical contractor, pool contractor, plumbing
3 contractor, and underground utility and excavation contractor
4 members of the board; and one of the member members appointed
5 pursuant to paragraph (2)(j); and one of the members appointed
6 pursuant to paragraph (2)(k). Division II has jurisdiction
7 over the regulation of contractors defined in s.
8 489.105(3)(d)-(p).
9 (c) Jurisdiction for the regulation of specialty
10 contractors defined in s. 489.105(3)(q) shall lie with the
11 division having jurisdiction over the scope of work of the
12 specialty contractor as defined by board rule.
13 Section 57. Section 489.1133, Florida Statutes, is
14 created to read:
15 489.1133 Temporary certificate or registration.--The
16 department may issue a temporary certificate or registration
17 to any applicant who has submitted a completed application and
18 who appears to meet all qualifications for certification or
19 registration, pending final approval of the application and
20 the granting of a permanent certificate or registration by the
21 board. If the board determines that the applicant does not
22 meet all of the requirements for certification or registration
23 under this part, the board shall, upon notifying the applicant
24 of his or her failure to qualify, revoke the applicant's
25 temporary certificate or registration.
26 Section 58. Paragraph (b) of subsection (4) of section
27 489.115, Florida Statutes, as amended by chapters 98-287 and
28 2000-141, Laws of Florida, is amended to read:
29 489.115 Certification and registration; endorsement;
30 reciprocity; renewals; continuing education.--
31 (4)
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1 (b)1. Each certificateholder or registrant shall
2 provide proof, in a form established by rule of the board,
3 that the certificateholder or registrant has completed at
4 least 14 classroom hours of at least 50 minutes each of
5 continuing education courses during each biennium since the
6 issuance or renewal of the certificate or registration. The
7 board shall establish by rule that a portion of the required
8 14 hours must deal with the subject of workers' compensation,
9 business practices, and workplace safety. The board shall by
10 rule establish criteria for the approval of continuing
11 education courses and providers, including requirements
12 relating to the content of courses and standards for approval
13 of providers, and may by rule establish criteria for accepting
14 alternative nonclassroom continuing education on an
15 hour-for-hour basis. The board shall prescribe by rule the
16 continuing education, if any, which is required during the
17 first biennium of initial licensure. A person who has been
18 licensed for less than an entire biennium must not be required
19 to complete the full 14 hours of continuing education.
20 2. In addition, the board may approve specialized
21 continuing education courses on compliance with the wind
22 resistance provisions for one and two family dwellings
23 contained in the Florida Building Code and any alternate
24 methodologies for providing such wind resistance which have
25 been approved for use by the Florida Building Commission.
26 Contractors defined in s. 489.105(3)(a)-(c) Division I
27 certificateholders or registrants who demonstrate proficiency
28 upon completion of such specialized courses may certify plans
29 and specifications for one and two family dwellings to be in
30 compliance with the code or alternate methodologies, as
31 appropriate, except for dwellings located in floodways or
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1 coastal hazard areas as defined in ss. 60.3D and E of the
2 National Flood Insurance Program.
3 3. Each certificateholder or registrant shall provide
4 to the board proof of completion of the core curriculum
5 courses, or passing the equivalency test of the Building Code
6 Training Program established under s. 553.841, specific to the
7 licensing category sought, within 2 years after commencement
8 of the program or of initial certification or registration,
9 whichever is later. Classroom hours spent taking core
10 curriculum courses shall count toward the number required for
11 renewal of certificates or registration. A certificateholder
12 or registrant who passes the equivalency test in lieu of
13 taking the core curriculum courses shall receive full credit
14 for core curriculum course hours.
15 4. The board shall require, by rule adopted pursuant
16 to ss. 120.536(1) and 120.54, a specified number of hours in
17 specialized or advanced module courses, approved by the
18 Florida Building Commission, on any portion of the Florida
19 Building Code, adopted pursuant to part VII of chapter 553,
20 relating to the contractor's respective discipline.
21 Section 59. Subsection (1) of section 489.118, Florida
22 Statutes, is amended to read:
23 489.118 Certification of registered contractors;
24 grandfathering provisions.--The board shall, upon receipt of a
25 completed application and appropriate fee, issue a certificate
26 in the appropriate category to any contractor registered under
27 this part who makes application to the board and can show that
28 he or she meets each of the following requirements:
29 (1) Currently holds a valid registered local license
30 in one of the contractor categories defined in s.
31 489.105(3)(a)-(p) or holds a valid registered local specialty
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1 license which substantially corresponds to a type of specialty
2 contractor recognized for state certification pursuant to
3 board rule under s. 489.113(6).
4 Section 60. Subsection (6) of section 489.507, Florida
5 Statutes, is repealed.
6 Section 61. The Electrical Contractors' Licensing
7 Board shall review its operations and its regular board
8 meeting lengths and locations and develop a plan to reduce its
9 annual operating budget by $25,000, and shall submit the plan
10 to the Department of Business and Professional Regulation by
11 January 1, 2002.
12 Section 62. Subsection (6) of section 489.511, Florida
13 Statutes, is amended to read:
14 489.511 Certification; application; examinations;
15 endorsement.--
16 (6) The board shall certify as qualified for
17 certification by endorsement any individual who applies from a
18 state that has a mutual reciprocity endorsement agreement with
19 the board and applying for certification who:
20 (a) meets the requirements for certification as set
21 forth in this section; has passed a national, regional, state,
22 or United States territorial licensing examination that is
23 substantially equivalent to the examination required by this
24 part; and has satisfied the requirements set forth in s.
25 489.521.; or
26 (b) Holds a valid license to practice electrical or
27 alarm system contracting issued by another state or territory
28 of the United States, if the criteria for issuance of such
29 license was substantially equivalent to the certification
30 criteria that existed in this state at the time the
31 certificate was issued.
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1 Section 63. Paragraph (f) is added to subsection (3)
2 of section 489.537, Florida Statutes, to read:
3 489.537 Application of this part.--
4 (3) Nothing in this act limits the power of a
5 municipality or county:
6 (f) To require that one electrical journeyman, who is
7 a graduate of the Institute of Applied Technology in
8 Construction Excellence or licensed pursuant to s. 489.5335,
9 be present on an industrial or commercial new construction
10 site with a facility of 50,000 gross square feet or more when
11 electrical work in excess of 77 volts is being performed in
12 order to supervise or perform such work, except as provided in
13 s. 489.503.
14 Section 64. Subsection (5) of section 498.005, Florida
15 Statutes, is amended to read:
16 498.005 Definitions.--As used in this chapter, unless
17 the context otherwise requires, the term:
18 (5) "Division" means the Division of Real Estate
19 Florida Land Sales, Condominiums, and Mobile Homes of the
20 Department of Business and Professional Regulation.
21 Section 65. Section 498.019, Florida Statutes, is
22 amended to read:
23 498.019 Professional Regulation Division of Florida
24 Land Sales, Condominiums, and Mobile Homes Trust Fund.--
25 (1) There is created within the State Treasury the
26 Division of Florida Land Sales, Condominiums, and Mobile Homes
27 Trust Fund to be used for the administration and operation of
28 this chapter and chapters 718, 719, 721, and 723 by the
29 division.
30 (2) All moneys collected by the division from fees,
31 fines, or penalties or from costs awarded to the division by a
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1 court shall be paid into the Professional Regulation Division
2 of Florida Land Sales, Condominiums, and Mobile Homes Trust
3 Fund to be used to administer and enforce this chapter and
4 rules adopted thereunder. The department shall maintain a
5 separate account in the trust fund and shall administer the
6 account pursuant to s. 455.219. The Legislature shall
7 appropriate funds from this trust fund sufficient to carry out
8 the provisions of this chapter and the provisions of law with
9 respect to each category of business covered by this trust
10 fund. The division shall maintain separate revenue accounts
11 in the trust fund for each of the businesses regulated by the
12 division. The division shall provide for the proportionate
13 allocation among the accounts of expenses incurred by the
14 division in the performance of its duties with respect to each
15 of these businesses. As part of its normal budgetary process,
16 the division shall prepare an annual report of revenue and
17 allocated expenses related to the operation of each of these
18 businesses which may be used to determine fees charged by the
19 division. This subsection shall operate pursuant to the
20 provisions of s. 215.20.
21 Section 66. Subsection (5) of section 498.049, Florida
22 Statutes, is amended to read:
23 498.049 Suspension; revocation; civil penalties.--
24 (5) Each person who materially participates in any
25 offer or disposition of any interest in subdivided lands in
26 violation of this chapter or relevant rules involving fraud,
27 deception, false pretenses, misrepresentation, or false
28 advertising or the disposition, concealment, or diversion of
29 any funds or assets of any person which adversely affects the
30 interests of a purchaser of any interest in subdivided lands,
31 and who directly or indirectly controls a subdivider or is a
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1 general partner, officer, director, agent, or employee of a
2 subdivider shall also be liable under this subsection jointly
3 and severally with and to the same extent as the subdivider,
4 unless that person did not know, and in the exercise of
5 reasonable care could not have known, of the existence of the
6 facts creating the alleged liability. Among these persons a
7 right of contribution shall exist, except that a creditor of a
8 subdivider shall not be jointly and severally liable unless
9 the creditor has assumed managerial or fiduciary
10 responsibility in a manner related to the basis for the
11 liability of the subdivider under this subsection. Civil
12 penalties shall be limited to $10,000 for each offense, and
13 all amounts collected shall be deposited with the Treasurer to
14 the credit of the Professional Regulation Division of Florida
15 Land Sales, Condominiums, and Mobile Homes Trust Fund. No
16 order requiring the payment of a civil penalty shall become
17 effective until 20 days after the date of the order, unless
18 otherwise agreed in writing by the person on whom the penalty
19 is imposed.
20 Section 67. Subsection (2) of section 190.009, Florida
21 Statutes, is amended to read:
22 190.009 Disclosure of public financing.--
23 (2) The Division of Real Estate Florida Land Sales,
24 Condominiums, and Mobile Homes of the Department of Business
25 and Professional Regulation shall ensure that disclosures made
26 by developers pursuant to chapter 498 meet the requirements of
27 subsection (1).
28 Section 68. The regulation of land sales pursuant to
29 chapter 498, Florida Statutes, shall remain under the
30 Department of Business and Professional Regulation but is
31 reassigned from the Division of Florida Land Sales,
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1 Condominiums, and Mobile Homes to the Division of Real Estate.
2 All funds collected by the department pursuant to this
3 regulation and all funds in the account created within the
4 Florida Land Sales, Condominiums, and Mobile Homes Trust Fund
5 for the purpose of this regulation shall be deposited in an
6 account created within the Professional Regulation Trust Fund
7 for this same purpose.
8 Section 69. Subsection (17) of section 718.103,
9 Florida Statutes, is amended to read:
10 718.103 Definitions.--As used in this chapter, the
11 term:
12 (17) "Division" means the Division of Florida Land
13 Sales, Condominiums, Timeshare, and Mobile Homes of the
14 Department of Business and Professional Regulation.
15 Section 70. Paragraph (c) of subsection (4) of section
16 718.105, Florida Statutes, is amended to read:
17 718.105 Recording of declaration.--
18 (4)
19 (c) If the sum of money held by the clerk has not been
20 paid to the developer or association as provided in paragraph
21 (b) by 3 years after the date the declaration was originally
22 recorded, the clerk in his or her discretion may notify, in
23 writing, the registered agent of the association that the sum
24 is still available and the purpose for which it was deposited.
25 If the association does not record the certificate within 90
26 days after the clerk has given the notice, the clerk may
27 disburse the money to the developer. If the developer cannot
28 be located, the clerk shall disburse the money to the division
29 of Florida Land Sales, Condominiums, and Mobile Homes for
30 deposit in the Division of Florida Land Sales, Condominiums,
31 Timeshare, and Mobile Homes Trust Fund.
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1 Section 71. Section 718.1255, Florida Statutes, is
2 amended to read:
3 718.1255 Alternative dispute resolution; voluntary
4 mediation; mandatory nonbinding arbitration and mediation;
5 local resolution; exemptions; legislative findings.--
6 (1) APPLICABILITY DEFINITIONS.--
7 (a) The provisions of subsection (3) apply to As used
8 in this section, the term "dispute" means any disagreement
9 between two or more parties that involves:
10 (a) The authority of the board of directors, under
11 this chapter or association document to:
12 1. Require any owner to take any action, or not to
13 take any action, involving that owner's unit or the
14 appurtenances thereto.
15 2. Alter or add to a common area or element.
16 (b) the failure of a governing body, when required by
17 this chapter or an association document, to:
18 1. properly conduct elections or to recall a board
19 member.
20 (b) The provisions of paragraph (3)(f)-(n) apply to
21 any disagreement between two or more parties that involves:
22 1. The authority of the board of directors, under this
23 chapter or an association document, to:
24 a. Require any owner to take any action, or not to
25 take any action, involving that owner's unit or the
26 appurtenances thereto; or
27 b. Alter or add to a common area or element.
28 2. The failure of a governing body, when required by
29 this chapter or an association document, to:
30 a.2. Give adequate notice of meetings or other
31 actions;.
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1 b.3. Properly conduct meetings; or.
2 c.4. Allow inspection of books and records.
3
4 "Dispute" does not include any disagreement that primarily
5 involves: title to any unit or common element; the
6 interpretation or enforcement of any warranty; the levy of a
7 fee or assessment, or the collection of an assessment levied
8 against a party; the eviction or other removal of a tenant
9 from a unit; alleged breaches of fiduciary duty by one or more
10 directors; or claims for damages to a unit based upon the
11 alleged failure of the association to maintain the common
12 elements or condominium property.
13 (2) VOLUNTARY MEDIATION.--Voluntary mediation through
14 Citizen Dispute Settlement Centers as provided for in s.
15 44.201 is encouraged.
16 (2)(3) LEGISLATIVE FINDINGS.--
17 (a) The Legislature finds that unit owners are
18 frequently at a disadvantage when litigating against an
19 association. Specifically, a condominium association, with its
20 statutory assessment authority, is often more able to bear the
21 costs and expenses of litigation than the unit owner who must
22 rely on his or her own financial resources to satisfy the
23 costs of litigation against the association.
24 (b) The Legislature finds that the courts are becoming
25 overcrowded with condominium and other disputes, and further
26 finds that alternative dispute resolution has been making
27 progress in reducing court dockets and trials and in offering
28 a more efficient, cost-effective option to court litigation.
29 However, the Legislature also finds that alternative dispute
30 resolution should not be used as a mechanism to encourage the
31 filing of frivolous or nuisance suits.
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1 (c) There exists a need to develop a flexible means of
2 alternative dispute resolution that directs disputes to the
3 most efficient means of resolution.
4 (d) The high cost and significant delay of circuit
5 court litigation faced by unit owners in the state can be
6 alleviated by requiring nonbinding arbitration and mediation
7 in appropriate cases, thereby reducing delay and attorney's
8 fees while preserving the right of either party to have its
9 case heard by a jury, if applicable, in a court of law.
10 (3)(4) MANDATORY NONBINDING ARBITRATION AND MEDIATION
11 OF DISPUTES.--The division of Florida Land Sales,
12 Condominiums, and Mobile Homes of the Department of Business
13 and Professional Regulation shall provide employ full-time
14 attorneys to act as arbitrators to conduct the arbitration
15 hearings as required provided by this chapter. The department
16 may employ attorneys to act as arbitrators, and the division
17 may also certify attorneys who are not employed by the
18 division to act as arbitrators to conduct the arbitration
19 hearings provided by this chapter section. No person may be
20 employed by the department as an a full-time arbitrator unless
21 he or she is a member in good standing of The Florida Bar. The
22 department shall promulgate rules of procedure to govern such
23 arbitration hearings including mediation incident thereto.
24 The decision of an arbitrator shall be final; however, such a
25 decision shall not be deemed final agency action. Nothing in
26 this provision shall be construed to foreclose parties from
27 proceeding in a trial de novo unless the parties have agreed
28 that the arbitration is binding. If such judicial proceedings
29 are initiated, the final decision of the arbitrator shall be
30 admissible in evidence in the trial de novo.
31 (a) Prior to the institution of court litigation, a
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1 party to a dispute shall petition the division for nonbinding
2 arbitration. The petition must be accompanied by a filing fee
3 in the amount of $50. Filing fees collected under this
4 section must be used to defray the expenses of the alternative
5 dispute resolution program.
6 (b) The petition must recite, and have attached
7 thereto, supporting proof that the petitioner gave the
8 respondents:
9 1. Advance written notice of the specific nature of
10 the dispute;
11 2. A demand for relief, and a reasonable opportunity
12 to comply or to provide the relief; and
13 3. Notice of the intention to file an arbitration
14 petition or other legal action in the absence of a resolution
15 of the dispute.
16
17 Failure to include the allegations or proof of compliance with
18 these prerequisites requires dismissal of the petition without
19 prejudice.
20 (c) Upon receipt, the petition shall be promptly
21 reviewed by the division to determine the existence of a
22 dispute and compliance with the requirements of paragraphs (a)
23 and (b). If emergency relief is required and is not available
24 through arbitration, a motion to stay the arbitration may be
25 filed. The motion must be accompanied by a verified petition
26 alleging facts that, if proven, would support entry of a
27 temporary injunction, and if an appropriate motion and
28 supporting papers are filed, the division may abate the
29 arbitration pending a court hearing and disposition of a
30 motion for temporary injunction.
31 (d) Upon determination by the division that a dispute
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1 exists and that the petition substantially meets the
2 requirements of paragraphs (a) and (b) and any other
3 applicable rules, a copy of the petition shall forthwith be
4 served by the division upon all respondents.
5 (e) Either before or after the filing of the
6 respondents' answer to the petition, any party may request
7 that the arbitrator refer the case to mediation under this
8 section and any rules adopted by the division. Upon receipt
9 of a request for mediation, the division shall promptly
10 contact the parties to determine if there is agreement that
11 mediation would be appropriate. If all parties agree, the
12 dispute must be referred to mediation. Notwithstanding a lack
13 of an agreement by all parties, the arbitrator may refer a
14 dispute to mediation at any time.
15 (f) The arbitrator or the division may refer the
16 parties to a Citizens Dispute Settlement Center under s.
17 44.201 in the county in which the dispute arose Upon referral
18 of a case to mediation, or the parties may agree on must
19 select a mutually acceptable mediator. To assist in the
20 selection, the arbitrator shall provide the parties with a
21 list of both volunteer and paid mediators that have been
22 certified by the division under s. 718.501. If the parties
23 are unable to agree on a mediator within the time allowed by
24 the arbitrator or the division, the arbitrator or the division
25 shall appoint a mediator from the list of certified mediators.
26 If a case is referred to mediation, the parties shall attend a
27 mediation conference, as scheduled by the parties and the
28 mediator. If any party fails to attend a duly noticed
29 mediation conference, without the permission or approval of
30 the arbitrator or mediator, the arbitrator or the division may
31 must impose sanctions against the party, including the
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1 striking of any pleadings filed, the entry of an order of
2 dismissal or default if appropriate, and the award of costs
3 and attorneys' fees incurred by the other parties. Unless
4 otherwise agreed to by the parties or as provided by order of
5 the arbitrator, a party is deemed to have appeared at a
6 mediation conference by the physical presence of the party or
7 its representative having full authority to settle without
8 further consultation, provided that an association may comply
9 by having one or more representatives present with full
10 authority to negotiate a settlement and recommend that the
11 board of administration ratify and approve such a settlement
12 within 5 days from the date of the mediation conference. The
13 mediator or Citizens Dispute Settlement Center may charge fees
14 for handling these cases. The parties shall share equally the
15 expense of mediation, unless they agree otherwise.
16 (g) The purpose of mediation as provided for by this
17 section is to present the parties with an opportunity to
18 resolve the underlying dispute in good faith, and with a
19 minimum expenditure of time and resources.
20 (h) Mediation proceedings must generally be conducted
21 in accordance with the Florida Rules of Civil Procedure, and
22 these proceedings are privileged and confidential to the same
23 extent as court-ordered mediation. Persons who are not parties
24 to the dispute are not allowed to attend the mediation
25 conference without the consent of all parties, with the
26 exception of counsel for the parties and corporate
27 representatives designated to appear for a party. If the case
28 was referred to mediation by an arbitrator and the mediator
29 declares an impasse after a mediation conference ends in an
30 impasse has been held, the arbitration proceeding terminates,
31 unless all parties agree in writing to continue the
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Amendment No. ___ Barcode 690828
1 arbitration proceeding, in which case the arbitrator's
2 decision shall be either binding or nonbinding, as agreed upon
3 by the parties; in the arbitration proceeding, the arbitrator
4 shall not consider any evidence relating to the unsuccessful
5 mediation except in a proceeding to impose sanctions for
6 failure to appear at the mediation conference. If the parties
7 do not agree to continue arbitration, the arbitrator shall
8 enter an order of dismissal, and either party may institute a
9 suit in a court of competent jurisdiction. If the case was
10 referred to mediation by the division and ends in an impasse,
11 either party may institute a suit in a court of competent
12 jurisdiction. The parties may seek to recover any costs and
13 attorneys' fees incurred in connection with arbitration and
14 mediation proceedings under this section as part of the costs
15 and fees that may be recovered by the prevailing party in any
16 subsequent litigation.
17 (i) Arbitration shall be conducted according to rules
18 promulgated by the division. The filing of a petition for
19 arbitration shall toll the applicable statute of limitations.
20 (j) At the request of any party to the arbitration,
21 such arbitrator shall issue subpoenas for the attendance of
22 witnesses and the production of books, records, documents, and
23 other evidence and any party on whose behalf a subpoena is
24 issued may apply to the court for orders compelling such
25 attendance and production. Subpoenas shall be served and shall
26 be enforceable in the manner provided by the Florida Rules of
27 Civil Procedure. Discovery may, in the discretion of the
28 arbitrator, be permitted in the manner provided by the Florida
29 Rules of Civil Procedure. Rules adopted by the division may
30 authorize any reasonable sanctions except contempt for a
31 violation of the arbitration procedural rules of the division
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1 or for the failure of a party to comply with a reasonable
2 nonfinal order issued by an arbitrator which is not under
3 judicial review.
4 (k) The arbitration decision shall be presented to the
5 parties in writing. An arbitration decision is final in those
6 disputes in which the parties have agreed to be bound. An
7 arbitration decision is also final if a complaint for a trial
8 de novo is not filed in a court of competent jurisdiction in
9 which the condominium is located within 30 days. The right to
10 file for a trial de novo entitles the parties to file a
11 complaint in the appropriate trial court for a judicial
12 resolution of the dispute. The prevailing party in an
13 arbitration proceeding shall be awarded the costs of the
14 arbitration and reasonable attorney's fees in an amount
15 determined by the arbitrator. Such an award shall include the
16 costs and reasonable attorney's fees incurred in the
17 arbitration proceeding as well as the costs and reasonable
18 attorney's fees incurred in preparing for and attending any
19 scheduled mediation.
20 (l) The party who files a complaint for a trial de
21 novo shall be assessed the other party's arbitration costs,
22 court costs, and other reasonable costs, including attorney's
23 fees, investigation expenses, and expenses for expert or other
24 testimony or evidence incurred after the arbitration hearing
25 if the judgment upon the trial de novo is not more favorable
26 than the arbitration decision. If the judgment is more
27 favorable, the party who filed a complaint for trial de novo
28 shall be awarded reasonable court costs and attorney's fees.
29 (m) Any party to an arbitration proceeding may enforce
30 an arbitration award by filing a petition in a court of
31 competent jurisdiction in which the condominium is located. A
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Amendment No. ___ Barcode 690828
1 petition may not be granted unless the time for appeal by the
2 filing of a complaint for trial de novo has expired. If a
3 complaint for a trial de novo has been filed, a petition may
4 not be granted with respect to an arbitration award that has
5 been stayed. If the petition for enforcement is granted, the
6 petitioner shall recover reasonable attorney's fees and costs
7 incurred in enforcing the arbitration award. A mediation
8 settlement may also be enforced through the county or circuit
9 court, as applicable, by the filing of a court case. and Any
10 costs and fees incurred in the enforcement of a settlement
11 agreement reached at mediation must be awarded to the
12 prevailing party in any enforcement action.
13 (n) In the resolution of these cases on the local
14 level, past precedent of prior division arbitration decisions
15 shall be considered and followed where appropriate.
16 (4) EXEMPTIONS.--A dispute is not subject to
17 resolution under this section if it includes any disagreement
18 that primarily involves:
19 (a) Title to any unit or common element;
20 (b) The interpretation or enforcement of any warranty;
21 (c) The levy of a fee or assessment or the collection
22 of an assessment levied against a party;
23 (d) The eviction or other removal of a tenant from a
24 unit;
25 (e) Alleged breaches of fiduciary duty by one or more
26 directors; or
27 (f) Claims for damages to a unit based upon the
28 alleged failure of the association to maintain the common
29 elements or condominium property.
30 (5) DISPUTES INVOLVING ELECTION IRREGULARITIES.--Every
31 arbitration petition received by the division and required to
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1 be filed under this section challenging the legality of the
2 election of any director of the board of administration shall
3 be handled on an expedited basis in the manner provided by
4 division rules for recall arbitration disputes.
5 Section 72. The Division of Condominiums, Timeshare,
6 and Mobile Homes of the Department of Business and
7 Professional Regulation shall continue the arbitration of any
8 cases which qualified for arbitration on the date the case was
9 filed with the division and which were filed with the division
10 prior to the date on which this act becomes law.
11 Section 73. There is appropriated 1 FTE and $440,626
12 from the Division of Condominiums, Timeshare, and Mobile Homes
13 Trust Fund to the Department of Business and Professional
14 Regulation for the purpose of investigating and resolving
15 disputes and dealing with compliance issues relating to
16 condominiums and cooperatives. This appropriation shall not
17 take effect if a similar amount of funding is included in the
18 various appropriations for compliance and enforcement in the
19 Florida Condominiums, Timeshare, and Mobile Homes program in
20 the fiscal year 2001-2002 General Appropriations Act.
21 Section 74. Section 718.501, Florida Statutes, is
22 amended to read:
23 718.501 Powers and duties of Division of Florida Land
24 Sales, Condominiums, Timeshare, and Mobile Homes.--
25 (1) The Division of Florida Land Sales, Condominiums,
26 Timeshare, and Mobile Homes of the Department of Business and
27 Professional Regulation, referred to as the "division" in this
28 part, in addition to other powers and duties prescribed by
29 chapter 498, has the power to enforce and ensure compliance
30 with the provisions of this chapter and rules adopted
31 promulgated pursuant hereto relating to the development,
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1 construction, sale, lease, ownership, operation, and
2 management of residential condominium units. In performing its
3 duties, the division has the following powers and duties:
4 (a) The division may make necessary public or private
5 investigations within or outside this state to determine
6 whether any person has violated this chapter or any rule or
7 order hereunder, to aid in the enforcement of this chapter, or
8 to aid in the adoption of rules or forms hereunder.
9 (b) The division may require or permit any person to
10 file a statement in writing, under oath or otherwise, as the
11 division determines, as to the facts and circumstances
12 concerning a matter to be investigated.
13 (c) For the purpose of any investigation under this
14 chapter, the division director or any officer or employee
15 designated by the division director may administer oaths or
16 affirmations, subpoena witnesses and compel their attendance,
17 take evidence, and require the production of any matter which
18 is relevant to the investigation, including the existence,
19 description, nature, custody, condition, and location of any
20 books, documents, or other tangible things and the identity
21 and location of persons having knowledge of relevant facts or
22 any other matter reasonably calculated to lead to the
23 discovery of material evidence. Upon the failure by a person
24 to obey a subpoena or to answer questions propounded by the
25 investigating officer and upon reasonable notice to all
26 persons affected thereby, the division may apply to the
27 circuit court for an order compelling compliance.
28 (d) Notwithstanding any remedies available to unit
29 owners and associations, if the division has reasonable cause
30 to believe that a violation of any provision of this chapter
31 or rule promulgated pursuant hereto has occurred, the division
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1 may institute enforcement proceedings in its own name against
2 any developer, association, officer, or member of the board of
3 administration, or its assignees or agents, as follows:
4 1. The division may permit a person whose conduct or
5 actions may be under investigation to waive formal proceedings
6 and enter into a consent proceeding whereby orders, rules, or
7 letters of censure or warning, whether formal or informal, may
8 be entered against the person.
9 2. The division may issue an order requiring the
10 developer, association, officer, or member of the board of
11 administration, or its assignees or agents, to cease and
12 desist from the unlawful practice and take such affirmative
13 action as in the judgment of the division will carry out the
14 purposes of this chapter. Such affirmative action may include,
15 but is not limited to, an order requiring a developer to pay
16 moneys determined to be owed to a condominium association.
17 3. The division may bring an action in circuit court
18 on behalf of a class of unit owners, lessees, or purchasers
19 for declaratory relief, injunctive relief, or restitution.
20 4. The division may impose a civil penalty against a
21 developer or association, or its assignee or agent, for any
22 violation of this chapter or a rule promulgated pursuant
23 hereto. The division may impose a civil penalty individually
24 against any officer or board member who willfully and
25 knowingly violates a provision of this chapter, a rule adopted
26 pursuant hereto, or a final order of the division. The term
27 "willfully and knowingly" means that the division informed the
28 officer or board member that his or her action or intended
29 action violates this chapter, a rule adopted under this
30 chapter, or a final order of the division and that the officer
31 or board member refused to comply with the requirements of
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1 this chapter, a rule adopted under this chapter, or a final
2 order of the division. The division, prior to initiating
3 formal agency action under chapter 120, shall afford the
4 officer or board member an opportunity to voluntarily comply
5 with this chapter, a rule adopted under this chapter, or a
6 final order of the division. An officer or board member who
7 complies within 10 days is not subject to a civil penalty. A
8 penalty may be imposed on the basis of each day of continuing
9 violation, but in no event shall the penalty for any offense
10 exceed $5,000. By January 1, 1998, the division shall adopt,
11 by rule, penalty guidelines applicable to possible violations
12 or to categories of violations of this chapter or rules
13 adopted by the division. The guidelines must specify a
14 meaningful range of civil penalties for each such violation of
15 the statute and rules and must be based upon the harm caused
16 by the violation, the repetition of the violation, and upon
17 such other factors deemed relevant by the division. For
18 example, the division may consider whether the violations were
19 committed by a developer or owner-controlled association, the
20 size of the association, and other factors. The guidelines
21 must designate the possible mitigating or aggravating
22 circumstances that justify a departure from the range of
23 penalties provided by the rules. It is the legislative intent
24 that minor violations be distinguished from those which
25 endanger the health, safety, or welfare of the condominium
26 residents or other persons and that such guidelines provide
27 reasonable and meaningful notice to the public of likely
28 penalties that may be imposed for proscribed conduct. This
29 subsection does not limit the ability of the division to
30 informally dispose of administrative actions or complaints by
31 stipulation, agreed settlement, or consent order. All amounts
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Amendment No. ___ Barcode 690828
1 collected shall be deposited with the Treasurer to the credit
2 of the Division of Florida Land Sales, Condominiums,
3 Timeshare, and Mobile Homes Trust Fund. If a developer fails
4 to pay the civil penalty, the division shall thereupon issue
5 an order directing that such developer cease and desist from
6 further operation until such time as the civil penalty is paid
7 or may pursue enforcement of the penalty in a court of
8 competent jurisdiction. If an association fails to pay the
9 civil penalty, the division shall thereupon pursue enforcement
10 in a court of competent jurisdiction, and the order imposing
11 the civil penalty or the cease and desist order will not
12 become effective until 20 days after the date of such order.
13 Any action commenced by the division shall be brought in the
14 county in which the division has its executive offices or in
15 the county where the violation occurred.
16 (e) The division is authorized to prepare and
17 disseminate a prospectus and other information to assist
18 prospective owners, purchasers, lessees, and developers of
19 residential condominiums in assessing the rights, privileges,
20 and duties pertaining thereto.
21 (f) The division has authority to adopt rules pursuant
22 to ss. 120.536(1) and 120.54 to implement and enforce the
23 provisions of this chapter.
24 (g) The division shall establish procedures for
25 providing notice to an association when the division is
26 considering the issuance of a declaratory statement with
27 respect to the declaration of condominium or any related
28 document governing in such condominium community.
29 (h) The division shall furnish each association which
30 pays the fees required by paragraph (2)(a) a copy of this act,
31 subsequent changes to this act on an annual basis, an amended
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1 version of this act as it becomes available from the Secretary
2 of State's office on a biennial basis, and the rules
3 promulgated pursuant thereto on an annual basis.
4 (i) The division shall annually provide each
5 association with a summary of declaratory statements and
6 formal legal opinions relating to the operations of
7 condominiums which were rendered by the division during the
8 previous year.
9 (j) The division shall provide training programs for
10 condominium association board members and unit owners.
11 (k) The division shall maintain a toll-free telephone
12 number accessible to condominium unit owners.
13 (l) The division shall develop a program to certify
14 both volunteer and paid mediators to provide mediation of
15 condominium disputes. The division shall provide, upon
16 request, a list of such mediators to any association, unit
17 owner, or other participant in arbitration proceedings under
18 s. 718.1255 requesting a copy of the list. The division shall
19 include on the list of volunteer mediators only the names of
20 persons who have received at least 20 hours of training in
21 mediation techniques or who have mediated at least 20
22 disputes. In order to become initially certified by the
23 division, paid mediators must be certified by the Supreme
24 Court to mediate court cases in either county or circuit
25 courts. However, the division may adopt, by rule, additional
26 factors for the certification of paid mediators, which factors
27 must be related to experience, education, or background. Any
28 person initially certified as a paid mediator by the division
29 must, in order to continue to be certified, comply with the
30 factors or requirements imposed by rules adopted by the
31 division.
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1 (m) When a complaint is made, the division shall
2 conduct its inquiry with due regard to the interests of the
3 affected parties. Within 30 days after receipt of a complaint,
4 the division shall acknowledge the complaint in writing and
5 notify the complainant whether the complaint is within the
6 jurisdiction of the division and whether additional
7 information is needed by the division from the complainant.
8 The division shall conduct its investigation and shall, within
9 90 days after receipt of the original complaint or of timely
10 requested additional information, take action upon the
11 complaint. However, the failure to complete the investigation
12 within 90 days does not prevent the division from continuing
13 the investigation, accepting or considering evidence obtained
14 or received after 90 days, or taking administrative action if
15 reasonable cause exists to believe that a violation of this
16 chapter or a rule of the division has occurred. If an
17 investigation is not completed within the time limits
18 established in this paragraph, the division shall, on a
19 monthly basis, notify the complainant in writing of the status
20 of the investigation. When reporting its action to the
21 complainant, the division shall inform the complainant of any
22 right to a hearing pursuant to ss. 120.569 and 120.57.
23 (2)(a) Effective January 1, 1992, each condominium
24 association which operates more than two units shall pay to
25 the division an annual fee in the amount of $4 for each
26 residential unit in condominiums operated by the association.
27 If the fee is not paid by March 1, then the association shall
28 be assessed a penalty of 10 percent of the amount due, and the
29 association will not have standing to maintain or defend any
30 action in the courts of this state until the amount due, plus
31 any penalty, is paid.
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1 (b) All fees shall be deposited in the Division of
2 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes
3 Trust Fund as provided by law.
4 Section 75. Paragraph (a) of subsection (2) of section
5 718.502, Florida Statutes, is amended to read:
6 718.502 Filing prior to sale or lease.--
7 (2)(a) Prior to filing as required by subsection (1),
8 and prior to acquiring an ownership, leasehold, or contractual
9 interest in the land upon which the condominium is to be
10 developed, a developer shall not offer a contract for purchase
11 of a unit or lease of a unit for more than 5 years. However,
12 the developer may accept deposits for reservations upon the
13 approval of a fully executed escrow agreement and reservation
14 agreement form properly filed with the division of Florida
15 Land Sales, Condominiums, and Mobile Homes. Each filing of a
16 proposed reservation program shall be accompanied by a filing
17 fee of $250. Reservations shall not be taken on a proposed
18 condominium unless the developer has an ownership, leasehold,
19 or contractual interest in the land upon which the condominium
20 is to be developed. The division shall notify the developer
21 within 20 days of receipt of the reservation filing of any
22 deficiencies contained therein. Such notification shall not
23 preclude the determination of reservation filing deficiencies
24 at a later date, nor shall it relieve the developer of any
25 responsibility under the law. The escrow agreement and the
26 reservation agreement form shall include a statement of the
27 right of the prospective purchaser to an immediate unqualified
28 refund of the reservation deposit moneys upon written request
29 to the escrow agent by the prospective purchaser or the
30 developer.
31 Section 76. Section 718.504, Florida Statutes, is
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Amendment No. ___ Barcode 690828
1 amended to read:
2 718.504 Prospectus or offering circular.--Every
3 developer of a residential condominium which contains more
4 than 20 residential units, or which is part of a group of
5 residential condominiums which will be served by property to
6 be used in common by unit owners of more than 20 residential
7 units, shall prepare a prospectus or offering circular and
8 file it with the division of Florida Land Sales, Condominiums,
9 and Mobile Homes prior to entering into an enforceable
10 contract of purchase and sale of any unit or lease of a unit
11 for more than 5 years and shall furnish a copy of the
12 prospectus or offering circular to each buyer. In addition to
13 the prospectus or offering circular, each buyer shall be
14 furnished a separate page entitled "Frequently Asked Questions
15 and Answers," which shall be in accordance with a format
16 approved by the division and a copy of the financial
17 information required by s. 718.111. This page shall, in
18 readable language, inform prospective purchasers regarding
19 their voting rights and unit use restrictions, including
20 restrictions on the leasing of a unit; shall indicate whether
21 and in what amount the unit owners or the association is
22 obligated to pay rent or land use fees for recreational or
23 other commonly used facilities; shall contain a statement
24 identifying that amount of assessment which, pursuant to the
25 budget, would be levied upon each unit type, exclusive of any
26 special assessments, and which shall further identify the
27 basis upon which assessments are levied, whether monthly,
28 quarterly, or otherwise; shall state and identify any court
29 cases in which the association is currently a party of record
30 in which the association may face liability in excess of
31 $100,000; and which shall further state whether membership in
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Amendment No. ___ Barcode 690828
1 a recreational facilities association is mandatory, and if so,
2 shall identify the fees currently charged per unit type. The
3 division shall by rule require such other disclosure as in its
4 judgment will assist prospective purchasers. The prospectus or
5 offering circular may include more than one condominium,
6 although not all such units are being offered for sale as of
7 the date of the prospectus or offering circular. The
8 prospectus or offering circular must contain the following
9 information:
10 (1) The front cover or the first page must contain
11 only:
12 (a) The name of the condominium.
13 (b) The following statements in conspicuous type:
14 1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS
15 IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM
16 UNIT.
17 2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
18 NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL
19 REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND
20 SALES MATERIALS.
21 3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
22 CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER
23 TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR
24 CORRECT REPRESENTATIONS.
25 (2) Summary: The next page must contain all
26 statements required to be in conspicuous type in the
27 prospectus or offering circular.
28 (3) A separate index of the contents and exhibits of
29 the prospectus.
30 (4) Beginning on the first page of the text (not
31 including the summary and index), a description of the
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Amendment No. ___ Barcode 690828
1 condominium, including, but not limited to, the following
2 information:
3 (a) Its name and location.
4 (b) A description of the condominium property,
5 including, without limitation:
6 1. The number of buildings, the number of units in
7 each building, the number of bathrooms and bedrooms in each
8 unit, and the total number of units, if the condominium is not
9 a phase condominium, or the maximum number of buildings that
10 may be contained within the condominium, the minimum and
11 maximum numbers of units in each building, the minimum and
12 maximum numbers of bathrooms and bedrooms that may be
13 contained in each unit, and the maximum number of units that
14 may be contained within the condominium, if the condominium is
15 a phase condominium.
16 2. The page in the condominium documents where a copy
17 of the plot plan and survey of the condominium is located.
18 3. The estimated latest date of completion of
19 constructing, finishing, and equipping. In lieu of a date,
20 the description shall include a statement that the estimated
21 date of completion of the condominium is in the purchase
22 agreement and a reference to the article or paragraph
23 containing that information.
24 (c) The maximum number of units that will use
25 facilities in common with the condominium. If the maximum
26 number of units will vary, a description of the basis for
27 variation and the minimum amount of dollars per unit to be
28 spent for additional recreational facilities or enlargement of
29 such facilities. If the addition or enlargement of facilities
30 will result in a material increase of a unit owner's
31 maintenance expense or rental expense, if any, the maximum
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Amendment No. ___ Barcode 690828
1 increase and limitations thereon shall be stated.
2 (5)(a) A statement in conspicuous type describing
3 whether the condominium is created and being sold as fee
4 simple interests or as leasehold interests. If the condominium
5 is created or being sold on a leasehold, the location of the
6 lease in the disclosure materials shall be stated.
7 (b) If timeshare estates are or may be created with
8 respect to any unit in the condominium, a statement in
9 conspicuous type stating that timeshare estates are created
10 and being sold in units in the condominium.
11 (6) A description of the recreational and other
12 commonly used facilities that will be used only by unit owners
13 of the condominium, including, but not limited to, the
14 following:
15 (a) Each room and its intended purposes, location,
16 approximate floor area, and capacity in numbers of people.
17 (b) Each swimming pool, as to its general location,
18 approximate size and depths, approximate deck size and
19 capacity, and whether heated.
20 (c) Additional facilities, as to the number of each
21 facility, its approximate location, approximate size, and
22 approximate capacity.
23 (d) A general description of the items of personal
24 property and the approximate number of each item of personal
25 property that the developer is committing to furnish for each
26 room or other facility or, in the alternative, a
27 representation as to the minimum amount of expenditure that
28 will be made to purchase the personal property for the
29 facility.
30 (e) The estimated date when each room or other
31 facility will be available for use by the unit owners.
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Amendment No. ___ Barcode 690828
1 (f)1. An identification of each room or other facility
2 to be used by unit owners that will not be owned by the unit
3 owners or the association;
4 2. A reference to the location in the disclosure
5 materials of the lease or other agreements providing for the
6 use of those facilities; and
7 3. A description of the terms of the lease or other
8 agreements, including the length of the term; the rent
9 payable, directly or indirectly, by each unit owner, and the
10 total rent payable to the lessor, stated in monthly and annual
11 amounts for the entire term of the lease; and a description of
12 any option to purchase the property leased under any such
13 lease, including the time the option may be exercised, the
14 purchase price or how it is to be determined, the manner of
15 payment, and whether the option may be exercised for a unit
16 owner's share or only as to the entire leased property.
17 (g) A statement as to whether the developer may
18 provide additional facilities not described above; their
19 general locations and types; improvements or changes that may
20 be made; the approximate dollar amount to be expended; and the
21 maximum additional common expense or cost to the individual
22 unit owners that may be charged during the first annual period
23 of operation of the modified or added facilities.
24
25 Descriptions as to locations, areas, capacities, numbers,
26 volumes, or sizes may be stated as approximations or minimums.
27 (7) A description of the recreational and other
28 facilities that will be used in common with other
29 condominiums, community associations, or planned developments
30 which require the payment of the maintenance and expenses of
31 such facilities, either directly or indirectly, by the unit
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Amendment No. ___ Barcode 690828
1 owners. The description shall include, but not be limited to,
2 the following:
3 (a) Each building and facility committed to be built.
4 (b) Facilities not committed to be built except under
5 certain conditions, and a statement of those conditions or
6 contingencies.
7 (c) As to each facility committed to be built, or
8 which will be committed to be built upon the happening of one
9 of the conditions in paragraph (b), a statement of whether it
10 will be owned by the unit owners having the use thereof or by
11 an association or other entity which will be controlled by
12 them, or others, and the location in the exhibits of the lease
13 or other document providing for use of those facilities.
14 (d) The year in which each facility will be available
15 for use by the unit owners or, in the alternative, the maximum
16 number of unit owners in the project at the time each of all
17 of the facilities is committed to be completed.
18 (e) A general description of the items of personal
19 property, and the approximate number of each item of personal
20 property, that the developer is committing to furnish for each
21 room or other facility or, in the alternative, a
22 representation as to the minimum amount of expenditure that
23 will be made to purchase the personal property for the
24 facility.
25 (f) If there are leases, a description thereof,
26 including the length of the term, the rent payable, and a
27 description of any option to purchase.
28
29 Descriptions shall include location, areas, capacities,
30 numbers, volumes, or sizes and may be stated as approximations
31 or minimums.
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 (8) Recreation lease or associated club membership:
2 (a) If any recreational facilities or other facilities
3 offered by the developer and available to, or to be used by,
4 unit owners are to be leased or have club membership
5 associated, the following statement in conspicuous type shall
6 be included: THERE IS A RECREATIONAL FACILITIES LEASE
7 ASSOCIATED WITH THIS CONDOMINIUM; or, THERE IS A CLUB
8 MEMBERSHIP ASSOCIATED WITH THIS CONDOMINIUM. There shall be a
9 reference to the location in the disclosure materials where
10 the recreation lease or club membership is described in
11 detail.
12 (b) If it is mandatory that unit owners pay a fee,
13 rent, dues, or other charges under a recreational facilities
14 lease or club membership for the use of facilities, there
15 shall be in conspicuous type the applicable statement:
16 1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
17 MANDATORY FOR UNIT OWNERS; or
18 2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF
19 OWNERSHIP, TO BE LESSEES UNDER THE RECREATIONAL FACILITIES
20 LEASE; or
21 3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
22 COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
23 REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
24 LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
25 4. A similar statement of the nature of the
26 organization or the manner in which the use rights are
27 created, and that unit owners are required to pay.
28
29 Immediately following the applicable statement, the location
30 in the disclosure materials where the development is described
31 in detail shall be stated.
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 (c) If the developer, or any other person other than
2 the unit owners and other persons having use rights in the
3 facilities, reserves, or is entitled to receive, any rent,
4 fee, or other payment for the use of the facilities, then
5 there shall be the following statement in conspicuous type:
6 THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND
7 USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES.
8 Immediately following this statement, the location in the
9 disclosure materials where the rent or land use fees are
10 described in detail shall be stated.
11 (d) If, in any recreation format, whether leasehold,
12 club, or other, any person other than the association has the
13 right to a lien on the units to secure the payment of
14 assessments, rent, or other exactions, there shall appear a
15 statement in conspicuous type in substantially the following
16 form:
17 1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
18 SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
19 RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
20 PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
21 2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
22 SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING
23 DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE
24 RECREATIONAL OR COMMONLY USED FACILITIES. THE UNIT OWNER'S
25 FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF
26 THE LIEN.
27
28 Immediately following the applicable statement, the location
29 in the disclosure materials where the lien or lien right is
30 described in detail shall be stated.
31 (9) If the developer or any other person has the right
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 to increase or add to the recreational facilities at any time
2 after the establishment of the condominium whose unit owners
3 have use rights therein, without the consent of the unit
4 owners or associations being required, there shall appear a
5 statement in conspicuous type in substantially the following
6 form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED
7 WITHOUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S).
8 Immediately following this statement, the location in the
9 disclosure materials where such reserved rights are described
10 shall be stated.
11 (10) A statement of whether the developer's plan
12 includes a program of leasing units rather than selling them,
13 or leasing units and selling them subject to such leases. If
14 so, there shall be a description of the plan, including the
15 number and identification of the units and the provisions and
16 term of the proposed leases, and a statement in boldfaced type
17 that: THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
18 (11) The arrangements for management of the
19 association and maintenance and operation of the condominium
20 property and of other property that will serve the unit owners
21 of the condominium property, and a description of the
22 management contract and all other contracts for these purposes
23 having a term in excess of 1 year, including the following:
24 (a) The names of contracting parties.
25 (b) The term of the contract.
26 (c) The nature of the services included.
27 (d) The compensation, stated on a monthly and annual
28 basis, and provisions for increases in the compensation.
29 (e) A reference to the volumes and pages of the
30 condominium documents and of the exhibits containing copies of
31 such contracts.
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1
2 Copies of all described contracts shall be attached as
3 exhibits. If there is a contract for the management of the
4 condominium property, then a statement in conspicuous type in
5 substantially the following form shall appear, identifying the
6 proposed or existing contract manager: THERE IS (IS TO BE) A
7 CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH
8 (NAME OF THE CONTRACT MANAGER). Immediately following this
9 statement, the location in the disclosure materials of the
10 contract for management of the condominium property shall be
11 stated.
12 (12) If the developer or any other person or persons
13 other than the unit owners has the right to retain control of
14 the board of administration of the association for a period of
15 time which can exceed 1 year after the closing of the sale of
16 a majority of the units in that condominium to persons other
17 than successors or alternate developers, then a statement in
18 conspicuous type in substantially the following form shall be
19 included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
20 RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE
21 UNITS HAVE BEEN SOLD. Immediately following this statement,
22 the location in the disclosure materials where this right to
23 control is described in detail shall be stated.
24 (13) If there are any restrictions upon the sale,
25 transfer, conveyance, or leasing of a unit, then a statement
26 in conspicuous type in substantially the following form shall
27 be included: THE SALE, LEASE, OR TRANSFER OF UNITS IS
28 RESTRICTED OR CONTROLLED. Immediately following this
29 statement, the location in the disclosure materials where the
30 restriction, limitation, or control on the sale, lease, or
31 transfer of units is described in detail shall be stated.
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Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 (14) If the condominium is part of a phase project,
2 the following information shall be stated:
3 (a) A statement in conspicuous type in substantially
4 the following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL
5 LAND AND UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately
6 following this statement, the location in the disclosure
7 materials where the phasing is described shall be stated.
8 (b) A summary of the provisions of the declaration
9 which provide for the phasing.
10 (c) A statement as to whether or not residential
11 buildings and units which are added to the condominium may be
12 substantially different from the residential buildings and
13 units originally in the condominium. If the added residential
14 buildings and units may be substantially different, there
15 shall be a general description of the extent to which such
16 added residential buildings and units may differ, and a
17 statement in conspicuous type in substantially the following
18 form shall be included: BUILDINGS AND UNITS WHICH ARE ADDED TO
19 THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER
20 BUILDINGS AND UNITS IN THE CONDOMINIUM. Immediately following
21 this statement, the location in the disclosure materials where
22 the extent to which added residential buildings and units may
23 substantially differ is described shall be stated.
24 (d) A statement of the maximum number of buildings
25 containing units, the maximum and minimum numbers of units in
26 each building, the maximum number of units, and the minimum
27 and maximum square footage of the units that may be contained
28 within each parcel of land which may be added to the
29 condominium.
30 (15) If the condominium is or may become part of a
31 multicondominium, the following information must be provided:
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Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 (a) A statement in conspicuous type in substantially
2 the following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
3 MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
4 (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately
5 following this statement, the location in the prospectus or
6 offering circular and its exhibits where the multicondominium
7 aspects of the offering are described must be stated.
8 (b) A summary of the provisions in the declaration,
9 articles of incorporation, and bylaws which establish and
10 provide for the operation of the multicondominium, including a
11 statement as to whether unit owners in the condominium will
12 have the right to use recreational or other facilities located
13 or planned to be located in other condominiums operated by the
14 same association, and the manner of sharing the common
15 expenses related to such facilities.
16 (c) A statement of the minimum and maximum number of
17 condominiums, and the minimum and maximum number of units in
18 each of those condominiums, which will or may be operated by
19 the association, and the latest date by which the exact number
20 will be finally determined.
21 (d) A statement as to whether any of the condominiums
22 in the multicondominium may include units intended to be used
23 for nonresidential purposes and the purpose or purposes
24 permitted for such use.
25 (e) A general description of the location and
26 approximate acreage of any land on which any additional
27 condominiums to be operated by the association may be located.
28 (16) If the condominium is created by conversion of
29 existing improvements, the following information shall be
30 stated:
31 (a) The information required by s. 718.616.
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 (b) A caveat that there are no express warranties
2 unless they are stated in writing by the developer.
3 (17) A summary of the restrictions, if any, to be
4 imposed on units concerning the use of any of the condominium
5 property, including statements as to whether there are
6 restrictions upon children and pets, and reference to the
7 volumes and pages of the condominium documents where such
8 restrictions are found, or if such restrictions are contained
9 elsewhere, then a copy of the documents containing the
10 restrictions shall be attached as an exhibit.
11 (18) If there is any land that is offered by the
12 developer for use by the unit owners and that is neither owned
13 by them nor leased to them, the association, or any entity
14 controlled by unit owners and other persons having the use
15 rights to such land, a statement shall be made as to how such
16 land will serve the condominium. If any part of such land
17 will serve the condominium, the statement shall describe the
18 land and the nature and term of service, and the declaration
19 or other instrument creating such servitude shall be included
20 as an exhibit.
21 (19) The manner in which utility and other services,
22 including, but not limited to, sewage and waste disposal,
23 water supply, and storm drainage, will be provided and the
24 person or entity furnishing them.
25 (20) An explanation of the manner in which the
26 apportionment of common expenses and ownership of the common
27 elements has been determined.
28 (21) An estimated operating budget for the condominium
29 and the association, and a schedule of the unit owner's
30 expenses shall be attached as an exhibit and shall contain the
31 following information:
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 (a) The estimated monthly and annual expenses of the
2 condominium 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 common expenses paid by all
6 unit owners, payable by the unit owner to persons or entities
7 other than the association, as well as to the association,
8 including fees assessed pursuant to s. 718.113(1) for
9 maintenance of limited common elements where such costs are
10 shared only by those entitled to use the limited common
11 element, and the total estimated monthly and annual expense.
12 There may be excluded from this estimate expenses which are
13 not provided for or contemplated by the condominium documents,
14 including, but not limited to, the costs of private telephone;
15 maintenance of the interior of condominium units, which is not
16 the obligation of the association; maid or janitorial services
17 privately contracted for by the unit owners; utility bills
18 billed directly to each unit owner for utility services to his
19 or her unit; insurance premiums other than those incurred for
20 policies obtained by the condominium; and similar personal
21 expenses of the unit owner. A unit owner's estimated payments
22 for assessments shall also be stated in the estimated amounts
23 for the times when they will be due.
24 (c) The estimated items of expenses of the condominium
25 and the association, except as excluded under paragraph (b),
26 including, but not limited to, the following items, which
27 shall be stated either as an association expense collectible
28 by assessments or as unit owners' expenses payable to persons
29 other than the association:
30 1. Expenses for the association and condominium:
31 a. Administration of the association.
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 b. Management fees.
2 c. Maintenance.
3 d. Rent for recreational and other commonly used
4 facilities.
5 e. Taxes upon association property.
6 f. Taxes upon leased areas.
7 g. Insurance.
8 h. Security provisions.
9 i. Other expenses.
10 j. Operating capital.
11 k. Reserves.
12 l. Fees payable to the division.
13 2. Expenses for a unit owner:
14 a. Rent for the unit, if subject to a lease.
15 b. Rent payable by the unit owner directly to the
16 lessor or agent under any recreational lease or lease for the
17 use of commonly used facilities, which use and payment is a
18 mandatory condition of ownership and is not included in the
19 common expense or assessments for common maintenance paid by
20 the unit owners to the association.
21 (d) The estimated amounts shall be stated for a period
22 of at least 12 months and may distinguish between the period
23 prior to the time unit owners other than the developer elect a
24 majority of the board of administration and the period after
25 that date.
26 (22) A schedule of estimated closing expenses to be
27 paid by a buyer or lessee of a unit and a statement of whether
28 title opinion or title insurance policy is available to the
29 buyer and, if so, at whose expense.
30 (23) The identity of the developer and the chief
31 operating officer or principal directing the creation and sale
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 of the condominium and a statement of its and his or her
2 experience in this field.
3 (24) Copies of the following, to the extent they are
4 applicable, shall be included as exhibits:
5 (a) The declaration of condominium, or the proposed
6 declaration if the declaration has not been recorded.
7 (b) The articles of incorporation creating the
8 association.
9 (c) The bylaws of the association.
10 (d) The ground lease or other underlying lease of the
11 condominium.
12 (e) The management agreement and all maintenance and
13 other contracts for management of the association and
14 operation of the condominium and facilities used by the unit
15 owners having a service term in excess of 1 year.
16 (f) The estimated operating budget for the condominium
17 and the required schedule of unit owners' expenses.
18 (g) A copy of the floor plan of the unit and the plot
19 plan showing the location of the residential buildings and the
20 recreation and other common areas.
21 (h) The lease of recreational and other facilities
22 that will be used only by unit owners of the subject
23 condominium.
24 (i) The lease of facilities used by owners and others.
25 (j) The form of unit lease, if the offer is of a
26 leasehold.
27 (k) A declaration of servitude of properties serving
28 the condominium but not owned by unit owners or leased to them
29 or the association.
30 (l) The statement of condition of the existing
31 building or buildings, if the offering is of units in an
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 operation being converted to condominium ownership.
2 (m) The statement of inspection for termite damage and
3 treatment of the existing improvements, if the condominium is
4 a conversion.
5 (n) The form of agreement for sale or lease of units.
6 (o) A copy of the agreement for escrow of payments
7 made to the developer prior to closing.
8 (p) A copy of the documents containing any
9 restrictions on use of the property required by subsection
10 (16).
11 (25) Any prospectus or offering circular complying,
12 prior to the effective date of this act, with the provisions
13 of former ss. 711.69 and 711.802 may continue to be used
14 without amendment or may be amended to comply with the
15 provisions of this chapter.
16 (26) A brief narrative description of the location and
17 effect of all existing and intended easements located or to be
18 located on the condominium property other than those described
19 in the declaration.
20 (27) If the developer is required by state or local
21 authorities to obtain acceptance or approval of any dock or
22 marina facilities intended to serve the condominium, a copy of
23 any such acceptance or approval acquired by the time of filing
24 with the division under s. 718.502(1) or a statement that such
25 acceptance or approval has not been acquired or received.
26 (28) Evidence demonstrating that the developer has an
27 ownership, leasehold, or contractual interest in the land upon
28 which the condominium is to be developed.
29 Section 77. Section 718.508, Florida Statutes, is
30 amended to read:
31 718.508 Regulation by Division of Hotels and
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 Restaurants.--In addition to the authority, regulation, or
2 control exercised by the Division of Florida Land Sales,
3 Condominiums, Timeshare, and Mobile Homes pursuant to this act
4 with respect to condominiums, buildings included in a
5 condominium property shall be subject to the authority,
6 regulation, or control of the Division of Hotels and
7 Restaurants of the Department of Business and Professional
8 Regulation, to the extent provided for in chapter 399.
9 Section 78. Section 718.509, Florida Statutes, is
10 amended to read:
11 718.509 Division of Florida Land Sales, Condominiums,
12 Timeshare, and Mobile Homes Trust Fund.--
13 (1) There is created within the State Treasury the
14 Division of Condominiums, Timeshare, and Mobile Homes Trust
15 Fund, to be used for the administration and operation of this
16 chapter and chapters 719, 721, and 723 by the division.
17 (2) All funds collected by the division and any amount
18 paid for a fee or penalty under this chapter shall be
19 deposited in the State Treasury to the credit of the Division
20 of Florida Land Sales, Condominiums, Timeshare, and Mobile
21 Homes Trust Fund created by s. 718.509 498.019. The division
22 shall maintain separate revenue accounts in the trust fund for
23 each business regulated by the division, and shall provide for
24 the proportionate allocation among the accounts of expenses
25 incurred in the performance of its duties for each of these
26 businesses. As part of its normal budgetary process, the
27 division shall prepare an annual report of revenue and
28 allocated expenses related to the operation of each of these
29 businesses, which may be used to determine fees charged by the
30 division. The provisions of s. 215.20 apply to the trust fund.
31 Section 79. Paragraph (a) of subsection (2) of section
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Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 718.608, Florida Statutes, is amended to read:
2 718.608 Notice of intended conversion; time of
3 delivery; content.--
4 (2)(a) Each notice of intended conversion shall be
5 dated and in writing. The notice shall contain the following
6 statement, with the phrases of the following statement which
7 appear in upper case printed in conspicuous type:
8
9 These apartments are being converted to condominium by
10 ...(name of developer)..., the developer.
11 1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION
12 OF YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
13 AGREEMENT AS FOLLOWS:
14 a. If you have continuously been a resident of these
15 apartments during the last 180 days and your rental agreement
16 expires during the next 270 days, you may extend your rental
17 agreement for up to 270 days after the date of this notice.
18 b. If you have not been a continuous resident of these
19 apartments for the last 180 days and your rental agreement
20 expires during the next 180 days, you may extend your rental
21 agreement for up to 180 days after the date of this notice.
22 c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT,
23 YOU MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS
24 AFTER THE DATE OF THIS NOTICE.
25 2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45
26 DAYS, you may extend your rental agreement for up to 45 days
27 after the date of this notice while you decide whether to
28 extend your rental agreement as explained above. To do so,
29 you must notify the developer in writing. You will then have
30 the full 45 days to decide whether to extend your rental
31 agreement as explained above.
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 3. During the extension of your rental agreement you
2 will be charged the same rent that you are now paying.
3 4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY
4 EXTENSION OF THE RENTAL AGREEMENT AS FOLLOWS:
5 a. If your rental agreement began or was extended or
6 renewed after May 1, 1980, and your rental agreement,
7 including extensions and renewals, has an unexpired term of
8 180 days or less, you may cancel your rental agreement upon 30
9 days' written notice and move. Also, upon 30 days' written
10 notice, you may cancel any extension of the rental agreement.
11 b. If your rental agreement was not begun or was not
12 extended or renewed after May 1, 1980, you may not cancel the
13 rental agreement without the consent of the developer. If
14 your rental agreement, including extensions and renewals, has
15 an unexpired term of 180 days or less, you may, however, upon
16 30 days' written notice cancel any extension of the rental
17 agreement.
18 5. All notices must be given in writing and sent by
19 mail, return receipt requested, or delivered in person to the
20 developer at this address: ...(name and address of
21 developer)....
22 6. If you have continuously been a resident of these
23 apartments during the last 180 days:
24 a. You have the right to purchase your apartment and
25 will have 45 days to decide whether to purchase. If you do
26 not buy the unit at that price and the unit is later offered
27 at a lower price, you will have the opportunity to buy the
28 unit at the lower price. However, in all events your right to
29 purchase the unit ends when the rental agreement or any
30 extension of the rental agreement ends or when you waive this
31 right in writing.
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Amendment No. ___ Barcode 690828
1 b. Within 90 days you will be provided purchase
2 information relating to your apartment, including the price of
3 your unit and the condition of the building. If you do not
4 receive this information within 90 days, your rental agreement
5 and any extension will be extended 1 day for each day over 90
6 days until you are given the purchase information. If you do
7 not want this rental agreement extension, you must notify the
8 developer in writing.
9 7. If you have any questions regarding this conversion
10 or the Condominium Act, you may contact the developer or the
11 state agency which regulates condominiums: The Division of
12 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes,
13 ...(Tallahassee address and telephone number of division)....
14 Section 80. Subsection (17) of section 719.103,
15 Florida Statutes, is amended to read:
16 719.103 Definitions.--As used in this chapter:
17 (17) "Division" means the Division of Florida Land
18 Sales, Condominiums, Timeshare, and Mobile Homes of the
19 Department of Business and Professional Regulation.
20 Section 81. Section 719.1255, Florida Statutes, is
21 amended to read:
22 719.1255 Alternative resolution of disputes.--The
23 division of Florida Land Sales, Condominiums, and Mobile Homes
24 of the Department of Business and Professional Regulation
25 shall provide for alternative dispute resolution in accordance
26 with s. 718.1255.
27 Section 82. Section 719.501, Florida Statutes, is
28 amended to read:
29 719.501 Powers and duties of Division of Florida Land
30 Sales, Condominiums, Timeshare, and Mobile Homes.--
31 (1) The Division of Florida Land Sales, Condominiums,
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Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 Timeshare, and Mobile Homes of the Department of Business and
2 Professional Regulation, referred to as the "division" in this
3 part, in addition to other powers and duties prescribed by
4 chapter 498, has the power to enforce and ensure compliance
5 with the provisions of this chapter and rules adopted
6 promulgated pursuant hereto relating to the development,
7 construction, sale, lease, ownership, operation, and
8 management of residential cooperative units. In performing its
9 duties, the division shall have the following powers and
10 duties:
11 (a) The division may make necessary public or private
12 investigations within or outside this state to determine
13 whether any person has violated this chapter or any rule or
14 order hereunder, to aid in the enforcement of this chapter, or
15 to aid in the adoption of rules or forms hereunder.
16 (b) The division may require or permit any person to
17 file a statement in writing, under oath or otherwise, as the
18 division determines, as to the facts and circumstances
19 concerning a matter to be investigated.
20 (c) For the purpose of any investigation under this
21 chapter, the division director or any officer or employee
22 designated by the division director may administer oaths or
23 affirmations, subpoena witnesses and compel their attendance,
24 take evidence, and require the production of any matter which
25 is relevant to the investigation, including the existence,
26 description, nature, custody, condition, and location of any
27 books, documents, or other tangible things and the identity
28 and location of persons having knowledge of relevant facts or
29 any other matter reasonably calculated to lead to the
30 discovery of material evidence. Upon failure by a person to
31 obey a subpoena or to answer questions propounded by the
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Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 investigating officer and upon reasonable notice to all
2 persons affected thereby, the division may apply to the
3 circuit court for an order compelling compliance.
4 (d) Notwithstanding any remedies available to unit
5 owners and associations, if the division has reasonable cause
6 to believe that a violation of any provision of this chapter
7 or rule promulgated pursuant hereto has occurred, the division
8 may institute enforcement proceedings in its own name against
9 a developer, association, officer, or member of the board, or
10 its assignees or agents, as follows:
11 1. The division may permit a person whose conduct or
12 actions may be under investigation to waive formal proceedings
13 and enter into a consent proceeding whereby orders, rules, or
14 letters of censure or warning, whether formal or informal, may
15 be entered against the person.
16 2. The division may issue an order requiring the
17 developer, association, officer, or member of the board, or
18 its assignees or agents, to cease and desist from the unlawful
19 practice and take such affirmative action as in the judgment
20 of the division will carry out the purposes of this chapter.
21 Such affirmative action may include, but is not limited to, an
22 order requiring a developer to pay moneys determined to be
23 owed to a condominium association.
24 3. The division may bring an action in circuit court
25 on behalf of a class of unit owners, lessees, or purchasers
26 for declaratory relief, injunctive relief, or restitution.
27 4. The division may impose a civil penalty against a
28 developer or association, or its assignees or agents, for any
29 violation of this chapter or a rule promulgated pursuant
30 hereto. The division may impose a civil penalty individually
31 against any officer or board member who willfully and
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1 knowingly violates a provision of this chapter, a rule adopted
2 pursuant to this chapter, or a final order of the division.
3 The term "willfully and knowingly" means that the division
4 informed the officer or board member that his or her action or
5 intended action violates this chapter, a rule adopted under
6 this chapter, or a final order of the division, and that the
7 officer or board member refused to comply with the
8 requirements of this chapter, a rule adopted under this
9 chapter, or a final order of the division. The division, prior
10 to initiating formal agency action under chapter 120, shall
11 afford the officer or board member an opportunity to
12 voluntarily comply with this chapter, a rule adopted under
13 this chapter, or a final order of the division. An officer or
14 board member who complies within 10 days is not subject to a
15 civil penalty. A penalty may be imposed on the basis of each
16 day of continuing violation, but in no event shall the penalty
17 for any offense exceed $5,000. By January 1, 1998, the
18 division shall adopt, by rule, penalty guidelines applicable
19 to possible violations or to categories of violations of this
20 chapter or rules adopted by the division. The guidelines must
21 specify a meaningful range of civil penalties for each such
22 violation of the statute and rules and must be based upon the
23 harm caused by the violation, the repetition of the violation,
24 and upon such other factors deemed relevant by the division.
25 For example, the division may consider whether the violations
26 were committed by a developer or owner-controlled association,
27 the size of the association, and other factors. The guidelines
28 must designate the possible mitigating or aggravating
29 circumstances that justify a departure from the range of
30 penalties provided by the rules. It is the legislative intent
31 that minor violations be distinguished from those which
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Amendment No. ___ Barcode 690828
1 endanger the health, safety, or welfare of the cooperative
2 residents or other persons and that such guidelines provide
3 reasonable and meaningful notice to the public of likely
4 penalties that may be imposed for proscribed conduct. This
5 subsection does not limit the ability of the division to
6 informally dispose of administrative actions or complaints by
7 stipulation, agreed settlement, or consent order. All amounts
8 collected shall be deposited with the Treasurer to the credit
9 of the Division of Florida Land Sales, Condominiums,
10 Timeshare, and Mobile Homes Trust Fund. If a developer fails
11 to pay the civil penalty, the division shall thereupon issue
12 an order directing that such developer cease and desist from
13 further operation until such time as the civil penalty is paid
14 or may pursue enforcement of the penalty in a court of
15 competent jurisdiction. If an association fails to pay the
16 civil penalty, the division shall thereupon pursue enforcement
17 in a court of competent jurisdiction, and the order imposing
18 the civil penalty or the cease and desist order shall not
19 become effective until 20 days after the date of such order.
20 Any action commenced by the division shall be brought in the
21 county in which the division has its executive offices or in
22 the county where the violation occurred.
23 (e) The division is authorized to prepare and
24 disseminate a prospectus and other information to assist
25 prospective owners, purchasers, lessees, and developers of
26 residential cooperatives in assessing the rights, privileges,
27 and duties pertaining thereto.
28 (f) The division has authority to adopt rules pursuant
29 to ss. 120.536(1) and 120.54 to implement and enforce the
30 provisions of this chapter.
31 (g) The division shall establish procedures for
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Amendment No. ___ Barcode 690828
1 providing notice to an association when the division is
2 considering the issuance of a declaratory statement with
3 respect to the cooperative documents governing such
4 cooperative community.
5 (h) The division shall furnish each association which
6 pays the fees required by paragraph (2)(a) a copy of this act,
7 subsequent changes to this act on an annual basis, an amended
8 version of this act as it becomes available from the Secretary
9 of State's office on a biennial basis, and the rules
10 promulgated pursuant thereto on an annual basis.
11 (i) The division shall annually provide each
12 association with a summary of declaratory statements and
13 formal legal opinions relating to the operations of
14 cooperatives which were rendered by the division during the
15 previous year.
16 (j) The division shall adopt uniform accounting
17 principles, policies, and standards to be used by all
18 associations in the preparation and presentation of all
19 financial statements required by this chapter. The principles,
20 policies, and standards shall take into consideration the size
21 of the association and the total revenue collected by the
22 association.
23 (k) The division shall provide training programs for
24 cooperative association board members and unit owners.
25 (l) The division shall maintain a toll-free telephone
26 number accessible to cooperative unit owners.
27 (m) When a complaint is made to the division, the
28 division shall conduct its inquiry with reasonable dispatch
29 and with due regard to the interests of the affected parties.
30 Within 30 days after receipt of a complaint, the division
31 shall acknowledge the complaint in writing and notify the
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1 complainant whether the complaint is within the jurisdiction
2 of the division and whether additional information is needed
3 by the division from the complainant. The division shall
4 conduct its investigation and shall, within 90 days after
5 receipt of the original complaint or timely requested
6 additional information, take action upon the complaint.
7 However, the failure to complete the investigation within 90
8 days does not prevent the division from continuing the
9 investigation, accepting or considering evidence obtained or
10 received after 90 days, or taking administrative action if
11 reasonable cause exists to believe that a violation of this
12 chapter or a rule of the division has occurred. If an
13 investigation is not completed within the time limits
14 established in this paragraph, the division shall, on a
15 monthly basis, notify the complainant in writing of the status
16 of the investigation. When reporting its action to the
17 complainant, the division shall inform the complainant of any
18 right to a hearing pursuant to ss. 120.569 and 120.57.
19 (n) The division shall develop a program to certify
20 both volunteer and paid mediators to provide mediation of
21 cooperative 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 voluntary mediators only persons who
26 have received at least 20 hours of training in mediation
27 techniques or have mediated at least 20 disputes. In order to
28 become initially certified by the division, paid mediators
29 must be certified by the Supreme Court to mediate court cases
30 in either county or circuit courts. However, the division may
31 adopt, by rule, additional factors for the certification of
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Amendment No. ___ Barcode 690828
1 paid mediators, which factors must be related to experience,
2 education, or background. Any person initially certified as a
3 paid mediator by the division must, in order to continue to be
4 certified, comply with the factors or requirements imposed by
5 rules adopted by the division.
6 (2)(a) Each cooperative association shall pay to the
7 division, on or before January 1 of each year, an annual fee
8 in the amount of $4 for each residential unit in cooperatives
9 operated by the association. If the fee is not paid by March
10 1, then the association shall be assessed a penalty of 10
11 percent of the amount due, and the association shall not have
12 the standing to maintain or defend any action in the courts of
13 this state until the amount due is paid.
14 (b) All fees shall be deposited in the Division of
15 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes
16 Trust Fund as provided by law.
17 Section 83. Paragraph (a) of subsection (2) of section
18 719.502, Florida Statutes, is amended to read:
19 719.502 Filing prior to sale or lease.--
20 (2)(a) Prior to filing as required by subsection (1),
21 and prior to acquiring an ownership, leasehold, or contractual
22 interest in the land upon which the cooperative is to be
23 developed, a developer shall not offer a contract for purchase
24 or lease of a unit for more than 5 years. However, the
25 developer may accept deposits for reservations upon the
26 approval of a fully executed escrow agreement and reservation
27 agreement form properly filed with the division of Florida
28 Land Sales, Condominiums, and Mobile Homes. Each filing of a
29 proposed reservation program shall be accompanied by a filing
30 fee of $250. Reservations shall not be taken on a proposed
31 cooperative unless the developer has an ownership, leasehold,
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1 or contractual interest in the land upon which the cooperative
2 is to be developed. The division shall notify the developer
3 within 20 days of receipt of the reservation filing of any
4 deficiencies contained therein. Such notification shall not
5 preclude the determination of reservation filing deficiencies
6 at a later date, nor shall it relieve the developer of any
7 responsibility under the law. The escrow agreement and the
8 reservation agreement form shall include a statement of the
9 right of the prospective purchaser to an immediate unqualified
10 refund of the reservation deposit moneys upon written request
11 to the escrow agent by the prospective purchaser or the
12 developer.
13 Section 84. Section 719.504, Florida Statutes, is
14 amended to read:
15 719.504 Prospectus or offering circular.--Every
16 developer of a residential cooperative which contains more
17 than 20 residential units, or which is part of a group of
18 residential cooperatives which will be served by property to
19 be used in common by unit owners of more than 20 residential
20 units, shall prepare a prospectus or offering circular and
21 file it with the division of Florida Land Sales, Condominiums,
22 and Mobile Homes prior to entering into an enforceable
23 contract of purchase and sale of any unit or lease of a unit
24 for more than 5 years and shall furnish a copy of the
25 prospectus or offering circular to each buyer. In addition to
26 the prospectus or offering circular, each buyer shall be
27 furnished a separate page entitled "Frequently Asked Questions
28 and Answers," which must be in accordance with a format
29 approved by the division. This page must, in readable
30 language: inform prospective purchasers regarding their
31 voting rights and unit use restrictions, including
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1 restrictions on the leasing of a unit; indicate whether and in
2 what amount the unit owners or the association is obligated to
3 pay rent or land use fees for recreational or other commonly
4 used facilities; contain a statement identifying that amount
5 of assessment which, pursuant to the budget, would be levied
6 upon each unit type, exclusive of any special assessments, and
7 which identifies the basis upon which assessments are levied,
8 whether monthly, quarterly, or otherwise; state and identify
9 any court cases in which the association is currently a party
10 of record in which the association may face liability in
11 excess of $100,000; and state whether membership in a
12 recreational facilities association is mandatory and, if so,
13 identify the fees currently charged per unit type. The
14 division shall by rule require such other disclosure as in its
15 judgment will assist prospective purchasers. The prospectus or
16 offering circular may include more than one cooperative,
17 although not all such units are being offered for sale as of
18 the date of the prospectus or offering circular. The
19 prospectus or offering circular must contain the following
20 information:
21 (1) The front cover or the first page must contain
22 only:
23 (a) The name of the cooperative.
24 (b) The following statements in conspicuous type:
25 1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS
26 IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE
27 UNIT.
28 2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
29 NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL
30 REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND
31 SALES MATERIALS.
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1 3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
2 CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER
3 TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR
4 CORRECT REPRESENTATIONS.
5 (2) Summary: The next page must contain all
6 statements required to be in conspicuous type in the
7 prospectus or offering circular.
8 (3) A separate index of the contents and exhibits of
9 the prospectus.
10 (4) Beginning on the first page of the text (not
11 including the summary and index), a description of the
12 cooperative, including, but not limited to, the following
13 information:
14 (a) Its name and location.
15 (b) A description of the cooperative property,
16 including, without limitation:
17 1. The number of buildings, the number of units in
18 each building, the number of bathrooms and bedrooms in each
19 unit, and the total number of units, if the cooperative is not
20 a phase cooperative; or, if the cooperative is a phase
21 cooperative, the maximum number of buildings that may be
22 contained within the cooperative, the minimum and maximum
23 number of units in each building, the minimum and maximum
24 number of bathrooms and bedrooms that may be contained in each
25 unit, and the maximum number of units that may be contained
26 within the cooperative.
27 2. The page in the cooperative documents where a copy
28 of the survey and plot plan of the cooperative is located.
29 3. The estimated latest date of completion of
30 constructing, finishing, and equipping. In lieu of a date, a
31 statement that the estimated date of completion of the
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Amendment No. ___ Barcode 690828
1 cooperative is in the purchase agreement and a reference to
2 the article or paragraph containing that information.
3 (c) The maximum number of units that will use
4 facilities in common with the cooperative. If the maximum
5 number of units will vary, a description of the basis for
6 variation and the minimum amount of dollars per unit to be
7 spent for additional recreational facilities or enlargement of
8 such facilities. If the addition or enlargement of facilities
9 will result in a material increase of a unit owner's
10 maintenance expense or rental expense, if any, the maximum
11 increase and limitations thereon shall be stated.
12 (5)(a) A statement in conspicuous type describing
13 whether the cooperative is created and being sold as fee
14 simple interests or as leasehold interests. If the
15 cooperative is created or being sold on a leasehold, the
16 location of the lease in the disclosure materials shall be
17 stated.
18 (b) If timeshare estates are or may be created with
19 respect to any unit in the cooperative, a statement in
20 conspicuous type stating that timeshare estates are created
21 and being sold in such specified units in the cooperative.
22 (6) A description of the recreational and other common
23 areas that will be used only by unit owners of the
24 cooperative, including, but not limited to, the following:
25 (a) Each room and its intended purposes, location,
26 approximate floor area, and capacity in numbers of people.
27 (b) Each swimming pool, as to its general location,
28 approximate size and depths, approximate deck size and
29 capacity, and whether heated.
30 (c) Additional facilities, as to the number of each
31 facility, its approximate location, approximate size, and
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Amendment No. ___ Barcode 690828
1 approximate capacity.
2 (d) A general description of the items of personal
3 property and the approximate number of each item of personal
4 property that the developer is committing to furnish for each
5 room or other facility or, in the alternative, a
6 representation as to the minimum amount of expenditure that
7 will be made to purchase the personal property for the
8 facility.
9 (e) The estimated date when each room or other
10 facility will be available for use by the unit owners.
11 (f)1. An identification of each room or other facility
12 to be used by unit owners that will not be owned by the unit
13 owners or the association;
14 2. A reference to the location in the disclosure
15 materials of the lease or other agreements providing for the
16 use of those facilities; and
17 3. A description of the terms of the lease or other
18 agreements, including the length of the term; the rent
19 payable, directly or indirectly, by each unit owner, and the
20 total rent payable to the lessor, stated in monthly and annual
21 amounts for the entire term of the lease; and a description of
22 any option to purchase the property leased under any such
23 lease, including the time the option may be exercised, the
24 purchase price or how it is to be determined, the manner of
25 payment, and whether the option may be exercised for a unit
26 owner's share or only as to the entire leased property.
27 (g) A statement as to whether the developer may
28 provide additional facilities not described above, their
29 general locations and types, improvements or changes that may
30 be made, the approximate dollar amount to be expended, and the
31 maximum additional common expense or cost to the individual
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Amendment No. ___ Barcode 690828
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 cooperatives, 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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Amendment No. ___ Barcode 690828
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 common
13 areas offered by the developer and available to, or to be used
14 by, 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 COOPERATIVE; or, THERE IS A CLUB
18 MEMBERSHIP ASSOCIATED WITH THIS COOPERATIVE. 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 3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
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Amendment No. ___ Barcode 690828
1 COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2 REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
3 LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
4 4. A similar statement of the nature of the
5 organization or manner in which the use rights are created,
6 and that unit owners are required to pay.
7
8 Immediately following the applicable statement, the location
9 in the disclosure materials where the development is described
10 in detail shall be stated.
11 (c) If the developer, or any other person other than
12 the unit owners and other persons having use rights in the
13 facilities, reserves, or is entitled to receive, any rent,
14 fee, or other payment for the use of the facilities, then
15 there shall be the following statement in conspicuous type:
16 THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND
17 USE FEES FOR RECREATIONAL OR OTHER COMMON AREAS. Immediately
18 following this statement, the location in the disclosure
19 materials where the rent or land use fees are described in
20 detail shall be stated.
21 (d) If, in any recreation format, whether leasehold,
22 club, or other, any person other than the association has the
23 right to a lien on the units to secure the payment of
24 assessments, rent, or other exactions, there shall appear a
25 statement in conspicuous type in substantially the following
26 form:
27 1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
28 SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
29 RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
30 PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
31 2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
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Amendment No. ___ Barcode 690828
1 SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING
2 DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE
3 RECREATIONAL OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE
4 TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
5
6 Immediately following the applicable statement, the location
7 in the disclosure materials where the lien or lien right is
8 described in detail shall be stated.
9 (9) If the developer or any other person has the right
10 to increase or add to the recreational facilities at any time
11 after the establishment of the cooperative whose unit owners
12 have use rights therein, without the consent of the unit
13 owners or associations being required, there shall appear a
14 statement in conspicuous type in substantially the following
15 form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT
16 CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately
17 following this statement, the location in the disclosure
18 materials where such reserved rights are described shall be
19 stated.
20 (10) A statement of whether the developer's plan
21 includes a program of leasing units rather than selling them,
22 or leasing units and selling them subject to such leases. If
23 so, there shall be a description of the plan, including the
24 number and identification of the units and the provisions and
25 term of the proposed leases, and a statement in boldfaced type
26 that: THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
27 (11) The arrangements for management of the
28 association and maintenance and operation of the cooperative
29 property and of other property that will serve the unit owners
30 of the cooperative property, and a description of the
31 management contract and all other contracts for these purposes
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Amendment No. ___ Barcode 690828
1 having a term in excess of 1 year, including the following:
2 (a) The names of contracting parties.
3 (b) The term of the contract.
4 (c) The nature of the services included.
5 (d) The compensation, stated on a monthly and annual
6 basis, and provisions for increases in the compensation.
7 (e) A reference to the volumes and pages of the
8 cooperative documents and of the exhibits containing copies of
9 such contracts.
10
11 Copies of all described contracts shall be attached as
12 exhibits. If there is a contract for the management of the
13 cooperative property, then a statement in conspicuous type in
14 substantially the following form shall appear, identifying the
15 proposed or existing contract manager: THERE IS (IS TO BE) A
16 CONTRACT FOR THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH
17 (NAME OF THE CONTRACT MANAGER). Immediately following this
18 statement, the location in the disclosure materials of the
19 contract for management of the cooperative property shall be
20 stated.
21 (12) If the developer or any other person or persons
22 other than the unit owners has the right to retain control of
23 the board of administration of the association for a period of
24 time which can exceed 1 year after the closing of the sale of
25 a majority of the units in that cooperative to persons other
26 than successors or alternate developers, then a statement in
27 conspicuous type in substantially the following form shall be
28 included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
29 RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE
30 UNITS HAVE BEEN SOLD. Immediately following this statement,
31 the location in the disclosure materials where this right to
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Amendment No. ___ Barcode 690828
1 control is described in detail shall be stated.
2 (13) If there are any restrictions upon the sale,
3 transfer, conveyance, or leasing of a unit, then a statement
4 in conspicuous type in substantially the following form shall
5 be included: THE SALE, LEASE, OR TRANSFER OF UNITS IS
6 RESTRICTED OR CONTROLLED. Immediately following this
7 statement, the location in the disclosure materials where the
8 restriction, limitation, or control on the sale, lease, or
9 transfer of units is described in detail shall be stated.
10 (14) If the cooperative is part of a phase project,
11 the following shall be stated:
12 (a) A statement in conspicuous type in substantially
13 the following form shall be included: THIS IS A PHASE
14 COOPERATIVE. ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS
15 COOPERATIVE. Immediately following this statement, the
16 location in the disclosure materials where the phasing is
17 described shall be stated.
18 (b) A summary of the provisions of the declaration
19 providing for the phasing.
20 (c) A statement as to whether or not residential
21 buildings and units which are added to the cooperative may be
22 substantially different from the residential buildings and
23 units originally in the cooperative, and, if the added
24 residential buildings and units may be substantially
25 different, there shall be a general description of the extent
26 to which such added residential buildings and units may
27 differ, and a statement in conspicuous type in substantially
28 the following form shall be included: BUILDINGS AND UNITS
29 WHICH ARE ADDED TO THE COOPERATIVE MAY BE SUBSTANTIALLY
30 DIFFERENT FROM THE OTHER BUILDINGS AND UNITS IN THE
31 COOPERATIVE. Immediately following this statement, the
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Amendment No. ___ Barcode 690828
1 location in the disclosure materials where the extent to which
2 added residential buildings and units may substantially differ
3 is described shall be stated.
4 (d) A statement of the maximum number of buildings
5 containing units, the maximum and minimum number 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 cooperative.
10 (15) If the cooperative is created by conversion of
11 existing improvements, the following information shall be
12 stated:
13 (a) The information required by s. 719.616.
14 (b) A caveat that there are no express warranties
15 unless they are stated in writing by the developer.
16 (16) A summary of the restrictions, if any, to be
17 imposed on units concerning the use of any of the cooperative
18 property, including statements as to whether there are
19 restrictions upon children and pets, and reference to the
20 volumes and pages of the cooperative documents where such
21 restrictions are found, or if such restrictions are contained
22 elsewhere, then a copy of the documents containing the
23 restrictions shall be attached as an exhibit.
24 (17) If there is any land that is offered by the
25 developer for use by the unit owners and that is neither owned
26 by them nor leased to them, the association, or any entity
27 controlled by unit owners and other persons having the use
28 rights to such land, a statement shall be made as to how such
29 land will serve the cooperative. If any part of such land
30 will serve the cooperative, the statement shall describe the
31 land and the nature and term of service, and the cooperative
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1 documents or other instrument creating such servitude shall be
2 included as an exhibit.
3 (18) The manner in which utility and other services,
4 including, but not limited to, sewage and waste disposal,
5 water supply, and storm drainage, will be provided and the
6 person or entity furnishing them.
7 (19) An explanation of the manner in which the
8 apportionment of common expenses and ownership of the common
9 areas have been determined.
10 (20) An estimated operating budget for the cooperative
11 and the association, and a schedule of the unit owner's
12 expenses shall be attached as an exhibit and shall contain the
13 following information:
14 (a) The estimated monthly and annual expenses of the
15 cooperative and the association that are collected from unit
16 owners by assessments.
17 (b) The estimated monthly and annual expenses of each
18 unit owner for a unit, other than assessments payable to the
19 association, payable by the unit owner to persons or entities
20 other than the association, and the total estimated monthly
21 and annual expense. There may be excluded from this estimate
22 expenses that are personal to unit owners, which are not
23 uniformly incurred by all unit owners, or which are not
24 provided for or contemplated by the cooperative documents,
25 including, but not limited to, the costs of private telephone;
26 maintenance of the interior of cooperative 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 cooperative; and similar personal
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Amendment No. ___ Barcode 690828
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 cooperative
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 cooperative:
11 a. Administration of the association.
12 b. Management fees.
13 c. Maintenance.
14 d. Rent for recreational and other commonly used
15 areas.
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. Fee 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 areas, which use and payment are a
29 mandatory condition of ownership and are 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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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 (21) 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 (22) The identity of the developer and the chief
11 operating officer or principal directing the creation and sale
12 of the cooperative and a statement of its and his or her
13 experience in this field.
14 (23) Copies of the following, to the extent they are
15 applicable, shall be included as exhibits:
16 (a) The cooperative documents, or the proposed
17 cooperative documents if the documents have 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 cooperative.
23 (e) The management agreement and all maintenance and
24 other contracts for management of the association and
25 operation of the cooperative 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 cooperative
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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1 (h) The lease of recreational and other facilities
2 that will be used only by unit owners of the subject
3 cooperative.
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 cooperative 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 cooperative ownership.
13 (m) The statement of inspection for termite damage and
14 treatment of the existing improvements, if the cooperative 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 (24) Any prospectus or offering circular complying
23 with the provisions of former ss. 711.69 and 711.802 may
24 continue to be used without amendment, or may be amended to
25 comply with the provisions of this chapter.
26 (25) A brief narrative description of the location and
27 effect of all existing and intended easements located or to be
28 located on the cooperative property other than those in the
29 declaration.
30 (26) If the developer is required by state or local
31 authorities to obtain acceptance or approval of any dock or
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Amendment No. ___ Barcode 690828
1 marina facility intended to serve the cooperative, a copy of
2 such acceptance or approval acquired by the time of filing
3 with the division pursuant to s. 719.502 or a statement that
4 such acceptance has not been acquired or received.
5 (27) Evidence demonstrating that the developer has an
6 ownership, leasehold, or contractual interest in the land upon
7 which the cooperative is to be developed.
8 Section 85. Section 719.508, Florida Statutes, is
9 amended to read:
10 719.508 Regulation by Division of Hotels and
11 Restaurants.--In addition to the authority, regulation, or
12 control exercised by the Division of Florida Land Sales,
13 Condominiums, Timeshare, and Mobile Homes pursuant to this act
14 with respect to cooperatives, buildings included in a
15 cooperative property shall be subject to the authority,
16 regulation, or control of the Division of Hotels and
17 Restaurants of the Department of Business and Professional
18 Regulation, to the extent provided for in chapters 399 and
19 509.
20 Section 86. Paragraph (a) of subsection (2) of section
21 719.608, Florida Statutes, is amended to read:
22 719.608 Notice of intended conversion; time of
23 delivery; content.--
24 (2)(a) Each notice of intended conversion shall be
25 dated and in writing. The notice shall contain the following
26 statement, with the phrases of the following statement which
27 appear in upper case printed in conspicuous type:
28
29 These apartments are being converted to cooperative by
30 ...(name of developer)..., the developer.
31 1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION
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Amendment No. ___ Barcode 690828
1 OF YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2 AGREEMENT AS FOLLOWS:
3 a. If you have continuously been a resident of these
4 apartments during the last 180 days and your rental agreement
5 expires during the next 270 days, you may extend your rental
6 agreement for up to 270 days after the date of this notice.
7 b. If you have not been a continuous resident of these
8 apartments for the last 180 days and your rental agreement
9 expires during the next 180 days, you may extend your rental
10 agreement for up to 180 days after the date of this notice.
11 c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT,
12 YOU MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS
13 AFTER THE DATE OF THIS NOTICE.
14 2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45
15 DAYS, you may extend your rental agreement for up to 45 days
16 after the date of this notice while you decide whether to
17 extend your rental agreement as explained above. To do so, you
18 must notify the developer in writing. You will then have the
19 full 45 days to decide whether to extend your rental agreement
20 as explained above.
21 3. During the extension of your rental agreement you
22 will be charged the same rent that you are now paying.
23 4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY
24 EXTENSION OF THE RENTAL AGREEMENT AS FOLLOWS:
25 a. If your rental agreement began or was extended or
26 renewed after May 1, 1980, and your rental agreement,
27 including extensions and renewals, has an unexpired term of
28 180 days or less, you may cancel your rental agreement upon 30
29 days' written notice and move. Also, upon 30 days' written
30 notice, you may cancel any extension of the rental agreement.
31 b. If your rental agreement was not begun or was not
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Amendment No. ___ Barcode 690828
1 extended or renewed after May 1, 1980, you may not cancel the
2 rental agreement without the consent of the developer. If
3 your rental agreement, including extensions and renewals, has
4 an unexpired term of 180 days or less, you may, however, upon
5 30 days' written notice cancel any extension of the rental
6 agreement.
7 5. All notices must be given in writing and sent by
8 mail, return receipt requested, or delivered in person to the
9 developer at this address: ...(name and address of
10 developer)....
11 6. If you have continuously been a resident of these
12 apartments during the last 180 days:
13 a. You have the right to purchase your apartment and
14 will have 45 days to decide whether to purchase. If you do
15 not buy the unit at that price and the unit is later offered
16 at a lower price, you will have the opportunity to buy the
17 unit at the lower price. However, in all events your right to
18 purchase the unit ends when the rental agreement or any
19 extension of the rental agreement ends or when you waive this
20 right in writing.
21 b. Within 90 days you will be provided purchase
22 information relating to your apartment, including the price of
23 your unit and the condition of the building. If you do not
24 receive this information within 90 days, your rental agreement
25 and any extension will be extended 1 day for each day over 90
26 days until you are given the purchase information. If you do
27 not want this rental agreement extension, you must notify the
28 developer in writing.
29 7. If you have any questions regarding this conversion
30 or the Cooperative Act, you may contact the developer or the
31 state agency which regulates cooperatives: The Division of
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Amendment No. ___ Barcode 690828
1 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes,
2 ...(Tallahassee address and telephone number of division)....
3 Section 87. Subsection (10) of section 721.05, Florida
4 Statutes, is amended to read:
5 721.05 Definitions.--As used in this chapter, the
6 term:
7 (10) "Division" means the Division of Florida Land
8 Sales, Condominiums, Timeshare, and Mobile Homes of the
9 Department of Business and Professional Regulation.
10 Section 88. Paragraph (d) of subsection (2) of section
11 721.07, Florida Statutes, is amended to read:
12 721.07 Public offering statement.--Prior to offering
13 any timeshare plan, the developer must submit a registered
14 public offering statement to the division for approval as
15 prescribed by s. 721.03, s. 721.55, or this section. Until
16 the division approves such filing, any contract regarding the
17 sale of that timeshare plan is voidable by the purchaser.
18 (2)
19 (d) A developer shall have the authority to deliver to
20 purchasers any purchaser public offering statement that is not
21 yet approved by the division, provided that the following
22 shall apply:
23 1. At the time the developer delivers an unapproved
24 purchaser public offering statement to a purchaser pursuant to
25 this paragraph, the developer shall deliver a fully completed
26 and executed copy of the purchase contract required by s.
27 721.06 that contains the following statement in conspicuous
28 type in substantially the following form which shall replace
29 the statements required by s. 721.06(1)(g):
30
31 The developer is delivering to you a public offering statement
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Amendment No. ___ Barcode 690828
1 that has been filed with but not yet approved by the Division
2 of Florida Land Sales, Condominiums, Timeshare, and Mobile
3 Homes. Any revisions to the unapproved public offering
4 statement you have received must be delivered to you, but only
5 if the revisions materially alter or modify the offering in a
6 manner adverse to you. After the division approves the public
7 offering statement, you will receive notice of the approval
8 from the developer and the required revisions, if any.
9
10 Your statutory right to cancel this transaction without any
11 penalty or obligation expires 10 calendar days after the date
12 you signed your purchase contract or 10 calendar days after
13 you receive revisions required to be delivered to you, if any,
14 whichever is later.
15
16 2. After receipt of approval from the division and
17 prior to closing, if any revisions made to the documents
18 contained in the purchaser public offering statement
19 materially alter or modify the offering in a manner adverse to
20 a purchaser, the developer shall send the purchaser such
21 revisions together with a notice containing a statement in
22 conspicuous type in substantially the following form:
23
24 The unapproved public offering statement previously delivered
25 to you, together with the enclosed revisions, has been
26 approved by the Division of Florida Land Sales, Condominiums,
27 Timeshare, and Mobile Homes. Accordingly, your cancellation
28 right expires 10 calendar days after you sign your purchase
29 contract or 10 calendar days after you receive these
30 revisions, whichever is later. If you have any questions
31 regarding your cancellation rights, you may contact the
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Amendment No. ___ Barcode 690828
1 division at [insert division's current address].
2
3 3. After receipt of approval from the division and
4 prior to closing, if no revisions have been made to the
5 documents contained in the unapproved purchaser public
6 offering statement, or if such revisions do not materially
7 alter or modify the offering in a manner adverse to a
8 purchaser, the developer shall send the purchaser a notice
9 containing a statement in conspicuous type in substantially
10 the following form:
11
12 The unapproved public offering statement previously delivered
13 to you has been approved by the Division of Florida Land
14 Sales, Condominiums, Timeshare, and Mobile Homes. Revisions
15 made to the unapproved public offering statement, if any, are
16 either not required to be delivered to you or are not deemed
17 by the developer, in its opinion, to materially alter or
18 modify the offering in a manner that is adverse to you.
19 Accordingly, your cancellation right expired 10 days after you
20 signed your purchase contract. A complete copy of the approved
21 public offering statement is available through the managing
22 entity for inspection as part of the books and records of the
23 plan. If you have any questions regarding your cancellation
24 rights, you may contact the division at [insert division's
25 current address].
26 Section 89. Subsection (8) of section 721.08, Florida
27 Statutes, is amended to read:
28 721.08 Escrow accounts; nondisturbance instruments;
29 alternate security arrangements; transfer of legal title.--
30 (8) An escrow agent holding escrowed funds pursuant to
31 this chapter that have not been claimed for a period of 5
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Amendment No. ___ Barcode 690828
1 years after the date of deposit shall make at least one
2 reasonable attempt to deliver such unclaimed funds to the
3 purchaser who submitted such funds to escrow. In making such
4 attempt, an escrow agent is entitled to rely on a purchaser's
5 last known address as set forth in the books and records of
6 the escrow agent and is not required to conduct any further
7 search for the purchaser. If an escrow agent's attempt to
8 deliver unclaimed funds to any purchaser is unsuccessful, the
9 escrow agent may deliver such unclaimed funds to the division
10 and the division shall deposit such unclaimed funds in the
11 Division of Florida Land Sales, Condominiums, Timeshare, and
12 Mobile Homes Trust Fund, 30 days after giving notice in a
13 publication of general circulation in the county in which the
14 timeshare property containing the purchaser's timeshare
15 interest is located. The purchaser may claim the same at any
16 time prior to the delivery of such funds to the division.
17 After delivery of such funds to the division, the purchaser
18 shall have no more rights to the unclaimed funds. The escrow
19 agent shall not be liable for any claims from any party
20 arising out of the escrow agent's delivery of the unclaimed
21 funds to the division pursuant to this section.
22 Section 90. Section 721.26, Florida Statutes, is
23 amended to read:
24 721.26 Regulation by division.--The division has the
25 power to enforce and ensure compliance with the provisions of
26 this chapter, except for parts III and IV, using the powers
27 provided in this chapter, as well as the powers prescribed in
28 chapters 498, 718, and 719. In performing its duties, the
29 division shall have the following powers and duties:
30 (1) To aid in the enforcement of this chapter, or any
31 division rule or order promulgated or issued pursuant to this
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Amendment No. ___ Barcode 690828
1 chapter, the division may make necessary public or private
2 investigations within or outside this state to determine
3 whether any person has violated or is about to violate this
4 chapter, or any division rule or order promulgated or issued
5 pursuant to this chapter.
6 (2) The division may require or permit any person to
7 file a written statement under oath or otherwise, as the
8 division determines, as to the facts and circumstances
9 concerning a matter under investigation.
10 (3) For the purpose of any investigation under this
11 chapter, the director of the division or any officer or
12 employee designated by the director may administer oaths or
13 affirmations, subpoena witnesses and compel their attendance,
14 take evidence, and require the production of any matter which
15 is relevant to the investigation, including the identity,
16 existence, description, nature, custody, condition, and
17 location of any books, documents, or other tangible things and
18 the identity and location of persons having knowledge of
19 relevant facts or any other matter reasonably calculated to
20 lead to the discovery of material evidence. Failure to obey a
21 subpoena or to answer questions propounded by the
22 investigating officer and upon reasonable notice to all
23 persons affected thereby shall be a violation of this chapter.
24 In addition to the other enforcement powers authorized in this
25 subsection, the division may, at its discretion, apply to the
26 circuit court for an order compelling compliance.
27 (4) The division may prepare and disseminate a
28 prospectus and other information to assist prospective
29 purchasers, sellers, and managing entities of timeshare plans
30 in assessing the rights, privileges, and duties pertaining
31 thereto.
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Amendment No. ___ Barcode 690828
1 (5) Notwithstanding any remedies available to
2 purchasers, if the division has reasonable cause to believe
3 that a violation of this chapter, or of any division rule or
4 order promulgated or issued pursuant to this chapter, has
5 occurred, the division may institute enforcement proceedings
6 in its own name against any regulated party, as such term is
7 defined in this subsection:
8 (a)1. "Regulated party," for purposes of this section,
9 means any developer, exchange company, seller, managing
10 entity, association, association director, association
11 officer, manager, management firm, escrow agent, trustee, any
12 respective assignees or agents, or any other person having
13 duties or obligations pursuant to this chapter.
14 2. Any person who materially participates in any offer
15 or disposition of any interest in, or the management or
16 operation of, a timeshare plan in violation of this chapter or
17 relevant rules involving fraud, deception, false pretenses,
18 misrepresentation, or false advertising or the disbursement,
19 concealment, or diversion of any funds or assets, which
20 conduct adversely affects the interests of a purchaser, and
21 which person directly or indirectly controls a regulated party
22 or is a general partner, officer, director, agent, or employee
23 of such regulated party, shall be jointly and severally liable
24 under this subsection with such regulated party, unless such
25 person did not know, and in the exercise of reasonable care
26 could not have known, of the existence of the facts giving
27 rise to the violation of this chapter. A right of
28 contribution shall exist among jointly and severally liable
29 persons pursuant to this paragraph.
30 (b) The division may permit any person whose conduct
31 or actions may be under investigation to waive formal
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Amendment No. ___ Barcode 690828
1 proceedings and enter into a consent proceeding whereby an
2 order, rule, or letter of censure or warning, whether formal
3 or informal, may be entered against that person.
4 (c) The division may issue an order requiring a
5 regulated party to cease and desist from an unlawful practice
6 under this chapter and take such affirmative action as in the
7 judgment of the division will carry out the purposes of this
8 chapter.
9 (d)1. The division may bring an action in circuit
10 court for declaratory or injunctive relief or for other
11 appropriate relief, including restitution.
12 2. The division shall have broad authority and
13 discretion to petition the circuit court to appoint a receiver
14 with respect to any managing entity which fails to perform its
15 duties and obligations under this chapter with respect to the
16 operation of a timeshare plan. The circumstances giving rise
17 to an appropriate petition for receivership under this
18 subparagraph include, but are not limited to:
19 a. Damage to or destruction of any of the
20 accommodations or facilities of a timeshare plan, where the
21 managing entity has failed to repair or reconstruct same.
22 b. A breach of fiduciary duty by the managing entity,
23 including, but not limited to, undisclosed self-dealing or
24 failure to timely assess, collect, or disburse the common
25 expenses of the timeshare plan.
26 c. Failure of the managing entity to operate the
27 timeshare plan in accordance with the timeshare instrument and
28 this chapter.
29
30 If, under the circumstances, it appears that the events giving
31 rise to the petition for receivership cannot be reasonably and
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Amendment No. ___ Barcode 690828
1 timely corrected in a cost-effective manner consistent with
2 the timeshare instrument, the receiver may petition the
3 circuit court to implement such amendments or revisions to the
4 timeshare instrument as may be necessary to enable the
5 managing entity to resume effective operation of the timeshare
6 plan, or to enter an order terminating the timeshare plan, or
7 to enter such further orders regarding the disposition of the
8 timeshare property as the court deems appropriate, including
9 the disposition and sale of the timeshare property held by the
10 association or the purchasers. In the event of a receiver's
11 sale, all rights, title, and interest held by the association
12 or any purchaser shall be extinguished and title shall vest in
13 the buyer. This provision applies to timeshare estates and
14 timeshare licenses. All reasonable costs and fees of the
15 receiver relating to the receivership shall become common
16 expenses of the timeshare plan upon order of the court.
17 3. The division may revoke its approval of any filing
18 for any timeshare plan for which a petition for receivership
19 has been filed pursuant to this paragraph.
20 (e)1. The division may impose a penalty against any
21 regulated party for a violation of this chapter or any rule
22 adopted thereunder. A penalty may be imposed on the basis of
23 each day of continuing violation, but in no event may the
24 penalty for any offense exceed $10,000. All accounts
25 collected shall be deposited with the Treasurer to the credit
26 of the Division of Florida Land Sales, Condominiums,
27 Timeshare, and Mobile Homes Trust Fund.
28 2.a. If a regulated party fails to pay a penalty, the
29 division shall thereupon issue an order directing that such
30 regulated party cease and desist from further operation until
31 such time as the penalty is paid; or the division may pursue
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Amendment No. ___ Barcode 690828
1 enforcement of the penalty in a court of competent
2 jurisdiction.
3 b. If an association or managing entity fails to pay a
4 civil penalty, the division may pursue enforcement in a court
5 of competent jurisdiction.
6 (f) In order to permit the regulated party an
7 opportunity either to appeal such decision administratively or
8 to seek relief in a court of competent jurisdiction, the order
9 imposing the penalty or the cease and desist order shall not
10 become effective until 20 days after the date of such order.
11 (g) Any action commenced by the division shall be
12 brought in the county in which the division has its executive
13 offices or in the county where the violation occurred.
14 (h) Notice to any regulated party shall be complete
15 when delivered by United States mail, return receipt
16 requested, to the party's address currently on file with the
17 division or to such other address at which the division is
18 able to locate the party. Every regulated party has an
19 affirmative duty to notify the division of any change of
20 address at least 5 business days prior to such change.
21 (6) The division has authority to adopt rules pursuant
22 to ss. 120.536(1) and 120.54 to implement and enforce the
23 provisions of this chapter.
24 (7)(a) The use of any unfair or deceptive act or
25 practice by any person in connection with the sales or other
26 operations of an exchange program or timeshare plan is a
27 violation of this chapter.
28 (b) Any violation of the Florida Deceptive and Unfair
29 Trade Practices Act, ss. 501.201 et seq., relating to the
30 creation, promotion, sale, operation, or management of any
31 timeshare plan shall also be a violation of this chapter.
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Amendment No. ___ Barcode 690828
1 (c) The division is authorized to institute
2 proceedings against any such person and take any appropriate
3 action authorized in this section in connection therewith,
4 notwithstanding any remedies available to purchasers.
5 (8) The failure of any person to comply with any order
6 of the division is a violation of this chapter.
7 Section 91. Section 721.28, Florida Statutes, is
8 amended to read:
9 721.28 Division of Florida Land Sales, Condominiums,
10 Timeshare, and Mobile Homes Trust Fund.--All funds collected
11 by the division and any amounts paid as fees or penalties
12 under this chapter shall be deposited in the State Treasury to
13 the credit of the Division of Florida Land Sales,
14 Condominiums, Timeshare, and Mobile Homes Trust Fund created
15 by s. 718.509 498.019.
16 Section 92. Paragraph (c) of subsection (1) of section
17 721.301, Florida Statutes, is amended to read:
18 721.301 Florida Timesharing, Vacation Club, and
19 Hospitality Program.--
20 (1)
21 (c) The director may designate funds from the Division
22 of Florida Land Sales, Condominiums, Timeshare, and Mobile
23 Homes Trust Fund, not to exceed $50,000 annually, to support
24 the projects and proposals undertaken pursuant to paragraph
25 (b). All state trust funds to be expended pursuant to this
26 section must be matched equally with private moneys and shall
27 comprise no more than half of the total moneys expended
28 annually.
29 Section 93. Section 721.50, Florida Statutes, is
30 amended to read:
31 721.50 Short title.--This part may be cited as the
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1 "McAllister Act" in recognition and appreciation for the years
2 of extraordinary and insightful contributions by Mr. Bryan C.
3 McAllister, Examinations Supervisor, former Division of
4 Florida Land Sales, Condominiums, and Mobile Homes.
5 Section 94. Subsection (10) of section 721.82, Florida
6 Statutes, is amended to read:
7 721.82 Definitions.--As used in this part, the term:
8 (10) "Registered agent" means an agent duly appointed
9 by the obligor under s. 721.84 for the purpose of accepting
10 all notices and service of process under this part for the
11 obligor. A registered agent may be an individual resident in
12 this state whose business office qualifies as a registered
13 office, or a domestic or foreign corporation or a
14 not-for-profit corporation as defined in chapter 617
15 authorized to transact business or to conduct its affairs in
16 this state, whose business office qualifies as a registered
17 office. A registered agent for any obligor may not be the
18 lienholder or the attorney for the lienholder.
19 Section 95. Subsection (5) of section 721.84, Florida
20 Statutes, is amended, present subsections (6) and (7) are
21 renumbered as subsections (9) and (10), respectively, and new
22 subsections (6), (7), and (8) are added to that section, to
23 read:
24 721.84 Appointment of a registered agent; duties.--
25 (5) A registered agent may resign his or her agency
26 appointment for any obligor for which he or she serves as
27 registered agent, provided that:
28 (a) The resigning registered agent executes a written
29 statement of resignation that identifies himself or herself
30 and the street address of his or her registered office, and
31 identifies the obligors affected by his or her resignation;
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1 (b)1. A successor registered agent is appointed by the
2 resigning registered agent and such successor registered agent
3 executes an acceptance of appointment as successor registered
4 agent and satisfies all of the requirements of subsection (1);
5 or.
6 2. The registered agent provides 120 days' prior
7 written notice to the mortgagee as to the mortgage lien and to
8 the owners' association of the timeshare plan as to the
9 assessment lien of its intent to deliver the statement of
10 resignation. Prior to the effective date of termination of the
11 resigning registered agent's agency and registered office, a
12 The resigning registered agent may designate the successor
13 registered agent; however, if the resigning registered agent
14 fails to designate a successor registered agent or the
15 designated successor registered agent fails to accept, the
16 successor registered agent for the affected obligors may be
17 designated by the mortgagee as to the mortgage lien and by the
18 owners' association of the timeshare plan as to the assessment
19 lien; and
20 (c)1. If a successor registered agent is appointed
21 under subparagraph (b)1., copies of the statement of
22 resignation and acceptance of appointment as successor
23 registered agent are promptly mailed to the affected obligors
24 at the obligors' last designated address shown on the records
25 of the resigning registered agent and to the affected
26 lienholders; or.
27 2. If a resigning registered agent has previously
28 provided notice under subparagraph (b)2., a copy of the
29 statement of resignation is promptly mailed to the affected
30 obligors at the obligor's last designated address shown on the
31 records of the resigning registered agent and a copy of the
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1 statement of resignation and a list of the obligors' last
2 designated addresses shown on the records of the resigning
3 registered agent are promptly mailed to the affected
4 lienholders.
5 (6) If a successor registered agent is appointed under
6 subparagraph (5)(b)1., the agency and registered office of the
7 resigning registered agent are terminated and the agency and
8 registered office of the successor registered agent are
9 effective as of the 10th day after the date on which the
10 statement of resignation and acceptance of appointment as
11 successor registered agent are received by the lienholder,
12 unless a longer period is provided in the statement of
13 resignation and acceptance of appointment as successor
14 registered agent.
15 (7) If a resigning registered agent has previously
16 provided notice under subparagraph (5)(b)2. and a successor
17 registered agent is not designated or the designated successor
18 registered agent fails to accept the appointment as registered
19 agent, the agency and registered office of the resigning
20 registered agent are terminated effective as of the 10th day
21 after the date on which the statement of resignation and list
22 of obligors required by subparagraph (5)(c)2. are received by
23 the lienholder, unless a longer period is provided in the
24 statement of resignation. After the effective date of the
25 termination of the agency and registered office of the
26 resigning registered agent, if no successor registered agent
27 exists, the affected lienholders must mail any notice or
28 document required to be delivered by a lienholder to the
29 obligor by first class mail if the obligor's address is within
30 the United States, and by international air mail if the
31 obligor's address is outside the United States, with postage
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1 fees prepaid to the obligor at the obligor's last designated
2 address as shown on the records of the resigning registered
3 agent. If such notice or document requires service of process
4 on persons outside the United States, such service of process
5 shall be accomplished by any internationally agreed means
6 reasonably calculated to give notice. Whenever no successor
7 registered agent exists, a successor registered agent for the
8 affected obligors may be designated by the mortgagee as to the
9 mortgage lien and by the owners' association of the timeshare
10 plan as to the assessment lien.
11 (8) If a successor registered agent is appointed under
12 subparagraph (5)(b)2. or under subsection (7), copies of the
13 acceptance of appointment as successor registered agent must
14 be promptly mailed, by the mortgagee as to a registered agent
15 appointed by the mortgagee as to the mortgage lien, and by the
16 owners' association of the timeshare plan as to the assessment
17 lien, to the affected obligors at the obligor's last address
18 shown on the records of the resigning registered agent. The
19 agency and registered office of the successor registered agent
20 are effective as of the date provided in the acceptance of
21 appointment.
22 Section 96. Subsection (1) of section 723.003, Florida
23 Statutes, is amended to read:
24 723.003 Definitions.--As used in this chapter, the
25 following words and terms have the following meanings unless
26 clearly indicated otherwise:
27 (1) The term "division" means the Division of Florida
28 Land Sales, Condominiums, Timeshare, and Mobile Homes of the
29 Department of Business and Professional Regulation.
30 Section 97. Paragraph (e) of subsection (5) of section
31 723.006, Florida Statutes, is amended to read:
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1 723.006 Powers and duties of division.--In performing
2 its duties, the division has the following powers and duties:
3 (5) Notwithstanding any remedies available to mobile
4 home owners, mobile home park owners, and homeowners'
5 associations, if the division has reasonable cause to believe
6 that a violation of any provision of this chapter or any rule
7 promulgated pursuant hereto has occurred, the division may
8 institute enforcement proceedings in its own name against a
9 developer, mobile home park owner, or homeowners' association,
10 or its assignee or agent, as follows:
11 (e)1. The division may impose a civil penalty against
12 a mobile home park owner or homeowners' association, or its
13 assignee or agent, for any violation of this chapter, a
14 properly promulgated park rule or regulation, or a rule or
15 regulation promulgated pursuant hereto. A penalty may be
16 imposed on the basis of each separate violation and, if the
17 violation is a continuing one, for each day of continuing
18 violation, but in no event may the penalty for each separate
19 violation or for each day of continuing violation exceed
20 $5,000. All amounts collected shall be deposited with the
21 Treasurer to the credit of the Division of Florida Land Sales,
22 Condominiums, Timeshare, and Mobile Homes Trust Fund.
23 2. If a violator fails to pay the civil penalty, the
24 division shall thereupon issue an order directing that such
25 violator cease and desist from further violation until such
26 time as the civil penalty is paid or may pursue enforcement of
27 the penalty in a court of competent jurisdiction. If a
28 homeowners' association fails to pay the civil penalty, the
29 division shall thereupon pursue enforcement in a court of
30 competent jurisdiction, and the order imposing the civil
31 penalty or the cease and desist order shall not become
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1 effective until 20 days after the date of such order. Any
2 action commenced by the division shall be brought in the
3 county in which the division has its executive offices or in
4 which the violation occurred.
5 Section 98. Section 723.0065, Florida Statutes, is
6 amended to read:
7 723.0065 Public records exemption; findings.--The
8 Legislature, in narrowing the existing public records
9 exemption pursuant to s. 1, chapter 94-78, Laws of Florida,
10 finds that a public necessity exists to keep confidential and
11 retain the public records exemption for financial records of
12 mobile home park owners acquired by the division of Florida
13 Land Sales, Condominiums, and Mobile Homes when performing its
14 duties under the Florida Mobile Home Act unless the mobile
15 home park owner has violated the provisions of this chapter.
16 In that case, only those financial records that are
17 specifically relevant to the finding of violation should be
18 released. If it were otherwise, the division would encounter
19 difficulties in procuring such proprietary information which
20 would impede the effective and efficient performance of the
21 division's public duties. Additionally, release of such
22 proprietary information would harm the business interests of
23 innocent mobile home park owners to the advantage of
24 competitors and potential purchasers. Effective monitoring of
25 the division's performance of its duties can be conducted
26 without access to these records, and these records are
27 otherwise available pursuant to a civil complaint as
28 envisioned by the act. Accordingly, the public good served by
29 access to financial records of a mobile home park owner who
30 has not violated the provisions of this chapter is outweighed
31 by the interference with division investigations and the
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1 private harm that could be caused by allowing such access.
2 Section 99. Section 723.009, Florida Statutes, is
3 amended to read:
4 723.009 Division of Florida Land Sales, Condominiums,
5 Timeshare, and Mobile Homes Trust Fund.--All proceeds from the
6 fees, penalties, and fines imposed pursuant to this chapter
7 shall be deposited into the Division of Florida Land Sales,
8 Condominiums, Timeshare, and Mobile Homes Trust Fund created
9 by s. 718.509 498.019. Moneys in this fund, as appropriated
10 by the Legislature pursuant to chapter 216, may be used to
11 defray the expenses incurred by the division in administering
12 the provisions of this chapter.
13 Section 100. Subsection (2) of section 73.073, Florida
14 Statutes, is amended to read:
15 73.073 Eminent domain procedure with respect to
16 condominium common elements.--
17 (2) With respect to the exercise of eminent domain or
18 a negotiated sale for the purchase or taking of a portion of
19 the common elements of a condominium, the condemning authority
20 shall have the responsibility of contacting the condominium
21 association and acquiring the most recent rolls indicating the
22 names of the unit owners or contacting the appropriate taxing
23 authority to obtain the names of the owners of record on the
24 tax rolls. Notification shall thereupon be sent by certified
25 mail, return receipt requested, to the unit owners of record
26 of the condominium units by the condemning authority
27 indicating the intent to purchase or take the required
28 property and requesting a response from the unit owner. The
29 condemning authority shall be responsible for the expense of
30 sending notification pursuant to this section. Such notice
31 shall, at a minimum, include:
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1 (a) The name and address of the condemning authority.
2 (b) A written or visual description of the property.
3 (c) The public purpose for which the property is
4 needed.
5 (d) The appraisal value of the property.
6 (e) A clear, concise statement relating to the unit
7 owner's right to object to the taking or appraisal value and
8 the procedures and effects of exercising that right.
9 (f) A clear, concise statement relating to the power
10 of the association to convey the property on behalf of the
11 unit owners if no objection to the taking or appraisal value
12 is raised, and the effects of this alternative on the unit
13 owner.
14
15 The Division of Florida Land Sales, Condominiums, Timeshare,
16 and Mobile Homes of the Department of Business and
17 Professional Regulation may adopt, by rule, a standard form
18 for such notice and may require the notice to include any
19 additional relevant information.
20 Section 101. Paragraph (e) of subsection (6) of
21 section 192.037, Florida Statutes, is amended to read:
22 192.037 Fee timeshare real property; taxes and
23 assessments; escrow.--
24 (6)
25 (e) On or before May 1 of each year, a statement of
26 receipts and disbursements of the escrow account must be filed
27 with the Division of Florida Land Sales, Condominiums,
28 Timeshare, and Mobile Homes of the Department of Business and
29 Professional Regulation, which may enforce this paragraph
30 pursuant to s. 721.26. This statement must appropriately show
31 the amount of principal and interest in such account.
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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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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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1 been submitted to a local general-purpose government, water
2 management district, the Florida Department of Environmental
3 Protection, or the Division of Florida Land Sales,
4 Condominiums, Timeshare, and Mobile Homes for authorization to
5 commence development. The existence or implementation of a
6 utility's master utility plan required by the Public Service
7 Commission or general-purpose local government or a master
8 drainage plan shall not be the sole determinant of the
9 existence of a master plan.
10 4. The voluntary sharing of infrastructure that is
11 indicative of a common development effort or is designated
12 specifically to accommodate the developments sought to be
13 aggregated, except that which was implemented because it was
14 required by a local general-purpose government; water
15 management district; the Department of Environmental
16 Protection; the Division of Florida Land Sales, Condominiums,
17 Timeshare, and Mobile Homes; or the Public Service Commission.
18 5. There is a common advertising scheme or promotional
19 plan in effect for the developments sought to be aggregated.
20 Section 105. Subsection (5) of section 455.116,
21 Florida Statutes, is amended to read:
22 455.116 Regulation trust funds.--The following trust
23 funds shall be placed in the department:
24 (5) Division of Florida Land Sales, Condominiums,
25 Timeshare, and Mobile Homes Trust Fund.
26 Section 106. Section 475.455, Florida Statutes, is
27 amended to read:
28 475.455 Exchange of disciplinary information.--The
29 commission shall inform the Division of Florida Land Sales,
30 Condominiums, Timeshare, and Mobile Homes of the Department of
31 Business and Professional Regulation of any disciplinary
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1 action the commission has taken against any of its licensees.
2 The division shall inform the commission of any disciplinary
3 action the division has taken against any broker or
4 salesperson registered with the division.
5 Section 107. Section 509.512, Florida Statutes, is
6 amended to read:
7 509.512 Timeshare plan developer and exchange company
8 exemption.--Sections 509.501-509.511 do not apply to a
9 developer of a timeshare plan or an exchange company approved
10 by the Division of Florida Land Sales, Condominiums,
11 Timeshare, and Mobile Homes pursuant to chapter 721, but only
12 to the extent that the developer or exchange company engages
13 in conduct regulated under chapter 721.
14 Section 108. Subsection (1) of section 559.935,
15 Florida Statutes, is amended to read:
16 559.935 Exemptions.--
17 (1) This part does not apply to:
18 (a) A bona fide employee of a seller of travel who is
19 engaged solely in the business of her or his employer;
20 (b) Any direct common carrier of passengers or
21 property regulated by an agency of the Federal Government or
22 employees of such carrier when engaged solely in the
23 transportation business of the carrier as identified in the
24 carrier's certificate;
25 (c) An intrastate common carrier of passengers or
26 property selling only transportation as defined in the
27 applicable state or local registration or certification, or
28 employees of such carrier when engaged solely in the
29 transportation business of the carrier;
30 (d) Hotels, motels, or other places of public
31 accommodation selling public accommodations, or employees of
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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 laws and rules of this state relating to athlete agents, this
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1 part, and chapter 455.
2 (c)(d) Has completed the application form and remitted
3 an application fee not to exceed $500, an examination fee not
4 to exceed the actual cost for the examination plus $500, an
5 active licensure fee not to exceed $2,000, and all other
6 applicable fees provided for in this part or in chapter 455.
7 (d)(e) Has submitted to the department a fingerprint
8 card for a criminal history records check. The fingerprint
9 card shall be forwarded to the Division of Criminal Justice
10 Information Systems within the Department of Law Enforcement
11 for purposes of processing the fingerprint card to determine
12 if the applicant has a criminal history record. The
13 fingerprint card shall also be forwarded to the Federal Bureau
14 of Investigation for purposes of processing the fingerprint
15 card to determine if the applicant has a criminal history
16 record. The information obtained by the processing of the
17 fingerprint card by the Florida Department of Law Enforcement
18 and the Federal Bureau of Investigation shall be sent to the
19 department for the purpose of determining if the applicant is
20 statutorily qualified for licensure.
21 (e)(f) Has not in any jurisdiction, within the
22 preceding 5 years, been convicted or found guilty of or
23 entered a plea of nolo contendere for, regardless of
24 adjudication, a crime which relates to the applicant's
25 practice or ability to practice as an athlete agent.
26 (g) Has posted with the department a $15,000 surety
27 bond issued by an insurance company authorized to do business
28 in this state. The bond shall be in favor of the State of
29 Florida, Department of Business and Professional Regulation,
30 for the use and benefit of any student athlete or college or
31 university within Florida who or which is injured or damaged,
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1 including reasonable costs and attorney's fees, as a result of
2 acts or omissions by the athlete agent pursuant to a license
3 issued under this part. The bond shall be written in the form
4 determined by the department. The bond shall provide that the
5 athlete agent is responsible for the acts or omissions of any
6 representatives acting under the athlete agent's supervision
7 or authority. The bond shall be in effect for and cover all
8 times that the athlete agent has an active license and
9 conducts business pursuant to that license in this or any
10 other state.
11 (3) An unlicensed individual may act as an athlete
12 agent if:
13 (a) A student-athlete or person acting on the
14 athlete's behalf initiates communication with the individual;
15 and
16 (b) Within 7 days after an initial act as an athlete
17 agent, the individual submits an application for licensure.
18 Members of The Florida Bar are exempt from the state laws and
19 rules component, and the fee for such, of the examination
20 required by this section.
21 (4) A license issued to an athlete agent is not
22 transferable.
23 (5) By acting as an athlete agent in this state, a
24 nonresident individual appoints the department as the
25 individual's agent for service of process in any civil action
26 related to the individual's acting as an athlete agent.
27 (6) The department may issue a temporary license while
28 an application for licensure is pending. If the department
29 issues a notice of intent to deny the license application, the
30 initial temporary license expires and may not be extended
31 during any proceeding or administrative or judicial review.
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1 (7)(a) An individual who has submitted an application
2 and holds a certificate, registration or license as an athlete
3 agent in another state may submit a copy of the application
4 and certificate, registration or license from the other state
5 in lieu of submitting an application in the form prescribed
6 pursuant to this section. The department shall accept the
7 application and the certificate from the other state as an
8 application for registration in this state if the application
9 in the other state:
10 1. Was submitted in the other state within 6 months
11 next preceding the submission of the application in this state
12 and the applicant certifies that the information contained in
13 the application is current;
14 2. Contains information substantially similar to or
15 more comprehensive than that required in an application
16 submitted in this state; and
17 3. Was signed by the applicant under penalty of
18 perjury.
19 (b) An applicant applying under this subsection must
20 meet all other requirements for licensure as provided by this
21 part.
22 Section 111. Effective July 1, 2001, section 468.454,
23 Florida Statutes, is amended to read:
24 468.454 Contracts.--
25 (1) An agent contract must be in a record, signed, or
26 otherwise authenticated by the parties.
27 (2) An agent contract must state:
28 (a) The amount and method of calculating the
29 consideration to be paid by the student-athlete for services
30 to be provided by the athlete agent and any other
31 consideration the agent has received or will receive from any
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1 other source under the contract;
2 (b) The name of any person not listed in the licensure
3 application who will be compensated because the
4 student-athlete signed the agent contract;
5 (c) A description of any expenses that the
6 student-athlete agrees to reimburse;
7 (d) A description of the services to be provided to
8 the student-athlete;
9 (e) The duration of the contract; and
10 (f) The date of execution.
11 (3) An agent contract must contain, in close proximity
12 to the signature of the student-athlete, a conspicuous notice
13 in boldface type in capital letters stating:
14
15 WARNING TO STUDENT-ATHLETE
16
17 IF YOU SIGN THE CONTRACT:
18 1. YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS
19 A STUDENT-ATHLETE IN YOUR SPORT;
20 2. IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72
21 HOURS AFTER ENTERING INTO THE CONTRACT, YOU AND
22 YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC
23 DIRECTOR; AND
24 3. YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS
25 AFTER SIGNING IT. HOWEVER, CANCELLATION OF THIS
26 CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
27
28 (4) An agent contract that does not conform to this
29 section is voidable by the student-athlete. If a
30 student-athlete voids an agent contract, the student-athlete
31 is not required to pay any consideration or return any
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1 consideration received from the athlete agent to induce the
2 student-athlete to enter into the contract.
3 (5) The athlete agent shall give a record of the
4 signed or authenticated agent contract to the student-athlete
5 at the time of execution.
6 (6) Within 72 hours after entering into an agent
7 contract or before the next scheduled athletic event in which
8 the student-athlete may participate, whichever occurs first,
9 the athlete agent must give notice in a record of the
10 existence of the contract to the athletic director of the
11 educational institution at which the student-athlete is
12 enrolled or the athlete agent has reasonable grounds to
13 believe the student-athlete intends to enroll.
14 (7) Within 72 hours after entering into an agent
15 contract or before the next athletic event in which the
16 student-athlete may participate, whichever occurs first, the
17 student-athlete must inform the athletic director of the
18 educational institution at which the student-athlete is
19 enrolled that he or she has entered into an agent contract.
20 (8) A student-athlete may cancel an agent contract by
21 giving notice of the cancellation to the athlete agent in a
22 record within 14 days after the contract is signed.
23 (9) A student-athlete may not waive the right to
24 cancel an agent contract.
25 (10) If a student-athlete cancels an agent contract,
26 the student-athlete is not required to pay any consideration
27 or return any consideration received from the athlete agent to
28 induce the student-athlete to enter into the contract.
29 (1) An athlete agent and a student athlete who enter
30 into an agent contract must provide written notice of the
31 contract to the athletic director or the president of the
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1 college or university in which the student athlete is
2 enrolled. The athlete agent and the student must give the
3 notice before the contracting student athlete practices or
4 participates in any intercollegiate athletic event or within
5 72 hours after entering into said contract, whichever comes
6 first. Failure of the athlete agent to provide this
7 notification is a felony of the third degree, punishable as
8 provided in ss. 775.082, 775.083, 775.084, 775.089, and
9 775.091.
10 (2) A written contract between a student athlete and
11 an athlete agent must state the fees and percentages to be
12 paid by the student athlete to the agent and must have a
13 notice printed near the student athlete's signature containing
14 the following statement in 10-point boldfaced type:
15 "WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS
16 CONTRACT, YOU WILL LIKELY IMMEDIATELY LOSE YOUR ELIGIBILITY TO
17 COMPETE IN INTERCOLLEGIATE ATHLETICS. TO AVOID CRIMINAL
18 PROSECUTION YOU MUST GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED
19 INTO THIS CONTRACT TO THE ATHLETIC DIRECTOR OR PRESIDENT OF
20 YOUR COLLEGE OR UNIVERSITY WITHIN 72 HOURS AFTER ENTERING INTO
21 THIS CONTRACT OR PRIOR TO PARTICIPATING IN INTERCOLLEGIATE
22 ATHLETICS, WHICHEVER COMES FIRST. FAILURE TO PROVIDE THIS
23 NOTICE IS A CRIMINAL OFFENSE. DO NOT SIGN THIS CONTRACT UNTIL
24 YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU MAY
25 CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING
26 OF YOUR DESIRE TO CANCEL NOT LATER THAN THE 15TH DAY AFTER THE
27 DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS
28 CONTRACT, THE INTERCOLLEGIATE ATHLETIC ASSOCIATION OR
29 CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT
30 RESTORE YOUR ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE
31 ATHLETICS."
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1 (3) An agent contract which does not meet the
2 requirements of this section is void and unenforceable.
3 (4) Within 15 days after the date the athletic
4 director or president of the college or university of the
5 student athlete receives the notice required by this section
6 that a student athlete has entered into an athlete agent
7 contract, the student athlete shall have the right to rescind
8 the contract with the athlete agent by giving written notice
9 to the athlete agent of the student athlete's rescission of
10 the contract. The student athlete may not under any
11 circumstances waive the student athlete's right to rescind the
12 agent contract.
13 (5) A postdated agent contract is void and
14 unenforceable.
15 (11)(6) An athlete agent shall not enter into an agent
16 contract that purports to or takes effect at a future time
17 after the student athlete no longer has remaining eligibility
18 to participate in intercollegiate athletics. Such a contract
19 is void and unenforceable.
20 (12)(7) An agent contract between a student athlete
21 and a person not licensed under this part is void and
22 unenforceable.
23 Section 112. Effective July 1, 2001, subsection (3) of
24 section 468.456, Florida Statutes, is amended to read:
25 468.456 Prohibited acts.--
26 (3) When the department finds any person guilty of any
27 of the prohibited acts set forth in subsection (1), the
28 department may enter an order imposing one or more of the
29 penalties provided for in s. 455.227, and an administrative
30 fine not to exceed $25,000 for each separate offense. In
31 addition to any other penalties or disciplinary actions
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1 provided for in this part, the department shall suspend or
2 revoke the license of any athlete agent licensed under this
3 part who violates paragraph (1)(f) or paragraph (1)(o) or s.
4 468.45615.
5 Section 113. Effective July 1, 2001, subsection (4) is
6 added to section 468.45615, Florida Statutes, to read:
7 468.45615 Provision of illegal inducements to athletes
8 prohibited; penalties; license suspension.--
9 (4)(a) An athlete agent, with the intent to induce a
10 student-athlete to enter into an agent contract, may not:
11 1. Give any materially false or misleading information
12 or make a materially false promise or representation;
13 2. Furnish anything of value to a student-athlete
14 before the student-athlete enters into the agent contract; or
15 3. Furnish anything of value to any individual other
16 than the student-athlete or another athlete agent.
17 (b) An athlete agent may not intentionally:
18 1. Initiate contact with a student-athlete unless
19 licensed under this part;
20 2. Refuse or fail to retain or permit inspection of
21 the records required to be retained by s. 468.4565;
22 3. Provide materially false or misleading information
23 in an application for licensure;
24 4. Predate or postdate an agent contract;
25 5. Fail to give notice of the existence of an agent
26 contract as required by s. 468.454(6); or
27 6. Fail to notify a student-athlete before the
28 student-athlete signs or otherwise authenticates an agent
29 contract for a sport that the signing or authentication may
30 make the student-athlete ineligible to participate as a
31 student-athlete in that sport.
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1 (c) An athlete agent who violates this subsection
2 commits a felony of the second degree, punishable as provided
3 in s. 775.082, s. 775.083, or s. 775.084.
4 Section 114. Effective July 1, 2001, section 468.4562,
5 Florida Statutes, is amended to read:
6 468.4562 Civil action by institution.--
7 (1) A college or university may sue for damages, as
8 provided by this section, any person who violates this part.
9 A college or university may seek equitable relief to prevent
10 or minimize harm arising from acts or omissions which are or
11 would be a violation of this part.
12 (2) For purposes of this section, a college or
13 university is damaged if, because of activities of the person,
14 the college or university is penalized, or is disqualified, or
15 suspended from participation in intercollegiate athletics by a
16 national association for the promotion and regulation of
17 intercollegiate athletics, or by an intercollegiate athletic
18 conference or by reasonable self-imposed disciplinary action
19 taken to mitigate sanctions likely to be imposed by such
20 organization and, because of that penalty, disqualification,
21 or suspension, or action the institution:
22 (a) Loses revenue from media coverage of a sports
23 contest;
24 (b) Loses the right to grant an athletic scholarship;
25 (c) Loses the right to recruit an athlete;
26 (d) Is prohibited from participating in postseason
27 athletic competition;
28 (e) Forfeits an athletic contest; or
29 (f) Otherwise suffers an adverse financial impact.
30 (3) An institution that prevails in a suit brought
31 under this section may recover:
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1 (a) Actual damages;
2 (b) Punitive damages;
3 (c) Treble damages;
4 (d) Court costs; and
5 (e) Reasonable attorney's fees.
6 (4) A right of action under this section does not
7 accrue until the educational institution discovers or by the
8 exercise of reasonable diligence would have discovered the
9 violation by the athlete agent or former student-athlete.
10 (5) Any liability of the athlete agent or the former
11 student-athlete under this section is several and not joint.
12 (6) This part does not restrict rights, remedies, or
13 defenses of any person under law or equity.
14 Section 115. Effective July 1, 2001, subsection (1) of
15 section 468.4565, Florida Statutes, is amended to read:
16 468.4565 Business records requirement.--
17 (1) An athlete agent who holds an active license and
18 engages in business as an athlete agent shall establish and
19 maintain complete financial and business records. The athlete
20 agent shall save each entry into a financial or business
21 record for at least 5 4 years from the date of entry. These
22 records must include, but shall not be limited to:
23 (a) The name and address of each individual
24 represented by the athlete agent;
25 (b) Any agent contract entered into by the athlete
26 agent; and
27 (c) Any direct costs incurred by the athlete agent in
28 the recruitment or solicitation of a student-athlete to enter
29 into an agent contract.
30 Section 116. Effective July 1, 2001, sections 468.4563
31 and 468.4564, Florida Statutes, are repealed.
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1 Section 117. Section 702.09, Florida Statutes, is
2 amended to read:
3 702.09 Definitions.--For the purposes of ss. 702.07
4 and 702.08 the words "decree of foreclosure" shall include a
5 judgment or order rendered or passed in the foreclosure
6 proceedings in which the decree of foreclosure shall be
7 rescinded, vacated, and set aside; the word "mortgage" shall
8 mean any written instrument securing the payment of money or
9 advances and shall include liens to secure payment of
10 assessments arising under chapters 718, 719, and 720; the word
11 "debt" shall include promissory notes, bonds, and all other
12 written obligations given for the payment of money; the words
13 "foreclosure proceedings" shall embrace every action in the
14 circuit or county courts of this state wherein it is sought to
15 foreclose a mortgage and sell the property covered by the
16 same; and the word "property" shall mean and include both real
17 and personal property.
18 Section 118. Paragraph (h) of subsection (4) and
19 subsection (5) of section 718.104, Florida Statutes, are
20 amended to read:
21 718.104 Creation of condominiums; contents of
22 declaration.--Every condominium created in this state shall be
23 created pursuant to this chapter.
24 (4) The declaration must contain or provide for the
25 following matters:
26 (h) If a developer reserves the right, in a
27 declaration recorded on or after July 1, 2000, to create a
28 multicondominium, the declaration must state, or provide a
29 specific formula for determining, the fractional or percentage
30 shares of liability for the common expenses of the association
31 and of ownership of the common surplus of the association to
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1 be allocated to the units in each condominium to be operated
2 by the association. If a the declaration recorded on or after
3 July 1, 2000, for a condominium operated by a multicondominium
4 association, as originally recorded, fails to so provide, the
5 share of liability for the common expenses of the association
6 and of ownership of the common surplus of the association
7 allocated to each unit in each condominium operated by the
8 association shall be a fraction of the whole, the numerator of
9 which is the number "one" and the denominator of which is the
10 total number of units in all condominiums operated by the
11 association.
12 (5) The declaration as originally recorded, or as
13 amended pursuant to the procedures provided therein, may
14 include covenants and restrictions concerning the use,
15 occupancy, and transfer of the units permitted by law with
16 reference to real property. With the exception of amendments
17 that materially modify unit appurtenances as provided in s.
18 718.110(4), amendments may be applied to owners of units
19 existing as of the effective date of the amendment. This
20 section is intended to clarify existing law and applies to
21 associations existing on the effective date of this act.
22 However, the rule against perpetuities shall not defeat a
23 right given any person or entity by the declaration for the
24 purpose of allowing unit owners to retain reasonable control
25 over the use, occupancy, and transfer of units.
26 Section 119. Paragraph (b) of subsection (2) of
27 section 718.106, Florida Statutes, is amended to read:
28 718.106 Condominium parcels; appurtenances; possession
29 and enjoyment.--
30 (2) There shall pass with a unit, as appurtenances
31 thereto:
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1 (b) The exclusive right to use such portion of the
2 common elements as may be provided by the declaration,
3 including the right to transfer such right to other units or
4 unit owners to the extent authorized by the declaration as
5 originally recorded, or amendments to the declaration adopted
6 pursuant to the provisions contained therein under s.
7 718.110(2). Amendments to declarations of condominium
8 providing for the transfer of use rights with respect to
9 limited common elements are not amendments which materially
10 modify unit appurtenances as described in s. 718.110(4).
11 However, in order to be effective, the transfer of use rights
12 with respect to limited common elements must be effectuated in
13 conformity with the procedures set forth in the declaration as
14 originally recorded or as amended. Further, such transfers
15 must be evidenced by a written instrument which must be
16 executed with the formalities of a deed and recorded in the
17 land records of the county in which the condominium is located
18 in order to be effective. Such instrument of transfer must
19 also specify the legal description of the unit which is
20 transferring use rights, as well as the legal description of
21 the unit obtaining the transfer of such rights. This section
22 is intended to clarify existing law and applies to
23 associations existing on the effective date of this act.
24 Section 120. Subsection (4) of section 718.110,
25 Florida Statutes, is amended to read:
26 718.110 Amendment of declaration; correction of error
27 or omission in declaration by circuit court.--
28 (4) Unless otherwise provided in the declaration as
29 originally recorded, no amendment may change the configuration
30 or size of any unit in any material fashion, materially alter
31 or modify the appurtenances to the unit, or change the
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1 proportion or percentage by which the unit owner shares the
2 common expenses of the condominium and owns the common surplus
3 of the condominium unless the record owner of the unit and all
4 record owners of liens on the unit join in the execution of
5 the amendment and unless all the record owners of all other
6 units in the same condominium approve the amendment. The
7 acquisition of property by the association, and material
8 alterations or substantial additions to such property or the
9 common elements by the association in accordance with s.
10 718.111(7) or s. 718.113, amendments providing for the
11 transfer of use rights in limited common elements pursuant to
12 s. 718.106(2)(b), and amendments restricting or modifying the
13 right to lease condominium units shall not be deemed to
14 constitute a material alteration or modification of the
15 appurtenances to the units. With the exception of amendments
16 that materially modify unit appurtenances as provided in this
17 section, amendments may be applied to owners of units existing
18 as of the effective date of the amendment. This section is
19 intended to clarify existing law and applies to associations
20 existing on the effective date of this act. A declaration
21 recorded after April 1, 1992, may not require the approval of
22 less than a majority of total voting interests of the
23 condominium for amendments under this subsection, unless
24 otherwise required by a governmental entity.
25 Section 121. Subsection (4), paragraph (a) of
26 subsection (7), and subsection (13) of section 718.111,
27 Florida Statutes, are amended to read:
28 718.111 The association.--
29 (4) ASSESSMENTS; MANAGEMENT OF COMMON ELEMENTS.--The
30 association has the power to make and collect assessments and
31 to lease, maintain, repair, and replace the common elements or
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1 association property; however, the association may not charge
2 a use fee against a unit owner for the use of common elements
3 or association property unless otherwise provided for in the
4 declaration of condominium or by a majority vote of the
5 association or unless the charges relate to expenses incurred
6 by an owner having exclusive use of the common elements or
7 association property.
8 (7) TITLE TO PROPERTY.--
9 (a) The association has the power to acquire title to
10 property or otherwise hold, convey, lease, and mortgage
11 association property for the use and benefit of its members.
12 The power to acquire personal property shall be exercised by
13 the board of administration. Except as otherwise permitted in
14 subsections (8) and (9) and in s. 718.114, no association may
15 acquire, convey, lease, or mortgage association real property
16 except in the manner provided in the declaration, and if the
17 declaration does not specify the procedure, then approval of
18 75 percent of the total voting interests shall be required.
19 (13) FINANCIAL REPORTING.--Within 90 days after the
20 end of the fiscal year, or annually on a date provided in the
21 bylaws, the association shall prepare and complete, or
22 contract for the preparation and completion of cause to be
23 prepared and completed by a third party, a financial report
24 for the preceding fiscal year. Within 21 days after the final
25 financial report is completed by the association or received
26 by the association from the third party, but in no event later
27 than 120 days after the end of the fiscal year, or such other
28 date as is provided in the bylaws, the association shall mail
29 to each unit owner at the address last furnished to the
30 association by the unit owner, or hand deliver to each unit
31 owner, a copy of the financial report or a notice that a copy
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1 of the financial report will be mailed or hand delivered to
2 the unit owner, without charge, upon receipt of a written
3 request from the unit owner. The division shall adopt rules
4 setting forth uniform accounting principles and standards to
5 be used by all associations and shall adopt rules addressing
6 financial reporting requirements for multicondominium
7 associations. In adopting such rules, the division shall
8 consider the number of members and annual revenues of an
9 association. Financial reports shall be prepared as follows:
10 (a) An association that meets the criteria of this
11 paragraph shall prepare or cause to be prepared a complete set
12 of financial statements in accordance with generally accepted
13 accounting principles. The financial statements shall be
14 based upon the association's total annual revenues, as
15 follows:
16 1. An association with total annual revenues of
17 $100,000 or more, but less than $200,000, shall prepare
18 compiled financial statements.
19 2. An association with total annual revenues of at
20 least $200,000, but less than $400,000, shall prepare reviewed
21 financial statements.
22 3. An association with total annual revenues of
23 $400,000 or more shall prepare audited financial statements.
24 (b)1. An association with total annual revenues of
25 less than $100,000 shall prepare a report of cash receipts and
26 expenditures.
27 2. An association which operates less than 50 units,
28 regardless of the association's annual revenues, shall prepare
29 a report of cash receipts and expenditures in lieu of
30 financial statements required by paragraph (a).
31 3. A report of cash receipts and disbursements must
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1 disclose the amount of receipts by accounts and receipt
2 classifications and the amount of expenses by accounts and
3 expense classifications, including, but not limited to, the
4 following, as applicable: costs for security, professional and
5 management fees and expenses, taxes, costs for recreation
6 facilities, expenses for refuse collection and utility
7 services, expenses for lawn care, costs for building
8 maintenance and repair, insurance costs, administration and
9 salary expenses, and reserves accumulated and expended for
10 capital expenditures, deferred maintenance, and any other
11 category for which the association maintains reserves.
12 (c) An association may prepare or cause to be
13 prepared, without a meeting of or approval by the unit owners:
14 1. Compiled, reviewed, or audited financial
15 statements, if the association is required to prepare a report
16 of cash receipts and expenditures;
17 2. Reviewed or audited financial statements, if the
18 association is required to prepare compiled financial
19 statements; or
20 3. Audited financial statements if the association is
21 required to prepare reviewed financial statements.
22 (d) If approved by a majority of the voting interests
23 present at a properly called meeting of the association, an
24 association may prepare or cause to be prepared:
25 1. A report of cash receipts and expenditures in lieu
26 of a compiled, reviewed, or audited financial statement;
27 2. A report of cash receipts and expenditures or a
28 compiled financial statement in lieu of a reviewed or audited
29 financial statement; or
30 3. A report of cash receipts and expenditures, a
31 compiled financial statement, or a reviewed financial
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1 statement in lieu of an audited financial statement.
2
3 Such meeting and approval must occur prior to the end of the
4 fiscal year and is effective only for the fiscal year in which
5 the vote is taken. With respect to an association to which the
6 developer has not turned over control of the association, all
7 unit owners, including the developer, may vote on issues
8 related to the preparation of financial reports for the first
9 2 fiscal years of the association's operation, beginning with
10 the fiscal year in which the declaration is recorded.
11 Thereafter, all unit owners except the developer may vote on
12 such issues until control is turned over to the association by
13 the developer.
14 Section 122. Subsection (3) of section 718.112,
15 Florida Statutes, is amended to read:
16 718.112 Bylaws.--
17 (3) OPTIONAL PROVISIONS.--The bylaws as originally
18 recorded, or as amended pursuant to the procedure provided
19 therein, may provide for the following:
20 (a) A method of adopting and amending administrative
21 rules and regulations governing the details of the operation
22 and use of the common elements.
23 (b) Restrictions on and requirements for the use,
24 maintenance, and appearance of the units and the use of the
25 common elements.
26 (c) Other provisions which are not inconsistent with
27 this chapter or with the declaration, as may be desired. This
28 subsection is intended to clarify existing law and applies to
29 associations existing on the effective date of this act.
30 Section 123. Subsection (2) of section 718.113,
31 Florida Statutes, is amended to read:
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1 718.113 Maintenance; limitation upon improvement;
2 display of flag; hurricane shutters.--
3 (2)(a) Except as otherwise provided in this section,
4 there shall be no material alteration or substantial additions
5 to the common elements or to real property which is
6 association property, except in a manner provided in the
7 declaration as originally recorded or as amended pursuant to
8 the procedures provided therein. If the declaration as
9 originally recorded or amended does not specify the procedure
10 for approval of material alterations or substantial additions,
11 75 percent of the total voting interests of the association
12 must approve the alterations or additions. This paragraph is
13 intended to clarify existing law and applies to associations
14 existing on the effective date of this act.
15 (b) There shall not be any material alteration of, or
16 substantial addition to, the common elements of any
17 condominium operated by a multicondominium association unless
18 approved in the manner provided in the declaration of the
19 affected condominium or condominiums as originally recorded,
20 or as amended pursuant to the procedures provided therein. If
21 a declaration as originally recorded or amended does not
22 specify a procedure for approving such an alteration or
23 addition, the approval of 75 percent of the total voting
24 interests of each affected condominium is required. This
25 subsection does not prohibit a provision in any declaration,
26 articles of incorporation, or bylaws as originally recorded or
27 amended requiring the approval of unit owners in any
28 condominium operated by the same association or requiring
29 board approval before a material alteration or substantial
30 addition to the common elements is permitted. This paragraph
31 is intended to clarify existing law and applies to
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1 associations existing on the effective date of this act.
2 (c) There shall not be any material alteration or
3 substantial addition made to association real property
4 operated by a multicondominium association, except as provided
5 in the declaration, articles of incorporation, or bylaws as
6 said documents are originally recorded or amended pursuant to
7 the procedures provided therein. If the declaration, articles
8 of incorporation, or bylaws do not specify the procedure for
9 approving an alteration or addition to association real
10 property, the approval of 75 percent of the total voting
11 interests of the association is required. This paragraph is
12 intended to clarify existing law and applies to associations
13 existing on the effective date of this act.
14 Section 124. Paragraphs (b) and (c) of subsection (1)
15 of section 718.115, Florida Statutes, are amended to read:
16 718.115 Common expenses and common surplus.--
17 (1)
18 (b) The common expenses of a condominium within a
19 multicondominium are the common expenses directly attributable
20 to the operation of that condominium. The common expenses of a
21 multicondominium association do not include the common
22 expenses directly attributable to the operation of any
23 specific condominium or condominiums within the
24 multicondominium. This paragraph is intended to clarify
25 existing law and applies to associations existing on the
26 effective date of this act.
27 (c) The common expenses of a multicondominium
28 association may include categories of expenses related to the
29 property or common elements within a specific condominium in
30 the multicondominium if such property or common elements are
31 areas in which all members of the multicondominium association
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1 have use rights or from which all members receive tangible
2 economic benefits. Such common expenses of the association
3 shall be identified in the declaration or bylaws of each
4 condominium within the multicondominium association. This
5 paragraph is intended to clarify existing law and applies to
6 associations existing on the effective date of this act.
7 Section 125. Subsections (1) and (4) of section
8 718.405, Florida Statutes, are amended to read:
9 718.405 Multicondominiums; multicondominium
10 associations.--
11 (1) An association may operate more than one
12 condominium. For multicondominiums created on or after July 1,
13 2000, if the declaration for each condominium to be operated
14 by that association shall provide provides for participation
15 in a multicondominium, in conformity with this section, and
16 disclose discloses or describe describes:
17 (a) The manner or formula by which the assets,
18 liabilities, common surplus, and common expenses of the
19 association will be apportioned among the units within the
20 condominiums operated by the association, in accordance with
21 s. 718.104(4)(g) or (h), as applicable.
22 (b) Whether unit owners in any other condominium, or
23 any other persons, will or may have the right to use
24 recreational areas or any other facilities or amenities that
25 are common elements of the condominium, and, if so, the
26 specific formula by which the other users will share the
27 common expenses related to those facilities or amenities.
28 (c) Recreational and other commonly used facilities or
29 amenities which the developer has committed to provide that
30 will be owned, leased by, or dedicated by a recorded plat to
31 the association but which are not included within any
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1 condominium operated by the association. The developer may
2 reserve the right to add additional facilities or amenities if
3 the declaration and prospectus for each condominium to be
4 operated by the association contains the following statement
5 in conspicuous type and in substantially the following form:
6 RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT
7 CONSENT OF UNIT OWNERS OR THE ASSOCIATION.
8 (d) The voting rights of the unit owners in the
9 election of directors and in other multicondominium
10 association affairs when a vote of the owners is taken,
11 including, but not limited to, a statement as to whether each
12 unit owner will have a right to personally cast his or her own
13 vote in all matters voted upon.
14 (4) This section does not prevent or restrict the
15 formation of a multicondominium by the merger or consolidation
16 of two or more condominium associations. Mergers or
17 consolidations of associations shall be accomplished in
18 accordance with this chapter, the declarations of the
19 condominiums being merged or consolidated, and chapter 617.
20 Section 718.110(4) does not apply to amendments to
21 declarations necessary to effect a merger or consolidation.
22 This section is intended to clarify existing law and applies
23 to associations existing on the effective date of this act.
24 Section 126. Subsection (2) of section 718.503,
25 Florida Statutes, is amended to read:
26 718.503 Developer disclosure prior to sale;
27 nondeveloper unit owner disclosure prior to sale;
28 voidability.--
29 (2) NONDEVELOPER DISCLOSURE.--
30 (a) Each unit owner who is not a developer as defined
31 by this chapter shall comply with the provisions of this
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1 subsection prior to the sale of his or her unit. Each
2 prospective purchaser who has entered into a contract for the
3 purchase of a condominium unit is entitled, at the seller's
4 expense, to a current copy of the declaration of condominium,
5 articles of incorporation of the association, bylaws, and
6 rules of the association, as well as a copy of the question
7 and answer sheet provided for by s. 718.504 and a copy of the
8 financial information required by s. 718.111.
9 (b) If a person licensed under part I of chapter 475
10 provides to or otherwise obtains for a prospective purchaser
11 the documents described in this subsection, the person is not
12 liable for any error or inaccuracy contained in the documents.
13 (c) Each contract entered into after July 1, 1992, for
14 the resale of a residential unit shall contain in conspicuous
15 type either:
16 1. A clause which states: THE BUYER HEREBY
17 ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF
18 THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF
19 THE ASSOCIATION, BYLAWS, RULES OF THE ASSOCIATION, AND A COPY
20 OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE
21 QUESTION AND ANSWER SHEET MORE THAN 3 DAYS, EXCLUDING
22 SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF
23 THIS CONTRACT; or
24 2. A clause which states: THIS AGREEMENT IS VOIDABLE
25 BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION
26 TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND
27 LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT
28 BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE
29 DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS,
30 AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT
31 YEAR-END FINANCIAL INFORMATION AND QUESTION AND ANSWER SHEET
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1 IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE
2 VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND
3 THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS,
4 EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE
5 BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,
6 BYLAWS, AND RULES, AND QUESTION AND ANSWER SHEET IF REQUESTED
7 IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
8 TERMINATE AT CLOSING.
9
10 A contract that does not conform to the requirements of this
11 paragraph is voidable at the option of the purchaser prior to
12 closing.
13 Section 127. Subsection (15) of section 718.504,
14 Florida Statutes, is amended to read:
15 718.504 Prospectus or offering circular.--Every
16 developer of a residential condominium which contains more
17 than 20 residential units, or which is part of a group of
18 residential condominiums which will be served by property to
19 be used in common by unit owners of more than 20 residential
20 units, shall prepare a prospectus or offering circular and
21 file it with the Division of Florida Land Sales, Condominiums,
22 and Mobile Homes prior to entering into an enforceable
23 contract of purchase and sale of any unit or lease of a unit
24 for more than 5 years and shall furnish a copy of the
25 prospectus or offering circular to each buyer. In addition to
26 the prospectus or offering circular, each buyer shall be
27 furnished a separate page entitled "Frequently Asked Questions
28 and Answers," which shall be in accordance with a format
29 approved by the division and a copy of the financial
30 information required by s. 718.111. This page shall, in
31 readable language, inform prospective purchasers regarding
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1 their voting rights and unit use restrictions, including
2 restrictions on the leasing of a unit; shall indicate whether
3 and in what amount the unit owners or the association is
4 obligated to pay rent or land use fees for recreational or
5 other commonly used facilities; shall contain a statement
6 identifying that amount of assessment which, pursuant to the
7 budget, would be levied upon each unit type, exclusive of any
8 special assessments, and which shall further identify the
9 basis upon which assessments are levied, whether monthly,
10 quarterly, or otherwise; shall state and identify any court
11 cases in which the association is currently a party of record
12 in which the association may face liability in excess of
13 $100,000; and which shall further state whether membership in
14 a recreational facilities association is mandatory, and if so,
15 shall identify the fees currently charged per unit type. The
16 division shall by rule require such other disclosure as in its
17 judgment will assist prospective purchasers. The prospectus or
18 offering circular may include more than one condominium,
19 although not all such units are being offered for sale as of
20 the date of the prospectus or offering circular. The
21 prospectus or offering circular must contain the following
22 information:
23 (15) If a the condominium created on or after July 1,
24 2000, is or may become part of a multicondominium, the
25 following information must be provided:
26 (a) A statement in conspicuous type in substantially
27 the following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
28 MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
29 (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately
30 following this statement, the location in the prospectus or
31 offering circular and its exhibits where the multicondominium
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1 aspects of the offering are described must be stated.
2 (b) A summary of the provisions in the declaration,
3 articles of incorporation, and bylaws which establish and
4 provide for the operation of the multicondominium, including a
5 statement as to whether unit owners in the condominium will
6 have the right to use recreational or other facilities located
7 or planned to be located in other condominiums operated by the
8 same association, and the manner of sharing the common
9 expenses related to such facilities.
10 (c) A statement of the minimum and maximum number of
11 condominiums, and the minimum and maximum number of units in
12 each of those condominiums, which will or may be operated by
13 the association, and the latest date by which the exact number
14 will be finally determined.
15 (d) A statement as to whether any of the condominiums
16 in the multicondominium may include units intended to be used
17 for nonresidential purposes and the purpose or purposes
18 permitted for such use.
19 (e) A general description of the location and
20 approximate acreage of any land on which any additional
21 condominiums to be operated by the association may be located.
22 Section 128. Subsections (4) through (17) of section
23 548.002, Florida Statutes, are renumbered as subsections (5)
24 through (17), respectively, present subsection (18) is
25 renumbered as subsection (19), and new subsections (4) and
26 (18) are added to said section to read:
27 548.002 Definitions.--As used in this act, the term:
28 (4) "Concessionaire" means any person or business
29 entity not licensed as a promoter which receives revenues or
30 other compensation from the sale of tickets or from the sale
31 of souvenirs, programs, broadcast rights, or any other
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1 concessions in conjunction with the promotion of a match.
2 (18) "Second" or "cornerman" means a person who
3 assists the fight participant between rounds and maintains the
4 corner of the participant during the match.
5 Section 129. Section 548.015, Florida Statutes, is
6 created to read:
7 548.015 Concessionaires; security.--The commission may
8 require that before any license is issued or renewed to a
9 concessionaire, or before the holding of a match, the
10 concessionaire must file a surety bond, a cash deposit, or
11 some other form of security with the commission in such
12 reasonable amount as the commission determines.
13 Section 130. Subsections (1) and (2) of section
14 548.003, Florida Statutes, are amended to read:
15 548.003 Florida State Boxing Commission; powers;
16 organization; meetings; accountability of commission members;
17 compensation and travel expenses; association membership and
18 participation.--
19 (1) The Florida State Boxing Commission is created and
20 is assigned to the Department of Business and Professional
21 Regulation for administrative and fiscal accountability
22 purposes only. The Florida State Boxing Commission shall
23 consist of five members appointed by the Governor, subject to
24 confirmation by the Senate. One member must be a physician
25 licensed pursuant to chapter 458 or chapter 459, who must
26 maintain an unencumbered license in good standing, and who
27 must, at the time of her or his appointment, have practiced
28 medicine for at least 5 years. Upon the expiration of the term
29 of a commissioner, the Governor shall appoint a successor to
30 serve for a 4-year term. A commissioner whose term has expired
31 shall continue to serve on the commission until such time as a
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1 replacement is appointed. If a vacancy on the commission
2 occurs prior to the expiration of the term, it shall be filled
3 for the unexpired portion of the term in the same manner as
4 the original appointment.
5 (2) The Florida State Boxing Commission, as created by
6 subsection (1), shall administer the provisions of this
7 chapter. The commission has authority to adopt rules pursuant
8 to ss. 120.536(1) and 120.54 to implement the provisions of
9 this chapter and to implement each of the duties and
10 responsibilities conferred upon the commission, including, but
11 not limited to:
12 (a) Development of an ethical code of conduct for
13 commissioners, commission staff, and commission officials;
14 (b) Facility and safety requirements relating to the
15 ring, floor plan and apron seating, emergency medical
16 equipment and services, and other equipment and services
17 necessary for the conduct of a program of matches;
18 (c) Requirements regarding a participant's apparel,
19 bandages, handwraps, gloves, mouthpiece, and appearance during
20 a match;
21 (d) Requirements relating to a manager's
22 participation, presence, and conduct during a match;
23 (e) Duties and responsibilities of all licensees under
24 this chapter;
25 (f) Procedures for hearings and resolution of
26 disputes;
27 (g) Qualifications for appointment of referees and
28 judges;
29 (h) Qualifications for and appointment of chief
30 inspectors and inspectors, and duties and responsibilities of
31 chief inspectors and inspectors with respect to oversight and
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1 coordination of activities for each program of matches
2 regulated under this chapter;
3 (i) Designation and duties of a knockdown timekeeper;
4 and
5 (j) Setting fee and reimbursement schedules for
6 referees and other officials appointed by the commission or
7 the representative of the commission.
8 Section 131. The Florida State Boxing Commission shall
9 conduct a review and analysis of boxing competitions not now
10 regulated or sanctioned and shall provide recommendations to
11 the Department of Business and Professional Regulation and the
12 Legislature regarding any rules or legislation necessary to
13 achieve effective regulation.
14 Section 132. Section 548.017, Florida Statutes, is
15 amended to read:
16 548.017 Boxers, managers, and other persons required
17 to have licenses.--
18 (1) A professional participant, manager, trainer,
19 second, timekeeper, referee, judge, announcer, physician,
20 matchmaker, concessionaire, or booking agent or representative
21 of a booking agent shall be licensed before directly or
22 indirectly acting in such capacity in connection with any
23 match involving a professional. A physician must be licensed
24 pursuant to chapter 458 or chapter 459, must maintain an
25 unencumbered license in good standing, and must demonstrate
26 satisfactory medical training or experience in boxing, or a
27 combination of both, to the executive director prior to
28 working as the ringside physician.
29 (2) A violation of this section is a misdemeanor of
30 the second degree, punishable as provided in s. 775.082 or s.
31 775.083.
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1 Section 133. Section 548.021, Florida Statutes, is
2 amended to read:
3 548.021 Applications for licenses and permits.--
4 (1) An application for a license or a permit must:
5 (a)(1) Be in writing on a form supplied by the
6 commission which shall contain the applicant's social security
7 number.
8 (b)(2) Be verified by the applicant.
9 (c)(3) Be complete and have attached to the
10 application any photographs and other exhibits required.
11 (2)(4) Pursuant to the federal Personal Responsibility
12 and Work Opportunity Reconciliation Act of 1996, each party is
13 required to provide his or her social security number in
14 accordance with this section. Disclosure of social security
15 numbers obtained through this requirement shall be limited to
16 the purpose of administration of the Title IV-D program for
17 child support enforcement.
18 (3) Any person who seeks to obtain a license by means
19 of a knowingly false or fraudulent representation made in any
20 application or who otherwise knowingly makes false statements
21 concerning her or his medical history, boxing record, or other
22 personal information commits a misdemeanor of the second
23 degree, punishable as provided in s. 775.082 or s. 775.083.
24 Section 134. Section 548.024, Florida Statutes, is
25 created to read:
26 548.024 Background investigation of applicants for
27 licensure.--
28 (1) The commission is authorized to adopt rules
29 pursuant to ss. 120.536(1) and 120.54 which provide for
30 background investigations of applicants for licensure under
31 this chapter for the purpose of ensuring the accuracy of the
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1 information provided in the application; ensuring that there
2 are no active or pending criminal or civil indictments against
3 the applicant; and ensuring satisfaction of all other
4 requirements of this chapter. The background investigation may
5 include, but is not limited to, the criminal and financial
6 history of the applicant.
7 (2) If the commission requires a background criminal
8 history investigation of any applicant, it shall require the
9 applicant to submit to the department a fingerprint card for
10 this purpose. The fingerprint card shall be forwarded to the
11 Division of Criminal Justice Information Systems within the
12 Department of Law Enforcement and the Federal Bureau of
13 Investigation for purposes of processing the fingerprint card
14 to determine if the applicant has a criminal history record.
15 The information obtained by the processing of the fingerprint
16 card by the Department of Law Enforcement and the Federal
17 Bureau of Investigation shall be sent to the department for
18 the purpose of determining if the applicant is statutorily
19 qualified for licensure.
20 Section 135. Section 548.028, Florida Statutes, is
21 amended to read:
22 548.028 Refusal to issue license.--The commission
23 shall not issue a license to:
24 (1) Any person or business entity that who in any
25 jurisdiction has been convicted of any act, or who has a
26 trustee, partner, officer, director, or owner that has been
27 convicted of any act, which would constitute a violation of
28 this chapter or which would constitute any of the grounds set
29 forth in this chapter for suspension or revocation of a
30 license or against whom such charges are pending before any
31 regulatory body; or
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1 (2) Any person or business entity that who has been
2 named in any an information or indictment, or who has a
3 trustee, partner, officer, director, or owner that has been
4 named in an information or indictment, for any act which would
5 constitute a violation of this chapter or a ground for
6 suspension or revocation of a license.
7 Section 136. Section 548.041, Florida Statutes, is
8 amended to read:
9 (Substantial rewording of section. See
10 s. 548.041, F.S., for present text.)
11 548.041 Age, condition, and suspension of boxers.--
12 (1) A person shall not be licensed as a participant,
13 and the license of any participant shall be suspended or
14 revoked, if such person:
15 (a) Is under the age of 18;
16 (b) Has participated in a match in this state which
17 was not sanctioned by the commission or sanctioned by a Native
18 American commission properly constituted under federal law; or
19 (c) Does not meet certain health and medical
20 examination conditions as required by rule of the commission.
21 (2)(a) A participant losing by knockout as a result of
22 being counted out in any jurisdiction shall be automatically
23 suspended for a period of time as determined by the attending
24 physician or commission representative, or 60 calendar days
25 from the date of the knockout, whichever is longer. A
26 participant shall not engage in any match, contact exhibition,
27 or contact sparring for training purposes during the
28 suspension period. After the suspension period and prior to
29 engaging in any match, contact exhibition, or contact sparring
30 for training purposes, the participant shall be examined by a
31 physician. The participant shall advise the physician of the
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1 previous knockout or technical draw and shall provide medical
2 records or his or her permission for the physician to consult
3 with the treating physician at the time of the previous
4 knockout or technical draw. The results of this examination
5 shall be filed with the commission prior to any further
6 matches being approved for the participant.
7 (b) A participant losing by technical knockout,
8 technical draw, or disqualification shall be automatically
9 suspended for a period of time to be determined by the
10 physician or commission representative, or 30 calendar days
11 from the date of the technical knockout, technical draw, or
12 disqualification, whichever is longer. A participant shall not
13 engage in any match, contact exhibition, or contact sparring
14 for training purposes during the suspension period without the
15 approval of the physician. After the suspension period and
16 prior to engaging in any match, contact exhibition, or contact
17 sparring for training purposes, the participant shall be
18 examined by a physician. The participant shall advise the
19 physician of the previous knockout or technical draw and shall
20 provide medical records or his or her permission for the
21 physician to consult with the treating physician at the time
22 of the previous knockout or technical draw. The results of
23 this examination shall be filed with the commission prior to
24 any further matches being approved for the participant. In the
25 case of a disqualification, the commission representative
26 shall determine whether a medical clearance shall be required
27 following suspension.
28 (c) Any participant who has been suspended by any
29 state as a result of a recent knockout or series of
30 consecutive losses, an injury, requirement for a medical
31 procedure, physician denial of certification, failure of a
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1 drug test, the use of false aliases, or the falsifying or
2 attempting to falsify official identification cards or
3 documents shall not be permitted to participate in this state
4 until such time as the state in which the participant is
5 suspended removes his or her name from the suspension list or
6 until the requirements of such suspension have been fulfilled
7 and proof of such has been provided to this state. If a
8 participant has been suspended in another state for any reason
9 other than those stated in this paragraph, the participant may
10 be permitted to participate if the state in which the
11 participant is suspended is notified and consulted with by
12 this state prior to the granting of approval to participate or
13 the participant appeals to the Association of Boxing
14 Commissions and the association determines that the suspension
15 of such participant was without sufficient grounds, for an
16 improper purpose, or not related to the health and safety of
17 the participant.
18 (d) Any participant who fails to appear at a match or
19 fails to appear at a match at the designated time for which
20 the participant or the participant's manager has contracted
21 and does not provide a valid reason or, in the case of
22 physical disability, furnish a physician's certificate, shall
23 be suspended for a period to be determined by the commission
24 or shall be fined or both, as determined by the commission.
25 (e) The license of any participant shall be revoked
26 and shall not be reinstated if such participant intentionally
27 strikes, strikes at, or touches in any way or threatens to
28 touch in any way, any official.
29 Section 137. Subsection (4) is added to section
30 548.043, Florida Statutes, to read:
31 548.043 Weights and classes, limitations; gloves.--
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1 (4) Participants in a match shall be weighed on the
2 same scale at a time and place to be determined by the
3 commission or a commission representative. The weigh-in shall
4 be conducted in the presence of the opponent of the
5 participant and a commission representative. If a participant
6 fails to arrive at the weigh-in at the scheduled time and
7 place, the opponent of the late-arriving participant will be
8 permitted to be weighed without the late-arriving participant
9 present. The participant who arrived at the weigh-in on time
10 shall not lose his right of observing the weighing in of his
11 opponent. The weigh-in shall occur no sooner than 4:00 p.m.
12 on the day preceding the date of the program of matches or at
13 such other time as designated by the commission or commission
14 representative.
15 Section 138. Section 548.046, Florida Statutes, is
16 amended to read:
17 548.046 Physician's attendance at match; examinations;
18 cancellation of match.--
19 (1) The commission, or the commission representative,
20 shall assign to each match at least one a physician who shall
21 observe the physical condition of the participants and advise
22 the commissioner or commission representative deputy in charge
23 and the referee of the participants' conditions before, and
24 during, and after the match. The commission shall establish a
25 schedule of fees for the physician's services. The
26 physician's fee shall be paid by the promoter of the match
27 attended by the physician. The physician shall be considered
28 an agent of the commission in determining the state insurance
29 coverage and sovereign immunity protection applicability of
30 ss. 284.31 and 768.28.
31 (2)(a) In addition to any other required examination,
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1 each participant shall be examined by the attending physician
2 at the time of weigh-in. If the physician determines that a
3 participant is physically or mentally unfit to proceed, the
4 physician shall notify any commissioner or the commission
5 representative who shall immediately cancel the match. The
6 examination shall conform to rules adopted by the commission
7 based on the advice of the medical advisory council. The
8 result of the examination shall be reported in a writing
9 signed by the physician and filed with the commission prior to
10 completion of the weigh-in.
11 (b) The commission may require, by rule, each
12 participant to present to the commission representative at the
13 time of the weigh-in an original copy of blood test results
14 which demonstrate whether the participant is free from any
15 communicable disease. If the rules of the commission require
16 the presentation of such results and the blood test results
17 are not presented as required by commission rule or reveal the
18 participant has a communicable disease, the commission
19 representative shall immediately cancel the match. The
20 commission may adopt, by rule, protocols and procedures for
21 the blood tests and the cancellation of a match, a list of
22 communicable diseases covered by this paragraph, and a time
23 period within which the blood test must be taken prior to the
24 match.
25 (3)(a) In a match which is a sanctioned championship
26 title fight, or whenever the commission representative has
27 reason to believe that a participant has ingested or used a
28 prohibited drug or foreign substance, the commission
29 representative shall request and the participant shall
30 provide, under the supervision of the attending physician,
31 commission representative, or inspector, a sample or samples
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1 of his or her urine taken not less than 1 hour before the
2 commencement of the match nor more than 1 hour after the
3 conclusion of the match. No participant shall use substances
4 or methods which could alter the integrity of the urine
5 sample. Urine samples shall be taken in accordance with the
6 protocol as agreed upon in writing between the commission and
7 the laboratory used for processing the urine samples.
8 (b) The commission may require urine samples, as
9 provided in paragraph (a), to be conducted randomly. In the
10 event one participant in a match is tested randomly, then the
11 other participant in the match shall be tested also.
12 (c) Failure or refusal to provide a urine sample
13 immediately upon request shall result in the revocation of the
14 participant's license. Any participant who has been adjudged
15 the loser of a match and who subsequently refuses to or is
16 unable to provide a urine sample shall forfeit his or her
17 share of the purse to the commission. Any participant who is
18 adjudged the winner of a match and who subsequently refuses to
19 or is unable to provide a urine sample shall forfeit the win
20 and shall not be allowed to engage in any future match in
21 Florida. A no decision result shall be entered into the
22 official record as the result of the match. The purse shall be
23 redistributed as though the participant found to be in
24 violation of this subsection had lost the match. If
25 redistribution of the purse is not necessary or after
26 redistribution of the purse is completed, the participant
27 found to be in violation of this subsection shall forfeit his
28 or her share of the purse to the commission.
29 (4) The attending physician or physicians shall
30 provide medical assistance at the facility, to the commission
31 representative, and medical advice to the referee during the
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 match, and shall be accorded the cooperation of all commission
2 representatives and licensees present for the purpose of
3 performing his or her medical duties. If, in the opinion of
4 the attending physician, the referee has received an injury
5 which prohibits the referee from continuing to officiate, the
6 physician shall notify the commission representative who shall
7 temporarily halt the match. The injured referee shall be
8 attended to by the physician until the referee is no longer in
9 danger or has been transferred to the care of another
10 qualified person. The commission representative shall then
11 direct the match to continue under the supervision of the
12 referee or under the supervision of another referee, if the
13 referee is unable to continue.
14 Section 139. Section 548.049, Florida Statutes, is
15 amended to read:
16 548.049 Medical, surgical, and hospital insurance;
17 life insurance.--
18 (1) The commission shall, by rule, require
19 participants to be covered by not less than $20,000 $2,500 of
20 insurance for medical, surgical, and hospital care required as
21 a result of injuries sustained while engaged in matches. The
22 insured shall be the beneficiary of such policies. Any
23 deductible associated with the insurance policy shall be paid
24 by the promoter and shall not be paid by or charged to the
25 participant.
26 (2) The commission may also require participants to be
27 covered by not less than $20,000 $5,000 of life insurance
28 covering deaths caused by injuries received while engaged in
29 matches.
30 Section 140. Subsection (1) of section 548.05, Florida
31 Statutes, is amended to read:
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 548.05 Control of contracts.--
2 (1) The commission shall adopt rules governing the
3 form and content of contracts executed in this state between
4 managers between promoters, foreign copromoters, and
5 professionals. All such contracts shall be in writing and
6 shall contain all provisions specifically worded as required
7 by rules of the commission. Contracts which do not contain all
8 provisions specifically worded as required by rules of the
9 commission shall be deemed to contain such provisions. A copy
10 of all such contracts shall be filed with the commission
11 within 7 calendar days of execution.
12 Section 141. Subsections (6) through (11) are added to
13 section 548.057, Florida Statutes, to read:
14 548.057 Attendance of Referee and judges; attendance
15 at match; scoring; seconds.--
16 (6) No judge licensed in this state shall act as a
17 judge at any match in a state, territory, commonwealth, or
18 Native American Reservation that is not regulated by a state
19 boxing commission unless the match is supervised by a state
20 boxing commission or a Native American commission properly
21 constituted under federal law.
22 (7) No judge shall also serve as a supervisor or on
23 the ratings committee or recommend boxers to the ratings
24 committee for a sanctioning body.
25 (8) Any person whose application for a judge's license
26 has been denied shall not be permitted to reapply for a
27 judge's license for a period of 6 months. Any person whose
28 application for a judge's license has been denied on three
29 occasions shall not be permitted to reapply.
30 (9) The number of judges shall be assigned in
31 accordance with rules of the commission. The number of
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 unofficial judges at each event shall be limited to three by
2 the commission.
3 (10) The judges shall be located in seats designated
4 for them by the commission representative.
5 (11) In the event that sufficient judges are not
6 available, a referee shall be selected to act as a judge for
7 that specific program of matches.
8 Section 142. Present subsections (2) and (3) of
9 section 548.06, Florida Statutes, are renumbered as
10 subsections (5) and (6), respectively, and new subsections
11 (2), (3), and (4) are added to said section to read:
12 548.06 Payments to state; exemptions.--
13 (2) Where the rights to telecast a match or matches
14 held in Florida to be viewed in Florida or outside of Florida
15 are in whole owned by, sold to, acquired by, or held by any
16 person who intends to sell, subsequently sells, or, in some
17 other manner, extends such rights in part to another, such
18 person is deemed to be a promoter and must be licensed as such
19 in this state. Such person shall, within 72 hours after the
20 match, file with the commission a written report that includes
21 the number of tickets sold, the amount of gross receipts, and
22 any other facts the commission may require.
23 (3) A concessionaire shall, within 72 hours after the
24 match, file with the commission a written report that includes
25 the number of tickets sold, the amount of gross receipts, and
26 any other facts the commission may require.
27 (4) Any written report required to be filed with the
28 commission under this section shall be postmarked within 72
29 hours after the conclusion of the match, and an additional 5
30 days shall be allowed for mailing.
31 Section 143. Section 548.074, Florida Statutes, is
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Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 amended to read:
2 548.074 Power to administer oaths, take depositions,
3 and issue subpoenas.--For the purpose of any investigation or
4 proceeding conducted pursuant to this chapter, the department
5 shall have the power to administer oaths, take depositions,
6 make inspections when authorized by statute, issue subpoenas
7 which shall be supported by affidavit, serve subpoenas and
8 other process, and compel the attendance of witnesses and the
9 production of books, papers, documents, and other evidence.
10 The department shall exercise this power on its own initiative
11 or whenever requested by the commission. Challenges to, and
12 enforcement of, subpoenas and orders shall be handled as
13 provided in s. 120.569. In addition to the powers of subpoena
14 in chapter 120, each member of the commission may issue
15 subpoenas requiring the attendance and testimony of, or the
16 production of books and papers by, any person whom the
17 commission believes to have information or documents of
18 importance to any commission investigation.
19 Section 144. Section 548.075, Florida Statutes, is
20 amended to read:
21 548.075 Administrative fines; citations.--
22 (1) The commission may impose a fine of not more than
23 $5,000 for any violation of this chapter in lieu of or in
24 addition to any other punishment provided for such violation.
25 (2) The commission may adopt rules pursuant to ss.
26 120.54 and 120.536(1) to permit the issuance of citations for
27 any violation of this chapter in lieu of or in addition to any
28 other punishment provided for such violation.
29 Section 145. Section 548.045, Florida Statutes, is
30 repealed.
31 Section 146. Except as otherwise expressly provided in
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 this act, this act shall take effect October 1, 2001.
2
3
4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 Delete everything before the enacting clause
7
8 and insert:
9 A bill to be entitled
10 An act relating to the Department of Business
11 and Professional Regulation; amending s.
12 20.165, F.S.; renaming the Division of Florida
13 Land Sales, Condominiums, and Mobile Homes as
14 the Division of Condominiums, Timeshare, and
15 Mobile Homes; including reference to the Board
16 of Barbering and Cosmetology; revising minimum
17 requirements for the number of consumer members
18 on professional licensing boards; repealing
19 provisions relating to the transfer of board
20 locations; amending ss. 326.001, 326.002,
21 326.003, 326.004, 326.006, F.S.; transferring
22 the regulation of yacht and ship brokers and
23 salespersons from the Division of Florida Land
24 Sales, Condominiums, and Mobile Homes to the
25 Division of Professions; revising provisions
26 relating to criminal history checks and
27 administrative and civil penalties; requiring
28 that all funds collected pursuant to such
29 regulation be deposited into the Professional
30 Regulation Trust Fund; revising references;
31 amending s. 399.061, F.S.; revising provisions
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 relating to the inspection of elevators;
2 amending s. 455.213, F.S.; providing for the
3 content of licensure and renewal documents;
4 providing for the electronic submission of
5 information to the department; providing that
6 all legal obligations must be met before the
7 issuance or renewal of a license; amending s.
8 455.224, F.S.; authorizing any division of the
9 department to issue citations in the
10 enforcement of its regulatory provisions in
11 accordance with the provisions established for
12 such purposes for the regulation of
13 professions; amending ss. 468.401, 468.402,
14 468.403, 468.404, 468.406, 468.407, 468.410,
15 468.412, 468.413, 468.414, 468.415, F.S.;
16 providing for registration of talent agencies
17 in lieu of licensure; conforming provisions;
18 providing penalties; repealing ss. 468.405 and
19 468.408, F.S., relating to qualification for
20 talent agency license and bonding requirements;
21 amending s. 468.609, F.S.; authorizing direct
22 supervision by building code administrators by
23 telecommunications devices in certain
24 localities and under specified circumstances;
25 amending s. 468.627, F.S.; requiring the
26 payment of costs for certain building code
27 enforcement applicants who fail to appear for
28 scheduled examinations, subject to waiver in
29 case of hardship; amending s. 471.025, F.S.;
30 allowing for more than one type of seal to be
31 used by professional engineers; amending s.
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 472.003, F.S.; providing exemption from ch.
2 472, F.S., relating to land surveying and
3 mapping, for certain subordinate employees;
4 revising cross-references; amending s. 472.005,
5 F.S.; revising and providing definitions;
6 revising cross-references; amending s. 472.029,
7 F.S.; revising provisions relating to access to
8 lands of others for surveying or mapping
9 purposes; providing applicability to
10 subordinates; requiring certain notice;
11 amending s. 810.12, F.S.; revising provisions
12 relating to trespass, to conform; amending ss.
13 472.001, 472.011, 472.015, 472.021, 472.027,
14 472.031, 472.037, F.S.; revising
15 cross-references; amending s. 475.01, F.S.;
16 clarifying that chapter 475 is applicable to
17 brokers acting as trustees or fiduciaries;
18 amending s. 476.034, F.S.; redefining the term
19 "board"; amending s. 476.054, F.S.; creating
20 the Board of Barbering and Cosmetology;
21 providing certain compensation; requiring an
22 oath and providing for a certificate of
23 appointment; providing for officers, meetings,
24 and quorum; amending s. 476.064, F.S.;
25 conforming provisions; amending ss. 476.014,
26 476.074, 476.154, 476.194, 476.214, 476.234,
27 F.S.; revising references; amending s. 477.013,
28 F.S.; defining the term "board"; repealing s.
29 477.015, F.S., relating to the Board of
30 Cosmetology; abolishing the Barbers' Board and
31 the Board of Cosmetology; providing for
196
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 appointment of all members of the Board of
2 Barbering and Cosmetology to staggered terms;
3 providing savings clauses for rules and legal
4 actions; amending s. 477.019, F.S.; revising
5 requirements related to continuing education
6 providers and courses; eliminating a
7 requirement for refresher courses and
8 examinations for failure of cosmetology
9 licensees to comply with continuing education
10 requirements; amending s. 477.026, F.S.;
11 providing authority for registration renewal
12 and delinquent fees for hair braiders, hair
13 wrappers, and body wrappers; amending s.
14 481.209, F.S.; revising requirements relating
15 to education for licensure as an architect;
16 amending s. 481.223, F.S.; providing for
17 injunctive relief for certain violations
18 relating to architecture and interior design;
19 amending s. 489.107, F.S.; reducing the number
20 of members on the Construction Industry
21 Licensing Board; creating s. 489.1133, F.S.;
22 providing for temporary certificates and
23 registrations; amending s. 489.115, F.S.;
24 eliminating references to divisions of the
25 Construction Industry Licensing Board; amending
26 s. 489.118, F.S.; revising grandfathering
27 provisions for certification of registered
28 contractors to qualify persons holding certain
29 registered local specialty licenses; repealing
30 s. 489.507(6), F.S., to delete a duplicate
31 provision relating to appointment of committees
197
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 of the Construction Industry Licensing Board
2 and the Electrical Contractors' Licensing Board
3 for the purpose of meeting jointly twice each
4 year; requiring the Electrical Contractors'
5 Licensing Board to develop a plan to reduce its
6 annual operating budget by a specified amount
7 and submit such plan to the department by a
8 specified date; amending s. 489.511, F.S.;
9 revising provisions relating to licensure as an
10 electrical or alarm system contractor by
11 endorsement; amending s. 489.537, F.S.;
12 revising the power of municipalities and
13 counties with respect to regulating electrical
14 journeymen; amending ss. 498.005, 498.019,
15 498.049, F.S.; reassigning the regulation of
16 land sales from the Division of Florida Land
17 Sales, Condominiums, and Mobile Homes to the
18 Division of Real Estate; requiring all funds
19 collected by the department pursuant to the
20 regulation of land sales to be deposited in the
21 Professional Regulation Trust Fund; amending s.
22 190.009, F.S.; conforming terminology; amending
23 ss. 718.103, 718.105, 718.112, 718.1255,
24 718.501, 718.502, 718.504, 718.508, 718.509,
25 718.608, 719.103, 719.1255, 719.501, 719.502,
26 719.504, 719.508, 719.608, 721.05, 721.07,
27 721.08, 721.26, 721.28, 721.301, 721.50,
28 721.82, 721.84, 723.003, 723.006, 723.0065,
29 723.009, F.S.; renaming the Division of Florida
30 Land Sales, Condominiums, and Mobile Homes as
31 the Division of Condominiums, Timeshare, and
198
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 Mobile Homes; renaming the Division of Florida
2 Land Sales, Condominiums, and Mobile Homes
3 Trust Fund as the Division of Condominiums,
4 Timeshare, and Mobile Homes Trust Fund;
5 conforming provisions; revising language with
6 respect to condominium association bylaws;
7 revising language with respect to the annual
8 budget; providing for reserves under certain
9 circumstances; providing and limiting
10 arbitration of disputes by the division to
11 those regarding elections and the recall of
12 board members; deleting reference to voluntary
13 mediation; providing for the resolution of
14 certain other complaints at the local level;
15 providing exemptions; providing for expedited
16 handling of election disputes; requiring the
17 continuation of arbitration of cases filed by a
18 certain date; providing a contingent
19 appropriation; providing division enforcement
20 powers and duties; providing for injunction,
21 restitution, and civil penalties; providing
22 certain immunity; providing for use of certain
23 documents as evidence; providing for certain
24 notice; providing for intervention in suits;
25 locating the executive offices of the division
26 in Tallahassee; authorizing branch offices;
27 providing for adoption and use of a seal;
28 providing applicability to specified chapters
29 of the Florida Statutes; amending s. 721.82,
30 F.S.; redefining the term "registered agent";
31 amending s. 721.84, F.S.; providing for
199
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 appointment of a successor registered agent;
2 amending ss. 73.073, 192.037, 213.053, 215.20,
3 380.0651, 455.116, 475.455, 509.512, 559.935,
4 F.S.; conforming terminology; amending s.
5 468.452, F.S.; revising definitions; amending
6 s. 468.453, F.S.; revising licensure
7 requirements; providing for service of process
8 on nonresident agents; providing for temporary
9 licenses; deleting a bond requirement;
10 providing for reciprocity; amending s. 468.454,
11 F.S.; revising contract requirements; providing
12 for cancellation of contracts; amending s.
13 468.456, F.S.; providing for increased
14 administrative fines; amending s. 468.45615,
15 F.S.; providing additional criminal penalties
16 for certain acts; amending s. 468.4562, F.S.;
17 revising provisions relating to civil remedies
18 available to colleges and universities for
19 violations of athlete agent regulations;
20 amending s. 468.4565, F.S.; revising business
21 record requirements; repealing s. 468.4563,
22 F.S., relating to authority to require
23 continuing education by athlete agents;
24 repealing s. 468.4564, relating to license
25 display requirements; amending s. 702.09, F.S.;
26 revising the definitions of the terms
27 "mortgage" and "foreclosure proceedings";
28 amending s. 718.104, F.S., revising language
29 with respect to declarations for the creation
30 of a condominium; amending s. 718.106, F.S.;
31 revising language with respect to appurtenances
200
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 that pass with a condominium unit; amending s.
2 718.110, F.S.; revising language with respect
3 to amendments to a declaration of condominium;
4 amending s. 718.111, F.S.; revising language
5 with respect to the association; amending s.
6 718.112, F.S.; revising language with respect
7 to bylaws; amending s. 718.113, F.S.; revising
8 language with respect to material alterations
9 of common elements or association real property
10 operated by a multicondominium association;
11 amending s. 718.115, F.S.; revising language
12 with respect to common expenses; amending s.
13 718.405, F.S.; revising language with respect
14 to multicondominiums and multicondominium
15 associations; amending s. 718.503, F.S.,
16 relating to disclosure requirements for the
17 sale of certain condominiums; removing the
18 requirement that question and answer sheets be
19 part of the closing documents; amending s.
20 718.504, F.S.; revising language with respect
21 to the prospectus or offering circular;
22 amending s. 548.002, F.S.; providing
23 definitions; authorizing the Florida State
24 Boxing Commission to require the posting of a
25 bond or other form of security by
26 concessionaires; amending s. 548.015, F.S.;
27 authorizing the Florida State Boxing Commission
28 to require surety bonds or other forms of
29 security; amending s. 548.003, F.S.; requiring
30 one member of the Florida State Boxing
31 Commission to be a licensed physician;
201
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 providing additional duties and
2 responsibilities of the Florida State Boxing
3 Commission; requiring the Florida State Boxing
4 Commission to make recommendations with respect
5 to unregulated and unsanctioned boxing
6 competition; amending s. 548.017, F.S.;
7 providing requirements for ringside physicians;
8 requiring concessionaires to be licensed;
9 amending s. 548.021, F.S.; providing a criminal
10 penalty for attempting to obtain a license by
11 means of fraudulent information; creating s.
12 548.024, F.S.; authorizing the Florida State
13 Boxing Commission to adopt rules which provide
14 for background investigations of applicants for
15 licensure; providing for the submission of
16 fingerprint cards; providing procedure for
17 processing fingerprint cards; amending s.
18 548.028, F.S.; expanding provisions with
19 respect to persons whom the Florida State
20 Boxing Commission shall not license; amending
21 s. 548.041, F.S.; providing requirements and
22 restrictions with respect to age, condition,
23 and suspension of boxers; providing for
24 revocation of license under specified
25 circumstances; amending s. 548.043, F.S.;
26 providing requirements and procedure for the
27 weighing of participants in a boxing match;
28 amending s. 548.046, F.S.; revising provisions
29 with respect to physicians' attendance at
30 boxing matches; providing state insurance
31 coverage and sovereign immunity protection for
202
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 assigned physicians; requiring the provision of
2 urine samples by participants under specified
3 circumstances; providing for revocation of
4 license for failure or refusal to provide a
5 required urine sample; providing conditions
6 with respect to forfeiture and redistribution
7 of purse upon failure or refusal to provide a
8 required urine sample; specifying authority of
9 physicians at boxing matches; providing
10 procedure in the event of injury of a referee;
11 authorizing blood tests of participants prior
12 to a match; providing for cancellation of the
13 match for a test showing the presence of a
14 communicable disease or for failure to present
15 blood test results, if required; authorizing
16 the Florida State Boxing Commission to adopt
17 rules relating to blood tests; amending s.
18 548.049, F.S.; increasing the minimum coverage
19 amount of required insurance for participants
20 in boxing matches; requiring promoters to pay
21 any deductible for such insurance policy;
22 amending s. 548.05, F.S.; providing additional
23 requirements with respect to contracts between
24 managers and professionals; amending s.
25 548.057, F.S.; placing specified restrictions
26 on judges of boxing matches; providing
27 requirements with respect to number and
28 location of judges; amending s. 548.06, F.S.;
29 revising provisions relating to promoters and
30 payments to the state; amending s. 548.074,
31 F.S.; providing that the department shall have
203
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SENATE AMENDMENT
Bill No. CS for SB 2210
Amendment No. ___ Barcode 690828
1 the power to administer oaths, take
2 depositions, make inspections, serve subpoenas,
3 and compel the attendance of witnesses and
4 other evidence; amending s. 548.075, F.S.;
5 authorizing the Florida State Boxing Commission
6 to adopt rules to permit the issuance of
7 citations; repealing s. 548.045, F.S., relating
8 to the creation, qualifications, compensation,
9 and powers and duties of the medical advisory
10 council; providing effective dates.
11
12
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15
16
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