SENATE AMENDMENT
    Bill No. CS for SB 348, 1st Eng.
    Amendment No. ___   Barcode 843900
                            CHAMBER ACTION
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11  Senator Campbell moved the following substitute for amendment
12  (493372):
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (7) is repealed and paragraph
19  (d) of subsection (2), paragraph (a) of subsection (4), and
20  subsection (6) of section 20.165, Florida Statutes, are
21  amended to read:
22         20.165  Department of Business and Professional
23  Regulation.--There is created a Department of Business and
24  Professional Regulation.
25         (2)  The following divisions of the Department of
26  Business and Professional Regulation are established:
27         (d)  Division of Florida Land Sales, Condominiums,
28  Timeshare, and Mobile Homes.
29         (4)(a)  The following boards are established within the
30  Division of Professions:
31         1.  Board of Architecture and Interior Design, created
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SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 under part I of chapter 481. 2 2. Florida Board of Auctioneers, created under part VI 3 of chapter 468. 4 3. Barbers' Board of Barbering and Cosmetology, 5 created under chapter 476. 6 4. Florida Building Code Administrators and Inspectors 7 Board, created under part XII of chapter 468. 8 5. Construction Industry Licensing Board, created 9 under part I of chapter 489. 10 6. Board of Cosmetology, created under chapter 477. 11 6.7. Electrical Contractors' Licensing Board, created 12 under part II of chapter 489. 13 7.8. Board of Employee Leasing Companies, created 14 under part XI of chapter 468. 15 8.9. Board of Funeral Directors and Embalmers, created 16 under chapter 470. 17 9.10. Board of Landscape Architecture, created under 18 part II of chapter 481. 19 10.11. Board of Pilot Commissioners, created under 20 chapter 310. 21 11.12. Board of Professional Engineers, created under 22 chapter 471. 23 12.13. Board of Professional Geologists, created under 24 chapter 492. 25 13.14. Board of Professional Surveyors and Mappers, 26 created under chapter 472. 27 14.15. Board of Veterinary Medicine, created under 28 chapter 474. 29 (6) Each board with five or more than seven members 30 shall have at least two consumer members who are not, and have 31 never been, members or practitioners of the profession 2 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 regulated by such board or of any closely related profession. 2 Each board with seven or fewer than five members shall have at 3 least one consumer member who is not, and has never been, a 4 member or practitioner of the profession regulated by such 5 board or of any closely related profession. 6 (7) No board, with the exception of joint 7 coordinatorships, shall be transferred from its present 8 location unless authorized by the Legislature in the General 9 Appropriations Act. 10 Section 2. Section 326.001, Florida Statutes, is 11 amended to read: 12 326.001 Short title.--This chapter Sections 13 326.001-326.006 may be cited as the "Yacht and Ship Brokers' 14 Act." 15 Section 3. Section 326.002, Florida Statutes, is 16 amended to read: 17 326.002 Definitions.--As used in this chapter ss. 18 326.001-326.006, the term: 19 (1) "Broker" means a person who, for or in expectation 20 of compensation: sells, offers, or negotiates to sell; buys, 21 offers, or negotiates to buy; solicits or obtains listings of; 22 or negotiates the purchase, sale, or exchange of, yachts for 23 other persons. 24 (2) "Department" "Division" means the Division of 25 Florida Land Sales, Condominiums, and Mobile Homes of the 26 Department of Business and Professional Regulation. 27 (3) "Salesperson" means a person who, for or in 28 expectation of compensation, is employed by a broker to 29 perform any acts of a broker. 30 (4) "Yacht" means any vessel which is propelled by 31 sail or machinery in the water which exceeds 32 feet in 3 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 length, and which weighs less than 300 gross tons. 2 (5) "Person" means an individual, partnership, firm, 3 corporation, association, or other entity. 4 Section 4. Section 326.003, Florida Statutes, is 5 amended to read: 6 326.003 Administration.--The department division 7 shall: 8 (1) Administer ss. 326.001-326.006 and collect fees 9 sufficient to administer this chapter ss. 326.001-326.006. 10 (2) Adopt rules pursuant to ss. 120.536(1) and 120.54 11 necessary to administer this chapter implement ss. 12 326.001-326.006 and to classify brokers and salespersons and 13 regulate their activities. 14 (3) Enforce the provisions of this chapter ss. 15 326.001-326.006 against any person who operates as a broker or 16 salesperson without a license. 17 Section 5. Section 326.004, Florida Statutes, is 18 amended to read: 19 326.004 Licensing.-- 20 (1) A person may not act as a broker or salesperson 21 unless licensed under the Yacht and Ship Brokers' Act. The 22 department division shall adopt rules establishing a procedure 23 for the biennial renewal of licenses. 24 (2) A broker may not engage in business as a broker 25 under a fictitious name unless his or her license is issued in 26 such name. 27 (3) A license is not required for: 28 (a) A person who sells his or her own yacht. 29 (b) An attorney at law for services rendered in his or 30 her professional capacity. 31 (c) A receiver, trustee, or other person acting under 4 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 a court order. 2 (d) A transaction involving the sale of a new yacht. 3 (e) A transaction involving the foreclosure of a 4 security interest in a yacht. 5 (4) Any person who purchases a used yacht for resale 6 must transfer title to such yacht into his or her name and 7 maintain the title or bill of sale in his or her possession to 8 be exempt from licensure. 9 (5) The department division by rule shall establish 10 fees for application, initial licensing, biennial renewal, and 11 reinstatement of licenses in an amount not to exceed $500. 12 The fees must be set in an amount that is adequate to 13 proportionately fund the expenses of the department division 14 in this chapter ss. 326.001-326.006. 15 (6) The department division may deny a license or 16 license renewal to any applicant who does not: 17 (a) Furnish proof satisfactory to the department 18 division that he or she is of good moral character. 19 (b) Certify that he or she has never been convicted of 20 a felony. 21 (c) Post the bond required by the Yacht and Ship 22 Brokers' Act. 23 (d) Demonstrate that he or she is a resident of this 24 state or that he or she conducts business in this state. 25 (e) Furnish a full set of fingerprints taken within 26 the 6 months immediately preceding the submission of the 27 application. 28 (f) Have a current license and has operated as a 29 broker or salesperson without a license. 30 (7)(a) Before any license may be issued to a yacht or 31 ship broker, he or she must deliver to the department division 5 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 a good and sufficient surety bond or irrevocable letter of 2 credit, executed by the broker as principal, in the sum of 3 $25,000. 4 (b) Surety bonds and irrevocable letters of credit 5 must be in a form to be approved by the department division 6 and must be conditioned upon the broker complying with the 7 terms of any written contract made by such broker in 8 connection with the sale or exchange of any yacht or ship and 9 not violating any of the provisions of the Yacht and Ship 10 Brokers' Act in the conduct of the business for which he or 11 she is licensed. The bonds and letters of credit must be 12 delivered to the department division and in favor of any 13 person in a transaction who suffers any loss as a result of 14 any violation of the conditions in this chapter ss. 15 326.001-326.006. When the department division determines that 16 a person has incurred a loss as a result of a violation of the 17 Yacht and Ship Brokers' Act, it shall notify the person in 18 writing of the existence of the bond or letter of credit. The 19 bonds and letters of credit must cover the license period, and 20 a new bond or letter of credit or a proper continuation 21 certificate must be delivered to the department division at 22 the beginning of each license period. However, the aggregate 23 liability of the surety in any one year may not exceed the sum 24 of the bond or, in the case of a letter of credit, the 25 aggregate liability of the issuing bank may not exceed the sum 26 of the credit. 27 (c) Surety bonds must be executed by a surety company 28 authorized to do business in the state as surety, and 29 irrevocable letters of credit must be issued by a bank 30 authorized to do business in the state as a bank. 31 (d) Irrevocable letters of credit must be engaged by a 6 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 bank as an agreement to honor demands for payment as specified 2 in this section. 3 4 The security for a broker must remain on deposit for a period 5 of 1 year after he or she ceases to be a broker. 6 (8) A person may not be licensed as a broker unless he 7 or she has been a salesperson for at least 2 consecutive 8 years, and may not be licensed as a broker after October 1, 9 1990, unless he or she has been licensed as a salesperson for 10 at least 2 consecutive years. 11 (9) An applicant for a salesperson's license or its 12 renewal must deposit with the department division a bond or 13 equivalent securities in the sum of $10,000 subject to the 14 conditions in subsection (7). 15 (10) Upon a final judgment being rendered against a 16 yacht broker or salesperson for a violation of this chapter 17 ss. 326.001-326.006 which results in any action being 18 commenced on the bond or letter of credit, the department 19 division may require the filing of a new bond or letter of 20 credit and immediately on the recovery in any action on such 21 bond or letter of credit, the broker or salesperson involved 22 must file a new bond or letter of credit. His or her failure 23 to do so within 10 days constitutes grounds for the suspension 24 or revocation of his or her license. 25 (11) Any person injured by the fraud, deceit, or 26 willful negligence of any broker or salesperson or by the 27 failure of any broker or salesperson to comply with the Yacht 28 and Ship Brokers' Act or other law may file an action for 29 damages upon the respective bonds against the principals and 30 the surety. 31 (12) If a surety notifies the department division that 7 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 it is no longer the surety for a licensee, the department 2 division shall notify the licensee of such withdrawal by 3 certified mail, return receipt requested, addressed to the 4 licensee's principal office. Upon the termination of such 5 surety the licensee's license is automatically suspended until 6 he or she files a new bond with the department division. 7 (13) Each broker must maintain a principal place of 8 business in this state and may establish branch offices in the 9 state. A separate license must be maintained for each branch 10 office. The department division shall establish by rule a fee 11 not to exceed $100 for each branch office license. 12 (14)(a) Each license must be prominently displayed in 13 the office of the broker. 14 (b) Each salesperson's license must remain in the 15 possession of the employing broker until canceled or until the 16 salesperson leaves such employment. Immediately upon a 17 salesperson's withdrawal from the employment of a broker, the 18 broker must return the salesperson's license to the department 19 division for cancellation. 20 (15) The department division shall provide by rule for 21 the issuance of a temporary 90-day license to an applicant 22 while the Florida Department of Law Enforcement and the 23 Federal Bureau of Investigation conduct conducts a national 24 criminal history analysis of the applicant by means of 25 fingerprint identification. 26 Section 6. Section 326.006, Florida Statutes, is 27 amended to read: 28 326.006 Powers and duties of department division.-- 29 (1) Proceedings under the Yacht and Ship Brokers' Act 30 shall be conducted pursuant to chapter 120. 31 (2) The department may division has the power to 8 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 enforce and ensure compliance with the provisions of this 2 chapter and rules adopted under this chapter relating to the 3 sale and ownership of yachts and ships. In performing its 4 duties, the department division has the following powers and 5 duties: 6 (a) The department division may make necessary public 7 or private investigations within or outside this state to 8 determine whether any person has violated this chapter or any 9 rule or order issued under this chapter, to aid in the 10 enforcement of this chapter, or to aid in the adoption of 11 rules or forms under this chapter. 12 (b) The department division may require or permit any 13 person to file a statement in writing, under oath or 14 otherwise, as the department division determines, as to the 15 facts and circumstances concerning a matter to be 16 investigated. 17 (c) For the purpose of any investigation under this 18 chapter, the secretary of the department division director or 19 any officer or employee designated by the secretary division 20 director may administer oaths or affirmations, subpoena 21 witnesses and compel their attendance, take evidence, and 22 require the production of any matter that is relevant to the 23 investigation, including the existence, description, nature, 24 custody, condition, and location of any books, documents, or 25 other tangible things and the identity and location of persons 26 having knowledge of relevant facts or any other matter 27 reasonably calculated to lead to the discovery of material 28 evidence. Upon the failure by a person to obey a subpoena or 29 to answer questions propounded by the department investigating 30 officer and upon reasonable notice to all persons affected 31 thereby, the department division may apply to the circuit 9 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 court for an order compelling compliance, may impose a civil 2 penalty, and may suspend or revoke the licensee's license. 3 (d) Notwithstanding any remedies available to a yacht 4 or ship purchaser, if the department division has reasonable 5 cause to believe that a violation of any provision of this 6 chapter or rule adopted under this chapter has occurred, the 7 department division may institute enforcement proceedings in 8 its own name against any broker or salesperson or any of his 9 or her assignees or agents, or against any unlicensed person 10 or any of his or her assignees or agents, as follows: 11 1. The department division may permit a person whose 12 conduct or actions are under investigation to waive formal 13 proceedings and enter into a consent proceeding whereby 14 orders, rules, or letters of censure or warning, whether 15 formal or informal, may be entered against the person. 16 2. The department division may issue an order 17 requiring the broker or salesperson or any of his or her 18 assignees or agents, or requiring any unlicensed person or any 19 of his or her assignees or agents, to cease and desist from 20 the unlawful practice and take such affirmative action as in 21 the judgment of the department division will carry out the 22 purposes of this chapter. 23 3. The department division may bring an action in 24 circuit court on behalf of a class of yacht or ship purchasers 25 for declaratory relief, injunctive relief, or restitution. 26 4. The department division may impose a civil penalty 27 against a broker or salesperson or any of his or her assignees 28 or agents, or against an unlicensed person or any of his or 29 her assignees or agents, for any violation of this chapter or 30 a rule adopted under this chapter. A penalty may be imposed 31 for each day of continuing violation, but in no event may the 10 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 penalty for any offense exceed $10,000. All amounts collected 2 must be deposited with the Treasurer to the credit of the 3 Professional Regulation Division of Florida Land Sales, 4 Condominiums, and Mobile Homes Trust Fund. If a broker, 5 salesperson, or unlicensed person working for a broker, fails 6 to pay the civil penalty, the department division shall 7 thereupon issue an order suspending the broker's license until 8 such time as the civil penalty is paid or may pursue 9 enforcement of the penalty in a court of competent 10 jurisdiction. The order imposing the civil penalty or the 11 order of suspension may not become effective until 20 days 12 after the date of such order. Any action commenced by the 13 department division must be brought in the county in which the 14 department division has its executive offices or in the county 15 where the violation occurred. 16 (e) The department division may suspend or revoke the 17 license of a broker or salesperson who: 18 1. Makes a substantial and intentional 19 misrepresentation, with respect to a transaction involving a 20 yacht, upon which any person has relied. 21 2. Makes a false warranty, with respect to a 22 transaction involving a yacht, of a character likely to 23 influence, persuade, or induce any person with whom business 24 is transacted. 25 3. Engages in continued misrepresentation or makes 26 false warranties with respect to transactions involving a 27 yacht, whether or not relied upon by another person. 28 4. Acts for both the buyer and seller in a transaction 29 involving a yacht without the knowledge and written consent of 30 both parties. 31 5. Commingles the money or other property of his or 11 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 her principal with his or her own. 2 6. Commits fraud or dishonest acts in the conduct of 3 any transaction involving a yacht. 4 7. Allows an unlicensed person to use his or her name 5 to evade the provisions of the Yacht and Ship Brokers' Act. 6 8. Violates any law governing the transactions 7 involving a yacht, including any provision relating to the 8 collection or payment of sales or use taxes. 9 9. Engages in acts that are evidence of a lack of good 10 moral character. 11 10. Is convicted of a felony. 12 (f) The department division may suspend or revoke the 13 license of a broker or salesperson who has: 14 1. Procured a license for himself or herself or 15 another by fraud, misrepresentation, falsification, or deceit. 16 2. Been found guilty of a felony or a crime of moral 17 turpitude. 18 3. Had a license or registration revoked, suspended, 19 or sanctioned in another state. 20 (3) All fees must be deposited in the Professional 21 Regulation Division of Florida Land Sales, Condominiums, and 22 Mobile Homes Trust Fund as provided by law. 23 Section 7. The regulation of yacht and ship brokers 24 and salespersons is reassigned within the Department of 25 Business and Professional Regulation from the Division of 26 Florida Land Sales, Condominiums, and Mobile Homes to the 27 Division of Professions. All funds collected by the department 28 pursuant to the regulation of yacht and ship brokers and 29 salespersons and all funds in the account created within the 30 Florida Land Sales, Condominiums, and Mobile Homes Trust Fund 31 for such regulation shall be deposited in an account created 12 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 within the Professional Regulation Trust Fund for the same 2 purpose. 3 Section 8. Effective upon this act becoming a law, 4 section 399.061, Florida Statutes, is amended to read: 5 399.061 Inspections; correction of deficiencies.-- 6 (1)(a) All elevators or other conveyances subject to 7 this chapter must be annually inspected by a certified 8 elevator inspector through a third-party inspection service, 9 or by a municipality or county under contract with the 10 division pursuant to s. 399.13. If the elevator or other 11 conveyance is by a third-party inspection service certified as 12 a qualified elevator inspector or maintained pursuant to a 13 service maintenance contract continuously in force, it shall 14 be inspected at least once every two years by a certified 15 elevator inspector not employed by or otherwise associated 16 with the maintenance company; however, if the elevator is not 17 an escalator or a dumbwaiter and the elevator serves only two 18 adjacent floors and is covered by a service maintenance 19 contract, no inspection shall be required so long as the 20 service contract remains in effect. A statement verifying the 21 existence, performance, and cancellation of each service 22 maintenance contract must be filed annually with the division 23 as prescribed by rule. All elevators covered by a service 24 maintenance contract shall be inspected by a 25 certificate-of-competency holder at least once every 2 years; 26 however, if the elevator is not an escalator or a dumbwaiter 27 and the elevator serves only two adjacent floors and is 28 covered by a service maintenance contract, no inspection shall 29 be required so long as the service contract remains in effect. 30 (b) The division may inspect an elevator whenever 31 necessary to ensure its safe operation or when a third-party 13 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 inspection service is not available for routine inspection. 2 (2) The division may shall employ state elevator 3 inspectors to conduct the inspections as required by 4 subsection (1) and may charge an inspection fee for each 5 inspection sufficient to cover the costs of that inspection, 6 as provided by rule. Each state elevator inspector shall hold 7 a certificate of competency issued by the division. 8 (3) Whenever the division determines from the results 9 of any inspection that, in the interest of the public safety, 10 an elevator is in an unsafe condition, the division may seal 11 the elevator or order the discontinuance of the use of the 12 elevator until the division determines by inspection that such 13 elevator has been satisfactorily repaired or replaced so that 14 the elevator may be operated in a safe manner. 15 (4) When the division determines that an elevator is 16 in violation of this chapter, the division may issue an order 17 to the elevator owner requiring correction of the violation. 18 Section 9. Effective July 1, 2001, subsection (1) of 19 section 455.213, Florida Statutes, is amended, and subsections 20 (11) and (12) are added to that section, to read: 21 455.213 General licensing provisions.-- 22 (1) Any person desiring to be licensed shall apply to 23 the department in writing. The application for licensure shall 24 be made on a form prepared and furnished by the department and 25 include the applicant's social security number. 26 Notwithstanding any other provision of law, the department is 27 the sole authority for determining the content of any 28 documents to be submitted for initial licensure and licensure 29 renewal. Such documents may contain information including, as 30 appropriate demographics, education, work history, personal 31 background, criminal history, finances, business information, 14 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 complaints, inspections, investigations, discipline, bonding, 2 signature notarization, photographs, performance periods, 3 reciprocity, local government approvals, supporting 4 documentation, periodic reporting requirements, fingerprint 5 requirements, continuing education requirements, and ongoing 6 education monitoring. The application shall be supplemented as 7 needed to reflect any material change in any circumstance or 8 condition stated in the application which takes place between 9 the initial filing of the application and the final grant or 10 denial of the license and which might affect the decision of 11 the department. In order to further the economic development 12 goals of the state, and notwithstanding any law to the 13 contrary, the department may enter into an agreement with the 14 county tax collector for the purpose of appointing the county 15 tax collector as the department's agent to accept applications 16 for licenses and applications for renewals of licenses. The 17 agreement must specify the time within which the tax collector 18 must forward any applications and accompanying application 19 fees to the department. In cases where a person applies or 20 schedules directly with a national examination organization or 21 examination vendor to take an examination required for 22 licensure, any organization- or vendor-related fees associated 23 with the examination may be paid directly to the organization 24 or vendor. 25 (11) Any submission required to be in writing may be 26 made by electronic means. 27 (12) The department may not issue or renew a license 28 to any person who is not in compliance with all provisions of 29 a final order of a board or the department until that person 30 is in compliance with all terms and conditions of the final 31 order. The department may not issue or renew a license to any 15 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 person who is not in compliance with all legal obligations 2 under this chapter or the relevant practice act, including, 3 but not limited to, the obligation to pay all fees and 4 assessments that are owed and to complete all continuing 5 education requirements. This subsection applies to all 6 divisions within the department. 7 Section 10. Section 455.224, Florida Statutes, is 8 amended to read: 9 455.224 Authority to issue citations.-- 10 (1) Notwithstanding s. 455.225, the board or the 11 department shall adopt rules to permit the issuance of 12 citations. The citation shall be issued to the subject and 13 shall contain the subject's name and address, the subject's 14 license number if applicable, a brief factual statement, the 15 sections of the law allegedly violated, and the penalty 16 imposed. The citation must clearly state that the subject may 17 choose, in lieu of accepting the citation, to follow the 18 procedure under s. 455.225. If the subject disputes the matter 19 in the citation, the procedures set forth in s. 455.225 must 20 be followed. However, if the subject does not dispute the 21 matter in the citation with the department within 30 days 22 after the citation is served, the citation becomes a final 23 order and constitutes discipline. The penalty shall be a fine 24 or other conditions as established by rule. 25 (2) The board, or the department when there is no 26 board, shall adopt rules designating violations for which a 27 citation may be issued. Such rules shall designate as 28 citation violations those violations for which there is no 29 substantial threat to the public health, safety, and welfare. 30 (3) The department shall be entitled to recover the 31 costs of investigation, in addition to any penalty provided 16 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 according to board or department rule, as part of the penalty 2 levied pursuant to the citation. 3 (4) A citation must be issued within 6 months after 4 the filing of the complaint that is the basis for the 5 citation. 6 (5) Service of a citation may be made by personal 7 service or certified mail, restricted delivery, to the subject 8 at the subject's last known address. 9 (6) Within its jurisdiction, the department has 10 exclusive authority to, and shall adopt rules to, designate 11 those violations for which the licensee is subject to the 12 issuance of a citation and designate the penalties for those 13 violations if any board fails to incorporate this section into 14 rules by January 1, 1992. A board created on or after January 15 1, 1992, has 6 months in which to enact rules designating 16 violations and penalties appropriate for citation offenses. 17 Failure to enact such rules gives the department exclusive 18 authority to adopt rules as required for implementing this 19 section. A board has continuous authority to amend its rules 20 adopted pursuant to this section. 21 (7) Notwithstanding s. 455.017, any division within 22 the department may establish a citation program pursuant to 23 the provisions of this section in the enforcement of its 24 regulatory provisions. Any citation issued by a division 25 pursuant to this section must clearly state that the subject 26 may choose, in lieu of accepting the citation, to follow the 27 existing procedures established by law. If the subject does 28 not dispute the matter in the citation with the division 29 within 30 days after the citation is served, the citation 30 becomes a final order and constitutes discipline. The penalty 31 shall be a fine or other conditions as established by rule of 17 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 the appropriate division. 2 Section 11. Subsections (10) and (11) of section 3 468.401, Florida Statutes, are amended to read: 4 468.401 Regulation of talent agencies; 5 definitions.--As used in this part or any rule adopted 6 pursuant hereto: 7 (10) "Registration" "License" means a registration 8 license issued by the department of Business and Professional 9 Regulation to carry on the business of a talent agency under 10 this part. 11 (11) "Registrant" "Licensee" means a talent agency 12 that which holds a valid unrevoked and unforfeited 13 registration license issued under this part. 14 Section 12. Section 468.402, Florida Statutes, is 15 amended to read: 16 468.402 Operation of a talent agency Duties of the 17 department; authority to issue and revoke license; adoption of 18 rules.-- 19 (1) It is unlawful to have The department may take any 20 one or more of the actions specified in subsection (5) against 21 any person who has: 22 (a) Obtained or attempted to obtain a registration any 23 license by means of fraud, misrepresentation, or concealment. 24 (b) Violated any provision of this part, chapter 455, 25 any lawful disciplinary order of the department, or any rule 26 of the department. 27 (c) Been found guilty of, or entered a plea of nolo 28 contendere to, regardless of adjudication, a crime involving 29 moral turpitude or dishonest dealings under the laws of this 30 state or any other state or government. 31 (d) Made, printed, published, distributed, or caused, 18 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 authorized, or knowingly permitted the making, printing, 2 publication, or distribution of any false statement, 3 description, or promise of such a character as to reasonably 4 induce any person to act to his or her damage or injury, if 5 such statement, description, or promises were purported to be 6 performed by the talent agency and if the owner or operator 7 then knew, or by the exercise of reasonable care and inquiry, 8 could have known, of the falsity of the statement, 9 description, or promise. 10 (e) Knowingly committed or been a party to any 11 material fraud, misrepresentation, concealment, conspiracy, 12 collusion, trick, scheme, or device whereby any other person 13 lawfully relying upon the work, representation, or conduct of 14 the talent agency acts or has acted to his or her injury or 15 damage. 16 (f) Failed or refused upon demand to disclose any 17 information, as required by this part, within his or her 18 knowledge, or failed or refused to produce any document, book, 19 or record in his or her possession for inspection as required 20 by to the department or any authorized agent thereof acting 21 within its jurisdiction or by authority of law. 22 (g) Established the talent agency within any place 23 where intoxicating liquors are sold, any place where gambling 24 is permitted, or any house of prostitution. 25 (h) Charged, collected, or received compensation for 26 any service performed by the talent agency greater than 27 specified in its schedule of maximum fees, charges, and 28 commissions previously filed with the department. 29 (i) Had a license or registration to operate a talent 30 agency revoked, suspended, or otherwise acted against, 31 including, but not limited to, having been denied a license or 19 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 registration for good cause by the licensing authority of 2 another state, territory, or country. 3 (j) Willfully made or filed a report or record that 4 the registrant licensee knew to be false, failed to file a 5 report or record required by state or federal law, impeded or 6 obstructed such filing, or induced another person to impede or 7 obstruct such filing. Such reports or records shall include 8 only those that are signed in the registrant's licensee's 9 capacity as a registered licensed talent agency. 10 (k) Advertised goods or services in a manner that was 11 fraudulent, false, deceptive, or misleading in form or 12 content. 13 (l) Advertised, operated, or attempted to operate 14 under a name other than the name appearing on the registration 15 license. 16 (m) Been found guilty of fraud or deceit in the 17 operation of a talent agency. 18 (n) Operated with a revoked, suspended, inactive, or 19 delinquent registration license. 20 (o) Permitted, aided, assisted, procured, or advised 21 any unlicensed person to operate a talent agency contrary to 22 this part or other law to a rule of the department. 23 (p) Failed to perform any statutory or legal 24 obligation placed on a licensed talent agency. 25 (q) Practiced or offered to practice beyond the scope 26 permitted by law or has accepted and performed professional 27 responsibilities that the registrant licensee knows or has 28 reason to know that he or she is not competent to perform. 29 (r) Conspired with another licensee or with any other 30 person to commit an act, or has committed an act, that would 31 tend to coerce, intimidate, or preclude another registrant 20 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 licensee from advertising his or her services. 2 (s) Solicited business, either personally or through 3 an agent or through any other person, through the use of fraud 4 or deception or by other means; through the use of misleading 5 statements; or through the exercise of intimidation or undue 6 influence. 7 (t) Exercised undue influence on the artist in such a 8 manner as to exploit the artist for financial gain of the 9 registrant licensee or a third party, which includes, but is 10 not limited to, the promoting or selling of services to the 11 artist. 12 (2) The department may revoke any license that is 13 issued as a result of the mistake or inadvertence of the 14 department. 15 (2)(3) The department may has authority to adopt rules 16 pursuant to ss. 120.536(1) and 120.54 necessary to administer 17 implement the provisions of this part. 18 (3)(4) A revoked or suspended registration license 19 must be returned to the department within 7 days after the 20 time for appeal has elapsed. 21 (4)(5) Upon a finding of a violation of any one or 22 more of the grounds enumerated in subsection (1) or any other 23 section of this part, the department may take the following 24 actions: 25 (a) Deny an application for registration licensure as 26 a talent agency. 27 (b) Permanently Revoke or suspend the registration 28 license of a talent agency. 29 (c) Impose an administrative fine, not to exceed 30 $5,000, for each count or separate offense. 31 (d) Require restitution. 21 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (e) Issue a public reprimand. 2 (f) Place the licensee on probation, subject to such 3 conditions as the department may specify. 4 (6) A person shall be subject to the disciplinary 5 actions specified in subsection (5) for violations of 6 subsection (1) by that person's agents or employees in the 7 course of their employment with that person. 8 (5)(7) The department may deny a registration license 9 if any owner or operator listed on the application has been 10 associated with a talent agency whose registration license has 11 been revoked or otherwise disciplined. 12 Section 13. Section 468.403, Florida Statutes, is 13 amended to read: 14 468.403 Registration License requirements.-- 15 (1) A person may not own, operate, solicit business, 16 or otherwise engage in or carry on the occupation of a talent 17 agency in this state unless such person first registers with 18 procures a license for the talent agency from the department. 19 However, a registration license is not required for a person 20 who acts as an agent for herself or himself, a family member, 21 or exclusively for one artist. 22 (2) Each application for a registration license must 23 be accompanied by an application fee set by the department not 24 to exceed $300, plus the actual cost for fingerprint analysis 25 for each owner application, to cover the costs of 26 investigating the applicant. Each application for a change of 27 operator must be accompanied by an application fee of $150. 28 These fees are not refundable. 29 (3)(a) Each owner of a talent agency if other than a 30 corporation and each operator of a talent agency shall submit 31 to the department with the application for licensure of the 22 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 agency a full set of fingerprints and a photograph of herself 2 or himself taken within the preceding 2 years. The department 3 shall conduct an examination of fingerprint records and police 4 records. 5 (b) Each owner of a talent agency that is a 6 corporation shall submit to the department, with the 7 application for licensure of the agency, a full set of 8 fingerprints of the principal officer signing the application 9 form and the bond form, and a full set of fingerprints of each 10 operator, and a photograph of each taken within the preceding 11 2 years. The department shall conduct an examination of 12 fingerprint records and police records. 13 (3)(4) Each application must include: 14 (a) The name and address of the owner of the talent 15 agency. 16 (b) Proof of at least 1 year of direct experience or 17 similar experience of the operator of such agency in the 18 talent agency business or as a subagent, casting director, 19 producer, director, advertising agency, talent coordinator, or 20 musical booking agent. 21 (b)(c) The street and number of the building or place 22 where the talent agency is to be located. 23 (5) The department shall investigate the owner of an 24 applicant talent agency only to determine her or his ability 25 to comply with this part and shall investigate the operator of 26 an applicant talent agency to determine her or his employment 27 experience and qualifications. 28 (4)(6) If the applicant is other than a corporation, 29 the application shall also include the names and addresses of 30 all persons, except bona fide employees on stated salaries, 31 financially interested, either as partners, associates, or 23 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 profit sharers, in the operation of the talent agency in 2 question, together with the amount of their respective 3 interest. 4 (5)(7) If the applicant is a corporation, the 5 application shall include the corporate name and the names, 6 residential addresses, and telephone numbers of all persons 7 actively participating in the business of the corporation and 8 shall include the names of all persons exercising managing 9 responsibility in the applicant's or registrant's licensee's 10 office. 11 (8) The application must be accompanied by affidavits 12 of at least five reputable persons, other than artists, who 13 have known or have been associated with the applicant for at 14 least 3 years, stating that the applicant is a person of good 15 moral character or, in the case of a corporation, has a 16 reputation for fair dealing. 17 (6)(9) If any information in the application supplied 18 to the department by the applicant or registrant licensee 19 changes in any manner whatsoever, the applicant or registrant 20 licensee shall submit such changes to the department within 30 21 days after the date of such change or after the date such 22 change is known or should have been known to the applicant or 23 registrant licensee. 24 Section 14. Section 468.404, Florida Statutes, is 25 amended to read: 26 468.404 Registration License; fees; renewals.-- 27 (1) The department by rule shall establish biennial 28 fees for initial registration licensing, renewal of 29 registration license, and reinstatement of registration 30 license, none of which fees shall exceed $400. The department 31 may by rule establish a delinquency fee of no more than $50. 24 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 The fees shall be adequate to proportionately fund the 2 expenses of the department which are allocated to the 3 registering regulation of talent agencies and shall be based 4 on the department's estimate of the revenue required to 5 administer this part. 6 (2) If one or more individuals on the basis of whose 7 qualifications a talent agency registration license has been 8 obtained cease to be connected with the agency for any reason, 9 the agency business may be carried on for a temporary period, 10 not to exceed 90 days, under such terms and conditions as the 11 department provides by rule for the orderly closing of the 12 business or the replacement and qualifying of a new owner or 13 operator. The registrant's licensee's good standing under this 14 part shall be contingent upon the department's approval of any 15 such new owner or operator. 16 (3) No registration license shall be valid to protect 17 any business transacted under any name other than that 18 designated on in the registration license, unless consent is 19 first obtained from the department, unless written consent of 20 the surety or sureties on the original bond required by s. 21 468.408 is filed with the department, and unless the 22 registration license is returned to the department for the 23 recording thereon of such changes. A charge of $25 shall be 24 made by the department for the recording of authorization for 25 each change of name or change of location. 26 (4) No registration license issued under this part 27 shall be assignable. 28 Section 15. Section 468.406, Florida Statutes, is 29 amended to read: 30 468.406 Fees to be charged by talent agencies; rates; 31 display.-- 25 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (1) Each talent agency applicant for a license shall 2 maintain and provide to its artists or potential clients file 3 with the application an itemized schedule of maximum fees, 4 charges, and commissions which it intends to charge and 5 collect for its services. This schedule may thereafter be 6 raised only by notifying its artists filing with the 7 department an amended or supplemental schedule at least 30 8 days before the change is to become effective. The schedule 9 shall be posted in a conspicuous place in each place of 10 business of the agency and shall be printed in not less than a 11 30-point boldfaced type, except that an agency that uses 12 written contracts containing maximum fee schedules need not 13 post such schedules. 14 (2) All money collected by a talent agency from an 15 employer for the benefit of an artist shall be paid to the 16 artist, less the talent agency's fee, within 5 business days 17 after the receipt of such money by the talent agency. No 18 talent agency is required to pay money to an artist until the 19 talent agency receives payment from the employer or buyer. 20 Section 16. Section 468.407, Florida Statutes, is 21 amended to read: 22 468.407 Registration License; content; posting.-- 23 (1) The talent agency registration license shall be 24 valid for the biennial period in which issued and shall be in 25 such form as may be determined by the department, but shall at 26 least specify the name under which the applicant is to 27 operate, the address of the place of business, the expiration 28 date of the registration license, the full names and titles of 29 the owner and the operator, and the number of the registration 30 license. 31 (2) The talent agency registration license shall at 26 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 all times be displayed conspicuously in the place of business 2 in such manner as to be open to the view of the public and 3 subject to the inspection of all duly authorized officers of 4 the state and county. 5 (3) If a registrant licensee desires to cancel his or 6 her registration license, he or she must notify the department 7 and forthwith return to the department the registration 8 license so canceled. No registration license fee may be 9 refunded upon cancellation of the registration license. 10 Section 17. Subsection (3) of section 468.410, Florida 11 Statutes, is amended to read: 12 468.410 Prohibition against registration fees; 13 referral.-- 14 (3) A talent agency shall give each applicant a copy 15 of a contract which lists the services to be provided and the 16 fees to be charged. The contract shall state that the talent 17 agency is registered with regulated by the department and 18 shall list the address and telephone number of the department. 19 Section 18. Section 468.412, Florida Statutes, is 20 amended to read: 21 468.412 Talent agency requirements regulations.-- 22 (1) A talent agency shall maintain a record sheet for 23 each booking. This shall be the only required record of 24 placement and shall be kept for a period of 1 year after the 25 date of the last entry in the buyer's file. 26 (2) Each talent agency shall keep records in which 27 shall be entered: 28 (a) The name and address of each artist employing such 29 talent agency; 30 (b) The amount of fees received from each such artist; 31 and 27 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (c) The employment in which each such artist is 2 engaged at the time of employing such talent agency and the 3 amount of compensation of the artist in such employment, if 4 any, and the employments subsequently secured by such artist 5 during the term of the contract between the artist and the 6 talent agency and the amount of compensation received by the 7 artist pursuant thereto.; and 8 (d) Other information which the department may require 9 from time to time. 10 (3) All books, records, and other papers kept pursuant 11 to this act by any talent agency shall be open at all 12 reasonable hours to the inspection of the department and its 13 agents. Each talent agency shall furnish to the department, 14 upon request, a true copy of such books, records, and papers, 15 or any portion thereof, and shall make such reports as the 16 department may prescribe from time to time. 17 (3)(4) Each talent agency shall post in a conspicuous 18 place in the office of such talent agency a printed copy of 19 this part and of the rules adopted under this part. Such 20 copies shall also contain the name and address of the officer 21 charged with enforcing this part. The department shall 22 furnish to talent agencies printed copies of any statute or 23 rule required to be posted under this subsection. 24 (4)(5) No talent agency may knowingly issue a contract 25 for employment containing any term or condition which, if 26 complied with, would be in violation of law, or attempt to 27 fill an order for help to be employed in violation of law. 28 (5)(6) No talent agency may publish or cause to be 29 published any false, fraudulent, or misleading information, 30 representation, notice, or advertisement. All advertisements 31 of a talent agency by means of card, circulars, or signs, and 28 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 in newspapers and other publications, and all letterheads, 2 receipts, and blanks shall be printed and contain the 3 registered licensed name, department registration license 4 number, and address of the talent agency and the words "talent 5 agency." No talent agency may give any false information or 6 make any false promises or representations concerning an 7 engagement or employment to any applicant who applies for an 8 engagement or employment. 9 (6)(7) No talent agency may send or cause to be sent 10 any person as an employee to any house of ill fame, to any 11 house or place of amusement for immoral purposes, to any place 12 resorted to for the purposes of prostitution, to any place for 13 the modeling or photographing of a minor in the nude in the 14 absence of written permission from the minor's parents or 15 legal guardians, the character of which places the talent 16 agency could have ascertained upon reasonable inquiry. 17 (7)(8) No talent agency may divide fees with anyone, 18 including, but not limited to, an agent or other employee of 19 an employer, a buyer, a casting director, a producer, a 20 director, or any venue that uses entertainment. 21 (8)(9) If a talent agency collects from an artist a 22 fee or expenses for obtaining employment for the artist, and 23 the artist fails to procure such employment, or the artist 24 fails to be paid for such employment if procured, such talent 25 agency shall, upon demand therefor, repay to the artist the 26 fee and expenses so collected. Unless repayment thereof is 27 made within 48 hours after demand therefor, the talent agency 28 shall pay to the artist an additional sum equal to the amount 29 of the fee. 30 (9)(10) Each talent agency must maintain a permanent 31 office and must maintain regular operating hours at that 29 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 office. 2 Section 19. Section 468.413, Florida Statutes, is 3 amended to read: 4 468.413 Unlawful acts Legal requirements; penalties.-- 5 (1) Each of the following acts constitutes a felony of 6 the third degree, punishable as provided in s. 775.082, s. 7 775.083, or s. 775.084: 8 (a) Owning or operating, or soliciting business as, a 9 talent agency in this state without first registering with 10 procuring a license from the department. 11 (b) Obtaining or attempting to obtain a registration 12 license by means of fraud, misrepresentation, or concealment. 13 (2) Each of the following acts constitutes a 14 misdemeanor of the second degree, punishable as provided in s. 15 775.082 or s. 775.083: 16 (a) Relocating a business as a talent agency, or 17 operating under any name other than that designated on the 18 registration license, unless written notification is given to 19 the department and to the surety or sureties on the original 20 bond, and unless the registration license is returned to the 21 department for the recording thereon of such changes. 22 (b) Assigning or attempting to assign a registration 23 license issued under this part. 24 (c) Failing to show on a registration license 25 application whether or not the agency or any owner of the 26 agency is financially interested in any other business of like 27 nature and, if so, failing to specify such interest or 28 interests. 29 (d) Failing to maintain the records required by s. 30 468.409 or knowingly making false entries in such records. 31 (e) Requiring as a condition to registering or 30 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 obtaining employment or placement for any applicant that the 2 applicant subscribe to, purchase, or attend any publication, 3 postcard service, advertisement, resume service, photography 4 service, school, acting school, workshop, or acting workshop. 5 (f) Failing to give each applicant a copy of a 6 contract which lists the services to be provided and the fees 7 to be charged, which states that the talent agency is 8 registered with regulated by the department, and which lists 9 the address and telephone number of the department. 10 (g) Failing to maintain a record sheet as required by 11 s. 468.412(1). 12 (h) Knowingly sending or causing to be sent any artist 13 to a prospective employer or place of business, the character 14 or operation of which employer or place of business the talent 15 agency knows to be in violation of the laws of the United 16 States or of this state. 17 (3) The court may, in addition to other punishment 18 provided for in subsection (1) or subsection (2), suspend or 19 revoke the registration license of any person licensee under 20 this part who has been found guilty of any violation of 21 subsection (1) or misdemeanor listed in subsection (2). 22 (4) If a In the event the department or any state 23 attorney finds shall have probable cause to believe that a 24 talent agency or other person has violated any provision of 25 subsection (1) or subsection (2), an action may be brought by 26 the department or any state attorney to enjoin such talent 27 agency or any person from continuing such violation, or 28 engaging therein or doing any acts in furtherance thereof, and 29 for such other relief as to the court seems appropriate. In 30 addition to this remedy, the department may permanently 31 prohibit a person from operating or working for a talent 31 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 agency assess a penalty against any talent agency or any 2 person in an amount not to exceed $1,000. 3 (5) Any person injured by a prohibited act or practice 4 in violation of this part may bring a civil action in circuit 5 court for temporary or permanent injunctive relief and may 6 seek appropriate civil relief, including, but not limited to, 7 a civil penalty not to exceed $5,000 for each violation, 8 restitution and treble damages for injured parties, and court 9 costs and reasonable attorney's fees. 10 Section 20. Section 468.414, Florida Statutes, is 11 amended to read: 12 468.414 Collection and deposit of moneys; 13 appropriation.--Proceeds from the fines, fees, and penalties 14 imposed pursuant to this part shall be deposited in the 15 Professional Regulation Trust Fund, created by s. 215.37. 16 Section 21. Section 468.415, Florida Statutes, is 17 amended to read: 18 468.415 Sexual misconduct in the operation of a talent 19 agency.--The talent agent-artist relationship is founded on 20 mutual trust. Sexual misconduct in the operation of a talent 21 agency means violation of the talent agent-artist relationship 22 through which the talent agent uses the relationship to induce 23 or attempt to induce the artist to engage or attempt to engage 24 in sexual activity. Sexual misconduct is prohibited in the 25 operation of a talent agency. If any agent, owner, or operator 26 of a registered licensed talent agency is found to have 27 committed sexual misconduct in the operation of a talent 28 agency, the agency registration license shall be permanently 29 revoked. Such agent, owner, or operator shall be permanently 30 disqualified from present and future registration licensure as 31 owner or operator of a Florida talent agency. 32 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 Section 22. Sections 468.405 and 468.408, Florida 2 Statutes, are repealed. 3 Section 23. Subsection (7) of section 468.609, Florida 4 Statutes, is amended to read: 5 468.609 Administration of this part; standards for 6 certification; additional categories of certification.-- 7 (7)(a) The board may provide for the issuance of 8 provisional certificates valid for such period, not less than 9 3 years nor more than 5 years, as specified by board rule, to 10 any newly employed or promoted building code inspector or 11 plans examiner who meets the eligibility requirements 12 described in subsection (2) and any newly employed or promoted 13 building code administrator who meets the eligibility 14 requirements described in subsection (3). 15 (b) No building code administrator, plans examiner, or 16 building code inspector may have a provisional certificate 17 extended beyond the specified period by renewal or otherwise. 18 (c) The board may provide for appropriate levels of 19 provisional certificates and may issue these certificates with 20 such special conditions or requirements relating to the place 21 of employment of the person holding the certificate, the 22 supervision of such person on a consulting or advisory basis, 23 or other matters as the board may deem necessary to protect 24 the public safety and health. 25 (d)1. A newly employed or hired person may perform the 26 duties of a plans examiner or building code inspector for 90 27 days if a provisional certificate application has been 28 submitted, provided such person is under the direct 29 supervision of a certified building code administrator who 30 holds a standard certification and who has found such person 31 qualified for a provisional certificate. However, 33 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 2. Direct supervision and the determination of 2 qualifications under this paragraph may be provided by a 3 building code administrator who holds a limited or provisional 4 certificate in any county with a population of less than 5 75,000 and in any municipality located within such a county. 6 3. Direct supervision under this paragraph may be 7 provided in any county with a population of less than 75,000 8 and in any municipality within such county by 9 telecommunication devices if the supervision is appropriate 10 for the facts surrounding the performance of the duties being 11 supervised. 12 Section 24. Subsection (4) of section 468.627, Florida 13 Statutes, is amended to read: 14 468.627 Application; examination; renewal; fees.-- 15 (4) Employees of local government agencies having 16 responsibility for building code inspection, building 17 construction regulation, and enforcement of building, 18 plumbing, mechanical, electrical, gas, fire prevention, 19 energy, accessibility, and other construction codes shall pay 20 no application fees or examination fees. However, the fee 21 charged by the examination contract vendor to the department 22 for scheduling an examination of an employee of a local 23 government shall be recovered from any employee who does not 24 report for the scheduled examination. The department shall 25 have the final approval for excusing applicants from a 26 scheduled examination and may waive recovery of the fee in 27 case of hardship. 28 Section 25. Subsection (1) of section 471.025, Florida 29 Statutes, is amended to read: 30 471.025 Seals.-- 31 (1) The board shall prescribe, by rule, the forms a 34 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 form of seals seal to be used by registrants holding valid 2 certificates of registration. Each registrant shall obtain at 3 least one an impression-type metal seal in the form approved 4 by board rule aforesaid and may, in addition, register his or 5 her seal electronically in accordance with ss. 282.70-282.75. 6 All final drawings, specifications, plans, reports, or 7 documents prepared or issued by the registrant and being filed 8 for public record and all final bid documents provided to the 9 owner or the owner's representative shall be signed by the 10 registrant, dated, and stamped with said seal. Such signature, 11 date, and seal shall be evidence of the authenticity of that 12 to which they are affixed. Drawings, specifications, plans, 13 reports, final bid documents, or documents prepared or issued 14 by a registrant may be transmitted electronically and may be 15 signed by the registrant, dated, and stamped electronically 16 with said seal in accordance with ss. 282.70-282.75. 17 Section 26. Section 472.001, Florida Statutes, is 18 amended to read: 19 472.001 Purpose.--The Legislature deems it necessary 20 to regulate surveyors and mappers as provided in this chapter 21 ss. 472.001-472.041. 22 Section 27. Section 472.003, Florida Statutes, is 23 amended to read: 24 472.003 Exemptions Persons not affected by ss. 25 472.001-472.041.--This chapter does Sections 472.001-472.041 26 do not apply to: 27 (1) Any surveyor and mapper working as a salaried 28 employee of the United States Government when engaged in work 29 solely for the United States Government. 30 (2) A registered professional engineer who takes or 31 contracts for professional surveying and mapping services 35 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 incidental to her or his practice of engineering and who 2 delegates such surveying and mapping services to a registered 3 professional surveyor and mapper qualified within her or his 4 firm or contracts for such professional surveying and mapping 5 services to be performed by others who are registered 6 professional surveyors and mappers under this chapter the 7 provisions of ss. 472.001-472.041. 8 (3) The following persons when performing construction 9 layout from boundary, horizontal, and vertical controls that 10 have been established by a registered professional surveyor 11 and mapper: 12 (a) Contractors performing work on bridges, roads, 13 streets, highways, or railroads, or utilities and services 14 incidental thereto, or employees who are subordinates of such 15 contractors provided that the employee does not hold herself 16 or himself out for hire or engage in such contracting except 17 as an employee; 18 (b) Certified or registered contractors licensed 19 pursuant to part I of chapter 489 or employees who are 20 subordinates of such contractors provided that the employee 21 does not hold herself or himself out for hire or engage in 22 contracting except as an employee; and 23 (c) Registered professional engineers licensed 24 pursuant to chapter 471 and employees of a firm, corporation, 25 or partnership who are the subordinates of the registered 26 professional engineer in responsible charge. 27 (4) Persons employed by county property appraisers, as 28 defined at s. 192.001(3), and persons employed by the 29 Department of Revenue, to prepare maps for property appraisal 30 purposes only, but only to the extent that they perform 31 mapping services which do not include any surveying activities 36 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 as described in s. 472.005(4)(a) and (b). 2 (5)(a) Persons who are employees of any state, county, 3 municipal, or other governmental unit of this state and who 4 are the subordinates of a person in responsible charge 5 registered under this chapter, to the extent that the 6 supervision meets standards adopted by rule of the board, if 7 any. 8 (b) Persons who are employees of any employee leasing 9 company licensed pursuant to part XI of chapter 468 and who 10 work as subordinates of a person in responsible charge 11 registered under this chapter. 12 (c) Persons who are employees of an individual 13 registered or legal entity certified under this chapter and 14 who are the subordinates of a person in responsible charge 15 registered under this chapter, to the extent that the 16 supervision meets standards adopted by rule of the board, if 17 any. 18 Section 28. Section 472.005, Florida Statutes, is 19 amended to read: 20 472.005 Definitions.--As used in this chapter ss. 21 472.001-472.041: 22 (1) "Board" means the Board of Professional Surveyors 23 and Mappers. 24 (2) "Department" means the Department of Business and 25 Professional Regulation. 26 (3) "Surveyor and mapper" includes the term 27 "professional surveyor and mapper" and means a person who is 28 registered to engage in the practice of surveying and mapping 29 under this chapter ss. 472.001-472.041. For the purposes of 30 this subsection statute, a surveyor and mapper means a person 31 who determines and displays the facts of size, shape, 37 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 topography, tidal datum planes, legal or geodetic location or 2 relation, and orientation of improved or unimproved real 3 property through direct measurement or from certifiable 4 measurement through accepted photogrammetric procedures. 5 (4)(a) "Practice of surveying and mapping" means, 6 among other things, any professional service or work, the 7 adequate performance of which involves the application of 8 special knowledge of the principles of mathematics, the 9 related physical and applied sciences, and the relevant 10 requirements of law for adequate evidence of the act of 11 measuring, locating, establishing, or reestablishing lines, 12 angles, elevations, natural and manmade features in the air, 13 on the surface and immediate subsurface of the earth, within 14 underground workings, and on the beds or surface of bodies of 15 water, for the purpose of determining, establishing, 16 describing, displaying, or interpreting the facts of size, 17 shape, topography, tidal datum planes, legal or geodetic 18 location or relocation, and orientation of improved or 19 unimproved real property and appurtenances thereto, including 20 acreage and condominiums. 21 (b) The practice of surveying and mapping also 22 includes, but is not limited to, photogrammetric control; the 23 monumentation and remonumentation of property boundaries and 24 subdivisions; the measurement of and preparation of plans 25 showing existing improvements after construction; the layout 26 of proposed improvements; the preparation of descriptions for 27 use in legal instruments of conveyance of real property and 28 property rights; the preparation of subdivision planning maps 29 and record plats, as provided for in chapter 177; the 30 determination of, but not the design of, grades and elevations 31 of roads and land in connection with subdivisions or divisions 38 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 of land; and the creation and perpetuation of alignments 2 related to maps, record plats, field note records, reports, 3 property descriptions, and plans and drawings that represent 4 them. 5 (5) The term "Surveyor and mapper intern" includes the 6 term "surveyor-mapper-in-training" and means a person who 7 complies with the requirements of this chapter provided by ss. 8 472.001-472.041 and who has passed an examination as provided 9 by rules adopted by the board. 10 (6) The term "Responsible charge" means direct control 11 and personal supervision of surveying and mapping work, but 12 does not include experience as a chainperson, rodperson, 13 instrumentperson, ordinary draftsperson, digitizer, scriber, 14 photo lab technician, ordinary stereo plotter operator, aerial 15 photo pilot, photo interpreter, and other positions of routine 16 work. 17 (7) The term "License" means the registration of 18 surveyors and mappers or the certification of businesses to 19 practice surveying and mapping in this state. 20 (8) "Photogrammetric mapper" means any person who 21 engages in the practice of surveying and mapping using aerial 22 or terrestrial photography or other sources of images. 23 (9) "Employee" means a person who receives 24 compensation from and is under the supervision and control of 25 an employer who regularly deducts the F.I.C.A. and withholding 26 tax and provides workers' compensation, all as prescribed by 27 law. 28 (10) "Subordinate" means an employee who performs work 29 under the direction, supervision, and responsible charge of a 30 person who is registered under this chapter. 31 (11) "Monument" means an artificial or natural object 39 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 that is permanent or semipermanent and used or presumed to 2 occupy any real property corner, any point on a boundary line, 3 or any reference point or other point to be used for 4 horizontal or vertical control. 5 (12) "Legal entity" means a corporation, partnership, 6 association, or person practicing under a fictitious name who 7 is certified under s. 472.021. 8 Section 29. Subsection (1) of section 472.011, Florida 9 Statutes, is amended to read: 10 472.011 Fees.-- 11 (1) The board, by rule, may establish fees to be paid 12 for applications, examination, reexamination, licensing and 13 renewal, inactive status application and reactivation of 14 inactive licenses, recordmaking and recordkeeping, and 15 applications for providers of continuing education. The board 16 may also establish by rule a delinquency fee. The board shall 17 establish fees that are adequate to ensure the continued 18 operation of the board. Fees shall be based on department 19 estimates of the revenue required to implement this chapter 20 ss. 472.001-472.041 and the provisions of law with respect to 21 the regulation of surveyors and mappers. 22 Section 30. Subsection (4) of section 472.015, Florida 23 Statutes, is amended to read: 24 472.015 Licensure.-- 25 (4) The department shall not issue a license by 26 endorsement to any applicant who is under investigation in 27 another state for any act that would constitute a violation of 28 this chapter ss. 472.001-472.041 or chapter 455 until such 29 time as the investigation is complete and disciplinary 30 proceedings have been terminated. 31 Section 31. Subsection (1) of section 472.021, Florida 40 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 Statutes, is amended to read: 2 472.021 Certification of partnerships and 3 corporations.-- 4 (1) The practice of or the offer to practice surveying 5 and mapping by registrants through a corporation or 6 partnership offering surveying and mapping services to the 7 public, or by a corporation or partnership offering said 8 services to the public through registrants under this chapter 9 ss. 472.001-472.041 as agents, employees, officers, or 10 partners, is permitted subject to the provisions of this 11 chapter ss. 472.001-472.041, provided that one or more of the 12 principal officers of the corporation or one or more partners 13 of the partnership and all personnel of the corporation or 14 partnership who act in its behalf as surveyors and mappers in 15 this state are registered as provided by this chapter ss. 16 472.001-472.041, and, further, provided that the corporation 17 or partnership has been issued a certificate of authorization 18 by the board as provided in this section. All final drawings, 19 specifications, plans, reports, or other papers or documents 20 involving the practice of surveying and mapping which are 21 prepared or approved for the use of the corporation or 22 partnership or for delivery to any person or for public record 23 within the state must be dated and must bear the signature and 24 seal of the registrant who prepared or approved them. Nothing 25 in this section shall be construed to allow a corporation to 26 hold a certificate of registration to practice surveying and 27 mapping. No corporation or partnership shall be relieved of 28 responsibility for the conduct or acts of its agents, 29 employees, or officers by reason of its compliance with this 30 section, nor shall any individual practicing surveying and 31 mapping be relieved of responsibility for professional 41 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 services performed by reason of his or her employment or 2 relationship with a corporation or partnership. 3 Section 32. Section 472.027, Florida Statutes, is 4 amended to read: 5 472.027 Minimum technical standards for surveying and 6 mapping.--The board shall adopt rules relating to the practice 7 of surveying and mapping which establish minimum technical 8 standards to ensure the achievement of no less than minimum 9 degrees of accuracy, completeness, and quality in order to 10 assure adequate and defensible real property boundary 11 locations and other pertinent information provided by 12 surveyors and mappers under the authority of this chapter ss. 13 472.001-472.041. 14 Section 33. Section 472.029, Florida Statutes, is 15 amended to read: 16 472.029 Authorization Surveyors and mappers authorized 17 to enter lands of third parties; under certain 18 conditions.--Surveyors and mappers and their subordinates may 19 go on, over, and upon the lands of others when necessary to 20 make surveys and maps or to search for, uncover, locate, or 21 set monuments, and, in so doing, may carry with them their 22 agents and employees necessary for that purpose. Entry under 23 the right hereby granted does not constitute trespass, and 24 surveyors and mappers and their subordinates and duly 25 authorized agents or employees so entering are not liable to 26 arrest or to a civil action by reason of such entry as long as 27 the entering is in compliance with all federal, state, and 28 local regulations pertaining to premises security, 29 agricultural protections, and other health and safety 30 requirements.; However, this section does not give authority 31 to registrants, subordinates, agents, or employees to destroy, 42 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 injure, damage, or otherwise move any physical improvements 2 anything on lands of another without the written permission of 3 the landowner. No landowner shall be liable to any third party 4 for any civil or criminal act, or any damages, which result in 5 whole or in part through the negligent or intentional conduct 6 of any person regulated by this section. If written notice is 7 delivered to a landowner or the landowner's registered agent 8 three business days prior to entry on a parcel containing more 9 than 160 acres classified as agricultural land, the duty of 10 care owed to those regulated by this section shall be that due 11 to a licensee under this chapter; however, if no such notice 12 is given, the landowner's duty of care shall be that due to an 13 unforeseen trespasser. 14 Section 34. Subsection (5) of section 810.12, Florida 15 Statutes, is amended to read: 16 810.12 Unauthorized entry on land; prima facie 17 evidence of trespass.-- 18 (5) However, this section shall not apply to any 19 official or employee of the state or a county, municipality, 20 or other governmental agency now authorized by law to enter 21 upon lands or to registered engineers, and surveyors and 22 mappers, and other persons authorized to enter lands pursuant 23 to ss. 471.027 and 472.029. The provisions of this section 24 shall not apply to the trimming or cutting of trees or timber 25 by municipal or private public utilities, or their employees, 26 contractors, or subcontractors, when such trimming is required 27 for the establishment or maintenance of the service furnished 28 by any such utility. 29 Section 35. Subsection (1) of section 472.031, Florida 30 Statutes, is amended to read: 31 472.031 Prohibitions; penalties.-- 43 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (1) No person shall: 2 (a) Practice surveying and mapping unless such person 3 is registered under this chapter pursuant to ss. 4 472.001-472.041; 5 (b) Use the name or title "registered surveyor and 6 mapper" when such person has not registered under this chapter 7 pursuant to ss. 472.001-472.041; 8 (c) Present as his or her own the registration of 9 another; 10 (d) Knowingly give false or forged evidence to the 11 board or a member thereof; or 12 (e) Use or attempt to use a registration that has been 13 suspended or revoked. 14 Section 36. Section 472.037, Florida Statutes, is 15 amended to read: 16 472.037 Application of chapter ss. 472.001-472.041.-- 17 (1) Nothing contained in this chapter ss. 18 472.001-472.041 shall be construed to repeal, amend, limit, or 19 otherwise affect any local building code or zoning law or 20 ordinance, now or hereafter enacted, which is more restrictive 21 with respect to the services of registered surveyors and 22 mappers than the provisions of this chapter ss. 23 472.001-472.041. 24 (2) In counties or municipalities that issue building 25 permits, such permits shall not be issued in any case where it 26 is apparent from the application for such building permit that 27 the provisions of this chapter ss. 472.001-472.041 have been 28 violated. However, this shall not authorize the withholding of 29 building permits in any cases within the exempt classes set 30 forth in this chapter ss. 472.001-472.041. 31 Section 37. A new subsection (4) is added to section 44 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 475.01, Florida Statutes, to read: 2 475.01 Definitions.-- 3 (4) A broker acting as a trustee or in a fiduciary 4 capacity is subject to the provisions of this chapter. 5 Section 38. Section 476.014, Florida Statutes, is 6 amended to read: 7 476.014 Short title.--This chapter act may be cited as 8 the "Barbers' Act." 9 Section 39. Section 476.034, Florida Statutes, is 10 amended to read: 11 476.034 Definitions.--As used in this chapter act: 12 (1) "Barber" means a person who is licensed to engage 13 in the practice of barbering in this state under the authority 14 of this chapter. 15 (2) "Barbering" means any of the following practices 16 when done for remuneration and for the public, but not when 17 done for the treatment of disease or physical or mental 18 ailments: shaving, cutting, trimming, coloring, shampooing, 19 arranging, dressing, curling, or waving the hair or beard or 20 applying oils, creams, lotions, or other preparations to the 21 face, scalp, or neck, either by hand or by mechanical 22 appliances. 23 (3) "Barbershop" means any place of business wherein 24 the practice of barbering is carried on. 25 (4) "Board" means the Barbers' Board of Barbering and 26 Cosmetology. 27 (5) "Department" means the Department of Business and 28 Professional Regulation. 29 Section 40. Section 476.054, Florida Statutes, is 30 amended to read: 31 476.054 Barbers' Board of Barbering and Cosmetology.-- 45 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (1) There is created within the department the 2 Barbers' Board of Barbering and Cosmetology, consisting of 3 seven members who shall be appointed by the Governor, subject 4 to confirmation by the Senate. 5 (2) Two Five members of the board must shall be 6 licensed barbers who have practiced the occupation of 7 barbering in this state for at least 5 years. Three members 8 must be licensed cosmetologists who have practiced cosmetology 9 in this state for at least 5 years, and one member must be a 10 registered cosmetology specialist who has practiced his or her 11 specialty in this state for a least 5 years. The remaining 12 member must two members of the board shall be a resident 13 citizens of the state who is are not presently a licensed 14 barber or cosmetologist barbers. No person may shall be 15 appointed to the board who is in any way connected with the 16 manufacture, rental, or wholesale distribution of barber or 17 cosmetology equipment and supplies. 18 (3) As the terms of the members expire, the Governor 19 shall appoint successors for terms of 4 years; and such 20 members shall serve until their successors are appointed and 21 qualified. The Governor may remove any member for cause. 22 (4) No person may shall be appointed to serve more 23 than two consecutive terms. Any vacancy shall be filled by 24 appointment by the Governor for the unexpired portion of the 25 term. 26 (5) Each board member shall receive $50 per day, up to 27 a maximum of $2,000 per year, for time spent on board 28 business, plus per diem and mileage allowances as provided in 29 s. 112.061 from the place of her or his residence to the place 30 of meeting and the return therefrom. 31 (6) Before beginning duties as a board member, each 46 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 appointee must take the constitutional oath of office and file 2 it with the Department of State, which shall issue to such 3 member a certificate of appointment. 4 (7) The board shall, each January, elect from among 5 its members a chair and a vice chair. 6 (8) The board shall hold such meetings during the year 7 as necessary, one of which shall be the annual meeting. The 8 chair may call other meetings. A quorum shall consist of not 9 fewer than four members. 10 (9)(6) Each board member shall be held accountable to 11 the Governor for the proper performance of all duties and 12 obligations of such board member's office. The Governor shall 13 cause to be investigated any complaints or unfavorable reports 14 received concerning the actions of the board or its individual 15 members and shall take appropriate action thereon, which may 16 include removal of any board member for malfeasance, 17 misfeasance, neglect of duty, commission of a felony, 18 drunkenness, incompetency, or permanent inability to perform 19 her or his official duties. 20 Section 41. Section 476.064, Florida Statutes, is 21 amended to read: 22 476.064 Organization; headquarters; personnel; 23 meetings.-- 24 (1) The board shall annually elect a chair and a vice 25 chair from its number. The board shall maintain its 26 headquarters in Tallahassee. 27 (2) The department shall appoint or employ such 28 personnel as may be necessary to assist the board in 29 exercising the powers and performing the duties and 30 obligations set forth in this chapter act. Such personnel need 31 not be licensed barbers or cosmetologists and shall not be 47 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 members of the board. Such personnel shall be authorized to 2 do and perform such duties and work as may be assigned by the 3 board. 4 (3) The board shall hold an annual meeting and such 5 other meetings during the year as it may determine to be 6 necessary. The chair of the board may call other meetings at 7 her or his discretion. A quorum of the board shall consist of 8 not less than four members. 9 (3)(4) The board has authority to adopt rules pursuant 10 to ss. 120.536(1) and 120.54 necessary to administer implement 11 the provisions of this chapter. 12 Section 42. Subsections (1) and (2) of section 13 476.074, Florida Statutes, are amended to read: 14 476.074 Legal, investigative, and inspection 15 services.-- 16 (1) The department shall provide all legal services 17 needed to carry out the provisions of this chapter act. 18 (2) The department shall provide all investigative 19 services required by the board or the department in carrying 20 out the provisions of this chapter act. 21 Section 43. Subsection (2) of section 476.154, Florida 22 Statutes, is amended to read: 23 476.154 Biennial renewal of licenses.-- 24 (2) Any license or certificate of registration issued 25 pursuant to this chapter act for a period less than the 26 established biennial issuance period may be issued for that 27 lesser period of time, and the department shall adjust the 28 required fee accordingly. The board shall adopt rules 29 providing for such partial period fee adjustments. 30 Section 44. Paragraphs (a) and (b) of subsection (1) 31 of section 476.194, Florida Statutes, are amended to read: 48 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 476.194 Prohibited acts.-- 2 (1) It is unlawful for any person to: 3 (a) Engage in the practice of barbering without an 4 active license as a barber issued pursuant to the provisions 5 of this chapter act by the department. 6 (b) Engage in willful or repeated violations of this 7 chapter act or of any of the rules adopted by the board. 8 Section 45. Subsections (1) and (3) of section 9 476.214, Florida Statutes, are amended to read: 10 476.214 Grounds for suspending, revoking, or refusing 11 to grant license or certificate.-- 12 (1) The board shall have the power to revoke or 13 suspend any license, registration card, or certificate of 14 registration issued pursuant to this chapter act, or to 15 reprimand, censure, deny subsequent licensure of, or otherwise 16 discipline any holder of a license, registration card, or 17 certificate of registration issued pursuant to this chapter 18 act, for any of the following causes: 19 (a) Gross malpractice or gross incompetency in the 20 practice of barbering; 21 (b) Practice by a person knowingly having an 22 infectious or contagious disease; or 23 (c) Commission of any of the offenses described in s. 24 476.194. 25 (3) The board shall keep a record of its disciplinary 26 proceedings against holders of licenses or certificates of 27 registration issued pursuant to this chapter act. 28 Section 46. Section 476.234, Florida Statutes, is 29 amended to read: 30 476.234 Civil proceedings.--In addition to any other 31 remedy, the department may file a proceeding in the name of 49 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 the state seeking issuance of a restraining order, injunction, 2 or writ of mandamus against any person who is or has been 3 violating any of the provisions of this chapter act or the 4 lawful rules or orders of the board, commission, or 5 department. 6 Section 47. Subsection (1) of section 477.013, Florida 7 Statutes, is amended to read: 8 477.013 Definitions.--As used in this chapter: 9 (1) "Board" means the Board of Barbering and 10 Cosmetology. 11 Section 48. Section 477.015, Florida Statutes, is 12 repealed. 13 Section 49. The Barbers' Board created pursuant to 14 section 476.054, Florida Statutes, and the Board of 15 Cosmetology created pursuant to section 477.015, Florida 16 Statutes, are abolished. All rules of the Barbers' Board and 17 the Board of Cosmetology in effect on the effective date of 18 this act shall remain in full force and shall become rules of 19 the Board of Barbering and Cosmetology. 20 Section 50. The Board of Barbering and Cosmetology is 21 created by this act by the amendment of section 476.054, 22 Florida Statutes, and the repeal of section 477.015, Florida 23 Statutes. Appointments to this board are new and shall be made 24 by the Governor, subject to confirmation by the Senate, for 25 initial terms of 4 years or less so that no more than two 26 terms expire in any one year. The board shall assume 27 responsibilities for the regulation of barbering pursuant to 28 chapter 476, Florida Statutes, and the regulation of 29 cosmetology pursuant to chapter 477, Florida Statutes, as 30 provided in those chapters. 31 Section 51. The Board of Barbering and Cosmetology 50 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 shall be replaced as the party of interest for any legal 2 actions naming the Barbers' Board or the Board of Cosmetology 3 as a party. 4 Section 52. Subsection (7) of section 477.019, Florida 5 Statutes, is amended to read: 6 477.019 Cosmetologists; qualifications; licensure; 7 supervised practice; license renewal; endorsement; continuing 8 education.-- 9 (7)(a) The board shall prescribe by rule continuing 10 education requirements intended to ensure protection of the 11 public through updated training of licensees and registered 12 specialists, not to exceed 16 hours biennially, as a condition 13 for renewal of a license or registration as a specialist under 14 this chapter. Continuing education courses shall include, but 15 not be limited to, the following subjects as they relate to 16 the practice of cosmetology: human immunodeficiency virus and 17 acquired immune deficiency syndrome; Occupational Safety and 18 Health Administration regulations; workers' compensation 19 issues; state and federal laws and rules as they pertain to 20 cosmetologists, cosmetology, salons, specialists, specialty 21 salons, and booth renters; chemical makeup as it pertains to 22 hair, skin, and nails; and environmental issues. Courses given 23 at cosmetology conferences may be counted toward the number of 24 continuing education hours required if approved by the board. 25 (b) Any person whose occupation or practice is 26 confined solely to hair braiding, hair wrapping, or body 27 wrapping is exempt from the continuing education requirements 28 of this subsection. 29 (c) The board may, by rule, require any licensee in 30 violation of a continuing education requirement to take a 31 refresher course or refresher course and examination in 51 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 addition to any other penalty. The number of hours for the 2 refresher course may not exceed 48 hours. 3 Section 53. Subsection (1) of section 477.026, Florida 4 Statutes, is amended to read: 5 477.026 Fees; disposition.-- 6 (1) The board shall set fees according to the 7 following schedule: 8 (a) For cosmetologists, fees for original licensing, 9 license renewal, and delinquent renewal shall not exceed $25. 10 (b) For cosmetologists, fees for endorsement 11 application, examination, and reexamination shall not exceed 12 $50. 13 (c) For cosmetology and specialty salons, fees for 14 license application, original licensing, license renewal, and 15 delinquent renewal shall not exceed $50. 16 (d) For specialists, fees for application and 17 endorsement registration shall not exceed $30. 18 (e) For specialists, fees for initial registration, 19 registration renewal, and delinquent renewal shall not exceed 20 $50. 21 (f) For hair braiders, hair wrappers, and body 22 wrappers, fees for initial registration, registration renewal, 23 and delinquent renewal shall not exceed $25. 24 Section 54. Subsection (1) of section 481.209, Florida 25 Statutes, is amended to read: 26 481.209 Examinations.-- 27 (1) A person desiring to be licensed as a registered 28 architect shall apply to the department to take the licensure 29 examination. The department shall administer the licensure 30 examination for architects to each applicant who the board 31 certifies: 52 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (a) Has completed the application form and remitted a 2 nonrefundable application fee and an examination fee which is 3 refundable if the applicant is found to be ineligible to take 4 the examination; 5 (b)1. Has successfully completed all architectural 6 curriculum courses required by and Is a graduate of a school 7 or college of architecture accredited by the National 8 Architectural Accreditation Board; or 9 2. Is a graduate of an approved architectural 10 curriculum, evidenced by a degree from an unaccredited school 11 or college of architecture approved by the board. The board 12 shall adopt rules providing for the review and approval of 13 unaccredited schools and colleges of architecture and courses 14 of architectural study based on a review and inspection by the 15 board of the curriculum of accredited schools and colleges of 16 architecture in the United States, including those schools and 17 colleges accredited by the National Architectural 18 Accreditation Board; and 19 (c) Has completed, prior to examination, 1 year of the 20 internship experience required by s. 481.211(1). 21 Section 55. Section 481.223, Florida Statutes, is 22 amended to read: 23 481.223 Prohibitions; penalties; injunctive relief.-- 24 (1) A person may not knowingly: 25 (a) Practice architecture unless the person is an 26 architect or a registered architect; 27 (b) Practice interior design unless the person is a 28 registered interior designer unless otherwise exempted herein; 29 (c) Use the name or title "architect" or "registered 30 architect," or "interior designer" or "registered interior 31 designer," or words to that effect, when the person is not 53 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 then the holder of a valid license issued pursuant to this 2 part; 3 (d) Present as his or her own the license of another; 4 (e) Give false or forged evidence to the board or a 5 member thereof; 6 (f) Use or attempt to use an architect or interior 7 designer license that has been suspended, revoked, or placed 8 on inactive or delinquent status; 9 (g) Employ unlicensed persons to practice architecture 10 or interior design; or 11 (h) Conceal information relative to violations of this 12 part. 13 (2) Any person who violates any provision of 14 subsection (1) this section commits a misdemeanor of the first 15 degree, punishable as provided in s. 775.082 or s. 775.083. 16 (3)(a) Notwithstanding chapter 455 or any other 17 provision of law to the contrary, an affected person may 18 maintain an action for injunctive relief to restrain or 19 prevent a person from violating paragraph (1)(a), paragraph 20 (1)(b), or paragraph (1)(c). The prevailing party shall be 21 entitled to actual costs and attorney's fees. 22 (b) For purposes of this subsection, "affected person" 23 means a person directly affected by the actions of a person 24 suspected of violating paragraph (1)(a), paragraph (1)(b), or 25 paragraph (1)(c) and includes, but is not limited to, the 26 department, any person who received services from the alleged 27 violator, or any private association composed primarily of 28 members of the profession the alleged violator is practicing 29 or offering to practice or holding himself or herself out as 30 qualified to practice. 31 Section 56. Effective July 1, 2001, subsections (2) 54 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 and (4) of section 489.107, Florida Statutes, are amended to 2 read: 3 489.107 Construction Industry Licensing Board.-- 4 (2) The board shall consist of 16 18 members, of whom: 5 (a) Four are primarily engaged in business as general 6 contractors; 7 (b) Three are primarily engaged in business as 8 building contractors or residential contractors, however, at 9 least one building contractor and one residential contractor 10 shall be appointed; 11 (c) One is primarily engaged in business as a roofing 12 contractor; 13 (d) One is primarily engaged in business as a sheet 14 metal contractor; 15 (e) One is primarily engaged in business as an 16 air-conditioning contractor; 17 (f) One is primarily engaged in business as a 18 mechanical contractor; 19 (g) One is primarily engaged in business as a pool 20 contractor; 21 (h) One is primarily engaged in business as a plumbing 22 contractor; 23 (i) One is primarily engaged in business as an 24 underground utility and excavation contractor; 25 (j) Notwithstanding the provisions of s. 20.165(6), 26 one is a Two are consumer member members who is are not, and 27 has have never been, a member members or practitioner 28 practitioners of a profession regulated by the board or a 29 member members of any closely related profession; and 30 (k) One is a Two are building official officials of a 31 municipality or county. 55 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (l) On the date the reduction of the number of members 2 on the board made by this act becomes effective, the affected 3 appointments shall be those in the reduced membership class 4 whose terms next expire. 5 (4) The board shall be divided into two divisions, 6 Division I and Division II. 7 (a) Division I is comprised of the general contractor, 8 building contractor, and residential contractor members of the 9 board; one of the members appointed pursuant to paragraph 10 (2)(j); and one of the member members appointed pursuant to 11 paragraph (2)(k). Division I has jurisdiction over the 12 regulation of general contractors, building contractors, and 13 residential contractors. 14 (b) Division II is comprised of the roofing 15 contractor, sheet metal contractor, air-conditioning 16 contractor, mechanical contractor, pool contractor, plumbing 17 contractor, and underground utility and excavation contractor 18 members of the board; and one of the member members appointed 19 pursuant to paragraph (2)(j); and one of the members appointed 20 pursuant to paragraph (2)(k). Division II has jurisdiction 21 over the regulation of contractors defined in s. 22 489.105(3)(d)-(p). 23 (c) Jurisdiction for the regulation of specialty 24 contractors defined in s. 489.105(3)(q) shall lie with the 25 division having jurisdiction over the scope of work of the 26 specialty contractor as defined by board rule. 27 Section 57. Section 489.1133, Florida Statutes, is 28 created to read: 29 489.1133 Temporary certificate or registration.--The 30 department may issue a temporary certificate or registration 31 to any applicant who has submitted a completed application and 56 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 who appears to meet all qualifications for certification or 2 registration, pending final approval of the application and 3 the granting of a permanent certificate or registration by the 4 board. If the board determines that the applicant does not 5 meet all of the requirements for certification or registration 6 under this part, the board shall, upon notifying the applicant 7 of his or her failure to qualify, revoke the applicant's 8 temporary certificate or registration. 9 Section 58. Paragraph (b) of subsection (4) of section 10 489.115, Florida Statutes, as amended by chapters 98-287 and 11 2000-141, Laws of Florida, is amended to read: 12 489.115 Certification and registration; endorsement; 13 reciprocity; renewals; continuing education.-- 14 (4) 15 (b)1. Each certificateholder or registrant shall 16 provide proof, in a form established by rule of the board, 17 that the certificateholder or registrant has completed at 18 least 14 classroom hours of at least 50 minutes each of 19 continuing education courses during each biennium since the 20 issuance or renewal of the certificate or registration. The 21 board shall establish by rule that a portion of the required 22 14 hours must deal with the subject of workers' compensation, 23 business practices, and workplace safety. The board shall by 24 rule establish criteria for the approval of continuing 25 education courses and providers, including requirements 26 relating to the content of courses and standards for approval 27 of providers, and may by rule establish criteria for accepting 28 alternative nonclassroom continuing education on an 29 hour-for-hour basis. The board shall prescribe by rule the 30 continuing education, if any, which is required during the 31 first biennium of initial licensure. A person who has been 57 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 licensed for less than an entire biennium must not be required 2 to complete the full 14 hours of continuing education. 3 2. In addition, the board may approve specialized 4 continuing education courses on compliance with the wind 5 resistance provisions for one and two family dwellings 6 contained in the Florida Building Code and any alternate 7 methodologies for providing such wind resistance which have 8 been approved for use by the Florida Building Commission. 9 Contractors defined in s. 489.105(3)(a)-(c) Division I 10 certificateholders or registrants who demonstrate proficiency 11 upon completion of such specialized courses may certify plans 12 and specifications for one and two family dwellings to be in 13 compliance with the code or alternate methodologies, as 14 appropriate, except for dwellings located in floodways or 15 coastal hazard areas as defined in ss. 60.3D and E of the 16 National Flood Insurance Program. 17 3. Each certificateholder or registrant shall provide 18 to the board proof of completion of the core curriculum 19 courses, or passing the equivalency test of the Building Code 20 Training Program established under s. 553.841, specific to the 21 licensing category sought, within 2 years after commencement 22 of the program or of initial certification or registration, 23 whichever is later. Classroom hours spent taking core 24 curriculum courses shall count toward the number required for 25 renewal of certificates or registration. A certificateholder 26 or registrant who passes the equivalency test in lieu of 27 taking the core curriculum courses shall receive full credit 28 for core curriculum course hours. 29 4. The board shall require, by rule adopted pursuant 30 to ss. 120.536(1) and 120.54, a specified number of hours in 31 specialized or advanced module courses, approved by the 58 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 Florida Building Commission, on any portion of the Florida 2 Building Code, adopted pursuant to part VII of chapter 553, 3 relating to the contractor's respective discipline. 4 Section 59. Subsection (1) of section 489.118, Florida 5 Statutes, is amended to read: 6 489.118 Certification of registered contractors; 7 grandfathering provisions.--The board shall, upon receipt of a 8 completed application and appropriate fee, issue a certificate 9 in the appropriate category to any contractor registered under 10 this part who makes application to the board and can show that 11 he or she meets each of the following requirements: 12 (1) Currently holds a valid registered local license 13 in one of the contractor categories defined in s. 14 489.105(3)(a)-(p) or holds a valid registered local specialty 15 license which substantially corresponds to a type of specialty 16 contractor recognized for state certification pursuant to 17 board rule under s. 489.113(6). 18 Section 60. Subsection (6) of section 489.507, Florida 19 Statutes, is repealed. 20 Section 61. The Electrical Contractors' Licensing 21 Board shall review its operations and its regular board 22 meeting lengths and locations and develop a plan to reduce its 23 annual operating budget by $25,000, and shall submit the plan 24 to the Department of Business and Professional Regulation by 25 January 1, 2002. 26 Section 62. Subsection (6) of section 489.511, Florida 27 Statutes, is amended to read: 28 489.511 Certification; application; examinations; 29 endorsement.-- 30 (6) The board shall certify as qualified for 31 certification by endorsement any individual who applies from a 59 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 state that has a mutual reciprocity endorsement agreement with 2 the board and applying for certification who: 3 (a) meets the requirements for certification as set 4 forth in this section; has passed a national, regional, state, 5 or United States territorial licensing examination that is 6 substantially equivalent to the examination required by this 7 part; and has satisfied the requirements set forth in s. 8 489.521.; or 9 (b) Holds a valid license to practice electrical or 10 alarm system contracting issued by another state or territory 11 of the United States, if the criteria for issuance of such 12 license was substantially equivalent to the certification 13 criteria that existed in this state at the time the 14 certificate was issued. 15 Section 63. Paragraph (f) is added to subsection (3) 16 of section 489.537, Florida Statutes, to read: 17 489.537 Application of this part.-- 18 (3) Nothing in this act limits the power of a 19 municipality or county: 20 (f) To require that one electrical journeyman, who is 21 a graduate of the Institute of Applied Technology in 22 Construction Excellence or licensed pursuant to s. 489.5335, 23 be present on an industrial or commercial new construction 24 site with a facility of 50,000 gross square feet or more when 25 electrical work in excess of 77 volts is being performed in 26 order to supervise or perform such work, except as provided in 27 s. 489.503. 28 Section 64. Subsection (5) of section 498.005, Florida 29 Statutes, is amended to read: 30 498.005 Definitions.--As used in this chapter, unless 31 the context otherwise requires, the term: 60 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (5) "Division" means the Division of Real Estate 2 Florida Land Sales, Condominiums, and Mobile Homes of the 3 Department of Business and Professional Regulation. 4 Section 65. Section 498.019, Florida Statutes, is 5 amended to read: 6 498.019 Professional Regulation Division of Florida 7 Land Sales, Condominiums, and Mobile Homes Trust Fund.-- 8 (1) There is created within the State Treasury the 9 Division of Florida Land Sales, Condominiums, and Mobile Homes 10 Trust Fund to be used for the administration and operation of 11 this chapter and chapters 718, 719, 721, and 723 by the 12 division. 13 (2) All moneys collected by the division from fees, 14 fines, or penalties or from costs awarded to the division by a 15 court shall be paid into the Professional Regulation Division 16 of Florida Land Sales, Condominiums, and Mobile Homes Trust 17 Fund to be used to administer and enforce this chapter and 18 rules adopted thereunder. The department shall maintain a 19 separate account in the trust fund and shall administer the 20 account pursuant to s. 455.219. The Legislature shall 21 appropriate funds from this trust fund sufficient to carry out 22 the provisions of this chapter and the provisions of law with 23 respect to each category of business covered by this trust 24 fund. The division shall maintain separate revenue accounts 25 in the trust fund for each of the businesses regulated by the 26 division. The division shall provide for the proportionate 27 allocation among the accounts of expenses incurred by the 28 division in the performance of its duties with respect to each 29 of these businesses. As part of its normal budgetary process, 30 the division shall prepare an annual report of revenue and 31 allocated expenses related to the operation of each of these 61 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 businesses which may be used to determine fees charged by the 2 division. This subsection shall operate pursuant to the 3 provisions of s. 215.20. 4 Section 66. Subsection (5) of section 498.049, Florida 5 Statutes, is amended to read: 6 498.049 Suspension; revocation; civil penalties.-- 7 (5) Each person who materially participates in any 8 offer or disposition of any interest in subdivided lands in 9 violation of this chapter or relevant rules involving fraud, 10 deception, false pretenses, misrepresentation, or false 11 advertising or the disposition, concealment, or diversion of 12 any funds or assets of any person which adversely affects the 13 interests of a purchaser of any interest in subdivided lands, 14 and who directly or indirectly controls a subdivider or is a 15 general partner, officer, director, agent, or employee of a 16 subdivider shall also be liable under this subsection jointly 17 and severally with and to the same extent as the subdivider, 18 unless that person did not know, and in the exercise of 19 reasonable care could not have known, of the existence of the 20 facts creating the alleged liability. Among these persons a 21 right of contribution shall exist, except that a creditor of a 22 subdivider shall not be jointly and severally liable unless 23 the creditor has assumed managerial or fiduciary 24 responsibility in a manner related to the basis for the 25 liability of the subdivider under this subsection. Civil 26 penalties shall be limited to $10,000 for each offense, and 27 all amounts collected shall be deposited with the Treasurer to 28 the credit of the Professional Regulation Division of Florida 29 Land Sales, Condominiums, and Mobile Homes Trust Fund. No 30 order requiring the payment of a civil penalty shall become 31 effective until 20 days after the date of the order, unless 62 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 otherwise agreed in writing by the person on whom the penalty 2 is imposed. 3 Section 67. Subsection (2) of section 190.009, Florida 4 Statutes, is amended to read: 5 190.009 Disclosure of public financing.-- 6 (2) The Division of Real Estate Florida Land Sales, 7 Condominiums, and Mobile Homes of the Department of Business 8 and Professional Regulation shall ensure that disclosures made 9 by developers pursuant to chapter 498 meet the requirements of 10 subsection (1). 11 Section 68. The regulation of land sales pursuant to 12 chapter 498, Florida Statutes, shall remain under the 13 Department of Business and Professional Regulation but is 14 reassigned from the Division of Florida Land Sales, 15 Condominiums, and Mobile Homes to the Division of Real Estate. 16 All funds collected by the department pursuant to this 17 regulation and all funds in the account created within the 18 Florida Land Sales, Condominiums, and Mobile Homes Trust Fund 19 for the purpose of this regulation shall be deposited in an 20 account created within the Professional Regulation Trust Fund 21 for this same purpose. 22 Section 69. Subsection (17) of section 718.103, 23 Florida Statutes, is amended to read: 24 718.103 Definitions.--As used in this chapter, the 25 term: 26 (17) "Division" means the Division of Florida Land 27 Sales, Condominiums, Timeshare, and Mobile Homes of the 28 Department of Business and Professional Regulation. 29 Section 70. Paragraph (c) of subsection (4) of section 30 718.105, Florida Statutes, is amended to read: 31 718.105 Recording of declaration.-- 63 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (4) 2 (c) If the sum of money held by the clerk has not been 3 paid to the developer or association as provided in paragraph 4 (b) by 3 years after the date the declaration was originally 5 recorded, the clerk in his or her discretion may notify, in 6 writing, the registered agent of the association that the sum 7 is still available and the purpose for which it was deposited. 8 If the association does not record the certificate within 90 9 days after the clerk has given the notice, the clerk may 10 disburse the money to the developer. If the developer cannot 11 be located, the clerk shall disburse the money to the division 12 of Florida Land Sales, Condominiums, and Mobile Homes for 13 deposit in the Division of Florida Land Sales, Condominiums, 14 Timeshare, and Mobile Homes Trust Fund. 15 Section 71. Section 718.1255, Florida Statutes, is 16 amended to read: 17 718.1255 Alternative dispute resolution; voluntary 18 mediation; mandatory nonbinding arbitration and mediation; 19 local resolution; exemptions; legislative findings.-- 20 (1) APPLICABILITY DEFINITIONS.-- 21 (a) The provisions of subsection (3) apply to As used 22 in this section, the term "dispute" means any disagreement 23 between two or more parties that involves: 24 (a) The authority of the board of directors, under 25 this chapter or association document to: 26 1. Require any owner to take any action, or not to 27 take any action, involving that owner's unit or the 28 appurtenances thereto. 29 2. Alter or add to a common area or element. 30 (b) the failure of a governing body, when required by 31 this chapter or an association document, to: 64 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 1. properly conduct elections or to recall a board 2 member. 3 (b) The provisions of paragraph (3)(f)-(n) apply to 4 any disagreement between two or more parties that involves: 5 1. The authority of the board of directors, under this 6 chapter or an association document, to: 7 a. Require any owner to take any action, or not to 8 take any action, involving that owner's unit or the 9 appurtenances thereto; or 10 b. Alter or add to a common area or element. 11 2. The failure of a governing body, when required by 12 this chapter or an association document, to: 13 a.2. Give adequate notice of meetings or other 14 actions;. 15 b.3. Properly conduct meetings; or. 16 c.4. Allow inspection of books and records. 17 18 "Dispute" does not include any disagreement that primarily 19 involves: title to any unit or common element; the 20 interpretation or enforcement of any warranty; the levy of a 21 fee or assessment, or the collection of an assessment levied 22 against a party; the eviction or other removal of a tenant 23 from a unit; alleged breaches of fiduciary duty by one or more 24 directors; or claims for damages to a unit based upon the 25 alleged failure of the association to maintain the common 26 elements or condominium property. 27 (2) VOLUNTARY MEDIATION.--Voluntary mediation through 28 Citizen Dispute Settlement Centers as provided for in s. 29 44.201 is encouraged. 30 (2)(3) LEGISLATIVE FINDINGS.-- 31 (a) The Legislature finds that unit owners are 65 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 frequently at a disadvantage when litigating against an 2 association. Specifically, a condominium association, with its 3 statutory assessment authority, is often more able to bear the 4 costs and expenses of litigation than the unit owner who must 5 rely on his or her own financial resources to satisfy the 6 costs of litigation against the association. 7 (b) The Legislature finds that the courts are becoming 8 overcrowded with condominium and other disputes, and further 9 finds that alternative dispute resolution has been making 10 progress in reducing court dockets and trials and in offering 11 a more efficient, cost-effective option to court litigation. 12 However, the Legislature also finds that alternative dispute 13 resolution should not be used as a mechanism to encourage the 14 filing of frivolous or nuisance suits. 15 (c) There exists a need to develop a flexible means of 16 alternative dispute resolution that directs disputes to the 17 most efficient means of resolution. 18 (d) The high cost and significant delay of circuit 19 court litigation faced by unit owners in the state can be 20 alleviated by requiring nonbinding arbitration and mediation 21 in appropriate cases, thereby reducing delay and attorney's 22 fees while preserving the right of either party to have its 23 case heard by a jury, if applicable, in a court of law. 24 (3)(4) MANDATORY NONBINDING ARBITRATION AND MEDIATION 25 OF DISPUTES.--The division of Florida Land Sales, 26 Condominiums, and Mobile Homes of the Department of Business 27 and Professional Regulation shall provide employ full-time 28 attorneys to act as arbitrators to conduct the arbitration 29 hearings as required provided by this chapter. The department 30 may employ attorneys to act as arbitrators, and the division 31 may also certify attorneys who are not employed by the 66 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 division to act as arbitrators to conduct the arbitration 2 hearings provided by this chapter section. No person may be 3 employed by the department as an a full-time arbitrator unless 4 he or she is a member in good standing of The Florida Bar. The 5 department shall promulgate rules of procedure to govern such 6 arbitration hearings including mediation incident thereto. 7 The decision of an arbitrator shall be final; however, such a 8 decision shall not be deemed final agency action. Nothing in 9 this provision shall be construed to foreclose parties from 10 proceeding in a trial de novo unless the parties have agreed 11 that the arbitration is binding. If such judicial proceedings 12 are initiated, the final decision of the arbitrator shall be 13 admissible in evidence in the trial de novo. 14 (a) Prior to the institution of court litigation, a 15 party to a dispute shall petition the division for nonbinding 16 arbitration. The petition must be accompanied by a filing fee 17 in the amount of $50. Filing fees collected under this 18 section must be used to defray the expenses of the alternative 19 dispute resolution program. 20 (b) The petition must recite, and have attached 21 thereto, supporting proof that the petitioner gave the 22 respondents: 23 1. Advance written notice of the specific nature of 24 the dispute; 25 2. A demand for relief, and a reasonable opportunity 26 to comply or to provide the relief; and 27 3. Notice of the intention to file an arbitration 28 petition or other legal action in the absence of a resolution 29 of the dispute. 30 31 Failure to include the allegations or proof of compliance with 67 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 these prerequisites requires dismissal of the petition without 2 prejudice. 3 (c) Upon receipt, the petition shall be promptly 4 reviewed by the division to determine the existence of a 5 dispute and compliance with the requirements of paragraphs (a) 6 and (b). If emergency relief is required and is not available 7 through arbitration, a motion to stay the arbitration may be 8 filed. The motion must be accompanied by a verified petition 9 alleging facts that, if proven, would support entry of a 10 temporary injunction, and if an appropriate motion and 11 supporting papers are filed, the division may abate the 12 arbitration pending a court hearing and disposition of a 13 motion for temporary injunction. 14 (d) Upon determination by the division that a dispute 15 exists and that the petition substantially meets the 16 requirements of paragraphs (a) and (b) and any other 17 applicable rules, a copy of the petition shall forthwith be 18 served by the division upon all respondents. 19 (e) Either before or after the filing of the 20 respondents' answer to the petition, any party may request 21 that the arbitrator refer the case to mediation under this 22 section and any rules adopted by the division. Upon receipt 23 of a request for mediation, the division shall promptly 24 contact the parties to determine if there is agreement that 25 mediation would be appropriate. If all parties agree, the 26 dispute must be referred to mediation. Notwithstanding a lack 27 of an agreement by all parties, the arbitrator may refer a 28 dispute to mediation at any time. 29 (f) The arbitrator or the division may refer the 30 parties to a Citizens Dispute Settlement Center under s. 31 44.201 in the county in which the dispute arose Upon referral 68 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 of a case to mediation, or the parties may agree on must 2 select a mutually acceptable mediator. To assist in the 3 selection, the arbitrator shall provide the parties with a 4 list of both volunteer and paid mediators that have been 5 certified by the division under s. 718.501. If the parties 6 are unable to agree on a mediator within the time allowed by 7 the arbitrator or the division, the arbitrator or the division 8 shall appoint a mediator from the list of certified mediators. 9 If a case is referred to mediation, the parties shall attend a 10 mediation conference, as scheduled by the parties and the 11 mediator. If any party fails to attend a duly noticed 12 mediation conference, without the permission or approval of 13 the arbitrator or mediator, the arbitrator or the division may 14 must impose sanctions against the party, including the 15 striking of any pleadings filed, the entry of an order of 16 dismissal or default if appropriate, and the award of costs 17 and attorneys' fees incurred by the other parties. Unless 18 otherwise agreed to by the parties or as provided by order of 19 the arbitrator, a party is deemed to have appeared at a 20 mediation conference by the physical presence of the party or 21 its representative having full authority to settle without 22 further consultation, provided that an association may comply 23 by having one or more representatives present with full 24 authority to negotiate a settlement and recommend that the 25 board of administration ratify and approve such a settlement 26 within 5 days from the date of the mediation conference. The 27 mediator or Citizens Dispute Settlement Center may charge fees 28 for handling these cases. The parties shall share equally the 29 expense of mediation, unless they agree otherwise. 30 (g) The purpose of mediation as provided for by this 31 section is to present the parties with an opportunity to 69 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 resolve the underlying dispute in good faith, and with a 2 minimum expenditure of time and resources. 3 (h) Mediation proceedings must generally be conducted 4 in accordance with the Florida Rules of Civil Procedure, and 5 these proceedings are privileged and confidential to the same 6 extent as court-ordered mediation. Persons who are not parties 7 to the dispute are not allowed to attend the mediation 8 conference without the consent of all parties, with the 9 exception of counsel for the parties and corporate 10 representatives designated to appear for a party. If the case 11 was referred to mediation by an arbitrator and the mediator 12 declares an impasse after a mediation conference ends in an 13 impasse has been held, the arbitration proceeding terminates, 14 unless all parties agree in writing to continue the 15 arbitration proceeding, in which case the arbitrator's 16 decision shall be either binding or nonbinding, as agreed upon 17 by the parties; in the arbitration proceeding, the arbitrator 18 shall not consider any evidence relating to the unsuccessful 19 mediation except in a proceeding to impose sanctions for 20 failure to appear at the mediation conference. If the parties 21 do not agree to continue arbitration, the arbitrator shall 22 enter an order of dismissal, and either party may institute a 23 suit in a court of competent jurisdiction. If the case was 24 referred to mediation by the division and ends in an impasse, 25 either party may institute a suit in a court of competent 26 jurisdiction. The parties may seek to recover any costs and 27 attorneys' fees incurred in connection with arbitration and 28 mediation proceedings under this section as part of the costs 29 and fees that may be recovered by the prevailing party in any 30 subsequent litigation. 31 (i) Arbitration shall be conducted according to rules 70 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 promulgated by the division. The filing of a petition for 2 arbitration shall toll the applicable statute of limitations. 3 (j) At the request of any party to the arbitration, 4 such arbitrator shall issue subpoenas for the attendance of 5 witnesses and the production of books, records, documents, and 6 other evidence and any party on whose behalf a subpoena is 7 issued may apply to the court for orders compelling such 8 attendance and production. Subpoenas shall be served and shall 9 be enforceable in the manner provided by the Florida Rules of 10 Civil Procedure. Discovery may, in the discretion of the 11 arbitrator, be permitted in the manner provided by the Florida 12 Rules of Civil Procedure. Rules adopted by the division may 13 authorize any reasonable sanctions except contempt for a 14 violation of the arbitration procedural rules of the division 15 or for the failure of a party to comply with a reasonable 16 nonfinal order issued by an arbitrator which is not under 17 judicial review. 18 (k) The arbitration decision shall be presented to the 19 parties in writing. An arbitration decision is final in those 20 disputes in which the parties have agreed to be bound. An 21 arbitration decision is also final if a complaint for a trial 22 de novo is not filed in a court of competent jurisdiction in 23 which the condominium is located within 30 days. The right to 24 file for a trial de novo entitles the parties to file a 25 complaint in the appropriate trial court for a judicial 26 resolution of the dispute. The prevailing party in an 27 arbitration proceeding shall be awarded the costs of the 28 arbitration and reasonable attorney's fees in an amount 29 determined by the arbitrator. Such an award shall include the 30 costs and reasonable attorney's fees incurred in the 31 arbitration proceeding as well as the costs and reasonable 71 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 attorney's fees incurred in preparing for and attending any 2 scheduled mediation. 3 (l) The party who files a complaint for a trial de 4 novo shall be assessed the other party's arbitration costs, 5 court costs, and other reasonable costs, including attorney's 6 fees, investigation expenses, and expenses for expert or other 7 testimony or evidence incurred after the arbitration hearing 8 if the judgment upon the trial de novo is not more favorable 9 than the arbitration decision. If the judgment is more 10 favorable, the party who filed a complaint for trial de novo 11 shall be awarded reasonable court costs and attorney's fees. 12 (m) Any party to an arbitration proceeding may enforce 13 an arbitration award by filing a petition in a court of 14 competent jurisdiction in which the condominium is located. A 15 petition may not be granted unless the time for appeal by the 16 filing of a complaint for trial de novo has expired. If a 17 complaint for a trial de novo has been filed, a petition may 18 not be granted with respect to an arbitration award that has 19 been stayed. If the petition for enforcement is granted, the 20 petitioner shall recover reasonable attorney's fees and costs 21 incurred in enforcing the arbitration award. A mediation 22 settlement may also be enforced through the county or circuit 23 court, as applicable, by the filing of a court case. and Any 24 costs and fees incurred in the enforcement of a settlement 25 agreement reached at mediation must be awarded to the 26 prevailing party in any enforcement action. 27 (n) In the resolution of these cases on the local 28 level, past precedent of prior division arbitration decisions 29 shall be considered and followed where appropriate. 30 (4) EXEMPTIONS.--A dispute is not subject to 31 resolution under this section if it includes any disagreement 72 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 that primarily involves: 2 (a) Title to any unit or common element; 3 (b) The interpretation or enforcement of any warranty; 4 (c) The levy of a fee or assessment or the collection 5 of an assessment levied against a party; 6 (d) The eviction or other removal of a tenant from a 7 unit; 8 (e) Alleged breaches of fiduciary duty by one or more 9 directors; or 10 (f) 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 (5) DISPUTES INVOLVING ELECTION IRREGULARITIES.--Every 14 arbitration petition received by the division and required to 15 be filed under this section challenging the legality of the 16 election of any director of the board of administration shall 17 be handled on an expedited basis in the manner provided by 18 division rules for recall arbitration disputes. 19 Section 72. The Division of Condominiums, Timeshare, 20 and Mobile Homes of the Department of Business and 21 Professional Regulation shall continue the arbitration of any 22 cases which qualified for arbitration on the date the case was 23 filed with the division and which were filed with the division 24 prior to the date on which this act becomes law. 25 Section 73. There is appropriated 1 FTE and $440,626 26 from the Division of Condominiums, Timeshare, and Mobile Homes 27 Trust Fund to the Department of Business and Professional 28 Regulation for the purpose of investigating and resolving 29 disputes and dealing with compliance issues relating to 30 condominiums and cooperatives. This appropriation shall not 31 take effect if a similar amount of funding is included in the 73 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 various appropriations for compliance and enforcement in the 2 Florida Condominiums, Timeshare, and Mobile Homes program in 3 the fiscal year 2001-2002 General Appropriations Act. 4 Section 74. Section 718.501, Florida Statutes, is 5 amended to read: 6 718.501 Powers and duties of Division of Florida Land 7 Sales, Condominiums, Timeshare, and Mobile Homes.-- 8 (1) The Division of Florida Land Sales, Condominiums, 9 Timeshare, and Mobile Homes of the Department of Business and 10 Professional Regulation, referred to as the "division" in this 11 part, in addition to other powers and duties prescribed by 12 chapter 498, has the power to enforce and ensure compliance 13 with the provisions of this chapter and rules adopted 14 promulgated pursuant hereto relating to the development, 15 construction, sale, lease, ownership, operation, and 16 management of residential condominium units. In performing its 17 duties, the division has the following powers and duties: 18 (a) The division may make necessary public or private 19 investigations within or outside this state to determine 20 whether any person has violated this chapter or any rule or 21 order hereunder, to aid in the enforcement of this chapter, or 22 to aid in the adoption of rules or forms hereunder. 23 (b) The division may require or permit any person to 24 file a statement in writing, under oath or otherwise, as the 25 division determines, as to the facts and circumstances 26 concerning a matter to be investigated. 27 (c) For the purpose of any investigation under this 28 chapter, the division director or any officer or employee 29 designated by the division director may administer oaths or 30 affirmations, subpoena witnesses and compel their attendance, 31 take evidence, and require the production of any matter which 74 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 is relevant to the investigation, including the existence, 2 description, nature, custody, condition, and location of any 3 books, documents, or other tangible things and the identity 4 and location of persons having knowledge of relevant facts or 5 any other matter reasonably calculated to lead to the 6 discovery of material evidence. Upon the failure by a person 7 to obey a subpoena or to answer questions propounded by the 8 investigating officer and upon reasonable notice to all 9 persons affected thereby, the division may apply to the 10 circuit court for an order compelling compliance. 11 (d) Notwithstanding any remedies available to unit 12 owners and associations, if the division has reasonable cause 13 to believe that a violation of any provision of this chapter 14 or rule promulgated pursuant hereto has occurred, the division 15 may institute enforcement proceedings in its own name against 16 any developer, association, officer, or member of the board of 17 administration, or its assignees or agents, as follows: 18 1. The division may permit a person whose conduct or 19 actions may be under investigation to waive formal proceedings 20 and enter into a consent proceeding whereby orders, rules, or 21 letters of censure or warning, whether formal or informal, may 22 be entered against the person. 23 2. The division may issue an order requiring the 24 developer, association, officer, or member of the board of 25 administration, or its assignees or agents, to cease and 26 desist from the unlawful practice and take such affirmative 27 action as in the judgment of the division will carry out the 28 purposes of this chapter. Such affirmative action may include, 29 but is not limited to, an order requiring a developer to pay 30 moneys determined to be owed to a condominium association. 31 3. The division may bring an action in circuit court 75 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 on behalf of a class of unit owners, lessees, or purchasers 2 for declaratory relief, injunctive relief, or restitution. 3 4. The division may impose a civil penalty against a 4 developer or association, or its assignee or agent, for any 5 violation of this chapter or a rule promulgated pursuant 6 hereto. The division may impose a civil penalty individually 7 against any officer or board member who willfully and 8 knowingly violates a provision of this chapter, a rule adopted 9 pursuant hereto, or a final order of the division. The term 10 "willfully and knowingly" means that the division informed the 11 officer or board member that his or her action or intended 12 action violates this chapter, a rule adopted under this 13 chapter, or a final order of the division and that the officer 14 or board member refused to comply with the requirements of 15 this chapter, a rule adopted under this chapter, or a final 16 order of the division. The division, prior to initiating 17 formal agency action under chapter 120, shall afford the 18 officer or board member an opportunity to voluntarily comply 19 with this chapter, a rule adopted under this chapter, or a 20 final order of the division. An officer or board member who 21 complies within 10 days is not subject to a civil penalty. A 22 penalty may be imposed on the basis of each day of continuing 23 violation, but in no event shall the penalty for any offense 24 exceed $5,000. By January 1, 1998, the division shall adopt, 25 by rule, penalty guidelines applicable to possible violations 26 or to categories of violations of this chapter or rules 27 adopted by the division. The guidelines must specify a 28 meaningful range of civil penalties for each such violation of 29 the statute and rules and must be based upon the harm caused 30 by the violation, the repetition of the violation, and upon 31 such other factors deemed relevant by the division. For 76 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 example, the division may consider whether the violations were 2 committed by a developer or owner-controlled association, the 3 size of the association, and other factors. The guidelines 4 must designate the possible mitigating or aggravating 5 circumstances that justify a departure from the range of 6 penalties provided by the rules. It is the legislative intent 7 that minor violations be distinguished from those which 8 endanger the health, safety, or welfare of the condominium 9 residents or other persons and that such guidelines provide 10 reasonable and meaningful notice to the public of likely 11 penalties that may be imposed for proscribed conduct. This 12 subsection does not limit the ability of the division to 13 informally dispose of administrative actions or complaints by 14 stipulation, agreed settlement, or consent order. All amounts 15 collected shall be deposited with the Treasurer to the credit 16 of the Division of Florida Land Sales, Condominiums, 17 Timeshare, and Mobile Homes Trust Fund. If a developer fails 18 to pay the civil penalty, the division shall thereupon issue 19 an order directing that such developer cease and desist from 20 further operation until such time as the civil penalty is paid 21 or may pursue enforcement of the penalty in a court of 22 competent jurisdiction. If an association fails to pay the 23 civil penalty, the division shall thereupon pursue enforcement 24 in a court of competent jurisdiction, and the order imposing 25 the civil penalty or the cease and desist order will not 26 become effective until 20 days after the date of such order. 27 Any action commenced by the division shall be brought in the 28 county in which the division has its executive offices or in 29 the county where the violation occurred. 30 (e) The division is authorized to prepare and 31 disseminate a prospectus and other information to assist 77 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 prospective owners, purchasers, lessees, and developers of 2 residential condominiums in assessing the rights, privileges, 3 and duties pertaining thereto. 4 (f) The division has authority to adopt rules pursuant 5 to ss. 120.536(1) and 120.54 to implement and enforce the 6 provisions of this chapter. 7 (g) The division shall establish procedures for 8 providing notice to an association when the division is 9 considering the issuance of a declaratory statement with 10 respect to the declaration of condominium or any related 11 document governing in such condominium community. 12 (h) The division shall furnish each association which 13 pays the fees required by paragraph (2)(a) a copy of this act, 14 subsequent changes to this act on an annual basis, an amended 15 version of this act as it becomes available from the Secretary 16 of State's office on a biennial basis, and the rules 17 promulgated pursuant thereto on an annual basis. 18 (i) The division shall annually provide each 19 association with a summary of declaratory statements and 20 formal legal opinions relating to the operations of 21 condominiums which were rendered by the division during the 22 previous year. 23 (j) The division shall provide training programs for 24 condominium association board members and unit owners. 25 (k) The division shall maintain a toll-free telephone 26 number accessible to condominium unit owners. 27 (l) The division shall develop a program to certify 28 both volunteer and paid mediators to provide mediation of 29 condominium disputes. The division shall provide, upon 30 request, a list of such mediators to any association, unit 31 owner, or other participant in arbitration proceedings under 78 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 s. 718.1255 requesting a copy of the list. The division shall 2 include on the list of volunteer mediators only the names of 3 persons who have received at least 20 hours of training in 4 mediation techniques or who have mediated at least 20 5 disputes. In order to become initially certified by the 6 division, paid mediators must be certified by the Supreme 7 Court to mediate court cases in either county or circuit 8 courts. However, the division may adopt, by rule, additional 9 factors for the certification of paid mediators, which factors 10 must be related to experience, education, or background. Any 11 person initially certified as a paid mediator by the division 12 must, in order to continue to be certified, comply with the 13 factors or requirements imposed by rules adopted by the 14 division. 15 (m) When a complaint is made, the division shall 16 conduct its inquiry with due regard to the interests of the 17 affected parties. Within 30 days after receipt of a complaint, 18 the division shall acknowledge the complaint in writing and 19 notify the complainant whether the complaint is within the 20 jurisdiction of the division and whether additional 21 information is needed by the division from the complainant. 22 The division shall conduct its investigation and shall, within 23 90 days after receipt of the original complaint or of timely 24 requested additional information, take action upon the 25 complaint. However, the failure to complete the investigation 26 within 90 days does not prevent the division from continuing 27 the investigation, accepting or considering evidence obtained 28 or received after 90 days, or taking administrative action if 29 reasonable cause exists to believe that a violation of this 30 chapter or a rule of the division has occurred. If an 31 investigation is not completed within the time limits 79 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 established in this paragraph, the division shall, on a 2 monthly basis, notify the complainant in writing of the status 3 of the investigation. When reporting its action to the 4 complainant, the division shall inform the complainant of any 5 right to a hearing pursuant to ss. 120.569 and 120.57. 6 (2)(a) Effective January 1, 1992, each condominium 7 association which operates more than two units shall pay to 8 the division an annual fee in the amount of $4 for each 9 residential unit in condominiums operated by the association. 10 If the fee is not paid by March 1, then the association shall 11 be assessed a penalty of 10 percent of the amount due, and the 12 association will not have standing to maintain or defend any 13 action in the courts of this state until the amount due, plus 14 any penalty, is paid. 15 (b) All fees shall be deposited in the Division of 16 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes 17 Trust Fund as provided by law. 18 Section 75. Paragraph (a) of subsection (2) of section 19 718.502, Florida Statutes, is amended to read: 20 718.502 Filing prior to sale or lease.-- 21 (2)(a) Prior to filing as required by subsection (1), 22 and prior to acquiring an ownership, leasehold, or contractual 23 interest in the land upon which the condominium is to be 24 developed, a developer shall not offer a contract for purchase 25 of a unit or lease of a unit for more than 5 years. However, 26 the developer may accept deposits for reservations upon the 27 approval of a fully executed escrow agreement and reservation 28 agreement form properly filed with the division of Florida 29 Land Sales, Condominiums, and Mobile Homes. Each filing of a 30 proposed reservation program shall be accompanied by a filing 31 fee of $250. Reservations shall not be taken on a proposed 80 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 condominium unless the developer has an ownership, leasehold, 2 or contractual interest in the land upon which the condominium 3 is to be developed. The division shall notify the developer 4 within 20 days of receipt of the reservation filing of any 5 deficiencies contained therein. Such notification shall not 6 preclude the determination of reservation filing deficiencies 7 at a later date, nor shall it relieve the developer of any 8 responsibility under the law. The escrow agreement and the 9 reservation agreement form shall include a statement of the 10 right of the prospective purchaser to an immediate unqualified 11 refund of the reservation deposit moneys upon written request 12 to the escrow agent by the prospective purchaser or the 13 developer. 14 Section 76. Section 718.504, Florida Statutes, is 15 amended to read: 16 718.504 Prospectus or offering circular.--Every 17 developer of a residential condominium which contains more 18 than 20 residential units, or which is part of a group of 19 residential condominiums which will be served by property to 20 be used in common by unit owners of more than 20 residential 21 units, shall prepare a prospectus or offering circular and 22 file it with the division of Florida Land Sales, Condominiums, 23 and Mobile Homes prior to entering into an enforceable 24 contract of purchase and sale of any unit or lease of a unit 25 for more than 5 years and shall furnish a copy of the 26 prospectus or offering circular to each buyer. In addition to 27 the prospectus or offering circular, each buyer shall be 28 furnished a separate page entitled "Frequently Asked Questions 29 and Answers," which shall be in accordance with a format 30 approved by the division and a copy of the financial 31 information required by s. 718.111. This page shall, in 81 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 readable language, inform prospective purchasers regarding 2 their voting rights and unit use restrictions, including 3 restrictions on the leasing of a unit; shall indicate whether 4 and in what amount the unit owners or the association is 5 obligated to pay rent or land use fees for recreational or 6 other commonly used facilities; shall contain a statement 7 identifying that amount of assessment which, pursuant to the 8 budget, would be levied upon each unit type, exclusive of any 9 special assessments, and which shall further identify the 10 basis upon which assessments are levied, whether monthly, 11 quarterly, or otherwise; shall state and identify any court 12 cases in which the association is currently a party of record 13 in which the association may face liability in excess of 14 $100,000; and which shall further state whether membership in 15 a recreational facilities association is mandatory, and if so, 16 shall identify the fees currently charged per unit type. The 17 division shall by rule require such other disclosure as in its 18 judgment will assist prospective purchasers. The prospectus or 19 offering circular may include more than one condominium, 20 although not all such units are being offered for sale as of 21 the date of the prospectus or offering circular. The 22 prospectus or offering circular must contain the following 23 information: 24 (1) The front cover or the first page must contain 25 only: 26 (a) The name of the condominium. 27 (b) The following statements in conspicuous type: 28 1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS 29 IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM 30 UNIT. 31 2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN 82 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL 2 REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND 3 SALES MATERIALS. 4 3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS 5 CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER 6 TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR 7 CORRECT REPRESENTATIONS. 8 (2) Summary: The next page must contain all 9 statements required to be in conspicuous type in the 10 prospectus or offering circular. 11 (3) A separate index of the contents and exhibits of 12 the prospectus. 13 (4) Beginning on the first page of the text (not 14 including the summary and index), a description of the 15 condominium, including, but not limited to, the following 16 information: 17 (a) Its name and location. 18 (b) A description of the condominium property, 19 including, without limitation: 20 1. The number of buildings, the number of units in 21 each building, the number of bathrooms and bedrooms in each 22 unit, and the total number of units, if the condominium is not 23 a phase condominium, or the maximum number of buildings that 24 may be contained within the condominium, the minimum and 25 maximum numbers of units in each building, the minimum and 26 maximum numbers of bathrooms and bedrooms that may be 27 contained in each unit, and the maximum number of units that 28 may be contained within the condominium, if the condominium is 29 a phase condominium. 30 2. The page in the condominium documents where a copy 31 of the plot plan and survey of the condominium is located. 83 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 3. The estimated latest date of completion of 2 constructing, finishing, and equipping. In lieu of a date, 3 the description shall include a statement that the estimated 4 date of completion of the condominium is in the purchase 5 agreement and a reference to the article or paragraph 6 containing that information. 7 (c) The maximum number of units that will use 8 facilities in common with the condominium. If the maximum 9 number of units will vary, a description of the basis for 10 variation and the minimum amount of dollars per unit to be 11 spent for additional recreational facilities or enlargement of 12 such facilities. If the addition or enlargement of facilities 13 will result in a material increase of a unit owner's 14 maintenance expense or rental expense, if any, the maximum 15 increase and limitations thereon shall be stated. 16 (5)(a) A statement in conspicuous type describing 17 whether the condominium is created and being sold as fee 18 simple interests or as leasehold interests. If the condominium 19 is created or being sold on a leasehold, the location of the 20 lease in the disclosure materials shall be stated. 21 (b) If timeshare estates are or may be created with 22 respect to any unit in the condominium, a statement in 23 conspicuous type stating that timeshare estates are created 24 and being sold in units in the condominium. 25 (6) A description of the recreational and other 26 commonly used facilities that will be used only by unit owners 27 of the condominium, including, but not limited to, the 28 following: 29 (a) Each room and its intended purposes, location, 30 approximate floor area, and capacity in numbers of people. 31 (b) Each swimming pool, as to its general location, 84 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 approximate size and depths, approximate deck size and 2 capacity, and whether heated. 3 (c) Additional facilities, as to the number of each 4 facility, its approximate location, approximate size, and 5 approximate capacity. 6 (d) A general description of the items of personal 7 property and the approximate number of each item of personal 8 property that the developer is committing to furnish for each 9 room or other facility or, in the alternative, a 10 representation as to the minimum amount of expenditure that 11 will be made to purchase the personal property for the 12 facility. 13 (e) The estimated date when each room or other 14 facility will be available for use by the unit owners. 15 (f)1. An identification of each room or other facility 16 to be used by unit owners that will not be owned by the unit 17 owners or the association; 18 2. A reference to the location in the disclosure 19 materials of the lease or other agreements providing for the 20 use of those facilities; and 21 3. A description of the terms of the lease or other 22 agreements, including the length of the term; the rent 23 payable, directly or indirectly, by each unit owner, and the 24 total rent payable to the lessor, stated in monthly and annual 25 amounts for the entire term of the lease; and a description of 26 any option to purchase the property leased under any such 27 lease, including the time the option may be exercised, the 28 purchase price or how it is to be determined, the manner of 29 payment, and whether the option may be exercised for a unit 30 owner's share or only as to the entire leased property. 31 (g) A statement as to whether the developer may 85 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 provide additional facilities not described above; their 2 general locations and types; improvements or changes that may 3 be made; the approximate dollar amount to be expended; and the 4 maximum additional common expense or cost to the individual 5 unit owners that may be charged during the first annual period 6 of operation of the modified or added facilities. 7 8 Descriptions as to locations, areas, capacities, numbers, 9 volumes, or sizes may be stated as approximations or minimums. 10 (7) A description of the recreational and other 11 facilities that will be used in common with other 12 condominiums, community associations, or planned developments 13 which require the payment of the maintenance and expenses of 14 such facilities, either directly or indirectly, by the unit 15 owners. The description shall include, but not be limited to, 16 the following: 17 (a) Each building and facility committed to be built. 18 (b) Facilities not committed to be built except under 19 certain conditions, and a statement of those conditions or 20 contingencies. 21 (c) As to each facility committed to be built, or 22 which will be committed to be built upon the happening of one 23 of the conditions in paragraph (b), a statement of whether it 24 will be owned by the unit owners having the use thereof or by 25 an association or other entity which will be controlled by 26 them, or others, and the location in the exhibits of the lease 27 or other document providing for use of those facilities. 28 (d) The year in which each facility will be available 29 for use by the unit owners or, in the alternative, the maximum 30 number of unit owners in the project at the time each of all 31 of the facilities is committed to be completed. 86 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (e) A general description of the items of personal 2 property, and the approximate number of each item of personal 3 property, that the developer is committing to furnish for each 4 room or other facility or, in the alternative, a 5 representation as to the minimum amount of expenditure that 6 will be made to purchase the personal property for the 7 facility. 8 (f) If there are leases, a description thereof, 9 including the length of the term, the rent payable, and a 10 description of any option to purchase. 11 12 Descriptions shall include location, areas, capacities, 13 numbers, volumes, or sizes and may be stated as approximations 14 or minimums. 15 (8) Recreation lease or associated club membership: 16 (a) If any recreational facilities or other facilities 17 offered by the developer and available to, or to be used by, 18 unit owners are to be leased or have club membership 19 associated, the following statement in conspicuous type shall 20 be included: THERE IS A RECREATIONAL FACILITIES LEASE 21 ASSOCIATED WITH THIS CONDOMINIUM; or, THERE IS A CLUB 22 MEMBERSHIP ASSOCIATED WITH THIS CONDOMINIUM. There shall be a 23 reference to the location in the disclosure materials where 24 the recreation lease or club membership is described in 25 detail. 26 (b) If it is mandatory that unit owners pay a fee, 27 rent, dues, or other charges under a recreational facilities 28 lease or club membership for the use of facilities, there 29 shall be in conspicuous type the applicable statement: 30 1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS 31 MANDATORY FOR UNIT OWNERS; or 87 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF 2 OWNERSHIP, TO BE LESSEES UNDER THE RECREATIONAL FACILITIES 3 LEASE; or 4 3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE 5 COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, 6 REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES 7 LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or 8 4. A similar statement of the nature of the 9 organization or the manner in which the use rights are 10 created, and that unit owners are required to pay. 11 12 Immediately following the applicable statement, the location 13 in the disclosure materials where the development is described 14 in detail shall be stated. 15 (c) If the developer, or any other person other than 16 the unit owners and other persons having use rights in the 17 facilities, reserves, or is entitled to receive, any rent, 18 fee, or other payment for the use of the facilities, then 19 there shall be the following statement in conspicuous type: 20 THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND 21 USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES. 22 Immediately following this statement, the location in the 23 disclosure materials where the rent or land use fees are 24 described in detail shall be stated. 25 (d) If, in any recreation format, whether leasehold, 26 club, or other, any person other than the association has the 27 right to a lien on the units to secure the payment of 28 assessments, rent, or other exactions, there shall appear a 29 statement in conspicuous type in substantially the following 30 form: 31 1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO 88 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE 2 RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE 3 PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or 4 2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO 5 SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING 6 DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE 7 RECREATIONAL OR COMMONLY USED FACILITIES. THE UNIT OWNER'S 8 FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF 9 THE LIEN. 10 11 Immediately following the applicable statement, the location 12 in the disclosure materials where the lien or lien right is 13 described in detail shall be stated. 14 (9) If the developer or any other person has the right 15 to increase or add to the recreational facilities at any time 16 after the establishment of the condominium whose unit owners 17 have use rights therein, without the consent of the unit 18 owners or associations being required, there shall appear a 19 statement in conspicuous type in substantially the following 20 form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED 21 WITHOUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S). 22 Immediately following this statement, the location in the 23 disclosure materials where such reserved rights are described 24 shall be stated. 25 (10) A statement of whether the developer's plan 26 includes a program of leasing units rather than selling them, 27 or leasing units and selling them subject to such leases. If 28 so, there shall be a description of the plan, including the 29 number and identification of the units and the provisions and 30 term of the proposed leases, and a statement in boldfaced type 31 that: THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE. 89 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (11) The arrangements for management of the 2 association and maintenance and operation of the condominium 3 property and of other property that will serve the unit owners 4 of the condominium property, and a description of the 5 management contract and all other contracts for these purposes 6 having a term in excess of 1 year, including the following: 7 (a) The names of contracting parties. 8 (b) The term of the contract. 9 (c) The nature of the services included. 10 (d) The compensation, stated on a monthly and annual 11 basis, and provisions for increases in the compensation. 12 (e) A reference to the volumes and pages of the 13 condominium documents and of the exhibits containing copies of 14 such contracts. 15 16 Copies of all described contracts shall be attached as 17 exhibits. If there is a contract for the management of the 18 condominium property, then a statement in conspicuous type in 19 substantially the following form shall appear, identifying the 20 proposed or existing contract manager: THERE IS (IS TO BE) A 21 CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH 22 (NAME OF THE CONTRACT MANAGER). Immediately following this 23 statement, the location in the disclosure materials of the 24 contract for management of the condominium property shall be 25 stated. 26 (12) If the developer or any other person or persons 27 other than the unit owners has the right to retain control of 28 the board of administration of the association for a period of 29 time which can exceed 1 year after the closing of the sale of 30 a majority of the units in that condominium to persons other 31 than successors or alternate developers, then a statement in 90 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 conspicuous type in substantially the following form shall be 2 included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO 3 RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE 4 UNITS HAVE BEEN SOLD. Immediately following this statement, 5 the location in the disclosure materials where this right to 6 control is described in detail shall be stated. 7 (13) If there are any restrictions upon the sale, 8 transfer, conveyance, or leasing of a unit, then a statement 9 in conspicuous type in substantially the following form shall 10 be included: THE SALE, LEASE, OR TRANSFER OF UNITS IS 11 RESTRICTED OR CONTROLLED. Immediately following this 12 statement, the location in the disclosure materials where the 13 restriction, limitation, or control on the sale, lease, or 14 transfer of units is described in detail shall be stated. 15 (14) If the condominium is part of a phase project, 16 the following information shall be stated: 17 (a) A statement in conspicuous type in substantially 18 the following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL 19 LAND AND UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately 20 following this statement, the location in the disclosure 21 materials where the phasing is described shall be stated. 22 (b) A summary of the provisions of the declaration 23 which provide for the phasing. 24 (c) A statement as to whether or not residential 25 buildings and units which are added to the condominium may be 26 substantially different from the residential buildings and 27 units originally in the condominium. If the added residential 28 buildings and units may be substantially different, there 29 shall be a general description of the extent to which such 30 added residential buildings and units may differ, and a 31 statement in conspicuous type in substantially the following 91 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 form shall be included: BUILDINGS AND UNITS WHICH ARE ADDED TO 2 THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER 3 BUILDINGS AND UNITS IN THE CONDOMINIUM. Immediately following 4 this statement, the location in the disclosure materials where 5 the extent to which added residential buildings and units may 6 substantially differ is described shall be stated. 7 (d) A statement of the maximum number of buildings 8 containing units, the maximum and minimum numbers of units in 9 each building, the maximum number of units, and the minimum 10 and maximum square footage of the units that may be contained 11 within each parcel of land which may be added to the 12 condominium. 13 (15) If the condominium is or may become part of a 14 multicondominium, the following information must be provided: 15 (a) A statement in conspicuous type in substantially 16 the following form: THIS CONDOMINIUM IS (MAY BE) PART OF A 17 MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL 18 (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately 19 following this statement, the location in the prospectus or 20 offering circular and its exhibits where the multicondominium 21 aspects of the offering are described must be stated. 22 (b) A summary of the provisions in the declaration, 23 articles of incorporation, and bylaws which establish and 24 provide for the operation of the multicondominium, including a 25 statement as to whether unit owners in the condominium will 26 have the right to use recreational or other facilities located 27 or planned to be located in other condominiums operated by the 28 same association, and the manner of sharing the common 29 expenses related to such facilities. 30 (c) A statement of the minimum and maximum number of 31 condominiums, and the minimum and maximum number of units in 92 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 each of those condominiums, which will or may be operated by 2 the association, and the latest date by which the exact number 3 will be finally determined. 4 (d) A statement as to whether any of the condominiums 5 in the multicondominium may include units intended to be used 6 for nonresidential purposes and the purpose or purposes 7 permitted for such use. 8 (e) A general description of the location and 9 approximate acreage of any land on which any additional 10 condominiums to be operated by the association may be located. 11 (16) If the condominium is created by conversion of 12 existing improvements, the following information shall be 13 stated: 14 (a) The information required by s. 718.616. 15 (b) A caveat that there are no express warranties 16 unless they are stated in writing by the developer. 17 (17) A summary of the restrictions, if any, to be 18 imposed on units concerning the use of any of the condominium 19 property, including statements as to whether there are 20 restrictions upon children and pets, and reference to the 21 volumes and pages of the condominium documents where such 22 restrictions are found, or if such restrictions are contained 23 elsewhere, then a copy of the documents containing the 24 restrictions shall be attached as an exhibit. 25 (18) If there is any land that is offered by the 26 developer for use by the unit owners and that is neither owned 27 by them nor leased to them, the association, or any entity 28 controlled by unit owners and other persons having the use 29 rights to such land, a statement shall be made as to how such 30 land will serve the condominium. If any part of such land 31 will serve the condominium, the statement shall describe the 93 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 land and the nature and term of service, and the declaration 2 or other instrument creating such servitude shall be included 3 as an exhibit. 4 (19) The manner in which utility and other services, 5 including, but not limited to, sewage and waste disposal, 6 water supply, and storm drainage, will be provided and the 7 person or entity furnishing them. 8 (20) An explanation of the manner in which the 9 apportionment of common expenses and ownership of the common 10 elements has been determined. 11 (21) An estimated operating budget for the condominium 12 and the association, and a schedule of the unit owner's 13 expenses shall be attached as an exhibit and shall contain the 14 following information: 15 (a) The estimated monthly and annual expenses of the 16 condominium and the association that are collected from unit 17 owners by assessments. 18 (b) The estimated monthly and annual expenses of each 19 unit owner for a unit, other than common expenses paid by all 20 unit owners, payable by the unit owner to persons or entities 21 other than the association, as well as to the association, 22 including fees assessed pursuant to s. 718.113(1) for 23 maintenance of limited common elements where such costs are 24 shared only by those entitled to use the limited common 25 element, and the total estimated monthly and annual expense. 26 There may be excluded from this estimate expenses which are 27 not provided for or contemplated by the condominium documents, 28 including, but not limited to, the costs of private telephone; 29 maintenance of the interior of condominium units, which is not 30 the obligation of the association; maid or janitorial services 31 privately contracted for by the unit owners; utility bills 94 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 billed directly to each unit owner for utility services to his 2 or her unit; insurance premiums other than those incurred for 3 policies obtained by the condominium; and similar personal 4 expenses of the unit owner. A unit owner's estimated payments 5 for assessments shall also be stated in the estimated amounts 6 for the times when they will be due. 7 (c) The estimated items of expenses of the condominium 8 and the association, except as excluded under paragraph (b), 9 including, but not limited to, the following items, which 10 shall be stated either as an association expense collectible 11 by assessments or as unit owners' expenses payable to persons 12 other than the association: 13 1. Expenses for the association and condominium: 14 a. Administration of the association. 15 b. Management fees. 16 c. Maintenance. 17 d. Rent for recreational and other commonly used 18 facilities. 19 e. Taxes upon association property. 20 f. Taxes upon leased areas. 21 g. Insurance. 22 h. Security provisions. 23 i. Other expenses. 24 j. Operating capital. 25 k. Reserves. 26 l. Fees payable to the division. 27 2. Expenses for a unit owner: 28 a. Rent for the unit, if subject to a lease. 29 b. Rent payable by the unit owner directly to the 30 lessor or agent under any recreational lease or lease for the 31 use of commonly used facilities, which use and payment is a 95 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 mandatory condition of ownership and is not included in the 2 common expense or assessments for common maintenance paid by 3 the unit owners to the association. 4 (d) The estimated amounts shall be stated for a period 5 of at least 12 months and may distinguish between the period 6 prior to the time unit owners other than the developer elect a 7 majority of the board of administration and the period after 8 that date. 9 (22) A schedule of estimated closing expenses to be 10 paid by a buyer or lessee of a unit and a statement of whether 11 title opinion or title insurance policy is available to the 12 buyer and, if so, at whose expense. 13 (23) The identity of the developer and the chief 14 operating officer or principal directing the creation and sale 15 of the condominium and a statement of its and his or her 16 experience in this field. 17 (24) Copies of the following, to the extent they are 18 applicable, shall be included as exhibits: 19 (a) The declaration of condominium, or the proposed 20 declaration if the declaration has not been recorded. 21 (b) The articles of incorporation creating the 22 association. 23 (c) The bylaws of the association. 24 (d) The ground lease or other underlying lease of the 25 condominium. 26 (e) The management agreement and all maintenance and 27 other contracts for management of the association and 28 operation of the condominium and facilities used by the unit 29 owners having a service term in excess of 1 year. 30 (f) The estimated operating budget for the condominium 31 and the required schedule of unit owners' expenses. 96 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (g) A copy of the floor plan of the unit and the plot 2 plan showing the location of the residential buildings and the 3 recreation and other common areas. 4 (h) The lease of recreational and other facilities 5 that will be used only by unit owners of the subject 6 condominium. 7 (i) The lease of facilities used by owners and others. 8 (j) The form of unit lease, if the offer is of a 9 leasehold. 10 (k) A declaration of servitude of properties serving 11 the condominium but not owned by unit owners or leased to them 12 or the association. 13 (l) The statement of condition of the existing 14 building or buildings, if the offering is of units in an 15 operation being converted to condominium ownership. 16 (m) The statement of inspection for termite damage and 17 treatment of the existing improvements, if the condominium is 18 a conversion. 19 (n) The form of agreement for sale or lease of units. 20 (o) A copy of the agreement for escrow of payments 21 made to the developer prior to closing. 22 (p) A copy of the documents containing any 23 restrictions on use of the property required by subsection 24 (16). 25 (25) Any prospectus or offering circular complying, 26 prior to the effective date of this act, with the provisions 27 of former ss. 711.69 and 711.802 may continue to be used 28 without amendment or may be amended to comply with the 29 provisions of this chapter. 30 (26) A brief narrative description of the location and 31 effect of all existing and intended easements located or to be 97 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 located on the condominium property other than those described 2 in the declaration. 3 (27) If the developer is required by state or local 4 authorities to obtain acceptance or approval of any dock or 5 marina facilities intended to serve the condominium, a copy of 6 any such acceptance or approval acquired by the time of filing 7 with the division under s. 718.502(1) or a statement that such 8 acceptance or approval has not been acquired or received. 9 (28) Evidence demonstrating that the developer has an 10 ownership, leasehold, or contractual interest in the land upon 11 which the condominium is to be developed. 12 Section 77. Section 718.508, Florida Statutes, is 13 amended to read: 14 718.508 Regulation by Division of Hotels and 15 Restaurants.--In addition to the authority, regulation, or 16 control exercised by the Division of Florida Land Sales, 17 Condominiums, Timeshare, and Mobile Homes pursuant to this act 18 with respect to condominiums, buildings included in a 19 condominium property shall be subject to the authority, 20 regulation, or control of the Division of Hotels and 21 Restaurants of the Department of Business and Professional 22 Regulation, to the extent provided for in chapter 399. 23 Section 78. Section 718.509, Florida Statutes, is 24 amended to read: 25 718.509 Division of Florida Land Sales, Condominiums, 26 Timeshare, and Mobile Homes Trust Fund.-- 27 (1) There is created within the State Treasury the 28 Division of Condominiums, Timeshare, and Mobile Homes Trust 29 Fund, to be used for the administration and operation of this 30 chapter and chapters 719, 721, and 723 by the division. 31 (2) All funds collected by the division and any amount 98 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 paid for a fee or penalty under this chapter shall be 2 deposited in the State Treasury to the credit of the Division 3 of Florida Land Sales, Condominiums, Timeshare, and Mobile 4 Homes Trust Fund created by s. 718.509 498.019. The division 5 shall maintain separate revenue accounts in the trust fund for 6 each business regulated by the division, and shall provide for 7 the proportionate allocation among the accounts of expenses 8 incurred in the performance of its duties for each of these 9 businesses. As part of its normal budgetary process, the 10 division shall prepare an annual report of revenue and 11 allocated expenses related to the operation of each of these 12 businesses, which may be used to determine fees charged by the 13 division. The provisions of s. 215.20 apply to the trust fund. 14 Section 79. Paragraph (a) of subsection (2) of section 15 718.608, Florida Statutes, is amended to read: 16 718.608 Notice of intended conversion; time of 17 delivery; content.-- 18 (2)(a) Each notice of intended conversion shall be 19 dated and in writing. The notice shall contain the following 20 statement, with the phrases of the following statement which 21 appear in upper case printed in conspicuous type: 22 23 These apartments are being converted to condominium by 24 ...(name of developer)..., the developer. 25 1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION 26 OF YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL 27 AGREEMENT AS FOLLOWS: 28 a. If you have continuously been a resident of these 29 apartments during the last 180 days and your rental agreement 30 expires during the next 270 days, you may extend your rental 31 agreement for up to 270 days after the date of this notice. 99 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 b. If you have not been a continuous resident of these 2 apartments for the last 180 days and your rental agreement 3 expires during the next 180 days, you may extend your rental 4 agreement for up to 180 days after the date of this notice. 5 c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, 6 YOU MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS 7 AFTER THE DATE OF THIS NOTICE. 8 2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 9 DAYS, you may extend your rental agreement for up to 45 days 10 after the date of this notice while you decide whether to 11 extend your rental agreement as explained above. To do so, 12 you must notify the developer in writing. You will then have 13 the full 45 days to decide whether to extend your rental 14 agreement as explained above. 15 3. During the extension of your rental agreement you 16 will be charged the same rent that you are now paying. 17 4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY 18 EXTENSION OF THE RENTAL AGREEMENT AS FOLLOWS: 19 a. If your rental agreement began or was extended or 20 renewed after May 1, 1980, and your rental agreement, 21 including extensions and renewals, has an unexpired term of 22 180 days or less, you may cancel your rental agreement upon 30 23 days' written notice and move. Also, upon 30 days' written 24 notice, you may cancel any extension of the rental agreement. 25 b. If your rental agreement was not begun or was not 26 extended or renewed after May 1, 1980, you may not cancel the 27 rental agreement without the consent of the developer. If 28 your rental agreement, including extensions and renewals, has 29 an unexpired term of 180 days or less, you may, however, upon 30 30 days' written notice cancel any extension of the rental 31 agreement. 100 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 5. All notices must be given in writing and sent by 2 mail, return receipt requested, or delivered in person to the 3 developer at this address: ...(name and address of 4 developer).... 5 6. If you have continuously been a resident of these 6 apartments during the last 180 days: 7 a. You have the right to purchase your apartment and 8 will have 45 days to decide whether to purchase. If you do 9 not buy the unit at that price and the unit is later offered 10 at a lower price, you will have the opportunity to buy the 11 unit at the lower price. However, in all events your right to 12 purchase the unit ends when the rental agreement or any 13 extension of the rental agreement ends or when you waive this 14 right in writing. 15 b. Within 90 days you will be provided purchase 16 information relating to your apartment, including the price of 17 your unit and the condition of the building. If you do not 18 receive this information within 90 days, your rental agreement 19 and any extension will be extended 1 day for each day over 90 20 days until you are given the purchase information. If you do 21 not want this rental agreement extension, you must notify the 22 developer in writing. 23 7. If you have any questions regarding this conversion 24 or the Condominium Act, you may contact the developer or the 25 state agency which regulates condominiums: The Division of 26 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes, 27 ...(Tallahassee address and telephone number of division).... 28 Section 80. Subsection (17) of section 719.103, 29 Florida Statutes, is amended to read: 30 719.103 Definitions.--As used in this chapter: 31 (17) "Division" means the Division of Florida Land 101 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 Sales, Condominiums, Timeshare, and Mobile Homes of the 2 Department of Business and Professional Regulation. 3 Section 81. Section 719.1255, Florida Statutes, is 4 amended to read: 5 719.1255 Alternative resolution of disputes.--The 6 division of Florida Land Sales, Condominiums, and Mobile Homes 7 of the Department of Business and Professional Regulation 8 shall provide for alternative dispute resolution in accordance 9 with s. 718.1255. 10 Section 82. Section 719.501, Florida Statutes, is 11 amended to read: 12 719.501 Powers and duties of Division of Florida Land 13 Sales, Condominiums, Timeshare, and Mobile Homes.-- 14 (1) The Division of Florida Land Sales, Condominiums, 15 Timeshare, and Mobile Homes of the Department of Business and 16 Professional Regulation, referred to as the "division" in this 17 part, in addition to other powers and duties prescribed by 18 chapter 498, has the power to enforce and ensure compliance 19 with the provisions of this chapter and rules adopted 20 promulgated pursuant hereto relating to the development, 21 construction, sale, lease, ownership, operation, and 22 management of residential cooperative units. In performing its 23 duties, the division shall have the following powers and 24 duties: 25 (a) The division may make necessary public or private 26 investigations within or outside this state to determine 27 whether any person has violated this chapter or any rule or 28 order hereunder, to aid in the enforcement of this chapter, or 29 to aid in the adoption of rules or forms hereunder. 30 (b) The division may require or permit any person to 31 file a statement in writing, under oath or otherwise, as the 102 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 division determines, as to the facts and circumstances 2 concerning a matter to be investigated. 3 (c) For the purpose of any investigation under this 4 chapter, the division director or any officer or employee 5 designated by the division director may administer oaths or 6 affirmations, subpoena witnesses and compel their attendance, 7 take evidence, and require the production of any matter which 8 is relevant to the investigation, including the existence, 9 description, nature, custody, condition, and location of any 10 books, documents, or other tangible things and the identity 11 and location of persons having knowledge of relevant facts or 12 any other matter reasonably calculated to lead to the 13 discovery of material evidence. Upon failure by a person to 14 obey a subpoena or to answer questions propounded by the 15 investigating officer and upon reasonable notice to all 16 persons affected thereby, the division may apply to the 17 circuit court for an order compelling compliance. 18 (d) Notwithstanding any remedies available to unit 19 owners and associations, if the division has reasonable cause 20 to believe that a violation of any provision of this chapter 21 or rule promulgated pursuant hereto has occurred, the division 22 may institute enforcement proceedings in its own name against 23 a developer, association, officer, or member of the board, or 24 its assignees or agents, as follows: 25 1. The division may permit a person whose conduct or 26 actions may be under investigation to waive formal proceedings 27 and enter into a consent proceeding whereby orders, rules, or 28 letters of censure or warning, whether formal or informal, may 29 be entered against the person. 30 2. The division may issue an order requiring the 31 developer, association, officer, or member of the board, or 103 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 its assignees or agents, to cease and desist from the unlawful 2 practice and take such affirmative action as in the judgment 3 of the division will carry out the purposes of this chapter. 4 Such affirmative action may include, but is not limited to, an 5 order requiring a developer to pay moneys determined to be 6 owed to a condominium association. 7 3. The division may bring an action in circuit court 8 on behalf of a class of unit owners, lessees, or purchasers 9 for declaratory relief, injunctive relief, or restitution. 10 4. The division may impose a civil penalty against a 11 developer or association, or its assignees or agents, for any 12 violation of this chapter or a rule promulgated pursuant 13 hereto. The division may impose a civil penalty individually 14 against any officer or board member who willfully and 15 knowingly violates a provision of this chapter, a rule adopted 16 pursuant to this chapter, or a final order of the division. 17 The term "willfully and knowingly" means that the division 18 informed the officer or board member that his or her action or 19 intended action violates this chapter, a rule adopted under 20 this chapter, or a final order of the division, and that the 21 officer or board member refused to comply with the 22 requirements of this chapter, a rule adopted under this 23 chapter, or a final order of the division. The division, prior 24 to initiating formal agency action under chapter 120, shall 25 afford the officer or board member an opportunity to 26 voluntarily comply with this chapter, a rule adopted under 27 this chapter, or a final order of the division. An officer or 28 board member who complies within 10 days is not subject to a 29 civil penalty. A penalty may be imposed on the basis of each 30 day of continuing violation, but in no event shall the penalty 31 for any offense exceed $5,000. By January 1, 1998, the 104 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 division shall adopt, by rule, penalty guidelines applicable 2 to possible violations or to categories of violations of this 3 chapter or rules adopted by the division. The guidelines must 4 specify a meaningful range of civil penalties for each such 5 violation of the statute and rules and must be based upon the 6 harm caused by the violation, the repetition of the violation, 7 and upon such other factors deemed relevant by the division. 8 For example, the division may consider whether the violations 9 were committed by a developer or owner-controlled association, 10 the size of the association, and other factors. The guidelines 11 must designate the possible mitigating or aggravating 12 circumstances that justify a departure from the range of 13 penalties provided by the rules. It is the legislative intent 14 that minor violations be distinguished from those which 15 endanger the health, safety, or welfare of the cooperative 16 residents or other persons and that such guidelines provide 17 reasonable and meaningful notice to the public of likely 18 penalties that may be imposed for proscribed conduct. This 19 subsection does not limit the ability of the division to 20 informally dispose of administrative actions or complaints by 21 stipulation, agreed settlement, or consent order. All amounts 22 collected shall be deposited with the Treasurer to the credit 23 of the Division of Florida Land Sales, Condominiums, 24 Timeshare, and Mobile Homes Trust Fund. If a developer fails 25 to pay the civil penalty, the division shall thereupon issue 26 an order directing that such developer cease and desist from 27 further operation until such time as the civil penalty is paid 28 or may pursue enforcement of the penalty in a court of 29 competent jurisdiction. If an association fails to pay the 30 civil penalty, the division shall thereupon pursue enforcement 31 in a court of competent jurisdiction, and the order imposing 105 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 the civil penalty or the cease and desist order shall not 2 become effective until 20 days after the date of such order. 3 Any action commenced by the division shall be brought in the 4 county in which the division has its executive offices or in 5 the county where the violation occurred. 6 (e) The division is authorized to prepare and 7 disseminate a prospectus and other information to assist 8 prospective owners, purchasers, lessees, and developers of 9 residential cooperatives in assessing the rights, privileges, 10 and duties pertaining thereto. 11 (f) The division has authority to adopt rules pursuant 12 to ss. 120.536(1) and 120.54 to implement and enforce the 13 provisions of this chapter. 14 (g) The division shall establish procedures for 15 providing notice to an association when the division is 16 considering the issuance of a declaratory statement with 17 respect to the cooperative documents governing such 18 cooperative community. 19 (h) The division shall furnish each association which 20 pays the fees required by paragraph (2)(a) a copy of this act, 21 subsequent changes to this act on an annual basis, an amended 22 version of this act as it becomes available from the Secretary 23 of State's office on a biennial basis, and the rules 24 promulgated pursuant thereto on an annual basis. 25 (i) The division shall annually provide each 26 association with a summary of declaratory statements and 27 formal legal opinions relating to the operations of 28 cooperatives which were rendered by the division during the 29 previous year. 30 (j) The division shall adopt uniform accounting 31 principles, policies, and standards to be used by all 106 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 associations in the preparation and presentation of all 2 financial statements required by this chapter. The principles, 3 policies, and standards shall take into consideration the size 4 of the association and the total revenue collected by the 5 association. 6 (k) The division shall provide training programs for 7 cooperative association board members and unit owners. 8 (l) The division shall maintain a toll-free telephone 9 number accessible to cooperative unit owners. 10 (m) When a complaint is made to the division, the 11 division shall conduct its inquiry with reasonable dispatch 12 and with due regard to the interests of the affected parties. 13 Within 30 days after receipt of a complaint, the division 14 shall acknowledge the complaint in writing and notify the 15 complainant whether the complaint is within the jurisdiction 16 of the division and whether additional information is needed 17 by the division from the complainant. The division shall 18 conduct its investigation and shall, within 90 days after 19 receipt of the original complaint or timely requested 20 additional information, take action upon the complaint. 21 However, the failure to complete the investigation within 90 22 days does not prevent the division from continuing the 23 investigation, accepting or considering evidence obtained or 24 received after 90 days, or taking administrative action if 25 reasonable cause exists to believe that a violation of this 26 chapter or a rule of the division has occurred. If an 27 investigation is not completed within the time limits 28 established in this paragraph, the division shall, on a 29 monthly basis, notify the complainant in writing of the status 30 of the investigation. When reporting its action to the 31 complainant, the division shall inform the complainant of any 107 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 right to a hearing pursuant to ss. 120.569 and 120.57. 2 (n) The division shall develop a program to certify 3 both volunteer and paid mediators to provide mediation of 4 cooperative disputes. The division shall provide, upon 5 request, a list of such mediators to any association, unit 6 owner, or other participant in arbitration proceedings under 7 s. 718.1255 requesting a copy of the list. The division shall 8 include on the list of voluntary mediators only persons who 9 have received at least 20 hours of training in mediation 10 techniques or have mediated at least 20 disputes. In order to 11 become initially certified by the division, paid mediators 12 must be certified by the Supreme Court to mediate court cases 13 in either county or circuit courts. However, the division may 14 adopt, by rule, additional factors for the certification of 15 paid mediators, which factors must be related to experience, 16 education, or background. Any person initially certified as a 17 paid mediator by the division must, in order to continue to be 18 certified, comply with the factors or requirements imposed by 19 rules adopted by the division. 20 (2)(a) Each cooperative association shall pay to the 21 division, on or before January 1 of each year, an annual fee 22 in the amount of $4 for each residential unit in cooperatives 23 operated by the association. If the fee is not paid by March 24 1, then the association shall be assessed a penalty of 10 25 percent of the amount due, and the association shall not have 26 the standing to maintain or defend any action in the courts of 27 this state until the amount due is paid. 28 (b) All fees shall be deposited in the Division of 29 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes 30 Trust Fund as provided by law. 31 Section 83. Paragraph (a) of subsection (2) of section 108 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 719.502, Florida Statutes, is amended to read: 2 719.502 Filing prior to sale or lease.-- 3 (2)(a) Prior to filing as required by subsection (1), 4 and prior to acquiring an ownership, leasehold, or contractual 5 interest in the land upon which the cooperative is to be 6 developed, a developer shall not offer a contract for purchase 7 or lease of a unit for more than 5 years. However, the 8 developer may accept deposits for reservations upon the 9 approval of a fully executed escrow agreement and reservation 10 agreement form properly filed with the division of Florida 11 Land Sales, Condominiums, and Mobile Homes. Each filing of a 12 proposed reservation program shall be accompanied by a filing 13 fee of $250. Reservations shall not be taken on a proposed 14 cooperative unless the developer has an ownership, leasehold, 15 or contractual interest in the land upon which the cooperative 16 is to be developed. The division shall notify the developer 17 within 20 days of receipt of the reservation filing of any 18 deficiencies contained therein. Such notification shall not 19 preclude the determination of reservation filing deficiencies 20 at a later date, nor shall it relieve the developer of any 21 responsibility under the law. The escrow agreement and the 22 reservation agreement form shall include a statement of the 23 right of the prospective purchaser to an immediate unqualified 24 refund of the reservation deposit moneys upon written request 25 to the escrow agent by the prospective purchaser or the 26 developer. 27 Section 84. Section 719.504, Florida Statutes, is 28 amended to read: 29 719.504 Prospectus or offering circular.--Every 30 developer of a residential cooperative which contains more 31 than 20 residential units, or which is part of a group of 109 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 residential cooperatives which will be served by property to 2 be used in common by unit owners of more than 20 residential 3 units, shall prepare a prospectus or offering circular and 4 file it with the division of Florida Land Sales, Condominiums, 5 and Mobile Homes prior to entering into an enforceable 6 contract of purchase and sale of any unit or lease of a unit 7 for more than 5 years and shall furnish a copy of the 8 prospectus or offering circular to each buyer. In addition to 9 the prospectus or offering circular, each buyer shall be 10 furnished a separate page entitled "Frequently Asked Questions 11 and Answers," which must be in accordance with a format 12 approved by the division. This page must, in readable 13 language: inform prospective purchasers regarding their 14 voting rights and unit use restrictions, including 15 restrictions on the leasing of a unit; indicate whether and in 16 what amount the unit owners or the association is obligated to 17 pay rent or land use fees for recreational or other commonly 18 used facilities; contain a statement identifying that amount 19 of assessment which, pursuant to the budget, would be levied 20 upon each unit type, exclusive of any special assessments, and 21 which identifies the basis upon which assessments are levied, 22 whether monthly, quarterly, or otherwise; state and identify 23 any court cases in which the association is currently a party 24 of record in which the association may face liability in 25 excess of $100,000; and state whether membership in a 26 recreational facilities association is mandatory and, if so, 27 identify the fees currently charged per unit type. The 28 division shall by rule require such other disclosure as in its 29 judgment will assist prospective purchasers. The prospectus or 30 offering circular may include more than one cooperative, 31 although not all such units are being offered for sale as of 110 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 the date of the prospectus or offering circular. The 2 prospectus or offering circular must contain the following 3 information: 4 (1) The front cover or the first page must contain 5 only: 6 (a) The name of the cooperative. 7 (b) The following statements in conspicuous type: 8 1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS 9 IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE 10 UNIT. 11 2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN 12 NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL 13 REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND 14 SALES MATERIALS. 15 3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS 16 CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER 17 TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR 18 CORRECT REPRESENTATIONS. 19 (2) Summary: The next page must contain all 20 statements required to be in conspicuous type in the 21 prospectus or offering circular. 22 (3) A separate index of the contents and exhibits of 23 the prospectus. 24 (4) Beginning on the first page of the text (not 25 including the summary and index), a description of the 26 cooperative, including, but not limited to, the following 27 information: 28 (a) Its name and location. 29 (b) A description of the cooperative property, 30 including, without limitation: 31 1. The number of buildings, the number of units in 111 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 each building, the number of bathrooms and bedrooms in each 2 unit, and the total number of units, if the cooperative is not 3 a phase cooperative; or, if the cooperative is a phase 4 cooperative, the maximum number of buildings that may be 5 contained within the cooperative, the minimum and maximum 6 number of units in each building, the minimum and maximum 7 number of bathrooms and bedrooms that may be contained in each 8 unit, and the maximum number of units that may be contained 9 within the cooperative. 10 2. The page in the cooperative documents where a copy 11 of the survey and plot plan of the cooperative is located. 12 3. The estimated latest date of completion of 13 constructing, finishing, and equipping. In lieu of a date, a 14 statement that the estimated date of completion of the 15 cooperative is in the purchase agreement and a reference to 16 the article or paragraph containing that information. 17 (c) The maximum number of units that will use 18 facilities in common with the cooperative. If the maximum 19 number of units will vary, a description of the basis for 20 variation and the minimum amount of dollars per unit to be 21 spent for additional recreational facilities or enlargement of 22 such facilities. If the addition or enlargement of facilities 23 will result in a material increase of a unit owner's 24 maintenance expense or rental expense, if any, the maximum 25 increase and limitations thereon shall be stated. 26 (5)(a) A statement in conspicuous type describing 27 whether the cooperative is created and being sold as fee 28 simple interests or as leasehold interests. If the 29 cooperative is created or being sold on a leasehold, the 30 location of the lease in the disclosure materials shall be 31 stated. 112 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (b) If timeshare estates are or may be created with 2 respect to any unit in the cooperative, a statement in 3 conspicuous type stating that timeshare estates are created 4 and being sold in such specified units in the cooperative. 5 (6) A description of the recreational and other common 6 areas that will be used only by unit owners of the 7 cooperative, including, but not limited to, the following: 8 (a) Each room and its intended purposes, location, 9 approximate floor area, and capacity in numbers of people. 10 (b) Each swimming pool, as to its general location, 11 approximate size and depths, approximate deck size and 12 capacity, and whether heated. 13 (c) Additional facilities, as to the number of each 14 facility, its approximate location, approximate size, and 15 approximate capacity. 16 (d) A general description of the items of personal 17 property and the approximate number of each item of personal 18 property that the developer is committing to furnish for each 19 room or other facility or, in the alternative, a 20 representation as to the minimum amount of expenditure that 21 will be made to purchase the personal property for the 22 facility. 23 (e) The estimated date when each room or other 24 facility will be available for use by the unit owners. 25 (f)1. An identification of each room or other facility 26 to be used by unit owners that will not be owned by the unit 27 owners or the association; 28 2. A reference to the location in the disclosure 29 materials of the lease or other agreements providing for the 30 use of those facilities; and 31 3. A description of the terms of the lease or other 113 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 agreements, including the length of the term; the rent 2 payable, directly or indirectly, by each unit owner, and the 3 total rent payable to the lessor, stated in monthly and annual 4 amounts for the entire term of the lease; and a description of 5 any option to purchase the property leased under any such 6 lease, including the time the option may be exercised, the 7 purchase price or how it is to be determined, the manner of 8 payment, and whether the option may be exercised for a unit 9 owner's share or only as to the entire leased property. 10 (g) A statement as to whether the developer may 11 provide additional facilities not described above, their 12 general locations and types, improvements or changes that may 13 be made, the approximate dollar amount to be expended, and the 14 maximum additional common expense or cost to the individual 15 unit owners that may be charged during the first annual period 16 of operation of the modified or added facilities. 17 18 Descriptions as to locations, areas, capacities, numbers, 19 volumes, or sizes may be stated as approximations or minimums. 20 (7) A description of the recreational and other 21 facilities that will be used in common with other 22 cooperatives, community associations, or planned developments 23 which require the payment of the maintenance and expenses of 24 such facilities, either directly or indirectly, by the unit 25 owners. The description shall include, but not be limited to, 26 the following: 27 (a) Each building and facility committed to be built. 28 (b) Facilities not committed to be built except under 29 certain conditions, and a statement of those conditions or 30 contingencies. 31 (c) As to each facility committed to be built, or 114 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 which will be committed to be built upon the happening of one 2 of the conditions in paragraph (b), a statement of whether it 3 will be owned by the unit owners having the use thereof or by 4 an association or other entity which will be controlled by 5 them, or others, and the location in the exhibits of the lease 6 or other document providing for use of those facilities. 7 (d) The year in which each facility will be available 8 for use by the unit owners or, in the alternative, the maximum 9 number of unit owners in the project at the time each of all 10 of the facilities is committed to be completed. 11 (e) A general description of the items of personal 12 property, and the approximate number of each item of personal 13 property, that the developer is committing to furnish for each 14 room or other facility or, in the alternative, a 15 representation as to the minimum amount of expenditure that 16 will be made to purchase the personal property for the 17 facility. 18 (f) If there are leases, a description thereof, 19 including the length of the term, the rent payable, and a 20 description of any option to purchase. 21 22 Descriptions shall include location, areas, capacities, 23 numbers, volumes, or sizes and may be stated as approximations 24 or minimums. 25 (8) Recreation lease or associated club membership: 26 (a) If any recreational facilities or other common 27 areas offered by the developer and available to, or to be used 28 by, unit owners are to be leased or have club membership 29 associated, the following statement in conspicuous type shall 30 be included: THERE IS A RECREATIONAL FACILITIES LEASE 31 ASSOCIATED WITH THIS COOPERATIVE; or, THERE IS A CLUB 115 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 MEMBERSHIP ASSOCIATED WITH THIS COOPERATIVE. There shall be a 2 reference to the location in the disclosure materials where 3 the recreation lease or club membership is described in 4 detail. 5 (b) If it is mandatory that unit owners pay a fee, 6 rent, dues, or other charges under a recreational facilities 7 lease or club membership for the use of facilities, there 8 shall be in conspicuous type the applicable statement: 9 1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS 10 MANDATORY FOR UNIT OWNERS; or 11 2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF 12 OWNERSHIP, TO BE LESSEES UNDER THE RECREATIONAL FACILITIES 13 LEASE; or 14 3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE 15 COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, 16 REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES 17 LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or 18 4. A similar statement of the nature of the 19 organization or manner in which the use rights are created, 20 and that unit owners are required to pay. 21 22 Immediately following the applicable statement, the location 23 in the disclosure materials where the development is described 24 in detail shall be stated. 25 (c) If the developer, or any other person other than 26 the unit owners and other persons having use rights in the 27 facilities, reserves, or is entitled to receive, any rent, 28 fee, or other payment for the use of the facilities, then 29 there shall be the following statement in conspicuous type: 30 THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND 31 USE FEES FOR RECREATIONAL OR OTHER COMMON AREAS. Immediately 116 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 following this statement, the location in the disclosure 2 materials where the rent or land use fees are described in 3 detail shall be stated. 4 (d) If, in any recreation format, whether leasehold, 5 club, or other, any person other than the association has the 6 right to a lien on the units to secure the payment of 7 assessments, rent, or other exactions, there shall appear a 8 statement in conspicuous type in substantially the following 9 form: 10 1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO 11 SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE 12 RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE 13 PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or 14 2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO 15 SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING 16 DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE 17 RECREATIONAL OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE 18 TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN. 19 20 Immediately following the applicable statement, the location 21 in the disclosure materials where the lien or lien right is 22 described in detail shall be stated. 23 (9) If the developer or any other person has the right 24 to increase or add to the recreational facilities at any time 25 after the establishment of the cooperative whose unit owners 26 have use rights therein, without the consent of the unit 27 owners or associations being required, there shall appear a 28 statement in conspicuous type in substantially the following 29 form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT 30 CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately 31 following this statement, the location in the disclosure 117 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 materials where such reserved rights are described shall be 2 stated. 3 (10) A statement of whether the developer's plan 4 includes a program of leasing units rather than selling them, 5 or leasing units and selling them subject to such leases. If 6 so, there shall be a description of the plan, including the 7 number and identification of the units and the provisions and 8 term of the proposed leases, and a statement in boldfaced type 9 that: THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE. 10 (11) The arrangements for management of the 11 association and maintenance and operation of the cooperative 12 property and of other property that will serve the unit owners 13 of the cooperative property, and a description of the 14 management contract and all other contracts for these purposes 15 having a term in excess of 1 year, including the following: 16 (a) The names of contracting parties. 17 (b) The term of the contract. 18 (c) The nature of the services included. 19 (d) The compensation, stated on a monthly and annual 20 basis, and provisions for increases in the compensation. 21 (e) A reference to the volumes and pages of the 22 cooperative documents and of the exhibits containing copies of 23 such contracts. 24 25 Copies of all described contracts shall be attached as 26 exhibits. If there is a contract for the management of the 27 cooperative property, then a statement in conspicuous type in 28 substantially the following form shall appear, identifying the 29 proposed or existing contract manager: THERE IS (IS TO BE) A 30 CONTRACT FOR THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH 31 (NAME OF THE CONTRACT MANAGER). Immediately following this 118 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 statement, the location in the disclosure materials of the 2 contract for management of the cooperative property shall be 3 stated. 4 (12) If the developer or any other person or persons 5 other than the unit owners has the right to retain control of 6 the board of administration of the association for a period of 7 time which can exceed 1 year after the closing of the sale of 8 a majority of the units in that cooperative to persons other 9 than successors or alternate developers, then a statement in 10 conspicuous type in substantially the following form shall be 11 included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO 12 RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE 13 UNITS HAVE BEEN SOLD. Immediately following this statement, 14 the location in the disclosure materials where this right to 15 control is described in detail shall be stated. 16 (13) If there are any restrictions upon the sale, 17 transfer, conveyance, or leasing of a unit, then a statement 18 in conspicuous type in substantially the following form shall 19 be included: THE SALE, LEASE, OR TRANSFER OF UNITS IS 20 RESTRICTED OR CONTROLLED. Immediately following this 21 statement, the location in the disclosure materials where the 22 restriction, limitation, or control on the sale, lease, or 23 transfer of units is described in detail shall be stated. 24 (14) If the cooperative is part of a phase project, 25 the following shall be stated: 26 (a) A statement in conspicuous type in substantially 27 the following form shall be included: THIS IS A PHASE 28 COOPERATIVE. ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS 29 COOPERATIVE. Immediately following this statement, the 30 location in the disclosure materials where the phasing is 31 described shall be stated. 119 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (b) A summary of the provisions of the declaration 2 providing for the phasing. 3 (c) A statement as to whether or not residential 4 buildings and units which are added to the cooperative may be 5 substantially different from the residential buildings and 6 units originally in the cooperative, and, if the added 7 residential buildings and units may be substantially 8 different, there shall be a general description of the extent 9 to which such added residential buildings and units may 10 differ, and a statement in conspicuous type in substantially 11 the following form shall be included: BUILDINGS AND UNITS 12 WHICH ARE ADDED TO THE COOPERATIVE MAY BE SUBSTANTIALLY 13 DIFFERENT FROM THE OTHER BUILDINGS AND UNITS IN THE 14 COOPERATIVE. Immediately following this statement, the 15 location in the disclosure materials where the extent to which 16 added residential buildings and units may substantially differ 17 is described shall be stated. 18 (d) A statement of the maximum number of buildings 19 containing units, the maximum and minimum number of units in 20 each building, the maximum number of units, and the minimum 21 and maximum square footage of the units that may be contained 22 within each parcel of land which may be added to the 23 cooperative. 24 (15) If the cooperative is created by conversion of 25 existing improvements, the following information shall be 26 stated: 27 (a) The information required by s. 719.616. 28 (b) A caveat that there are no express warranties 29 unless they are stated in writing by the developer. 30 (16) A summary of the restrictions, if any, to be 31 imposed on units concerning the use of any of the cooperative 120 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 property, including statements as to whether there are 2 restrictions upon children and pets, and reference to the 3 volumes and pages of the cooperative documents where such 4 restrictions are found, or if such restrictions are contained 5 elsewhere, then a copy of the documents containing the 6 restrictions shall be attached as an exhibit. 7 (17) If there is any land that is offered by the 8 developer for use by the unit owners and that is neither owned 9 by them nor leased to them, the association, or any entity 10 controlled by unit owners and other persons having the use 11 rights to such land, a statement shall be made as to how such 12 land will serve the cooperative. If any part of such land 13 will serve the cooperative, the statement shall describe the 14 land and the nature and term of service, and the cooperative 15 documents or other instrument creating such servitude shall be 16 included as an exhibit. 17 (18) The manner in which utility and other services, 18 including, but not limited to, sewage and waste disposal, 19 water supply, and storm drainage, will be provided and the 20 person or entity furnishing them. 21 (19) An explanation of the manner in which the 22 apportionment of common expenses and ownership of the common 23 areas have been determined. 24 (20) An estimated operating budget for the cooperative 25 and the association, and a schedule of the unit owner's 26 expenses shall be attached as an exhibit and shall contain the 27 following information: 28 (a) The estimated monthly and annual expenses of the 29 cooperative and the association that are collected from unit 30 owners by assessments. 31 (b) The estimated monthly and annual expenses of each 121 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 unit owner for a unit, other than assessments payable to the 2 association, payable by the unit owner to persons or entities 3 other than the association, and the total estimated monthly 4 and annual expense. There may be excluded from this estimate 5 expenses that are personal to unit owners, which are not 6 uniformly incurred by all unit owners, or which are not 7 provided for or contemplated by the cooperative documents, 8 including, but not limited to, the costs of private telephone; 9 maintenance of the interior of cooperative units, which is not 10 the obligation of the association; maid or janitorial services 11 privately contracted for by the unit owners; utility bills 12 billed directly to each unit owner for utility services to his 13 or her unit; insurance premiums other than those incurred for 14 policies obtained by the cooperative; and similar personal 15 expenses of the unit owner. A unit owner's estimated payments 16 for assessments shall also be stated in the estimated amounts 17 for the times when they will be due. 18 (c) The estimated items of expenses of the cooperative 19 and the association, except as excluded under paragraph (b), 20 including, but not limited to, the following items, which 21 shall be stated either as an association expense collectible 22 by assessments or as unit owners' expenses payable to persons 23 other than the association: 24 1. Expenses for the association and cooperative: 25 a. Administration of the association. 26 b. Management fees. 27 c. Maintenance. 28 d. Rent for recreational and other commonly used 29 areas. 30 e. Taxes upon association property. 31 f. Taxes upon leased areas. 122 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 g. Insurance. 2 h. Security provisions. 3 i. Other expenses. 4 j. Operating capital. 5 k. Reserves. 6 l. Fee payable to the division. 7 2. Expenses for a unit owner: 8 a. Rent for the unit, if subject to a lease. 9 b. Rent payable by the unit owner directly to the 10 lessor or agent under any recreational lease or lease for the 11 use of commonly used areas, which use and payment are a 12 mandatory condition of ownership and are not included in the 13 common expense or assessments for common maintenance paid by 14 the unit owners to the association. 15 (d) The estimated amounts shall be stated for a period 16 of at least 12 months and may distinguish between the period 17 prior to the time unit owners other than the developer elect a 18 majority of the board of administration and the period after 19 that date. 20 (21) A schedule of estimated closing expenses to be 21 paid by a buyer or lessee of a unit and a statement of whether 22 title opinion or title insurance policy is available to the 23 buyer and, if so, at whose expense. 24 (22) The identity of the developer and the chief 25 operating officer or principal directing the creation and sale 26 of the cooperative and a statement of its and his or her 27 experience in this field. 28 (23) Copies of the following, to the extent they are 29 applicable, shall be included as exhibits: 30 (a) The cooperative documents, or the proposed 31 cooperative documents if the documents have not been recorded. 123 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (b) The articles of incorporation creating the 2 association. 3 (c) The bylaws of the association. 4 (d) The ground lease or other underlying lease of the 5 cooperative. 6 (e) The management agreement and all maintenance and 7 other contracts for management of the association and 8 operation of the cooperative and facilities used by the unit 9 owners having a service term in excess of 1 year. 10 (f) The estimated operating budget for the cooperative 11 and the required schedule of unit owners' expenses. 12 (g) A copy of the floor plan of the unit and the plot 13 plan showing the location of the residential buildings and the 14 recreation and other common areas. 15 (h) The lease of recreational and other facilities 16 that will be used only by unit owners of the subject 17 cooperative. 18 (i) The lease of facilities used by owners and others. 19 (j) The form of unit lease, if the offer is of a 20 leasehold. 21 (k) A declaration of servitude of properties serving 22 the cooperative but not owned by unit owners or leased to them 23 or the association. 24 (l) The statement of condition of the existing 25 building or buildings, if the offering is of units in an 26 operation being converted to cooperative ownership. 27 (m) The statement of inspection for termite damage and 28 treatment of the existing improvements, if the cooperative is 29 a conversion. 30 (n) The form of agreement for sale or lease of units. 31 (o) A copy of the agreement for escrow of payments 124 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 made to the developer prior to closing. 2 (p) A copy of the documents containing any 3 restrictions on use of the property required by subsection 4 (16). 5 (24) Any prospectus or offering circular complying 6 with the provisions of former ss. 711.69 and 711.802 may 7 continue to be used without amendment, or may be amended to 8 comply with the provisions of this chapter. 9 (25) A brief narrative description of the location and 10 effect of all existing and intended easements located or to be 11 located on the cooperative property other than those in the 12 declaration. 13 (26) If the developer is required by state or local 14 authorities to obtain acceptance or approval of any dock or 15 marina facility intended to serve the cooperative, a copy of 16 such acceptance or approval acquired by the time of filing 17 with the division pursuant to s. 719.502 or a statement that 18 such acceptance has not been acquired or received. 19 (27) Evidence demonstrating that the developer has an 20 ownership, leasehold, or contractual interest in the land upon 21 which the cooperative is to be developed. 22 Section 85. Section 719.508, Florida Statutes, is 23 amended to read: 24 719.508 Regulation by Division of Hotels and 25 Restaurants.--In addition to the authority, regulation, or 26 control exercised by the Division of Florida Land Sales, 27 Condominiums, Timeshare, and Mobile Homes pursuant to this act 28 with respect to cooperatives, buildings included in a 29 cooperative property shall be subject to the authority, 30 regulation, or control of the Division of Hotels and 31 Restaurants of the Department of Business and Professional 125 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 Regulation, to the extent provided for in chapters 399 and 2 509. 3 Section 86. Paragraph (a) of subsection (2) of section 4 719.608, Florida Statutes, is amended to read: 5 719.608 Notice of intended conversion; time of 6 delivery; content.-- 7 (2)(a) Each notice of intended conversion shall be 8 dated and in writing. The notice shall contain the following 9 statement, with the phrases of the following statement which 10 appear in upper case printed in conspicuous type: 11 12 These apartments are being converted to cooperative by 13 ...(name of developer)..., the developer. 14 1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION 15 OF YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL 16 AGREEMENT AS FOLLOWS: 17 a. If you have continuously been a resident of these 18 apartments during the last 180 days and your rental agreement 19 expires during the next 270 days, you may extend your rental 20 agreement for up to 270 days after the date of this notice. 21 b. If you have not been a continuous resident of these 22 apartments for the last 180 days and your rental agreement 23 expires during the next 180 days, you may extend your rental 24 agreement for up to 180 days after the date of this notice. 25 c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, 26 YOU MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS 27 AFTER THE DATE OF THIS NOTICE. 28 2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 29 DAYS, you may extend your rental agreement for up to 45 days 30 after the date of this notice while you decide whether to 31 extend your rental agreement as explained above. To do so, you 126 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 must notify the developer in writing. You will then have the 2 full 45 days to decide whether to extend your rental agreement 3 as explained above. 4 3. During the extension of your rental agreement you 5 will be charged the same rent that you are now paying. 6 4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY 7 EXTENSION OF THE RENTAL AGREEMENT AS FOLLOWS: 8 a. If your rental agreement began or was extended or 9 renewed after May 1, 1980, and your rental agreement, 10 including extensions and renewals, has an unexpired term of 11 180 days or less, you may cancel your rental agreement upon 30 12 days' written notice and move. Also, upon 30 days' written 13 notice, you may cancel any extension of the rental agreement. 14 b. If your rental agreement was not begun or was not 15 extended or renewed after May 1, 1980, you may not cancel the 16 rental agreement without the consent of the developer. If 17 your rental agreement, including extensions and renewals, has 18 an unexpired term of 180 days or less, you may, however, upon 19 30 days' written notice cancel any extension of the rental 20 agreement. 21 5. All notices must be given in writing and sent by 22 mail, return receipt requested, or delivered in person to the 23 developer at this address: ...(name and address of 24 developer).... 25 6. If you have continuously been a resident of these 26 apartments during the last 180 days: 27 a. You have the right to purchase your apartment and 28 will have 45 days to decide whether to purchase. If you do 29 not buy the unit at that price and the unit is later offered 30 at a lower price, you will have the opportunity to buy the 31 unit at the lower price. However, in all events your right to 127 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 purchase the unit ends when the rental agreement or any 2 extension of the rental agreement ends or when you waive this 3 right in writing. 4 b. Within 90 days you will be provided purchase 5 information relating to your apartment, including the price of 6 your unit and the condition of the building. If you do not 7 receive this information within 90 days, your rental agreement 8 and any extension will be extended 1 day for each day over 90 9 days until you are given the purchase information. If you do 10 not want this rental agreement extension, you must notify the 11 developer in writing. 12 7. If you have any questions regarding this conversion 13 or the Cooperative Act, you may contact the developer or the 14 state agency which regulates cooperatives: The Division of 15 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes, 16 ...(Tallahassee address and telephone number of division).... 17 Section 87. Subsection (10) of section 721.05, Florida 18 Statutes, is amended to read: 19 721.05 Definitions.--As used in this chapter, the 20 term: 21 (10) "Division" means the Division of Florida Land 22 Sales, Condominiums, Timeshare, and Mobile Homes of the 23 Department of Business and Professional Regulation. 24 Section 88. Paragraph (d) of subsection (2) of section 25 721.07, Florida Statutes, is amended to read: 26 721.07 Public offering statement.--Prior to offering 27 any timeshare plan, the developer must submit a registered 28 public offering statement to the division for approval as 29 prescribed by s. 721.03, s. 721.55, or this section. Until 30 the division approves such filing, any contract regarding the 31 sale of that timeshare plan is voidable by the purchaser. 128 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (2) 2 (d) A developer shall have the authority to deliver to 3 purchasers any purchaser public offering statement that is not 4 yet approved by the division, provided that the following 5 shall apply: 6 1. At the time the developer delivers an unapproved 7 purchaser public offering statement to a purchaser pursuant to 8 this paragraph, the developer shall deliver a fully completed 9 and executed copy of the purchase contract required by s. 10 721.06 that contains the following statement in conspicuous 11 type in substantially the following form which shall replace 12 the statements required by s. 721.06(1)(g): 13 14 The developer is delivering to you a public offering statement 15 that has been filed with but not yet approved by the Division 16 of Florida Land Sales, Condominiums, Timeshare, and Mobile 17 Homes. Any revisions to the unapproved public offering 18 statement you have received must be delivered to you, but only 19 if the revisions materially alter or modify the offering in a 20 manner adverse to you. After the division approves the public 21 offering statement, you will receive notice of the approval 22 from the developer and the required revisions, if any. 23 24 Your statutory right to cancel this transaction without any 25 penalty or obligation expires 10 calendar days after the date 26 you signed your purchase contract or 10 calendar days after 27 you receive revisions required to be delivered to you, if any, 28 whichever is later. 29 30 2. After receipt of approval from the division and 31 prior to closing, if any revisions made to the documents 129 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 contained in the purchaser public offering statement 2 materially alter or modify the offering in a manner adverse to 3 a purchaser, the developer shall send the purchaser such 4 revisions together with a notice containing a statement in 5 conspicuous type in substantially the following form: 6 7 The unapproved public offering statement previously delivered 8 to you, together with the enclosed revisions, has been 9 approved by the Division of Florida Land Sales, Condominiums, 10 Timeshare, and Mobile Homes. Accordingly, your cancellation 11 right expires 10 calendar days after you sign your purchase 12 contract or 10 calendar days after you receive these 13 revisions, whichever is later. If you have any questions 14 regarding your cancellation rights, you may contact the 15 division at [insert division's current address]. 16 17 3. After receipt of approval from the division and 18 prior to closing, if no revisions have been made to the 19 documents contained in the unapproved purchaser public 20 offering statement, or if such revisions do not materially 21 alter or modify the offering in a manner adverse to a 22 purchaser, the developer shall send the purchaser a notice 23 containing a statement in conspicuous type in substantially 24 the following form: 25 26 The unapproved public offering statement previously delivered 27 to you has been approved by the Division of Florida Land 28 Sales, Condominiums, Timeshare, and Mobile Homes. Revisions 29 made to the unapproved public offering statement, if any, are 30 either not required to be delivered to you or are not deemed 31 by the developer, in its opinion, to materially alter or 130 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 modify the offering in a manner that is adverse to you. 2 Accordingly, your cancellation right expired 10 days after you 3 signed your purchase contract. A complete copy of the approved 4 public offering statement is available through the managing 5 entity for inspection as part of the books and records of the 6 plan. If you have any questions regarding your cancellation 7 rights, you may contact the division at [insert division's 8 current address]. 9 Section 89. Subsection (8) of section 721.08, Florida 10 Statutes, is amended to read: 11 721.08 Escrow accounts; nondisturbance instruments; 12 alternate security arrangements; transfer of legal title.-- 13 (8) An escrow agent holding escrowed funds pursuant to 14 this chapter that have not been claimed for a period of 5 15 years after the date of deposit shall make at least one 16 reasonable attempt to deliver such unclaimed funds to the 17 purchaser who submitted such funds to escrow. In making such 18 attempt, an escrow agent is entitled to rely on a purchaser's 19 last known address as set forth in the books and records of 20 the escrow agent and is not required to conduct any further 21 search for the purchaser. If an escrow agent's attempt to 22 deliver unclaimed funds to any purchaser is unsuccessful, the 23 escrow agent may deliver such unclaimed funds to the division 24 and the division shall deposit such unclaimed funds in the 25 Division of Florida Land Sales, Condominiums, Timeshare, and 26 Mobile Homes Trust Fund, 30 days after giving notice in a 27 publication of general circulation in the county in which the 28 timeshare property containing the purchaser's timeshare 29 interest is located. The purchaser may claim the same at any 30 time prior to the delivery of such funds to the division. 31 After delivery of such funds to the division, the purchaser 131 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 shall have no more rights to the unclaimed funds. The escrow 2 agent shall not be liable for any claims from any party 3 arising out of the escrow agent's delivery of the unclaimed 4 funds to the division pursuant to this section. 5 Section 90. Section 721.26, Florida Statutes, is 6 amended to read: 7 721.26 Regulation by division.--The division has the 8 power to enforce and ensure compliance with the provisions of 9 this chapter, except for parts III and IV, using the powers 10 provided in this chapter, as well as the powers prescribed in 11 chapters 498, 718, and 719. In performing its duties, the 12 division shall have the following powers and duties: 13 (1) To aid in the enforcement of this chapter, or any 14 division rule or order promulgated or issued pursuant to this 15 chapter, the division may make necessary public or private 16 investigations within or outside this state to determine 17 whether any person has violated or is about to violate this 18 chapter, or any division rule or order promulgated or issued 19 pursuant to this chapter. 20 (2) The division may require or permit any person to 21 file a written statement under oath or otherwise, as the 22 division determines, as to the facts and circumstances 23 concerning a matter under investigation. 24 (3) For the purpose of any investigation under this 25 chapter, the director of the division or any officer or 26 employee designated by the director may administer oaths or 27 affirmations, subpoena witnesses and compel their attendance, 28 take evidence, and require the production of any matter which 29 is relevant to the investigation, including the identity, 30 existence, description, nature, custody, condition, and 31 location of any books, documents, or other tangible things and 132 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 the identity and location of persons having knowledge of 2 relevant facts or any other matter reasonably calculated to 3 lead to the discovery of material evidence. Failure to obey a 4 subpoena or to answer questions propounded by the 5 investigating officer and upon reasonable notice to all 6 persons affected thereby shall be a violation of this chapter. 7 In addition to the other enforcement powers authorized in this 8 subsection, the division may, at its discretion, apply to the 9 circuit court for an order compelling compliance. 10 (4) The division may prepare and disseminate a 11 prospectus and other information to assist prospective 12 purchasers, sellers, and managing entities of timeshare plans 13 in assessing the rights, privileges, and duties pertaining 14 thereto. 15 (5) Notwithstanding any remedies available to 16 purchasers, if the division has reasonable cause to believe 17 that a violation of this chapter, or of any division rule or 18 order promulgated or issued pursuant to this chapter, has 19 occurred, the division may institute enforcement proceedings 20 in its own name against any regulated party, as such term is 21 defined in this subsection: 22 (a)1. "Regulated party," for purposes of this section, 23 means any developer, exchange company, seller, managing 24 entity, association, association director, association 25 officer, manager, management firm, escrow agent, trustee, any 26 respective assignees or agents, or any other person having 27 duties or obligations pursuant to this chapter. 28 2. Any person who materially participates in any offer 29 or disposition of any interest in, or the management or 30 operation of, a timeshare plan in violation of this chapter or 31 relevant rules involving fraud, deception, false pretenses, 133 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 misrepresentation, or false advertising or the disbursement, 2 concealment, or diversion of any funds or assets, which 3 conduct adversely affects the interests of a purchaser, and 4 which person directly or indirectly controls a regulated party 5 or is a general partner, officer, director, agent, or employee 6 of such regulated party, shall be jointly and severally liable 7 under this subsection with such regulated party, unless such 8 person did not know, and in the exercise of reasonable care 9 could not have known, of the existence of the facts giving 10 rise to the violation of this chapter. A right of 11 contribution shall exist among jointly and severally liable 12 persons pursuant to this paragraph. 13 (b) The division may permit any person whose conduct 14 or actions may be under investigation to waive formal 15 proceedings and enter into a consent proceeding whereby an 16 order, rule, or letter of censure or warning, whether formal 17 or informal, may be entered against that person. 18 (c) The division may issue an order requiring a 19 regulated party to cease and desist from an unlawful practice 20 under this chapter and take such affirmative action as in the 21 judgment of the division will carry out the purposes of this 22 chapter. 23 (d)1. The division may bring an action in circuit 24 court for declaratory or injunctive relief or for other 25 appropriate relief, including restitution. 26 2. The division shall have broad authority and 27 discretion to petition the circuit court to appoint a receiver 28 with respect to any managing entity which fails to perform its 29 duties and obligations under this chapter with respect to the 30 operation of a timeshare plan. The circumstances giving rise 31 to an appropriate petition for receivership under this 134 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 subparagraph include, but are not limited to: 2 a. Damage to or destruction of any of the 3 accommodations or facilities of a timeshare plan, where the 4 managing entity has failed to repair or reconstruct same. 5 b. A breach of fiduciary duty by the managing entity, 6 including, but not limited to, undisclosed self-dealing or 7 failure to timely assess, collect, or disburse the common 8 expenses of the timeshare plan. 9 c. Failure of the managing entity to operate the 10 timeshare plan in accordance with the timeshare instrument and 11 this chapter. 12 13 If, under the circumstances, it appears that the events giving 14 rise to the petition for receivership cannot be reasonably and 15 timely corrected in a cost-effective manner consistent with 16 the timeshare instrument, the receiver may petition the 17 circuit court to implement such amendments or revisions to the 18 timeshare instrument as may be necessary to enable the 19 managing entity to resume effective operation of the timeshare 20 plan, or to enter an order terminating the timeshare plan, or 21 to enter such further orders regarding the disposition of the 22 timeshare property as the court deems appropriate, including 23 the disposition and sale of the timeshare property held by the 24 association or the purchasers. In the event of a receiver's 25 sale, all rights, title, and interest held by the association 26 or any purchaser shall be extinguished and title shall vest in 27 the buyer. This provision applies to timeshare estates and 28 timeshare licenses. All reasonable costs and fees of the 29 receiver relating to the receivership shall become common 30 expenses of the timeshare plan upon order of the court. 31 3. The division may revoke its approval of any filing 135 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 for any timeshare plan for which a petition for receivership 2 has been filed pursuant to this paragraph. 3 (e)1. The division may impose a penalty against any 4 regulated party for a violation of this chapter or any rule 5 adopted thereunder. A penalty may be imposed on the basis of 6 each day of continuing violation, but in no event may the 7 penalty for any offense exceed $10,000. All accounts 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. 11 2.a. If a regulated party fails to pay a penalty, the 12 division shall thereupon issue an order directing that such 13 regulated party cease and desist from further operation until 14 such time as the penalty is paid; or the division may pursue 15 enforcement of the penalty in a court of competent 16 jurisdiction. 17 b. If an association or managing entity fails to pay a 18 civil penalty, the division may pursue enforcement in a court 19 of competent jurisdiction. 20 (f) In order to permit the regulated party an 21 opportunity either to appeal such decision administratively or 22 to seek relief in a court of competent jurisdiction, the order 23 imposing the penalty or the cease and desist order shall not 24 become effective until 20 days after the date of such order. 25 (g) Any action commenced by the division shall be 26 brought in the county in which the division has its executive 27 offices or in the county where the violation occurred. 28 (h) Notice to any regulated party shall be complete 29 when delivered by United States mail, return receipt 30 requested, to the party's address currently on file with the 31 division or to such other address at which the division is 136 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 able to locate the party. Every regulated party has an 2 affirmative duty to notify the division of any change of 3 address at least 5 business days prior to such change. 4 (6) The division has authority to adopt rules pursuant 5 to ss. 120.536(1) and 120.54 to implement and enforce the 6 provisions of this chapter. 7 (7)(a) The use of any unfair or deceptive act or 8 practice by any person in connection with the sales or other 9 operations of an exchange program or timeshare plan is a 10 violation of this chapter. 11 (b) Any violation of the Florida Deceptive and Unfair 12 Trade Practices Act, ss. 501.201 et seq., relating to the 13 creation, promotion, sale, operation, or management of any 14 timeshare plan shall also be a violation of this chapter. 15 (c) The division is authorized to institute 16 proceedings against any such person and take any appropriate 17 action authorized in this section in connection therewith, 18 notwithstanding any remedies available to purchasers. 19 (8) The failure of any person to comply with any order 20 of the division is a violation of this chapter. 21 Section 91. Section 721.28, Florida Statutes, is 22 amended to read: 23 721.28 Division of Florida Land Sales, Condominiums, 24 Timeshare, and Mobile Homes Trust Fund.--All funds collected 25 by the division and any amounts paid as fees or penalties 26 under this chapter shall be deposited in the State Treasury to 27 the credit of the Division of Florida Land Sales, 28 Condominiums, Timeshare, and Mobile Homes Trust Fund created 29 by s. 718.509 498.019. 30 Section 92. Paragraph (c) of subsection (1) of section 31 721.301, Florida Statutes, is amended to read: 137 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 721.301 Florida Timesharing, Vacation Club, and 2 Hospitality Program.-- 3 (1) 4 (c) The director may designate funds from the Division 5 of Florida Land Sales, Condominiums, Timeshare, and Mobile 6 Homes Trust Fund, not to exceed $50,000 annually, to support 7 the projects and proposals undertaken pursuant to paragraph 8 (b). All state trust funds to be expended pursuant to this 9 section must be matched equally with private moneys and shall 10 comprise no more than half of the total moneys expended 11 annually. 12 Section 93. Section 721.50, Florida Statutes, is 13 amended to read: 14 721.50 Short title.--This part may be cited as the 15 "McAllister Act" in recognition and appreciation for the years 16 of extraordinary and insightful contributions by Mr. Bryan C. 17 McAllister, Examinations Supervisor, former Division of 18 Florida Land Sales, Condominiums, and Mobile Homes. 19 Section 94. Subsection (10) of section 721.82, Florida 20 Statutes, is amended to read: 21 721.82 Definitions.--As used in this part, the term: 22 (10) "Registered agent" means an agent duly appointed 23 by the obligor under s. 721.84 for the purpose of accepting 24 all notices and service of process under this part for the 25 obligor. A registered agent may be an individual resident in 26 this state whose business office qualifies as a registered 27 office, or a domestic or foreign corporation or a 28 not-for-profit corporation as defined in chapter 617 29 authorized to transact business or to conduct its affairs in 30 this state, whose business office qualifies as a registered 31 office. A registered agent for any obligor may not be the 138 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 lienholder or the attorney for the lienholder. 2 Section 95. Subsection (5) of section 721.84, Florida 3 Statutes, is amended, present subsections (6) and (7) are 4 renumbered as subsections (9) and (10), respectively, and new 5 subsections (6), (7), and (8) are added to that section, to 6 read: 7 721.84 Appointment of a registered agent; duties.-- 8 (5) A registered agent may resign his or her agency 9 appointment for any obligor for which he or she serves as 10 registered agent, provided that: 11 (a) The resigning registered agent executes a written 12 statement of resignation that identifies himself or herself 13 and the street address of his or her registered office, and 14 identifies the obligors affected by his or her resignation; 15 (b)1. A successor registered agent is appointed by the 16 resigning registered agent and such successor registered agent 17 executes an acceptance of appointment as successor registered 18 agent and satisfies all of the requirements of subsection (1); 19 or. 20 2. The registered agent provides 120 days' prior 21 written notice to the mortgagee as to the mortgage lien and to 22 the owners' association of the timeshare plan as to the 23 assessment lien of its intent to deliver the statement of 24 resignation. Prior to the effective date of termination of the 25 resigning registered agent's agency and registered office, a 26 The resigning registered agent may designate the successor 27 registered agent; however, if the resigning registered agent 28 fails to designate a successor registered agent or the 29 designated successor registered agent fails to accept, the 30 successor registered agent for the affected obligors may be 31 designated by the mortgagee as to the mortgage lien and by the 139 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 owners' association of the timeshare plan as to the assessment 2 lien; and 3 (c)1. If a successor registered agent is appointed 4 under subparagraph (b)1., copies of the statement of 5 resignation and acceptance of appointment as successor 6 registered agent are promptly mailed to the affected obligors 7 at the obligors' last designated address shown on the records 8 of the resigning registered agent and to the affected 9 lienholders; or. 10 2. If a resigning registered agent has previously 11 provided notice under subparagraph (b)2., a copy of the 12 statement of resignation is promptly mailed to the affected 13 obligors at the obligor's last designated address shown on the 14 records of the resigning registered agent and a copy of the 15 statement of resignation and a list of the obligors' last 16 designated addresses shown on the records of the resigning 17 registered agent are promptly mailed to the affected 18 lienholders. 19 (6) If a successor registered agent is appointed under 20 subparagraph (5)(b)1., the agency and registered office of the 21 resigning registered agent are terminated and the agency and 22 registered office of the successor registered agent are 23 effective as of the 10th day after the date on which the 24 statement of resignation and acceptance of appointment as 25 successor registered agent are received by the lienholder, 26 unless a longer period is provided in the statement of 27 resignation and acceptance of appointment as successor 28 registered agent. 29 (7) If a resigning registered agent has previously 30 provided notice under subparagraph (5)(b)2. and a successor 31 registered agent is not designated or the designated successor 140 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 registered agent fails to accept the appointment as registered 2 agent, the agency and registered office of the resigning 3 registered agent are terminated effective as of the 10th day 4 after the date on which the statement of resignation and list 5 of obligors required by subparagraph (5)(c)2. are received by 6 the lienholder, unless a longer period is provided in the 7 statement of resignation. After the effective date of the 8 termination of the agency and registered office of the 9 resigning registered agent, if no successor registered agent 10 exists, the affected lienholders must mail any notice or 11 document required to be delivered by a lienholder to the 12 obligor by first class mail if the obligor's address is within 13 the United States, and by international air mail if the 14 obligor's address is outside the United States, with postage 15 fees prepaid to the obligor at the obligor's last designated 16 address as shown on the records of the resigning registered 17 agent. If such notice or document requires service of process 18 on persons outside the United States, such service of process 19 shall be accomplished by any internationally agreed means 20 reasonably calculated to give notice. Whenever no successor 21 registered agent exists, a successor registered agent for the 22 affected obligors may be designated by the mortgagee as to the 23 mortgage lien and by the owners' association of the timeshare 24 plan as to the assessment lien. 25 (8) If a successor registered agent is appointed under 26 subparagraph (5)(b)2. or under subsection (7), copies of the 27 acceptance of appointment as successor registered agent must 28 be promptly mailed, by the mortgagee as to a registered agent 29 appointed by the mortgagee as to the mortgage lien, and by the 30 owners' association of the timeshare plan as to the assessment 31 lien, to the affected obligors at the obligor's last address 141 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 shown on the records of the resigning registered agent. The 2 agency and registered office of the successor registered agent 3 are effective as of the date provided in the acceptance of 4 appointment. 5 Section 96. Subsection (1) of section 723.003, Florida 6 Statutes, is amended to read: 7 723.003 Definitions.--As used in this chapter, the 8 following words and terms have the following meanings unless 9 clearly indicated otherwise: 10 (1) The term "division" means the Division of Florida 11 Land Sales, Condominiums, Timeshare, and Mobile Homes of the 12 Department of Business and Professional Regulation. 13 Section 97. Paragraph (e) of subsection (5) of section 14 723.006, Florida Statutes, is amended to read: 15 723.006 Powers and duties of division.--In performing 16 its duties, the division has the following powers and duties: 17 (5) Notwithstanding any remedies available to mobile 18 home owners, mobile home park owners, and homeowners' 19 associations, if the division has reasonable cause to believe 20 that a violation of any provision of this chapter or any rule 21 promulgated pursuant hereto has occurred, the division may 22 institute enforcement proceedings in its own name against a 23 developer, mobile home park owner, or homeowners' association, 24 or its assignee or agent, as follows: 25 (e)1. The division may impose a civil penalty against 26 a mobile home park owner or homeowners' association, or its 27 assignee or agent, for any violation of this chapter, a 28 properly promulgated park rule or regulation, or a rule or 29 regulation promulgated pursuant hereto. A penalty may be 30 imposed on the basis of each separate violation and, if the 31 violation is a continuing one, for each day of continuing 142 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 violation, but in no event may the penalty for each separate 2 violation or for each day of continuing violation exceed 3 $5,000. All amounts collected shall be deposited with the 4 Treasurer to the credit of the Division of Florida Land Sales, 5 Condominiums, Timeshare, and Mobile Homes Trust Fund. 6 2. If a violator fails to pay the civil penalty, the 7 division shall thereupon issue an order directing that such 8 violator cease and desist from further violation until such 9 time as the civil penalty is paid or may pursue enforcement of 10 the penalty in a court of competent jurisdiction. If a 11 homeowners' association fails to pay the civil penalty, the 12 division shall thereupon pursue enforcement in a court of 13 competent jurisdiction, and the order imposing the civil 14 penalty or the cease and desist order shall not become 15 effective until 20 days after the date of such order. Any 16 action commenced by the division shall be brought in the 17 county in which the division has its executive offices or in 18 which the violation occurred. 19 Section 98. Section 723.0065, Florida Statutes, is 20 amended to read: 21 723.0065 Public records exemption; findings.--The 22 Legislature, in narrowing the existing public records 23 exemption pursuant to s. 1, chapter 94-78, Laws of Florida, 24 finds that a public necessity exists to keep confidential and 25 retain the public records exemption for financial records of 26 mobile home park owners acquired by the division of Florida 27 Land Sales, Condominiums, and Mobile Homes when performing its 28 duties under the Florida Mobile Home Act unless the mobile 29 home park owner has violated the provisions of this chapter. 30 In that case, only those financial records that are 31 specifically relevant to the finding of violation should be 143 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 released. If it were otherwise, the division would encounter 2 difficulties in procuring such proprietary information which 3 would impede the effective and efficient performance of the 4 division's public duties. Additionally, release of such 5 proprietary information would harm the business interests of 6 innocent mobile home park owners to the advantage of 7 competitors and potential purchasers. Effective monitoring of 8 the division's performance of its duties can be conducted 9 without access to these records, and these records are 10 otherwise available pursuant to a civil complaint as 11 envisioned by the act. Accordingly, the public good served by 12 access to financial records of a mobile home park owner who 13 has not violated the provisions of this chapter is outweighed 14 by the interference with division investigations and the 15 private harm that could be caused by allowing such access. 16 Section 99. Section 723.009, Florida Statutes, is 17 amended to read: 18 723.009 Division of Florida Land Sales, Condominiums, 19 Timeshare, and Mobile Homes Trust Fund.--All proceeds from the 20 fees, penalties, and fines imposed pursuant to this chapter 21 shall be deposited into the Division of Florida Land Sales, 22 Condominiums, Timeshare, and Mobile Homes Trust Fund created 23 by s. 718.509 498.019. Moneys in this fund, as appropriated 24 by the Legislature pursuant to chapter 216, may be used to 25 defray the expenses incurred by the division in administering 26 the provisions of this chapter. 27 Section 100. Subsection (2) of section 73.073, Florida 28 Statutes, is amended to read: 29 73.073 Eminent domain procedure with respect to 30 condominium common elements.-- 31 (2) With respect to the exercise of eminent domain or 144 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 a negotiated sale for the purchase or taking of a portion of 2 the common elements of a condominium, the condemning authority 3 shall have the responsibility of contacting the condominium 4 association and acquiring the most recent rolls indicating the 5 names of the unit owners or contacting the appropriate taxing 6 authority to obtain the names of the owners of record on the 7 tax rolls. Notification shall thereupon be sent by certified 8 mail, return receipt requested, to the unit owners of record 9 of the condominium units by the condemning authority 10 indicating the intent to purchase or take the required 11 property and requesting a response from the unit owner. The 12 condemning authority shall be responsible for the expense of 13 sending notification pursuant to this section. Such notice 14 shall, at a minimum, include: 15 (a) The name and address of the condemning authority. 16 (b) A written or visual description of the property. 17 (c) The public purpose for which the property is 18 needed. 19 (d) The appraisal value of the property. 20 (e) A clear, concise statement relating to the unit 21 owner's right to object to the taking or appraisal value and 22 the procedures and effects of exercising that right. 23 (f) A clear, concise statement relating to the power 24 of the association to convey the property on behalf of the 25 unit owners if no objection to the taking or appraisal value 26 is raised, and the effects of this alternative on the unit 27 owner. 28 29 The Division of Florida Land Sales, Condominiums, Timeshare, 30 and Mobile Homes of the Department of Business and 31 Professional Regulation may adopt, by rule, a standard form 145 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 for such notice and may require the notice to include any 2 additional relevant information. 3 Section 101. Paragraph (e) of subsection (6) of 4 section 192.037, Florida Statutes, is amended to read: 5 192.037 Fee timeshare real property; taxes and 6 assessments; escrow.-- 7 (6) 8 (e) On or before May 1 of each year, a statement of 9 receipts and disbursements of the escrow account must be filed 10 with the Division of Florida Land Sales, Condominiums, 11 Timeshare, and Mobile Homes of the Department of Business and 12 Professional Regulation, which may enforce this paragraph 13 pursuant to s. 721.26. This statement must appropriately show 14 the amount of principal and interest in such account. 15 Section 102. Paragraph (i) of subsection (7) of 16 section 213.053, Florida Statutes, is amended to read: 17 213.053 Confidentiality and information sharing.-- 18 (7) Notwithstanding any other provision of this 19 section, the department may provide: 20 (i) Information relative to chapters 212 and 326 to 21 the Division of Florida Land Sales, Condominiums, and Mobile 22 Homes of the Department of Business and Professional 23 Regulation in the conduct of its official duties. 24 25 Disclosure of information under this subsection shall be 26 pursuant to a written agreement between the executive director 27 and the agency. Such agencies, governmental or 28 nongovernmental, shall be bound by the same requirements of 29 confidentiality as the Department of Revenue. Breach of 30 confidentiality is a misdemeanor of the first degree, 31 punishable as provided by s. 775.082 or s. 775.083. 146 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 Section 103. Paragraph (w) of subsection (4) of 2 section 215.20, Florida Statutes, is amended to read: 3 215.20 Certain income and certain trust funds to 4 contribute to the General Revenue Fund.-- 5 (4) The income of a revenue nature deposited in the 6 following described trust funds, by whatever name designated, 7 is that from which the deductions authorized by subsection (3) 8 shall be made: 9 (w) The Division of Florida Land Sales, Condominiums, 10 Timeshare, and Mobile Homes Trust Fund established pursuant to 11 s. 718.509 498.019. 12 13 The enumeration of the foregoing moneys or trust funds shall 14 not prohibit the applicability thereto of s. 215.24 should the 15 Governor determine that for the reasons mentioned in s. 215.24 16 the money or trust funds should be exempt herefrom, as it is 17 the purpose of this law to exempt income from its force and 18 effect when, by the operation of this law, federal matching 19 funds or contributions or private grants to any trust fund 20 would be lost to the state. 21 Section 104. Paragraph (a) of subsection (4) of 22 section 380.0651, Florida Statutes, is amended to read: 23 380.0651 Statewide guidelines and standards.-- 24 (4) Two or more developments, represented by their 25 owners or developers to be separate developments, shall be 26 aggregated and treated as a single development under this 27 chapter when they are determined to be part of a unified plan 28 of development and are physically proximate to one other. 29 (a) The criteria of two of the following subparagraphs 30 must be met in order for the state land planning agency to 31 determine that there is a unified plan of development: 147 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 1.a. The same person has retained or shared control of 2 the developments; 3 b. The same person has ownership or a significant 4 legal or equitable interest in the developments; or 5 c. There is common management of the developments 6 controlling the form of physical development or disposition of 7 parcels of the development. 8 2. There is a reasonable closeness in time between the 9 completion of 80 percent or less of one development and the 10 submission to a governmental agency of a master plan or series 11 of plans or drawings for the other development which is 12 indicative of a common development effort. 13 3. A master plan or series of plans or drawings exists 14 covering the developments sought to be aggregated which have 15 been submitted to a local general-purpose government, water 16 management district, the Florida Department of Environmental 17 Protection, or the Division of Florida Land Sales, 18 Condominiums, Timeshare, and Mobile Homes for authorization to 19 commence development. The existence or implementation of a 20 utility's master utility plan required by the Public Service 21 Commission or general-purpose local government or a master 22 drainage plan shall not be the sole determinant of the 23 existence of a master plan. 24 4. The voluntary sharing of infrastructure that is 25 indicative of a common development effort or is designated 26 specifically to accommodate the developments sought to be 27 aggregated, except that which was implemented because it was 28 required by a local general-purpose government; water 29 management district; the Department of Environmental 30 Protection; the Division of Florida Land Sales, Condominiums, 31 Timeshare, and Mobile Homes; or the Public Service Commission. 148 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 5. There is a common advertising scheme or promotional 2 plan in effect for the developments sought to be aggregated. 3 Section 105. Subsection (5) of section 455.116, 4 Florida Statutes, is amended to read: 5 455.116 Regulation trust funds.--The following trust 6 funds shall be placed in the department: 7 (5) Division of Florida Land Sales, Condominiums, 8 Timeshare, and Mobile Homes Trust Fund. 9 Section 106. Section 475.455, Florida Statutes, is 10 amended to read: 11 475.455 Exchange of disciplinary information.--The 12 commission shall inform the Division of Florida Land Sales, 13 Condominiums, Timeshare, and Mobile Homes of the Department of 14 Business and Professional Regulation of any disciplinary 15 action the commission has taken against any of its licensees. 16 The division shall inform the commission of any disciplinary 17 action the division has taken against any broker or 18 salesperson registered with the division. 19 Section 107. Section 509.512, Florida Statutes, is 20 amended to read: 21 509.512 Timeshare plan developer and exchange company 22 exemption.--Sections 509.501-509.511 do not apply to a 23 developer of a timeshare plan or an exchange company approved 24 by the Division of Florida Land Sales, Condominiums, 25 Timeshare, and Mobile Homes pursuant to chapter 721, but only 26 to the extent that the developer or exchange company engages 27 in conduct regulated under chapter 721. 28 Section 108. Subsection (1) of section 559.935, 29 Florida Statutes, is amended to read: 30 559.935 Exemptions.-- 31 (1) This part does not apply to: 149 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (a) A bona fide employee of a seller of travel who is 2 engaged solely in the business of her or his employer; 3 (b) Any direct common carrier of passengers or 4 property regulated by an agency of the Federal Government or 5 employees of such carrier when engaged solely in the 6 transportation business of the carrier as identified in the 7 carrier's certificate; 8 (c) An intrastate common carrier of passengers or 9 property selling only transportation as defined in the 10 applicable state or local registration or certification, or 11 employees of such carrier when engaged solely in the 12 transportation business of the carrier; 13 (d) Hotels, motels, or other places of public 14 accommodation selling public accommodations, or employees of 15 such hotels, motels, or other places of public accommodation, 16 when engaged solely in making arrangements for lodging, 17 accommodations, or sightseeing tours within the state, or 18 taking reservations for the traveler with times, dates, 19 locations, and accommodations certain at the time the 20 reservations are made, provided that hotels and motels 21 registered with the Department of Business and Professional 22 Regulation pursuant to chapter 509 are excluded from the 23 provisions of this chapter; 24 (e) Persons involved solely in the rental, leasing, or 25 sale of residential property; 26 (f) Persons involved solely in the rental, leasing, or 27 sale of transportation vehicles; 28 (g) Persons who make travel arrangements for 29 themselves; for their employees or agents; for distributors, 30 franchisees, or dealers of the persons' products or services; 31 for entities which are financially related to the persons; or 150 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 for the employees or agents of the distributor, franchisee, or 2 dealer or financially related entity; 3 (h) A developer of a timeshare plan or an exchange 4 company approved by the Division of Florida Land Sales, 5 Condominiums, Timeshare, and Mobile Homes pursuant to chapter 6 721, but only to the extent that the developer or exchange 7 company engages in conduct regulated under chapter 721; or 8 (i) Persons or entities engaged solely in offering 9 diving services, including classes and sales or rentals of 10 equipment, when engaged in making any prearranged 11 travel-related or tourist-related services in conjunction with 12 a primarily dive-related event. 13 Section 109. Effective July 1, 2001, subsection (2) of 14 section 468.452, Florida Statutes, is amended to read: 15 468.452 Definitions.--For purposes of this part, the 16 term: 17 (2) "Athlete agent" means a person who, directly or 18 indirectly, recruits or solicits a student athlete to enter 19 into an agent contract, or who, for any type of financial 20 gain, procures, offers, promises, or attempts to obtain 21 employment or promotional fees or benefits for a student 22 athlete with a professional sports team or as a professional 23 athlete, or with any promoter who markets or attempts to 24 market the student athlete's athletic ability or athletic 25 reputation. This term includes all employees and other persons 26 acting on behalf of an athlete agent who participate in the 27 activities included under this subsection. The term does not 28 include a spouse, parent, sibling, grandparent, or guardian of 29 the student-athlete or an individual acting solely on behalf 30 of a professional sports team or professional sports 31 organization. 151 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 Section 110. Effective July 1, 2001, section 468.453, 2 Florida Statutes, is amended to read: 3 468.453 Licensure required; qualifications; 4 examination; bond; exception; license nontransferable.-- 5 (1) Any person who practices as an athlete agent in 6 this state must be licensed pursuant to this part. 7 (2) A person shall be licensed as an athlete agent if 8 the applicant: 9 (a) Is at least 18 years of age. 10 (b) Is of good moral character. 11 (c) Passes an examination provided by the department 12 which tests the applicant's proficiency to practice as an 13 athlete agent, including, but not limited to, knowledge of the 14 laws and rules of this state relating to athlete agents, this 15 part, and chapter 455. 16 (c)(d) Has completed the application form and remitted 17 an application fee not to exceed $500, an examination fee not 18 to exceed the actual cost for the examination plus $500, an 19 active licensure fee not to exceed $2,000, and all other 20 applicable fees provided for in this part or in chapter 455. 21 (d)(e) Has submitted to the department a fingerprint 22 card for a criminal history records check. The fingerprint 23 card shall be forwarded to the Division of Criminal Justice 24 Information Systems within the Department of Law Enforcement 25 for purposes of processing the fingerprint card to determine 26 if the applicant has a criminal history record. The 27 fingerprint card shall also be forwarded to the Federal Bureau 28 of Investigation for purposes of processing the fingerprint 29 card to determine if the applicant has a criminal history 30 record. The information obtained by the processing of the 31 fingerprint card by the Florida Department of Law Enforcement 152 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 and the Federal Bureau of Investigation shall be sent to the 2 department for the purpose of determining if the applicant is 3 statutorily qualified for licensure. 4 (e)(f) Has not in any jurisdiction, within the 5 preceding 5 years, been convicted or found guilty of or 6 entered a plea of nolo contendere for, regardless of 7 adjudication, a crime which relates to the applicant's 8 practice or ability to practice as an athlete agent. 9 (g) Has posted with the department a $15,000 surety 10 bond issued by an insurance company authorized to do business 11 in this state. The bond shall be in favor of the State of 12 Florida, Department of Business and Professional Regulation, 13 for the use and benefit of any student athlete or college or 14 university within Florida who or which is injured or damaged, 15 including reasonable costs and attorney's fees, as a result of 16 acts or omissions by the athlete agent pursuant to a license 17 issued under this part. The bond shall be written in the form 18 determined by the department. The bond shall provide that the 19 athlete agent is responsible for the acts or omissions of any 20 representatives acting under the athlete agent's supervision 21 or authority. The bond shall be in effect for and cover all 22 times that the athlete agent has an active license and 23 conducts business pursuant to that license in this or any 24 other state. 25 (3) An unlicensed individual may act as an athlete 26 agent if: 27 (a) A student-athlete or person acting on the 28 athlete's behalf initiates communication with the individual; 29 and 30 (b) Within 7 days after an initial act as an athlete 31 agent, the individual submits an application for licensure. 153 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 Members of The Florida Bar are exempt from the state laws and 2 rules component, and the fee for such, of the examination 3 required by this section. 4 (4) A license issued to an athlete agent is not 5 transferable. 6 (5) By acting as an athlete agent in this state, a 7 nonresident individual appoints the department as the 8 individual's agent for service of process in any civil action 9 related to the individual's acting as an athlete agent. 10 (6) The department may issue a temporary license while 11 an application for licensure is pending. If the department 12 issues a notice of intent to deny the license application, the 13 initial temporary license expires and may not be extended 14 during any proceeding or administrative or judicial review. 15 (7)(a) An individual who has submitted an application 16 and holds a certificate, registration or license as an athlete 17 agent in another state may submit a copy of the application 18 and certificate, registration or license from the other state 19 in lieu of submitting an application in the form prescribed 20 pursuant to this section. The department shall accept the 21 application and the certificate from the other state as an 22 application for registration in this state if the application 23 in the other state: 24 1. Was submitted in the other state within 6 months 25 next preceding the submission of the application in this state 26 and the applicant certifies that the information contained in 27 the application is current; 28 2. Contains information substantially similar to or 29 more comprehensive than that required in an application 30 submitted in this state; and 31 3. Was signed by the applicant under penalty of 154 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 perjury. 2 (b) An applicant applying under this subsection must 3 meet all other requirements for licensure as provided by this 4 part. 5 Section 111. Effective July 1, 2001, section 468.454, 6 Florida Statutes, is amended to read: 7 468.454 Contracts.-- 8 (1) An agent contract must be in a record, signed, or 9 otherwise authenticated by the parties. 10 (2) An agent contract must state: 11 (a) The amount and method of calculating the 12 consideration to be paid by the student-athlete for services 13 to be provided by the athlete agent and any other 14 consideration the agent has received or will receive from any 15 other source under the contract; 16 (b) The name of any person not listed in the licensure 17 application who will be compensated because the 18 student-athlete signed the agent contract; 19 (c) A description of any expenses that the 20 student-athlete agrees to reimburse; 21 (d) A description of the services to be provided to 22 the student-athlete; 23 (e) The duration of the contract; and 24 (f) The date of execution. 25 (3) An agent contract must contain, in close proximity 26 to the signature of the student-athlete, a conspicuous notice 27 in boldface type in capital letters stating: 28 29 WARNING TO STUDENT-ATHLETE 30 31 IF YOU SIGN THE CONTRACT: 155 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 1. YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS 2 A STUDENT-ATHLETE IN YOUR SPORT; 3 2. IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 4 HOURS AFTER ENTERING INTO THE CONTRACT, YOU AND 5 YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC 6 DIRECTOR; AND 7 3. YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS 8 AFTER SIGNING IT. HOWEVER, CANCELLATION OF THIS 9 CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY. 10 11 (4) An agent contract that does not conform to this 12 section is voidable by the student-athlete. If a 13 student-athlete voids an agent contract, the student-athlete 14 is not required to pay any consideration or return any 15 consideration received from the athlete agent to induce the 16 student-athlete to enter into the contract. 17 (5) The athlete agent shall give a record of the 18 signed or authenticated agent contract to the student-athlete 19 at the time of execution. 20 (6) Within 72 hours after entering into an agent 21 contract or before the next scheduled athletic event in which 22 the student-athlete may participate, whichever occurs first, 23 the athlete agent must give notice in a record of the 24 existence of the contract to the athletic director of the 25 educational institution at which the student-athlete is 26 enrolled or the athlete agent has reasonable grounds to 27 believe the student-athlete intends to enroll. 28 (7) Within 72 hours after entering into an agent 29 contract or before the next athletic event in which the 30 student-athlete may participate, whichever occurs first, the 31 student-athlete must inform the athletic director of the 156 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 educational institution at which the student-athlete is 2 enrolled that he or she has entered into an agent contract. 3 (8) A student-athlete may cancel an agent contract by 4 giving notice of the cancellation to the athlete agent in a 5 record within 14 days after the contract is signed. 6 (9) A student-athlete may not waive the right to 7 cancel an agent contract. 8 (10) If a student-athlete cancels an agent contract, 9 the student-athlete is not required to pay any consideration 10 or return any consideration received from the athlete agent to 11 induce the student-athlete to enter into the contract. 12 (1) An athlete agent and a student athlete who enter 13 into an agent contract must provide written notice of the 14 contract to the athletic director or the president of the 15 college or university in which the student athlete is 16 enrolled. The athlete agent and the student must give the 17 notice before the contracting student athlete practices or 18 participates in any intercollegiate athletic event or within 19 72 hours after entering into said contract, whichever comes 20 first. Failure of the athlete agent to provide this 21 notification is a felony of the third degree, punishable as 22 provided in ss. 775.082, 775.083, 775.084, 775.089, and 23 775.091. 24 (2) A written contract between a student athlete and 25 an athlete agent must state the fees and percentages to be 26 paid by the student athlete to the agent and must have a 27 notice printed near the student athlete's signature containing 28 the following statement in 10-point boldfaced type: 29 "WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS 30 CONTRACT, YOU WILL LIKELY IMMEDIATELY LOSE YOUR ELIGIBILITY TO 31 COMPETE IN INTERCOLLEGIATE ATHLETICS. TO AVOID CRIMINAL 157 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 PROSECUTION YOU MUST GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED 2 INTO THIS CONTRACT TO THE ATHLETIC DIRECTOR OR PRESIDENT OF 3 YOUR COLLEGE OR UNIVERSITY WITHIN 72 HOURS AFTER ENTERING INTO 4 THIS CONTRACT OR PRIOR TO PARTICIPATING IN INTERCOLLEGIATE 5 ATHLETICS, WHICHEVER COMES FIRST. FAILURE TO PROVIDE THIS 6 NOTICE IS A CRIMINAL OFFENSE. DO NOT SIGN THIS CONTRACT UNTIL 7 YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU MAY 8 CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING 9 OF YOUR DESIRE TO CANCEL NOT LATER THAN THE 15TH DAY AFTER THE 10 DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS 11 CONTRACT, THE INTERCOLLEGIATE ATHLETIC ASSOCIATION OR 12 CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT 13 RESTORE YOUR ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE 14 ATHLETICS." 15 (3) An agent contract which does not meet the 16 requirements of this section is void and unenforceable. 17 (4) Within 15 days after the date the athletic 18 director or president of the college or university of the 19 student athlete receives the notice required by this section 20 that a student athlete has entered into an athlete agent 21 contract, the student athlete shall have the right to rescind 22 the contract with the athlete agent by giving written notice 23 to the athlete agent of the student athlete's rescission of 24 the contract. The student athlete may not under any 25 circumstances waive the student athlete's right to rescind the 26 agent contract. 27 (5) A postdated agent contract is void and 28 unenforceable. 29 (11)(6) An athlete agent shall not enter into an agent 30 contract that purports to or takes effect at a future time 31 after the student athlete no longer has remaining eligibility 158 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 to participate in intercollegiate athletics. Such a contract 2 is void and unenforceable. 3 (12)(7) An agent contract between a student athlete 4 and a person not licensed under this part is void and 5 unenforceable. 6 Section 112. Effective July 1, 2001, subsection (3) of 7 section 468.456, Florida Statutes, is amended to read: 8 468.456 Prohibited acts.-- 9 (3) When the department finds any person guilty of any 10 of the prohibited acts set forth in subsection (1), the 11 department may enter an order imposing one or more of the 12 penalties provided for in s. 455.227, and an administrative 13 fine not to exceed $25,000 for each separate offense. In 14 addition to any other penalties or disciplinary actions 15 provided for in this part, the department shall suspend or 16 revoke the license of any athlete agent licensed under this 17 part who violates paragraph (1)(f) or paragraph (1)(o) or s. 18 468.45615. 19 Section 113. Effective July 1, 2001, subsection (4) is 20 added to section 468.45615, Florida Statutes, to read: 21 468.45615 Provision of illegal inducements to athletes 22 prohibited; penalties; license suspension.-- 23 (4)(a) An athlete agent, with the intent to induce a 24 student-athlete to enter into an agent contract, may not: 25 1. Give any materially false or misleading information 26 or make a materially false promise or representation; 27 2. Furnish anything of value to a student-athlete 28 before the student-athlete enters into the agent contract; or 29 3. Furnish anything of value to any individual other 30 than the student-athlete or another athlete agent. 31 (b) An athlete agent may not intentionally: 159 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 1. Initiate contact with a student-athlete unless 2 licensed under this part; 3 2. Refuse or fail to retain or permit inspection of 4 the records required to be retained by s. 468.4565; 5 3. Provide materially false or misleading information 6 in an application for licensure; 7 4. Predate or postdate an agent contract; 8 5. Fail to give notice of the existence of an agent 9 contract as required by s. 468.454(6); or 10 6. Fail to notify a student-athlete before the 11 student-athlete signs or otherwise authenticates an agent 12 contract for a sport that the signing or authentication may 13 make the student-athlete ineligible to participate as a 14 student-athlete in that sport. 15 (c) An athlete agent who violates this subsection 16 commits a felony of the second degree, punishable as provided 17 in s. 775.082, s. 775.083, or s. 775.084. 18 Section 114. Effective July 1, 2001, section 468.4562, 19 Florida Statutes, is amended to read: 20 468.4562 Civil action by institution.-- 21 (1) A college or university may sue for damages, as 22 provided by this section, any person who violates this part. 23 A college or university may seek equitable relief to prevent 24 or minimize harm arising from acts or omissions which are or 25 would be a violation of this part. 26 (2) For purposes of this section, a college or 27 university is damaged if, because of activities of the person, 28 the college or university is penalized, or is disqualified, or 29 suspended from participation in intercollegiate athletics by a 30 national association for the promotion and regulation of 31 intercollegiate athletics, or by an intercollegiate athletic 160 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 conference or by reasonable self-imposed disciplinary action 2 taken to mitigate sanctions likely to be imposed by such 3 organization and, because of that penalty, disqualification, 4 or suspension, or action the institution: 5 (a) Loses revenue from media coverage of a sports 6 contest; 7 (b) Loses the right to grant an athletic scholarship; 8 (c) Loses the right to recruit an athlete; 9 (d) Is prohibited from participating in postseason 10 athletic competition; 11 (e) Forfeits an athletic contest; or 12 (f) Otherwise suffers an adverse financial impact. 13 (3) An institution that prevails in a suit brought 14 under this section may recover: 15 (a) Actual damages; 16 (b) Punitive damages; 17 (c) Treble damages; 18 (d) Court costs; and 19 (e) Reasonable attorney's fees. 20 (4) A right of action under this section does not 21 accrue until the educational institution discovers or by the 22 exercise of reasonable diligence would have discovered the 23 violation by the athlete agent or former student-athlete. 24 (5) Any liability of the athlete agent or the former 25 student-athlete under this section is several and not joint. 26 (6) This part does not restrict rights, remedies, or 27 defenses of any person under law or equity. 28 Section 115. Effective July 1, 2001, subsection (1) of 29 section 468.4565, Florida Statutes, is amended to read: 30 468.4565 Business records requirement.-- 31 (1) An athlete agent who holds an active license and 161 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 engages in business as an athlete agent shall establish and 2 maintain complete financial and business records. The athlete 3 agent shall save each entry into a financial or business 4 record for at least 5 4 years from the date of entry. These 5 records must include, but shall not be limited to: 6 (a) The name and address of each individual 7 represented by the athlete agent; 8 (b) Any agent contract entered into by the athlete 9 agent; and 10 (c) Any direct costs incurred by the athlete agent in 11 the recruitment or solicitation of a student-athlete to enter 12 into an agent contract. 13 Section 116. Effective July 1, 2001, sections 468.4563 14 and 468.4564, Florida Statutes, are repealed. 15 Section 117. Section 702.09, Florida Statutes, is 16 amended to read: 17 702.09 Definitions.--For the purposes of ss. 702.07 18 and 702.08 the words "decree of foreclosure" shall include a 19 judgment or order rendered or passed in the foreclosure 20 proceedings in which the decree of foreclosure shall be 21 rescinded, vacated, and set aside; the word "mortgage" shall 22 mean any written instrument securing the payment of money or 23 advances and shall include liens to secure payment of 24 assessments arising under chapters 718, 719, and 720; the word 25 "debt" shall include promissory notes, bonds, and all other 26 written obligations given for the payment of money; the words 27 "foreclosure proceedings" shall embrace every action in the 28 circuit or county courts of this state wherein it is sought to 29 foreclose a mortgage and sell the property covered by the 30 same; and the word "property" shall mean and include both real 31 and personal property. 162 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 Section 118. Paragraph (h) of subsection (4) and 2 subsection (5) of section 718.104, Florida Statutes, are 3 amended to read: 4 718.104 Creation of condominiums; contents of 5 declaration.--Every condominium created in this state shall be 6 created pursuant to this chapter. 7 (4) The declaration must contain or provide for the 8 following matters: 9 (h) If a developer reserves the right, in a 10 declaration recorded on or after July 1, 2000, to create a 11 multicondominium, the declaration must state, or provide a 12 specific formula for determining, the fractional or percentage 13 shares of liability for the common expenses of the association 14 and of ownership of the common surplus of the association to 15 be allocated to the units in each condominium to be operated 16 by the association. If a the declaration recorded on or after 17 July 1, 2000, for a condominium operated by a multicondominium 18 association, as originally recorded, fails to so provide, the 19 share of liability for the common expenses of the association 20 and of ownership of the common surplus of the association 21 allocated to each unit in each condominium operated by the 22 association shall be a fraction of the whole, the numerator of 23 which is the number "one" and the denominator of which is the 24 total number of units in all condominiums operated by the 25 association. 26 (5) The declaration as originally recorded, or as 27 amended pursuant to the procedures provided therein, may 28 include covenants and restrictions concerning the use, 29 occupancy, and transfer of the units permitted by law with 30 reference to real property. With the exception of amendments 31 that materially modify unit appurtenances as provided in s. 163 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 718.110(4), amendments may be applied to owners of units 2 existing as of the effective date of the amendment. This 3 section is intended to clarify existing law and applies to 4 associations existing on the effective date of this act. 5 However, the rule against perpetuities shall not defeat a 6 right given any person or entity by the declaration for the 7 purpose of allowing unit owners to retain reasonable control 8 over the use, occupancy, and transfer of units. 9 Section 119. Paragraph (b) of subsection (2) of 10 section 718.106, Florida Statutes, is amended to read: 11 718.106 Condominium parcels; appurtenances; possession 12 and enjoyment.-- 13 (2) There shall pass with a unit, as appurtenances 14 thereto: 15 (b) The exclusive right to use such portion of the 16 common elements as may be provided by the declaration, 17 including the right to transfer such right to other units or 18 unit owners to the extent authorized by the declaration as 19 originally recorded, or amendments to the declaration adopted 20 pursuant to the provisions contained therein under s. 21 718.110(2). Amendments to declarations of condominium 22 providing for the transfer of use rights with respect to 23 limited common elements are not amendments which materially 24 modify unit appurtenances as described in s. 718.110(4). 25 However, in order to be effective, the transfer of use rights 26 with respect to limited common elements must be effectuated in 27 conformity with the procedures set forth in the declaration as 28 originally recorded or as amended. Further, such transfers 29 must be evidenced by a written instrument which must be 30 executed with the formalities of a deed and recorded in the 31 land records of the county in which the condominium is located 164 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 in order to be effective. Such instrument of transfer must 2 also specify the legal description of the unit which is 3 transferring use rights, as well as the legal description of 4 the unit obtaining the transfer of such rights. This section 5 is intended to clarify existing law and applies to 6 associations existing on the effective date of this act. 7 Section 120. Subsection (4) of section 718.110, 8 Florida Statutes, is amended to read: 9 718.110 Amendment of declaration; correction of error 10 or omission in declaration by circuit court.-- 11 (4) Unless otherwise provided in the declaration as 12 originally recorded, no amendment may change the configuration 13 or size of any unit in any material fashion, materially alter 14 or modify the appurtenances to the unit, or change the 15 proportion or percentage by which the unit owner shares the 16 common expenses of the condominium and owns the common surplus 17 of the condominium unless the record owner of the unit and all 18 record owners of liens on the unit join in the execution of 19 the amendment and unless all the record owners of all other 20 units in the same condominium approve the amendment. The 21 acquisition of property by the association, and material 22 alterations or substantial additions to such property or the 23 common elements by the association in accordance with s. 24 718.111(7) or s. 718.113, amendments providing for the 25 transfer of use rights in limited common elements pursuant to 26 s. 718.106(2)(b), and amendments restricting or modifying the 27 right to lease condominium units shall not be deemed to 28 constitute a material alteration or modification of the 29 appurtenances to the units. With the exception of amendments 30 that materially modify unit appurtenances as provided in this 31 section, amendments may be applied to owners of units existing 165 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 as of the effective date of the amendment. This section is 2 intended to clarify existing law and applies to associations 3 existing on the effective date of this act. A declaration 4 recorded after April 1, 1992, may not require the approval of 5 less than a majority of total voting interests of the 6 condominium for amendments under this subsection, unless 7 otherwise required by a governmental entity. 8 Section 121. Subsection (4), paragraph (a) of 9 subsection (7), and subsection (13) of section 718.111, 10 Florida Statutes, are amended to read: 11 718.111 The association.-- 12 (4) ASSESSMENTS; MANAGEMENT OF COMMON ELEMENTS.--The 13 association has the power to make and collect assessments and 14 to lease, maintain, repair, and replace the common elements or 15 association property; however, the association may not charge 16 a use fee against a unit owner for the use of common elements 17 or association property unless otherwise provided for in the 18 declaration of condominium or by a majority vote of the 19 association or unless the charges relate to expenses incurred 20 by an owner having exclusive use of the common elements or 21 association property. 22 (7) TITLE TO PROPERTY.-- 23 (a) The association has the power to acquire title to 24 property or otherwise hold, convey, lease, and mortgage 25 association property for the use and benefit of its members. 26 The power to acquire personal property shall be exercised by 27 the board of administration. Except as otherwise permitted in 28 subsections (8) and (9) and in s. 718.114, no association may 29 acquire, convey, lease, or mortgage association real property 30 except in the manner provided in the declaration, and if the 31 declaration does not specify the procedure, then approval of 166 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 75 percent of the total voting interests shall be required. 2 (13) FINANCIAL REPORTING.--Within 90 days after the 3 end of the fiscal year, or annually on a date provided in the 4 bylaws, the association shall prepare and complete, or 5 contract for the preparation and completion of cause to be 6 prepared and completed by a third party, a financial report 7 for the preceding fiscal year. Within 21 days after the final 8 financial report is completed by the association or received 9 by the association from the third party, but in no event later 10 than 120 days after the end of the fiscal year, or such other 11 date as is provided in the bylaws, the association shall mail 12 to each unit owner at the address last furnished to the 13 association by the unit owner, or hand deliver to each unit 14 owner, a copy of the financial report or a notice that a copy 15 of the financial report will be mailed or hand delivered to 16 the unit owner, without charge, upon receipt of a written 17 request from the unit owner. The division shall adopt rules 18 setting forth uniform accounting principles and standards to 19 be used by all associations and shall adopt rules addressing 20 financial reporting requirements for multicondominium 21 associations. In adopting such rules, the division shall 22 consider the number of members and annual revenues of an 23 association. Financial reports shall be prepared as follows: 24 (a) An association that meets the criteria of this 25 paragraph shall prepare or cause to be prepared a complete set 26 of financial statements in accordance with generally accepted 27 accounting principles. The financial statements shall be 28 based upon the association's total annual revenues, as 29 follows: 30 1. An association with total annual revenues of 31 $100,000 or more, but less than $200,000, shall prepare 167 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 compiled financial statements. 2 2. An association with total annual revenues of at 3 least $200,000, but less than $400,000, shall prepare reviewed 4 financial statements. 5 3. An association with total annual revenues of 6 $400,000 or more shall prepare audited financial statements. 7 (b)1. An association with total annual revenues of 8 less than $100,000 shall prepare a report of cash receipts and 9 expenditures. 10 2. An association which operates less than 50 units, 11 regardless of the association's annual revenues, shall prepare 12 a report of cash receipts and expenditures in lieu of 13 financial statements required by paragraph (a). 14 3. A report of cash receipts and disbursements must 15 disclose the amount of receipts by accounts and receipt 16 classifications and the amount of expenses by accounts and 17 expense classifications, including, but not limited to, the 18 following, as applicable: costs for security, professional and 19 management fees and expenses, taxes, costs for recreation 20 facilities, expenses for refuse collection and utility 21 services, expenses for lawn care, costs for building 22 maintenance and repair, insurance costs, administration and 23 salary expenses, and reserves accumulated and expended for 24 capital expenditures, deferred maintenance, and any other 25 category for which the association maintains reserves. 26 (c) An association may prepare or cause to be 27 prepared, without a meeting of or approval by the unit owners: 28 1. Compiled, reviewed, or audited financial 29 statements, if the association is required to prepare a report 30 of cash receipts and expenditures; 31 2. Reviewed or audited financial statements, if the 168 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 association is required to prepare compiled financial 2 statements; or 3 3. Audited financial statements if the association is 4 required to prepare reviewed financial statements. 5 (d) If approved by a majority of the voting interests 6 present at a properly called meeting of the association, an 7 association may prepare or cause to be prepared: 8 1. A report of cash receipts and expenditures in lieu 9 of a compiled, reviewed, or audited financial statement; 10 2. A report of cash receipts and expenditures or a 11 compiled financial statement in lieu of a reviewed or audited 12 financial statement; or 13 3. A report of cash receipts and expenditures, a 14 compiled financial statement, or a reviewed financial 15 statement in lieu of an audited financial statement. 16 17 Such meeting and approval must occur prior to the end of the 18 fiscal year and is effective only for the fiscal year in which 19 the vote is taken. With respect to an association to which the 20 developer has not turned over control of the association, all 21 unit owners, including the developer, may vote on issues 22 related to the preparation of financial reports for the first 23 2 fiscal years of the association's operation, beginning with 24 the fiscal year in which the declaration is recorded. 25 Thereafter, all unit owners except the developer may vote on 26 such issues until control is turned over to the association by 27 the developer. 28 Section 122. Subsection (3) of section 718.112, 29 Florida Statutes, is amended to read: 30 718.112 Bylaws.-- 31 (3) OPTIONAL PROVISIONS.--The bylaws as originally 169 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 recorded, or as amended pursuant to the procedure provided 2 therein, may provide for the following: 3 (a) A method of adopting and amending administrative 4 rules and regulations governing the details of the operation 5 and use of the common elements. 6 (b) Restrictions on and requirements for the use, 7 maintenance, and appearance of the units and the use of the 8 common elements. 9 (c) Other provisions which are not inconsistent with 10 this chapter or with the declaration, as may be desired. This 11 subsection is intended to clarify existing law and applies to 12 associations existing on the effective date of this act. 13 Section 123. Subsection (2) of section 718.113, 14 Florida Statutes, is amended to read: 15 718.113 Maintenance; limitation upon improvement; 16 display of flag; hurricane shutters.-- 17 (2)(a) Except as otherwise provided in this section, 18 there shall be no material alteration or substantial additions 19 to the common elements or to real property which is 20 association property, except in a manner provided in the 21 declaration as originally recorded or as amended pursuant to 22 the procedures provided therein. If the declaration as 23 originally recorded or amended does not specify the procedure 24 for approval of material alterations or substantial additions, 25 75 percent of the total voting interests of the association 26 must approve the alterations or additions. This paragraph is 27 intended to clarify existing law and applies to associations 28 existing on the effective date of this act. 29 (b) There shall not be any material alteration of, or 30 substantial addition to, the common elements of any 31 condominium operated by a multicondominium association unless 170 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 approved in the manner provided in the declaration of the 2 affected condominium or condominiums as originally recorded, 3 or as amended pursuant to the procedures provided therein. If 4 a declaration as originally recorded or amended does not 5 specify a procedure for approving such an alteration or 6 addition, the approval of 75 percent of the total voting 7 interests of each affected condominium is required. This 8 subsection does not prohibit a provision in any declaration, 9 articles of incorporation, or bylaws as originally recorded or 10 amended requiring the approval of unit owners in any 11 condominium operated by the same association or requiring 12 board approval before a material alteration or substantial 13 addition to the common elements is permitted. This paragraph 14 is intended to clarify existing law and applies to 15 associations existing on the effective date of this act. 16 (c) There shall not be any material alteration or 17 substantial addition made to association real property 18 operated by a multicondominium association, except as provided 19 in the declaration, articles of incorporation, or bylaws as 20 said documents are originally recorded or amended pursuant to 21 the procedures provided therein. If the declaration, articles 22 of incorporation, or bylaws do not specify the procedure for 23 approving an alteration or addition to association real 24 property, the approval of 75 percent of the total voting 25 interests of the association is required. This paragraph is 26 intended to clarify existing law and applies to associations 27 existing on the effective date of this act. 28 Section 124. Paragraphs (b) and (c) of subsection (1) 29 of section 718.115, Florida Statutes, are amended to read: 30 718.115 Common expenses and common surplus.-- 31 (1) 171 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (b) The common expenses of a condominium within a 2 multicondominium are the common expenses directly attributable 3 to the operation of that condominium. The common expenses of a 4 multicondominium association do not include the common 5 expenses directly attributable to the operation of any 6 specific condominium or condominiums within the 7 multicondominium. This paragraph is intended to clarify 8 existing law and applies to associations existing on the 9 effective date of this act. 10 (c) The common expenses of a multicondominium 11 association may include categories of expenses related to the 12 property or common elements within a specific condominium in 13 the multicondominium if such property or common elements are 14 areas in which all members of the multicondominium association 15 have use rights or from which all members receive tangible 16 economic benefits. Such common expenses of the association 17 shall be identified in the declaration or bylaws of each 18 condominium within the multicondominium association. This 19 paragraph is intended to clarify existing law and applies to 20 associations existing on the effective date of this act. 21 Section 125. Subsections (1) and (4) of section 22 718.405, Florida Statutes, are amended to read: 23 718.405 Multicondominiums; multicondominium 24 associations.-- 25 (1) An association may operate more than one 26 condominium. For multicondominiums created on or after July 1, 27 2000, if the declaration for each condominium to be operated 28 by that association shall provide provides for participation 29 in a multicondominium, in conformity with this section, and 30 disclose discloses or describe describes: 31 (a) The manner or formula by which the assets, 172 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 liabilities, common surplus, and common expenses of the 2 association will be apportioned among the units within the 3 condominiums operated by the association, in accordance with 4 s. 718.104(4)(g) or (h), as applicable. 5 (b) Whether unit owners in any other condominium, or 6 any other persons, will or may have the right to use 7 recreational areas or any other facilities or amenities that 8 are common elements of the condominium, and, if so, the 9 specific formula by which the other users will share the 10 common expenses related to those facilities or amenities. 11 (c) Recreational and other commonly used facilities or 12 amenities which the developer has committed to provide that 13 will be owned, leased by, or dedicated by a recorded plat to 14 the association but which are not included within any 15 condominium operated by the association. The developer may 16 reserve the right to add additional facilities or amenities if 17 the declaration and prospectus for each condominium to be 18 operated by the association contains the following statement 19 in conspicuous type and in substantially the following form: 20 RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT 21 CONSENT OF UNIT OWNERS OR THE ASSOCIATION. 22 (d) The voting rights of the unit owners in the 23 election of directors and in other multicondominium 24 association affairs when a vote of the owners is taken, 25 including, but not limited to, a statement as to whether each 26 unit owner will have a right to personally cast his or her own 27 vote in all matters voted upon. 28 (4) This section does not prevent or restrict the 29 formation of a multicondominium by the merger or consolidation 30 of two or more condominium associations. Mergers or 31 consolidations of associations shall be accomplished in 173 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 accordance with this chapter, the declarations of the 2 condominiums being merged or consolidated, and chapter 617. 3 Section 718.110(4) does not apply to amendments to 4 declarations necessary to effect a merger or consolidation. 5 This section is intended to clarify existing law and applies 6 to associations existing on the effective date of this act. 7 Section 126. Subsection (2) of section 718.503, 8 Florida Statutes, is amended to read: 9 718.503 Developer disclosure prior to sale; 10 nondeveloper unit owner disclosure prior to sale; 11 voidability.-- 12 (2) NONDEVELOPER DISCLOSURE.-- 13 (a) Each unit owner who is not a developer as defined 14 by this chapter shall comply with the provisions of this 15 subsection prior to the sale of his or her unit. Each 16 prospective purchaser who has entered into a contract for the 17 purchase of a condominium unit is entitled, at the seller's 18 expense, to a current copy of the declaration of condominium, 19 articles of incorporation of the association, bylaws, and 20 rules of the association, as well as a copy of the question 21 and answer sheet provided for by s. 718.504 and a copy of the 22 financial information required by s. 718.111. 23 (b) If a person licensed under part I of chapter 475 24 provides to or otherwise obtains for a prospective purchaser 25 the documents described in this subsection, the person is not 26 liable for any error or inaccuracy contained in the documents. 27 (c) Each contract entered into after July 1, 1992, for 28 the resale of a residential unit shall contain in conspicuous 29 type either: 30 1. A clause which states: THE BUYER HEREBY 31 ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF 174 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF 2 THE ASSOCIATION, BYLAWS, RULES OF THE ASSOCIATION, AND A COPY 3 OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE 4 QUESTION AND ANSWER SHEET MORE THAN 3 DAYS, EXCLUDING 5 SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF 6 THIS CONTRACT; or 7 2. A clause which states: THIS AGREEMENT IS VOIDABLE 8 BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION 9 TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND 10 LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT 11 BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE 12 DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS, 13 AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT 14 YEAR-END FINANCIAL INFORMATION AND QUESTION AND ANSWER SHEET 15 IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE 16 VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND 17 THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, 18 EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE 19 BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, 20 BYLAWS, AND RULES, AND QUESTION AND ANSWER SHEET IF REQUESTED 21 IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 22 TERMINATE AT CLOSING. 23 24 A contract that does not conform to the requirements of this 25 paragraph is voidable at the option of the purchaser prior to 26 closing. 27 Section 127. Subsection (15) of section 718.504, 28 Florida Statutes, is amended to read: 29 718.504 Prospectus or offering circular.--Every 30 developer of a residential condominium which contains more 31 than 20 residential units, or which is part of a group of 175 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 residential condominiums which will be served by property to 2 be used in common by unit owners of more than 20 residential 3 units, shall prepare a prospectus or offering circular and 4 file it with the Division of Florida Land Sales, Condominiums, 5 and Mobile Homes prior to entering into an enforceable 6 contract of purchase and sale of any unit or lease of a unit 7 for more than 5 years and shall furnish a copy of the 8 prospectus or offering circular to each buyer. In addition to 9 the prospectus or offering circular, each buyer shall be 10 furnished a separate page entitled "Frequently Asked Questions 11 and Answers," which shall be in accordance with a format 12 approved by the division and a copy of the financial 13 information required by s. 718.111. This page shall, in 14 readable language, inform prospective purchasers regarding 15 their voting rights and unit use restrictions, including 16 restrictions on the leasing of a unit; shall indicate whether 17 and in what amount the unit owners or the association is 18 obligated to pay rent or land use fees for recreational or 19 other commonly used facilities; shall contain a statement 20 identifying that amount of assessment which, pursuant to the 21 budget, would be levied upon each unit type, exclusive of any 22 special assessments, and which shall further identify the 23 basis upon which assessments are levied, whether monthly, 24 quarterly, or otherwise; shall state and identify any court 25 cases in which the association is currently a party of record 26 in which the association may face liability in excess of 27 $100,000; and which shall further state whether membership in 28 a recreational facilities association is mandatory, and if so, 29 shall identify the fees currently charged per unit type. The 30 division shall by rule require such other disclosure as in its 31 judgment will assist prospective purchasers. The prospectus or 176 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 offering circular may include more than one condominium, 2 although not all such units are being offered for sale as of 3 the date of the prospectus or offering circular. The 4 prospectus or offering circular must contain the following 5 information: 6 (15) If a the condominium created on or after July 1, 7 2000, is or may become part of a multicondominium, the 8 following information must be provided: 9 (a) A statement in conspicuous type in substantially 10 the following form: THIS CONDOMINIUM IS (MAY BE) PART OF A 11 MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL 12 (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately 13 following this statement, the location in the prospectus or 14 offering circular and its exhibits where the multicondominium 15 aspects of the offering are described must be stated. 16 (b) A summary of the provisions in the declaration, 17 articles of incorporation, and bylaws which establish and 18 provide for the operation of the multicondominium, including a 19 statement as to whether unit owners in the condominium will 20 have the right to use recreational or other facilities located 21 or planned to be located in other condominiums operated by the 22 same association, and the manner of sharing the common 23 expenses related to such facilities. 24 (c) A statement of the minimum and maximum number of 25 condominiums, and the minimum and maximum number of units in 26 each of those condominiums, which will or may be operated by 27 the association, and the latest date by which the exact number 28 will be finally determined. 29 (d) A statement as to whether any of the condominiums 30 in the multicondominium may include units intended to be used 31 for nonresidential purposes and the purpose or purposes 177 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 permitted for such use. 2 (e) A general description of the location and 3 approximate acreage of any land on which any additional 4 condominiums to be operated by the association may be located. 5 Section 128. Subsections (4) through (17) of section 6 548.002, Florida Statutes, are renumbered as subsections (5) 7 through (17), respectively, present subsection (18) is 8 renumbered as subsection (19), and new subsections (4) and 9 (18) are added to said section to read: 10 548.002 Definitions.--As used in this act, the term: 11 (4) "Concessionaire" means any person or business 12 entity not licensed as a promoter which receives revenues or 13 other compensation from the sale of tickets or from the sale 14 of souvenirs, programs, broadcast rights, or any other 15 concessions in conjunction with the promotion of a match. 16 (18) "Second" or "cornerman" means a person who 17 assists the fight participant between rounds and maintains the 18 corner of the participant during the match. 19 Section 129. Section 548.015, Florida Statutes, is 20 created to read: 21 548.015 Concessionaires; security.--The commission may 22 require that before any license is issued or renewed to a 23 concessionaire, or before the holding of a match, the 24 concessionaire must file a surety bond, a cash deposit, or 25 some other form of security with the commission in such 26 reasonable amount as the commission determines. 27 Section 130. Subsections (1) and (2) of section 28 548.003, Florida Statutes, are amended to read: 29 548.003 Florida State Boxing Commission; powers; 30 organization; meetings; accountability of commission members; 31 compensation and travel expenses; association membership and 178 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 participation.-- 2 (1) The Florida State Boxing Commission is created and 3 is assigned to the Department of Business and Professional 4 Regulation for administrative and fiscal accountability 5 purposes only. The Florida State Boxing Commission shall 6 consist of five members appointed by the Governor, subject to 7 confirmation by the Senate. One member must be a physician 8 licensed pursuant to chapter 458 or chapter 459, who must 9 maintain an unencumbered license in good standing, and who 10 must, at the time of her or his appointment, have practiced 11 medicine for at least 5 years. Upon the expiration of the term 12 of a commissioner, the Governor shall appoint a successor to 13 serve for a 4-year term. A commissioner whose term has expired 14 shall continue to serve on the commission until such time as a 15 replacement is appointed. If a vacancy on the commission 16 occurs prior to the expiration of the term, it shall be filled 17 for the unexpired portion of the term in the same manner as 18 the original appointment. 19 (2) The Florida State Boxing Commission, as created by 20 subsection (1), shall administer the provisions of this 21 chapter. The commission has authority to adopt rules pursuant 22 to ss. 120.536(1) and 120.54 to implement the provisions of 23 this chapter and to implement each of the duties and 24 responsibilities conferred upon the commission, including, but 25 not limited to: 26 (a) Development of an ethical code of conduct for 27 commissioners, commission staff, and commission officials; 28 (b) Facility and safety requirements relating to the 29 ring, floor plan and apron seating, emergency medical 30 equipment and services, and other equipment and services 31 necessary for the conduct of a program of matches; 179 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (c) Requirements regarding a participant's apparel, 2 bandages, handwraps, gloves, mouthpiece, and appearance during 3 a match; 4 (d) Requirements relating to a manager's 5 participation, presence, and conduct during a match; 6 (e) Duties and responsibilities of all licensees under 7 this chapter; 8 (f) Procedures for hearings and resolution of 9 disputes; 10 (g) Qualifications for appointment of referees and 11 judges; 12 (h) Qualifications for and appointment of chief 13 inspectors and inspectors, and duties and responsibilities of 14 chief inspectors and inspectors with respect to oversight and 15 coordination of activities for each program of matches 16 regulated under this chapter; 17 (i) Designation and duties of a knockdown timekeeper; 18 and 19 (j) Setting fee and reimbursement schedules for 20 referees and other officials appointed by the commission or 21 the representative of the commission. 22 Section 131. The Florida State Boxing Commission shall 23 conduct a review and analysis of boxing competitions not now 24 regulated or sanctioned and shall provide recommendations to 25 the Department of Business and Professional Regulation and the 26 Legislature regarding any rules or legislation necessary to 27 achieve effective regulation. 28 Section 132. Section 548.017, Florida Statutes, is 29 amended to read: 30 548.017 Boxers, managers, and other persons required 31 to have licenses.-- 180 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (1) A professional participant, manager, trainer, 2 second, timekeeper, referee, judge, announcer, physician, 3 matchmaker, concessionaire, or booking agent or representative 4 of a booking agent shall be licensed before directly or 5 indirectly acting in such capacity in connection with any 6 match involving a professional. A physician must be licensed 7 pursuant to chapter 458 or chapter 459, must maintain an 8 unencumbered license in good standing, and must demonstrate 9 satisfactory medical training or experience in boxing, or a 10 combination of both, to the executive director prior to 11 working as the ringside physician. 12 (2) A violation of this section is a misdemeanor of 13 the second degree, punishable as provided in s. 775.082 or s. 14 775.083. 15 Section 133. Section 548.021, Florida Statutes, is 16 amended to read: 17 548.021 Applications for licenses and permits.-- 18 (1) An application for a license or a permit must: 19 (a)(1) Be in writing on a form supplied by the 20 commission which shall contain the applicant's social security 21 number. 22 (b)(2) Be verified by the applicant. 23 (c)(3) Be complete and have attached to the 24 application any photographs and other exhibits required. 25 (2)(4) Pursuant to the federal Personal Responsibility 26 and Work Opportunity Reconciliation Act of 1996, each party is 27 required to provide his or her social security number in 28 accordance with this section. Disclosure of social security 29 numbers obtained through this requirement shall be limited to 30 the purpose of administration of the Title IV-D program for 31 child support enforcement. 181 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (3) Any person who seeks to obtain a license by means 2 of a knowingly false or fraudulent representation made in any 3 application or who otherwise knowingly makes false statements 4 concerning her or his medical history, boxing record, or other 5 personal information commits a misdemeanor of the second 6 degree, punishable as provided in s. 775.082 or s. 775.083. 7 Section 134. Section 548.024, Florida Statutes, is 8 created to read: 9 548.024 Background investigation of applicants for 10 licensure.-- 11 (1) The commission is authorized to adopt rules 12 pursuant to ss. 120.536(1) and 120.54 which provide for 13 background investigations of applicants for licensure under 14 this chapter for the purpose of ensuring the accuracy of the 15 information provided in the application; ensuring that there 16 are no active or pending criminal or civil indictments against 17 the applicant; and ensuring satisfaction of all other 18 requirements of this chapter. The background investigation may 19 include, but is not limited to, the criminal and financial 20 history of the applicant. 21 (2) If the commission requires a background criminal 22 history investigation of any applicant, it shall require the 23 applicant to submit to the department a fingerprint card for 24 this purpose. The fingerprint card shall be forwarded to the 25 Division of Criminal Justice Information Systems within the 26 Department of Law Enforcement and the Federal Bureau of 27 Investigation for purposes of processing the fingerprint card 28 to determine if the applicant has a criminal history record. 29 The information obtained by the processing of the fingerprint 30 card by the Department of Law Enforcement and the Federal 31 Bureau of Investigation shall be sent to the department for 182 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 the purpose of determining if the applicant is statutorily 2 qualified for licensure. 3 Section 135. Section 548.028, Florida Statutes, is 4 amended to read: 5 548.028 Refusal to issue license.--The commission 6 shall not issue a license to: 7 (1) Any person or business entity that who in any 8 jurisdiction has been convicted of any act, or who has a 9 trustee, partner, officer, director, or owner that has been 10 convicted of any act, which would constitute a violation of 11 this chapter or which would constitute any of the grounds set 12 forth in this chapter for suspension or revocation of a 13 license or against whom such charges are pending before any 14 regulatory body; or 15 (2) Any person or business entity that who has been 16 named in any an information or indictment, or who has a 17 trustee, partner, officer, director, or owner that has been 18 named in an information or indictment, for any act which would 19 constitute a violation of this chapter or a ground for 20 suspension or revocation of a license. 21 Section 136. Section 548.041, Florida Statutes, is 22 amended to read: 23 (Substantial rewording of section. See 24 s. 548.041, F.S., for present text.) 25 548.041 Age, condition, and suspension of boxers.-- 26 (1) A person shall not be licensed as a participant, 27 and the license of any participant shall be suspended or 28 revoked, if such person: 29 (a) Is under the age of 18; 30 (b) Has participated in a match in this state which 31 was not sanctioned by the commission or sanctioned by a Native 183 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 American commission properly constituted under federal law; or 2 (c) Does not meet certain health and medical 3 examination conditions as required by rule of the commission. 4 (2)(a) A participant losing by knockout as a result of 5 being counted out in any jurisdiction shall be automatically 6 suspended for a period of time as determined by the attending 7 physician or commission representative, or 60 calendar days 8 from the date of the knockout, whichever is longer. A 9 participant shall not engage in any match, contact exhibition, 10 or contact sparring for training purposes during the 11 suspension period. After the suspension period and prior to 12 engaging in any match, contact exhibition, or contact sparring 13 for training purposes, the participant shall be examined by a 14 physician. The participant shall advise the physician of the 15 previous knockout or technical draw and shall provide medical 16 records or his or her permission for the physician to consult 17 with the treating physician at the time of the previous 18 knockout or technical draw. The results of this examination 19 shall be filed with the commission prior to any further 20 matches being approved for the participant. 21 (b) A participant losing by technical knockout, 22 technical draw, or disqualification shall be automatically 23 suspended for a period of time to be determined by the 24 physician or commission representative, or 30 calendar days 25 from the date of the technical knockout, technical draw, or 26 disqualification, whichever is longer. A participant shall not 27 engage in any match, contact exhibition, or contact sparring 28 for training purposes during the suspension period without the 29 approval of the physician. After the suspension period and 30 prior to engaging in any match, contact exhibition, or contact 31 sparring for training purposes, the participant shall be 184 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 examined by a physician. The participant shall advise the 2 physician of the previous knockout or technical draw and shall 3 provide medical records or his or her permission for the 4 physician to consult with the treating physician at the time 5 of the previous knockout or technical draw. The results of 6 this examination shall be filed with the commission prior to 7 any further matches being approved for the participant. In the 8 case of a disqualification, the commission representative 9 shall determine whether a medical clearance shall be required 10 following suspension. 11 (c) Any participant who has been suspended by any 12 state as a result of a recent knockout or series of 13 consecutive losses, an injury, requirement for a medical 14 procedure, physician denial of certification, failure of a 15 drug test, the use of false aliases, or the falsifying or 16 attempting to falsify official identification cards or 17 documents shall not be permitted to participate in this state 18 until such time as the state in which the participant is 19 suspended removes his or her name from the suspension list or 20 until the requirements of such suspension have been fulfilled 21 and proof of such has been provided to this state. If a 22 participant has been suspended in another state for any reason 23 other than those stated in this paragraph, the participant may 24 be permitted to participate if the state in which the 25 participant is suspended is notified and consulted with by 26 this state prior to the granting of approval to participate or 27 the participant appeals to the Association of Boxing 28 Commissions and the association determines that the suspension 29 of such participant was without sufficient grounds, for an 30 improper purpose, or not related to the health and safety of 31 the participant. 185 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (d) Any participant who fails to appear at a match or 2 fails to appear at a match at the designated time for which 3 the participant or the participant's manager has contracted 4 and does not provide a valid reason or, in the case of 5 physical disability, furnish a physician's certificate, shall 6 be suspended for a period to be determined by the commission 7 or shall be fined or both, as determined by the commission. 8 (e) The license of any participant shall be revoked 9 and shall not be reinstated if such participant intentionally 10 strikes, strikes at, or touches in any way or threatens to 11 touch in any way, any official. 12 Section 137. Subsection (4) is added to section 13 548.043, Florida Statutes, to read: 14 548.043 Weights and classes, limitations; gloves.-- 15 (4) Participants in a match shall be weighed on the 16 same scale at a time and place to be determined by the 17 commission or a commission representative. The weigh-in shall 18 be conducted in the presence of the opponent of the 19 participant and a commission representative. If a participant 20 fails to arrive at the weigh-in at the scheduled time and 21 place, the opponent of the late-arriving participant will be 22 permitted to be weighed without the late-arriving participant 23 present. The participant who arrived at the weigh-in on time 24 shall not lose his right of observing the weighing in of his 25 opponent. The weigh-in shall occur no sooner than 4:00 p.m. 26 on the day preceding the date of the program of matches or at 27 such other time as designated by the commission or commission 28 representative. 29 Section 138. Section 548.046, Florida Statutes, is 30 amended to read: 31 548.046 Physician's attendance at match; examinations; 186 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 cancellation of match.-- 2 (1) The commission, or the commission representative, 3 shall assign to each match at least one a physician who shall 4 observe the physical condition of the participants and advise 5 the commissioner or commission representative deputy in charge 6 and the referee of the participants' conditions before, and 7 during, and after the match. The commission shall establish a 8 schedule of fees for the physician's services. The 9 physician's fee shall be paid by the promoter of the match 10 attended by the physician. The physician shall be considered 11 an agent of the commission in determining the state insurance 12 coverage and sovereign immunity protection applicability of 13 ss. 284.31 and 768.28. 14 (2)(a) In addition to any other required examination, 15 each participant shall be examined by the attending physician 16 at the time of weigh-in. If the physician determines that a 17 participant is physically or mentally unfit to proceed, the 18 physician shall notify any commissioner or the commission 19 representative who shall immediately cancel the match. The 20 examination shall conform to rules adopted by the commission 21 based on the advice of the medical advisory council. The 22 result of the examination shall be reported in a writing 23 signed by the physician and filed with the commission prior to 24 completion of the weigh-in. 25 (b) The commission may require, by rule, each 26 participant to present to the commission representative at the 27 time of the weigh-in an original copy of blood test results 28 which demonstrate whether the participant is free from any 29 communicable disease. If the rules of the commission require 30 the presentation of such results and the blood test results 31 are not presented as required by commission rule or reveal the 187 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 participant has a communicable disease, the commission 2 representative shall immediately cancel the match. The 3 commission may adopt, by rule, protocols and procedures for 4 the blood tests and the cancellation of a match, a list of 5 communicable diseases covered by this paragraph, and a time 6 period within which the blood test must be taken prior to the 7 match. 8 (3)(a) In a match which is a sanctioned championship 9 title fight, or whenever the commission representative has 10 reason to believe that a participant has ingested or used a 11 prohibited drug or foreign substance, the commission 12 representative shall request and the participant shall 13 provide, under the supervision of the attending physician, 14 commission representative, or inspector, a sample or samples 15 of his or her urine taken not less than 1 hour before the 16 commencement of the match nor more than 1 hour after the 17 conclusion of the match. No participant shall use substances 18 or methods which could alter the integrity of the urine 19 sample. Urine samples shall be taken in accordance with the 20 protocol as agreed upon in writing between the commission and 21 the laboratory used for processing the urine samples. 22 (b) The commission may require urine samples, as 23 provided in paragraph (a), to be conducted randomly. In the 24 event one participant in a match is tested randomly, then the 25 other participant in the match shall be tested also. 26 (c) Failure or refusal to provide a urine sample 27 immediately upon request shall result in the revocation of the 28 participant's license. Any participant who has been adjudged 29 the loser of a match and who subsequently refuses to or is 30 unable to provide a urine sample shall forfeit his or her 31 share of the purse to the commission. Any participant who is 188 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 adjudged the winner of a match and who subsequently refuses to 2 or is unable to provide a urine sample shall forfeit the win 3 and shall not be allowed to engage in any future match in 4 Florida. A no decision result shall be entered into the 5 official record as the result of the match. The purse shall be 6 redistributed as though the participant found to be in 7 violation of this subsection had lost the match. If 8 redistribution of the purse is not necessary or after 9 redistribution of the purse is completed, the participant 10 found to be in violation of this subsection shall forfeit his 11 or her share of the purse to the commission. 12 (4) The attending physician or physicians shall 13 provide medical assistance at the facility, to the commission 14 representative, and medical advice to the referee during the 15 match, and shall be accorded the cooperation of all commission 16 representatives and licensees present for the purpose of 17 performing his or her medical duties. If, in the opinion of 18 the attending physician, the referee has received an injury 19 which prohibits the referee from continuing to officiate, the 20 physician shall notify the commission representative who shall 21 temporarily halt the match. The injured referee shall be 22 attended to by the physician until the referee is no longer in 23 danger or has been transferred to the care of another 24 qualified person. The commission representative shall then 25 direct the match to continue under the supervision of the 26 referee or under the supervision of another referee, if the 27 referee is unable to continue. 28 Section 139. Section 548.049, Florida Statutes, is 29 amended to read: 30 548.049 Medical, surgical, and hospital insurance; 31 life insurance.-- 189 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 (1) The commission shall, by rule, require 2 participants to be covered by not less than $20,000 $2,500 of 3 insurance for medical, surgical, and hospital care required as 4 a result of injuries sustained while engaged in matches. The 5 insured shall be the beneficiary of such policies. Any 6 deductible associated with the insurance policy shall be paid 7 by the promoter and shall not be paid by or charged to the 8 participant. 9 (2) The commission may also require participants to be 10 covered by not less than $20,000 $5,000 of life insurance 11 covering deaths caused by injuries received while engaged in 12 matches. 13 Section 140. Subsection (1) of section 548.05, Florida 14 Statutes, is amended to read: 15 548.05 Control of contracts.-- 16 (1) The commission shall adopt rules governing the 17 form and content of contracts executed in this state between 18 managers between promoters, foreign copromoters, and 19 professionals. All such contracts shall be in writing and 20 shall contain all provisions specifically worded as required 21 by rules of the commission. Contracts which do not contain all 22 provisions specifically worded as required by rules of the 23 commission shall be deemed to contain such provisions. A copy 24 of all such contracts shall be filed with the commission 25 within 7 calendar days of execution. 26 Section 141. Subsections (6) through (11) are added to 27 section 548.057, Florida Statutes, to read: 28 548.057 Attendance of Referee and judges; attendance 29 at match; scoring; seconds.-- 30 (6) No judge licensed in this state shall act as a 31 judge at any match in a state, territory, commonwealth, or 190 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 Native American Reservation that is not regulated by a state 2 boxing commission unless the match is supervised by a state 3 boxing commission or a Native American commission properly 4 constituted under federal law. 5 (7) No judge shall also serve as a supervisor or on 6 the ratings committee or recommend boxers to the ratings 7 committee for a sanctioning body. 8 (8) Any person whose application for a judge's license 9 has been denied shall not be permitted to reapply for a 10 judge's license for a period of 6 months. Any person whose 11 application for a judge's license has been denied on three 12 occasions shall not be permitted to reapply. 13 (9) The number of judges shall be assigned in 14 accordance with rules of the commission. The number of 15 unofficial judges at each event shall be limited to three by 16 the commission. 17 (10) The judges shall be located in seats designated 18 for them by the commission representative. 19 (11) In the event that sufficient judges are not 20 available, a referee shall be selected to act as a judge for 21 that specific program of matches. 22 Section 142. Present subsections (2) and (3) of 23 section 548.06, Florida Statutes, are renumbered as 24 subsections (5) and (6), respectively, and new subsections 25 (2), (3), and (4) are added to said section to read: 26 548.06 Payments to state; exemptions.-- 27 (2) Where the rights to telecast a match or matches 28 held in Florida to be viewed in Florida or outside of Florida 29 are in whole owned by, sold to, acquired by, or held by any 30 person who intends to sell, subsequently sells, or, in some 31 other manner, extends such rights in part to another, such 191 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 person is deemed to be a promoter and must be licensed as such 2 in this state. Such person shall, within 72 hours after the 3 match, file with the commission a written report that includes 4 the number of tickets sold, the amount of gross receipts, and 5 any other facts the commission may require. 6 (3) A concessionaire shall, within 72 hours after the 7 match, file with the commission a written report that includes 8 the number of tickets sold, the amount of gross receipts, and 9 any other facts the commission may require. 10 (4) Any written report required to be filed with the 11 commission under this section shall be postmarked within 72 12 hours after the conclusion of the match, and an additional 5 13 days shall be allowed for mailing. 14 Section 143. Section 548.074, Florida Statutes, is 15 amended to read: 16 548.074 Power to administer oaths, take depositions, 17 and issue subpoenas.--For the purpose of any investigation or 18 proceeding conducted pursuant to this chapter, the department 19 shall have the power to administer oaths, take depositions, 20 make inspections when authorized by statute, issue subpoenas 21 which shall be supported by affidavit, serve subpoenas and 22 other process, and compel the attendance of witnesses and the 23 production of books, papers, documents, and other evidence. 24 The department shall exercise this power on its own initiative 25 or whenever requested by the commission. Challenges to, and 26 enforcement of, subpoenas and orders shall be handled as 27 provided in s. 120.569. In addition to the powers of subpoena 28 in chapter 120, each member of the commission may issue 29 subpoenas requiring the attendance and testimony of, or the 30 production of books and papers by, any person whom the 31 commission believes to have information or documents of 192 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 importance to any commission investigation. 2 Section 144. Section 548.075, Florida Statutes, is 3 amended to read: 4 548.075 Administrative fines; citations.-- 5 (1) The commission may impose a fine of not more than 6 $5,000 for any violation of this chapter in lieu of or in 7 addition to any other punishment provided for such violation. 8 (2) The commission may adopt rules pursuant to ss. 9 120.54 and 120.536(1) to permit the issuance of citations for 10 any violation of this chapter in lieu of or in addition to any 11 other punishment provided for such violation. 12 Section 145. Section 548.045, Florida Statutes, is 13 repealed. 14 Section 146. Section 455.2281, Florida Statutes, is 15 amended to read: 16 455.2281 Unlicensed activities; fees; disposition.--In 17 order to protect the public and to ensure a consumer-oriented 18 department, it is the intent of the Legislature that vigorous 19 enforcement of regulation for all professional activities is a 20 state priority. All enforcement costs should be covered by 21 professions regulated by the department. Therefore, the 22 department shall impose, upon initial licensure and each 23 renewal thereof, a special fee of $5 per licensee. Such fee 24 shall be in addition to all other fees collected from each 25 licensee and shall fund efforts to combat unlicensed activity. 26 Any profession regulated by the department which offers 27 services that are not subject to regulation when provided by 28 an unlicensed person may use funds in its unlicensed activity 29 account to inform the public of such situation. The board with 30 concurrence of the department, or the department when there is 31 no board, may earmark $5 of the current licensure fee for this 193 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 purpose, if such board, or profession regulated by the 2 department, is not in a deficit and has a reasonable cash 3 balance. A board or profession regulated by the department may 4 authorize the transfer of funds from the operating fund 5 account to the unlicensed activity account of that profession 6 if the operating fund account is not in a deficit and has a 7 reasonable cash balance. The department shall make direct 8 charges to this fund by profession and shall not allocate 9 indirect overhead. The department shall seek board advice 10 regarding enforcement methods and strategies prior to 11 expenditure of funds; however, the department may, without 12 board advice, allocate funds to cover the costs of continuing 13 education compliance monitoring under s. 455.2177. The 14 department shall directly credit, by profession, revenues 15 received from the department's efforts to enforce licensure 16 provisions, including revenues received from fines collected 17 under s. 455.2177. The department shall include all financial 18 and statistical data resulting from unlicensed activity 19 enforcement and from continuing education compliance 20 monitoring as separate categories in the quarterly management 21 report provided for in s. 455.219. The department shall not 22 charge the account of any profession for the costs incurred on 23 behalf of any other profession. For an unlicensed activity 24 account, a balance which remains at the end of a renewal cycle 25 may, with concurrence of the applicable board and the 26 department, be transferred to the operating fund account of 27 that profession. 28 Section 147. Subsection (4) is added to section 29 473.313, Florida Statutes, to read: 30 473.313 Inactive status.-- 31 (4) Notwithstanding the provisions of s. 455.271, the 194 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 board may, at its discretion, reinstate the license of an 2 individual whose license has become null and void if the 3 individual has made a good-faith effort to comply with this 4 section but has failed to comply because of illness or unusual 5 hardship. The individual shall apply to the board for 6 reinstatement in a manner prescribed by rules of the board and 7 shall pay an application fee in an amount determined by rule 8 of the board. The board shall require that such an individual 9 meet all continuing education requirements as provided in s. 10 473.312, pay appropriate licensing fees, and otherwise be 11 eligible for renewal of licensure under this chapter. 12 Section 148. Notwithstanding any other provision of 13 law, Workforce Florida, Inc., shall develop strategies and 14 policies for incorporating the use of private-sector staffing 15 services firms into the operation of the state's workforce 16 system, in order to reduce duplication in the delivery of 17 workforce services to individuals and employers. Workforce 18 Florida, Inc., shall incorporate provisions relating to the 19 use of such staffing services firms into the strategic plan 20 required under section 445.006, Florida Statutes. In 21 addition, Workforce Florida, Inc., shall develop policies and 22 guidelines for use by the regional workforce boards in 23 fulfilling the ability of the boards to use private-sector 24 staffing services firms to the maximum extent feasible in the 25 one-stop delivery system, pursuant to section 445.009(9), 26 Florida Statutes. In developing the strategies, policies, and 27 guidelines under this section, Workforce Florida, Inc., shall 28 consider the extent to which the use of private-sector 29 staffing services firms could result in more efficient 30 delivery of workforce services, including, but not limited to, 31 the extent to which portions of the one-stop delivery system 195 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 or specific activities of the one-stop delivery system could 2 be reduced or replaced by activities conducted by such 3 staffing services firms. By January 1, 2002, Workforce 4 Florida, Inc., shall submit a report to the Governor, the 5 President of the Senate, and the Speaker of the House of 6 Representatives on its progress in fulfilling the requirements 7 and on additional options for the state to increase the use of 8 private-sector staffing services firms in the workforce 9 system. The report shall also include recommendations on 10 whether the membership of the board of Workforce Florida, 11 Inc., and the regional workforce boards should be amended to 12 include representatives from staffing services firms. 13 Section 149. Except as otherwise expressly provided in 14 this act, this act shall take effect October 1, 2001. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 Delete everything before the enacting clause 20 21 and insert: 22 A bill to be entitled 23 An act relating to the Department of Business 24 and Professional Regulation; amending s. 25 20.165, F.S.; renaming the Division of Florida 26 Land Sales, Condominiums, and Mobile Homes as 27 the Division of Condominiums, Timeshare, and 28 Mobile Homes; including reference to the Board 29 of Barbering and Cosmetology; revising minimum 30 requirements for the number of consumer members 31 on professional licensing boards; repealing 196 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 provisions relating to the transfer of board 2 locations; amending ss. 326.001, 326.002, 3 326.003, 326.004, 326.006, F.S.; transferring 4 the regulation of yacht and ship brokers and 5 salespersons from the Division of Florida Land 6 Sales, Condominiums, and Mobile Homes to the 7 Division of Professions; revising provisions 8 relating to criminal history checks and 9 administrative and civil penalties; requiring 10 that all funds collected pursuant to such 11 regulation be deposited into the Professional 12 Regulation Trust Fund; revising references; 13 amending s. 399.061, F.S.; revising provisions 14 relating to the inspection of elevators; 15 amending s. 455.213, F.S.; providing for the 16 content of licensure and renewal documents; 17 providing for the electronic submission of 18 information to the department; providing that 19 all legal obligations must be met before the 20 issuance or renewal of a license; amending s. 21 455.224, F.S.; authorizing any division of the 22 department to issue citations in the 23 enforcement of its regulatory provisions in 24 accordance with the provisions established for 25 such purposes for the regulation of 26 professions; amending ss. 468.401, 468.402, 27 468.403, 468.404, 468.406, 468.407, 468.410, 28 468.412, 468.413, 468.414, 468.415, F.S.; 29 providing for registration of talent agencies 30 in lieu of licensure; conforming provisions; 31 providing penalties; repealing ss. 468.405 and 197 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 468.408, F.S., relating to qualification for 2 talent agency license and bonding requirements; 3 amending s. 468.609, F.S.; authorizing direct 4 supervision by building code administrators by 5 telecommunications devices in certain 6 localities and under specified circumstances; 7 amending s. 468.627, F.S.; requiring the 8 payment of costs for certain building code 9 enforcement applicants who fail to appear for 10 scheduled examinations, subject to waiver in 11 case of hardship; amending s. 471.025, F.S.; 12 allowing for more than one type of seal to be 13 used by professional engineers; amending s. 14 472.003, F.S.; providing exemption from ch. 15 472, F.S., relating to land surveying and 16 mapping, for certain subordinate employees; 17 revising cross-references; amending s. 472.005, 18 F.S.; revising and providing definitions; 19 revising cross-references; amending s. 472.029, 20 F.S.; revising provisions relating to access to 21 lands of others for surveying or mapping 22 purposes; providing applicability to 23 subordinates; requiring certain notice; 24 amending s. 810.12, F.S.; revising provisions 25 relating to trespass, to conform; amending ss. 26 472.001, 472.011, 472.015, 472.021, 472.027, 27 472.031, 472.037, F.S.; revising 28 cross-references; amending s. 475.01, F.S.; 29 clarifying that chapter 475 is applicable to 30 brokers acting as trustees or fiduciaries; 31 amending s. 476.034, F.S.; redefining the term 198 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 "board"; amending s. 476.054, F.S.; creating 2 the Board of Barbering and Cosmetology; 3 providing certain compensation; requiring an 4 oath and providing for a certificate of 5 appointment; providing for officers, meetings, 6 and quorum; amending s. 476.064, F.S.; 7 conforming provisions; amending ss. 476.014, 8 476.074, 476.154, 476.194, 476.214, 476.234, 9 F.S.; revising references; amending s. 477.013, 10 F.S.; defining the term "board"; repealing s. 11 477.015, F.S., relating to the Board of 12 Cosmetology; abolishing the Barbers' Board and 13 the Board of Cosmetology; providing for 14 appointment of all members of the Board of 15 Barbering and Cosmetology to staggered terms; 16 providing savings clauses for rules and legal 17 actions; amending s. 477.019, F.S.; revising 18 requirements related to continuing education 19 providers and courses; eliminating a 20 requirement for refresher courses and 21 examinations for failure of cosmetology 22 licensees to comply with continuing education 23 requirements; amending s. 477.026, F.S.; 24 providing authority for registration renewal 25 and delinquent fees for hair braiders, hair 26 wrappers, and body wrappers; amending s. 27 481.209, F.S.; revising requirements relating 28 to education for licensure as an architect; 29 amending s. 481.223, F.S.; providing for 30 injunctive relief for certain violations 31 relating to architecture and interior design; 199 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 amending s. 489.107, F.S.; reducing the number 2 of members on the Construction Industry 3 Licensing Board; creating s. 489.1133, F.S.; 4 providing for temporary certificates and 5 registrations; amending s. 489.115, F.S.; 6 eliminating references to divisions of the 7 Construction Industry Licensing Board; amending 8 s. 489.118, F.S.; revising grandfathering 9 provisions for certification of registered 10 contractors to qualify persons holding certain 11 registered local specialty licenses; repealing 12 s. 489.507(6), F.S., to delete a duplicate 13 provision relating to appointment of committees 14 of the Construction Industry Licensing Board 15 and the Electrical Contractors' Licensing Board 16 for the purpose of meeting jointly twice each 17 year; requiring the Electrical Contractors' 18 Licensing Board to develop a plan to reduce its 19 annual operating budget by a specified amount 20 and submit such plan to the department by a 21 specified date; amending s. 489.511, F.S.; 22 revising provisions relating to licensure as an 23 electrical or alarm system contractor by 24 endorsement; amending s. 489.537, F.S.; 25 revising the power of municipalities and 26 counties with respect to regulating electrical 27 journeymen; amending ss. 498.005, 498.019, 28 498.049, F.S.; reassigning the regulation of 29 land sales from the Division of Florida Land 30 Sales, Condominiums, and Mobile Homes to the 31 Division of Real Estate; requiring all funds 200 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 collected by the department pursuant to the 2 regulation of land sales to be deposited in the 3 Professional Regulation Trust Fund; amending s. 4 190.009, F.S.; conforming terminology; amending 5 ss. 718.103, 718.105, 718.112, 718.1255, 6 718.501, 718.502, 718.504, 718.508, 718.509, 7 718.608, 719.103, 719.1255, 719.501, 719.502, 8 719.504, 719.508, 719.608, 721.05, 721.07, 9 721.08, 721.26, 721.28, 721.301, 721.50, 10 721.82, 721.84, 723.003, 723.006, 723.0065, 11 723.009, F.S.; renaming the Division of Florida 12 Land Sales, Condominiums, and Mobile Homes as 13 the Division of Condominiums, Timeshare, and 14 Mobile Homes; renaming the Division of Florida 15 Land Sales, Condominiums, and Mobile Homes 16 Trust Fund as the Division of Condominiums, 17 Timeshare, and Mobile Homes Trust Fund; 18 conforming provisions; revising language with 19 respect to condominium association bylaws; 20 revising language with respect to the annual 21 budget; providing for reserves under certain 22 circumstances; providing and limiting 23 arbitration of disputes by the division to 24 those regarding elections and the recall of 25 board members; deleting reference to voluntary 26 mediation; providing for the resolution of 27 certain other complaints at the local level; 28 providing exemptions; providing for expedited 29 handling of election disputes; requiring the 30 continuation of arbitration of cases filed by a 31 certain date; providing a contingent 201 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 appropriation; providing division enforcement 2 powers and duties; providing for injunction, 3 restitution, and civil penalties; providing 4 certain immunity; providing for use of certain 5 documents as evidence; providing for certain 6 notice; providing for intervention in suits; 7 locating the executive offices of the division 8 in Tallahassee; authorizing branch offices; 9 providing for adoption and use of a seal; 10 providing applicability to specified chapters 11 of the Florida Statutes; amending s. 721.82, 12 F.S.; redefining the term "registered agent"; 13 amending s. 721.84, F.S.; providing for 14 appointment of a successor registered agent; 15 amending ss. 73.073, 192.037, 213.053, 215.20, 16 380.0651, 455.116, 475.455, 509.512, 559.935, 17 F.S.; conforming terminology; amending s. 18 468.452, F.S.; revising definitions; amending 19 s. 468.453, F.S.; revising licensure 20 requirements; providing for service of process 21 on nonresident agents; providing for temporary 22 licenses; deleting a bond requirement; 23 providing for reciprocity; amending s. 468.454, 24 F.S.; revising contract requirements; providing 25 for cancellation of contracts; amending s. 26 468.456, F.S.; providing for increased 27 administrative fines; amending s. 468.45615, 28 F.S.; providing additional criminal penalties 29 for certain acts; amending s. 468.4562, F.S.; 30 revising provisions relating to civil remedies 31 available to colleges and universities for 202 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 violations of athlete agent regulations; 2 amending s. 468.4565, F.S.; revising business 3 record requirements; repealing s. 468.4563, 4 F.S., relating to authority to require 5 continuing education by athlete agents; 6 repealing s. 468.4564, relating to license 7 display requirements; amending s. 702.09, F.S.; 8 revising the definitions of the terms 9 "mortgage" and "foreclosure proceedings"; 10 amending s. 718.104, F.S., revising language 11 with respect to declarations for the creation 12 of a condominium; amending s. 718.106, F.S.; 13 revising language with respect to appurtenances 14 that pass with a condominium unit; amending s. 15 718.110, F.S.; revising language with respect 16 to amendments to a declaration of condominium; 17 amending s. 718.111, F.S.; revising language 18 with respect to the association; amending s. 19 718.112, F.S.; revising language with respect 20 to bylaws; amending s. 718.113, F.S.; revising 21 language with respect to material alterations 22 of common elements or association real property 23 operated by a multicondominium association; 24 amending s. 718.115, F.S.; revising language 25 with respect to common expenses; amending s. 26 718.405, F.S.; revising language with respect 27 to multicondominiums and multicondominium 28 associations; amending s. 718.503, F.S., 29 relating to disclosure requirements for the 30 sale of certain condominiums; removing the 31 requirement that question and answer sheets be 203 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 part of the closing documents; amending s. 2 718.504, F.S.; revising language with respect 3 to the prospectus or offering circular; 4 amending s. 548.002, F.S.; providing 5 definitions; authorizing the Florida State 6 Boxing Commission to require the posting of a 7 bond or other form of security by 8 concessionaires; amending s. 548.015, F.S.; 9 authorizing the Florida State Boxing Commission 10 to require surety bonds or other forms of 11 security; amending s. 548.003, F.S.; requiring 12 one member of the Florida State Boxing 13 Commission to be a licensed physician; 14 providing additional duties and 15 responsibilities of the Florida State Boxing 16 Commission; requiring the Florida State Boxing 17 Commission to make recommendations with respect 18 to unregulated and unsanctioned boxing 19 competition; amending s. 548.017, F.S.; 20 providing requirements for ringside physicians; 21 requiring concessionaires to be licensed; 22 amending s. 548.021, F.S.; providing a criminal 23 penalty for attempting to obtain a license by 24 means of fraudulent information; creating s. 25 548.024, F.S.; authorizing the Florida State 26 Boxing Commission to adopt rules which provide 27 for background investigations of applicants for 28 licensure; providing for the submission of 29 fingerprint cards; providing procedure for 30 processing fingerprint cards; amending s. 31 548.028, F.S.; expanding provisions with 204 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 respect to persons whom the Florida State 2 Boxing Commission shall not license; amending 3 s. 548.041, F.S.; providing requirements and 4 restrictions with respect to age, condition, 5 and suspension of boxers; providing for 6 revocation of license under specified 7 circumstances; amending s. 548.043, F.S.; 8 providing requirements and procedure for the 9 weighing of participants in a boxing match; 10 amending s. 548.046, F.S.; revising provisions 11 with respect to physicians' attendance at 12 boxing matches; providing state insurance 13 coverage and sovereign immunity protection for 14 assigned physicians; requiring the provision of 15 urine samples by participants under specified 16 circumstances; providing for revocation of 17 license for failure or refusal to provide a 18 required urine sample; providing conditions 19 with respect to forfeiture and redistribution 20 of purse upon failure or refusal to provide a 21 required urine sample; specifying authority of 22 physicians at boxing matches; providing 23 procedure in the event of injury of a referee; 24 authorizing blood tests of participants prior 25 to a match; providing for cancellation of the 26 match for a test showing the presence of a 27 communicable disease or for failure to present 28 blood test results, if required; authorizing 29 the Florida State Boxing Commission to adopt 30 rules relating to blood tests; amending s. 31 548.049, F.S.; increasing the minimum coverage 205 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 amount of required insurance for participants 2 in boxing matches; requiring promoters to pay 3 any deductible for such insurance policy; 4 amending s. 548.05, F.S.; providing additional 5 requirements with respect to contracts between 6 managers and professionals; amending s. 7 548.057, F.S.; placing specified restrictions 8 on judges of boxing matches; providing 9 requirements with respect to number and 10 location of judges; amending s. 548.06, F.S.; 11 revising provisions relating to promoters and 12 payments to the state; amending s. 548.074, 13 F.S.; providing that the department shall have 14 the power to administer oaths, take 15 depositions, make inspections, serve subpoenas, 16 and compel the attendance of witnesses and 17 other evidence; amending s. 548.075, F.S.; 18 authorizing the Florida State Boxing Commission 19 to adopt rules to permit the issuance of 20 citations; repealing s. 548.045, F.S., relating 21 to the creation, qualifications, compensation, 22 and powers and duties of the medical advisory 23 council; amending s. 455.2281, F.S.; 24 authorizing any profession regulated by the 25 department which offers services that are not 26 subject to regulation when provided by an 27 unlicensed person to use funds in its 28 unlicensed activity account to inform the 29 public of such situation; authorizing a board 30 or profession regulated by the department to 31 transfer funds in its operating fund account to 206 1:24 PM 05/04/01 s0348.ri33.11
SENATE AMENDMENT Bill No. CS for SB 348, 1st Eng. Amendment No. ___ Barcode 843900 1 its unlicensed activity account under certain 2 circumstances; amending s. 473.313, F.S.; 3 providing authority for the reinstatement of 4 certain licensees in public accountancy whose 5 licenses have become void; providing for the 6 use of private sector staffing services firms 7 in the delivery of workforce services; requires 8 the development of policies and guidelines by 9 Workforce Florida, Inc., related to the use of 10 staffing services in the operation of the 11 workforce system; requires a report by 12 Workforce Florida, Inc.; providing effective 13 dates. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 207 1:24 PM 05/04/01 s0348.ri33.11