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    Florida House of Representatives - 2001              CS/HB 411

        By the Committee on Judicial Oversight and Representatives
    Kyle, Murman, Paul, Detert, Baxley, Hart, Byrd, Littlefield,
    Machek, Alexander, Spratt, Fiorentino, Mayfield, Farkas,
    Green, Bilirakis, Waters, Brummer, Crow, Kallinger, Kottkamp,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to the Florida Mobile Home Act;

  3         amending s. 723.003, F.S.; defining the term

  4         "proportionate share"; amending s. 723.007,

  5         F.S.; providing for imposition of a surcharge

  6         on annual fees; amending s. 723.011, F.S.;

  7         requiring the Division of Florida Land Sales,

  8         Condominiums, and Mobile Homes to maintain

  9         specified records; requiring that copies be

10         provided within a specified time after written

11         request; amending s. 723.012, F.S.; revising

12         provisions relating to statements in a

13         prospectus; amending s. 723.037, F.S.; revising

14         procedures for meetings that determine the

15         status of changes in lot rentals; amending s.

16         723.061, F.S.; revising timeframes for giving

17         notice of changes in lot rental amounts and use

18         of land comprising mobile home parks; creating

19         s. 723.0610, F.S.; providing for the payment of

20         relocation expenses under certain

21         circumstances; providing a penalty with respect

22         to certain false statements or misstatements of

23         fact; providing an effective date.

24

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

26

27         Section 1.  Subsections (11) through (14) of section

28  723.003, Florida Statutes, are renumbered as subsections (12)

29  through (15), respectively, and a new subsection (11) is added

30  to said section to read:

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  1         723.003  Definitions.--As used in this chapter, the

  2  following words and terms have the following meanings unless

  3  clearly indicated otherwise:

  4         (11)  The term "proportionate share" as used in

  5  subsection (10) means an amount calculated by dividing equally

  6  among the affected developed lots in the park the total costs

  7  for the necessary and actual direct costs and impact or hookup

  8  fees incurred for governmentally mandated capital improvements

  9  serving the recreational and common areas and all affected

10  developed lots in the park.

11         Section 2.  Section 723.007, Florida Statutes, is

12  amended to read:

13         723.007  Annual fees; surcharge.--

14         (1)  Each mobile home park owner shall pay to the

15  division, on or before October 1 of each year, an annual fee

16  of $4 for each mobile home lot within a mobile home park which

17  he or she owns.  The division may, after December 31, 1993, by

18  rule, increase the amount of the annual fee to an amount not

19  to exceed $5 for each mobile home lot to fund operation of the

20  division.  If the fee is not paid by December 31, the mobile

21  home park owner shall be assessed a penalty of 10 percent of

22  the amount due, and he or she shall not have standing to

23  maintain or defend any action in the courts of this state

24  until the amount due, plus any penalty, is paid.

25         (2)  There is levied on each annual fee imposed under

26  subsection (1) a surcharge in the amount of $1 upon each

27  mobile home lot that is offered for lease within a mobile home

28  park owned by a mobile home park owner. The surcharge shall be

29  collected in the same manner as the annual fee and shall be

30  deposited into the Florida Mobile Home Relocation Trust Fund

31  if created by law. Collection of the surcharge shall begin

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  1  during the first year after this subsection takes effect. This

  2  surcharge may not be imposed during the next year if the

  3  balance in the trust fund exceeds $10 million. The surcharge

  4  shall be reinstated in the next year after the balance in the

  5  trust fund falls below $6 million. The surcharge imposed by

  6  this subsection may not be imposed as a separate charge

  7  regardless of any disclosure in the prospectus.

  8         Section 3.  Subsection (1) of section 723.011, Florida

  9  Statutes, is amended to read:

10         723.011  Disclosure prior to rental of a mobile home

11  lot; prospectus, filing, approval.--

12         (1)(a)  In a mobile home park containing 26 or more

13  lots, the park owner shall file a prospectus with the

14  division.  Prior to entering into an enforceable rental

15  agreement for a mobile home lot, the park owner shall deliver

16  to the homeowner a prospectus approved by the division.  This

17  subsection does shall not be construed to invalidate those lot

18  rental agreements for which an approved prospectus was

19  required to be delivered and which was delivered on or before

20  July 1, 1986, if the mobile home park owner had:

21         1.  Filed a prospectus with the division prior to

22  entering into the lot rental agreement;

23         2.  Made a good faith effort to correct deficiencies

24  cited by the division by responding within the time limit set

25  by the division, if one was set; and

26         3.  Delivered the approved prospectus to the mobile

27  home owner within 45 days of approval by the division.

28

29  This paragraph does shall not preclude the finding that a lot

30  rental agreement is invalid on other grounds and does shall

31  not be construed to limit any rights of a mobile home owner or

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  1  to preclude a mobile home owner from seeking any remedies

  2  allowed by this chapter, including a determination that the

  3  lot rental agreement or any part thereof is unreasonable.

  4         (b)  The division shall determine whether the proposed

  5  prospectus or offering circular is adequate to meet the

  6  requirements of this chapter and shall notify the park owner

  7  by mail, within 45 days after of receipt of the document, that

  8  the division has found that either approved the prospectus or

  9  offering circular is adequate or has found specified

10  deficiencies.  If In the event the division does not make

11  either finding approve the prospectus or advise the park owner

12  of deficiencies within 45 days, the prospectus shall be deemed

13  to have been found adequate be approved.

14         (c)1.  Filings for mobile home parks in which lots have

15  not been offered for lease prior to June 4, 1984, shall be

16  accompanied by a filing fee of $10 per lot offered for lease

17  by the park owner; however, the fee shall not be less than

18  $100.

19         2.  Filings for mobile home parks in which lots have

20  been offered for lease prior to the effective date of this

21  chapter shall be accompanied by a filing fee as follows:

22         a.  For a park in which there are 26-50 lots: $100.

23         b.  For a park in which there are 51-100 lots: $150.

24         c.  For a park in which there are 101-150 lots: $200.

25         d.  For a park in which there are 151-200 lots: $250.

26         e.  For a park in which there are 201 or more lots:

27  $300.

28         (d)  The division shall maintain copies of each

29  prospectus and all amendments to each prospectus which are

30  considered adequate by the division. The division shall

31  provide copies of documents requested in writing under this

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  1  subsection within 10 days after the written request is

  2  received.

  3         Section 4.  Subsection (1) of section 723.012, Florida

  4  Statutes, is amended to read:

  5         723.012  Prospectus or offering circular.--The

  6  prospectus or offering circular, which is required to be

  7  provided by s. 723.011, must contain the following

  8  information:

  9         (1)  The front cover or the first page must contain

10  only:

11         (a)  The name of the mobile home park.

12         (b)  The following statements in conspicuous type:

13         1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS VERY

14  IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND YOUR

15  FINANCIAL OBLIGATIONS MATTERS TO BE CONSIDERED IN LEASING A

16  MOBILE HOME LOT. MAKE SURE THAT YOU READ THE ENTIRE DOCUMENT

17  AND SEEK LEGAL ADVICE IF YOU HAVE ANY QUESTIONS REGARDING THE

18  INFORMATION SET FORTH IN THIS DOCUMENT.

19         2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

20  NATURE.  A PROSPECTIVE LESSEE SHOULD REFER TO ALL REFERENCES,

21  ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES

22  MATERIALS.

23         3.  ORAL REPRESENTATIONS SHOULD NOT BE RELIED UPON AS

24  CORRECTLY STATING THE REPRESENTATIONS OF THE PARK OWNER OR

25  OPERATOR.  REFER TO THIS PROSPECTUS (OFFERING CIRCULAR) AND

26  ITS EXHIBITS FOR CORRECT REPRESENTATIONS.

27         4.  UPON DELIVERY OF THE PROSPECTUS TO A PROSPECTIVE

28  LESSEE, THE RENTAL AGREEMENT IS VOIDABLE BY THE LESSEE FOR A

29  PERIOD OF 15 DAYS.

30

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  1         Section 5.  Subsection (4) and paragraph (a) of

  2  subsection (5) of section 723.037, Florida Statutes, are

  3  amended to read:

  4         723.037  Lot rental increases; reduction in services or

  5  utilities; change in rules and regulations; mediation.--

  6         (4)(a)  A committee, not to exceed five in number,

  7  designated by a majority of the affected mobile home owners or

  8  by the board of directors of the homeowners' association, if

  9  applicable, and the park owner shall meet, at a mutually

10  convenient time and place within 30 days after receipt by the

11  homeowners of the notice of change, to discuss the reasons for

12  the increase in lot rental amount, reduction in services or

13  utilities, or change in rules and regulations.

14         (b)  At the meeting, the park owner or subdivision

15  developer shall in good faith disclose and explain all

16  material factors resulting in the decision to increase the lot

17  rental amount, reduce services or utilities, or change rules

18  and regulations, including how those factors justify the

19  specific change proposed. The park owner or subdivision

20  developer may not limit the discussion of the reasons for the

21  change to generalities only, such as, but not limited to,

22  increases in operational costs, changes in economic

23  conditions, or rents charged by comparable mobile home parks.

24  For example, if the reason for an increase in lot rental

25  amount is an increase in operational costs, the park owner

26  must disclose the item or items which have increased, the

27  amount of the increase, any similar item or items which have

28  decreased, and the amount of the decrease. If an increase is

29  based upon the lot rental amount charged by comparable mobile

30  home parks, the park owner shall disclose, and provide in

31  writing to the committee at or before the meeting, the name,

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  1  address, lot rental amount, and any other relevant factors

  2  relied upon by the park owner, such as facilities, services,

  3  and amenities, concerning the comparable mobile home parks

  4  relied upon by the park owner. The park owner shall prepare a

  5  written summary of the material factors and retain a copy for

  6  3 years. The park owner shall provide the committee a copy of

  7  the summary at or before the meeting.

  8         (c)  If the committee disagrees with a park owner's lot

  9  rental amount increase based upon comparable mobile home

10  parks, the committee shall disclose to the park owner the

11  name, address, lot rental amount, and any other relevant

12  factors relied upon by the committee, such as facilities,

13  services, and amenities, concerning the comparable mobile home

14  parks.  The committee shall provide to the park owner the

15  disclosure, in writing, within 15 days after the meeting with

16  the park owner, together with a request for a second meeting.

17         (d)  The committee and the park owner may mutually

18  agree, in writing, to extend or continue any meetings required

19  by this section.

20         (e)  Either party may prepare and use additional

21  information to support its position during or subsequent to

22  the meetings required by this section.

23         (5)(a)  Within 30 days after the date of the last

24  scheduled meeting described in subsection (4), the homeowners

25  may petition the division to initiate mediation of the dispute

26  pursuant to s. 723.038 if a majority of the affected

27  homeowners have designated, in writing, that:

28         1.  The rental increase is unreasonable;

29         2.  The rental increase has made the lot rental amount

30  unreasonable;

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  1         3.  The decrease in services or utilities is not

  2  accompanied by a corresponding decrease in rent or is

  3  otherwise unreasonable; or

  4         4.  The change in the rules and regulations is

  5  unreasonable.

  6         Section 6.  Section 723.061, Florida Statutes, is

  7  amended to read:

  8         723.061  Eviction; grounds, proceedings.--

  9         (1)  A mobile home park owner may evict a mobile home

10  owner or a mobile home only on one or more of the grounds

11  provided in this section.

12         (a)  Nonpayment of lot rental amount.  If a mobile home

13  owner fails to pay the lot rental amount when due and if the

14  default continues for 5 days after delivery of a written

15  demand by the mobile home park owner for payment of the lot

16  rental amount, the park owner may terminate the tenancy.

17  However, if the mobile home owner pays the lot rental amount

18  due, including any late charges, court costs, and attorney's

19  fees, the court may, for good cause, deny the order of

20  eviction, provided such nonpayment has not occurred more than

21  twice.

22         (b)  Conviction of a violation of a federal or state

23  law or local ordinance, which violation may be deemed

24  detrimental to the health, safety, or welfare of other

25  residents of the mobile home park.

26         (c)  Violation of a park rule or regulation, the rental

27  agreement, or this chapter.

28         1.  For the first violation of any properly promulgated

29  rule or regulation, rental agreement provision, or this

30  chapter which is found by any court having jurisdiction

31  thereof to have been an act which endangered the life, health,

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  1  safety, or property of the park residents or the peaceful

  2  enjoyment of the mobile home park by its residents, the mobile

  3  home park owner may terminate the rental agreement, and the

  4  mobile home owner will have 7 days from the date that the

  5  notice is delivered to vacate the premises.

  6         2.  For a second violation of the same properly

  7  promulgated rule or regulation, rental agreement provision, or

  8  this chapter within 12 months, the mobile home park owner may

  9  terminate the tenancy if she or he has given the mobile home

10  owner written notice within 30 days of the first violation,

11  which notice specified the actions of the mobile home owner

12  which caused the violation and gave the mobile home owner 7

13  days to correct the noncompliance. The mobile home owner must

14  have received written notice of the ground upon which she or

15  he is to be evicted at least 30 days prior to the date on

16  which she or he is required to vacate.  A second violation of

17  a properly promulgated rule or regulation, rental agreement

18  provision, or this chapter within 12 months of the first

19  violation is unequivocally a ground for eviction, and it is

20  not a defense to any eviction proceeding that a violation has

21  been cured after the second violation.  Violation of a rule or

22  regulation, rental agreement provision, or this chapter after

23  the passage of 1 year from the first violation of the same

24  rule or regulation, rental agreement provision, or this

25  chapter does not constitute a ground for eviction under this

26  section.

27

28  No properly promulgated rule or regulation may be arbitrarily

29  applied and used as a ground for eviction.

30         (d)  Change in use of the land comprising the mobile

31  home park, or the portion thereof from which mobile homes are

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  1  to be evicted, from mobile home lot rentals to some other use,

  2  provided all tenants affected are given at least 6 months' 1

  3  year's notice of the projected change of use and of their need

  4  to secure other accommodations. The park owner may not give a

  5  notice of increase in lot rental amount within 90 days before

  6  giving notice of a change in land use.

  7         (e)  Failure of the purchaser of a mobile home situated

  8  in the mobile home park to be qualified as, and to obtain

  9  approval to become, a tenant, if such approval is required by

10  a properly promulgated rule.

11         (2)  In the event of eviction for change of land use,

12  homeowners must object to the change in land use by

13  petitioning for administrative or judicial remedies within 90

14  days of the date of the notice or they will be barred from

15  taking any subsequent action to contest the change in land

16  use. This provision shall not be construed to prevent any

17  homeowner from objecting to a zoning change at any time.

18         (a)  Within 90 days from the time the park owner gives

19  the 1-year notice, she or he shall notify the homeowner of her

20  or his election to either buy the mobile home, relocate the

21  mobile home to another park owned by the park owner, or pay to

22  relocate the mobile home to another mobile home park, as

23  follows:

24         1.  Pay as damages the actual cost, including setup

25  fees, to move an evicted mobile home, with comparable and any

26  required appurtenances, to a comparable mobile home park

27  within a 50-mile radius of the mobile home park or other

28  distance agreed upon by the park owner and mobile home owner.

29  Since the amount of damages that a homeowner will suffer due

30  to the change in land use by the park owner cannot be easily

31  estimated and would be difficult and expensive to determine,

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  1  it is the intent of the Legislature that the payment contained

  2  herein be considered in the nature of liquidated damages and

  3  not a penalty.  It is the intent of the Legislature that the

  4  liquidated damages to which the mobile home owner is entitled

  5  be limited to the damages defined in this subparagraph only

  6  for so long as this subsection remains in effect. The

  7  liquidated damages apply only to the harm incurred by the

  8  homeowner for having to relocate, and this provision shall not

  9  preclude incidental damages that might occur in relocating the

10  mobile home;

11         2.  Purchase the mobile home and all appurtenances

12  thereto at a value to be determined as follows:

13         a.  A mutually agreed upon appraiser will assess the

14  book value of the mobile home and cash value of all

15  appurtenances thereto and the market value of the mobile home

16  as situated immediately prior to the notice of change in land

17  use.  Any nationally recognized publication for valuation of

18  mobile and manufactured homes shall be used as a guide for

19  determining such value.

20         b.  The homeowner will be entitled to the book value of

21  the mobile home and cash value of the appurtenances.

22         c.  The homeowner will also be entitled to the

23  following portion of the difference between the book value and

24  cash value of the appurtenances and the market value of the

25  mobile home.  If the homeowner has resided in the mobile home

26  at the time of notice of land use change by the park owner:

27         0 years up to 5 years........................40 percent

28         5 years up to 15 years.......................60 percent

29         15 years up to 20 years......................80 percent

30         20 years or more............................100 percent

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  1         d.  The homeowner who has become a resident of the park

  2  within 0-5 years of the notice of change in land use shall be

  3  entitled, in addition to the compensation set forth above, to

  4  60 percent of the difference between the book value and the

  5  market value of the mobile home.

  6         e.  Between the date of the appraisals referred to in

  7  this subsection and the delivery of title and possession of

  8  the mobile home and all appurtenances thereto to the park

  9  owner, the mobile home and the appurtenances shall be

10  maintained by the homeowner in the condition existing on the

11  date of the appraisals, ordinary wear and tear excepted; or

12         3.  Reach a mutually agreed to settlement between the

13  park owner and the homeowner.

14         (b)  Either the mobile home owner or the park owner may

15  apply to the circuit court in the county where the mobile home

16  lot is located for purposes of selecting an appraiser to

17  determine the value of the mobile home and appurtenances or

18  for resolution of any other dispute arising under this

19  subsection.

20         (c)  In any dispute in a circuit court regarding the

21  value of the mobile home as appraised pursuant to this

22  subsection, the court shall determine the amount to be

23  deposited into the registry of the court as will fully secure

24  and fully compensate the homeowner as ultimately determined by

25  the final judgment.  The court shall fix the time within which

26  and the terms upon which the homeowner shall be required to

27  surrender possession and title to the park owner. The order of

28  the court shall not become effective unless the deposit of the

29  required sum is made in the registry of the court.

30

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  1         (3)(d)  The provisions of s. 723.083 shall not be

  2  applicable to any park where the provisions of this subsection

  3  apply.

  4         (4)(3)  A mobile home park owner applying for the

  5  removal of a mobile home owner or a mobile home, or both,

  6  shall file, in the county court in the county where the mobile

  7  home lot is situated, a complaint describing the lot and

  8  stating the facts that authorize the removal of the mobile

  9  home owner and the mobile home.  The park owner is entitled to

10  the summary procedure provided in s. 51.011, and the court

11  shall advance the cause on the calendar.

12         (5)(4)  Any notice required by this section must be in

13  writing, and must be posted on the premises and sent to the

14  mobile home owner by certified or registered mail, return

15  receipt requested, addressed to the mobile home owner at her

16  or his last known address.  Delivery of the mailed notice

17  shall be deemed given 5 days after the date of postmark.

18         Section 7.  Section 723.0610, Florida Statutes, is

19  created to read:

20         723.0610  Change in land use; relocation expenses;

21  payments by park owner.--

22         (1)  If a mobile home owner is required to move due to

23  a change in use of the land comprising the mobile home park as

24  set forth in s. 723.061(1)(d) and complies with the

25  requirements of this section, the mobile home owner is

26  entitled to payment from the Florida Mobile Home Relocation

27  Trust Fund, if created by law, of:

28         (a)  The amount of actual moving expenses of relocating

29  the mobile home to a new location within a 50-mile radius of

30  the vacated park, or

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  1         (b)  The amount of $5,000 for a single-section mobile

  2  home or $10,000 for a multisection mobile home,

  3

  4  whichever is less. Moving expenses include the cost of taking

  5  down, moving, and setting up the mobile home in a new

  6  location.

  7         (2)  Except as provided in subsection (3), upon the

  8  occurrence of a change in use, the park owner shall pay to the

  9  Florida Mobile Home Relocation Trust Fund, if created by law,

10  $2,000 for each single-section mobile home and $2,500 for each

11  multisection mobile home for which a mobile home owner has

12  made application for payment of moving expenses.

13         (3)  A park owner is not required to make the payment

14  prescribed in subsection (2), nor is the mobile home owner

15  entitled to compensation under subsection (1), when:

16         (a)  The park owner moves a mobile home owner to

17  another space in the mobile home park or to another mobile

18  home park at the park owner's expense;

19         (b)  A mobile home owner is vacating the premises and

20  has informed the park owner or manager before notice of the

21  change in land use has been given; or

22         (c)  A mobile home owner abandons the mobile home as

23  set forth in subsection (8).

24         (4)  Except as provided in subsection (8), in order to

25  obtain payment from the Florida Mobile Home Relocation Trust

26  Fund, the mobile home owner shall submit to the Florida Mobile

27  Home Relocation Corporation, if created by law, with a copy to

28  the park owner, an application for payment which includes:

29         (a)  A copy of the notice of eviction due to change in

30  land use; and

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  1         (b)  A contract with a moving or towing contractor for

  2  the moving expenses for the mobile home.

  3         (5)  The Florida Mobile Home Relocation Corporation

  4  must approve payment from the Florida Mobile Home Relocation

  5  Trust Fund within 15 days after receipt of the information set

  6  forth in subsection (4), or payment is deemed approved. A copy

  7  of the approval must be forwarded to the park owner with an

  8  invoice for payment under subsection (2). Upon approval, the

  9  corporation shall make payment immediately, but in any event

10  before the time of relocation.

11         (6)  Actions of the Florida Mobile Home Relocation

12  Corporation under this section are not subject to the

13  provisions of chapter 120 but are reviewable only by writ of

14  certiorari in the circuit court in the county in which the

15  claimant resides in the manner and within the time provided by

16  the Florida Rules of Appellate Procedure.

17         (7)  This section does not apply to any proceeding in

18  eminent domain under chapter 73 or chapter 74.

19         (8)  In lieu of collecting payment from the Florida

20  Mobile Home Relocation Trust Fund as set forth in subsection

21  (1), a mobile home owner may abandon the mobile home in the

22  mobile home park and collect an amount equal to one-fourth of

23  the maximum allowable moving expenses from the trust fund as

24  long as the mobile home owner delivers to the park owner the

25  current title to the mobile home duly endorsed by the owner of

26  record and valid releases of all liens shown on the title. If

27  a mobile home owner chooses this option, the park owner shall

28  make payment to the trust fund in an amount equal to

29  one-fourth of the maximum allowable moving expenses.

30         (9)  Neither the Florida Mobile Home Relocation

31  Corporation nor the Florida Mobile Home Relocation Trust Fund

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  1  shall be liable to any person for recovery if funds in the

  2  trust fund are insufficient to pay the amounts claimed. In any

  3  such event, the corporation shall keep a record of the time

  4  and date of its approval of payment to a claimant. If

  5  sufficient funds become available, the corporation shall pay

  6  the claimant whose unpaid claim is the earliest by time and

  7  date of approval.

  8         (10)  It is unlawful for any person or his or her agent

  9  to file any notice, statement, or other document required

10  under this section which is false or contains any material

11  misstatement of fact. Any person who violates this subsection

12  commits a misdemeanor of the second degree, punishable as

13  provided in s. 775.082 or s. 775.083.

14         Section 8.  This act shall take effect July 1, 2001.

15

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18

19                       ADDITIONAL SPONSORS

20
    Flanagan, Clarke, Bennett, Ross, Bowen, Russell, Harrington,
21
    Gannon, Dockery, Mealor, Cusack, Romeo, Johnson, Kosmas,
22
    Gibson, Negron, Allen, Lynn, Justice and Wiles
23

24

25

26

27

28

29

30

31

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CODING: Words stricken are deletions; words underlined are additions.