House Bill hb1381c1

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    Florida House of Representatives - 2002             CS/HB 1381

        By the Council for Smarter Government and Representatives
    Mealor and Attkisson





  1                      A bill to be entitled

  2         An act relating to timeshares; amending s.

  3         721.111, F.S.; increasing the number of

  4         allowable promotional prizes that may be made

  5         available annually with respect to the offering

  6         or sale of timeshare interests; amending s.

  7         721.13, F.S.; authorizing the managing entity

  8         of a timeshare to allocate net rental proceeds

  9         in any reasonable manner with respect to a

10         specific timeshare under certain circumstances;

11         authorizing the managing entity to rent certain

12         units at a bulk rate; amending s. 721.15, F.S.;

13         revising language with respect to assessments

14         for common expenses; providing an effective

15         date.

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

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19         Section 1.  Subsection (2) of section 721.111, Florida

20  Statutes, is amended to read:

21         721.111  Prize and gift promotional offers.--

22         (2)  A game promotion, such as a contest of chance,

23  gift enterprise, or sweepstakes, in which the elements of

24  chance and prize are present may not be used in connection

25  with the offering or sale of timeshare interests, except for

26  drawings, as that term is defined in s. 849.0935(1)(a), in

27  which no more than 26 10 prizes are promoted and in which all

28  promoted prizes are actually awarded.  All such drawings must

29  meet all requirements of this chapter and of ss. 849.092 and

30  849.094(1), (2), and (7).

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    Florida House of Representatives - 2002             CS/HB 1381

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  1         Section 2.  Paragraph (f) of subsection (6) of section

  2  721.13, Florida Statutes, is amended to read:

  3         721.13  Management.--

  4         (6)

  5         (f)1.  Provided that the managing entity has properly

  6  and timely given notice to a delinquent purchaser pursuant to

  7  paragraph (b) and to any affiliated exchange program pursuant

  8  to paragraph (c), the managing entity may give further notice

  9  to the delinquent purchaser that it may rent the delinquent

10  purchaser's timeshare period, or any use rights appurtenant

11  thereto, and will apply the proceeds of such rental, net of

12  any rental commissions, cleaning charges, travel agent

13  commissions, or any other commercially reasonable charges

14  reasonably and usually incurred by the managing entity in

15  securing rentals, to the delinquent purchaser's account. Such

16  further notice of intent to rent must be given at least 30

17  days prior to the first day of the purchaser's use period, and

18  must be delivered to the purchaser in the manner required for

19  notices under paragraph (b). A managing entity may make a

20  reasonable determination regarding the priority of rentals of

21  timeshare periods to be rented pursuant to this paragraph and,

22  in the event that the delinquent purchaser of a timeshare

23  period rented pursuant to this paragraph cannot be

24  specifically determined due to the structure of the timeshare

25  plan, allocate such net rental proceeds by the managing entity

26  in any reasonable manner.

27         2.  The notice of intent to rent, which may be included

28  in the notice required by paragraph (b), must state in

29  conspicuous type that:

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    Florida House of Representatives - 2002             CS/HB 1381

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  1         a.  The managing entity's efforts to secure a rental

  2  will not commence on a date earlier than 10 days after the

  3  date of the notice of intent to rent.

  4         b.  Unless the purchaser satisfies the delinquency in

  5  full, or unless the purchaser produces satisfactory evidence

  6  that the delinquency does not exist pursuant to paragraph (b),

  7  the purchaser will be bound by the terms of any rental

  8  contract entered into by the managing entity with respect to

  9  the purchaser's timeshare period or appurtenant use rights.

10         c.  The purchaser will remain liable for any difference

11  between the amount of the delinquency and the net amount

12  produced by the rental contract and applied against the

13  delinquency pursuant to this paragraph, and the managing

14  entity shall not be required to provide any further notice to

15  the purchaser regarding any residual delinquency pursuant to

16  this paragraph.

17         3.  In securing a rental pursuant to this paragraph,

18  the managing entity shall not be required to obtain the

19  highest nightly rental rate available, nor any particular

20  rental rate, and the managing entity shall not be required to

21  rent the entire timeshare period; however, the managing entity

22  must use reasonable efforts to secure a rental that is

23  commensurate with other rentals of similar timeshare periods

24  or use rights generally secured at that time. Alternatively,

25  the managing entity may rent such units at a bulk rate that is

26  below the rate described above but not less than $200 per

27  week, which amount may be prorated for daily rentals.

28         Section 3.  Subsection (3) of section 721.15, Florida

29  Statutes, is amended to read:

30         721.15  Assessments for common expenses.--

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    Florida House of Representatives - 2002             CS/HB 1381

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  1         (3)  Delinquent assessments may bear interest at the

  2  highest rate permitted by law or at some lesser rate

  3  established by the managing entity. In addition to such

  4  interest, the managing entity may charge an administrative

  5  late fee in an amount not to exceed $25 for each delinquent

  6  assessment. Provided that a purchaser has been advised in

  7  writing at least 60 days prior to turning the matter over to a

  8  collection agency that the purchaser may be liable for the

  9  fees of the collection agency and a lien may result therefrom,

10  Any costs of collection, including reasonable collection

11  agency fees and reasonable attorney's fees, incurred in the

12  collection of a delinquent assessment shall be paid by the

13  purchaser and shall be secured by a lien in favor of the

14  managing entity upon the timeshare interest with respect to

15  which the delinquent assessment has been incurred; provided,

16  however, in the event a managing entity turns the matter over

17  to a collection agency, the managing entity must advise the

18  purchaser at least 60 days prior to turning the matter over to

19  a collection agency that the purchaser may be liable for the

20  fees of the collection agency and a lien may result therefrom.

21         Section 4.  This act shall take effect upon becoming a

22  law.

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