Senate Bill sb2252c1

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    Florida Senate - 2002                           CS for SB 2252

    By the Committee on Regulated Industries; and Senator
    Constantine




    315-2130-02

  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 which may be made

  5         available annually; amending s. 721.13, F.S.;

  6         authorizing the managing entity of a timeshare

  7         to allocate net rental proceeds in any

  8         reasonable manner with respect to a specific

  9         timeshare under certain circumstances;

10         authorizing the managing entity to rent certain

11         units to a developer at a bulk rate; amending

12         s. 721.15, F.S.; revising a provision with

13         respect to assessments for common expenses;

14         providing an effective date.

15

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

17

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

19  Statutes, is amended to read:

20         721.111  Prize and gift promotional offers.--

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

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

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

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

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

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

27  promoted prizes are actually awarded.  All such drawings must

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

29  849.094(1), (2), and (7).

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

31  721.13, Florida Statutes, is amended to read:

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    Florida Senate - 2002                           CS for SB 2252
    315-2130-02




  1         721.13  Management.--

  2         (6)

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

  4  and timely given notice to a delinquent purchaser pursuant to

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

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

  7  to the delinquent purchaser that it may rent the delinquent

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

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

10  any rental commissions, cleaning charges, travel agent

11  commissions, or any other commercially reasonable charges

12  reasonably and usually incurred by the managing entity in

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

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

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

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

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

18  reasonable determination regarding the priority of rentals of

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

20  in the event that the delinquent purchaser of a timeshare

21  period rented pursuant to this paragraph cannot be

22  specifically determined due to the structure of the timeshare

23  plan, may allocate such net rental proceeds by the managing

24  entity in any reasonable manner.

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

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

27  conspicuous type that:

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

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

30  date of the notice of intent to rent.

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    Florida Senate - 2002                           CS for SB 2252
    315-2130-02




  1         b.  Unless the purchaser satisfies the delinquency in

  2  full, or unless the purchaser produces satisfactory evidence

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

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

  5  contract entered into by the managing entity with respect to

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

  7         c.  The purchaser will remain liable for any difference

  8  between the amount of the delinquency and the net amount

  9  produced by the rental contract and applied against the

10  delinquency pursuant to this paragraph, and the managing

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

12  the purchaser regarding any residual delinquency pursuant to

13  this paragraph.

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

15  the managing entity shall not be required to obtain the

16  highest nightly rental rate available, nor any particular

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

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

19  must use reasonable efforts to secure a rental that is

20  commensurate with other rentals of similar timeshare periods

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

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

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

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

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

26  Statutes, is amended to read:

27         721.15  Assessments for common expenses.--

28         (3)  Delinquent assessments may bear interest at the

29  highest rate permitted by law or at some lesser rate

30  established by the managing entity. In addition to such

31  interest, the managing entity may charge an administrative

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    Florida Senate - 2002                           CS for SB 2252
    315-2130-02




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

  2  assessment. Provided that a purchaser has been advised in

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

  4  collection agency that the purchaser may be liable for the

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

  6  Any costs of collection, including reasonable collection

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

  8  collection of a delinquent assessment shall be paid by the

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

10  managing entity upon the timeshare interest with respect to

11  which the delinquent assessment has been incurred; however, in

12  the event that a managing entity turns the matter over to a

13  collection agency, the managing entity must advise the

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

15  the collection agency that the purchaser may be liable for the

16  fees of the collection agency and that a lien may result

17  therefrom.

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

19  law.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                             SB 2252

23

24  The Committee Substitute:

25  -Allows the managing entity to rent delinquent units at a bulk
    rate to any entity, not just the developer.
26
    -Adds provisions increasing the number of prizes a timeshare
27  developer may offer in a drawing in connection with offering
    or selling timeshare interests from 10 to 26.
28

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