House Bill hb0887

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    Florida House of Representatives - 2002                 HB 887

        By Representative Melvin






  1                      A bill to be entitled

  2         An act relating to real property reform;

  3         establishing the Mandated Property Reform Task

  4         Force; providing for appointment of members and

  5         organization of the task force; specifying

  6         duties; providing for reports; providing for

  7         termination; providing an appropriation;

  8         providing an effective date.

  9

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

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12         Section 1.  Mandated Property Reform Task Force;

13  membership; duties.--

14         (1)  The Mandated Property Reform Task Force is

15  established and shall review and recommend appropriate changes

16  to the laws of this state affecting land sales, exemptions,

17  and mandatory homeowners' associations and disclosure laws

18  related to adult and residential subdivisions. The task force

19  shall issue recommendations in its preliminary and final

20  reports to the Governor and the Legislature by the dates

21  specified in subsection (5). The Senate Regulated Industries

22  Committee and the House Committee on Judicial Oversight shall

23  provide administrative staff for the task force.  The task

24  force shall consist of the following members, who shall be

25  appointed by July 1, 2002:

26         (a)  Eleven members to be appointed by the Governor.

27         (b)  Five members to be appointed by the President of

28  the Senate.

29         (c)  Five members to be appointed by the Speaker of the

30  House of Representatives.

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    Florida House of Representatives - 2002                 HB 887

    556-258-02






  1         (d)  A representative from the Attorney General's

  2  office.

  3         (e)  Twelve members representing homeowners' rights and

  4  consumer interests who shall be selected from a pool of

  5  candidates solicited for appointment by the Governor, the

  6  President of the Senate, and the Speaker of the House of

  7  Representatives, six of whom shall be appointed by the

  8  Governor, three of whom shall be appointed by the President of

  9  the Senate, and three of whom shall be appointed by the

10  Speaker of the House of Representatives.

11         (f)  Five members of the Legislature who shall be ex

12  officio, nonvoting members of the task force, appointed as

13  follows:

14         1.  Three Senators, to be appointed by the President of

15  the Senate, one of whom is a member of the Senate Agriculture

16  and Consumer Services Committee, one of whom is a member of

17  the Senate Judiciary Committee, and one of whom is a member of

18  the Senate Regulated Industries Committee.

19         2.  Two Representatives, to be appointed by the Speaker

20  of the House of Representatives, one of whom is a member of

21  the House Committee on Business Regulation and one of whom is

22  a member of the House Committee on Judicial Oversight.

23         (2)(a)  Selection of task force members shall be made

24  in a manner which ensures a fair and balanced representation

25  from the industry sector and consumer advocates with a

26  substantial public record of endeavors on behalf of

27  homeowners' rights and consumer interests.

28         (b)  Each appointed member of the task force shall

29  serve at the pleasure of the appointing official. A vacancy on

30  the task force shall be filled in the same manner as the

31  original appointment.

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    Florida House of Representatives - 2002                 HB 887

    556-258-02






  1         (c)  The task force shall elect a chair from among its

  2  members.

  3         (d)  Members of the task force shall serve without

  4  compensation but are entitled to reimbursement for per diem

  5  and travel expenses incurred in the performance of their

  6  duties as provided in s. 112.061, Florida Statutes.

  7         (3)  The task force shall hold its organizational

  8  meeting by August 1, 2002, and thereafter shall meet as

  9  scheduled at the time and place designated by the chair. A

10  majority of the members of the task force constitutes a

11  quorum, and a quorum is necessary for the purpose of

12  conducting official business of the task force. The task force

13  shall use accepted rules of procedure to conduct its meetings

14  and shall keep a complete record of each meeting.

15         (4)  The task force shall evaluate the changes and

16  additions, if any, to those laws which may be appropriate to

17  protect the interests of consumers and property owners on

18  matters including, but not limited to, control of the

19  homeowners' association's operations, management and

20  maintenance, disclosure of financial reports by developers or

21  owners, disclosure of all governing documents governing the

22  real property, penalties for noncompliance, oversight and

23  funding for such protection of interests, alternative dispute

24  resolution, and assistance in the formulation of rules to

25  implement enforcement.

26         (5)(a)  By February 1, 2003, the task force shall

27  submit a preliminary report to the Governor, the President of

28  the Senate, and the Speaker of the House of Representatives.

29         (b)  By February 1, 2004, the task force shall submit a

30  final report to the Governor, the President of the Senate, and

31  the Speaker of the House of Representatives.

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    Florida House of Representatives - 2002                 HB 887

    556-258-02






  1         (6)  This act is repealed and the task force is

  2  terminated June 30, 2004.

  3         Section 2.  The sum of $100,000 is appropriated from

  4  the General Revenue Fund to the Office of Legislative Services

  5  for the purpose of paying administrative expenses and funding

  6  contracts necessary to carry out the provisions of this act.

  7         Section 3.  This act shall take effect upon becoming a

  8  law.

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11                          HOUSE SUMMARY

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      Establishes the Mandated Property Reform Task Force to
13    review and recommend appropriate changes to state laws
      affecting land sales, exemptions, and mandatory
14    homeowners' associations and disclosure laws related to
      adult and residential subdivisions.
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