Senate Bill sb2534c2

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    Florida Senate - 2003                    CS for CS for SB 2534

    By the Committees on Comprehensive Planning; Regulated
    Industries; and Senator Webster




    316-2462-03

  1                      A bill to be entitled

  2         An act relating to timeshare plans; amending s.

  3         721.02, F.S.; revising provisions with respect

  4         to legislative purpose under the Florida

  5         Vacation Plan and Timesharing Act; amending s.

  6         721.03, F.S.; revising provisions with respect

  7         to the scope of the act to include reference to

  8         personal property timeshare plans; amending s.

  9         721.05, F.S.; providing definitions; amending

10         s. 721.06, F.S.; revising provisions with

11         respect to contracts for purchase of timeshare

12         interests to include provisions with respect to

13         personal property timeshare interests; amending

14         s. 721.065, F.S.; revising provisions with

15         respect to resale purchase agreements to

16         include reference to certain real property and

17         personal property timeshare plans; amending s.

18         721.07, F.S.; revising provisions with respect

19         to public offering statements; amending s.

20         721.075, F.S.; revising provisions with respect

21         to incidental benefits, requiring purchasers to

22         execute a statement indicating the source of

23         the benefit; amending s. 721.08, F.S.; revising

24         provisions with respect to escrow accounts;

25         amending s. 721.09, F.S.; revising provisions

26         with respect to reservation agreements;

27         amending s. 721.11, F.S.; revising provisions

28         with respect to advertising materials;

29         correcting cross-references; amending s.

30         721.12, F.S.; providing for required

31         recordkeeping by the seller of a personal

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 1         property timeshare plan; amending s. 721.13,

 2         F.S.; revising provisions with respect to

 3         management; amending s. 721.14, F.S.; providing

 4         that a section of law governing the discharge

 5         of the managing entity shall not apply with

 6         respect to personal property timeshare plans;

 7         amending s. 721.15, F.S.; revising provisions

 8         with respect to assessments for common

 9         expenses; amending s. 721.16, F.S.; providing

10         that a section of law governing certain liens

11         does not apply to personal property timeshare

12         plans; amending s. 721.17, F.S.; revising

13         provisions with respect to transfer of

14         interest; amending s. 721.18, F.S.; revising

15         provisions with respect to exchange programs;

16         amending s. 721.19, F.S.; including reference

17         to personal property timeshare interests;

18         amending s. 721.20, F.S., relating to licensing

19         requirements; providing for the application of

20         certain provisions to personal property

21         timeshare plans; amending s. 721.24, F.S.;

22         exempting accommodations and facilities of

23         personal property timeshare plans from a

24         provision of law governing firesafety; amending

25         s. 721.26, F.S.; revising provisions with

26         respect to regulation by the division; amending

27         s. 721.52, F.S.; redefining the term "multisite

28         timeshare plan" and defining the terms

29         "nonspecific multisite timeshare plan" and

30         "specific multisite timeshare plan"; amending

31         s. 721.53, F.S.; revising provisions with

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 1         respect to subordination instruments; amending

 2         s. 721.54, F.S.; deleting a cross-reference;

 3         amending s. 721.55, F.S.; providing reference

 4         to filed rather than registered public offering

 5         statements; providing reference to multisite

 6         timeshare plans; amending s. 721.551, F.S.;

 7         providing for reference to filed rather than

 8         registered public offering statements; amending

 9         s. 721.552, F.S.; providing reference to

10         multisite timeshare plans; amending s. 721.56,

11         F.S.; providing reference to personal property

12         timeshare plans; amending s. 721.57, F.S.;

13         revising provisions with respect to timeshare

14         estates in multisite timeshare plans; amending

15         s. 721.84, F.S.; revising provisions with

16         respect to appointment of a registered agent;

17         amending ss. 721.96 and 721.97, F.S.; including

18         reference to personal property timeshare

19         interests; providing for application with

20         respect to certain filings approved by the

21         Division of Florida Land Sales, Condominiums,

22         and Mobile Homes prior to the effective date of

23         the act; providing an effective date.

24  

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

26  

27         Section 1.  Subsections (1) and (5) of section 721.02,

28  Florida Statutes, are amended to read:

29         721.02  Purposes.--The purposes of this chapter are to:

30  

31  

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 1         (1)  Give statutory recognition to real property

 2  timeshare plans timesharing and personal property timeshare

 3  plans timesharing in this the state.

 4         (5)  Recognize that the tourism industry in this state

 5  is a vital part of the state's economy; that the sale,

 6  promotion, and use of timeshare plans is an emerging, dynamic

 7  segment of the tourism industry; that this segment of the

 8  tourism industry continues to grow, both in volume of sales

 9  and in complexity and variety of product structure; and that a

10  uniform and consistent method of regulation is necessary in

11  order to safeguard Florida's tourism industry and the state's

12  economic well-being. In order to protect the quality of

13  Florida timeshare plans and the consumers who purchase them,

14  it is the intent of the Legislature that this chapter be

15  interpreted broadly in order to encompass all forms of

16  timeshare plans with a duration of at least 3 years that are

17  created with respect to accommodations and facilities that are

18  located in the state or that are offered for sale in the state

19  as provided herein, including, but not limited to,

20  condominiums, cooperatives, undivided interest campgrounds,

21  cruise ships, vessels, houseboats, recreational vehicles and

22  other motor vehicles, and including vacation clubs, multisite

23  vacation plans, and multiyear vacation and lodging

24  certificates.

25         Section 2.  Paragraph (d) is added to subsection (1) of

26  section 721.03, Florida Statutes, and subsection (8) of that

27  section, is amended to read:

28         721.03  Scope of chapter.--

29         (1)  This chapter applies to all timeshare plans

30  consisting of more than seven timeshare periods over a period

31  of at least 3 years in which the accommodations and

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 1  facilities, if any, are located within this state or offered

 2  within this state; provided that:

 3         (d)  For purposes of determining the term of the plan,

 4  the period of any automatic renewals shall be included, except

 5  as provided in s. 721.52(4)(b).

 6         (8)  With respect to any personal property

 7  accommodation or facility of a timeshare plan: which is

 8  situated upon

 9         (a)  This chapter applies only to personal property

10  timeshare plans that are offered in this state.,

11         (b)  The division shall have the authority to adopt

12  rules interpreting and implementing the provisions of this

13  chapter as they apply to any personal property timeshare plan

14  or any such accommodation or facility that is part of a

15  personal property timeshare plan offered in this state, or as

16  the provisions of this chapter they apply to any other laws of

17  this state, of the several states, or of the United States, or

18  of any other jurisdiction, with respect to any personal

19  property timeshare plan or any such accommodation or facility

20  that is part of a personal property timeshare plan offered in

21  this state.

22         (c)  Any developer and any managing entity of a

23  personal property timeshare plan must submit to personal

24  jurisdiction in this state in a form satisfactory to the

25  division at the time of filing a public offering statement.

26         Section 3.  Section 721.05, Florida Statutes, is

27  amended to read:

28         721.05  Definitions.--As used in this chapter, the

29  term:

30         (1)  "Accommodation" means any apartment, condominium

31  or cooperative unit, cabin, lodge, hotel or motel room,

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 1  campground, cruise ship cabin, houseboat or other vessel,

 2  recreational or other motor vehicle, or any or other private

 3  or commercial structure which is situated on real or personal

 4  property and designed for overnight occupancy or use by one or

 5  more individuals. The term does not include an incidental

 6  benefit as defined in this section.

 7         (2)  "Agreement for deed" means any written contract

 8  utilized in the sale of timeshare estates which provides that

 9  legal title will not be conveyed to the purchaser until the

10  contract price has been paid in full and the terms of payment

11  of which extend for a period in excess of 180 days after

12  either the date of execution of the contract or completion of

13  construction, whichever occurs later.

14         (3)  "Agreement for transfer" means any written

15  contract utilized in the sale of personal property timeshare

16  interests which provides that legal title will not be

17  transferred to the purchaser until the contract price has been

18  paid in full and the terms of payment of which extend for a

19  period in excess of 180 days after either the date of

20  execution of the contract or completion of construction,

21  whichever occurs later.

22         (4)(3)  "Assessment" means the share of funds required

23  for the payment of common expenses which is assessed from time

24  to time against each purchaser by the managing entity.

25         (5)(4)  "Closing" means:

26         (a)  For any plan selling timeshare estates, conveyance

27  of the legal or beneficial title to a timeshare estate as

28  evidenced by the delivery of a deed for conveyance of legal

29  title, or other instrument for conveyance of beneficial title,

30  to the purchaser or to the clerk of the court for recording or

31  conveyance of the equitable title to a timeshare estate as

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 1  evidenced by the irretrievable delivery of an agreement for

 2  deed to the clerk of the court for recording.

 3         (b)  For any plan selling timeshare licenses or

 4  personal property timeshare interests, the final execution and

 5  delivery by all parties of the last document necessary for

 6  vesting in the purchaser the full rights available under the

 7  plan.

 8         (6)(5)  "Common expenses" means:

 9         (a)  Those expenses, fees, or taxes properly incurred

10  for the maintenance, operation, and repair of the

11  accommodations or facilities, or both, constituting the

12  timeshare plan.

13         (b)  Any other expenses, fees, or taxes designated as

14  common expenses in a timeshare instrument.

15         (c)  Any past due and uncollected ad valorem taxes

16  assessed against a timeshare development pursuant to s.

17  192.037.

18         (7)(6)  "Completion of construction" means:

19         (a)1.  That a certificate of occupancy has been issued

20  for the entire building in which the timeshare unit being sold

21  is located, or for the improvement, or that the equivalent

22  authorization has been issued, by the governmental body having

23  jurisdiction; or

24         2.  In a jurisdiction in which no certificate of

25  occupancy or equivalent authorization is issued, that the

26  construction, finishing, and equipping of the building or

27  improvements according to the plans and specifications have

28  been substantially completed; or

29         3.  With respect to personal property timeshare plans,

30  that all accommodations have been manufactured or built and

31  acquired or leased by the developer, owners' association,

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 1  managing entity, trustee, or other person for the use of

 2  purchasers as set forth in the timeshare instrument; and

 3         (b)  That all accommodations and facilities of the

 4  timeshare plan are available for use in a manner identical in

 5  all material respects to the manner portrayed by the

 6  promotional material, advertising, and filed registered public

 7  offering statements.

 8         (8)(7)  "Conspicuous type" means:

 9         (a)  Type in upper and lower case letters two point

10  sizes larger than the largest nonconspicuous type, exclusive

11  of headings, on the page on which it appears but in at least

12  10-point type; or

13         (b)  Where the use of 10-point type would be

14  impractical or impossible with respect to a particular piece

15  of written advertising material, a different style of type or

16  print may be used, so long as the print remains conspicuous

17  under the circumstances.

18  

19  Where conspicuous type is required, it must be separated on

20  all sides from other type and print. Conspicuous type may be

21  utilized in contracts for purchase or public offering

22  statements only where required by law or as authorized by the

23  division.

24         (9)(8)  "Contract" means any agreement conferring the

25  rights and obligations of a timeshare plan on the purchaser.

26         (10)(9)  "Developer" includes:

27         (a)  A "creating developer," which means any person who

28  creates the timeshare plan;

29         (b)  A "successor developer," which means any person

30  who succeeds to the interest of the persons in this subsection

31  by sale, lease, assignment, mortgage, or other transfer, but

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 1  the term includes only those persons who offer timeshare

 2  interests in the ordinary course of business; and

 3         (c)  A "concurrent developer," which means any person

 4  acting concurrently with the persons in this subsection with

 5  the purpose of offering timeshare interests in the ordinary

 6  course of business.

 7         (d)  The term "developer" does not include:

 8         1.  An owner of a timeshare interest who has acquired

 9  the timeshare interest for his or her own use and occupancy

10  and who later offers it for resale; provided that a rebuttable

11  presumption shall exist that an owner who has acquired more

12  than seven timeshare interests did not acquire them for his or

13  her own use and occupancy;

14         2.  A managing entity, not otherwise a developer, that

15  offers, or engages a third party to offer on its behalf,

16  timeshare interests in a timeshare plan which it manages,

17  provided that such offer complies with the provisions of s.

18  721.065;

19         3.  A person who owns or is conveyed, assigned, or

20  transferred more than seven timeshare interests and who

21  subsequently conveys, assigns, or transfers all acquired

22  timeshare interests to a single purchaser in a single

23  transaction, which transaction may occur in stages; or

24         4.  A person who has acquired or has the right to

25  acquire more than seven timeshare interests from a developer

26  or other interestholder in connection with a loan,

27  securitization, conduit, or similar financing arrangement

28  transaction and who subsequently arranges for all or a portion

29  of the timeshare interests to be offered by one or more

30  developers in the ordinary course of business on their own

31  behalves or on behalf of such person.

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 1         (e)  A successor or concurrent developer shall be

 2  exempt from any liability inuring to a predecessor or

 3  concurrent developer of the same timeshare plan, except as

 4  provided in s. 721.15(7), provided that this exemption shall

 5  not apply to any of the successor or concurrent developer's

 6  responsibilities, duties, or liabilities with respect to the

 7  timeshare plan that accrue after the date the successor or

 8  concurrent developer became a successor or concurrent

 9  developer, and provided that such transfer does not constitute

10  a fraudulent transfer. In addition to other provisions of law,

11  a transfer by a predecessor developer to a successor or

12  concurrent developer shall be deemed fraudulent if the

13  predecessor developer made the transfer:

14         1.  With actual intent to hinder, delay, or defraud any

15  purchaser or the division; or

16         2.  To a person that would constitute an insider under

17  s. 726.102(7).

18  

19  The provisions of this paragraph shall not be construed to

20  relieve any successor or concurrent developer from the

21  obligation to comply with the provisions of any applicable

22  timeshare instrument.

23         (11)(10)  "Division" means the Division of Florida Land

24  Sales, Condominiums, and Mobile Homes of the Department of

25  Business and Professional Regulation.

26         (12)(11)  "Enrolled" means paid membership in an

27  exchange program or membership in an exchange program

28  evidenced by written acceptance or confirmation of membership.

29         (13)(12)  "Escrow account" means an account established

30  solely for the purposes set forth in this chapter with a

31  financial institution located within this state.

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 1         (14)(13)  "Escrow agent" includes only:

 2         (a)  A savings and loan association, bank, trust

 3  company, or other financial institution, any of which must be

 4  located in this state and any of which must have a net worth

 5  in excess of $5 million;

 6         (b)  An attorney who is a member of The Florida Bar or

 7  his or her law firm;

 8         (c)  A real estate broker who is licensed pursuant to

 9  chapter 475 or his or her brokerage firm; or

10         (d)  A title insurance agent that is licensed pursuant

11  to s. 626.8417, a title insurance agency that is licensed

12  pursuant to s. 626.8418, or a title insurer authorized to

13  transact business in this state pursuant to s. 624.401.

14         (15)(14)  "Exchange company" means any person owning or

15  operating, or owning and operating, an exchange program.

16         (16)(15)  "Exchange program" means any method,

17  arrangement, or procedure for the voluntary exchange of the

18  right to use and occupy accommodations and facilities among

19  purchasers. The term does not include the assignment of the

20  right to use and occupy accommodations and facilities to

21  purchasers pursuant to a particular multisite timeshare plan's

22  reservation system. Any method, arrangement, or procedure that

23  otherwise meets this definition, wherein the purchaser's total

24  contractual financial obligation exceeds $3,000 per any

25  individual, recurring timeshare period, shall be regulated as

26  a multisite timeshare plan in accordance with part II.

27         (17)(16)  "Facility" means any amenity, including any

28  structure, furnishing, fixture, equipment, service,

29  improvement, or real or personal property, improved or

30  unimproved, other than an the accommodation of the timeshare

31  plan, which is made available to the purchasers of a timeshare

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 1  plan. The term does not include an incidental benefit as

 2  defined in this section.

 3         (18)  "Filed public offering statement" means a public

 4  offering statement that has been filed with the division

 5  pursuant to s. 721.07(5) or s. 721.55.

 6         (19)(17)  "Incidental benefit" means an accommodation,

 7  product, service, discount, or other benefit which is offered

 8  to a prospective purchaser of a timeshare plan or to a

 9  purchaser of a timeshare plan prior to the expiration of his

10  or her initial 10-day voidability period pursuant to s.

11  721.10; which is not an exchange program as defined in

12  subsection (16) (15); and which complies with the provisions

13  of s. 721.075. The term shall not include an offer of the use

14  of the accommodations and facilities of the timeshare plan on

15  a free or discounted one-time basis.

16         (20)(18)  "Independent," for purposes of determining

17  eligibility of escrow agents and trustees pursuant to s.

18  721.03(7), means that:

19         (a)  The escrow agent or trustee is not a relative, as

20  described in s. 112.3135(1)(d), or an employee of the

21  developer, seller, or managing entity, or of any officer,

22  director, affiliate, or subsidiary thereof.

23         (b)  There is no financial relationship, other than the

24  payment of fiduciary fees or as otherwise provided in this

25  subsection, between the escrow agent or trustee and the

26  developer, seller, or managing entity, or any officer,

27  director, affiliate, or subsidiary thereof.

28         (c)  Compensation paid by the developer to an escrow

29  agent or trustee for services rendered shall not be paid from

30  funds in the escrow or trust account unless and until the

31  developer is otherwise entitled to receive the disbursement of

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 1  such funds from the escrow or trust account pursuant to this

 2  chapter.

 3         (d)  A person shall not be disqualified to serve as an

 4  escrow agent or a trustee solely because of the following:

 5         1.  A nonemployee, attorney-client relationship exists

 6  between the developer and the escrow agent or trustee;

 7         2.  The escrow agent or trustee provides brokerage

 8  services as defined by chapter 475 for the developer;

 9         3.  The escrow agent or trustee provides the developer

10  with routine banking services which do not include

11  construction or receivables financing or any other lending

12  activities; or

13         4.  The escrow agent or trustee performs closings for

14  the developer or seller or issues owner's or lender's title

15  insurance commitments or policies in connection with such

16  closings.

17         (21)(19)  "Interestholder" means a developer, an owner

18  of the underlying fee or owner of the underlying personal

19  property, a mortgagee, judgment creditor, or other lienor, or

20  any other person having an interest in or lien or encumbrance

21  against the accommodations or facilities of the timeshare

22  plan.

23         (22)(20)  "Managing entity" means the person who

24  operates or maintains the timeshare plan pursuant to s.

25  721.13(1).

26         (23)(21)  "Memorandum of agreement" means a written

27  document, in a recordable form sufficient to permit the

28  document to be recorded or otherwise filed in the appropriate

29  public records and to provide constructive notice of its

30  contents under applicable law, which includes the names of the

31  seller and the purchasers, a legal description of the

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 1  timeshare property, or other sufficient description for a

 2  personal property timeshare plan, and all timeshare interests

 3  to be included in such document, and a description of the type

 4  of timeshare interest license sold by the seller.

 5         (24)(22)  "Offer to sell," "offer for sale," "offered

 6  for sale," or "offer" means the solicitation, advertisement,

 7  or inducement, or any other method or attempt, to encourage

 8  any person to acquire the opportunity to participate in a

 9  timeshare plan.

10         (25)(23)  "One-to-one purchaser to accommodation ratio"

11  means the ratio of the number of purchasers eligible to use

12  the accommodations of a timeshare plan on a given day to the

13  number of accommodations available for use within the plan on

14  that day, such that the total number of purchasers eligible to

15  use the accommodations of the timeshare plan during a given

16  calendar year never exceeds the total number of accommodations

17  available for use in the timeshare plan during that year. For

18  purposes of calculation under this subsection, each purchaser

19  must be counted at least once, and no individual timeshare

20  unit may be counted more than 365 times per calendar year (or

21  more than 366 times per leap year). A purchaser who is

22  delinquent in the payment of timeshare plan assessments shall

23  continue to be considered eligible to use the accommodations

24  of the timeshare plan for purposes of this subsection

25  notwithstanding any application of s. 721.13(6).

26         (26)(24)  "Owner of the underlying fee" or "owner of

27  the underlying personal property" means any person having an

28  interest in the real property or personal property comprising

29  or underlying the accommodations or facilities of a the

30  timeshare plan at or subsequent to the time of creation of the

31  timeshare plan.

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 1         (27)(25)  "Owners' association" means an the

 2  association made up of all owners of timeshare interests in a

 3  timeshare plan, including developers and purchasers of such a

 4  timeshare plan who have purchased timeshare estates.

 5         (28)  "Personal property timeshare interest" means a

 6  right to occupy an accommodation located on or in or comprised

 7  of personal property that is not permanently affixed to real

 8  property, whether or not coupled with a beneficial or

 9  ownership interest in the accommodations or personal property.

10         (29)(26)  "Public offering statement" means the written

11  materials describing a single-site timeshare plan or a

12  multisite timeshare plan, including a text and any exhibits

13  attached thereto as required by ss. 721.07, 721.55, and

14  721.551. The term "public offering statement" shall refer to

15  both a filed registered public offering statement and a

16  purchaser public offering statement.

17         (30)(27)  "Purchaser" means any person, other than a

18  developer, who by means of a voluntary transfer acquires a

19  legal or equitable interest in a timeshare plan other than as

20  security for an obligation.

21         (31)(28)  "Purchaser public offering statement" means

22  that portion of the filed registered public offering statement

23  which must be delivered to purchasers pursuant to s. 721.07(6)

24  or s. 721.551.

25         (29)  "Registered public offering statement" means a

26  public offering statement which has been filed with the

27  division pursuant to s. 721.07(5) or s. 721.55.

28         (32)(30)  "Regulated short-term product" means a

29  contractual right, offered by the seller, to use

30  accommodations of a timeshare plan or other accommodations,

31  provided that:

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 1         (a)  The agreement to purchase the short-term right to

 2  use is executed in this state on the same day that the

 3  prospective purchaser receives an offer to acquire an interest

 4  in a timeshare plan and does not execute a purchase contract,

 5  after attending a sales presentation; and

 6         (b)  The acquisition of the right to use includes an

 7  agreement that all or a portion of the consideration paid by

 8  the prospective purchaser for the right to use will be applied

 9  to or credited against the price of a future purchase of a

10  timeshare interest, or that the cost of a future purchase of a

11  timeshare interest will be fixed or locked in at a specified

12  price.

13         (33)(31)  "Seller" means any developer or any other

14  person, or any agent or employee thereof, who offers timeshare

15  interests in the ordinary course of business. The term

16  "seller" does not include:

17         (a)  An owner of a timeshare interest who has acquired

18  the timeshare interest for his or her own use and occupancy

19  and who later offers it for resale; provided that a rebuttable

20  presumption shall exist that an owner who has acquired more

21  than seven timeshare interests did not acquire them for his or

22  her own use and occupancy;

23         (b)  A managing entity, not otherwise a seller, that

24  offers, or engages a third party to offer on its behalf,

25  timeshare interests in a timeshare plan which it manages,

26  provided that such offer complies with the provisions of s.

27  721.065;

28         (c)  A person who owns or is conveyed, assigned, or

29  transferred more than seven timeshare interests and who

30  subsequently conveys, assigns, or transfers all acquired

31  

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 1  timeshare interests to a single purchaser in a single

 2  transaction, which transaction may occur in stages; or

 3         (d)  A person who has acquired or has the right to

 4  acquire more than seven timeshare interests from a developer

 5  or other interestholder in connection with a loan,

 6  securitization, conduit, or similar financing arrangement and

 7  who subsequently arranges for all or a portion of the

 8  timeshare interests to be offered by one or more developers in

 9  the ordinary course of business on their own behalves or on

10  behalf of such person.

11         (34)(32)  "Timeshare estate" means a right to occupy a

12  timeshare unit, coupled with a freehold estate or an estate

13  for years with a future interest in a timeshare property or a

14  specified portion thereof. The term shall also mean an

15  interest in a condominium unit pursuant to s. 718.103, an

16  interest in a cooperative unit pursuant to s. 719.103, or an

17  interest in a trust that complies in all respects with the

18  provisions of s. 721.08(2)(c)4. 3., provided that the trust

19  does not contain any personal property timeshare interests. A

20  timeshare estate is a parcel of real property under the laws

21  of this state.

22         (35)(33)  "Timeshare instrument" means one or more

23  documents, by whatever name denominated, creating or governing

24  the operation of a timeshare plan.

25         (36)(34)  "Timeshare interest" means a timeshare

26  estate, a personal property timeshare interest, or a timeshare

27  license.

28         (37)(35)  "Timeshare license" means a right to occupy a

29  timeshare unit, which right is not a personal property

30  timeshare neither coupled with a freehold interest or a

31  

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 1  timeshare, nor coupled with an estate for years with a future

 2  interest, in a timeshare property.

 3         (38)(36)  "Timeshare period" means the period or

 4  periods of time when a purchaser of a timeshare interest is

 5  afforded the opportunity to use the accommodations or

 6  facilities, or both, of a timeshare plan.

 7         (39)(37)  "Timeshare plan" means any arrangement, plan,

 8  scheme, or similar device, other than an exchange program,

 9  whether by membership, agreement, tenancy in common, sale,

10  lease, deed, rental agreement, license, or right-to-use

11  agreement or by any other means, whereby a purchaser, for

12  consideration, receives ownership rights in or a right to use

13  accommodations, and facilities, if any, for a period of time

14  less than a full year during any given year, but not

15  necessarily for consecutive years. The term "timeshare plan"

16  includes:

17         (a)  A "personal property timeshare plan," which means

18  a timeshare plan in which the accommodations are comprised of

19  personal property that is not permanently affixed to real

20  property; and

21         (b)  A "real property timeshare plan," which means a

22  timeshare plan in which the accommodations of the timeshare

23  plan are comprised of or permanently affixed to real property.

24         (40)(38)  "Timeshare property" means one or more

25  timeshare units subject to the same timeshare instrument,

26  together with any other property or rights to property

27  appurtenant to those timeshare units. Notwithstanding anything

28  to the contrary contained in chapter 718 or chapter 719, the

29  timeshare instrument for a timeshare condominium or

30  cooperative may designate personal property, contractual

31  rights, affiliation agreements of component sites of vacation

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 1  clubs, exchange companies, or reservation systems, or any

 2  other agreements or personal property, as common elements or

 3  limited common elements of the timeshare condominium or

 4  cooperative.

 5         (41)(39)  "Timeshare unit" means an accommodation of a

 6  timeshare plan which is divided into timeshare periods. Any

 7  timeshare unit in which a door or doors connecting two or more

 8  separate rooms are capable of being locked to create two or

 9  more private dwellings shall only constitute one timeshare

10  unit for purposes of this chapter, unless the timeshare

11  instrument provides that timeshare interests may be separately

12  conveyed in such locked-off portions.

13         (40)  "Vacation ownership plan" means any timeshare

14  plan consisting exclusively of timeshare estates.

15         (41)  "Vacation plan" or "vacation membership plan"

16  means any timeshare plan consisting exclusively of timeshare

17  licenses or consisting of a combination of timeshare licenses

18  and timeshare estates.

19         Section 4.  Section 721.06, Florida Statutes, is

20  amended to read:

21         721.06  Contracts for purchase of timeshare

22  interests.--

23         (1)  Each seller shall utilize and furnish each

24  purchaser a fully completed and executed copy of a contract

25  pertaining to the sale, which contract shall include the

26  following information:

27         (a)  The actual date the contract is executed by each

28  party.

29         (b)  The names and addresses of the developer and the

30  timeshare plan.

31  

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 1         (c)  The initial purchase price and any additional

 2  charges to which the purchaser may be subject in connection

 3  with the purchase of the timeshare interest, such as

 4  financing, or which will be collected from the purchaser on or

 5  before closing, such as the current year's annual assessment

 6  for common expenses.

 7         (d)1.  For real property timeshare plans, an estimate

 8  of any anticipated annual assessment stated on an Any annually

 9  recurring basis for any use charges, fees, charge and the next

10  year's estimated annual assessment for common expenses, or and

11  for ad valorem taxes or, if an estimate for next year's

12  assessment is unavailable, the current year's actual annual

13  assessment for any use charges, fees, common expenses, or and

14  for ad valorem taxes.

15         2.  For personal property timeshare plans, an estimate

16  of any anticipated annual assessment stated on an annually

17  recurring basis for any use charges, fees, common expenses, or

18  taxes or, if an estimate is unavailable, the current year's

19  actual annual assessment for any use charges, fees, common

20  expenses or taxes.

21         (e)  The estimated date of completion of construction

22  of each accommodation or facility promised to be completed

23  which is not completed at the time the contract is executed

24  and the estimated date of closing.

25         (f)  A brief description of the nature and duration of

26  the timeshare interest being sold, including whether any

27  interest in real property or personal property is being

28  conveyed and the specific number of years constituting the

29  term of the timeshare plan.

30  

31  

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 1         (g)  Immediately prior to the space reserved in the

 2  contract for the signature of the purchaser, in conspicuous

 3  type, substantially the following statements:

 4         1.  If the purchaser will receive a personal property

 5  timeshare interest:

 6         a.  This personal property timeshare plan is governed

 7  only by limited sections of the timeshare management

 8  provisions of Florida law.

 9         b.  If the accommodations or facilities are located on

10  or in a documented vessel or foreign vessel as provided in s.

11  721.08(2)(c)3.e., the disclosure required by s.

12  721.08(2)(c)3.e.IV.

13         2.  You may cancel this contract without any penalty or

14  obligation within 10 calendar days after the date you sign

15  this contract or the date on which you receive the last of all

16  documents required to be given to you pursuant to s.

17  721.07(6), Florida Statutes, whichever is later. If you decide

18  to cancel this contract, you must notify the seller in writing

19  of your intent to cancel. Your notice of cancellation shall be

20  effective upon the date sent and shall be sent to ...  (Name

21  of Seller)  ... at ...  (Address of Seller)  .... Any attempt

22  to obtain a waiver of your cancellation right is void and of

23  no effect. While you may execute all closing documents in

24  advance, the closing, as evidenced by delivery of the deed or

25  other document, before expiration of your 10-day cancellation

26  period, is prohibited.

27         (h)  If a timeshare estate is being conveyed, the

28  following statement in conspicuous type:

29  

30         For the purpose of ad valorem assessment, taxation and

31  special assessments, the managing entity will be considered

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 1  the taxpayer as your agent pursuant to section 192.037,

 2  Florida Statutes.

 3  

 4         (i)  A statement that, in the event the purchaser

 5  cancels the contract during a 10-day cancellation period, the

 6  developer will refund to the purchaser the total amount of all

 7  payments made by the purchaser under the contract, reduced by

 8  the proportion of any contract benefits the purchaser has

 9  actually received under the contract prior to the effective

10  date of the cancellation. The statement shall further provide

11  that the refund will be made within 20 days after receipt of

12  notice of cancellation or within 5 days after receipt of funds

13  from the purchaser's cleared check, whichever is later. A

14  seller and a purchaser shall agree in writing on a specific

15  value for each contract benefit received by the purchaser for

16  purposes of this paragraph. The term "contract benefit" shall

17  not include purchaser public offering statements or other

18  documentation or materials that must be furnished to a

19  purchaser pursuant to statute or rule.

20         (j)  If the timeshare interest is being sold pursuant

21  to an agreement for deed or an agreement for transfer, a

22  statement that the signing of the agreement for deed or

23  agreement for transfer does not entitle the purchaser to

24  receive the conveyance or transfer of his or her timeshare

25  estate or personal property timeshare interest a deed until

26  all payments under the agreement have been made.

27         (k)  Unless the developer is, at the time of offering

28  the plan, the owner in fee simple absolute of the

29  accommodations and facilities of the timeshare plan, free and

30  clear of all liens, and encumbrances, and claims of other

31  interestholders, a statement that the developer is not the

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 1  sole owner of the underlying fee or owner of the underlying

 2  personal property or that the such accommodations or

 3  facilities are subject to without liens or encumbrances, which

 4  statement shall include:

 5         1.  The names and addresses of all other

 6  interestholders persons or entities having an ownership

 7  interest or other interest in the accommodations or

 8  facilities; and

 9         2.  The actual interest of the developer in the

10  accommodations or facilities. As an alternative to including

11  the statement in the purchase contract, a seller may include a

12  reference in the purchase contract to the location in the

13  purchaser public offering statement text of such information.

14         (l)  If the purchaser will receive an interest in a

15  multisite timeshare plan pursuant to part II, a statement

16  shall be provided in conspicuous type in substantially the

17  following form:

18  

19         The developer is required to provide the managing

20  entity of the multisite timeshare plan with a copy of the

21  approved public offering statement text and exhibits filed

22  with the division and any approved amendments thereto, and any

23  other component site documents as described in section 721.07

24  or section 721.55, Florida Statutes, that are not required to

25  be filed with the division, to be maintained by the managing

26  entity for inspection as part of the books and records of the

27  plan.

28  

29         (m)  The following statement in conspicuous type:

30  

31  

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 1         Any resale of this timeshare interest must be

 2  accompanied by certain disclosures in accordance with section

 3  721.065, Florida Statutes.

 4  

 5         (n)  A description of any rights reserved by the

 6  developer to alter or modify the offering prior to closing.

 7         (2)(a)  An agreement for deed shall be recorded by the

 8  developer within 30 days after the day it is executed by the

 9  purchaser. The developer shall pay all recording costs

10  associated therewith. A form copy of such instrument must be

11  filed with the division for review pursuant to s. 721.07.

12         (b)  An agreement for transfer shall be filed with the

13  appropriate official responsible for maintaining such records

14  in the appropriate jurisdiction within 30 days after the day

15  it is executed by the purchaser. The developer shall pay all

16  filing costs associated therewith. A form copy of such

17  instrument must be filed with the division for review pursuant

18  to s. 721.07.

19         (3)  The escrow agent shall provide the developer with

20  a receipt for all purchaser funds or other property received

21  by the escrow agent from a seller.

22         Section 5.  Paragraph (b) of subsection (2) of section

23  721.065, Florida Statutes, is amended to read:

24         721.065  Resale purchase agreements.--

25         (2)  Any resale purchase agreement utilized by a person

26  described in subsection (1) must contain all of the following:

27         (b)  One of the following statements in conspicuous

28  type located immediately prior to the disclosure required by

29  paragraph (c):

30         1.  If the resale purchase agreement pertains to a real

31  property timeshare plan:

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 1  

 2  The current year's assessment for common expenses allocable to

 3  the timeshare interest you are purchasing is $_____. This

 4  assessment, which may be increased from time to time by the

 5  managing entity of the timeshare plan, is payable in full each

 6  year on or before __________. This assessment (includes/does

 7  not include) yearly ad valorem real estate taxes, which

 8  (are/are not) billed and collected separately. (If ad valorem

 9  real property taxes are not included in the current year's

10  assessment for common expenses, the following statement must

11  be included: The most recent annual assessment for ad valorem

12  real estate taxes for the timeshare interest you are

13  purchasing is $_____.) (If there are any delinquent

14  assessments for common expenses or ad valorem taxes

15  outstanding with respect to the timeshare interest in

16  question, the following statement must be included: A

17  delinquency in the amount of $_____ for unpaid common expenses

18  or ad valorem taxes currently exists with respect to the

19  timeshare interest you are purchasing, together with a per

20  diem charge of $_____ for interest and late charges.) For the

21  purpose of ad valorem assessment, taxation, and special

22  assessments, the managing entity will be considered the

23  taxpayer as your agent pursuant to section 192.037, Florida

24  Statutes. Each owner is personally liable for the payment of

25  her or his assessments for common expenses, and failure to

26  timely pay these assessments may result in restriction or loss

27  of your use and/or ownership rights.

28  

29  There are many important documents relating to the timeshare

30  plan which you should review prior to purchasing a timeshare

31  interest, including the declaration of condominium or

                                  25

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 1  covenants and restrictions; the owners' association articles

 2  and bylaws; the current year's operating and reserve budgets;

 3  and any rules and regulations affecting the use of timeshare

 4  plan accommodations and facilities.

 5         2.  If the resale purchase agreement pertains to a

 6  personal property timeshare plan:

 7  

 8  The current year's assessment for any common expenses, use

 9  charges, fees, or taxes allocable to the timeshare interest

10  you are purchasing is $_____. This assessment, which may be

11  increased from time to time by the managing entity of the

12  timeshare plan, is payable in full each year on or before

13  __________. (If there are any delinquent assessments for

14  common expenses, use charges, fees, or taxes outstanding with

15  respect to the timeshare interest in question, the following

16  statement must be included: A delinquency in the amount of

17  $_____ for unpaid common expenses, use charges, fees, or taxes

18  currently exists with respect to the timeshare interest you

19  are purchasing, together with a per diem charge of $_____ for

20  interest and late charges.) Each owner is personally liable

21  for the payment of her or his assessments for common expenses,

22  and failure to timely pay these assessments may result in

23  restriction or loss of your use and/or ownership rights.

24  

25  There are many important documents relating to the timeshare

26  plan which you should review prior to purchasing a timeshare

27  interest, including any owners association articles and

28  bylaws; the current year's operating and reserve budgets; and

29  any rules and regulations affecting the use of timeshare plan

30  accommodations and facilities.

31  

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 1         Section 6.  Section 721.07, Florida Statutes, is

 2  amended to read:

 3         721.07  Public offering statement.--Prior to offering

 4  any timeshare plan, the developer must submit a filed

 5  registered public offering statement to the division for

 6  approval as prescribed by s. 721.03, s. 721.55, or this

 7  section. Until the division approves such filing, any contract

 8  regarding the sale of that timeshare plan is subject to

 9  cancellation voidable by the purchaser pursuant to s. 721.10.

10         (1)  The division shall, upon receiving a filed

11  registered public offering statement from a developer, mail to

12  the developer an acknowledgment of receipt. The failure of the

13  division to send such acknowledgment will not, however,

14  relieve the developer from the duty of complying with this

15  section.

16         (2)(a)  Within 45 days after receipt of a filed

17  registered public offering statement which is subject only to

18  this part and is submitted in proper form as prescribed by

19  rule, or within 120 days after receipt of a filed registered

20  public offering statement which is subject to part II and is

21  submitted in proper form as prescribed by rule, the division

22  shall determine whether the proposed filed registered public

23  offering statement is adequate to meet the requirements of

24  this section and shall notify the developer by mail that the

25  division has either approved the statement or found specified

26  deficiencies in the statement. If the division fails to

27  approve the statement or specify deficiencies in the statement

28  within the period specified in this paragraph, the filing will

29  be deemed approved.

30         (b)  If the developer fails to respond to any cited

31  deficiencies within 20 days after receipt of the division's

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 1  deficiency notice, the division may reject the filing.

 2  Subsequent to such rejection, a new filing fee pursuant to

 3  subsection (4) and a new division initial review period

 4  pursuant to paragraph (a) shall apply to any refiling or

 5  further review of the rejected filing.

 6         (c)  Within 20 days after receipt of the developer's

 7  timely and complete response to any deficiency notice, the

 8  division shall notify the developer by mail that the division

 9  has either approved the filing, found additional specified

10  deficiencies in it, or determined that any previously

11  specified deficiency has not been corrected. If the division

12  fails to approve or specify additional deficiencies within 20

13  days after receipt of the developer's timely and complete

14  response, the filing will be deemed approved.

15         (d)  A developer shall have the authority to deliver to

16  purchasers any purchaser public offering statement that is not

17  yet approved by the division, provided that the following

18  shall apply:

19         1.  At the time the developer delivers an unapproved

20  purchaser public offering statement to a purchaser pursuant to

21  this paragraph, the developer shall deliver a fully completed

22  and executed copy of the purchase contract required by s.

23  721.06 that contains the following statement in conspicuous

24  type in substantially the following form which shall replace

25  the statements required by s. 721.06(1)(g):

26  

27  The developer is delivering to you a public offering statement

28  that has been filed with but not yet approved by the Division

29  of Florida Land Sales, Condominiums, and Mobile Homes. Any

30  revisions to the unapproved public offering statement you have

31  received must be delivered to you, but only if the revisions

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 1  materially alter or modify the offering in a manner adverse to

 2  you. After the division approves the public offering

 3  statement, you will receive notice of the approval from the

 4  developer and the required revisions, if any.

 5  

 6  Your statutory right to cancel this transaction without any

 7  penalty or obligation expires 10 calendar days after the date

 8  you signed your purchase contract or the date on which you

 9  receive the last of all documents required to be given to you

10  pursuant to section 721.07(6), Florida Statutes, or 10

11  calendar days after you receive revisions required to be

12  delivered to you, if any, whichever is later. If you decide to

13  cancel this contract, you must notify the seller in writing of

14  your intent to cancel. Your notice of cancellation shall be

15  effective upon the date sent and shall be sent to (Name of

16  Seller) at (Address of Seller). Any attempt to obtain a waiver

17  of your cancellation right is void and of no effect. While you

18  may execute all closing documents in advance, the closing, as

19  evidenced by delivery of the deed or other document, before

20  expiration of your 10-day cancellation period, is prohibited.

21  

22  2.  After receipt of approval from the division and prior to

23  closing, if any revisions made to the documents contained in

24  the purchaser public offering statement materially alter or

25  modify the offering in a manner adverse to a purchaser, the

26  developer shall send the purchaser such revisions together

27  with a notice containing a statement in conspicuous type in

28  substantially the following form:

29  

30  The unapproved public offering statement previously delivered

31  to you, together with the enclosed revisions, has been

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 1  approved by the Division of Florida Land Sales, Condominiums,

 2  and Mobile Homes. Accordingly, your cancellation right expires

 3  10 calendar days after you sign your purchase contract or 10

 4  calendar days after you receive these revisions, whichever is

 5  later. If you have any questions regarding your cancellation

 6  rights, you may contact the division at [insert division's

 7  current address].

 8         3.  After receipt of approval from the division and

 9  prior to closing, if no revisions have been made to the

10  documents contained in the unapproved purchaser public

11  offering statement, or if such revisions do not materially

12  alter or modify the offering in a manner adverse to a

13  purchaser, the developer shall send the purchaser a notice

14  containing a statement in conspicuous type in substantially

15  the following form:

16  

17  The unapproved public offering statement previously delivered

18  to you has been approved by the Division of Florida Land

19  Sales, Condominiums, and Mobile Homes. Revisions made to the

20  unapproved public offering statement, if any, are either not

21  required to be delivered to you or are not deemed by the

22  developer, in its opinion, to materially alter or modify the

23  offering in a manner that is adverse to you. Accordingly, your

24  cancellation right expired 10 days after you signed your

25  purchase contract. A complete copy of the approved public

26  offering statement is available through the managing entity

27  for inspection as part of the books and records of the plan.

28  If you have any questions regarding your cancellation rights,

29  you may contact the division at [insert division's current

30  address].

31  

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 1         (3)(a)1.  Any change to an approved public offering

 2  statement filing shall be filed with the division for approval

 3  as an amendment prior to becoming effective. The division

 4  shall have 20 days after receipt of a proposed amendment to

 5  approve or cite deficiencies in the proposed amendment. If the

 6  division fails to act within 20 days, the amendment will be

 7  deemed approved. If the proposed amendment adds a new

 8  component site to an approved multisite timeshare plan, the

 9  division's initial period in which to approve or cite

10  deficiencies is 45 days. If the developer fails to adequately

11  respond to any deficiency notice within 30 days, the division

12  may reject the amendment. Subsequent to such rejection, a new

13  filing fee pursuant to subsection (4) and a new division

14  initial review period pursuant to this paragraph shall apply

15  to any refiling or further review of the rejected amendment.

16         2.  For filings only subject to this part, each

17  approved amendment to the approved purchaser public offering

18  statement, other than an amendment made only for the purpose

19  of the addition of a phase or phases to the timeshare plan in

20  the manner described in the timeshare instrument or any

21  amendment that does not materially alter or modify the

22  offering in a manner that is adverse to a purchaser, shall be

23  delivered to a purchaser no later than 10 days prior to

24  closing. For filings made under part II, each approved

25  amendment to the multisite timeshare plan purchaser public

26  offering statement, other than an amendment made only for the

27  purpose of the addition, substitution, or deletion of a

28  component site pursuant to part II or the addition of a phase

29  or phases to a component site of a multisite timeshare plan in

30  the manner described in the timeshare instrument or any

31  amendment that does not materially alter or modify the

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 1  offering in a manner that is adverse to a purchaser, shall be

 2  delivered to a purchaser no later than 10 days prior to

 3  closing.

 4         3.  Amendments made to a timeshare instrument for a

 5  component site located in this state are not required to be

 6  delivered to purchasers who do not receive a timeshare estate

 7  or an interest in a specific multisite timeshare plan license

 8  in that component site. Amendments made to a timeshare

 9  instrument for a component site not located in this state are

10  not required to be delivered to purchasers.

11         (b)  At the time that any amendments required to be

12  delivered to purchasers, as provided in paragraph (a), are

13  delivered to purchasers, the developer shall provide to those

14  purchasers who have not closed a written statement that the

15  purchaser or lessee will have a 10-day voidability period.

16         (4)(a)  Upon the filing of a filed registered public

17  offering statement, the developer shall pay a filing fee of $2

18  for each 7 days of annual use availability in each timeshare

19  unit that may be offered as a part of the proposed timeshare

20  plan pursuant to the filing.

21         (b)  Upon the filing of an amendment to an approved

22  filed registered public offering statement, other than an

23  amendment adding a phase to the timeshare plan, the developer

24  shall pay a filing fee of $100.

25         (5)  Every filed registered public offering statement

26  for a timeshare plan which is not a multisite timeshare plan

27  shall contain the information required by this subsection. The

28  division is authorized to provide by rule the method by which

29  a developer must provide such information to the division.

30         (a)  A cover page stating only:

31         1.  The name of the timeshare plan; and

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 1         2.  The following statement, in conspicuous type: This

 2  public offering statement contains important matters to be

 3  considered in acquiring a timeshare interest. The statements

 4  contained in this public offering statement are only summary

 5  in nature. A prospective purchaser should refer to all

 6  references, accompanying exhibits, contract documents, and

 7  sales materials. You should not rely upon oral representations

 8  as being correct. Refer to this document and accompanying

 9  exhibits for correct representations. The seller is prohibited

10  from making any representations other than those contained in

11  the contract and this public offering statement.

12         (b)  A listing of all statements required to be in

13  conspicuous type in the public offering statement and in all

14  exhibits thereto.

15         (c)  A separate index of the contents and exhibits of

16  the public offering statement.

17         (d)  A text which shall include, where applicable, the

18  disclosures set forth in paragraphs (e)-(hh).

19         (e)  A description of the timeshare plan, including,

20  but not limited to:

21         1.  Its name and location.

22         2.  An explanation of the form of timeshare ownership

23  that is being offered, including a statement as to whether any

24  interest in the underlying real property will be conveyed to

25  the purchaser. If the plan is being created or being sold on a

26  leasehold, a description of the material terms of the lease

27  shall be included. If the plan is a plan in which timeshare

28  estates or personal property timeshare interests are sold as

29  interests in a trust pursuant to the requirements of this

30  chapter, a full and accurate description of the trust

31  arrangement and the trustee's duties shall be included. If the

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 1  plan is a personal property timeshare plan, a description of

 2  the material terms of the arrangement for the ownership or use

 3  of the personal property shall be included.

 4         3.  An explanation of the manner in which the

 5  apportionment of common expenses and ownership of the common

 6  elements has been determined.

 7         4.  If ownership or use of the timeshare plan is based

 8  on a point system, a statement indicating the circumstances by

 9  which the point values may change, the extent of such changes,

10  and the person or entity responsible for the changes.

11         5.  If any of the accommodations or facilities are part

12  of a personal property timeshare plan in which the

13  accommodations or facilities are located on or in a documented

14  vessel or foreign vessel as provided in s. 721.08(2)(c)3.e.,

15  the disclosure required by s. 721.08(2)(c)3.e.IV.

16         (f)  A description of the accommodations, including,

17  but not limited to:

18         1.  The number of timeshare units in each building, the

19  total number of timeshare periods declared as part of the

20  timeshare plan and filed with the division, and the number of

21  bathrooms and bedrooms in each type of timeshare unit.

22         2.  The latest date estimated for completion of

23  constructing, finishing, and equipping the timeshare units

24  declared as part of the timeshare plan and filed with the

25  division.

26         3.  The estimated maximum number of units and timeshare

27  periods that will use the accommodations and facilities. If

28  the maximum number of timeshare units or timeshare periods

29  will vary, a description of the basis for variation.

30         4.  The duration, in years, of the timeshare plan.

31  

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 1         5.  If any of the accommodations are part of a personal

 2  property timeshare plan, the name, vehicle registration

 3  number, title certificate number, or any other identifying

 4  registration number assigned to the accommodation of a

 5  personal property timeshare plan by a state, federal, or

 6  international governmental agency.

 7         6.  If any of the accommodations are part of a personal

 8  property timeshare plan, the fire detection system and fire

 9  safety equipment and description of method of compliance with

10  any applicable firesafety or fire detection regulations.

11         (g)  A description of any the facilities that will be

12  used by purchasers of the plan, including, but not limited to:

13         1.  The intended purpose, if not apparent from the

14  description.

15         2.  The estimated date when each facility will be

16  available for use by the purchaser.

17         3.  A statement as to whether the facilities will be

18  used exclusively by purchasers of the timeshare plan, and, if

19  not, a statement as to whether the purchasers of the timeshare

20  plan are required to pay any portion of the maintenance and

21  expenses of such facilities.

22         (h)1.  If any facilities offered by the developer for

23  use by purchasers are to be leased or have club memberships

24  associated with them, other than participation in a vacation

25  club, one of the following statements in conspicuous type:

26  There is a lease associated with one or more facilities of the

27  timeshare plan; or, There is a club membership associated with

28  one or more facilities of the timeshare plan.

29         2.  If it is mandatory that purchasers pay fees, rent,

30  dues, or other charges under a facilities lease or club

31  membership for the use of the facilities, other than

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 1  participation in a vacation club, the applicable statement in

 2  conspicuous type in substantially the following form:

 3         a.  Membership in a facilities club is mandatory for

 4  purchasers;

 5         b.  Purchasers or the owners' association(s) are

 6  required, as a condition of ownership, to be lessees under the

 7  facilities lease;

 8         c.  Purchasers or the owners' association(s) are

 9  required to pay their share of the rent or costs and expenses

10  of maintenance, management, upkeep, and replacement under the

11  facilities lease (or the other instruments providing the

12  facilities); or

13         d.  A similar statement of the nature of the

14  organization or the manner in which the use rights are

15  created, and that purchasers are required to pay.

16  

17  Immediately following the applicable statement, a description

18  of the lease or other instrument shall be stated, including a

19  description of terms of the payment of rent or costs and

20  expenses of maintenance, management, upkeep, and replacement

21  of the facilities.

22         3.  If the purchasers are required to pay a use fee, or

23  other payment for the use of the facilities, not including the

24  rent or maintenance, management, upkeep, or replacement costs

25  and expenses, the following statement in conspicuous type: The

26  purchasers or the owners' association(s) must pay use fees for

27  one or more facilities. Immediately following this statement,

28  a description of the use fees shall be included.

29         4.  If any person other than the owners' association

30  has the right to a lien on the timeshare interests to secure

31  the payment of assessments, rent, or other exactions, a

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 1  statement in conspicuous type in substantially the following

 2  form:

 3         a.  There is a lien or lien right against each

 4  timeshare interest to secure the payment of rent and other

 5  exactions under the facilities lease. A purchaser's failure to

 6  make these payments may result in foreclosure of the lien; or

 7         b.  There is a lien or lien right against each

 8  timeshare interest to secure the payment of assessments or

 9  other exactions coming due for the use, maintenance, upkeep,

10  or repair of one or more facilities. A purchaser's failure to

11  make these payments may result in foreclosure of the lien.

12  

13  Immediately following the applicable statement, a description

14  of the lien right shall be included.

15         (i)  If the developer or any other person has the right

16  to increase or add to the facilities at any time after the

17  establishment of the timeshare plan, without the consent of

18  the purchasers or owners' association being required, a

19  statement in conspicuous type in substantially the following

20  form: Facilities may be expanded or added without consent of

21  the purchasers or the owners' association(s). Immediately

22  following this statement, a description of such reserved

23  rights shall be included.

24         (j)1.  For a real property timeshare plan, an

25  explanation of the status of the title to the real property

26  underlying the timeshare plan, including a statement of the

27  existence of any lien, defect, judgment, mortgage, or other

28  encumbrance affecting the title to the property, and how such

29  lien, defect, judgment, mortgage, or other encumbrance will be

30  removed or satisfied prior to closing.

31  

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 1         2.  For a personal property timeshare plan, an

 2  explanation of the status of title to the personal property

 3  underlying the timeshare plan, including a statement of the

 4  existence of any lien, defect, judgment, or other encumbrance

 5  affecting the title to the personal property, and how such

 6  lien, defect, judgment, or other encumbrance will be removed

 7  or satisfied prior to closing.

 8         (k)  A description of any judgment against the

 9  developer, the managing entity, owner of the underlying fee,

10  or owner of the underlying personal property fee, which

11  judgment is material to the timeshare plan; the status of any

12  pending suit to which the developer, the managing entity,

13  owner of the underlying fee, or owner of the underlying

14  personal property fee is a party, which suit is material to

15  the timeshare plan; and any other suit which is material to

16  the timeshare plan of which the developer, managing entity,

17  owner of the underlying fee, or owner of the underlying

18  personal property fee has actual knowledge. If no judgments or

19  pending suits exist, there shall be a statement of such fact.

20         (l)  A description of all unusual and material

21  circumstances, features, and characteristics of the real

22  property or personal property underlying or comprising the

23  timeshare plan.

24         (m)  A description of any financing to be offered to

25  purchasers by the developer or any person or entity in which

26  the developer has a financial interest, together with a

27  disclosure that the description of such financing may be

28  changed by the developer and that any change in the financing

29  offered to prospective purchasers will not be deemed to be a

30  material change.

31  

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 1         (n)  A detailed explanation of any financial

 2  arrangements which have been provided for completion of all

 3  promised improvements.

 4         (o)  The name and address of the managing entity; a

 5  statement whether the seller may change the managing entity or

 6  its control and, if so, the manner by which the seller may

 7  change the managing entity; a statement of the arrangements

 8  for management, maintenance, and operation of the

 9  accommodations and facilities and of other property that will

10  serve the purchasers; and a description of the management

11  arrangement and any contracts for these purposes having a term

12  in excess of 1 year, including the names of the contracting

13  parties, the term of the contract, the nature of the services

14  included, and the compensation, stated for a month and for a

15  year, and provisions for increases in the compensation. In the

16  case of a personal property timeshare plan in which the

17  accommodations or facilities are located on or in a documented

18  vessel or foreign vessel as provided in s. 721.08(2)(c)3.e., a

19  statement shall be included that describes the trustee's or

20  owners' association's access to the certificates of

21  classification and indicates that the certificate of

22  classification will be made available to purchasers on

23  request.

24         (p)  If any person other than the purchasers has the

25  right to retain control of the board of administration of the

26  owners' association, if any, for a period of time which may

27  exceed 1 year after the closing of the sale of a majority of

28  the timeshare interests in that timeshare plan to persons

29  other than successors or concurrent developers and the plan is

30  one in which all purchasers automatically become members of

31  the owners' association, a statement in conspicuous type in

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 1  substantially the following form: The developer (or other

 2  person) has the right to retain control of the owners'

 3  association after a majority of the timeshare interests have

 4  been sold. Immediately following this statement, a description

 5  of the applicable transfer of control provisions of the

 6  timeshare plan shall be included.

 7         (q)1.  If there are any restrictions upon the sale,

 8  transfer, conveyance, or leasing of a timeshare interest, a

 9  statement in conspicuous type in substantially the following

10  form: The sale, lease, or transfer of timeshare interests is

11  restricted or controlled. Immediately following this

12  statement, a description of the nature of the restriction,

13  limitation, or control on the sale, lease, or transfer of

14  timeshare interests shall be included.

15         2.  The following statement in conspicuous type in

16  substantially the following form: The purchase of a timeshare

17  interest should be based upon its value as a vacation

18  experience or for spending leisure time, and not considered

19  for purposes of acquiring an appreciating investment or with

20  an expectation that the timeshare interest may be resold.

21         (r)  If the timeshare plan is part of a phase project,

22  a statement to that effect and a complete description of the

23  phasing. Notwithstanding any provisions of s. 718.110 or s.

24  719.1055, a developer may develop a timeshare condominium or a

25  timeshare cooperative in phases if the original declaration of

26  condominium or cooperative documents submitting the initial

27  phase to condominium ownership or cooperative ownership or an

28  amendment to the declaration of condominium or cooperative

29  documents which has been approved by all of the unit owners

30  and unit mortgagees provides for phasing. Notwithstanding any

31  provisions of s. 718.403 or s. 719.403 to the contrary, the

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 1  original declaration of condominium or cooperative documents,

 2  or an amendment to the declaration of condominium or

 3  cooperative documents adopted pursuant to this subsection,

 4  need only generally describe the developer's phasing plan and

 5  the land which may become part of the condominium or

 6  cooperative, and, in conjunction therewith, the developer may

 7  also reserve all rights to vary his or her phasing plan as to

 8  phase boundaries, plot plans and floor plans, timeshare unit

 9  types, timeshare unit sizes and timeshare unit type mixes,

10  numbers of timeshare units, and facilities with respect to

11  each subsequent phase. There shall be no time limit during

12  which a developer of a timeshare condominium or timeshare

13  cooperative must complete his or her phasing plan, and the

14  developer shall not be required to notify owners of existing

15  timeshare estates of his or her decision not to add one or

16  more proposed phases.

17         (s)  A description of the material restrictions, if

18  any, to be imposed on timeshare interests concerning the use

19  of any of the accommodations or facilities, including

20  statements as to whether there are restrictions upon children

21  and pets or a reference to a copy of the documents containing

22  the restrictions which shall be attached as an exhibit. If

23  there are no restrictions, there shall be a statement of such

24  fact.

25         (t)  If there is any land or personal property that is

26  offered by the developer for use by the purchasers and which

27  is neither owned by them nor leased to them, the owners'

28  association, or any entity controlled by the purchasers, a

29  statement describing the land or personal property, how it

30  will serve the timeshare plan, and the nature and term of

31  service.

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 1         (u)  An estimated operating budget for the timeshare

 2  plan and a schedule of the purchaser's expenses shall be

 3  attached as an exhibit and shall contain the following

 4  information:

 5         1.  The estimated annual expenses of the timeshare plan

 6  collectible from purchasers by assessments. The estimated

 7  payments by the purchaser for assessments shall also be stated

 8  in the estimated amounts for the times when they will be due.

 9  Expenses shall also be shown for the shortest timeshare period

10  offered for sale by the developer. If the timeshare plan

11  provides for the offer and sale of units to be used on a

12  nontimeshare basis, the estimated monthly and annual expenses

13  of such units shall be set forth in a separate schedule.

14         2.  The estimated weekly, monthly, and annual expenses

15  of the purchaser of each timeshare interest, other than

16  assessments payable to the managing entity. Expenses which are

17  personal to purchasers that are not uniformly incurred by all

18  purchasers or that are not provided for or contemplated by the

19  timeshare plan documents may be excluded from this estimate.

20         3.  The estimated items of expenses of the timeshare

21  plan and the managing entity, except as excluded under

22  subparagraph 2., including, but not limited to, if applicable,

23  the following items, which shall be stated either as

24  management expenses collectible by assessments or as expenses

25  of the purchaser payable to persons other than the managing

26  entity:

27         a.  Expenses for the managing entity:

28         (I)  Administration of the managing entity.

29         (II)  Management fees.

30         (III)  Maintenance.

31         (IV)  Rent for facilities.

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 1         (V)  Taxes upon timeshare property.

 2         (VI)  Taxes upon leased areas.

 3         (VII)  Insurance.

 4         (VIII)  Security provisions.

 5         (IX)  Other expenses.

 6         (X)  Operating capital.

 7         (XI)  Reserves for deferred maintenance and reserves

 8  for capital expenditures.

 9         (A) All reserves for any accommodations and facilities

10  of real property timeshare plans located in this state shall

11  be calculated by a formula which is based upon estimated life

12  and replacement cost of each reserve item. Reserves for

13  deferred maintenance for such accommodations and facilities

14  shall include accounts for roof replacement, building

15  painting, pavement resurfacing, replacement of timeshare unit

16  furnishings and equipment, and any other component, the useful

17  life of which is less than the useful life of the overall

18  structure. For any accommodations and facilities of real

19  property timeshare plans located outside of this state, the

20  developer shall disclose the amount of reserves for deferred

21  maintenance or capital expenditures required by the law of the

22  situs state, if applicable, and maintained for such

23  accommodations and facilities.

24         (B)  Reserves for deferred maintenance or capital

25  expenditures of accommodations and facilities of a personal

26  property timeshare plan, if any. If such reserves are

27  maintained, the estimated operating budget shall disclose the

28  methodology of how the reserves are calculated. If a personal

29  property timeshare plan does not require reserves, the

30  following statement, in conspicuous type, shall appear in both

31  the budget and the public offering statement:

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 1  

 2  The estimated operating budget for this personal property

 3  timeshare plan does not include reserves for deferred

 4  maintenance or capital expenditures; each timeshare interest

 5  may be subject to substantial special assessments from time to

 6  time because no such reserves exist.

 7  

 8         (XII)  Fees payable to the division.

 9         b.  Expenses for a purchaser:

10         (I)  Rent for the timeshare unit, if subject to a

11  lease.

12         (II)  Rent payable by the purchaser directly to the

13  lessor or agent under any lease for the use of facilities,

14  which use and payment is a mandatory condition of ownership

15  and is not included in the common expenses or assessments for

16  common maintenance paid by the purchasers to the managing

17  entity.

18         4.  The estimated amounts shall be stated for a period

19  of at least 12 months and may distinguish between the period

20  prior to the time that purchasers elect a majority of the

21  board of administration and the period after that date.

22         5.  If the developer intends to guarantee the level of

23  assessments, such guarantee must be based upon a good faith

24  estimate of the revenues and expenses of the timeshare plan.

25  The guarantee must include a description of the following:

26         a.  The specific time period measured in one or more

27  calendar or fiscal years during which the guarantee will be in

28  effect.

29         b.  A statement that the developer will pay all common

30  expenses incurred in excess of the total revenues of the

31  timeshare plan pursuant to s. 721.15(2) if the developer has

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 1  excused himself or herself from the payment of assessments

 2  during the guarantee period.

 3         c.  The level, expressed in total dollars, at which the

 4  developer guarantees the budget. If the developer has reserved

 5  the right to extend or increase the guarantee level pursuant

 6  to s. 721.15(2), a disclosure must be included to that effect.

 7         6.  If the developer intends to provide a trust fund to

 8  defer or reduce the payment of annual assessments, a copy of

 9  the trust instrument shall be attached as an exhibit and shall

10  include a description of such arrangement, including, but not

11  limited to:

12         a.  The specific amount of such trust funds and the

13  source of the funds.

14         b.  The name and address of the trustee.

15         c.  The investment methods permitted by the trust

16  agreement.

17         d.  A statement in conspicuous type that the funds from

18  the trust account may not cover all assessments and that there

19  is no guarantee that purchasers will not have to pay

20  assessments in the future.

21         7.  The budget of a phase timeshare plan may contain a

22  note identifying the number of timeshare interests covered by

23  the budget, indicating the number of timeshare interests, if

24  any, estimated to be declared as part of the timeshare plan

25  during that calendar year, and projecting the common expenses

26  for the timeshare plan based upon the number of timeshare

27  interests estimated to be declared as part of the timeshare

28  plan during that calendar year.

29         (v)  A schedule of estimated closing expenses to be

30  paid by a purchaser or lessee of a timeshare interest and a

31  statement as to whether a title opinion or title insurance

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 1  policy is available to the purchaser and, if so, at whose

 2  expense.

 3         (w)  The identity of the developer and the chief

 4  operating officer or principal directing the creation and sale

 5  of the timeshare plan and a statement of the experience of

 6  each in this field or, if no experience, a statement of that

 7  fact.

 8         (x)  A statement of the total financial obligation of

 9  the purchaser, including the purchase price and any additional

10  charges to which the purchaser may be subject.

11         (y)  The name of any person who will or may have the

12  right to alter, amend, or add to the charges to which the

13  purchaser may be subject and the terms and conditions under

14  which such alterations, amendments, or additions may be

15  imposed.

16         (z)  A statement of the purchaser's right of

17  cancellation of the purchase contract.

18         (aa)  A description of the insurance coverage provided

19  for the timeshare plan.

20         (bb)  A statement as to whether the timeshare plan is

21  participating in an exchange program and, if so, the name and

22  address of the exchange company offering the exchange program.

23         (cc)  The existence of rules and regulations regarding

24  any reservation features governing a purchaser's ability to

25  make reservations for a timeshare period, including, if

26  applicable, a conspicuous type disclaimer in substantially the

27  following form:

28  

29  The right to reserve a timeshare period is subject to rules

30  and regulations of the timeshare plan reservation system.

31  

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 1         (dd)  If a developer is filing a timeshare plan that

 2  includes a timeshare instrument or component site document

 3  that was in conformance with the laws and rules in existence

 4  at the time the timeshare plan was created but does not

 5  conform to existing laws and rules that govern the timeshare

 6  plan and the developer does not have the authority or power to

 7  amend or change the timeshare instrument or component site

 8  document to conform to such existing laws or rules as directed

 9  by the division, a brief explanation of current law and the

10  conflict with the timeshare instrument or component site

11  document, preceded by disclaimer in conspicuous type in

12  substantially the following form:

13  

14  Florida law has been amended and certain provisions in [insert

15  appropriate reference to timeshare instrument or component

16  site document] that were in conformance with Florida law as it

17  existed at the time the timeshare plan was created are not in

18  conformance with current Florida law. These documents may only

19  be amended by [insert appropriate reference to person or

20  entity that has the right to amend or change the timeshare

21  instrument or component site document]. The developer does not

22  warrant that such documents are in technical compliance with

23  all applicable Florida laws and regulations. All questions

24  regarding amendment of these documents should be directed to

25  [insert appropriate reference to person or entity that has the

26  right to amend or change the timeshare instrument or component

27  site document].

28  

29         (ee)  Any other information that a seller, with the

30  approval of the division, desires to include in the public

31  offering statement.

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 1         (ff)  Copies of the following documents and plans, to

 2  the extent they are applicable, shall be included as exhibits

 3  to the filed registered public offering statement provided, if

 4  the timeshare plan has not been declared or created at the

 5  time of the filing, the developer shall provide proposed

 6  documents:

 7         1.  The declaration of condominium.

 8         2.  The cooperative documents.

 9         3.  The declaration of covenants and restrictions.

10         4.  The articles of incorporation creating the owners'

11   association.

12         5.  The bylaws of the owners' association.

13         6.  Any The ground lease or other underlying lease of

14  the real property associated with on which the timeshare plan

15  is situated. In the case of a personal property timeshare

16  plan, any lease of the personal property associated with the

17  personal property timeshare plan.

18         7.  The management agreement and all maintenance and

19  other contracts regarding the management and operation of the

20  timeshare property which have terms in excess of 1 year.

21         8.  The estimated operating budget for the timeshare

22  plan and the required schedule of purchasers' expenses.

23         9.  The floor plan of each type of accommodation and

24  the plot plan showing the location of all accommodations and

25  facilities declared as part of the timeshare plan and filed

26  with the division.

27         10.  The lease for any facilities.

28         11.  A declaration of servitude of properties serving

29  the accommodations and facilities, but not owned by purchasers

30  or leased to them or the owners' association.

31  

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 1         12.  Any documents required by s. 721.03(3)(e) as the

 2  result of the inclusion of a timeshare plan in the conversion

 3  of the building to condominium or cooperative ownership.

 4         13.  The form of agreement for sale or lease of

 5  timeshare interests.

 6         14.  The executed agreement for escrow of payments made

 7  to the developer prior to closing and the form of any

 8  agreement for escrow of ad valorem tax escrow payments, if

 9  any, to be made into an ad valorem tax escrow account pursuant

10  to s. 192.037(6).

11         15.  The documents containing any restrictions on use

12  of the property required by paragraph (s).

13         16.  A letter from the escrow agent or filing attorney

14  confirming that the escrow agent and its officers, directors,

15  or other partners are independent pursuant to the requirements

16  of this chapter.

17         17.  Any nondisturbance and notice to creditors

18  instrument required by s. 721.08.

19         18.  In the case of any personal property timeshare

20  plan in which the accommodations and facilities are located on

21  or in a documented vessel or foreign vessel as provided in s.

22  721.08(2)(c)3.e., a copy of the certificate of ownership of

23  such vessel and either a copy of the certificate of

24  documentation or certificate of registry of such vessel.

25         19.  An executed affidavit given under oath by an

26  attorney licensed to practice law in any jurisdiction in the

27  United States stating that the attorney has researched the

28  applicable laws of the jurisdiction in which governing law has

29  been established and the laws of the jurisdiction in which the

30  vessel is registered and has found that the timeshare

31  

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 1  instrument complies with the provisions of s.

 2  721.08(2)(c)3.e.(II)(C) and s. 721.08(2)(c)3.e.(III).

 3         20.16.  Any other documents or instruments creating the

 4  timeshare plan.

 5         (gg)  Such other information as is necessary to fairly,

 6  meaningfully, and effectively disclose all aspects of the

 7  timeshare plan, including, but not limited to, any disclosures

 8  made necessary by the operation of s. 721.03(8). However, if a

 9  developer has, in good faith, attempted to comply with the

10  requirements of this section, and if, in fact, he or she has

11  substantially complied with the disclosure requirements of

12  this chapter, nonmaterial errors or omissions shall not be

13  actionable.

14         (hh)  Notwithstanding the provisions of this

15  subsection, the filed registered public offering statement for

16  a component site of a multisite timeshare plan filed pursuant

17  to this subsection may contain cross-references to information

18  contained in the related multisite timeshare plan filed

19  registered public offering statement filed pursuant to s.

20  721.55 in lieu of repeating such information.

21         (6)  The division is authorized to prescribe by rule

22  the form of the approved purchaser public offering statement

23  that must be furnished by the developer to each purchaser. The

24  form of the purchaser public offering statement must provide

25  fair, meaningful, and effective disclosure of all aspects of

26  the timeshare plan. For timeshare plans filed pursuant to this

27  part, the developer shall furnish each purchaser with the

28  following:

29         (a)  A copy of the purchaser public offering statement

30  text in the form approved by the division for delivery to

31  purchasers.

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 1         (b)  Copies of the exhibits required to be filed with

 2  the division pursuant to subparagraphs (5)(ff)1., 2., 4., 5.,

 3  8., and 16.

 4         (c)  A receipt for timeshare plan documents and a list

 5  describing any exhibit to the filed registered public offering

 6  statement filed with the division which is not delivered to

 7  the purchaser. The division is authorized to prescribe by rule

 8  the form of the receipt for timeshare plan documents and the

 9  description of exhibits list that must be furnished to the

10  purchaser. The description of documents list utilized by a

11  developer shall be filed with the division for review as part

12  of the filed registered public offering statement pursuant to

13  this section. The developer shall be required to provide the

14  managing entity with a copy of the approved filed registered

15  public offering statement and any approved amendments thereto

16  to be maintained by the managing entity as part of the books

17  and records of the timeshare plan pursuant to s. 721.13(3)(d).

18         (d)  Any other exhibit which the developer includes as

19  part of the purchaser public offering statement, provided that

20  the developer first files the exhibit with the division.

21         (e)  An executed copy of any document which the

22  purchaser signs.

23         (f)  Each purchaser shall receive a fully executed

24  paper copy of the purchase contract.

25         Section 7.  Paragraph (g) of subsection (1) of section

26  721.075, Florida Statutes, is amended and paragraph (e) is

27  added to subsection (2) of that section, to read:

28         721.075  Incidental benefits.--Incidental benefits

29  shall be offered only as provided in this section.

30         (1)  Accommodations, facilities, products, services,

31  discounts, or other benefits which satisfy the requirements of

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 1  this subsection shall be subject to the provisions of this

 2  section and exempt from the other provisions of this chapter

 3  which would otherwise apply to such accommodations or

 4  facilities if and only if:

 5         (g)  The incidental benefit is filed with the division

 6  for review in conjunction with the filing of a timeshare plan

 7  or in connection with a previously filed timeshare plan.

 8         (2)  Each purchaser shall execute a separate

 9  acknowledgment and disclosure statement with respect to all

10  incidental benefits, which statement shall include the

11  following information:

12         (e)  A statement indicating the source of the services,

13  points, or other products that constitute the incidental

14  benefit.

15         Section 8.  Section 721.08, Florida Statutes, is

16  amended to read:

17         721.08  Escrow accounts; nondisturbance instruments;

18  alternate security arrangements; transfer of legal title.--

19         (1)  Prior to the filing of a registered public

20  offering statement with the division, all developers shall

21  establish an escrow account with an escrow agent for the

22  purpose of protecting the funds or other property of

23  purchasers required to be escrowed by this section. An escrow

24  agent shall maintain the accounts called for in this section

25  only in such a manner as to be under the direct supervision

26  and control of the escrow agent. The escrow agent shall have a

27  fiduciary duty to each purchaser to maintain the escrow

28  accounts in accordance with good accounting practices and to

29  release the purchaser's funds or other property from escrow

30  only in accordance with this chapter. The escrow agent shall

31  retain all affidavits received pursuant to this section for a

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 1  period of 5 years. Should the escrow agent receive conflicting

 2  demands for funds or other property held in escrow, the escrow

 3  agent shall immediately notify the division of the dispute and

 4  either promptly submit the matter to arbitration or, by

 5  interpleader or otherwise, seek an adjudication of the matter

 6  by court.

 7         (2)  One hundred percent of all funds or other property

 8  which is received from or on behalf of purchasers of the

 9  timeshare plan or timeshare interest prior to the occurrence

10  of events required in this subsection shall be deposited

11  pursuant to an escrow agreement approved by the division. The

12  escrow agreement shall provide that the funds or other

13  property may be released from escrow only as follows:

14         (a)  Cancellation.--In the event a purchaser gives a

15  valid notice of cancellation pursuant to s. 721.10 or is

16  otherwise entitled to cancel the sale, the funds or other

17  property received from or on behalf of the purchaser, or the

18  proceeds thereof, shall be returned to the purchaser. Such

19  refund shall be made within 20 days after of demand therefor

20  by the purchaser or within 5 days after receipt of funds from

21  the purchaser's cleared check, whichever is later. If the

22  purchaser has received benefits under the contract prior to

23  the effective date of the cancellation, the funds or other

24  property to be returned to the purchaser may be reduced by the

25  proportion of contract benefits actually received.

26         (b)  Purchaser's default.--Following expiration of the

27  10-day cancellation period, if the purchaser defaults in the

28  performance of her or his obligations under the terms of the

29  contract to purchase or such other agreement by which a seller

30  sells the timeshare interest, the developer shall provide an

31  affidavit to the escrow agent requesting release of the

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 1  escrowed funds or other property and shall provide a copy of

 2  such affidavit to the purchaser who has defaulted. The

 3  developer' s affidavit, as required herein, shall include:

 4         1.  A statement that the purchaser has defaulted and

 5  that the developer has not defaulted;

 6         2.  A brief explanation of the nature of the default

 7  and the date of its occurrence;

 8         3.  A statement that pursuant to the terms of the

 9  contract the developer is entitled to the funds held by the

10  escrow agent; and

11         4.  A statement that the developer has not received

12  from the purchaser any written notice of a dispute between the

13  purchaser and developer or a claim by the purchaser to the

14  escrow.

15         (c)  Compliance with conditions.--

16         1.  Timeshare licenses.--If the timeshare plan is one

17  in which timeshare licenses are to be sold and no cancellation

18  or default has occurred, the escrow agent may release the

19  escrowed funds or other property to or on the order of the

20  developer upon presentation of:

21         a.  An affidavit by the developer that all of the

22  following conditions have been met:

23         (I)  Expiration of the cancellation period.

24         (II)  Completion of construction.

25         (III)  Closing.

26         (IV)  Either:

27         (A)  Execution, delivery, and recordation by each

28  interestholder of the nondisturbance and notice to creditors

29  instrument, as described in this section; or, alternatively,

30         (B)  Transfer by the developer of legal title to the

31  subject accommodations and facilities, or all use rights

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 1  therein, into to a trust satisfying the requirements of

 2  subparagraph 4. sub-subparagraph 3.b. and the execution,

 3  delivery, and recordation by each other interestholder of the

 4  nondisturbance and notice to creditors instrument, as

 5  described in this section.

 6         b.  A certified copy of each the recorded

 7  nondisturbance and notice to creditors instrument that

 8  complies with subsection (3).

 9         c.  One of the following:

10         (I)  A copy of a memorandum of agreement, as defined in

11  s. 721.05(21), together with satisfactory evidence that the

12  original memorandum of agreement has been irretrievably

13  delivered for recording to the appropriate official

14  responsible for maintaining the public records in the county

15  in which the subject accommodations and facilities are

16  located. The original memorandum of agreement must be recorded

17  within 180 days after the date on which the purchaser executed

18  her or his purchase agreement.

19         (II)  A notice delivered for recording to the

20  appropriate official responsible for maintaining the public

21  records in each county in which the subject accommodations and

22  facilities are located notifying all persons of the identity

23  of an independent escrow agent or trustee satisfying the

24  requirements of subparagraph 4. sub-subparagraph 3.b. that

25  shall maintain separate books and records, in accordance with

26  good accounting practices, for the timeshare plan in which

27  timeshare licenses are to be sold. The books and records shall

28  indicate each accommodation and facility that is subject to

29  such a timeshare plan and each purchaser of a timeshare

30  license in the timeshare plan.

31  

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 1         2.  Timeshare estates.--If the timeshare plan is one in

 2  which timeshare estates are to be sold, other than interests

 3  in a trust pursuant to subparagraph 3., and no cancellation or

 4  default has occurred, the escrow agent may release the

 5  escrowed funds or other property to or on the order of the

 6  developer upon presentation of:

 7         a.  An affidavit by the developer that all of the

 8  following conditions have been met:

 9         (I)  Expiration of the cancellation period.

10         (II)  Completion of construction.

11         (III)  Closing.

12         b.  If the timeshare estate is sold by agreement for

13  deed, a certified copy of the recorded nondisturbance and

14  notice to creditors instrument, as described in this section.

15         c.  Evidence that each accommodation and facility:

16         (I)  Is free and clear of the claims of any

17  interestholders, other than the claims of interestholders

18  that, through a recorded instrument, are irrevocably made

19  subject to the timeshare instrument and the use rights of

20  purchasers made available through the timeshare instrument;

21         (II)  Is the subject of a recorded nondisturbance and

22  notice to creditors instrument that complies with subsection

23  (3) and s. 721.17; or

24         (III)  Has been transferred into a trust satisfying the

25  requirements of subparagraph 4.

26         d.  Evidence that the timeshare estate:

27         (I)  Is free and clear of the claims of any

28  interestholders, other than the claims of interestholders

29  that, through a recorded instrument, are irrevocably made

30  subject to the timeshare instrument and the use rights of

31  

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 1  purchasers made available through the timeshare instrument;,

 2  or

 3         (II)  Is that are the subject of a recorded

 4  nondisturbance and notice to creditors instrument that

 5  complies with subsection (3) and s. 721.17(3).

 6         3.  Personal property timeshare interests.-- If the

 7  timeshare plan is one in which personal property timeshare

 8  interests estates are to be sold as interests in a trust that

 9  complies in all respects with the provisions of

10  sub-subparagraph b., and no cancellation or default has

11  occurred, the escrow agent may release the escrowed funds or

12  other property to or on the order of the developer upon

13  presentation of:

14         a.  An affidavit by the developer that all of the

15  following conditions have been met:

16         (I)  Expiration of the cancellation period.

17         (II)  Completion of construction.

18         (III)  Transfer of the subject accommodations and

19  facilities, or all use rights therein, to the trust.

20         (IV)  Closing.

21         b.  If the personal property timeshare interest is sold

22  by agreement for transfer, evidence that the agreement for

23  transfer complies fully with s. 721.06 and this section.

24         c.  Evidence that one of the following has occurred:

25         (I)  Transfer by the owner of the underlying personal

26  property of legal title to the subject accommodations and

27  facilities or all use rights therein into a trust satisfying

28  the requirements of subparagraph 4.; or

29         (II)  Transfer by the owner of the underlying personal

30  property of legal title to the subject accommodations and

31  

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 1  facilities or all use rights therein into an owners'

 2  association satisfying the requirements of subparagraph 5.

 3         d.  Evidence of compliance with the provisions of

 4  subparagraph 6., if required.

 5         e.  If a personal property timeshare plan is created

 6  with respect to accommodations and facilities that are located

 7  on or in an ocean-going vessel, including a "documented

 8  vessel" or "foreign vessel" as defined and governed by chapter

 9  301 (Commercial Instruments and Liens), Title 46, United

10  States Code:

11         (I)  In making the transfer required in

12  sub-subparagraph c., the developer shall use as its transfer

13  instrument a document that establishes and protects the

14  continuance of the use rights in the subject accommodations

15  and facilities in a manner that is enforceable by the trust or

16  owners' association.

17         (II)  The transfer instrument shall comply fully with

18  the provisions of this chapter, shall be part of the timeshare

19  instrument, and shall contain specific provisions that:

20         (A)  Prohibit the vessel owner, the developer, any

21  manager or operator of the vessel, the owners' association or

22  the trustee, the managing entity, or any other person from

23  incurring any liens against the vessel except for liens that

24  are required for the operation and upkeep of the vessel,

25  including liens for fuel expenditures, repairs, crews' wages,

26  and salvage, and except as provided in sub-sub-subparagraphs

27  4.b.(III) and 5.b.(III). All expenses, fees, and taxes

28  properly incurred in connection with the creation,

29  satisfaction, and discharge of any such permitted lien, or a

30  prorated portion thereof if less than all of the

31  

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 1  accommodations on the vessel are subject to the timeshare

 2  plan, shall be common expenses of the timeshare plan.

 3         (B)  Grant a lien against the vessel in favor of the

 4  owners' association or trustee to secure the full and faithful

 5  performance of the vessel owner and developer of all of their

 6  obligations to the purchasers.

 7         (C)  Establish governing law in a jurisdiction that

 8  recognizes and will enforce the timeshare instrument and the

 9  laws of the jurisdiction of registry of the vessel.

10         (D)  Require that a description of the use rights of

11  purchasers be posted and displayed on the vessel in a manner

12  that will give notice of such rights to any party examining

13  the vessel. This notice must identify the owners' association

14  or trustee and include a statement disclosing the limitation

15  on incurring liens against the vessel described in

16  sub-sub-sub-subparagraph (A).

17         (E)  Include the nondisturbance and notice to creditors

18  instrument for the vessel owner and any other interestholders.

19         (F)  The owners' association created under subparagraph

20  5. or trustee created under subparagraph 6. shall have access

21  to any certificates of classification in accordance with the

22  timeshare instrument.

23         (III)  If the vessel is a foreign vessel, the vessel

24  must be registered in a jurisdiction that permits a filing

25  evidencing the use rights of purchasers in the subject

26  accommodations and facilities, offers protection for such use

27  rights against unfiled and inferior claims, and recognizes the

28  document or instrument creating such use rights as a lien

29  against the vessel.

30         (IV)  In addition to the disclosures required by s.

31  721.07(5), the public offering statement and purchase contract

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 1  must contain a disclosure in conspicuous type in substantially

 2  the following form:

 3  

 4  The laws of the State of Florida govern the offering of this

 5  timeshare plan in this state. There are inherent risks in

 6  purchasing a timeshare interest in this timeshare plan because

 7  the accommodations and facilities of the timeshare plan are

 8  located on a vessel that will sail into international waters

 9  and into waters governed by many different jurisdictions.

10  Therefore, the laws of the State of Florida cannot fully

11  protect your purchase of an interest in this timeshare plan.

12  Specifically, management and operational issues may need to be

13  addressed in the jurisdiction in which the vessel is

14  registered, which is ____________ [insert jurisdiction in

15  which vessel is registered]. Concerns of purchasers may be

16  sent to ________________ [insert name of applicable regulatory

17  agency and address].

18         4.  Trust.--

19         a.  If the subject accommodations or facilities, or all

20  use rights therein, are to be transferred into a trust in

21  order to comply with this paragraph, such transfer shall take

22  place pursuant to this subparagraph.

23         b.  Prior to the transfer by each interestholder of the

24  subject accommodations and facilities, or all use rights

25  therein, to a trust, any lien or other encumbrance against

26  such accommodations and facilities, or use rights therein,

27  shall be made subject to a nondisturbance and notice to

28  creditors instrument pursuant to subsection (3) as described

29  in this section. No transfer pursuant to this subparagraph

30  sub-subparagraph shall become effective until the trustee

31  accepts such transfer and the responsibilities set forth

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 1  herein. A trust established pursuant to this subparagraph

 2  sub-subparagraph shall comply with the following provisions:

 3         (I)  The trustee shall be an individual or a business

 4  entity authorized and qualified to conduct trust business in

 5  this state. Any corporation authorized to do business in this

 6  state may act as trustee in connection with a timeshare plan

 7  pursuant to this chapter. The trustee must be independent from

 8  any developer or managing entity of the timeshare plan or any

 9  interestholder of any accommodation or facility of such plan.

10         (II)  The trust shall be irrevocable so long as any

11  purchaser has a right to occupy any portion of the timeshare

12  property pursuant to the timeshare plan.

13         (III)  The trustee shall not convey, hypothecate,

14  mortgage, assign, lease, or otherwise transfer or encumber in

15  any fashion any interest in or portion of the timeshare

16  property with respect to which any purchaser has a right of

17  use or occupancy unless the timeshare plan is terminated

18  pursuant to the timeshare instrument, or such conveyance,

19  hypothecation, mortgage, assignment, lease, transfer, or

20  encumbrance is approved by a vote of two-thirds of all voting

21  interests of the timeshare plan and such decision is declared

22  by a court of competent jurisdiction to be in the best

23  interests of the purchasers of the timeshare plan. The trustee

24  shall notify the division in writing within 10 days after of

25  receiving notice of the filing of any petition relating to

26  obtaining such a court order. The division shall have standing

27  to advise the court of the division's interpretation of the

28  statute as it relates to the petition.

29         (IV)  All purchasers of the timeshare plan or the

30  owners' association of the timeshare plan shall be the express

31  beneficiaries of the trust. The trustee shall act as a

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 1  fiduciary to the beneficiaries of the trust. The personal

 2  liability of the trustee shall be governed by s. 737.306. The

 3  agreement establishing the trust shall set forth the duties of

 4  the trustee. The trustee shall be required to furnish promptly

 5  to the division upon request a copy of the complete list of

 6  the names and addresses of the owners in the timeshare plan

 7  and a copy of any other books and records of the timeshare

 8  plan required to be maintained pursuant to s. 721.13 that are

 9  in the possession, custody, or control of the trustee. All

10  expenses reasonably incurred by the trustee in the performance

11  of its duties, together with any reasonable compensation of

12  the trustee, shall be common expenses of the timeshare plan.

13         (V)  The trustee shall not resign upon less than 90

14  days' prior written notice to the managing entity and the

15  division. No resignation shall become effective until a

16  substitute trustee, approved by the division, is appointed by

17  the managing entity and accepts the appointment.

18         (VI)  The documents establishing the trust arrangement

19  shall constitute a part of the timeshare instrument.

20         (VII)  For trusts holding property in a timeshare plan

21  located outside this state, the trust and trustee holding such

22  property shall be deemed in compliance with the requirements

23  of this subparagraph if such trust and trustee are is

24  authorized and qualified to conduct trust business under the

25  laws of such jurisdiction and the agreement or law governing

26  such trust arrangement provides substantially similar

27  protections for the purchaser as are required in this

28  subparagraph for trusts holding property in a timeshare plan

29  in this state.

30         (VIII)  The trustee shall have appointed a registered

31  agent in this state for service of process. In the event such

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 1  a registered agent is not appointed, service of process may be

 2  served pursuant to s. 721.265.

 3         5.  Owners' association.--

 4         a.  If the subject accommodations or facilities, or all

 5  use rights therein, are to be transferred into an owners'

 6  association in order to comply with this paragraph, such

 7  transfer shall take place pursuant to this subparagraph.

 8         b.  Prior to the transfer by each interestholder of the

 9  subject accommodations and facilities, or all use rights

10  therein, to an owners' association, any lien or other

11  encumbrance against such accommodations and facilities, or use

12  rights therein, shall be made subject to a nondisturbance and

13  notice to creditors instrument pursuant to subsection (3). No

14  transfer pursuant to this subparagraph shall become effective

15  until the owners' association accepts such transfer and the

16  responsibilities set forth herein. An owners' association

17  established pursuant to this subparagraph shall comply with

18  the following provisions:

19         (I)  The owners' association shall be a business entity

20  authorized and qualified to conduct business in this

21  state.  Control of the board of directors of the owners'

22  association must be independent from any developer or managing

23  entity of the timeshare plan or any interestholder.

24         (II)  The bylaws of the owners' association shall

25  provide that the corporation may not be voluntarily dissolved

26  without the unanimous vote of all owners of personal property

27  timeshare interests so long as any purchaser has a right to

28  occupy any portion of the timeshare property pursuant to the

29  timeshare plan.

30         (III)  The owners' association shall not convey,

31  hypothecate, mortgage, assign, lease, or otherwise transfer or

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 1  encumber in any fashion any interest in or portion of the

 2  timeshare property with respect to which any purchaser has a

 3  right of use or occupancy unless the timeshare plan is

 4  terminated pursuant to the timeshare instrument, or such

 5  conveyance, hypothecation, mortgage, assignment, lease,

 6  transfer, or encumbrance is approved by a vote of two-thirds

 7  of all voting interests of the association and such decision

 8  is declared by a court of competent jurisdiction to be in the

 9  best interests of the purchasers of the timeshare plan. The

10  owners' association shall notify the division in writing

11  within 10 days after receiving notice of the filing of any

12  petition relating to obtaining such a court order. The

13  division shall have standing to advise the court of the

14  division's interpretation of the statute as it relates to the

15  petition.

16         (IV)  All purchasers of the timeshare plan shall be

17  members of the owners' association and shall be entitled to

18  vote on matters requiring a vote of the owners' association as

19  provided in this chapter or the timeshare instrument. The

20  owners' association shall act as a fiduciary to the purchasers

21  of the timeshare plan.  The articles of incorporation

22  establishing the owners' association shall set forth the

23  duties of the owners' association. All expenses reasonably

24  incurred by the owners' association in the performance of its

25  duties, together with any reasonable compensation of the

26  officers or directors of the owners' association, shall be

27  common expenses of the timeshare plan.

28         (V)  The documents establishing the owners' association

29  shall constitute a part of the timeshare instrument.

30         (VI)  For owners' associations holding property in a

31  timeshare plan located outside this state, the owners'

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 1  association holding such property shall be deemed in

 2  compliance with the requirements of this subparagraph if such

 3  owners' association is authorized and qualified to conduct

 4  owners' association business under the laws of such

 5  jurisdiction and the agreement or law governing such

 6  arrangement provides substantially similar protections for the

 7  purchaser as are required in this subparagraph for owners'

 8  associations holding property in a timeshare plan in this

 9  state.

10         (VII)  The owners' association shall have appointed a

11  registered agent in this state for service of process. In the

12  event such a registered agent cannot be located, service of

13  process may be made pursuant to s. 721.265.

14         6.  Personal property subject to certificate of

15  title.--If any personal property that is an accommodation or

16  facility of a timeshare plan is subject to a certificate of

17  title in this state pursuant to chapter 319 or chapter 328,

18  the following notation must be made on such certificate of

19  title pursuant to s. 319.27(1) or s. 328.15(1):

20  

21  The further transfer or encumbrance of the property subject to

22  this certificate of title, or any lien or encumbrance thereon,

23  is subject to the requirements of section 721.17, Florida

24  Statutes, and the transferee or lienor agrees to be bound by

25  all of the obligations set forth therein. 

26         7.4.  If the developer has previously provided a

27  certified copy of any document required by this paragraph, she

28  or he may for all subsequent disbursements substitute a true

29  and correct copy of the certified copy, provided no changes to

30  the document have been made or are required to be made.

31  

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 1         8.  In the event that use rights relating to an

 2  accommodation or facility are transferred into a trust

 3  pursuant to subparagraph 4. or into an owners' association

 4  pursuant to subparagraph 5., all other interestholders,

 5  including the owner of the underlying fee or underlying

 6  personal property, must execute a nondisturbance and notice to

 7  creditors instrument pursuant to subsection (3).

 8         (d) Substitution of other assurances for escrowed funds

 9  or other property.--Funds or other property escrowed as

10  provided in this section may be released from escrow to or on

11  the order of the developer upon acceptance by the director of

12  the division of other assurances pursuant to subsection (5) as

13  a substitute for such escrowed funds or other property.  The

14  amount of escrowed funds or other property that may be

15  released pursuant to this paragraph shall be equal to or less

16  than the face amount of the assurances accepted by the

17  director from time to time.

18         (3)  NONDISTURBANCE AND NOTICE TO CREDITORS

19  INSTRUMENT.--The nondisturbance and notice to creditors

20  instrument, when required, shall be executed by each

21  interestholder.

22         (a)  The instrument shall state that:

23         1.(a)  If the party seeking enforcement is not in

24  default of its obligations, the instrument may be enforced by

25  both the seller and any purchaser of the timeshare plan;

26         2.(b)  The instrument shall be effective as between the

27  timeshare purchaser and interestholder despite any rejection

28  or cancellation of the contract between the timeshare

29  purchaser and developer as a result of bankruptcy proceedings

30  of the developer; and

31  

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 1         3.(c)  So long as a purchaser remains in good standing

 2  with respect to her or his obligations under the timeshare

 3  instrument, including making all payments to the managing

 4  entity required by the timeshare instrument with respect to

 5  the annual common expenses of the timeshare the interestholder

 6  has any interest in the accommodations, facilities, or plan,

 7  then the interestholder will fully honor all the rights of

 8  such purchaser relating to the subject accommodation or

 9  facility as reflected timeshare purchasers in and to the

10  timeshare instrument plan, will honor the purchasers' right to

11  cancel their contracts and receive appropriate refunds, and

12  will comply with all other requirements of this chapter and

13  rules promulgated hereunder.

14  

15  The instrument shall contain language sufficient to provide

16  subsequent creditors of the developer and interestholders with

17  notice of the existence of the timeshare plan and of the

18  rights of purchasers and shall serve to protect the interest

19  of the timeshare purchasers from any claims of subsequent

20  creditors.

21         (b)  Real property timeshare plans.--For real property

22  timeshare plans, the instrument shall be recorded in the

23  public records of the county in which the subject

24  accommodations or facilities are located.

25         (c)  Personal property timeshare plans.--For personal

26  property timeshare plans, the instrument shall be included

27  within or attached as an exhibit to a security agreement or

28  other agreement executed by the interestholder.  Constructive

29  notice of such security agreement or other agreement shall be

30  filed in the manner prescribed by chapter 679 or other

31  applicable law.

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 1         (d)  A copy of the recorded or filed nondisturbance and

 2  notice to creditors instrument, when required, shall be

 3  provided to each timeshare purchaser at the time the purchase

 4  contract is executed.

 5         (4)  In lieu of any escrow provisions required by this

 6  act, the director of the division shall have the discretion to

 7  permit deposit of the funds or other property in an escrow

 8  account as required by the jurisdiction in which the sale took

 9  place.

10         (5)(a)  In lieu of any escrows required by this

11  section, the director of the division shall have the

12  discretion to accept other assurances, including, but not

13  limited to, a surety bond issued by a company authorized and

14  licensed to do business in this state as surety or an

15  irrevocable letter of credit in an amount equal to the escrow

16  requirements of this section.

17         (b)  Notwithstanding anything in chapter 718 or chapter

18  719 to the contrary, the director of the division shall have

19  the discretion to accept other assurances pursuant to

20  paragraph (a) in lieu of any requirement that completion of

21  construction of one or more accommodations or facilities of a

22  timeshare plan be accomplished prior to closing.

23         (c)  In lieu of a nondisturbance and notice to

24  creditors instrument, when such an instrument is otherwise

25  required by this section, the director of the division shall

26  have the discretion to accept alternate means of protecting

27  the continuing rights of purchasers in and to the subject

28  accommodations or facilities of the timeshare plan as and for

29  the term described in the timeshare instrument, and of

30  providing effective constructive notice of such continuing

31  purchaser rights to subsequent owners of the accommodations or

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 1  facilities and to subsequent creditors of the affected

 2  interestholder.

 3         (d)  In lieu of the requirements in

 4  sub-sub-subparagraph (2)(c)3.e.(III), the director of the

 5  division shall have the discretion to accept alternate means

 6  of protecting the use rights of purchasers in the subject

 7  accommodations and facilities of the timeshare plan against

 8  unfiled and inferior claims.

 9         (6)  An escrow agent holding funds escrowed pursuant to

10  this section may invest such escrowed funds in securities of

11  the United States Government, or any agency thereof, or in

12  savings or time deposits in institutions insured by an agency

13  of the United States Government. The right to receive the

14  interest generated by any such investments shall be paid to

15  the party to whom the escrowed funds or other property are

16  paid unless otherwise specified by contract.

17         (7)  Each escrow agent shall maintain separate books

18  and records for each timeshare plan and shall maintain such

19  books and records in accordance with good accounting

20  practices.

21         (8)  An escrow agent holding escrowed funds pursuant to

22  this chapter that have not been claimed for a period of 5

23  years after the date of deposit shall make at least one

24  reasonable attempt to deliver such unclaimed funds to the

25  purchaser who submitted such funds to escrow. In making such

26  attempt, an escrow agent is entitled to rely on a purchaser's

27  last known address as set forth in the books and records of

28  the escrow agent and is not required to conduct any further

29  search for the purchaser. If an escrow agent's attempt to

30  deliver unclaimed funds to any purchaser is unsuccessful, the

31  escrow agent may deliver such unclaimed funds to the division

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 1  and the division shall deposit such unclaimed funds in the

 2  Division of Florida Land Sales, Condominiums, and Mobile Homes

 3  Trust Fund, 30 days after giving notice in a publication of

 4  general circulation in the county in which the timeshare

 5  property containing the purchaser' s timeshare interest is

 6  located. The purchaser may claim the same at any time prior to

 7  the delivery of such funds to the division. After delivery of

 8  such funds to the division, the purchaser shall have no more

 9  rights to the unclaimed funds. The escrow agent shall not be

10  liable for any claims from any party arising out of the escrow

11  agent's delivery of the unclaimed funds to the division

12  pursuant to this section.

13         (9)  For each transfer of the legal title to a

14  timeshare estate by a developer, the developer shall deliver

15  an instrument evidencing such transfer to the purchaser or to

16  a title insurance agent or to the clerk of the court for

17  recording. For each transfer of the legal title to a personal

18  property timeshare interest by a developer, the developer

19  shall deliver an instrument evidencing such transfer to the

20  purchaser subject to the provisions of this section.

21         (10)(a)  Any developer, seller, or escrow agent who

22  intentionally fails to comply with the provisions of this

23  section concerning the establishment of an escrow account,

24  deposits of funds into escrow, and withdrawal therefrom is

25  guilty of a felony of the third degree, punishable as provided

26  in s. 775.082, s. 775.083, or s. 775.084, or the successor

27  thereof. The failure to establish an escrow account or to

28  place funds therein as required in this section is prima facie

29  evidence of an intentional and purposeful violation of this

30  section.

31  

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 1         (b)  Any developer, interestholder, trustee, or officer

 2  or director of an owners' association who intentionally fails

 3  to comply with the provisions of this section concerning the

 4  establishment of a trust or owners' association, conveyances

 5  of property into the trust or owners' association, and

 6  conveyances or encumbrances of trust or owners' association

 7  property is guilty of a felony of the third degree, punishable

 8  as provided in s. 775.082, s. 775.083, or s. 775.084, or the

 9  successor thereof. The failure to establish a trust or owners'

10  association, or to transfer property into the trust or owners'

11  association, or the failure of a trustee or officer or

12  director of an owners' association to comply with the trust

13  agreement, articles of incorporation, or bylaws with respect

14  to conveyances or encumbrances of trust or owners' association

15  property, as required by this section, is prima facie evidence

16  of an intentional and purposeful violation of this section.

17         Section 9.  Paragraphs (a) and (d) of subsection (1),

18  paragraph (c) of subsection (2), and paragraph (c) of

19  subsection (3) of section 721.09, Florida Statutes, are

20  amended to read:

21         721.09  Reservation agreements; escrows.--

22         (1)(a)  Prior to filing the filed registered public

23  offering statement with the division, a seller shall not offer

24  a timeshare plan for sale but may accept reservation deposits

25  and advertise the reservation deposit program upon approval by

26  the division of a fully executed escrow agreement and

27  reservation agreement properly filed with the division.

28         (d)  A seller who has filed a reservation agreement and

29  an escrow agreement under this section may advertise the

30  reservation agreement program if the advertising material

31  meets the following requirements:

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 1         1.  The seller complies with the provisions of s.

 2  721.11 with respect to such advertising material.

 3         2.  The advertising material is limited to a general

 4  description of the proposed timeshare plan, including, but not

 5  limited to, a general description of the type, number, and

 6  size of accommodations and facilities and the name of the

 7  proposed timeshare plan.

 8         3.  The advertising material contains a statement that

 9  the advertising material is being distributed in connection

10  with an approved reservation agreement filing only and that

11  the seller cannot offer an interest in the timeshare plan for

12  sale until a filed registered public offering statement has

13  been filed with the division under this chapter.

14         (2)  Each executed reservation agreement shall be

15  signed by the developer and shall contain the following:

16         (c)  A statement of the obligation of the developer to

17  file a filed registered public offering statement with the

18  division prior to entering into binding contracts.

19         (3)

20         (c)  The escrow agent may invest the escrowed funds in

21  securities of the United States Government, or any agency

22  thereof, or in savings or time deposits in institutions

23  insured by an agency of the United States Government. The

24  interest generated by any such investments shall be payable to

25  the party entitled to receive the escrowed funds or other

26  property.

27         Section 10.  Paragraph (a) of subsection (1),

28  paragraphs (b) and (e) of subsection (6), and subsections (7),

29  (8), and (9) of section 721.11, Florida Statutes, are amended

30  to read:

31         721.11  Advertising materials; oral statements.--

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 1         (1)(a)  A developer may file All advertising material

 2  must be filed with the division for review by the developer

 3  prior to use. At the request of the developer, The division

 4  shall review any the advertising material filed for review by

 5  the developer and notify the developer of any deficiencies

 6  within 10 days after the filing. If the developer corrects the

 7  deficiencies or if there are no deficiencies, the division

 8  shall notify the developer of its approval of the advertising

 9  materials. Notwithstanding anything to the contrary contained

10  in this subsection, so long as the developer uses advertising

11  materials approved by the division, following the developer's

12  request for a review, the developer shall not be liable for

13  any violation of this section or s. 721.111 with respect to

14  such advertising materials.

15         (6)  Failure to provide cancellation rights or

16  disclosures as required by this subsection in connection with

17  the sale of a regulated short-term product constitutes

18  misrepresentation in accordance with paragraph (4)(a). Any

19  agreement relating to the sale of a regulated short-term

20  product must be regulated as advertising material and is

21  subject to the following:

22         (b)  A purchaser of a regulated short-term product has

23  the right to cancel the agreement until midnight of the 10th

24  calendar day following the execution date of the agreement.

25  The right of cancellation may not be waived by the prospective

26  purchaser or by any other person on behalf of the prospective

27  purchaser. Notice of cancellation must be given in the same

28  manner prescribed for giving notice of cancellation under s.

29  721.10(2). If the prospective purchaser gives a valid notice

30  of cancellation or is otherwise entitled to cancel the sale,

31  the funds or other property received from or on behalf of the

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 1  prospective purchaser, or the proceeds thereof, must be

 2  returned to the prospective purchaser. Such refund must be

 3  made in the same manner prescribed for refunds under s.

 4  721.10.

 5         (e)  If the seller provides the purchaser with the

 6  right to cancel the purchase of a regulated short-term product

 7  at any time up to 7 days prior to the purchaser's reserved use

 8  of the accommodations, but in no event less than 10 days, and

 9  if the seller refunds the total amount of all payments made by

10  the purchaser reduced by the proportion of any benefits the

11  purchaser has actually received prior to the effective date of

12  the cancellation, the specific value of which has been agreed

13  to between the purchaser and the seller, the short-term

14  product offer shall be exempt from the requirements of

15  paragraphs (b), (c), and (d). An agreement relating to the

16  sale of the regulated short-term product made pursuant to this

17  paragraph must contain a statement setting forth the

18  cancellation and refund rights of the prospective purchaser in

19  a manner that is consistent with this section and s. 721.10,

20  including a description of the length of the cancellation

21  right, a statement that the purchaser's intent to cancel must

22  be in writing and sent to the seller at a specified address, a

23  statement that the notice of cancellation is effective upon

24  the date sent, and a statement that any attempt to waive the

25  cancellation right is unlawful. The right of cancellation

26  provided to the purchaser pursuant to this paragraph may not

27  be waived by the prospective purchaser or by any other person

28  on behalf of the prospective purchaser. Notice of cancellation

29  must be given in the same manner prescribed for giving notice

30  of cancellation pursuant to s. 721.10(2). If the prospective

31  purchaser gives a valid notice of cancellation, or is

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 1  otherwise entitled to cancel the sale, the funds or other

 2  property received from or on behalf of the prospective

 3  purchaser, or the proceeds thereof, shall be returned to the

 4  prospective purchaser. Such refund shall be made in the manner

 5  prescribed for refunds under s. 721.10.

 6         (7)  Notwithstanding the provisions of s. 721.05(7)

 7  (6)(b), a seller may portray possible accommodations or

 8  facilities to prospective purchasers in advertising material,

 9  or a purchaser public offering statement, without such

10  accommodations or facilities being available for use by

11  purchasers so long as the advertising material or purchaser

12  public offering statement complies with the provisions of

13  subsection (4).

14         (8)  Notwithstanding the provisions of s. 721.05(7)

15  (6)(b), a developer may portray possible accommodations or

16  facilities to prospective purchasers by disseminating oral or

17  written statements regarding same to broadcast or print media

18  with no obligation on the developer's part to actually

19  construct such accommodations or facilities or to file such

20  accommodations or facilities with the division, but only so

21  long as such oral or written statements are not considered

22  advertising material pursuant to paragraph (3)(e).

23         (9)  Notwithstanding the provisions of s. 721.05(7)

24  (6)(b), a seller of a multisite timeshare plan may portray a

25  possible component site to prospective purchasers with no

26  accommodations or facilities located at such component site

27  being available for use by purchasers so long as the seller

28  satisfies the following requirements:

29         (a)  A developer of a multisite timeshare plan may

30  disseminate oral or written statements to broadcast or print

31  media describing a possible component site with no obligation

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 1  on the developer's part to actually add such component site to

 2  the multisite timeshare plan or to amend the developer's

 3  filing with the division, but only so long as such oral or

 4  written statements are not considered advertising material

 5  pursuant to paragraph (3)(e).

 6         (b)  A seller may make representations to purchasers in

 7  advertising material or in a purchaser public offering

 8  statement regarding the possible accommodations and facilities

 9  of a possible component site without such accommodations or

10  facilities being available for use by purchasers so long as

11  the advertising material or purchaser public offering

12  statement complies with the provisions of subsection (4).

13         (c)  In the event a seller makes any of the

14  representations permitted by paragraph (b), the purchase

15  agreement must contain the following conspicuous disclosure

16  unless and until such time as the developer has committed

17  itself in the timeshare instrument to adding the possible

18  component site to the multisite timeshare plan, at which time

19  the seller may portray the component site pursuant to the

20  timeshare instrument without restriction:

21  

22  [Description of possible component site] is only a possible

23  component site which may never be added to the multisite

24  timeshare plan (or multisite vacation ownership plan or

25  multisite vacation plan or vacation club). Do not purchase an

26  interest in the multisite timeshare plan (or multisite

27  vacation ownership plan or multisite vacation plan or vacation

28  club) in reliance upon the addition of this component site.

29         (d)  Notwithstanding anything contained in this chapter

30  to the contrary, a developer or managing entity may

31  communicate with existing purchasers regarding possible

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 1  component sites without restriction, so long as all oral and

 2  written statements made to existing purchasers pursuant to

 3  this subsection comply with the provisions of subsection (4).

 4         (e)  Any violation of this subsection by a developer,

 5  seller, or managing entity shall constitute a violation of

 6  this chapter. Any violation of this subsection with respect to

 7  a purchaser whose purchase has not yet closed shall be deemed

 8  to provide that purchaser with a new 10-day voidability

 9  period.

10         Section 11.  Subsection (1) of section 721.12, Florida

11  Statutes, is amended to read:

12         721.12  Recordkeeping by seller.--Each seller of a

13  timeshare plan shall maintain among its business records the

14  following:

15         (1)  A copy of each contract for the sale of a

16  timeshare interest, which contract has not been canceled. If a

17  timeshare estate is being sold, the seller is required to

18  retain a copy of the contract only until a deed of conveyance,

19  agreement for deed, or lease is recorded in the office of the

20  clerk of the circuit court in the county wherein the plan is

21  located. If a personal property timeshare plan is being sold,

22  the seller is required to retain a copy of the contract only

23  until a certificate of transfer, agreement for transfer,

24  lease, or other instrument of transfer that fully complies

25  with s. 721.08 is delivered to the purchaser.

26         Section 12.  Paragraphs (a) and (b) of subsection (1),

27  paragraph (b) of subsection (2), paragraphs (c), (d), and (e)

28  of subsection (3), paragraph (g) of subsection (6), and

29  subsections (4) and (8) of section 721.13, Florida Statutes,

30  are amended, subsection (9) is renumbered as subsection (10),

31  

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 1  and new subsections (9) and (11) are added to that section, to

 2  read:

 3         721.13  Management.--

 4         (1)(a)  For each timeshare plan, the developer shall

 5  provide for a managing entity, which shall be either the

 6  developer, a separate manager or management firm, or an

 7  owners' association. Any owners' association shall be created

 8  prior to the first closing recording of the sale of a

 9  timeshare interest instrument.

10         (b)1.  With respect to a timeshare plan which is also

11  regulated under chapter 718 or chapter 719, or which contains

12  a mandatory owners' association, the board of administration

13  of the owners' association shall be considered the managing

14  entity of the timeshare plan.

15         2.  During any period of time in which such owners'

16  association has entered into a contract with a manager or

17  management firm to provide some or all of the management

18  services to the timeshare plan, both the board of

19  administration and the manager or management firm shall be

20  considered the managing entity of the timeshare plan and shall

21  be jointly and severally responsible for the faithful

22  discharge of the duties of the managing entity.

23         3.  An owners' association which is the managing entity

24  of a timeshare plan that includes condominium units or

25  cooperative units shall not be considered a condominium

26  association pursuant to the provisions of chapter 718 or a

27  cooperative association pursuant to the provisions of chapter

28  719, unless such owners' association also operates the entire

29  condominium pursuant to s. 718.111 or the entire cooperative

30  pursuant to s. 719.104.

31         (2)

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 1         (b)  The managing entity shall invest the operating and

 2  reserve funds of the timeshare plan in accordance with s.

 3  518.11(1); however, the managing entity shall give safety of

 4  capital greater weight than production of income. In no event

 5  shall the managing entity invest timeshare plan funds with a

 6  developer or with any entity that is not independent of any

 7  developer or any managing entity within the meaning of s.

 8  721.05(20) (18), and in no event shall the managing entity

 9  invest timeshare plan funds in notes and mortgages related in

10  any way to the timeshare plan.

11         (3)  The duties of the managing entity include, but are

12  not limited to:

13         (c)1.  Providing each year to all purchasers an

14  itemized annual budget which shall include all estimated

15  revenues and expenses. The budget shall be in the form

16  required by s. 721.07(5)(u). The budget and shall be the final

17  budget adopted by the managing entity for the current fiscal

18  year. The final adopted budget is not required to be delivered

19  if the managing entity has previously delivered a proposed

20  annual budget for the current fiscal year to purchasers in

21  accordance with chapter 718 or chapter 719, and the managing

22  entity includes a description of any changes in the adopted

23  budget with the assessment notice and a disclosure regarding

24  the purchasers' right to receive a copy of the adopted budget

25  if desired. The budget shall contain, as a footnote or

26  otherwise, any related party transaction disclosures or notes

27  which appear in the audited financial statements of the

28  managing entity for the previous budget year as required by

29  paragraph (e). A copy of the final budget shall be filed with

30  the division for review within 30 days after the beginning of

31  each fiscal year together with a statement of the number of

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 1  periods of 7-day annual use availability that exist within the

 2  timeshare plan, including those periods filed for sale by the

 3  developer but not yet committed to the timeshare plan, for

 4  which annual fees are required to be paid to the division

 5  under s. 721.27.

 6         2.  Notwithstanding anything contained in chapter 718

 7  or chapter 719 to the contrary, the board of administration of

 8  an owners' association which serves as the managing entity may

 9  from time to time reallocate reserves for deferred maintenance

10  and capital expenditures required by s. 721.07(5)(u)3.a.(XI)

11  from any deferred maintenance or capital expenditure reserve

12  account to any other deferred maintenance or capital

13  expenditure reserve account or accounts in its discretion

14  without the consent of purchasers of the timeshare plan. Funds

15  in any deferred maintenance or capital expenditure reserve

16  account may not be transferred to any operating account

17  without the consent of a majority of the purchasers of the

18  timeshare plan. The managing entity may from time to time

19  transfer excess funds in any operating account to any deferred

20  maintenance or capital expenditure reserve account without the

21  vote or approval of purchasers of the timeshare plan. In the

22  event any amount of reserves for accommodations and facilities

23  of a timeshare plan containing timeshare licenses or personal

24  property timeshare interests exists at the end of the term of

25  the timeshare plan, such reserves shall be refunded to

26  purchasers on a pro rata basis.

27         (d)1.  Maintenance of all books and records concerning

28  the timeshare plan so that all such books and records are

29  reasonably available for inspection by any purchaser or the

30  authorized agent of such purchaser. For purposes of this

31  subparagraph, the books and records of the timeshare plan

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 1  shall be considered "reasonably available" if copies of the

 2  requested portions are delivered to the purchaser or the

 3  purchaser's agent within 7 days after of the date the managing

 4  entity receives a written request for the records signed by

 5  the purchaser. The managing entity may charge the purchaser a

 6  reasonable fee for copying the requested information not to

 7  exceed 25 cents per page. However, any purchaser or agent of

 8  such purchaser shall be permitted to personally inspect and

 9  examine the books and records wherever located at any

10  reasonable time, under reasonable conditions, and under the

11  supervision of the custodian of those records. The custodian

12  shall supply copies of the records where requested and upon

13  payment of the copying fee. No fees other than those set forth

14  in this section may be charged for the providing of,

15  inspection, or examination of books and records. All books and

16  financial records of the timeshare plan must be maintained in

17  accordance with generally accepted accounting practices.

18         2.  If the books and records of the timeshare plan are

19  not maintained on the premises of the accommodations and

20  facilities of the timeshare plan, the managing entity shall

21  inform the division in writing of the location of the books

22  and records and the name and address of the person who acts as

23  custodian of the books and records at that location. In the

24  event that the location of the books and records changes, the

25  managing entity shall notify the division of the change in

26  location and the name and address of the new custodian within

27  30 days after of the date the books and records are moved. The

28  purchasers shall be notified of the location of the books and

29  records and the name and address of the custodian in the copy

30  of the annual budget provided to them pursuant to paragraph

31  (c).

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 1         3.  The division is authorized to adopt rules which

 2  specify those items and matters that shall be included in the

 3  books and records of the timeshare plan and which specify

 4  procedures to be followed in requesting and delivering copies

 5  of the books and records.

 6         4.  Notwithstanding any provision of chapter 718 or

 7  chapter 719 to the contrary, the managing entity may not

 8  furnish the name, address, or electronic mail address of any

 9  purchaser to any other purchaser or authorized agent thereof

10  unless the purchaser whose name, and address, or electronic

11  mail address is are requested first approves the disclosure in

12  writing.

13         (e)  Arranging for an annual audit of the financial

14  statements of the timeshare plan by a certified public

15  accountant licensed by the Board of Accountancy of the

16  Department of Business and Professional Regulation, in

17  accordance with generally accepted auditing standards as

18  defined by the rules of the Board of Accountancy of the

19  Department of Business and Professional Regulation. The

20  financial statements required by this section must be prepared

21  on an accrual basis using fund accounting, and must be

22  presented in accordance with generally accepted accounting

23  principles. A copy of the audited financial statements must be

24  filed with the division for review and forwarded to the board

25  of directors and officers of the owners' association, if one

26  exists, no later than 5 calendar months after the end of the

27  timeshare plan's fiscal year. If no owners' association

28  exists, each purchaser must be notified, no later than 5

29  months after the end of the timeshare plan's fiscal year, that

30  a copy of the audited financial statements is available upon

31  request to the managing entity. Notwithstanding any

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 1  requirement of s. 718.111(13) or s. 719.104(4), the audited

 2  financial statements required by this section are the only

 3  annual financial reporting requirements for timeshare

 4  condominiums or timeshare cooperatives.

 5         (4)  The managing entity shall maintain among its

 6  records and provide to the division upon request a complete

 7  list of the names and addresses of all purchasers and owners

 8  of timeshare units in the timeshare plan. The managing entity

 9  shall update this list no less frequently than quarterly.

10  Pursuant to paragraph (3)(d), the managing entity may not

11  publish this owner's list or provide a copy of it to any

12  purchaser or to any third party other than the division.

13  However, the managing entity shall to those persons listed on

14  the owner's list materials provided by any purchaser, upon the

15  written request of that purchaser, if the purpose of the

16  mailing is to advance legitimate owners' association business,

17  such as a proxy solicitation for any purpose, including the

18  recall of one or more board members elected by the owners or

19  the discharge of the manager or management firm. The use of

20  any proxies solicited in this manner must comply with the

21  provisions of the timeshare instrument and this chapter. A

22  mailing requested for the purpose of advancing legitimate

23  owners' association business shall occur within 30 days after

24  receipt of a request from a purchaser. The board of

25  administration of the owners' association shall be responsible

26  for determining the appropriateness of any mailing requested

27  pursuant to this subsection. The purchaser who requests the

28  mailing must reimburse the owners' association in advance for

29  the owners' association's actual costs in performing the

30  mailing. It shall be a violation of this chapter and, if

31  applicable, of part VIII of chapter 468, for the board of

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 1  administration or the manager or management firm to refuse to

 2  mail any material requested by the purchaser to be mailed,

 3  provided the sole purpose of the materials is to advance

 4  legitimate owners' association business. If the purpose of the

 5  mailing is a proxy solicitation to recall one or more board

 6  members elected by the owners or to discharge the manager or

 7  management firm and the managing entity does not mail the

 8  materials within 30 days after receipt of a request from a

 9  purchaser, the circuit court in the county where the timeshare

10  plan is located may, upon application from the requesting

11  purchaser, summarily order the mailing of the materials solely

12  related to the recall of one or more board members elected by

13  the owners or the discharge of the manager or management firm.

14  The court shall dispose of an application on an expedited

15  basis. In the event of such an order, the court may order the

16  managing entity to pay the purchaser's costs, including

17  attorney's fees reasonably incurred to enforce the purchaser's

18  rights, unless the managing entity can prove it refused the

19  mailing in good faith because of a reasonable basis for doubt

20  about the legitimacy of the mailing.

21         (6)

22         (g)  A managing entity shall have breached its

23  fiduciary duty described in subsection (2) in the event it

24  enforces the denial of use pursuant to paragraph (b) against

25  any one purchaser or group of purchasers without similarly

26  enforcing it against all purchasers, including all developers

27  and owners of the underlying fee or underlying personal

28  property; however, a managing entity shall not be required to

29  solicit rentals pursuant to paragraph (f) for every delinquent

30  purchaser. A managing entity shall also have breached its

31  fiduciary duty in the event an error in the books and records

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 1  of the timeshare plan results in a denial of use pursuant to

 2  this subsection of any purchaser who is not, in fact,

 3  delinquent. In addition to any remedies otherwise available to

 4  purchasers of the timeshare plan arising from such breaches of

 5  fiduciary duty, such breach shall also constitute a violation

 6  of this chapter. In addition, any purchaser receiving a notice

 7  of delinquency pursuant to paragraph (b), or any third party

 8  claiming under such purchaser pursuant to paragraph (b), may

 9  immediately bring an action for injunctive or declaratory

10  relief against the managing entity seeking to have the notice

11  invalidated on the grounds that the purchaser is not, in fact,

12  delinquent, that the managing entity failed to follow the

13  procedures prescribed by this section, or on any other

14  available grounds. The prevailing party in any such action

15  shall be entitled to recover his or her reasonable attorney's

16  fees from the losing party.

17         (8)  Notwithstanding anything to the contrary in s.

18  718.110, s. 718.113, s. 718.114, or s. 719.1055, the board of

19  administration of any owners' association that operates a

20  timeshare condominium pursuant to s. 718.111, or a timeshare

21  cooperative pursuant to s. 719.104, shall have the power to

22  make material alterations or substantial additions to the

23  accommodations or facilities of such timeshare condominium or

24  timeshare cooperative without the approval of the owners'

25  association. However, if the timeshare condominium or

26  timeshare cooperative contains any residential units that are

27  not subject to the timeshare plan, such action by the board of

28  administration must be approved by a majority of the owners of

29  such residential units. Unless otherwise provided in the

30  timeshare instrument as originally recorded, no such amendment

31  may change the configuration or size of any accommodation in

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 1  any material fashion, or change the proportion or percentage

 2  by which a member of the owners' association shares the common

 3  expenses, unless the record owners of the affected units or

 4  timeshare interests and all record owners of liens on the

 5  affected units or timeshare interests join in the execution of

 6  the amendment.

 7         (9)  All notices or other information sent by a board

 8  of administration of an owners' association may be delivered

 9  to a purchaser by electronic mail, provided that the purchaser

10  first consents electronically to the use of electronic mail

11  for notice purposes in a manner that reasonably demonstrates

12  that the purchaser has the ability to access the notice by

13  electronic mail. Proxies or written consents on votes of any

14  owners' association may be received by electronic mail, shall

15  have legal effect, and may be utilized for votes of an owners'

16  association, provided that the electronic signature is

17  authenticated through use of a password, cryptography

18  software, or other reasonable means and that proof of such

19  authentication is made available to the board of directors.

20         (10)(9)  Any failure of the managing entity to

21  faithfully discharge the fiduciary duty to purchasers imposed

22  by this section or to otherwise comply with the provisions of

23  this section shall be a violation of this chapter and of part

24  VIII of chapter 468.

25         (11)  Notwithstanding the other provisions of this

26  section, personal property timeshare plans are only subject to

27  the provisions of subsections (1)(a)-(d), (2)(a), (3)(a)-(h),

28  (5), (6), (9), and (10).

29         Section 13.  Subsection (4) is added to section 721.14,

30  Florida Statutes, to read:

31         721.14  Discharge of managing entity.--

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 1         (4)  This section shall not apply to personal property

 2  timeshare plans.

 3         Section 14.  Paragraph (c) of subsection (2) of section

 4  721.15, Florida Statutes, is amended, and subsection (10) is

 5  added to that section, to read:

 6         721.15  Assessments for common expenses.--

 7         (2)

 8         (c)  For the purpose of calculating the obligation of a

 9  developer under a guarantee pursuant to paragraph (b),

10  depreciation expenses related to real property shall be

11  excluded from common expenses incurred during the guarantee

12  period, except that for real property that is used for the

13  production of fees, revenues, or other income, depreciation

14  expenses shall be excluded only to the extent that they exceed

15  the net income from the production of such fees, revenues, or

16  other income.

17         (10)  This section shall not apply to personal property

18  timeshare plans.

19         Section 15.  Subsection (6) is added to section 721.16,

20  Florida Statutes, to read:

21         721.16  Liens for overdue assessments; liens for labor

22  performed on, or materials furnished to, a timeshare unit.--

23         (6)  This section shall not apply to personal property

24  timeshare plans.

25         Section 16.  Section 721.17, Florida Statutes, is

26  amended to read:

27         721.17  Transfer of interest.--Except in the case of a

28  timeshare plan subject to the provisions of chapter 718 or

29  chapter 719, no developer, or owner of the underlying fee, or

30  owner of the underlying personal property shall sell, lease,

31  assign, mortgage, or otherwise transfer his or her interest in

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 1  the accommodations and facilities of the timeshare plan except

 2  by an instrument evidencing the transfer recorded in the

 3  public records of the county in which such accommodations and

 4  facilities are located, or, with respect to personal property

 5  timeshare plans, in full compliance with s. 721.08. The

 6  instrument shall be executed by both the transferor and

 7  transferee and shall state:

 8         (1)  That its provisions are intended to protect the

 9  rights of all purchasers of the plan.

10         (2)  That its terms may be enforced by any prior or

11  subsequent timeshare purchaser so long as that purchaser is

12  not in default of his or her obligations.

13         (3)  That so long as a purchaser remains in good

14  standing with respect to her or his obligations under the

15  timeshare instrument, including making all payments to the

16  managing entity required by the timeshare instrument with

17  respect to the annual common expenses of the timeshare plan,

18  the transferee shall will fully honor all the rights of such

19  purchaser relating to the subject accommodation or facility as

20  reflected the purchasers to occupy and use the accommodations

21  and facilities as provided in their original contracts and the

22  timeshare instrument instruments.

23         (4)  That the transferee will fully honor all rights of

24  timeshare purchasers to cancel their contracts and receive

25  appropriate refunds.

26         (5)  That the obligations of the transferee under such

27  instrument will continue to exist despite any cancellation or

28  rejection of the contracts between the developer and purchaser

29  arising out of bankruptcy proceedings.

30  

31  

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 1  Should any transfer of the interest of the developer, or owner

 2  of the underlying fee, or owner of the underlying property

 3  occur in a manner which is not in compliance with this

 4  section, the terms set forth in this section shall be presumed

 5  to be a part of the transfer and shall be deemed to be

 6  included in the instrument of transfer. Notice shall be mailed

 7  to each purchaser of record within 30 days after of the

 8  transfer unless such transfer does not affect the purchaser's

 9  rights in or use of the timeshare plan. Persons who hold

10  mortgages or liens on the property constituting a timeshare

11  plan before the filed registered public offering statement of

12  such plan is approved by the division shall not be considered

13  transferees for the purposes of this section.

14         Section 17.  Section 721.18, Florida Statutes, is

15  amended to read:

16         721.18  Exchange programs; filing of information and

17  other materials; filing fees; unlawful acts in connection with

18  an exchange program.--

19         (1)  If a purchaser is offered the opportunity to

20  subscribe to an exchange program, the seller shall deliver to

21  the purchaser, together with the purchaser public offering

22  statement, and prior to the offering or execution of any

23  contract between the purchaser and the company offering the

24  exchange program, written information regarding such exchange

25  program; or, if the exchange company is dealing directly with

26  the purchaser, the exchange company shall deliver to the

27  purchaser, prior to the initial offering or execution of any

28  contract between the purchaser and the company offering the

29  exchange program, written information regarding such exchange

30  program. In either case, the purchaser shall certify in

31  writing to the receipt of such information. Such information

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 1  shall include, but is not limited to, the following

 2  information, the form and substance of which shall first be

 3  approved by the division in accordance with subsection (2):

 4         (a)  The name and address of the exchange company.

 5         (b)  The names of all officers, directors, and

 6  shareholders of the exchange company.

 7         (c)  Whether the exchange company or any of its

 8  officers or directors has any legal or beneficial interest in

 9  any developer, seller, or managing entity for any timeshare

10  plan participating in the exchange program and, if so, the

11  name and location of the timeshare plan and the nature of the

12  interest.

13         (d)  Unless otherwise stated, a statement that the

14  purchaser's contract with the exchange company is a contract

15  separate and distinct from the purchaser's contract with the

16  seller of the timeshare plan.

17         (e)  Whether the purchaser's participation in the

18  exchange program is dependent upon the continued affiliation

19  of the timeshare plan with the exchange program.

20         (f)  A statement that Whether the purchaser's

21  participation in the exchange program is voluntary. This

22  statement is not required to be given by the seller or

23  managing entity of a multisite timeshare plan to purchasers in

24  the multisite timeshare plan.

25         (g)  A complete and accurate description of the terms

26  and conditions of the purchaser's contractual relationship

27  with the exchange program and the procedure by which changes

28  thereto may be made.

29         (h)  A complete and accurate description of the

30  procedure to qualify for and effectuate exchanges.

31  

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 1         (i)  A complete and accurate description of all

 2  limitations, restrictions, or priorities employed in the

 3  operation of the exchange program, including, but not limited

 4  to, limitations on exchanges based on seasonality, timeshare

 5  unit size, or levels of occupancy, expressed in boldfaced

 6  type, and, in the event that such limitations, restrictions,

 7  or priorities are not uniformly applied by the exchange

 8  program, a clear description of the manner in which they are

 9  applied.

10         (j)  Whether exchanges are arranged on a

11  space-available basis and whether any guarantees of

12  fulfillment of specific requests for exchanges are made by the

13  exchange program.

14         (k)  Whether and under what circumstances a purchaser,

15  in dealing with the exchange program, may lose the use and

16  occupancy of her or his timeshare period in any properly

17  applied for exchange without her or his being provided with

18  substitute accommodations by the exchange program.

19         (l)  The fees or range of fees for membership or

20  participation by purchasers in the exchange program by

21  purchasers, including any conversion or other fees payable to

22  third parties, a statement whether any such fees may be

23  altered by the exchange company, and the circumstances under

24  which alterations may be made.

25         (m)  The name and address of the site of each

26  accommodation or facility included in the timeshare plan plans

27  participating in the exchange program.

28         (n)  The number of the timeshare units in each

29  timeshare plan which are available for occupancy and which

30  qualify for participation in the exchange program, expressed

31  

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 1  within the following numerical groupings: 1-5; 6-10; 11-20;

 2  21-50; and 51 and over.

 3         (o)  The number of currently enrolled purchasers for

 4  each timeshare plan participating in the exchange program,

 5  expressed within the following numerical groupings: 1-100;

 6  101-249; 250-499; 500-999; and 1,000 and over; and a statement

 7  of the criteria used to determine those purchasers who are

 8  currently enrolled with the exchange program.

 9         (p)  The disposition made by the exchange company of

10  timeshare periods deposited with the exchange program by

11  purchasers enrolled in the exchange program and not used by

12  the exchange company in effecting exchanges.

13         (q)  The following information, which shall be

14  independently audited by a certified public accountant or

15  accounting firm in accordance with the standards of the

16  Accounting Standards Board of the American Institute of

17  Certified Public Accountants and reported annually beginning

18  no later than July 1, 1982:

19         1.  The number of purchasers currently enrolled in the

20  exchange program.

21         2.  The number of accommodations and facilities that

22  have current written affiliation agreements with the exchange

23  program.

24         3.  The percentage of confirmed exchanges, which is the

25  number of exchanges confirmed by the exchange program divided

26  by the number of exchanges properly applied for, together with

27  a complete and accurate statement of the criteria used to

28  determine whether an exchange request was properly applied

29  for.

30         4.  The number of timeshare periods for which the

31  exchange program has an outstanding obligation to provide an

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 1  exchange to a purchaser who relinquished a timeshare period

 2  during the year in exchange for a timeshare period in any

 3  future year.

 4         5.  The number of exchanges confirmed by the exchange

 5  program during the year.

 6         (r)  A statement in boldfaced type to the effect that

 7  the percentage described in subparagraph (q)3. is a summary of

 8  the exchange requests entered with the exchange program in the

 9  period reported and that the percentage does not indicate the

10  probabilities of a purchaser's being confirmed to any specific

11  choice or range of choices.

12         (2)  Each exchange company offering an exchange program

13  to purchasers in this state shall file with the division for

14  review the information specified in subsection (1), together

15  with any membership agreement and application between the

16  purchaser and the exchange company, and the audit specified in

17  subsection (1) on or before June 1 of each year. However, an

18  exchange company shall make its initial filing at least 20

19  days prior to offering an exchange program to any purchaser in

20  this state. Each filing shall be accompanied by an annual

21  filing fee of $500. Within 20 days after of receipt of such

22  filing, the division shall determine whether the filing is

23  adequate to meet the requirements of this section and shall

24  notify the exchange company in writing that the division has

25  either approved the filing or found specified deficiencies in

26  the filing. If the division fails to respond within 20 days,

27  the filing shall be deemed approved. The exchange company may

28  correct the deficiencies; and, within 10 days after receipt of

29  corrections from the exchange company, the division shall

30  notify the exchange company in writing that the division has

31  either approved the filing or found additional specified

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 1  deficiencies in the filing. If the exchange company fails to

 2  adequately respond to any deficiency notice within 10 days,

 3  the division may reject the filing. Subsequent to such

 4  rejection, a new filing fee and a new division initial review

 5  period pursuant to this subsection shall apply to any refiling

 6  or further review of the rejected filing.

 7         (a)  Any material change to an approved exchange

 8  company filing shall be filed with the division for approval

 9  as an amendment prior to becoming effective. Each amendment

10  filing shall be accompanied by a filing fee of $100. The

11  exchange company may correct the deficiencies; and, within 10

12  days after receipt of corrections from the exchange company,

13  the division shall notify the exchange company in writing that

14  the division has either approved the filing or found

15  additional specified deficiencies in the filing. Each approved

16  amendment to the approved exchange company filing, other than

17  an amendment that does not materially alter or modify the

18  exchange program in a manner that is adverse to a purchaser,

19  as determined by the exchange company in its reasonable

20  discretion, shall be delivered to each purchaser who has not

21  closed.  An approved exchange program filing is required to be

22  updated with respect to added or deleted resorts only once

23  each year, and such annual update shall not be deemed to be a

24  material change to the filing.

25         (b)  If at any time the division determines that any of

26  such information supplied by an exchange company fails to meet

27  the requirements of this section, the division may undertake

28  enforcement action against the exchange company in accordance

29  with the provision of s. 721.26.

30         (3)  No developer shall have any liability with respect

31  to any violation of this chapter arising out of the

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 1  publication by the developer of information provided to it by

 2  an exchange company pursuant to this section. No exchange

 3  company shall have any liability with respect to any violation

 4  of this chapter arising out of the use by a developer of

 5  information relating to an exchange program other than that

 6  provided to the developer by the exchange company.

 7         (4)  At the request of the exchange company, the

 8  division shall review any audio, written, or visual

 9  publications or materials relating to an exchange company or

10  an exchange program shall be filed for review by the exchange

11  company and shall notify the exchange company of any

12  deficiencies within 10 with the division within 3 days after

13  the filing of their use. If the exchange company corrects the

14  deficiencies or if there are no deficiencies, the division

15  shall notify the exchange company of its approval of the

16  advertising materials.  If the exchange company fails to

17  adequately respond to any deficiency notice within 10 days,

18  the division may reject the advertising materials. Subsequent

19  to such rejection, a new division initial review period

20  pursuant to this subsection shall apply to any refiling or

21  further review.

22         (5)  The failure of an exchange company to observe the

23  requirements of this section, or the use of any unfair or

24  deceptive act or practice in connection with the operation of

25  an exchange program, is a violation of this chapter.

26         Section 18.  Section 721.19, Florida Statutes, is

27  amended to read:

28         721.19  Provisions requiring purchase or lease of

29  timeshare property by owners' association or purchasers;

30  validity.--In any timeshare plan in which timeshare estates or

31  personal property timeshare interests are sold, no grant or

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 1  reservation made by a declaration, lease, or other document,

 2  nor any contract made by the developer, managing entity, or

 3  owners' association, which requires the owners' association or

 4  purchasers to purchase or lease any portion of the timeshare

 5  property shall be valid unless approved by a majority of the

 6  purchasers other than the developer, after more than 50

 7  percent of the timeshare periods have been sold.

 8         Section 19.  Section 721.20, Florida Statutes, is

 9  amended to read:

10         721.20  Licensing requirements; suspension or

11  revocation of license; exceptions to applicability; collection

12  of advance fees for listings unlawful.--

13         (1)  Any seller of a timeshare plan must be a licensed

14  real estate salesperson, broker, or broker-salesperson as

15  defined in s. 475.01, except as provided in s. 475.011.

16         (2)  Solicitors who engage only in the solicitation of

17  prospective purchasers and any purchaser who refers no more

18  than 20 people to a developer per year or who otherwise

19  provides testimonials on behalf of a developer are exempt from

20  the provisions of chapter 475.

21         (3)  A solicitor who has violated the provisions of

22  chapter 468, chapter 718, chapter 719, this chapter, or the

23  rules of the division governing timesharing shall be subject

24  to the provisions of s. 721.26. Any developer or other person

25  who supervises, directs, or engages the services of a

26  solicitor shall be liable for any violation of the provisions

27  of chapter 468, chapter 718, chapter 719, this chapter, or the

28  rules of the division governing timesharing committed by such

29  solicitor.

30         (4)  County and municipal governments shall have the

31  authority to adopt codes of conduct and regulations to govern

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 1  solicitor activity conducted on public property, including

 2  providing for the imposition of penalties prescribed by a

 3  schedule of fines adopted by ordinance for violations of any

 4  such code of conduct or regulation. Any violation of any such

 5  adopted code of conduct or regulation shall not constitute a

 6  separate violation of this chapter. This subsection is not

 7  intended to restrict or invalidate any local code of conduct

 8  or regulation.

 9         (5)  This section does not apply to those individuals

10  who offer for sale only timeshare interests in timeshare

11  property located outside this state and who do not engage in

12  any sales activity within this state or to timeshare plans

13  which are registered with the Securities and Exchange

14  Commission. For the purposes of this section, both timeshare

15  licenses and timeshare estates are considered to be interests

16  in real property.

17         (6)  Notwithstanding the provisions of s. 475.452, it

18  is unlawful for any broker, salesperson, or broker-salesperson

19  to collect any advance fee for the listing of any timeshare

20  estate or timeshare license.

21         (7)  It is unlawful for any broker, salesperson, or

22  broker-salesperson to collect any advance fee for the listing

23  of a personal property timeshare interest.

24         (8)  Subsections (1), (2), and (3) do not apply to

25  persons who offer personal property timeshare plans.

26         Section 20.  Subsection (6) is added to section 721.24,

27  Florida Statutes, to read:

28         721.24  Firesafety.--

29         (6)  Accommodations and facilities of personal property

30  timeshare plans shall be exempt from the requirements of this

31  section.

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 1         Section 21.  Paragraphs (a), (d), and (e) of subsection

 2  (5) of section 721.26, Florida Statutes, are amended to read:

 3         721.26  Regulation by division.--The division has the

 4  power to enforce and ensure compliance with the provisions of

 5  this chapter, except for parts III and IV, using the powers

 6  provided in this chapter, as well as the powers prescribed in

 7  chapters 498, 718, and 719. In performing its duties, the

 8  division shall have the following powers and duties:

 9         (5)  Notwithstanding any remedies available to

10  purchasers, if the division has reasonable cause to believe

11  that a violation of this chapter, or of any division rule or

12  order promulgated or issued pursuant to this chapter, has

13  occurred, the division may institute enforcement proceedings

14  in its own name against any regulated party, as such term is

15  defined in this subsection:

16         (a)1.  "Regulated party," for purposes of this section,

17  means any developer, exchange company, seller, managing

18  entity, owners' association, owners' association director,

19  owners' association officer, manager, management firm, escrow

20  agent, trustee, any respective assignees or agents, or any

21  other person having duties or obligations pursuant to this

22  chapter.

23         2.  Any person who materially participates in any offer

24  or disposition of any interest in, or the management or

25  operation of, a timeshare plan in violation of this chapter or

26  relevant rules involving fraud, deception, false pretenses,

27  misrepresentation, or false advertising or the disbursement,

28  concealment, or diversion of any funds or assets, which

29  conduct adversely affects the interests of a purchaser, and

30  which person directly or indirectly controls a regulated party

31  or is a general partner, officer, director, agent, or employee

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 1  of such regulated party, shall be jointly and severally liable

 2  under this subsection with such regulated party, unless such

 3  person did not know, and in the exercise of reasonable care

 4  could not have known, of the existence of the facts giving

 5  rise to the violation of this chapter. A right of contribution

 6  shall exist among jointly and severally liable persons

 7  pursuant to this paragraph.

 8         (d)1.  The division may bring an action in circuit

 9  court for declaratory or injunctive relief or for other

10  appropriate relief, including restitution.

11         2.  The division shall have broad authority and

12  discretion to petition the circuit court to appoint a receiver

13  with respect to any managing entity which fails to perform its

14  duties and obligations under this chapter with respect to the

15  operation of a timeshare plan. The circumstances giving rise

16  to an appropriate petition for receivership under this

17  subparagraph include, but are not limited to:

18         a.  Damage to or destruction of any of the

19  accommodations or facilities of a timeshare plan, where the

20  managing entity has failed to repair or reconstruct same.

21         b.  A breach of fiduciary duty by the managing entity,

22  including, but not limited to, undisclosed self-dealing or

23  failure to timely assess, collect, or disburse the common

24  expenses of the timeshare plan.

25         c.  Failure of the managing entity to operate the

26  timeshare plan in accordance with the timeshare instrument and

27  this chapter.

28  

29  If, under the circumstances, it appears that the events giving

30  rise to the petition for receivership cannot be reasonably and

31  timely corrected in a cost-effective manner consistent with

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 1  the timeshare instrument, the receiver may petition the

 2  circuit court to implement such amendments or revisions to the

 3  timeshare instrument as may be necessary to enable the

 4  managing entity to resume effective operation of the timeshare

 5  plan, or to enter an order terminating the timeshare plan, or

 6  to enter such further orders regarding the disposition of the

 7  timeshare property as the court deems appropriate, including

 8  the disposition and sale of the timeshare property held by the

 9  owners' association or the purchasers. In the event of a

10  receiver's sale, all rights, title, and interest held by the

11  owners' association or any purchaser shall be extinguished and

12  title shall vest in the buyer. This provision applies to

13  timeshare estates, personal property timeshare interests, and

14  timeshare licenses. All reasonable costs and fees of the

15  receiver relating to the receivership shall become common

16  expenses of the timeshare plan upon order of the court.

17         3.  The division may revoke its approval of any filing

18  for any timeshare plan for which a petition for receivership

19  has been filed pursuant to this paragraph.

20         (e)1.  The division may impose a penalty against any

21  regulated party for a violation of this chapter or any rule

22  adopted thereunder. A penalty may be imposed on the basis of

23  each day of continuing violation, but in no event may the

24  penalty for any offense exceed $10,000. All accounts collected

25  shall be deposited with the Treasurer to the credit of the

26  Division of Florida Land Sales, Condominiums, and Mobile Homes

27  Trust Fund.

28         2.a.  If a regulated party fails to pay a penalty, the

29  division shall thereupon issue an order directing that such

30  regulated party cease and desist from further operation until

31  such time as the penalty is paid; or the division may pursue

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 1  enforcement of the penalty in a court of competent

 2  jurisdiction.

 3         b.  If an owners' association or managing entity fails

 4  to pay a civil penalty, the division may pursue enforcement in

 5  a court of competent jurisdiction.

 6         Section 22.  Section 721.52, Florida Statutes, is

 7  amended to read:

 8         721.52  Definitions.--As used in this chapter, the

 9  term:

10         (1)  "Applicable law" means the law of the jurisdiction

11  where the accommodations and facilities referred to are

12  located.

13         (2)  "Component site" means a specific geographic site

14  where a portion of the accommodations and facilities of the

15  multisite timeshare plan are located. If permitted under

16  applicable law, separate phases operated as a single

17  development located at a specific geographic site under common

18  management shall be deemed a single component site for

19  purposes of this part.

20         (3)  "Inventory" means the accommodations and

21  facilities located at a particular component site or sites

22  owned, leased, licensed, or otherwise acquired for use by a

23  developer and offered as part of the multisite timeshare plan.

24         (4)  "Multisite timeshare plan" means any method,

25  arrangement, or procedure with respect to which a purchaser

26  obtains, by any means, a recurring right to use and occupy

27  accommodations or facilities of more than one component site,

28  only through use of a reservation system, whether or not the

29  purchaser is able to elect to cease participating in the plan.

30  However, the term "multisite timeshare plan" shall not include

31  any method, arrangement, or procedure wherein:

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 1         (a)  The contractually specified maximum total

 2  financial obligation on the purchaser's part is $3,000 or

 3  less, during the entire term of the plan; or

 4         (b)  The term is for a period of 3 years or less,

 5  regardless of the purchaser's contractually specified maximum

 6  total financial obligation, if any. For purposes of

 7  determining the term of such use and occupancy rights, the

 8  period of any optional renewals which a purchaser, in his or

 9  her sole discretion, may elect to exercise, whether or not for

10  additional consideration, shall not be included. For purposes

11  of determining the term of such use and occupancy rights, the

12  period of any automatic renewals shall be included unless a

13  purchaser has the right to terminate the membership at any

14  time and receive a pro rata refund or the purchaser receives a

15  notice no less than 30 days and no more than 60 days prior to

16  the date of renewal informing the purchaser of the right to

17  terminate at any time prior to the date of automatic renewal.

18  

19  Multisite timeshare plan does not mean an exchange program as

20  defined in s. 721.05. Timeshare estates may only be offered in

21  a multisite timeshare plan pursuant to s. 721.57.

22         (5)  "Nonspecific multisite timeshare plan" means a

23  multisite timeshare plan containing timeshare licenses or

24  personal property timeshare interests, with respect to which a

25  purchaser receives a right to use all of the accommodations

26  and facilities, if any, of the multisite timeshare plan

27  through the reservation system, but no specific right to use

28  any particular accommodations and facilities for the remaining

29  term of the multisite timeshare plan in the event that the

30  reservation system is terminated for any reason prior to the

31  expiration of the term of the multisite timeshare plan.

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 1         (6)(5)  "Reservation system" means the method,

 2  arrangement, or procedure by which a purchaser, in order to

 3  reserve the use and occupancy of any accommodation or facility

 4  of the multisite timeshare plan for one or more use periods,

 5  is required to compete with other purchasers in the same

 6  multisite timeshare plan regardless of whether such

 7  reservation system is operated and maintained by the multisite

 8  timeshare plan managing entity, an exchange company, or any

 9  other person. In the event that a purchaser is required to use

10  an exchange program as the purchaser's principal means of

11  obtaining the right to use and occupy a multisite timeshare

12  plan's accommodations and facilities, such arrangement shall

13  be deemed a reservation system. When an exchange company

14  utilizes a mechanism for the exchange of use of timeshare

15  periods among members of an exchange program, such utilization

16  is not a reservation system of a multisite timeshare plan.

17         (7)  "Specific multisite timeshare plan" means a

18  multisite timeshare plan containing timeshare licenses or

19  personal property timeshare interests, with respect to which a

20  purchaser receives a specific right to use accommodations and

21  facilities, if any, at one component site of a multisite

22  timeshare plan, together with use rights in the other

23  accommodations and facilities of the multisite timeshare plan

24  created by or acquired through the reservation system.

25         (8)(6)  "Vacation club" means a multisite timeshare

26  plan.

27         Section 23.  Paragraph (a) of subsection (1) of section

28  721.53, Florida Statutes, is amended and paragraph (f) is

29  added to subsection (1) of that section, to read:

30         721.53  Subordination instruments; alternate security

31  arrangements.--

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 1         (1)  With respect to each accommodation or facility of

 2  a multisite timeshare plan, the developer shall provide the

 3  division with satisfactory evidence that one of the following

 4  has occurred with respect to each interestholder prior to

 5  offering the accommodation or facility as a part of the

 6  multisite timeshare plan:

 7         (a)  The interestholder has executed and recorded a

 8  nondisturbance and notice to creditors instrument pursuant to

 9  s. 721.08(2)(c).

10         (f)  With respect to any personal property

11  accommodations or facilities, the developer and any other

12  interestholder have complied fully with the applicable

13  provisions of s. 721.08.

14         Section 24.  Section 721.54, Florida Statutes, is

15  amended to read:

16         721.54  Term of nonspecific multisite timeshare

17  plans.--It shall be a violation of this part to represent to a

18  purchaser of a nonspecific multisite timeshare plan as defined

19  in s. 721.552(4) that the term of the plan for that purchaser

20  is longer than the shortest term of availability of any of the

21  accommodations included within the plan at the time of

22  purchase.

23         Section 25.  Section 721.55, Florida Statutes, is

24  amended to read:

25         721.55  Multisite timeshare plan public offering

26  statement.--Each filed registered public offering statement

27  for a multisite timeshare plan shall contain the information

28  required by this section and shall comply with the provisions

29  of s. 721.07, except as otherwise provided therein. The

30  division is authorized to provide by rule the method by which

31  a developer must provide such information to the division.

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 1  Each multisite timeshare plan filed registered public offering

 2  statement shall contain the following information and

 3  disclosures:

 4         (1)  A cover page containing:

 5         (a)  The name of the multisite timeshare plan.

 6         (b)  The following statement in conspicuous type:

 7  

 8         This public offering statement contains important

 9  matters to be considered in acquiring an interest in a

10  multisite timeshare plan (or multisite vacation ownership plan

11  or multisite vacation plan or vacation club). The statements

12  contained herein are only summary in nature. A prospective

13  purchaser should refer to all references, accompanying

14  exhibits, contract documents, and sales materials. The

15  prospective purchaser should not rely upon oral

16  representations as being correct and should refer to this

17  document and accompanying exhibits for correct

18  representations.

19  

20         (2)  A summary containing all statements required to be

21  in conspicuous type in the public offering statement and in

22  all exhibits thereto.

23         (3)  A separate index for the contents and exhibits of

24  the public offering statement.

25         (4)  A text, which shall include, where applicable, the

26  information and disclosures set forth in paragraphs (a)-(l).

27         (a)  A description of the multisite timeshare plan,

28  including its term, legal structure, and form of ownership.

29  For multisite timeshare plans in which the purchaser will

30  receive a timeshare estate pursuant to s. 721.57 and for or a

31  specific multisite timeshare plans license as defined in s.

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 1  721.552(4), the description must also include the term of each

 2  component site within the multisite timeshare plan.

 3         (b)  A description of the structure and ownership of

 4  the reservation system together with a disclosure of the

 5  entity responsible for the operation of the reservation

 6  system. The description shall include the financial terms of

 7  any lease of the reservation system, if applicable. The

 8  developer shall not be required to disclose the financial

 9  terms of any such lease if such lease is prepaid in full for

10  the term of the multisite timeshare plan or to any extent that

11  neither purchasers nor the managing entity will be required to

12  make payments for the continued use of the system following

13  default by the developer or termination of the managing

14  entity.

15         (c)1.  A description of the manner in which the

16  reservation system operates. The description shall include a

17  disclosure in compliance with the demand balancing standard

18  set forth in s. 721.56(6) and shall describe the developer's

19  efforts to comply with same in creating the reservation

20  system. The description shall also include a summary of the

21  rules and regulations governing access to and use of the

22  reservation system.

23         2.  In lieu of describing the rules and regulations of

24  the reservation system in the public offering statement text,

25  the developer may attach the rules and regulations as a

26  separate public offering statement exhibit, together with a

27  cross-reference in the public offering statement text to such

28  exhibit.

29         (d)  The existence of and an explanation regarding any

30  priority reservation features that affect a purchaser' s

31  ability to make reservations for the use of a given

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 1  accommodation or facility on a first come, first served basis,

 2  including, if applicable, the following statement in

 3  conspicuous type:

 4  

 5         Component sites contained in the multisite timeshare

 6  plan (or multisite vacation ownership plan or multisite

 7  vacation plan or vacation club) are subject to priority

 8  reservation features which may affect your ability to obtain a

 9  reservation.

10  

11         (e)  A summary of the material rules and regulations,

12  if any, other than the reservation system rules and

13  regulations, affecting the purchaser's use of each

14  accommodation and facility at each component site.

15         (f)  If the provisions of s. 721.552 and the timeshare

16  instrument permit additions, substitutions, or deletions of

17  accommodations or facilities, the public offering statement

18  must include substantially the following information:

19         1.  Additions.--

20         a.  A description of the basis upon which new

21  accommodations and facilities may be added to the multisite

22  timeshare plan; by whom additions may be made; and the

23  anticipated effect of the addition of new accommodations and

24  facilities upon the reservation system, its priorities, its

25  rules and regulations, and the availability of existing

26  accommodations and facilities.

27         b.  The developer must disclose the existence of any

28  cap on annual increases in common expenses of the multisite

29  timeshare plan that would apply in the event that additional

30  accommodations and facilities are made a part of the plan.

31  

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 1         c.  The developer shall also disclose any extent to

 2  which the purchasers of the multisite timeshare plan will have

 3  the right to consent to any proposed additions; if the

 4  purchasers do not have the right to consent, the developer

 5  must include the following disclosure in conspicuous type:

 6  

 7         Accommodations and facilities may be added to this

 8  multisite timeshare plan (or multisite vacation ownership plan

 9  or multisite vacation plan or vacation club) without the

10  consent of the purchasers. The addition of accommodations and

11  facilities to the plan may result in the addition of new

12  purchasers who will compete with existing purchasers in making

13  reservations for the use of available accommodations and

14  facilities within the plan, and may also result in an increase

15  in the annual assessment against purchasers for common

16  expenses.

17  

18         2.  Substitutions.--

19         a.  A description of the basis upon which new

20  accommodations and facilities may be substituted for existing

21  accommodations and facilities of the multisite timeshare plan;

22  by whom substitutions may be made; the basis upon which the

23  determination may be made to cause such substitutions to

24  occur; and any limitations upon the ability to cause

25  substitutions to occur.

26         b.  The developer shall also disclose any extent to

27  which purchasers will have the right to consent to any

28  proposed substitutions; if the purchasers do not have the

29  right to consent, the developer must include the following

30  disclosure in conspicuous type:

31  

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 1         New accommodations and facilities may be substituted

 2  for existing accommodations and facilities of this multisite

 3  timeshare plan (or multisite vacation ownership plan or

 4  multisite vacation plan or vacation club) without the consent

 5  of the purchasers. The replacement accommodations and

 6  facilities may be located at a different place or may be of a

 7  different type or quality than the replaced accommodations and

 8  facilities. The substitution of accommodations and facilities

 9  may also result in an increase in the annual assessment

10  against purchasers for common expenses.

11  

12         3.  Deletions.--A description of any provision of the

13  timeshare instrument governing deletion of accommodations or

14  facilities from the multisite timeshare plan. If the timeshare

15  instrument does not provide for business interruption

16  insurance in the event of a casualty, or if it is unavailable,

17  or if the instrument permits the developer, the managing

18  entity, or the purchasers to elect not to reconstruct after

19  casualty under certain circumstances or to secure replacement

20  accommodations or facilities in lieu of reconstruction, the

21  public offering statement must contain a disclosure that

22  during the reconstruction, replacement, or acquisition period,

23  or as a result of a decision not to reconstruct, purchasers of

24  the plan may temporarily compete for available accommodations

25  on a greater than one-to-one purchaser to accommodation ratio.

26         (g)  A description of the developer and the managing

27  entity of the multisite timeshare plan, including:

28         1.  The identity of the developer; the developer's

29  business address; the number of years of experience the

30  developer has in the timeshare, hotel, motel, travel, resort,

31  or leisure industries; and a description of any pending

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 1  lawsuit or judgment against the developer which is material to

 2  the plan. If there are no such pending lawsuits or judgments,

 3  there shall be a statement to that effect.

 4         2.  The identity of the managing entity of the

 5  multisite timeshare plan; the managing entity's business

 6  address; the number of years of experience the managing entity

 7  has in the timeshare, hotel, motel, travel, resort, or leisure

 8  industries; and a description of any lawsuit or judgment

 9  against the managing entity which is material to the plan. If

10  there are no pending lawsuits or judgments, there shall be a

11  statement to that effect. The description of the managing

12  entity shall also include a description of the relationship

13  among the managing entity of the multisite timeshare plan and

14  the various component site managing entities.

15         (h)  A description of the purchaser's liability for

16  common expenses of the multisite timeshare plan, including the

17  following:

18         1.  A description of the common expenses of the plan,

19  including the method of allocation and assessment of such

20  common expenses, whether component site common expenses and

21  real estate taxes are included within the total common expense

22  assessment of the multisite timeshare plan, and, if not, the

23  manner in which timely payment of component site common

24  expenses and real estate taxes shall be accomplished.

25         2.  A description of any cap imposed upon the level of

26  common expenses payable by the purchaser. In no event shall

27  the total common expense assessment for the multisite

28  timeshare plan in a given calendar year exceed 125 percent of

29  the total common expense assessment for the plan in the

30  previous calendar year.

31  

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 1         3.  A description of the entity responsible for the

 2  determination of the common expenses of the multisite

 3  timeshare plan, as well as any entity which may increase the

 4  level of common expenses assessed against the purchaser at the

 5  multisite timeshare plan level.

 6         4.  A description of the method used to collect common

 7  expenses, including the entity responsible for such

 8  collections, and the lien rights of any entity for nonpayment

 9  of common expenses. If the common expenses of any component

10  site are collected by the managing entity of the multisite

11  timeshare plan, a statement to that effect together with the

12  identity and address of the escrow agent required by s.

13  721.56(3).

14         5.  If the purchaser will receive an interest in a

15  nonspecific multisite timeshare plan license as defined in s.

16  721.552(4), a statement that a multisite timeshare plan budget

17  is attached to the public offering statement as an exhibit

18  pursuant to paragraph (7)(c). The multisite timeshare plan

19  budget shall comply with the provisions of s. 721.07(5)(u).

20         6.  If the developer intends to guarantee the level of

21  assessments for the multisite timeshare plan, such guarantee

22  must be based upon a good faith estimate of the revenues and

23  expenses of the multisite timeshare plan. The guarantee must

24  include a description of the following:

25         a.  The specific time period, measured in one or more

26  calendar or fiscal years, during which the guarantee will be

27  in effect.

28         b.  A statement that the developer will pay all common

29  expenses incurred in excess of the total revenues of the

30  multisite timeshare plan, if the developer is to be excused

31  from the payment of assessments during the guarantee period.

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 1         c.  The level, expressed in total dollars, at which the

 2  developer guarantees the assessments. If the developer has

 3  reserved the right to extend or increase the guarantee level,

 4  a disclosure must be included to that effect.

 5         7.  If required under applicable law, the developer

 6  shall also disclose the following matters for each component

 7  site:

 8         a.  Any limitation upon annual increases in common

 9  expenses;

10         b.  The existence of any bad debt or working capital

11  reserve; and

12         c.  The existence of any replacement or deferred

13  maintenance reserve.

14         (i)  If there are any restrictions upon the sale,

15  transfer, conveyance, or leasing of an interest in a multisite

16  timeshare plan, a description of the restrictions together

17  with a statement in conspicuous type in substantially the

18  following form:

19  

20         The sale, lease, or transfer of interests in this

21  multisite timeshare plan is restricted or controlled.

22  

23         (j)  The following statement in conspicuous type in

24  substantially the following form:

25  

26         The purchase of an interest in a multisite timeshare

27  plan (or multisite vacation ownership plan or multisite

28  vacation plan or vacation club) should be based upon its value

29  as a vacation experience or for spending leisure time, and not

30  considered for purposes of acquiring an appreciating

31  

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 1  investment or with an expectation that the interest may be

 2  resold.

 3  

 4         (k)  If the multisite timeshare plan provides

 5  purchasers with the opportunity to participate in an exchange

 6  program, a description of the name and address of the exchange

 7  company and the method by which a purchaser accesses the

 8  exchange program. In lieu of this requirement, the public

 9  offering statement text may contain a cross-reference to other

10  provisions in the public offering statement or in an exhibit

11  containing this information.

12         (l)  A description of each component site, which

13  description may be disclosed in a written, graphic, tabular,

14  or other form approved by the division. The description of

15  each component site shall include the following information:

16         1.  The name and address of each component site.

17         2.  The number of accommodations, timeshare interests,

18  and timeshare periods, expressed in periods of 7-day use

19  availability, committed to the multisite timeshare plan and

20  available for use by purchasers.

21         3.  Each type of accommodation in terms of the number

22  of bedrooms, bathrooms, sleeping capacity, and whether or not

23  the accommodation contains a full kitchen. For purposes of

24  this description, a full kitchen shall mean a kitchen having a

25  minimum of a dishwasher, range, sink, oven, and refrigerator.

26         4.  A description of facilities available for use by

27  the purchaser at each component site, including the following:

28         a.  The intended use of the facility, if not apparent

29  from the description.

30         b.  Any user fees associated with a purchaser's use of

31  the facility.

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 1         5.  A cross-reference to the location in the public

 2  offering statement of the description of any priority

 3  reservation features which may affect a purchaser's ability to

 4  obtain a reservation in the component site.

 5         (5)  Such other information as the division determines

 6  is necessary to fairly, meaningfully, and effectively disclose

 7  all aspects of the multisite timeshare plan, including, but

 8  not limited to, any disclosures made necessary by the

 9  operation of s. 721.03(8). However, if a developer has, in

10  good faith, attempted to comply with the requirements of this

11  section, and if, in fact, the developer has substantially

12  complied with the disclosure requirements of this chapter,

13  nonmaterial errors or omissions shall not be actionable.

14         (6)  Any other information that the developer, with the

15  approval of the division, desires to include in the public

16  offering statement text.

17         (7)  The following documents shall be included as

18  exhibits to the filed registered public offering statement, if

19  applicable:

20         (a)  The timeshare instrument.

21         (b)  The reservation system rules and regulations.

22         (c)  The multisite timeshare plan budget pursuant to

23  subparagraph (4)(h)5.

24         (d)  Any document containing the material rules and

25  regulations described in paragraph (4)(e).

26         (e)  Any contract, agreement, or other document through

27  which component sites are affiliated with the multisite

28  timeshare plan.

29         (f)  Any escrow agreement required pursuant to s.

30  721.08 or s. 721.56(3).

31  

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 1         (g)  The form agreement for sale or lease of an

 2  interest in the multisite timeshare plan.

 3         (h)  The form receipt for multisite timeshare plan

 4  documents required to be given to the purchaser pursuant to s.

 5  721.551(2)(b).

 6         (i)  The description of documents list required to be

 7  given to the purchaser by s. 721.551(2)(b).

 8         (j)  The component site managing entity affidavit or

 9  statement required by s. 721.56(1).

10         (k)  Any subordination instrument required by s.

11  721.53.

12         (l)1.  If the multisite timeshare plan contains any

13  component sites located in this state, the information

14  required by s. 721.07(5) pertaining to each such component

15  site unless exempt pursuant to s. 721.03.

16         2.  If the purchaser will receive a timeshare estate

17  pursuant to s. 721.57, or an interest in a specific multisite

18  timeshare plan, license as defined in s. 721.552(4) in a

19  component site located outside of this state but which is

20  offered in this state, the information required by s.

21  721.07(5) pertaining to that component site,; provided,

22  however, that the provisions of s. 721.07(5)(u) shall only

23  require disclosure of information related to the estimated

24  budget for the timeshare plan and purchaser's expenses as

25  required by the jurisdiction in which the component site is

26  located.

27         (8)(a)  A timeshare plan containing only one component

28  site must be filed with the division as a multisite timeshare

29  plan if the timeshare instrument reserves the right for the

30  developer to add future component sites. However, if the

31  developer fails to add at least one additional component site

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 1  to a timeshare plan described in this paragraph within 3 years

 2  after the date the plan is initially filed with the division,

 3  the multisite filing for such plan shall thereupon terminate,

 4  and the developer may not thereafter offer any further

 5  interests in such plan unless and until he or she refiles such

 6  plan with the division pursuant to this chapter.

 7         (b)  The public offering statement for any timeshare

 8  plan described in paragraph (a) must include the following

 9  disclosure in conspicuous type:

10  

11         This timeshare plan has been filed as a multisite

12  timeshare plan (or multisite vacation ownership plan or

13  multisite vacation plan or vacation club); however, this plan

14  currently contains only one component site. The developer is

15  not required to add any additional component sites to the

16  plan. Do not purchase an interest in this plan in reliance

17  upon the addition of any other component sites.

18         Section 26.  Paragraphs (b), (c), and (f) of subsection

19  (2) of section 721.551, Florida Statutes, are amended to read:

20         721.551  Delivery of multisite timeshare plan purchaser

21  public offering statement.--

22         (2)  The developer shall furnish each purchaser with

23  the following:

24         (b)  A receipt for multisite timeshare plan documents

25  and a list describing any exhibit to the filed registered

26  public offering statement which is not delivered to the

27  purchaser. The division is authorized to prescribe by rule the

28  form of the receipt for multisite timeshare plan documents and

29  the description of exhibits list that must be furnished to the

30  purchaser pursuant to this section.

31  

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 1         (c)  If the purchaser will receive a timeshare estate

 2  pursuant to s. 721.57, or an interest in a specific multisite

 3  timeshare plan, license as defined in s. 721.552(4) in a

 4  component site located in this state, the developer shall also

 5  furnish the purchaser with the information required to be

 6  delivered pursuant to s. 721.07(6)(a) and (b) for the

 7  component site in which the purchaser will receive an estate

 8  or interest in a specific multisite timeshare plan license.

 9         (f)  The developer shall be required to provide the

10  managing entity of the multisite timeshare plan with a copy of

11  the approved filed registered public offering statement and

12  any approved amendments thereto to be maintained by the

13  managing entity as part of the books and records of the

14  timeshare plan pursuant to s. 721.13(3)(d).

15         Section 27.  Paragraph (a) of subsection (2), paragraph

16  (c) of subsection (3), and subsections (4) and (5) of section

17  721.552, Florida Statutes, are amended to read:

18         721.552  Additions, substitutions, or deletions of

19  component site accommodations or facilities; purchaser

20  remedies for violations.--Additions, substitutions, or

21  deletions of component site accommodations or facilities may

22  be made only in accordance with the following:

23         (2)  SUBSTITUTIONS.--

24         (a)  Substitutions are available only for nonspecific

25  multisite timeshare license plans as defined in subsection

26  (4). Specific multisite timeshare license plans or as defined

27  in subsection (4) and plans offering timeshare estates

28  pursuant to s. 721.57 may not contain an accommodation

29  substitution right.

30         (3)  DELETIONS.--

31  

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 1         (c)  Automatic deletion.--The timeshare instrument may

 2  provide that a component site will be automatically deleted

 3  upon the expiration of its term in a timeshare plan other than

 4  a nonspecific multisite timeshare license plan or as otherwise

 5  provided in the timeshare instrument. However, the timeshare

 6  instrument must also provide that in the event a component

 7  site is deleted from the plan in this manner, a sufficient

 8  number of purchasers of the plan will also be deleted so as to

 9  maintain no greater than a one-to-one purchaser to

10  accommodation ratio.

11         (4)  SPECIFIC AND NONSPECIFIC TIMESHARE LICENSES.--For

12  purposes of this chapter, a specific timeshare license means

13  one with respect to which a purchaser receives a specific

14  right to use accommodations and facilities, if any, at one

15  component site of a multisite timeshare plan, together with

16  use rights in the other accommodations and facilities of the

17  multisite timeshare plan created by or acquired through the

18  reservation system. For purposes of this chapter, a

19  nonspecific timeshare license means one with respect to which

20  a purchaser receives a right to use all of the accommodations

21  and facilities, if any, of a multisite timeshare plan through

22  the reservation system, but no specific right to use any

23  particular accommodations and facilities for the remaining

24  term of the multisite timeshare plan in the event that the

25  reservation system is terminated for any reason prior to the

26  expiration of the term of the multisite timeshare plan.

27         (4)(5)  VIOLATIONS; PURCHASER REMEDIES.--All purchaser

28  remedies pursuant to s. 721.21 shall be available for any

29  violation of the provisions of this section.

30         Section 28.  Subsections (4) and (5) of section 721.56,

31  Florida Statutes, are amended to read:

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 1         721.56  Management of multisite timeshare plans;

 2  reservation systems; demand balancing.--

 3         (4)  The managing entity of a multisite timeshare plan

 4  shall comply fully with the requirements of s. 721.13, subject

 5  to the provisions of s. 721.13(11) for personal property

 6  timeshare plans; however, with respect to a given component

 7  site, the managing entity of the multisite timeshare plan

 8  shall not be responsible for compliance as the managing entity

 9  of that component site unless the managing entity of the

10  multisite timeshare plan is also the managing entity of that

11  component site. Unless the timeshare instrument provides

12  otherwise, the operator of the reservation system is the

13  managing entity of a multisite timeshare plan.

14         (5)(a)1.  The reservation system is a facility of any

15  nonspecific timeshare license multisite timeshare plan as

16  defined in s. 721.552(4). The reservation system is not a

17  facility of any specific timeshare license multisite timeshare

18  plan as defined in s. 721.552(4), nor is it a facility of any

19  multisite timeshare plan in which timeshare estates are

20  offered pursuant to s. 721.57.

21         2.  The reservation system of any multisite timeshare

22  plan shall include any computer software and hardware employed

23  for the purpose of enabling or facilitating the operation of

24  the reservation system. Nothing contained in this part shall

25  preclude a manager or management firm that is serving as

26  managing entity of a multisite timeshare plan from providing

27  in its contract with the purchasers or owners' association of

28  the multisite timeshare plan or in the timeshare instrument

29  that the manager or management firm owns the reservation

30  system and that the managing entity shall continue to own the

31  

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 1  reservation system in the event the purchasers discharge the

 2  managing entity pursuant to s. 721.14.

 3         (b)  In the event of a termination of a managing entity

 4  of a nonspecific license multisite timeshare plan as defined

 5  in s. 721.552(4), which managing entity owns the reservation

 6  system, irrespective of whether the termination is voluntary

 7  or involuntary and irrespective of the cause of such

 8  termination, in addition to any other remedies available to

 9  purchasers in this part, the terminated managing entity shall,

10  prior to such termination, establish a trust meeting the

11  criteria set forth in this paragraph. It is the intent of the

12  Legislature that this trust arrangement provide for an

13  adequate period of continued operation of the reservation

14  system of the multisite timeshare plan, during which period

15  the new managing entity shall make provision for the

16  acquisition of a substitute reservation system.

17         1.  The trust shall be established with an independent

18  trustee. Both the terminated managing entity and the new

19  managing entity shall attempt to agree on an acceptable

20  trustee. In the event they cannot agree on an acceptable

21  trustee, they shall each designate a nominee, and the two

22  nominees shall select the trustee.

23         2.  The terminated managing entity shall take all steps

24  necessary to enable the trustee or the trustee's designee to

25  operate the reservation system in the same manner as provided

26  in the timeshare instrument and the public offering statement.

27  The trustee may, but shall not be required to, contract with

28  the terminated managing entity for the continued operation of

29  the reservation system. In the event the trustee elects to

30  contract with the terminated managing entity, that managing

31  entity shall be required to operate the reservation system and

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 1  shall be entitled to payment for that service. The payment

 2  shall in no event exceed the amount previously paid to the

 3  terminated managing entity for operation of the reservation

 4  system.

 5         3.  The trust shall remain in effect for a period of no

 6  longer than 1 year following the date of termination of the

 7  managing entity.

 8         4.  Nothing contained in this subsection shall abrogate

 9  or otherwise interfere with any proprietary rights in the

10  reservation system that have been reserved by the discharged

11  managing entity, in its management contract or otherwise, so

12  long as such proprietary rights are not asserted in a manner

13  that would prevent the continued operation of the reservation

14  system as contemplated in this subsection.

15         (c)  In the event of a termination of a managing entity

16  of a timeshare estate or specific license multisite timeshare

17  plan as defined in s. 721.552(4), which managing entity owns

18  the reservation system, irrespective of whether the

19  termination is voluntary or involuntary and irrespective of

20  the cause of such termination, in addition to any other

21  remedies available to purchasers in this part, the terminated

22  managing entity shall, prior to such termination, promptly

23  transfer to each component site managing entity all relevant

24  data contained in the reservation system with respect to that

25  component site, including, but not limited to:

26         1.  The names, addresses, and reservation status of

27  component site accommodations.

28         2.  The names and addresses of all purchasers of

29  timeshare interests at that component site.

30         3.  All outstanding confirmed reservations and

31  reservation requests for that component site.

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 1         4.  Such other component site records and information

 2  as are necessary, in the reasonable discretion of the

 3  component site managing entity, to permit the uninterrupted

 4  operation and administration of the component site, provided

 5  that a given component site managing entity shall not be

 6  entitled to any information regarding other component sites or

 7  regarding the terminated multisite timeshare plan managing

 8  entity.

 9  

10  All reasonable costs incurred by the terminated managing

11  entity in effecting the transfer of information required by

12  this paragraph shall be reimbursed to the terminated managing

13  entity on a pro rata basis by each component site, and the

14  amount of such reimbursement shall constitute a common expense

15  of each component site.

16         Section 29.  Subsection (2) of section 721.57, Florida

17  Statutes, is amended to read:

18         721.57  Offering of timeshare estates in multisite

19  timeshare plans; required provisions in the timeshare

20  instrument.--

21         (2)  The timeshare instrument of a multisite timeshare

22  plan in which timeshare estates are offered, other than a

23  trust meeting the requirements of s. 721.08, must contain or

24  provide for all of the following matters:

25         (a)  The purchaser will receive a timeshare estate as

26  defined in s. 721.05 in one of the component sites of the

27  multisite timeshare plan. The use rights in the other

28  component sites of the multisite timeshare plan shall be made

29  available to the purchaser through the reservation system

30  pursuant to the timeshare instrument.

31  

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 1         (b)  In the event that the reservation system is

 2  terminated or otherwise becomes unavailable for any reason

 3  prior to the expiration of the term of the multisite timeshare

 4  plan:

 5         1.  The purchaser will be able to continue to use the

 6  accommodations and facilities of the component site in which

 7  she or he has been conveyed a timeshare estate in the manner

 8  described in the timeshare instrument for the remaining term

 9  of the timeshare estate; and

10         2.  Any use rights in that component site which had

11  previously been made available through the reservation system

12  to purchasers of the multisite timeshare plan who were not

13  offered a timeshare estate at that component site will

14  terminate when the reservation system is terminated or

15  otherwise becomes unavailable for any reason.

16         Section 30.  Subsection (6) of section 721.84, Florida

17  Statutes, is amended to read:

18         721.84  Appointment of a registered agent; duties.--

19         (6)  Unless otherwise provided in this section, a

20  registered agent in receipt of any notice or other document

21  addressed from the lienholder to the obligor in care of the

22  registered agent at the registered office must mail, by first

23  class mail if the obligor's address is within the United

24  States, and by international air mail if the obligor's address

25  is outside the United States, with postage fees prepaid, such

26  notice or documents to the obligor at the obligor's last

27  designated address within 5 days after of receipt.

28         Section 31.  Section 721.96, Florida Statutes, is

29  amended to read:

30         721.96  Purpose.--The purpose of this part is to

31  provide for the appointment of commissioners of deeds to take

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 1  acknowledgments, proofs of execution, and oaths outside the

 2  United States in connection with the execution of any deed,

 3  mortgage, deed of trust, contract, power of attorney, or any

 4  other agreement, instrument or writing concerning, relating

 5  to, or to be used or recorded in connection with a timeshare

 6  estate, personal property timeshare interest, timeshare

 7  license, any property subject to a timeshare plan, or the

 8  operation of a timeshare plan located within this state.

 9         Section 32.  Subsection (1) of section 721.97, Florida

10  Statutes, is amended to read:

11         721.97  Timeshare commissioner of deeds.--

12         (1)  The Governor may appoint commissioners of deeds to

13  take acknowledgments, proofs of execution, or oaths in any

14  foreign country. The term of office is 4 years. Commissioners

15  of deeds shall have authority to take acknowledgments, proofs

16  of execution, and oaths in connection with the execution of

17  any deed, mortgage, deed of trust, contract, power of

18  attorney, or any other writing to be used or recorded in

19  connection with a timeshare estate, personal property

20  timeshare interest, timeshare license, any property subject to

21  a timeshare plan, or the operation of a timeshare plan located

22  within this state; provided such instrument or writing is

23  executed outside the United States. Such acknowledgments,

24  proofs of execution, and oaths must be taken or made in the

25  manner directed by the laws of this state, including but not

26  limited to s. 117.05(4), (5)(a), and (6), Florida Statutes

27  1997, and certified by a commissioner of deeds. The

28  certification must be endorsed on or annexed to the instrument

29  or writing aforesaid and has the same effect as if made or

30  taken by a notary public licensed in this state.

31  

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 1         Section 33.  With respect to any timeshare plan or

 2  exchange program filing approved by the Division of Florida

 3  Land Sales, Condominiums, and Mobile Homes of the Department

 4  of Business and Professional Regulation prior to the date this

 5  act becomes a law, the amendments made by this act to section

 6  721.06(1)(g)2., section 721.07(2)(d)1. and (5)(c)4., section

 7  721.075(2)(e), section 721.18(1)(l) and (m), or section

 8  721.27, Florida Statutes, shall not apply to such filing until

 9  the earlier of January 1, 2004, or the date that any amendment

10  to such filing is made subsequent to the date this act becomes

11  a law. With respect to any timeshare plan filing approved by

12  the division prior to the date this act becomes a law, the

13  amendments made by this act to section 721.08(3)(a), Florida

14  Statutes, shall not apply to the nondisturbance and

15  notice-to-creditors instrument required by section 721.08,

16  Florida Statutes, unless and only to the extent that the

17  developer otherwise voluntarily complies with all or a portion

18  of such provisions.

19         Section 34.  This act shall take effect upon becoming a

20  law.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                            CS/SB 2534

24                                 

25  This CS/CS makes a number of technical changes to the CS, and
    removes the decrease in fees proposed in the CS.
26  

27  

28  

29  

30  

31  

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