HB 0547 2003
   
1 A bill to be entitled
2          An act relating to real property reform; creating the
3    Mandated Property Reform Task Force; providing for
4    appointment of members and organization; specifying
5    duties; providing for termination; providing an
6    appropriation; providing an effective date.
7         
8          Be It Enacted by the Legislature of the State of Florida:
9         
10          Section 1. Mandated Property Reform Task Force;
11    membership; duties.--
12          (1) The Mandated Property Reform Task Force is established
13    and shall review and recommend appropriate changes to the laws
14    of this state affecting land sales, exemptions, and mandatory
15    homeowners’ and condominium associations and disclosure laws
16    related to adult and residential subdivisions. The task force
17    shall issue recommendations in its preliminary and final reports
18    to the Governor and the Legislature by the dates specified in
19    subsection (5). The Senate Regulated Industries Committee and
20    the House Judiciary Committee shall provide administrative staff
21    for the task force. The task force shall consist of the
22    following members, who shall be appointed by July 1, 2003:
23          (a) Eleven members to be appointed by the Governor.
24          (b) Five members to be appointed by the President of the
25    Senate.
26          (c) Five members to be appointed by the Speaker of the
27    House of Representatives.
28          (d) A representative from the Attorney General’s office.
29          (e) Five members of the Legislature who shall be ex
30    officio, nonvoting members of the task force, appointed as
31    follows:
32          1. Three Senators, to be appointed by the President of the
33    Senate, one of whom is a member of the Senate Agriculture
34    Committee, one of whom is a member of the Senate Judiciary
35    Committee, and one of whom is a member of the Senate Regulated
36    Industries Committee.
37          2. Two Representatives to be appointed by the Speaker of
38    the House of Representatives, one of whom is a member of the
39    House Committee on Business Regulation and one of whom is a
40    member of the House Committee on Judiciary.
41          (f) Twelve members representing homeowners’ rights and
42    consumer interests who shall be selected from a pool of
43    candidates solicited for appointment by the Governor, the
44    President of the Senate, and the Speaker of the House of
45    Representatives, six of whom shall be appointed by the Governor,
46    three of whom shall be appointed by the President of the Senate,
47    and three of whom shall be appointed by the Speaker of the House
48    of Representatives.
49          (2) Selection of task force members shall be made in a
50    manner which ensures a fair and balanced representation from the
51    industry sector and consumer advocates with a substantial public
52    record of endeavors on behalf of homeowners’ rights and consumer
53    interests.
54          (a) Each appointed member of the task force shall serve at
55    the pleasure of the appointing official. A vacancy on the task
56    force shall be filled in the same manner as the original
57    appointment.
58          (b) The task force shall elect a chair from among its
59    members.
60          (c) Members of the task force shall serve without
61    compensation but are entitled to reimbursement for per diem and
62    travel expenses incurred in the performance of their duties as
63    provided in s. 112.061, Florida Statutes.
64          (3) The task force shall hold its organizational meeting
65    by August 1, 2003, and thereafter shall meet as scheduled at the
66    time and place designated by the chair. A majority of the
67    members of the task force constitutes a quorum, and a quorum is
68    necessary for the purpose of conducting official business of the
69    task force. The task force shall use accepted rules of
70    procedure to conduct its meetings and shall keep a complete
71    record of each meeting.
72          (4) The task force shall evaluate the changes and
73    additions, if any, to those laws which may be appropriate to
74    protect the interests of consumers and property owners on
75    matters including, but not limited to, control of the
76    homeowners’ association’s operations, management and
77    maintenance, disclosure of financial reports by developers or
78    owners, disclosure of all governing documents governing the real
79    property, penalties for noncompliance, oversight and funding for
80    such protection of interests, alternative dispute resolution,
81    and assistance in the formulation of rules to implement
82    enforcement.
83          (5)(a) By February 1, 2004, the task force shall submit a
84    preliminary report to the Governor, the President of the Senate,
85    and the Speaker of the House of Representatives.
86          (b) By February 1, 2005, the task force shall submit a
87    final report to the Governor, the President of the Senate, and
88    the Speaker of the House of Representatives.
89          (6) This act is repealed and the task force is terminated
90    on June 30, 2005.
91          Section 2. The sum of $50,000 is appropriated from the
92    General Revenue Fund to the Office of Legislative Services for
93    the purposes of paying administrative expenses and funding
94    contracts necessary to carry out the provisions of this act.
95          Section 3. This act shall take effect upon becoming a law.