|
|||
| 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. | ||