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A bill to be entitled |
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An act relating to real property reform; creating the |
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Mandated Property Reform Task Force; providing for |
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appointment of members and organization; specifying |
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duties; providing for termination; providing an |
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appropriation; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Mandated Property Reform Task Force; |
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membership; duties.--
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(1) The Mandated Property Reform Task Force is established |
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and shall review and recommend appropriate changes to the laws |
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of this state affecting land sales, exemptions, and mandatory |
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homeowners’ and condominium associations and disclosure laws |
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related to adult and residential subdivisions. The task force |
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shall issue recommendations in its preliminary and final reports |
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to the Governor and the Legislature by the dates specified in |
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subsection (5). The Senate Regulated Industries Committee and |
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the House Judiciary Committee shall provide administrative staff |
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for the task force. The task force shall consist of the |
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following members, who shall be appointed by July 1, 2003:
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(a) Eleven members to be appointed by the Governor.
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(b) Five members to be appointed by the President of the |
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Senate.
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(c) Five members to be appointed by the Speaker of the |
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House of Representatives.
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(d) A representative from the Attorney General’s office.
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(e) Five members of the Legislature who shall be ex |
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officio, nonvoting members of the task force, appointed as |
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follows:
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1. Three Senators, to be appointed by the President of the |
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Senate, one of whom is a member of the Senate Agriculture |
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Committee, one of whom is a member of the Senate Judiciary |
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Committee, and one of whom is a member of the Senate Regulated |
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Industries Committee.
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2. Two Representatives to be appointed by the Speaker of |
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the House of Representatives, one of whom is a member of the |
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House Committee on Business Regulation and one of whom is a |
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member of the House Committee on Judiciary.
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(f) Twelve members representing homeowners’ rights and |
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consumer interests who shall be selected from a pool of |
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candidates solicited for appointment by the Governor, the |
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President of the Senate, and the Speaker of the House of |
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Representatives, six of whom shall be appointed by the Governor, |
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three of whom shall be appointed by the President of the Senate, |
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and three of whom shall be appointed by the Speaker of the House |
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of Representatives.
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(2) Selection of task force members shall be made in a |
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manner which ensures a fair and balanced representation from the |
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industry sector and consumer advocates with a substantial public |
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record of endeavors on behalf of homeowners’ rights and consumer |
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interests.
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(a) Each appointed member of the task force shall serve at |
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the pleasure of the appointing official. A vacancy on the task |
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force shall be filled in the same manner as the original |
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appointment.
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(b) The task force shall elect a chair from among its |
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members.
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(c) Members of the task force shall serve without |
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compensation but are entitled to reimbursement for per diem and |
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travel expenses incurred in the performance of their duties as |
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provided in s. 112.061, Florida Statutes.
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(3) The task force shall hold its organizational meeting |
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by August 1, 2003, and thereafter shall meet as scheduled at the |
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time and place designated by the chair. A majority of the |
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members of the task force constitutes a quorum, and a quorum is |
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necessary for the purpose of conducting official business of the |
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task force. The task force shall use accepted rules of |
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procedure to conduct its meetings and shall keep a complete |
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record of each meeting.
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(4) The task force shall evaluate the changes and |
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additions, if any, to those laws which may be appropriate to |
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protect the interests of consumers and property owners on |
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matters including, but not limited to, control of the |
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homeowners’ association’s operations, management and |
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maintenance, disclosure of financial reports by developers or |
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owners, disclosure of all governing documents governing the real |
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property, penalties for noncompliance, oversight and funding for |
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such protection of interests, alternative dispute resolution, |
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and assistance in the formulation of rules to implement |
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enforcement.
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(5)(a) By February 1, 2004, the task force shall submit a |
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preliminary report to the Governor, the President of the Senate, |
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and the Speaker of the House of Representatives.
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(b) By February 1, 2005, the task force shall submit a |
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final report to the Governor, the President of the Senate, and |
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the Speaker of the House of Representatives.
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(6) This act is repealed and the task force is terminated |
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on June 30, 2005.
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Section 2. The sum of $50,000 is appropriated from the |
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General Revenue Fund to the Office of Legislative Services for |
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the purposes of paying administrative expenses and funding |
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contracts necessary to carry out the provisions of this act.
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Section 3. This act shall take effect upon becoming a law. |