SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1184, 1st Eng.
Amendment No. ___ Barcode 044108
CHAMBER ACTION
Senate House
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04/24/2004 11:36 AM .
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11 Senator Garcia and Campbell moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 14, between lines 2 and 3,
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16 insert:
17 Section 5. Section 718.5011, Florida Statutes, is
18 created to read:
19 718.5011 Ombudsman; appointment; administration.--
20 (1) There is created an Office of the Condominium
21 Ombudsman, to be located for administrative purposes, within
22 the Division of Florida Land Sales, Condominiums, and Mobile
23 Homes. The functions of the office shall be funded by the
24 Division of Florida Land Sales, Condominiums, and Mobile Homes
25 Trust Fund. The ombudsman shall be a bureau chief of the
26 division and the office shall be set within the division in
27 the same manner as any other bureau is staffed and funded.
28 (2) The Governor shall appoint the ombudsman. The
29 ombudsman must be an attorney admitted to practice before the
30 Florida Supreme Court and shall serve at the pleasure of the
31 Governor. A vacancy in the office shall be filled in the same
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10:34 PM 04/23/04 s1184c3c-32j0a
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1184, 1st Eng.
Amendment No. ___ Barcode 044108
1 manner as the original appointment. An officer or full-time
2 employee of the ombudsman's office may not actively engage in
3 any other business or profession; serve as the representative
4 of any political party, executive committee, or other
5 governing body of a political party; serve as an executive,
6 officer, or employee of a political party; receive
7 remuneration for activities on behalf of any candidate for
8 public office; or engage in soliciting votes or other
9 activities on behalf of a candidate for public office. The
10 ombudsman or any employee of his or her office may not become
11 a candidate for election to public office unless he or she
12 first resigns from his or her office or employment.
13 Section 6. Section 718.5012, Florida Statutes, is
14 created to read:
15 718.5012 Ombudsman; powers and duties.--The ombudsman
16 shall have the powers that are necessary to carry out the
17 duties of his or her office, including the following specific
18 powers:
19 (1) To have access to and use of all files and records
20 of the division.
21 (2) To employ professional and clerical staff as
22 necessary for the efficient operation of the office.
23 (3) To prepare and issue reports and recommendations
24 to the Governor, the department, the division, the Advisory
25 Council on Condominiums, the President of the Senate, and the
26 Speaker of the House of Representatives on any matter or
27 subject within the jurisdiction of the division. The ombudsman
28 shall make recommendations he or she deems appropriate for
29 legislation relative to division procedures, rules,
30 jurisdiction, personnel, and functions.
31 (4) To act as liaison between the division, unit
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10:34 PM 04/23/04 s1184c3c-32j0a
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1184, 1st Eng.
Amendment No. ___ Barcode 044108
1 owners, boards of directors, board members, community
2 association managers, and other affected parties. The
3 ombudsman shall develop policies and procedures to assist unit
4 owners, boards of directors, board members, community
5 association managers, and other affected parties to understand
6 their rights and responsibilities as set forth in this chapter
7 and the condominium documents governing their respective
8 association. The ombudsman shall coordinate and assist in the
9 preparation and adoption of educational and reference
10 material, and shall endeavor to coordinate with private or
11 volunteer providers of these services, so that the
12 availability of these resources is made known to the largest
13 possible audience.
14 (5) To monitor and review procedures and disputes
15 concerning condominium elections or meetings, including, but
16 not limited to, recommending that the division pursue
17 enforcement action in any manner where there is reasonable
18 cause to believe that election misconduct has occurred.
19 (6) To make recommendations to the division for
20 changes in rules and procedures for the filing, investigation,
21 and resolution of complaints filed by unit owners,
22 associations, and managers.
23 (7) To provide resources to assist members of boards
24 of directors and officers of associations to carry out their
25 powers and duties consistent with this chapter, division
26 rules, and the condominium documents governing the
27 association.
28 (8) To encourage and facilitate voluntary meetings
29 with and between unit owners, boards of directors, board
30 members, community association managers, and other affected
31 parties when the meetings may assist in resolving a dispute
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1184, 1st Eng.
Amendment No. ___ Barcode 044108
1 within a community association before a person submits a
2 dispute for a formal or administrative remedy. It is the
3 intent of the Legislature that the ombudsman act as a neutral
4 resource for both the rights and responsibilities of unit
5 owners, associations, and board members.
6 Section 7. Section 718.5014, Florida Statutes, is
7 created to read:
8 718.5014 Ombudsman location.--The ombudsman shall
9 maintain his or her principal office in Leon County on the
10 premises of the division or, if suitable space cannot be
11 provided there, at another place convenient to the offices of
12 the division which will enable the ombudsman to expeditiously
13 carry out the duties and functions of his or her office. The
14 ombudsman may establish branch offices elsewhere in the state
15 upon the concurrence of the Governor.
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17 (Redesignate subsequent sections.)
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20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 On page 1, line 26, after the semicolon,
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24 insert:
25 creating s. 718.5011, F.S.; creating the Office
26 of the Condominium Ombudsman within the
27 Division of Florida Land Sales, Condominiums,
28 and Mobile Homes; directing the Governor to
29 appoint the ombudsman; requiring the ombudsman
30 to be an attorney; providing for the filling of
31 a vacant ombudsman position; prohibiting the
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10:34 PM 04/23/04 s1184c3c-32j0a
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1184, 1st Eng.
Amendment No. ___ Barcode 044108
1 ombudsman and staff from engaging in any other
2 profession, serving as a representative or
3 employee of any political party, or receiving
4 remuneration for activities on behalf of
5 political candidates; prohibiting the ombudsman
6 and staff from seeking public office unless
7 resigned from the Office of the Condominium
8 Ombudsman; providing requirements and
9 limitations for office staff; creating s.
10 718.5012, F.S.; providing for powers and duties
11 of the ombudsman; requiring the ombudsman to
12 prepare and issue reports and make
13 recommendations to specified persons; directing
14 the ombudsman to be a liaison between certain
15 parties, to monitor condominium elections, to
16 assist unit owners and boards of directors, and
17 to encourage voluntary resolutions to disputes
18 before filing the matter as a formal complaint;
19 creating s. 718.5014, F.S.; providing for the
20 principal location of the ombudsman's office in
21 Leon County; authorizing the ombudsman to
22 establish branch offices elsewhere in the state
23 under specified circumstances;
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