| 1 | The Committee on Judiciary recommends the following: |
| 2 |
|
| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to condominiums; amending s. 718.301, |
| 7 | F.S.; providing for the effect of actions taken by members |
| 8 | of the board of administration of an association; |
| 9 | requiring examination and certification of certain defects |
| 10 | by certain licensed professionals; providing an effective |
| 11 | date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Subsection (6) of section 718.301, Florida |
| 16 | Statutes, is renumbered as subsection (8), and new subsections |
| 17 | (6) and (7) are added to said section, to read: |
| 18 | 718.301 Transfer of association control; claims of defect |
| 19 | by association.-- |
| 20 | (6) Actions taken by members of the board of |
| 21 | administration designated by the developer are considered |
| 22 | actions taken by the developer, and the developer is responsible |
| 23 | to the association and its members for all such actions. |
| 24 | (7) In any claim against a developer by an association |
| 25 | alleging a defect in design, structural elements, construction, |
| 26 | or any mechanical, electrical, fire protection, plumbing, or |
| 27 | other element that requires a licensed professional for design |
| 28 | or installation under chapter 455, chapter 471, chapter 481, |
| 29 | chapter 489, or chapter 633, such defect must be examined and |
| 30 | certified by the same type of licensed professional. |
| 31 | (8)(6) The division has authority to adopt rules pursuant |
| 32 | to the Administrative Procedure Act to ensure the efficient and |
| 33 | effective transition from developer control of a condominium to |
| 34 | the establishment of a unit-owner controlled association. |
| 35 | Section 2. This act shall take effect July 1, 2004. |