Senate Bill sb0298c2

    Florida Senate - 2004                     CS for CS for SB 298

    By the Committees on Regulated Industries; Comprehensive
    Planning; and Senator Clary




    315-2491-04

  1                      A bill to be entitled

  2         An act relating to to condominiums; amending s.

  3         718.301, F.S.; providing for the effect of

  4         actions taken by members of the board of

  5         administration of an association; requiring

  6         examination and certification of certain

  7         defects by certain licensed professionals;

  8         providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (6) of section 718.301, Florida

13  Statutes, is renumbered as subsection (7), and a new

14  subsection (6) is added to that section, to read:

15         718.301  Transfer of association control.--

16         (6)  In any claim against a developer by an association

17  alleging a defect in design, structural elements,

18  construction, or any mechanical, electrical, fire protection,

19  plumbing, or other element that requires a licensed

20  professional for design or installation under chapter 455,

21  chapter 471, chapter 481, chapter 489, or chapter 633, the

22  defect must be examined and certified by the same type of

23  licensed professional.

24         (7)(6)  The division has authority to adopt rules

25  pursuant to the Administrative Procedure Act to ensure the

26  efficient and effective transition from developer control of a

27  condominium to the establishment of a unit-owner controlled

28  association.

29         Section 2.  This act shall take effect July 1, 2004.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                     CS for CS for SB 298
    315-2491-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS for Senate Bill 298

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 4  The committee substitute deletes the provision that actions
    taken by members of the board of administration designated by
 5  the developer are considered actions taken by the developer.

 6  It deletes the provision that a person has no cause of action
    against a developer for any oral representation or information
 7  not contained in the contract, the prospectus, or the
    developer's advertising promotional materials.
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CODING: Words stricken are deletions; words underlined are additions.