Senate Bill sb0666
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Florida Senate - 2004 SB 666
By Senator Margolis
35-361A-04
1 A bill to be entitled
2 An act relating to the Division of Florida Land
3 Sales, Condominiums, and Mobile Homes of the
4 Department of Business and Professional
5 Regulation; amending s. 718.501, F.S.; revising
6 the time within which the division must respond
7 to and take action on complaints; providing an
8 effective date.
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10 WHEREAS, each condominium association pays $4 per year
11 per unit, to be directly deposited in the Florida Land Sales,
12 Condominium, and Mobile Homes Trust Fund, and
13 WHEREAS, the annual fee that is paid by the condominium
14 associations is intended to fund the Department of Business
15 and Professional Regulation's oversight of condominiums, land
16 sales, and mobile homes, and
17 WHEREAS, the Legislature and the Governor, in fiscal
18 year 2003, transferred $8.3 million from the Florida Land
19 Sales, Condominium, and Mobile Homes Trust Fund to general
20 revenue, NOW, THEREFORE,
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Paragraph (m) of subsection (1) of section
25 718.501, Florida Statutes, is amended to read:
26 718.501 Powers and duties of Division of Florida Land
27 Sales, Condominiums, and Mobile Homes.--
28 (1) The Division of Florida Land Sales, Condominiums,
29 and Mobile Homes of the Department of Business and
30 Professional Regulation, referred to as the "division" in this
31 part, in addition to other powers and duties prescribed by
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Florida Senate - 2004 SB 666
35-361A-04
1 chapter 498, has the power to enforce and ensure compliance
2 with the provisions of this chapter and rules promulgated
3 pursuant hereto relating to the development, construction,
4 sale, lease, ownership, operation, and management of
5 residential condominium units. In performing its duties, the
6 division has the following powers and duties:
7 (m) When a complaint is made, the division shall
8 conduct its inquiry with due regard to the interests of the
9 affected parties. Within 15 30 days after receipt of a
10 complaint, the division shall acknowledge the complaint in
11 writing and notify the complainant whether the complaint is
12 within the jurisdiction of the division and whether additional
13 information is needed by the division from the complainant.
14 The division shall conduct its investigation and shall, within
15 30 90 days after receipt of the original complaint or of
16 timely requested additional information, take action upon the
17 complaint. However, the failure to complete the investigation
18 within 30 90 days does not prevent the division from
19 continuing the investigation, accepting or considering
20 evidence obtained or received after 30 90 days, or taking
21 administrative action if reasonable cause exists to believe
22 that a violation of this chapter or a rule of the division has
23 occurred. If an investigation is not completed within the time
24 limits established in this paragraph, the division shall, on a
25 monthly basis, notify the complainant in writing of the status
26 of the investigation. When reporting its action to the
27 complainant, the division shall inform the complainant of any
28 right to a hearing pursuant to ss. 120.569 and 120.57.
29 Section 2. This act shall take effect July 1, 2004.
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Florida Senate - 2004 SB 666
35-361A-04
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2 SENATE SUMMARY
3 Revises the time within which the Division of Florida
Land Sales, Condominiums, and Mobile Homes of the
4 Department of Business and Professional Regulation must
respond to and take action on complaints filed with the
5 division.
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