Senate Bill sb1492c1

    Florida Senate - 2005                           CS for SB 1492

    By the Committee on Regulated Industries; and Senator Clary





    580-2005-05

  1                      A bill to be entitled

  2         An act relating 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 designated by

  6         the developer; requiring examination and

  7         certification of certain defects by certain

  8         licensed individuals or entities; providing an

  9         effective date.

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

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

14  Statutes, is renumbered as subsection (8), and new subsections

15  (6) and (7) are added to that section, to read:

16         718.301  Transfer of association control; claims of

17  defect by association.--

18         (6)  Prior to the developer relinquishing control of

19  the association pursuant to subsection (4), actions taken by

20  members of the board of administration designated by the

21  developer are considered actions taken by the developer, and

22  the developer is responsible to the association and its

23  members for all such actions.

24         (7)  In any claim against a developer by an association

25  alleging a defect in design, structural elements,

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

27  plumbing, or other element that requires a licensed

28  professional for design or installation under chapter 455,

29  chapter 471, chapter 481, chapter 489, or chapter 633, such

30  defect must be examined and certified by an appropriately

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






    Florida Senate - 2005                           CS for SB 1492
    580-2005-05




 1  licensed Florida engineer, design professional, contractor, or

 2  otherwise licensed Florida individual or entity.

 3         (8)(6)  The division has authority to adopt rules

 4  pursuant to the Administrative Procedure Act to ensure the

 5  efficient and effective transition from developer control of a

 6  condominium to the establishment of a unit-owner controlled

 7  association.

 8         Section 2.  This act shall take effect July 1, 2005.

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10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 1492

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13  The Committee Substitute replaces the phrase "(D)uring the
    period prior to the time that the developer relinquishes
14  control" with "(P)rior to the developer relinquishing
    control."
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CODING: Words stricken are deletions; words underlined are additions.