| 1 | The Civil Justice Committee recommends the following: |
| 2 |
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| 3 | Council/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 | designated by the developer; requiring examination and |
| 10 | certification of certain defects by certain licensed |
| 11 | individuals or entities; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 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) Prior to the developer relinquishing control of the |
| 21 | association pursuant to subsection (4), actions taken by members |
| 22 | of the board of administration designated by the developer are |
| 23 | considered actions taken by the developer, and the developer is |
| 24 | responsible to the association and its members for all such |
| 25 | actions. |
| 26 | (7) In any claim against a developer by an association |
| 27 | alleging a defect in design, structural elements, construction, |
| 28 | or any mechanical, electrical, fire protection, plumbing, or |
| 29 | other element that requires a licensed professional for design |
| 30 | or installation under chapter 455, chapter 471, chapter 481, |
| 31 | chapter 489, or chapter 633, such defect must be examined and |
| 32 | certified by an appropriately licensed Florida engineer, design |
| 33 | professional, contractor, or otherwise licensed Florida |
| 34 | individual or entity. |
| 35 | (8)(6) The division has authority to adopt rules pursuant |
| 36 | to the Administrative Procedure Act to ensure the efficient and |
| 37 | effective transition from developer control of a condominium to |
| 38 | the establishment of a unit-owner controlled association. |
| 39 | Section 2. This act shall take effect July 1, 2005. |