Senate Bill sb1374c2

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    Florida Senate - 2007                    CS for CS for SB 1374

    By the Committees on General Government Appropriations;
    Regulated Industries; and Senator Jones




    601-2671-07

  1                      A bill to be entitled

  2         An act relating to vacation and timeshare

  3         plans; amending s. 721.03, F.S.; revising the

  4         formula for funding reserve accounts for

  5         conversions; authorizing a seller to offer

  6         timeshare interests in a timeshare plan located

  7         outside of this state without filing a public

  8         offering statement for such out-of-state

  9         timeshare plan; providing criteria for such

10         offers; requiring certain notice; providing for

11         a fee; conforming cross-references and

12         terminology; amending s. 721.05, F.S.; revising

13         the definition of the term "one-to-one

14         purchaser to accommodation ratio"; providing

15         definitions for the terms "lead dealer,"

16         "personal contact information," and "resale

17         service provider"; amending s. 721.07, F.S.;

18         revising information required to be contained

19         in filed public offering statements for certain

20         timeshare plans; authorizing the Division of

21         Florida Land Sales, Condominiums, and Mobile

22         Homes to accept alternate forms of timeshare

23         disclosure statements; conforming

24         cross-references; amending s. 721.075, F.S.;

25         conforming terminology; amending s. 721.11,

26         F.S.; revising provisions relating to

27         advertising and oral statements to include

28         those made by resale service providers;

29         providing that a seller or resale service

30         provider may not misrepresent or falsely imply

31         that the resale service provider is affiliated

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 1         with, or obtained personal contact information

 2         from, a developer, managing entity, or exchange

 3         company; creating s. 721.121, F.S.; providing

 4         recordkeeping requirements for resale service

 5         providers and lead dealers; providing that the

 6         failure to produce such records in any civil or

 7         criminal action relating to the wrongful

 8         possession or wrongful use of personal contact

 9         information shall lead to a presumption that

10         the personal contact information was wrongfully

11         obtained; providing what constitutes wrongful

12         use of such personal contact information;

13         providing for recovery of certain damages and

14         attorney's fees and costs; amending s. 721.13,

15         F.S.; providing that failure to obtain and

16         maintain required insurance coverage

17         constitutes a breach of the managing entity's

18         fiduciary duty; authorizing funding of reserve

19         accounts to be waived or reduced; providing the

20         managing entity with certain rights and powers;

21         providing language to be included in public

22         offering statements; providing recordkeeping

23         requirements; requiring the managing entity to

24         make certain records available to the division

25         under certain circumstances; conforming

26         cross-references; amending s. 721.15, F.S.;

27         providing that amounts expended for any

28         insurance coverage required by law or by the

29         timeshare instrument to be maintained by the

30         owners' association shall be exempt from

31         assessment of common expenses; providing that

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 1         any determination by a timeshare association of

 2         whether assessments exceed 115 percent of

 3         assessments for the prior fiscal year shall

 4         exclude anticipated expenses for required

 5         insurance coverage; amending s. 721.165, F.S.;

 6         revising provisions relating to insurance;

 7         requiring managing entities to use due

 8         diligence to obtain certain types of insurance;

 9         providing factors that a managing entity must

10         take into account in determining whether the

11         insurance obtained is adequate; providing that

12         insurance coverage may be subject to certain

13         requirements; authorizing the managing entity

14         to apply any existing reserves for certain

15         purposes; amending s. 721.52, F.S.; providing

16         application with respect to use of the term

17         "vacation club"; amending ss. 721.55 and

18         721.552, F.S.; conforming cross-references and

19         terminology; amending s. 721.97, F.S.;

20         authorizing the Governor to appoint

21         commissioners of deeds to take acknowledgments,

22         proofs of execution, or oaths in international

23         waters; providing an effective date.

24  

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

26  

27         Section 1.  Paragraph (b) of subsection (1), paragraph

28  (e) of subsection (3), and subsection (10) of section 721.03,

29  Florida Statutes, are amended, and subsection (11) is added to

30  that section, to read:

31         721.03  Scope of chapter.--

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 1         (1)  This chapter applies to all timeshare plans

 2  consisting of more than seven timeshare periods over a period

 3  of at least 3 years in which the accommodations and

 4  facilities, if any, are located within this state or offered

 5  within this state; provided that:

 6         (b)  With respect to a timeshare plan containing

 7  accommodations or facilities located in this state which is

 8  offered for sale outside the jurisdictional limits of the

 9  United States, such offer or sale shall be exempt from the

10  requirements of this chapter, provided that the developer

11  shall either file the timeshare plan with the division for

12  approval pursuant to this chapter, or pay an exemption

13  registration fee of $100 and file the following minimum

14  information pertaining to the timeshare plan with the division

15  for approval:

16         1.  The name and address of the timeshare plan.

17         2.  The name and address of the developer and seller,

18  if any.

19         3.  The location and a brief description of the

20  accommodations and facilities, if any, that are located in

21  this state.

22         4.  The number of timeshare interests and timeshare

23  periods to be offered.

24         5.  The term of the timeshare plan.

25         6.  A copy of the timeshare instrument relating to the

26  management and operation of accommodations and facilities, if

27  any, that are located in this state.

28         7.  A copy of the budget required by s. 721.07(5)(t)(u)

29  or s. 721.55(4)(h)5., as applicable.

30         8.  A copy of the management agreement and any other

31  contracts regarding management or operation of the

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 1  accommodations and facilities, if any, that are located in

 2  this state, and which have terms in excess of 1 year.

 3         9.  A copy of the provision of the purchase contract to

 4  be utilized in offering the timeshare plan containing the

 5  following disclosure in conspicuous type immediately above the

 6  space provided for the purchaser's signature:

 7  

 8  The offering of this timeshare plan outside the jurisdictional

 9  limits of the United States of America is exempt from

10  regulation under Florida law, and any such purchase is not

11  protected by the State of Florida. However, the management and

12  operation of any accommodations or facilities located in

13  Florida is subject to Florida law and may give rise to

14  enforcement action regardless of the location of any offer.

15         (3)  A timeshare plan which is subject to the

16  provisions of chapter 718 or chapter 719, if fully in

17  compliance with the provisions of this chapter, is exempt from

18  the following:

19         (e)  Part VI of chapter 718 and part VI of chapter 719,

20  relating to conversion of existing improvements to the

21  condominium or cooperative form of ownership, respectively,

22  provided that a developer converting existing improvements to

23  a timeshare condominium or timeshare cooperative must comply

24  with ss. 718.606, 718.608, 718.61, and 718.62, or ss. 719.606,

25  719.608, 719.61, and 719.62, if applicable, and, if the

26  existing improvements received a certificate of occupancy more

27  than 18 months before such conversion, one of the following:

28         1.  The accommodations and facilities shall be

29  renovated and improved to a condition such that the remaining

30  useful life in years of the roof, plumbing, air-conditioning,

31  and any component of the structure which has a useful life

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 1  less than the useful life of the overall structure is equal to

 2  the useful life of accommodations or facilities that would

 3  exist if such accommodations and facilities were newly

 4  constructed and not previously occupied.

 5         2.  The developer shall fund reserve accounts for

 6  capital expenditures and deferred maintenance for the roof,

 7  plumbing, air-conditioning, and any component of the structure

 8  the useful life of which is less than the useful life of the

 9  overall structure. The reserve accounts shall be funded for

10  each component in an amount equal to the product of the

11  estimated current replacement cost of such component as of the

12  date of such conversion (as disclosed and substantiated by a

13  certificate under the seal of an architect or engineer

14  authorized to practice in this state) multiplied by a

15  fraction, the numerator of which shall be the age remaining

16  life of the component in years (as disclosed and substantiated

17  by a certificate under the seal of an architect or engineer

18  authorized to practice in this state) and the denominator of

19  which shall be the total useful life of the component in years

20  (as disclosed and substantiated by a certificate under the

21  seal of an architect or engineer authorized to practice in

22  this state). Alternatively, the reserve accounts may be funded

23  for each component in an amount equal to the amount that,

24  except for the application of this subsection, would be

25  required to be maintained pursuant to s. 718.618(1) or s.

26  719.618(1). The developer shall fund the reserve accounts

27  contemplated in this subparagraph out of the proceeds of each

28  sale of a timeshare interest, on a pro rata basis, in an

29  amount not less than a percentage of the total amount to be

30  deposited in the reserve account equal to the percentage of

31  ownership allocable to the timeshare interest sold. When an

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 1  owners' association makes an expenditure of reserve account

 2  funds before the developer has initially sold all timeshare

 3  interests, the developer shall make a deposit in the reserve

 4  account if the reserve account is insufficient to pay the

 5  expenditure. Such deposit shall be at least equal to that

 6  portion of the expenditure which would be charged against the

 7  reserve account deposit that would have been made for any such

 8  timeshare interest had the timeshare interest been initially

 9  sold. When a developer deposits amounts in excess of the

10  minimum reserve account funding, later deposits may be reduced

11  to the extent of the excess funding.

12         3.  The developer shall provide each purchaser with a

13  warranty of fitness and merchantability pursuant to s.

14  718.618(6) or s. 719.618(6).

15         (10)  A developer or seller may not offer any number of

16  timeshare interests that would cause the total number of

17  timeshare interests offered to exceed a one-to-one use right

18  purchaser to use night requirement accommodation ratio.

19         (11)(a)  A seller may offer timeshare interests in a

20  real property timeshare plan located outside of this state

21  without filing a public offering statement for such

22  out-of-state real property timeshare plan pursuant to s.

23  721.07 or s. 721.55, provided all of the following criteria

24  have been satisfied:

25         1.  The seller shall provide a disclosure statement to

26  each prospective purchaser of such out-of-state timeshare

27  plan. The disclosure statement for a single-site timeshare

28  plan shall contain information otherwise required under s.

29  721.07(5)(e)-(cc) and the exhibits required by s.

30  721.07(5)(ff)1., 2., 3., 4., 5., 7., 8., and 20. The

31  disclosure statement for a multisite timeshare plan shall

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 1  contain information otherwise required under s. 721.55(4) and

 2  (5) and the exhibits required under s. 721.55(7). If a

 3  developer has, in good faith, attempted to comply with the

 4  requirements of this subsection and if the developer has

 5  substantially complied with the disclosure requirements of

 6  this subsection, nonmaterial errors or omissions shall not be

 7  actionable. With respect to any offer for an out-of-state

 8  timeshare plan made pursuant to this subsection, the delivery

 9  by the seller to a prospective purchaser of the disclosure

10  statement required by this subparagraph shall be deemed to

11  satisfy any requirement of this chapter regarding a public

12  offering statement.

13         2.  The seller shall utilize and furnish to each

14  purchaser of an out-of-state timeshare plan offered under this

15  subsection a fully completed and executed copy of a purchase

16  contract that contains the statement set forth in s.

17  721.065(2)(c) in conspicuous type located immediately prior to

18  the space in the contract reserved for the purchaser's

19  signature. The purchase contract shall also contain the

20  initial purchase price and any additional charges to which the

21  purchaser may be subject in connection with the purchase of

22  the timeshare plan, such as financing, or that will be

23  collected from the purchaser on or before closing, such as the

24  current year's annual assessment for common expenses.

25         3.  All purchase contracts for out-of-state timeshare

26  plans offered under this subsection must also contain the

27  following statements in conspicuous type:

28  

29         This timeshare plan has not been reviewed or

30         approved by the State of Florida.

31  

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 1         The timeshare interest you are purchasing

 2         requires certain procedures to be followed in

 3         order for you to use your interest. These

 4         procedures may be different from those followed

 5         in other timeshare plans. You should read and

 6         understand these procedures prior to

 7         purchasing.

 8  

 9         4.a.  An out-of-state timeshare plan may only be

10  offered pursuant to this subsection by the seller on behalf

11  of:

12         (I)  The developer of a timeshare plan that has been

13  approved by the division within the preceding 7 years pursuant

14  to s. 721.07 or s. 721.55, or concerning which an amendment by

15  the developer has been approved by the division within the

16  preceding 7 years, which timeshare plan has been neither

17  terminated nor withdrawn; or

18         (II)  A developer under common ownership or control

19  with a developer described in sub-sub-subparagraph (I),

20  provided that any common ownership shall constitute at least a

21  50-percent ownership interest.

22         b.  An out-of-state timeshare plan may only be offered

23  pursuant to this subsection to a person who already owns a

24  timeshare interest in a timeshare plan filed by a developer

25  described in sub-subparagraph a.

26         5.  Any seller of an out-of-state timeshare plan

27  offered pursuant to this subsection shall be required to

28  provide notice of such plan to the division on a form

29  prescribed by the division, along with payment of a one-time

30  fee not to exceed $1,000 per filing.

31  

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 1         (b)  Timeshare plans offered pursuant to this

 2  subsection shall be exempt from the requirements of ss.

 3  721.06, 721.065, 721.07, 721.27, 721.55, and 721.58 in

 4  addition to the exemptions otherwise applicable to

 5  accommodations and facilities located outside of the state

 6  pursuant to subparagraph (1)(c)1.

 7         (c)  Any escrow account required to be established by

 8  s. 721.08 for any out-of-state timeshare plan offered under

 9  this subsection may be maintained in the situs jurisdiction

10  provided the escrow agent submits to personal jurisdiction in

11  this state in a form satisfactory to the division.

12         Section 2.  Subsection (25) of section 721.05, Florida

13  Statutes, is amended, and subsections (42), (43), and (44) are

14  added to that section, to read:

15         721.05  Definitions.--As used in this chapter, the

16  term:

17         (25)  "One-to-one use right purchaser to use night

18  requirement accommodation ratio" means that the sum of the

19  nights that owners are entitled to use in a given 12-month

20  period shall not exceed the number of nights available for use

21  by those owners during the same 12-month period. No individual

22  timeshare unit may be counted as providing more than 365 use

23  nights per 12-month period or more than 366 use nights per

24  12-month period that includes February 29. The use rights of

25  each owner shall be counted without regard to whether the

26  owner's use rights have been suspended for failure to pay

27  assessments or otherwise the ratio of the number of purchasers

28  eligible to use the accommodations of a timeshare plan on a

29  given day to the number of accommodations available for use

30  within the plan on that day, such that the total number of

31  purchasers eligible to use the accommodations of the timeshare

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 1  plan during a given calendar year never exceeds the total

 2  number of accommodations available for use in the timeshare

 3  plan during that year. For purposes of calculation under this

 4  subsection, each purchaser must be counted at least once, and

 5  no individual timeshare unit may be counted more than 365

 6  times per calendar year (or more than 366 times per leap

 7  year). A purchaser who is delinquent in the payment of

 8  timeshare plan assessments shall continue to be considered

 9  eligible to use the accommodations of the timeshare plan for

10  purposes of this subsection notwithstanding any application of

11  s. 721.13(6).

12         (42)  "Lead dealer" means any person who sells or

13  otherwise provides a resale service provider or any other

14  person with personal contact information for five or more

15  owners of timeshare interests. In the event a lead dealer is

16  not a natural person, the term shall also include the natural

17  person providing personal contact information to a resale

18  service provider or other person on behalf of the lead dealer

19  entity. The term does not include developers, managing

20  entities, or exchange companies to the extent they provide

21  others with personal contact information about owners of

22  timeshare interests in their own timeshare plans or members of

23  their own exchange programs. The term does not include persons

24  providing personal contact information that is not designed

25  specifically or primarily to identify owners of timeshare

26  interests even though the information provided may include

27  five or more owners of timeshare interests.

28         (43)  "Personal contact information" means any

29  information that can be used to contact the owner of a

30  specific timeshare interest, including, but not limited to,

31  

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 1  the owner's name, address, telephone number, and e-mail

 2  address.

 3         (44)  "Resale service provider" means any person who

 4  uses unsolicited telemarketing, direct mail, or e-mail in

 5  connection with the offering of resale brokerage or resale

 6  advertising services to owners of timeshare interests. The

 7  term does not include developers, managing entities, or

 8  exchange companies to the extent they offer resale brokerage

 9  or resale advertising services to owners of timeshare

10  interests in their own timeshare plans or members of their own

11  exchange programs.

12         Section 3.  Paragraphs (n) through (v) of subsection

13  (5) of section 721.07, Florida Statutes, are redesignated as

14  paragraphs (m) through (u), present paragraphs (m) and (v) of

15  that subsection are amended, and subsection (7) is added to

16  that section, to read:

17         721.07  Public offering statement.--Prior to offering

18  any timeshare plan, the developer must submit a filed public

19  offering statement to the division for approval as prescribed

20  by s. 721.03, s. 721.55, or this section. Until the division

21  approves such filing, any contract regarding the sale of that

22  timeshare plan is subject to cancellation by the purchaser

23  pursuant to s. 721.10.

24         (5)  Every filed public offering statement for a

25  timeshare plan which is not a multisite timeshare plan shall

26  contain the information required by this subsection. The

27  division is authorized to provide by rule the method by which

28  a developer must provide such information to the division.

29         (m)  A description of any financing to be offered to

30  purchasers by the developer or any person or entity in which

31  the developer has a financial interest, together with a

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 1  disclosure that the description of such financing may be

 2  changed by the developer and that any change in the financing

 3  offered to prospective purchasers will not be deemed to be a

 4  material change.

 5         (u)(v)  For any timeshare plan for which the purchase

 6  or closing of timeshare interests is not subject to the

 7  requirements of the Real Estate Settlement Procedures Act, 12

 8  U.S.C. s. 2601 et seq., a schedule of estimated closing

 9  expenses to be paid by a purchaser or lessee of a timeshare

10  interest.

11         (v)  and A statement as to whether a title opinion or

12  title insurance policy is available to the purchaser and, if

13  so, at whose expense.

14         (ff)  Copies of the following documents and plans, to

15  the extent they are applicable, shall be included as exhibits

16  to the filed public offering statement provided, if the

17  timeshare plan has not been declared or created at the time of

18  the filing, the developer shall provide proposed documents:

19         1.  The declaration of condominium.

20         2.  The cooperative documents.

21         3.  The declaration of covenants and restrictions.

22         4.  The articles of incorporation creating the owners'

23  association.

24         5.  The bylaws of the owners' association.

25         6.  Any ground lease or other underlying lease of the

26  real property associated with the timeshare plan. In the case

27  of a personal property timeshare plan, any lease of the

28  personal property associated with the personal property

29  timeshare plan.

30  

31  

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 1         7.  The management agreement and all maintenance and

 2  other contracts regarding the management and operation of the

 3  timeshare property which have terms in excess of 1 year.

 4         8.  The estimated operating budget for the timeshare

 5  plan and the required schedule of purchasers' expenses.

 6         9.  The floor plan of each type of accommodation and

 7  the plot plan showing the location of all accommodations and

 8  facilities declared as part of the timeshare plan and filed

 9  with the division.

10         10.  The lease for any facilities.

11         11.  A declaration of servitude of properties serving

12  the accommodations and facilities, but not owned by purchasers

13  or leased to them or the owners' association.

14         12.  Any documents required by s. 721.03(3)(e) as the

15  result of the inclusion of a timeshare plan in the conversion

16  of the building to condominium or cooperative ownership.

17         13.  The form of agreement for sale or lease of

18  timeshare interests.

19         14.  The executed agreement for escrow of payments made

20  to the developer prior to closing and the form of any

21  agreement for escrow of ad valorem tax escrow payments, if

22  any, to be made into an ad valorem tax escrow account pursuant

23  to s. 192.037(6).

24         15.  The documents containing any restrictions on use

25  of the property required by paragraph (r) (s).

26         16.  A letter from the escrow agent or filing attorney

27  confirming that the escrow agent and its officers, directors,

28  or other partners are independent pursuant to the requirements

29  of this chapter.

30         17.  Any nondisturbance and notice to creditors

31  instrument required by s. 721.08.

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 1         18.  In the case of any personal property timeshare

 2  plan in which the accommodations and facilities are located on

 3  or in a documented vessel or foreign vessel as provided in s.

 4  721.08(2)(c)3.e., a copy of the certificate of ownership of

 5  such vessel and either a copy of the certificate of

 6  documentation or certificate of registry of such vessel.

 7         19.  An executed affidavit given under oath by an

 8  attorney licensed to practice law in any jurisdiction in the

 9  United States stating that the attorney has researched the

10  applicable laws of the jurisdiction in which governing law has

11  been established and the laws of the jurisdiction in which the

12  vessel is registered, and has found that the timeshare

13  instrument complies with the provisions of s.

14  721.08(2)(c)3.e.(II)(C) and (III).

15         20.  Any other documents or instruments creating the

16  timeshare plan.

17         (7)  The division may accept an alternate form of

18  timeshare disclosure statement under an agreement with another

19  state. At a minimum, the alternate form of timeshare

20  disclosure statement must have provisions substantially

21  similar to this section. The division may adopt rules pursuant

22  to ss. 120.536(1) and 120.54 to implement this subsection.

23         Section 4.  Paragraph (d) of subsection (1) of section

24  721.075, Florida Statutes, is amended to read:

25         721.075  Incidental benefits.--Incidental benefits

26  shall be offered only as provided in this section.

27         (1)  Accommodations, facilities, products, services,

28  discounts, or other benefits which satisfy the requirements of

29  this subsection shall be subject to the provisions of this

30  section and exempt from the other provisions of this chapter

31  

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 1  which would otherwise apply to such accommodations or

 2  facilities if and only if:

 3         (d)  The continued availability to purchasers of

 4  timeshare plan accommodations on no greater than a one-to-one

 5  use right purchaser to use night requirement accommodation

 6  ratio is not dependent upon continued availability of the

 7  incidental benefit.

 8         Section 5.  Subsection (4) of section 721.11, Florida

 9  Statutes, is amended to read:

10         721.11  Advertising materials; oral statements.--

11         (4)  No advertising or oral statement made by any

12  seller or resale service provider shall:

13         (a)  Misrepresent a fact or create a false or

14  misleading impression regarding the timeshare plan or

15  promotion thereof.

16         (b)  Make a prediction of specific or immediate

17  increases in the price or value of timeshare interests.

18         (c)  Contain a statement concerning future price

19  increases by a seller which are nonspecific or not bona fide.

20         (d)  Contain any asterisk or other reference symbol as

21  a means of contradicting or substantially changing any

22  previously made statement or as a means of obscuring a

23  material fact.

24         (e)  Describe any facility that is not required to be

25  built or that is uncompleted unless the improvement is

26  conspicuously labeled as "NEED NOT BE BUILT," "PROPOSED," or

27  "UNDER CONSTRUCTION." If the facility is labeled "NEED NOT BE

28  BUILT" or "PROPOSED," the seller may indicate the estimated

29  date that such facility will be made part of the timeshare

30  plan. If the facility is labeled "UNDER CONSTRUCTION," the

31  estimated date of completion must be included.

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 1         (f)  Misrepresent the size, nature, extent, qualities,

 2  or characteristics of the offered accommodations or

 3  facilities.

 4         (g)  Misrepresent the amount or period of time during

 5  which the accommodations or facilities will be available to

 6  any purchaser.

 7         (h)  Misrepresent the nature or extent of any

 8  incidental benefit.

 9         (i)  Make any misleading or deceptive representation

10  with respect to the contents of the public offering statement

11  and the contract or the rights, privileges, benefits, or

12  obligations of the purchaser under the contract or this

13  chapter.

14         (j)  Misrepresent the conditions under which a

15  purchaser may exchange the right to use accommodations or

16  facilities in one location for the right to use accommodations

17  or facilities in another location.

18         (k)  Misrepresent the availability of a resale or

19  rental program or resale or rental opportunity offered by or

20  on behalf of the developer.

21         (l)  Contain an offer or inducement to purchase which

22  purports to be limited as to quantity or restricted as to time

23  unless the numerical quantity or time limit applicable to the

24  offer or inducement is clearly stated.

25         (m)  Imply that a facility is available for the

26  exclusive use of purchasers if the facility will actually be

27  shared by others or by the general public.

28         (n)  Purport to have resulted from a referral unless

29  the name of the person making the referral can be produced

30  upon demand of the division.

31  

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 1         (o)  Misrepresent the source of the advertising or

 2  statement by leading a prospective purchaser to believe that

 3  the advertising material is mailed by a governmental or

 4  official agency, credit bureau, bank, or attorney, if that is

 5  not the case.

 6         (p)  Misrepresent the value of any prize, gift, or

 7  other item to be awarded in connection with any prize and gift

 8  promotional offer, as described in s. 721.111, or any

 9  incidental benefit.

10         (q)  Misrepresent or falsely imply that the resale

11  service provider is affiliated with, or obtained personal

12  contact information from, a developer, managing entity, or

13  exchange company.

14         Section 6.  Section 721.121, Florida Statutes, is

15  created to read:

16         721.121  Recordkeeping by resale service providers and

17  lead dealers.--

18         (1)  Resale service providers and lead dealers shall

19  maintain the following records for a period of 5 years from

20  the date each piece of personal contact information is

21  obtained:

22         (a)  The name, home address, work address, home

23  telephone number, work telephone number, and cellular

24  telephone number of the lead dealer from which the personal

25  contact information was obtained.

26         (b)  A copy of a current government-issued photographic

27  identification for the lead dealer from which the personal

28  contact information was obtained, such as a driver's license,

29  passport, or military identification card.

30         (c)  The date, time, and place of the transaction at

31  which the personal contact information was obtained, along

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 1  with the amount of consideration paid and a signed receipt

 2  from the lead dealer or copy of a canceled check.

 3         (d)  A copy of all pieces of personal contact

 4  information obtained in the exact form and media in which they

 5  were received.

 6         (e)  If personal contact information was directly

 7  researched and assembled by the resale service provider or

 8  lead dealer and not obtained from another lead dealer, a

 9  complete written description of the sources from which

10  personal contact information was obtained, the methodologies

11  used for researching and assembling it, the items set forth in

12  paragraphs (a) and (b) for the individuals who performed the

13  work, and the date such work was done.

14         (2)  In any civil or criminal action relating to the

15  wrongful possession or wrongful use of personal contact

16  information by a resale service provider or lead dealer, any

17  failure by a resale service provider or lead dealer to produce

18  the records required by subsection (1) shall lead to a

19  presumption that the personal contact information was

20  wrongfully obtained.

21         (3)  Any use by a resale service provider or lead

22  dealer of personal contact information that is wrongfully

23  obtained pursuant to this section shall be considered wrongful

24  use of such personal contact information by the resale service

25  provider or lead dealer, as applicable. Any party who

26  establishes that a resale service provider or lead dealer

27  wrongfully obtained or wrongfully used personal contact

28  information with respect to owners of a timeshare plan or

29  members of an exchange program shall, in addition to any other

30  remedies that may be available in law or equity, be entitled

31  to recover from such resale service provider or lead dealer an

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 1  amount equal to $1,000 for each owner about whom personal

 2  contact information was wrongfully obtained or used. Upon

 3  prevailing, the plaintiff in any such action shall also be

 4  entitled to recover reasonable attorney's fees and costs.

 5         Section 7.  Paragraph (c) is added to subsection (2) of

 6  section 721.13, Florida Statutes, paragraph (c) of subsection

 7  (3) of that section is amended, and subsection (12) is added

 8  to that section, to read:

 9         721.13  Management.--

10         (2)

11         (c)  Failure by a managing entity to obtain and

12  maintain insurance coverage as required under s. 721.165

13  during any period of developer control of the managing entity

14  shall constitute a breach of the managing entity's fiduciary

15  duty.

16         (3)  The duties of the managing entity include, but are

17  not limited to:

18         (c)1.  Providing each year to all purchasers an

19  itemized annual budget which shall include all estimated

20  revenues and expenses. The budget shall be in the form

21  required by s. 721.07(5)(t)(u). The budget shall be the final

22  budget adopted by the managing entity for the current fiscal

23  year. The final adopted budget is not required to be delivered

24  if the managing entity has previously delivered a proposed

25  annual budget for the current fiscal year to purchasers in

26  accordance with chapter 718 or chapter 719 and the managing

27  entity includes a description of any changes in the adopted

28  budget with the assessment notice and a disclosure regarding

29  the purchasers' right to receive a copy of the adopted budget,

30  if desired. The budget shall contain, as a footnote or

31  otherwise, any related party transaction disclosures or notes

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 1  which appear in the audited financial statements of the

 2  managing entity for the previous budget year as required by

 3  paragraph (e). A copy of the final budget shall be filed with

 4  the division for review within 30 days after the beginning of

 5  each fiscal year together with a statement of the number of

 6  periods of 7-day annual use availability that exist within the

 7  timeshare plan, including those periods filed for sale by the

 8  developer but not yet committed to the timeshare plan, for

 9  which annual fees are required to be paid to the division

10  under s. 721.27.

11         2.  Notwithstanding anything contained in chapter 718

12  or chapter 719 to the contrary, the board of administration of

13  an owners' association which serves as the managing entity may

14  from time to time reallocate reserves for deferred maintenance

15  and capital expenditures required by s.

16  721.07(5)(t)(u)3.a.(XI) from any deferred maintenance or

17  capital expenditure reserve account to any other deferred

18  maintenance or capital expenditure reserve account or accounts

19  in its discretion without the consent of purchasers of the

20  timeshare plan. Funds in any deferred maintenance or capital

21  expenditure reserve account may not be transferred to any

22  operating account without the consent of a majority of the

23  purchasers of the timeshare plan. The managing entity may from

24  time to time transfer excess funds in any operating account to

25  any deferred maintenance or capital expenditure reserve

26  account without the vote or approval of purchasers of the

27  timeshare plan. In the event any amount of reserves for

28  accommodations and facilities of a timeshare plan containing

29  timeshare licenses or personal property timeshare interests

30  exists at the end of the term of the timeshare plan, such

31  reserves shall be refunded to purchasers on a pro rata basis.

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 1         3.  With respect to any timeshare plan that has a

 2  managing entity that is an owners' association, reserves may

 3  be waived or reduced by a majority vote of those voting

 4  interests that are present, in person or by proxy, at a duly

 5  called meeting of the owners' association. If a meeting of the

 6  purchasers has been called to determine whether to waive or

 7  reduce the funding of reserves and no such result is achieved

 8  or a quorum is not attained, the reserves as included in the

 9  budget shall go into effect.

10         (12)(a)  In addition to any other rights granted by the

11  rules and regulations of the timeshare plan, the managing

12  entity of a timeshare plan is authorized to manage the

13  reservation and use of accommodations using those processes,

14  analyses, procedures, and methods that are in the best

15  interests of the owners as a whole to efficiently manage the

16  timeshare plan and encourage the maximum use and enjoyment of

17  the accommodations and other benefits made available through

18  the timeshare plan. The managing entity shall have the right

19  to forecast anticipated reservation and use of the

20  accommodations, including the right to take into account

21  current and previous reservation and use of the

22  accommodations, information about events that are scheduled to

23  occur, seasonal use patterns, and other pertinent factors that

24  affect the reservation or use of the accommodations. In

25  furtherance of the provisions of this subsection, the managing

26  entity is authorized to reserve accommodations, in the best

27  interests of the owners as a whole, for the purposes of

28  depositing such reserved use with an affiliated exchange

29  program or renting such reserved accommodations in order to

30  facilitate the use or future use of the accommodations or

31  other benefits made available through the timeshare plan.

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 1         (b)  A statement in conspicuous type, in substantially

 2  the following form, shall appear in the public offering

 3  statement as provided in s. 721.07:

 4  

 5         The managing entity shall have the right to

 6         forecast anticipated reservation and use of the

 7         accommodations of the timeshare plan and is

 8         authorized to reasonably reserve, deposit, or

 9         rent the accommodations for the purpose of

10         facilitating the use or future use of the

11         accommodations or other benefits made available

12         through the timeshare plan.

13  

14         (c)  The managing entity shall maintain copies of all

15  records, data, and information supporting the processes,

16  analyses, procedures, and methods utilized by the managing

17  entity in its determination to reserve accommodations of the

18  timeshare plan pursuant to this subsection for a period of 5

19  years from the date of such determination. In the event of an

20  investigation by the division for failure of a managing entity

21  to comply with this subsection, the managing entity shall make

22  all such records, data, and information available to the

23  division for inspection, provided that if the managing entity

24  complies with the provisions of s. 721.071, any such records,

25  data, and information provided to the division shall

26  constitute a trade secret pursuant to that section.

27         Section 8.  Paragraph (c) of subsection (2) of section

28  721.15, Florida Statutes, is amended, and subsection (11) is

29  added to that section, to read:

30         721.15  Assessments for common expenses.--

31         (2)

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 1         (c)  For the purpose of calculating the obligation of a

 2  developer under a guarantee pursuant to paragraph (b), amounts

 3  expended for any insurance coverage required by law or by the

 4  timeshare instrument to be maintained by the owners'

 5  association and depreciation expenses related to real property

 6  shall be excluded from common expenses incurred during the

 7  guarantee period, except that for real property that is used

 8  for the production of fees, revenues, or other income,

 9  depreciation expenses shall be excluded only to the extent

10  that they exceed the net income from the production of such

11  fees, revenues, or other income. Any special assessment

12  imposed for amounts excluded from the developer guarantee

13  pursuant to this paragraph shall be paid proportionately by

14  all owners of timeshare interests, including the developer

15  with respect to the timeshare interests owned by the

16  developer, in accordance with the timeshare instrument.

17         (11)  Notwithstanding any provision of chapter 718 or

18  chapter 719 to the contrary, any determination by a timeshare

19  association of whether assessments exceed 115 percent of

20  assessments for the prior fiscal year shall exclude

21  anticipated expenses for insurance coverage required by law or

22  by the timeshare instrument to be maintained by the

23  association.

24         Section 9.  Section 721.165, Florida Statutes, is

25  amended to read:

26         721.165  Insurance.--

27         (1)  Notwithstanding any provision contained in the

28  timeshare instrument or in this chapter, chapter 718, or

29  chapter 719 to the contrary, the seller, initially, and

30  thereafter the managing entity, shall use due diligence to

31  obtain adequate casualty be responsible for obtaining

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 1  insurance as a common expense of the timeshare plan to protect

 2  the timeshare property against all reasonably foreseeable

 3  perils, in such covered amounts and subject to such reasonable

 4  exclusions and reasonable deductibles as are consistent with

 5  the provisions of this section accommodations and facilities

 6  of the timeshare plan in an amount equal to the replacement

 7  cost of such accommodations and facilities. Failure to obtain

 8  and maintain the insurance required by this subsection during

 9  any period of developer control of the managing entity shall

10  constitute a breach of s. 721.13(2)(a) by the managing entity,

11  unless the managing entity can show that, despite such

12  failure, it exercised due diligence to obtain and maintain the

13  insurance required by this subsection.

14         (2)  In making the determination as to whether the

15  insurance obtained pursuant to subsection (1) is adequate, the

16  managing entity shall take into account the following factors,

17  among others as may be applicable:

18         (a)  Available insurance coverages and related premiums

19  in the marketplace.

20         (b)  Amounts of any related deductibles, types of

21  exclusions, and coverage limitations, provided that for

22  purposes of this paragraph a deductible of 5 percent or less

23  shall be deemed to be reasonable per se.

24         (c)  The probable maximum loss relating to the insured

25  timeshare property during the policy term.

26         (d)  The extent to which a given peril is insurable

27  under commercially reasonable terms.

28         (e)  Amounts of any deferred maintenance or replacement

29  reserves on hand.

30         (f)  Geography and any special risks associated with

31  the location of the timeshare property.

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 1         (g)  The age and type of construction of the timeshare

 2  property.

 3         (3)  Notwithstanding any provision contained in this

 4  section or in the timeshare instrument to the contrary,

 5  insurance shall be procured and maintained by the managing

 6  entity for the timeshare property as a common expense of the

 7  timeshare plan against such perils, in such coverages, and

 8  subject to such reasonable deductions or reasonable exclusions

 9  as may be required by:

10         (a)  An institutional lender to a developer, for so

11  long as such lender holds a mortgage encumbering any interest

12  in or lien against a portion of the timeshare property; or

13         (b)  Any holder or pledgee of, or any institutional

14  lender having a security interest in, a pool of promissory

15  notes secured by mortgages or other security interests

16  relating to the timeshare plan, executed by purchasers in

17  connection with such purchasers' acquisition of timeshare

18  interests in such timeshare property, or any agent,

19  underwriter, placement agent, trustee, servicer, custodian, or

20  other portfolio manager acting on behalf of such holder,

21  pledgee, or institutional lender, for so long as any such

22  notes and mortgages or other security interests remain

23  outstanding.

24         (4)  Notwithstanding any provision contained in the

25  timeshare instrument or in this chapter, chapter 718, or

26  chapter 719 to the contrary, the managing entity is authorized

27  to apply any existing reserves for deferred maintenance and

28  capital expenditures toward payment of insurance deductibles

29  or the repair or replacement of the timeshare property after a

30  casualty without regard to the purposes for which such

31  reserves were originally established.

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 1         (5)(2)  A copy of each policy of insurance in effect

 2  shall be made available for reasonable inspection by

 3  purchasers and their authorized agents.

 4         Section 10.  Subsection (8) of section 721.52, Florida

 5  Statutes, is amended to read:

 6         721.52  Definitions.--As used in this chapter, the

 7  term:

 8         (8)  "Vacation club" means a multisite timeshare plan.

 9  However, notwithstanding any other provision of this chapter,

10  the use of the term "vacation club" by a person or entity as

11  part of a company, brand, or product name shall not, in and of

12  itself, subject the person, entity, or product being offered

13  to the provisions of this part unless the product offered

14  otherwise meets the definition of a "multisite timeshare plan"

15  as defined in subsection (4).

16         Section 11.  Paragraphs (f) and (h) of subsection (4)

17  and paragraph (l) of subsection (7) of section 721.55, Florida

18  Statutes, are amended to read:

19         721.55  Multisite timeshare plan public offering

20  statement.--Each filed public offering statement for a

21  multisite timeshare plan shall contain the information

22  required by this section and shall comply with the provisions

23  of s. 721.07, except as otherwise provided therein. The

24  division is authorized to provide by rule the method by which

25  a developer must provide such information to the division.

26  Each multisite timeshare plan filed public offering statement

27  shall contain the following information and disclosures:

28         (4)  A text, which shall include, where applicable, the

29  information and disclosures set forth in paragraphs (a)-(l).

30         (f)  If the provisions of s. 721.552 and the timeshare

31  instrument permit additions, substitutions, or deletions of

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 1  accommodations or facilities, the public offering statement

 2  must include substantially the following information:

 3         1.  Additions.--

 4         a.  A description of the basis upon which new

 5  accommodations and facilities may be added to the multisite

 6  timeshare plan; by whom additions may be made; and the

 7  anticipated effect of the addition of new accommodations and

 8  facilities upon the reservation system, its priorities, its

 9  rules and regulations, and the availability of existing

10  accommodations and facilities.

11         b.  The developer must disclose the existence of any

12  cap on annual increases in common expenses of the multisite

13  timeshare plan that would apply in the event that additional

14  accommodations and facilities are made a part of the plan.

15         c.  The developer shall also disclose any extent to

16  which the purchasers of the multisite timeshare plan will have

17  the right to consent to any proposed additions; if the

18  purchasers do not have the right to consent, the developer

19  must include the following disclosure in conspicuous type:

20  

21         Accommodations and facilities may be added to this

22  multisite timeshare plan (or multisite vacation ownership plan

23  or multisite vacation plan or vacation club) without the

24  consent of the purchasers. The addition of accommodations and

25  facilities to the plan may result in the addition of new

26  purchasers who will compete with existing purchasers in making

27  reservations for the use of available accommodations and

28  facilities within the plan, and may also result in an increase

29  in the annual assessment against purchasers for common

30  expenses.

31  

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 1         2.  Substitutions.--

 2         a.  A description of the basis upon which new

 3  accommodations and facilities may be substituted for existing

 4  accommodations and facilities of the multisite timeshare plan;

 5  by whom substitutions may be made; the basis upon which the

 6  determination may be made to cause such substitutions to

 7  occur; and any limitations upon the ability to cause

 8  substitutions to occur.

 9         b.  The developer shall also disclose any extent to

10  which purchasers will have the right to consent to any

11  proposed substitutions; if the purchasers do not have the

12  right to consent, the developer must include the following

13  disclosure in conspicuous type:

14  

15         New accommodations and facilities may be substituted

16  for existing accommodations and facilities of this multisite

17  timeshare plan (or multisite vacation ownership plan or

18  multisite vacation plan or vacation club) without the consent

19  of the purchasers. The replacement accommodations and

20  facilities may be located at a different place or may be of a

21  different type or quality than the replaced accommodations and

22  facilities. The substitution of accommodations and facilities

23  may also result in an increase in the annual assessment

24  against purchasers for common expenses.

25  

26         3.  Deletions.--A description of any provision of the

27  timeshare instrument governing deletion of accommodations or

28  facilities from the multisite timeshare plan. If the timeshare

29  instrument does not provide for business interruption

30  insurance in the event of a casualty, or if it is unavailable,

31  or if the instrument permits the developer, the managing

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 1  entity, or the purchasers to elect not to reconstruct after

 2  casualty under certain circumstances or to secure replacement

 3  accommodations or facilities in lieu of reconstruction, the

 4  public offering statement must contain a disclosure that

 5  during the reconstruction, replacement, or acquisition period,

 6  or as a result of a decision not to reconstruct, purchasers of

 7  the plan may temporarily compete for available accommodations

 8  on a greater than one-to-one use right purchaser to use night

 9  requirement accommodation ratio.

10         (h)  A description of the purchaser's liability for

11  common expenses of the multisite timeshare plan, including the

12  following:

13         1.  A description of the common expenses of the plan,

14  including the method of allocation and assessment of such

15  common expenses, whether component site common expenses and

16  real estate taxes are included within the total common expense

17  assessment of the multisite timeshare plan, and, if not, the

18  manner in which timely payment of component site common

19  expenses and real estate taxes shall be accomplished.

20         2.  A description of any cap imposed upon the level of

21  common expenses payable by the purchaser. In no event shall

22  the total common expense assessment for the multisite

23  timeshare plan in a given calendar year exceed 125 percent of

24  the total common expense assessment for the plan in the

25  previous calendar year.

26         3.  A description of the entity responsible for the

27  determination of the common expenses of the multisite

28  timeshare plan, as well as any entity which may increase the

29  level of common expenses assessed against the purchaser at the

30  multisite timeshare plan level.

31  

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 1         4.  A description of the method used to collect common

 2  expenses, including the entity responsible for such

 3  collections, and the lien rights of any entity for nonpayment

 4  of common expenses. If the common expenses of any component

 5  site are collected by the managing entity of the multisite

 6  timeshare plan, a statement to that effect together with the

 7  identity and address of the escrow agent required by s.

 8  721.56(3).

 9         5.  If the purchaser will receive an interest in a

10  nonspecific multisite timeshare plan, a statement that a

11  multisite timeshare plan budget is attached to the public

12  offering statement as an exhibit pursuant to paragraph (7)(c).

13  The multisite timeshare plan budget shall comply with the

14  provisions of s. 721.07(5)(t)(u).

15         6.  If the developer intends to guarantee the level of

16  assessments for the multisite timeshare plan, such guarantee

17  must be based upon a good faith estimate of the revenues and

18  expenses of the multisite timeshare plan. The guarantee must

19  include a description of the following:

20         a.  The specific time period, measured in one or more

21  calendar or fiscal years, during which the guarantee will be

22  in effect.

23         b.  A statement that the developer will pay all common

24  expenses incurred in excess of the total revenues of the

25  multisite timeshare plan, if the developer is to be excused

26  from the payment of assessments during the guarantee period.

27         c.  The level, expressed in total dollars, at which the

28  developer guarantees the assessments. If the developer has

29  reserved the right to extend or increase the guarantee level,

30  a disclosure must be included to that effect.

31  

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 1         7.  If required under applicable law, the developer

 2  shall also disclose the following matters for each component

 3  site:

 4         a.  Any limitation upon annual increases in common

 5  expenses;

 6         b.  The existence of any bad debt or working capital

 7  reserve; and

 8         c.  The existence of any replacement or deferred

 9  maintenance reserve.

10         (7)  The following documents shall be included as

11  exhibits to the filed public offering statement, if

12  applicable:

13         (l)1.  If the multisite timeshare plan contains any

14  component sites located in this state, the information

15  required by s. 721.07(5) pertaining to each such component

16  site unless exempt pursuant to s. 721.03.

17         2.  If the purchaser will receive a timeshare estate

18  pursuant to s. 721.57, or an interest in a specific multisite

19  timeshare plan, in a component site located outside of this

20  state but which is offered in this state, the information

21  required by s. 721.07(5) pertaining to that component site,

22  provided, however, that the provisions of s. 721.07(5)(t)(u)

23  shall only require disclosure of information related to the

24  estimated budget for the timeshare plan and purchaser's

25  expenses as required by the jurisdiction in which the

26  component site is located.

27         Section 12.  Paragraph (b) of subsection (1), paragraph

28  (g) of subsection (2), and subsection (3) of section 721.552,

29  Florida Statutes, are amended to read:

30         721.552  Additions, substitutions, or deletions of

31  component site accommodations or facilities; purchaser

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 1  remedies for violations.--Additions, substitutions, or

 2  deletions of component site accommodations or facilities may

 3  be made only in accordance with the following:

 4         (1)  ADDITIONS.--

 5         (b)  Any person who is authorized by the timeshare

 6  instrument to make additions to the multisite timeshare plan

 7  pursuant to this subsection shall act as a fiduciary in such

 8  capacity in the best interests of the purchasers of the plan

 9  as a whole and shall adhere to the demand balancing standard

10  set forth in s. 721.56(6) in connection with such additions.

11  Additions that are otherwise permitted may be made only so

12  long as a one-to-one use right purchaser to use night

13  requirement accommodation ratio is maintained at all times.

14         (2)  SUBSTITUTIONS.--

15         (g)  The person who is authorized by the timeshare

16  instrument to make substitutions to the multisite timeshare

17  plan pursuant to this subsection shall act as a fiduciary in

18  such capacity in the best interests of the purchasers of the

19  plan as a whole and shall adhere to the demand balancing

20  standard set forth in s. 721.56(6) in connection with such

21  substitutions. Substitutions that are otherwise permitted may

22  be made only so long as a one-to-one use right purchaser to

23  use night requirement accommodation ratio is maintained at all

24  times.

25         (3)  DELETIONS.--

26         (a)  Deletion by casualty.--

27         1.  Pursuant to s. 721.165, the timeshare instrument

28  creating the multisite timeshare plan must provide for

29  casualty insurance for the accommodations and facilities of

30  the multisite timeshare plan in an amount equal to the

31  replacement cost of such accommodations or facilities. The

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    Florida Senate - 2007                    CS for CS for SB 1374
    601-2671-07




 1  timeshare instrument must also provide that in the event of a

 2  casualty that results in accommodations or facilities being

 3  unavailable for use by purchasers, the managing entity shall

 4  notify all affected purchasers of such unavailability of use

 5  within 30 days after the event of casualty.

 6         2.  The timeshare instrument must also provide for the

 7  application of any insurance proceeds arising from a casualty

 8  to either the replacement or acquisition of additional similar

 9  accommodations or facilities or to the removal of purchasers

10  from the multisite timeshare plan so that purchasers will not

11  be competing for available accommodations on a greater than

12  one-to-one use right purchaser to use night requirement

13  accommodation ratio.

14         3.  If the timeshare instrument does not provide for

15  business interruption insurance, or if it is unavailable, or

16  if the instrument permits the developer, the managing entity,

17  or the purchasers to elect not to reconstruct after casualty

18  under certain circumstances or to secure replacement

19  accommodations or facilities in lieu of reconstruction,

20  purchasers of the plan may temporarily compete for available

21  accommodations on a greater than one-to-one use right

22  purchaser to use night requirement accommodation ratio. The

23  decision whether or not to reconstruct shall be made as

24  promptly as possible under the circumstances.

25         4.  Any replacement of accommodations or facilities

26  pursuant to this paragraph shall be made upon the same basis

27  as required for substitution as set forth in subparagraph

28  (2)(b)2.

29         (b)  Deletion by eminent domain.--

30         1.  The timeshare instrument creating the multisite

31  timeshare plan must also provide for the application of any

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    Florida Senate - 2007                    CS for CS for SB 1374
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 1  proceeds arising from a taking under eminent domain

 2  proceedings to either the replacement or acquisition of

 3  additional similar accommodations or facilities or to the

 4  removal of purchasers from the multisite timeshare plan so

 5  that purchasers will not be competing for available

 6  accommodations on a greater than one-to-one use right

 7  purchaser to use night requirement accommodation ratio.

 8         2.  Any replacement of accommodations or facilities

 9  pursuant to this paragraph shall be made upon the same basis

10  as required for substitution set forth in subparagraph

11  (2)(b)2.

12         (c)  Automatic deletion.--The timeshare instrument may

13  provide that a component site will be automatically deleted

14  upon the expiration of its term in a timeshare plan other than

15  a nonspecific multisite timeshare plan or as otherwise

16  provided in the timeshare instrument. However, the timeshare

17  instrument must also provide that in the event a component

18  site is deleted from the plan in this manner, a sufficient

19  number of purchasers of the plan will also be deleted so as to

20  maintain no greater than a one-to-one use right purchaser to

21  use night requirement accommodation ratio.

22         Section 13.  Subsection (1) of section 721.97, Florida

23  Statutes, is amended to read:

24         721.97  Timeshare commissioner of deeds.--

25         (1)  The Governor may appoint commissioners of deeds to

26  take acknowledgments, proofs of execution, or oaths in any

27  foreign country, in international waters, or in any

28  possession, territory, or commonwealth of the United States

29  outside the 50 states. The term of office is 4 years.

30  Commissioners of deeds shall have authority to take

31  acknowledgments, proofs of execution, and oaths in connection

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    Florida Senate - 2007                    CS for CS for SB 1374
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 1  with the execution of any deed, mortgage, deed of trust,

 2  contract, power of attorney, or any other writing to be used

 3  or recorded in connection with a timeshare estate, personal

 4  property timeshare interest, timeshare license, any property

 5  subject to a timeshare plan, or the operation of a timeshare

 6  plan located within this state; provided such instrument or

 7  writing is executed outside the United States. Such

 8  acknowledgments, proofs of execution, and oaths must be taken

 9  or made in the manner directed by the laws of this state,

10  including but not limited to s. 117.05(4), (5)(a), and (6),

11  Florida Statutes 1997, and certified by a commissioner of

12  deeds. The certification must be endorsed on or annexed to the

13  instrument or writing aforesaid and has the same effect as if

14  made or taken by a notary public licensed in this state.

15         Section 14.  This act shall take effect July 1, 2007.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                            CS/SB 1374

19                                 

20  The bill amends added subsection (42) of section 721.05, F.S.,
    to clarify that the lead dealer does not include persons
21  providing personal contact information not designed
    specifically to identify owners of timeshare interests, even
22  though the information may include five or more owners of
    timeshare interests.
23  
    The bill amends s.721.52(8), F.S., the definition of "vacation
24  club," to clarify that the law regulating vacation clubs does
    not apply to a business or entity simply because the term is
25  part of the business or entity's name.

26  

27  

28  

29  

30  

31  

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