HB 1153

1	A bill to be entitled
2	An act relating to homeowners' associations; amending s.
3	373.423, F.S.; requiring stormwater management systems,
4	dams, impoundments, reservoirs, appurtenant works, or
5	works to be inspected by the water management district or
6	the Department of Environmental Protection prior to being
7	dedicated to a homeowners' association; requiring the
8	permittee and the homeowners' association president to
9	attend the inspection; providing for compliance;
10	prohibiting the dedication of certain stormwater
11	management systems, dams, impoundments, reservoirs,
12	appurtenant works, or works to a homeowners' association;
13	amending s. 373.426, F.S.; providing that certain
14	stormwater management systems, dams, impoundments,
15	reservoirs, appurtenant works, or works are dedicated to
16	water management districts until the title of real estate
17	is established and determined; amending s. 720.304, F.S.;
18	authorizing the display of certain signs; amending s.
19	720.307, F.S.; requiring that certain structures are
20	inspected for compliance prior to relinquishment of
21	control of an association; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Subsection (4) is added to section 373.423,
26	Florida Statutes, to read:
27	373.423  Inspection.--
28	(4)  Prior to dedication of any stormwater management
29	system, dam, impoundment, reservoir, appurtenant work, or works
30	to a homeowners' association, the governing board or the
31	department shall conduct an inspection for compliance in the
32	presence of the permittee and the interim or acting president of
33	the homeowners' association. The governing board or the
34	department shall order immediate compliance by the permittee for
35	any noncompliant stormwater management system, dam, impoundment,
36	reservoir, appurtenant work, or works. The governing board shall
37	be responsible for compliance of any stormwater management
38	system, dam, impoundment, reservoir, appurtenant work, or works
39	constructed or abandoned pursuant s. 373.426(2). A stormwater
40	management system, dam, impoundment, reservoir, appurtenant
41	work, or works shall not be dedicated to a homeowners'
42	association until it has been determined to be in compliance.
43	Section 2.  Subsections (2) and (3) of section 373.426,
44	Florida Statutes, are renumbered as subsections (3) and (4),
45	respectively, and a new subsection (2) is added to that section
46	to read:
47	373.426  Abandonment.--
48	(2)  Any permitted stormwater management system, dam,
49	impoundment, reservoir, appurtenant work, or works constructed
50	or abandoned by an entity that has dissolved or is no longer in
51	operation that has not been dedicated to a homeowners'
52	association shall be considered dedicated to the governing board
53	until the title to real estate is established and determined.
54	Section 3.  Subsection (7) is added to section 720.304,
55	Florida Statutes, to read:
56	720.304  Right of owners to peaceably assemble; display of
57	flag; SLAPP suits prohibited; access ramps; signs.--
58	(7)  Any parcel owner may display a sign of reasonable size
59	advertising the sale of the parcel within the boundaries of the
60	parcel.
61	Section 4.  Subsection (4) of section 720.307, Florida
62	Statutes, is renumbered as subsection (5), and new subsection
63	(4) is added to that section to read:
64	720.307  Transition of association control in a
65	community.--With respect to homeowners' associations:
66	(4)  Prior to relinquishing control of the homeowners'
67	association, the developer shall ensure that any stormwater
68	management system, dam, impoundment, reservoir, appurtenant
69	work, or works are inspected for compliance with s. 373.423(4).
70	The developer shall be responsible for any corrective measures
71	required for compliance.
72	Section 5.  This act shall take effect July 1, 2008.

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