Amendment
Bill No. CS/HB 1249

Amendment No. 600723

CHAMBER ACTION
Senate		House
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1	Representative Bogdanoff offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (11) of section 718.111, Florida
6	Statutes, is amended to read:
7	718.111  The association.--
8	(11)  INSURANCE.--In order to protect the safety, health,
9	and welfare of the people of the State of Florida and to ensure
10	consistency in the provision of insurance coverage to
11	condominiums and their unit owners, this subsection applies
12	paragraphs (a), (b), and (c) are deemed to apply to every
13	residential condominium in the state, regardless of the date of
14	its declaration of condominium. It is the intent of the
15	Legislature to encourage lower or stable insurance premiums for
16	associations described in this subsection section.
17	(a)  Adequate hazard insurance, regardless of any
18	requirement in the declaration of condominium for coverage by
19	the association for full insurable value, replacement cost, or
20	similar coverage, shall be based upon the replacement cost of
21	the property to be insured as determined by an independent
22	insurance appraisal or update of a prior appraisal. The full
23	insurable value shall be determined at least once every 36
24	months.
25	1.  An association or group of associations may provide
26	adequate hazard insurance through a self-insurance fund that
27	complies with the requirements of ss. 624.460-624.488.
28	2.  The association may also provide adequate hazard
29	insurance coverage individually or for a group of no fewer than
30	three communities created and operating under this chapter,
31	chapter 719, chapter 720, or chapter 721 by obtaining and
32	maintaining for such communities insurance coverage sufficient
33	to cover an amount equal to the probable maximum loss for the
34	communities for a 250-year windstorm event. Such probable
35	maximum loss must be determined through the use of a competent
36	model that has been accepted by the Florida Commission on
37	Hurricane Loss Projection Methodology. No policy or program
38	providing such coverage shall be issued or renewed after July 1,
39	2008, unless it has been reviewed and approved by the Office of
40	Insurance Regulation.  The review and approval shall include
41	approval of the policy and related forms pursuant to ss. 627.410
42	and 627.411, approval of the rates pursuant to s. 627.062, a
43	determination that the loss model approved by the Commission was
44	accurately and appropriately applied to the insured structures
45	to determine the 250-year probable maximum loss, and a
46	determination that complete and  accurate disclosure of all
47	material provisions is provided to condominium unit owners prior
48	to execution of the agreement by a condominium association.
49	3.  When determining the adequate amount of hazard
50	insurance coverage, the association may consider deductibles as
51	determined by this subsection.
52	(b)  If an association is a developer-controlled
53	association, the association shall exercise its best efforts to
54	obtain and maintain insurance as described in paragraph (a).
55	Failure to obtain and maintain adequate hazard insurance during
56	any period of developer control constitutes a breach of
57	fiduciary responsibility by the developer-appointed members of
58	the board of directors of the association, unless the members
59	can show that despite such failure, they have made their best
60	efforts to maintain the required coverage.
61	(c)  Policies may include deductibles as determined by the
62	board.
63	1.  The deductibles shall be consistent with industry
64	standards and prevailing practice for communities of similar
65	size and age, and having similar construction and facilities in
66	the locale where the condominium property is situated.
67	2.  The deductibles may be based upon available funds,
68	including reserve accounts, or predetermined assessment
69	authority at the time the insurance is obtained.
70	3.  The board shall establish the amount of deductibles
71	based upon the level of available funds and predetermined
72	assessment authority at a meeting of the board. Such meeting
73	shall be open to all unit owners in the manner set forth in s.
74	718.112(2)(e). The notice of such meeting must state the
75	proposed deductible and the available funds and the assessment
76	authority relied upon by the board and estimate any potential
77	assessment amount against each unit, if any. The meeting
78	described in this paragraph may be held in conjunction with a
79	meeting to consider the proposed budget or an amendment thereto.
80	(d)  An association controlled by unit owners operating as
81	a residential condominium shall use its best efforts to obtain
82	and maintain adequate insurance to protect the association, the
83	association property, the common elements, and the condominium
84	property that is required to be insured by the association
85	pursuant to this subsection.
86	(e)  The declaration of condominium as originally recorded,
87	or as amended pursuant to procedures provided therein, may
88	provide that condominium property consisting of freestanding
89	buildings comprised of no more than one building in or on such
90	unit need not be insured by the association if the declaration
91	requires the unit owner to obtain adequate insurance for the
92	condominium property. An association may also obtain and
93	maintain liability insurance for directors and officers,
94	insurance for the benefit of association employees, and flood
95	insurance for common elements, association property, and units.
96	(f)  Every hazard insurance policy issued or renewed on or
97	after January 1, 2009, for the purpose of protecting the
98	condominium shall provide primary coverage for:
99	1.  All portions of the condominium property as originally
100	installed or replacement of like kind and quality, in accordance
101	with the original plans and specifications.
102	2.  All alterations or additions made to the condominium
103	property or association property pursuant to s. 718.113(2).
104	3.  The coverage shall exclude all personal property within
105	the unit or limited common elements, and floor, wall, and
106	ceiling coverings, electrical fixtures, appliances, water
107	heaters, water filters, built-in cabinets and countertops, and
108	window treatments, including curtains, drapes, blinds, hardware,
109	and similar window treatment components, or replacements of any
110	of the foregoing.
111	(g)  Every hazard insurance policy issued or renewed on or
112	after January 1, 2009, to an individual unit owner must contain
113	a provision stating that the coverage afforded by such policy is
114	excess coverage over the amount recoverable under any other
115	policy covering the same property. Such policies must include
116	special assessment coverage of no less than $2,000 per
117	occurrence. An insurance policy issued to an individual unit
118	owner providing such coverage does not provide rights of
119	subrogation against the condominium association operating the
120	condominium in which such individual's unit is located.
121	1.  All improvements or additions to the condominium
122	property that benefit fewer than all unit owners shall be
123	insured by the unit owner or owners having the use thereof, or
124	may be insured by the association at the cost and expense of the
125	unit owners having the use thereof.
126	2.  The association shall require each owner to provide
127	evidence of a currently effective policy of hazard and liability
128	insurance upon request, but not more than once per year. Upon
129	the failure of an owner to provide a certificate of insurance
130	issued by an insurer approved to write such insurance in this
131	state within 30 days after the date on which a written request
132	is delivered, the association may purchase a policy of insurance
133	on behalf of an owner. The cost of such a policy, together with
134	reconstruction costs undertaken by the association but which are
135	the responsibility of the unit owner, may be collected in the
136	manner provided for the collection of assessments in s. 718.116.
137	3.  All reconstruction work after a casualty loss shall be
138	undertaken by the association except as otherwise authorized in
139	this section. A unit owner may undertake reconstruction work on
140	portions of the unit with the prior written consent of the board
141	of administration. However, such work may be conditioned upon
142	the approval of the repair methods, the qualifications of the
143	proposed contractor, or the contract that is used for that
144	purpose. A unit owner shall obtain all required governmental
145	permits and approvals prior to commencing reconstruction.
146	4.  Unit owners are responsible for the cost of
147	reconstruction of any portions of the condominium property for
148	which the unit owner is required to carry casualty insurance,
149	and any such reconstruction work undertaken by the association
150	shall be chargeable to the unit owner and enforceable as an
151	assessment pursuant to s. 718.116. The association must be an
152	additional named insured and loss payee on all casualty
153	insurance policies issued to unit owners in the condominium
154	operated by the association.
155	5.  A multicondominium association may elect, by a majority
156	vote of the collective members of the condominiums operated by
157	the association, to operate such condominiums as a single
158	condominium for purposes of insurance matters, including, but
159	not limited to, the purchase of the hazard insurance required by
160	this section and the apportionment of deductibles and damages in
161	excess of coverage. The election to aggregate the treatment of
162	insurance premiums, deductibles, and excess damages constitutes
163	an amendment to the declaration of all condominiums operated by
164	the association, and the costs of insurance shall be stated in
165	the association budget. The amendments shall be recorded as
166	required by s. 718.110.
167	(h)  The association shall maintain insurance or fidelity
168	bonding of all persons who control or disburse funds of the
169	association. The insurance policy or fidelity bond must cover
170	the maximum funds that will be in the custody of the association
171	or its management agent at any one time. As used in this
172	paragraph, the term "persons who control or disburse funds of
173	the association" includes, but is not limited to, those
174	individuals authorized to sign checks on behalf of the
175	association, and the president, secretary, and treasurer of the
176	association. The association shall bear the cost of any such
177	bonding.
178	(i)  The association may amend the declaration of
179	condominium without regard to any requirement for approval by
180	mortgagees of amendments affecting insurance requirements for
181	the purpose of conforming the declaration of condominium to the
182	coverage requirements of this subsection.
183	(j)  Any portion of the condominium property required to be
184	insured by the association against casualty loss pursuant to
185	paragraph (f) which is damaged by casualty shall be
186	reconstructed, repaired, or replaced as necessary by the
187	association as a common expense. All hazard insurance
188	deductibles, uninsured losses, and other damages in excess of
189	hazard insurance coverage under the hazard insurance policies
190	maintained by the association are a common expense of the
191	condominium, except that:
192	1.  A unit owner is responsible for the costs of repair or
193	replacement of any portion of the condominium property not paid
194	by insurance proceeds, if such damage is caused by intentional
195	conduct, negligence, or failure to comply with the terms of the
196	declaration or the rules of the association by a unit owner, the
197	members of his or her family, unit occupants, tenants, guests,
198	or invitees, without compromise of the subrogation rights of any
199	insurer as set forth in paragraph (g).
200	2.  The provisions of subparagraph 1. regarding the
201	financial responsibility of a unit owner for the costs of
202	repairing or replacing other portions of the condominium
203	property also applies to the costs of repair or replacement of
204	personal property of other unit owners or the association, as
205	well as other property, whether real or personal, which the unit
206	owners are required to insure under paragraph (g).
207	3.  To the extent the cost of repair or reconstruction for
208	which the unit owner is responsible under this paragraph is
209	reimbursed to the association by insurance proceeds, and, to the
210	extent the association has collected the cost of such repair or
211	reconstruction from the unit owner, the association shall
212	reimburse the unit owner without the waiver of any rights of
213	subrogation.
214	4.  The association is not obligated to pay for repair or
215	reconstruction or repairs of casualty losses as a common expense
216	if the casualty losses were known or should have been known to a
217	unit owner and were not reported to the association until after
218	the insurance claim of the association for that casualty was
219	settled or resolved with finality, or denied on the basis that
220	it was untimely filed.
221	(k)  An association may, upon the approval of a majority of
222	the total voting interests in the association, opt out of the
223	provisions of paragraph (j) for the allocation of repair or
224	reconstruction expenses and allocate repair or reconstruction
225	expenses in the manner provided in the declaration as originally
226	recorded or as amended. Such vote may be approved by the voting
227	interests of the association without regard to any mortgagee
228	consent requirements.
229	(l)  In a multicondominium association that has not
230	consolidated its financial operations under s. 718.111(6), any
231	condominium operated by the association may opt out of the
232	provisions of paragraph (j) with the approval of a majority of
233	the total voting interests in that condominium. Such vote may be
234	approved by the voting interests without regard to any mortgagee
235	consent requirements.
236	(m)  Any association or condominium voting to opt out of
237	the guidelines for repair or reconstruction expenses as
238	described in paragraph (j) must record a notice setting forth
239	the date of the opt-out vote and the page of the official
240	records book on which the declaration is recorded. The decision
241	to opt out is effective upon the date of recording of the notice
242	in the public records by the association. An association that
243	has voted to opt out of paragraph (j) may reverse that decision
244	by the same vote required in paragraphs (k) and (l), and notice
245	thereof shall be recorded in the official records.
246	(n)  The association is not obligated to pay for any
247	reconstruction or repair expenses due to casualty loss to any
248	improvements installed by a current or former owner of the unit
249	or by the developer if the improvement benefits only the unit
250	for which it was installed and is not part of the standard
251	improvements installed by the developer on all units as part of
252	original construction, whether or not such improvement is
253	located within the unit. This paragraph does not relieve any
254	party of its obligations regarding recovery due under any
255	insurance implemented specifically for any such improvements.
256	(o)  The provisions of this subsection shall not apply to
257	timeshare condominium associations.  Insurance for timeshare
258	condominium associations shall be maintained pursuant to s.
259	721.165.
260	Therefore, the Legislature requires a report to be prepared by
261	the Office of Insurance Regulation of the Department of
262	Financial Services for publication 18 months from the effective
263	date of this act, evaluating premium increases or decreases for
264	associations, unit owner premium increases or decreases,
265	recommended changes to better define common areas, or any other
266	information the Office of Insurance Regulation deems
267	appropriate.
268	(a)  A unit-owner controlled association operating a
269	residential condominium shall use its best efforts to obtain and
270	maintain adequate insurance to protect the association, the
271	association property, the common elements, and the condominium
272	property required to be insured by the association pursuant to
273	paragraph (b). If the association is developer controlled, the
274	association shall exercise due diligence to obtain and maintain
275	such insurance. Failure to obtain and maintain adequate
276	insurance during any period of developer control shall
277	constitute a breach of fiduciary responsibility by the
278	developer-appointed members of the board of directors of the
279	association, unless said members can show that despite such
280	failure, they have exercised due diligence. The declaration of
281	condominium as originally recorded, or amended pursuant to
282	procedures provided therein, may require that condominium
283	property consisting of freestanding buildings where there is no
284	more than one building in or on such unit need not be insured by
285	the association if the declaration requires the unit owner to
286	obtain adequate insurance for the condominium property. An
287	association may also obtain and maintain liability insurance for
288	directors and officers, insurance for the benefit of association
289	employees, and flood insurance for common elements, association
290	property, and units. Adequate insurance, regardless of any
291	requirement in the declaration of condominium for coverage by
292	the association for "full insurable value," "replacement cost,"
293	or the like, may include reasonable deductibles as determined by
294	the board based upon available funds or predetermined assessment
295	authority at the time that the insurance is obtained.
296	1.  Windstorm insurance coverage for a group of no fewer
297	than three communities created and operating under this chapter,
298	chapter 719, chapter 720, or chapter 721 may be obtained and
299	maintained for the communities if the insurance coverage is
300	sufficient to cover an amount equal to the probable maximum loss
301	for the communities for a 250-year windstorm event. Such
302	probable maximum loss must be determined through the use of a
303	competent model that has been accepted by the Florida Commission
304	on Hurricane Loss Projection Methodology. Such insurance
305	coverage is deemed adequate windstorm insurance for the purposes
306	of this section.
307	2.  An association or group of associations may self-insure
308	against claims against the association, the association
309	property, and the condominium property required to be insured by
310	an association, upon compliance with the applicable provisions
311	of ss. 624.460-624.488, which shall be considered adequate
312	insurance for the purposes of this section. A copy of each
313	policy of insurance in effect shall be made available for
314	inspection by unit owners at reasonable times.
315	(b)  Every hazard insurance policy issued or renewed on or
316	after January 1, 2004, to protect the condominium shall provide
317	primary coverage for:
318	1.  All portions of the condominium property located
319	outside the units;
320	2.  The condominium property located inside the units as
321	such property was initially installed, or replacements thereof
322	of like kind and quality and in accordance with the original
323	plans and specifications or, if the original plans and
324	specifications are not available, as they existed at the time
325	the unit was initially conveyed; and
326	3.  All portions of the condominium property for which the
327	declaration of condominium requires coverage by the association.
328
329	Anything to the contrary notwithstanding, the terms "condominium
330	property," "building," "improvements," "insurable improvements,"
331	"common elements," "association property," or any other term
332	found in the declaration of condominium which defines the scope
333	of property or casualty insurance that a condominium association
334	must obtain shall exclude all floor, wall, and ceiling
335	coverings, electrical fixtures, appliances, air conditioner or
336	heating equipment, water heaters, water filters, built-in
337	cabinets and countertops, and window treatments, including
338	curtains, drapes, blinds, hardware, and similar window treatment
339	components, or replacements of any of the foregoing which are
340	located within the boundaries of a unit and serve only one unit
341	and all air conditioning compressors that service only an
342	individual unit, whether or not located within the unit
343	boundaries. The foregoing is intended to establish the property
344	or casualty insuring responsibilities of the association and
345	those of the individual unit owner and do not serve to broaden
346	or extend the perils of coverage afforded by any insurance
347	contract provided to the individual unit owner. Beginning
348	January 1, 2004, the association shall have the authority to
349	amend the declaration of condominium, without regard to any
350	requirement for mortgagee approval of amendments affecting
351	insurance requirements, to conform the declaration of
352	condominium to the coverage requirements of this section.
353	(c)  Every hazard insurance policy issued or renewed on or
354	after January 1, 2004, to an individual unit owner shall provide
355	that the coverage afforded by such policy is excess over the
356	amount recoverable under any other policy covering the same
357	property. Each insurance policy issued to an individual unit
358	owner providing such coverage shall be without rights of
359	subrogation against the condominium association that operates
360	the condominium in which such unit owner's unit is located. All
361	real or personal property located within the boundaries of the
362	unit owner's unit which is excluded from the coverage to be
363	provided by the association as set forth in paragraph (b) shall
364	be insured by the individual unit owner.
365	(d)  The association shall obtain and maintain adequate
366	insurance or fidelity bonding of all persons who control or
367	disburse funds of the association. The insurance policy or
368	fidelity bond must cover the maximum funds that will be in the
369	custody of the association or its management agent at any one
370	time. As used in this paragraph, the term "persons who control
371	or disburse funds of the association" includes, but is not
372	limited to, those individuals authorized to sign checks and the
373	president, secretary, and treasurer of the association. The
374	association shall bear the cost of bonding.
375	Section 2.  Paragraph (a) of subsection (1) of section
376	718.115, Florida Statutes, is amended to read:
377	718.115  Common expenses and common surplus.--
378	(1)(a)  Common expenses include the expenses of the
379	operation, maintenance, repair, replacement, or protection of
380	the common elements and association property, costs of carrying
381	out the powers and duties of the association, and any other
382	expense, whether or not included in the foregoing, designated as
383	common expense by this chapter, the declaration, the documents
384	creating the association, or the bylaws. Common expenses also
385	include reasonable transportation services, insurance for
386	directors and officers, road maintenance and operation expenses,
387	in-house communications, and security services, which are
388	reasonably related to the general benefit of the unit owners
389	even if such expenses do not attach to the common elements or
390	property of the condominium. However, such common expenses must
391	either have been services or items provided on or after the date
392	control of the association is transferred from the developer to
393	the unit owners or must be services or items provided for in the
394	condominium documents or bylaws. Unless the manner of payment or
395	allocation of expenses is otherwise addressed in the declaration
396	of condominium, the expenses of any items or services required
397	by any federal, state, or local governmental entity to be
398	installed, maintained, or supplied to the condominium property
399	by the association, including, but not limited to, fire safety
400	equipment or water and sewer service where a master meter serves
401	the condominium, shall be common expenses whether or not such
402	items or services are specifically identified as common expenses
403	in the declaration of condominium, articles of incorporation, or
404	bylaws of the association.
405	Section 3.  Subsection (8) of section 718.116, Florida
406	Statutes, is amended to read:
407	718.116  Assessments; liability; lien and priority;
408	interest; collection.--
409	(8)  Within 15 days after receiving a written request
410	therefor from a unit owner or his or her designee purchaser, or
411	a unit mortgagee or his or her designee, the association shall
412	provide a certificate signed by an officer or agent of the
413	association stating all assessments and other moneys owed to the
414	association by the unit owner with respect to the condominium
415	parcel.
416	(a)  Any person other than the owner who relies upon such
417	certificate shall be protected thereby.
418	(b)  A summary proceeding pursuant to s. 51.011 may be
419	brought to compel compliance with this subsection, and in any
420	such action the prevailing party is entitled to recover
421	reasonable attorney's fees.
422	(c)  Notwithstanding any limitation on transfer fees
423	contained in s. 718.112(2)(i), the association or its authorized
424	agent may charge a reasonable fee for the preparation of the
425	certificate. The amount of the fee must be included on the
426	certificate.
427	(d)  The authority to charge a fee for the certificate
428	shall be established by a written resolution adopted by the
429	board or provided by a written management, bookkeeping, or
430	maintenance contract and is payable upon the preparation of the
431	certificate. If the certificate is requested in conjunction with
432	the sale or mortgage of a unit but the closing does not occur
433	and no later than 30 days after the closing date for which the
434	certificate was sought the preparer receives a written request,
435	accompanied by reasonable documentation, that the sale did not
436	occur from a payer that is not the unit owner, the fee shall be
437	refunded to that payer within 30 days after receipt of the
438	request. The refund is the obligation of the unit owner, and the
439	association may collect it from that owner in the same manner as
440	an assessment as provided in this section.
441	Section 4.  Paragraph (c) of subsection (17) of section
442	718.117, Florida Statutes, is amended to read:
443	718.117  Termination of condominium.--
444	(17)  DISTRIBUTION.--
445	(c)  The proceeds from any sale of condominium property or
446	association property and any remaining condominium property or
447	association property, common surplus, and other assets shall be
448	distributed in the following priority:
449	1.  To pay the reasonable termination trustee's fees and
450	costs and accounting fees and costs.
451	2.  To lienholders of liens recorded prior to the recording
452	of the declaration.
453	3.  To purchase-money lienholders on units to the extent
454	necessary to satisfy their liens; however, the distribution may
455	not exceed a unit owner's share of the proceeds.
456	4.  To lienholders of liens of the association which have
457	been consented to under s. 718.121(1).
458	5.  To creditors of the association, as their interests
459	appear.
460	6.  To unit owners, the proceeds of any sale of condominium
461	property subject to satisfaction of liens on each unit in their
462	order of priority, in shares specified in the plan of
463	termination, unless objected to by a unit owner or lienor as
464	provided in paragraph (b).
465	7.  To unit owners, the remaining condominium property,
466	subject to satisfaction of liens on each unit in their order of
467	priority, in shares specified in the plan of termination, unless
468	objected to by a unit owner or a lienor as provided in paragraph
469	(b).
470	8.  To unit owners, the proceeds of any sale of association
471	property, the remaining association property, common surplus,
472	and other assets of the association, subject to satisfaction of
473	liens on each unit in their order of priority, in shares
474	specified in the plan of termination, unless objected to by a
475	unit owner or a lienor as provided in paragraph (b).
476	Section 5.  Section 720.30851, Florida Statutes, is created
477	to read:
478	720.30851  Estoppel certificates.--Within 15 days after the
479	date on which a request for an estoppel certificate is received
480	from a parcel owner or mortgagee, or his or her designee, the
481	association shall provide a certificate signed by an officer or
482	authorized agent of the association stating all assessments and
483	other moneys owed to the association by the parcel owner or
484	mortgagee with respect to the parcel. An association may charge
485	a fee for the preparation of such certificate, and the amount of
486	such fee must be stated on the certificate.
487	(1)  Any person other than a parcel owner who relies upon a
488	certificate receives the benefits and protection thereof.
489	(2)  A summary proceeding pursuant to s. 51.011 may be
490	brought to compel compliance with this section, and the
491	prevailing party is entitled to recover reasonable attorney's
492	fees.
493	(3)  The authority to charge a fee for a certificate
494	required by this section shall be established by written
495	resolution adopted by the board or provided by written
496	management, bookkeeping, or maintenance contract. The fee is
497	payable upon the preparation of the certificate, and, if the
498	certificate is requested in conjunction with the sale or
499	mortgage of a unit and the closing does not occur, the fee shall
500	be refunded promptly upon written notice from the person
501	requesting the certificate stating that the sale or mortgage did
502	not occur. Any such refund is the obligation of the unit owner
503	and is collectible in the same manner as an assessment as
504	provided in this section.
505	Section 6.  Paragraphs (d) and (j) of subsection (2) of
506	section 20.165, Florida Statutes, are amended to read:
507	20.165  Department of Business and Professional
508	Regulation.--There is created a Department of Business and
509	Professional Regulation.
510	(2)  The following divisions of the Department of Business
511	and Professional Regulation are established:
512	(d)  Division of Florida Land Sales, Condominiums,
513	Timeshares, and Mobile Homes.
514	(j)  Division of Technology, Licensure, and Testing.
515	Section 7.  Subsection (2) of section 73.073, Florida
516	Statutes, is amended to read:
517	73.073  Eminent domain procedure with respect to
518	condominium common elements.--
519	(2)  With respect to the exercise of eminent domain or a
520	negotiated sale for the purchase or taking of a portion of the
521	common elements of a condominium, the condemning authority shall
522	have the responsibility of contacting the condominium
523	association and acquiring the most recent rolls indicating the
524	names of the unit owners or contacting the appropriate taxing
525	authority to obtain the names of the owners of record on the tax
526	rolls. Notification shall thereupon be sent by certified mail,
527	return receipt requested, to the unit owners of record of the
528	condominium units by the condemning authority indicating the
529	intent to purchase or take the required property and requesting
530	a response from the unit owner. The condemning authority shall
531	be responsible for the expense of sending notification pursuant
532	to this section. Such notice shall, at a minimum, include:
533	(a)  The name and address of the condemning authority.
534	(b)  A written or visual description of the property.
535	(c)  The public purpose for which the property is needed.
536	(d)  The appraisal value of the property.
537	(e)  A clear, concise statement relating to the unit
538	owner's right to object to the taking or appraisal value and the
539	procedures and effects of exercising that right.
540	(f)  A clear, concise statement relating to the power of
541	the association to convey the property on behalf of the unit
542	owners if no objection to the taking or appraisal value is
543	raised, and the effects of this alternative on the unit owner.
544
545	The Division of Florida Land Sales, Condominiums, Timeshares,
546	and Mobile Homes of the Department of Business and Professional
547	Regulation may adopt, by rule, a standard form for such notice
548	and may require the notice to include any additional relevant
549	information.
550	Section 8.  Subsections (2) and (3) of section 190.009,
551	Florida Statutes, are amended to read:
552	190.009  Disclosure of public financing.--
553	(2)  The Division of Florida Land Sales, Condominiums, and
554	Mobile Homes of the Department of Business and Professional
555	Regulation shall ensure that disclosures made by developers
556	pursuant to chapter 498 meet the requirements of subsection (1).
557	(2)(3)  The Department of Community Affairs shall keep a
558	current list of districts and their disclosures pursuant to this
559	act and shall make such studies and reports and take such
560	actions as it deems necessary.
561	Section 9.  Paragraph (e) of subsection (6) of section
562	192.037, Florida Statutes, is amended to read:
563	192.037  Fee timeshare real property; taxes and
564	assessments; escrow.--
565	(6)
566	(e)  On or before May 1 of each year, a statement of
567	receipts and disbursements of the escrow account must be filed
568	with the Division of Florida Land Sales, Condominiums,
569	Timeshares, and Mobile Homes of the Department of Business and
570	Professional Regulation, which may enforce this paragraph
571	pursuant to s. 721.26. This statement must appropriately show
572	the amount of principal and interest in such account.
573	Section 10.  Paragraph (i) of subsection (8) of section
574	213.053, Florida Statutes, is amended to read:
575	213.053  Confidentiality and information sharing.--
576	(8)  Notwithstanding any other provision of this section,
577	the department may provide:
578	(i)  Information relative to chapters 212 and 326 to the
579	Division of Florida Land Sales, Condominiums, Timeshares, and
580	Mobile Homes of the Department of Business and Professional
581	Regulation in the conduct of its official duties.
582
583	Disclosure of information under this subsection shall be
584	pursuant to a written agreement between the executive director
585	and the agency. Such agencies, governmental or nongovernmental,
586	shall be bound by the same requirements of confidentiality as
587	the Department of Revenue. Breach of confidentiality is a
588	misdemeanor of the first degree, punishable as provided by s.
589	775.082 or s. 775.083.
590	Section 11.  Paragraph (d) of subsection (4) of section
591	215.20, Florida Statutes, is amended to read:
592	215.20  Certain income and certain trust funds to
593	contribute to the General Revenue Fund.--
594	(4)  The income of a revenue nature deposited in the
595	following described trust funds, by whatever name designated, is
596	that from which the appropriations authorized by subsection (3)
597	shall be made:
598	(d)  Within the Department of Business and Professional
599	Regulation:
600	1.  The Administrative Trust Fund.
601	2.  The Alcoholic Beverage and Tobacco Trust Fund.
602	3.  The Cigarette Tax Collection Trust Fund.
603	4.  The Division of Florida Land Sales, Condominiums,
604	Timeshares, and Mobile Homes Trust Fund.
605	5.  The Hotel and Restaurant Trust Fund, with the exception
606	of those fees collected for the purpose of funding of the
607	hospitality education program as stated in s. 509.302.
608	6.  The Professional Regulation Trust Fund.
609	7.  The trust funds administered by the Division of Pari-
610	mutuel Wagering.
611
612	The enumeration of the foregoing moneys or trust funds shall not
613	prohibit the applicability thereto of s. 215.24 should the
614	Governor determine that for the reasons mentioned in s. 215.24
615	the money or trust funds should be exempt herefrom, as it is the
616	purpose of this law to exempt income from its force and effect
617	when, by the operation of this law, federal matching funds or
618	contributions or private grants to any trust fund would be lost
619	to the state.
620	Section 12.  Subsection (2) of section 326.002, Florida
621	Statutes, is amended to read:
622	326.002  Definitions.--As used in ss. 326.001-326.006, the
623	term:
624	(2)  "Division" means the Division of Florida Land Sales,
625	Condominiums, Timeshares, and Mobile Homes of the Department of
626	Business and Professional Regulation.
627	Section 13.  Paragraph (d) of subsection (2) and subsection
628	(3) of section 326.006, Florida Statutes, are amended to read:
629	326.006  Powers and duties of division.--
630	(2)  The division has the power to enforce and ensure
631	compliance with the provisions of this chapter and rules adopted
632	under this chapter relating to the sale and ownership of yachts
633	and ships. In performing its duties, the division has the
634	following powers and duties:
635	(d)  Notwithstanding any remedies available to a yacht or
636	ship purchaser, if the division has reasonable cause to believe
637	that a violation of any provision of this chapter or rule
638	adopted under this chapter has occurred, the division may
639	institute enforcement proceedings in its own name against any
640	broker or salesperson or any of his or her assignees or agents,
641	or against any unlicensed person or any of his or her assignees
642	or agents, as follows:
643	1.  The division may permit a person whose conduct or
644	actions are under investigation to waive formal proceedings and
645	enter into a consent proceeding whereby orders, rules, or
646	letters of censure or warning, whether formal or informal, may
647	be entered against the person.
648	2.  The division may issue an order requiring the broker or
649	salesperson or any of his or her assignees or agents, or
650	requiring any unlicensed person or any of his or her assignees
651	or agents, to cease and desist from the unlawful practice and
652	take such affirmative action as in the judgment of the division
653	will carry out the purposes of this chapter.
654	3.  The division may bring an action in circuit court on
655	behalf of a class of yacht or ship purchasers for declaratory
656	relief, injunctive relief, or restitution.
657	4.  The division may impose a civil penalty against a
658	broker or salesperson or any of his or her assignees or agents,
659	or against an unlicensed person or any of his or her assignees
660	or agents, for any violation of this chapter or a rule adopted
661	under this chapter. A penalty may be imposed for each day of
662	continuing violation, but in no event may the penalty for any
663	offense exceed $10,000. All amounts collected must be deposited
664	with the Chief Financial Officer to the credit of the Division
665	of Florida Land Sales, Condominiums, Timeshares, and Mobile
666	Homes Trust Fund. If a broker, salesperson, or unlicensed person
667	working for a broker, fails to pay the civil penalty, the
668	division shall thereupon issue an order suspending the broker's
669	license until such time as the civil penalty is paid or may
670	pursue enforcement of the penalty in a court of competent
671	jurisdiction. The order imposing the civil penalty or the order
672	of suspension may not become effective until 20 days after the
673	date of such order. Any action commenced by the division must be
674	brought in the county in which the division has its executive
675	offices or in the county where the violation occurred.
676	(3)  All fees must be deposited in the Division of Florida
677	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
678	Fund as provided by law.
679	Section 14.  Subsection (18) of section 380.05, Florida
680	Statutes, is amended to read:
681	380.05  Areas of critical state concern.--
682	(18)  Neither the designation of an area of critical state
683	concern nor the adoption of any regulations for such an area
684	shall in any way limit or modify the rights of any person to
685	complete any development that was has been authorized by
686	registration of a subdivision pursuant to former chapter 498 or
687	former chapter 478, by recordation pursuant to local subdivision
688	plat law, or by a building permit or other authorization to
689	commence development on which there has been reliance and a
690	change of position, and which registration or recordation was
691	accomplished, or which permit or authorization was issued, prior
692	to the approval under subsection (6), or the adoption under
693	subsection (8), of land development regulations for the area of
694	critical state concern. If a developer has by his or her actions
695	in reliance on prior regulations obtained vested or other legal
696	rights that in law would have prevented a local government from
697	changing those regulations in a way adverse to the developer's
698	interests, nothing in this chapter authorizes any governmental
699	agency to abridge those rights.
700	Section 15.  Subsection (20) of section 380.06, Florida
701	Statutes, is amended to read:
702	380.06  Developments of regional impact.--
703	(20)  VESTED RIGHTS.--Nothing in this section shall limit
704	or modify the rights of any person to complete any development
705	that was has been authorized by registration of a subdivision
706	pursuant to former chapter 498, by recordation pursuant to local
707	subdivision plat law, or by a building permit or other
708	authorization to commence development on which there has been
709	reliance and a change of position and which registration or
710	recordation was accomplished, or which permit or authorization
711	was issued, prior to July 1, 1973. If a developer has, by his or
712	her actions in reliance on prior regulations, obtained vested or
713	other legal rights that in law would have prevented a local
714	government from changing those regulations in a way adverse to
715	the developer's interests, nothing in this chapter authorizes
716	any governmental agency to abridge those rights.
717	(a)  For the purpose of determining the vesting of rights
718	under this subsection, approval pursuant to local subdivision
719	plat law, ordinances, or regulations of a subdivision plat by
720	formal vote of a county or municipal governmental body having
721	jurisdiction after August 1, 1967, and prior to July 1, 1973, is
722	sufficient to vest all property rights for the purposes of this
723	subsection; and no action in reliance on, or change of position
724	concerning, such local governmental approval is required for
725	vesting to take place. Anyone claiming vested rights under this
726	paragraph must so notify the department in writing by January 1,
727	1986. Such notification shall include information adequate to
728	document the rights established by this subsection. When such
729	notification requirements are met, in order for the vested
730	rights authorized pursuant to this paragraph to remain valid
731	after June 30, 1990, development of the vested plan must be
732	commenced prior to that date upon the property that the state
733	land planning agency has determined to have acquired vested
734	rights following the notification or in a binding letter of
735	interpretation. When the notification requirements have not been
736	met, the vested rights authorized by this paragraph shall expire
737	June 30, 1986, unless development commenced prior to that date.
738	(b)  For the purpose of this act, the conveyance of, or the
739	agreement to convey, property to the county, state, or local
740	government as a prerequisite to zoning change approval shall be
741	construed as an act of reliance to vest rights as determined
742	under this subsection, provided such zoning change is actually
743	granted by such government.
744	Section 16.  Paragraph (a) of subsection (4) of section
745	380.0651, Florida Statutes, is amended to read:
746	380.0651  Statewide guidelines and standards.--
747	(4)  Two or more developments, represented by their owners
748	or developers to be separate developments, shall be aggregated
749	and treated as a single development under this chapter when they
750	are determined to be part of a unified plan of development and
751	are physically proximate to one other.
752	(a)  The criteria of two of the following subparagraphs
753	must be met in order for the state land planning agency to
754	determine that there is a unified plan of development:
755	1.a.  The same person has retained or shared control of the
756	developments;
757	b.  The same person has ownership or a significant legal or
758	equitable interest in the developments; or
759	c.  There is common management of the developments
760	controlling the form of physical development or disposition of
761	parcels of the development.
762	2.  There is a reasonable closeness in time between the
763	completion of 80 percent or less of one development and the
764	submission to a governmental agency of a master plan or series
765	of plans or drawings for the other development which is
766	indicative of a common development effort.
767	3.  A master plan or series of plans or drawings exists
768	covering the developments sought to be aggregated which have
769	been submitted to a local general-purpose government, water
770	management district, the Florida Department of Environmental
771	Protection, or the Division of Florida Land Sales, Condominiums,
772	Timeshares, and Mobile Homes for authorization to commence
773	development. The existence or implementation of a utility's
774	master utility plan required by the Public Service Commission or
775	general-purpose local government or a master drainage plan shall
776	not be the sole determinant of the existence of a master plan.
777	4.  The voluntary sharing of infrastructure that is
778	indicative of a common development effort or is designated
779	specifically to accommodate the developments sought to be
780	aggregated, except that which was implemented because it was
781	required by a local general-purpose government; water management
782	district; the Department of Environmental Protection; the
783	Division of Florida Land Sales, Condominiums, Timeshares, and
784	Mobile Homes; or the Public Service Commission.
785	5.  There is a common advertising scheme or promotional
786	plan in effect for the developments sought to be aggregated.
787	Section 17.  Paragraph (c) of subsection (4) of section
788	381.0065, Florida Statutes, is amended to read:
789	381.0065  Onsite sewage treatment and disposal systems;
790	regulation.--
791	(4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
792	not construct, repair, modify, abandon, or operate an onsite
793	sewage treatment and disposal system without first obtaining a
794	permit approved by the department. The department may issue
795	permits to carry out this section, but shall not make the
796	issuance of such permits contingent upon prior approval by the
797	Department of Environmental Protection, except that the issuance
798	of a permit for work seaward of the coastal construction control
799	line established under s. 161.053 shall be contingent upon
800	receipt of any required coastal construction control line permit
801	from the Department of Environmental Protection. A construction
802	permit is valid for 18 months from the issuance date and may be
803	extended by the department for one 90-day period under rules
804	adopted by the department. A repair permit is valid for 90 days
805	from the date of issuance. An operating permit must be obtained
806	prior to the use of any aerobic treatment unit or if the
807	establishment generates commercial waste. Buildings or
808	establishments that use an aerobic treatment unit or generate
809	commercial waste shall be inspected by the department at least
810	annually to assure compliance with the terms of the operating
811	permit. The operating permit for a commercial wastewater system
812	is valid for 1 year from the date of issuance and must be
813	renewed annually. The operating permit for an aerobic treatment
814	unit is valid for 2 years from the date of issuance and must be
815	renewed every 2 years. If all information pertaining to the
816	siting, location, and installation conditions or repair of an
817	onsite sewage treatment and disposal system remains the same, a
818	construction or repair permit for the onsite sewage treatment
819	and disposal system may be transferred to another person, if the
820	transferee files, within 60 days after the transfer of
821	ownership, an amended application providing all corrected
822	information and proof of ownership of the property. There is no
823	fee associated with the processing of this supplemental
824	information. A person may not contract to construct, modify,
825	alter, repair, service, abandon, or maintain any portion of an
826	onsite sewage treatment and disposal system without being
827	registered under part III of chapter 489. A property owner who
828	personally performs construction, maintenance, or repairs to a
829	system serving his or her own owner-occupied single-family
830	residence is exempt from registration requirements for
831	performing such construction, maintenance, or repairs on that
832	residence, but is subject to all permitting requirements. A
833	municipality or political subdivision of the state may not issue
834	a building or plumbing permit for any building that requires the
835	use of an onsite sewage treatment and disposal system unless the
836	owner or builder has received a construction permit for such
837	system from the department. A building or structure may not be
838	occupied and a municipality, political subdivision, or any state
839	or federal agency may not authorize occupancy until the
840	department approves the final installation of the onsite sewage
841	treatment and disposal system. A municipality or political
842	subdivision of the state may not approve any change in occupancy
843	or tenancy of a building that uses an onsite sewage treatment
844	and disposal system until the department has reviewed the use of
845	the system with the proposed change, approved the change, and
846	amended the operating permit.
847	(c)  Notwithstanding the provisions of paragraphs (a) and
848	(b), for subdivisions platted of record on or before October 1,
849	1991, when a developer or other appropriate entity has
850	previously made or makes provisions, including financial
851	assurances or other commitments, acceptable to the Department of
852	Health, that a central water system will be installed by a
853	regulated public utility based on a density formula, private
854	potable wells may be used with onsite sewage treatment and
855	disposal systems until the agreed-upon densities are reached.
856	The department may consider assurances filed with the Department
857	of Business and Professional Regulation under chapter 498 in
858	determining the adequacy of the financial assurance required by
859	this paragraph. In a subdivision regulated by this paragraph,
860	the average daily sewage flow may not exceed 2,500 gallons per
861	acre per day. This section does not affect the validity of
862	existing prior agreements. After October 1, 1991, the exception
863	provided under this paragraph is not available to a developer or
864	other appropriate entity.
865	Section 18.  Subsections (8) through (12) of section
866	450.33, Florida Statutes, are amended to read:
867	450.33  Duties of farm labor contractor.--Every farm labor
868	contractor must:
869	(8)  File, within such time as the department may
870	prescribe, a set of his or her fingerprints.
871	(8)(9)  Produce evidence to the department that each
872	vehicle he or she uses for the transportation of employees
873	complies with the requirements and specifications established in
874	chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
875	Pub. L. No. 97-470 meeting Department of Transportation
876	requirements or, in lieu thereof, bears a valid inspection
877	sticker showing that the vehicle has passed the inspection in
878	the state in which the vehicle is registered.
879	(9)(10)  Comply with all applicable statutes, rules, and
880	regulations of the United States and of the State of Florida for
881	the protection or benefit of labor, including, but not limited
882	to, those providing for wages, hours, fair labor standards,
883	social security, workers' compensation, unemployment
884	compensation, child labor, and transportation.
885	(10)(11)  Maintain accurate daily field records for each
886	employee actually paid by the farm labor contractor reflecting
887	the hours worked for the farm labor contractor and, if paid by
888	unit, the number of units harvested and the amount paid per
889	unit.
890	(11)(12)  Clearly display on each vehicle used to transport
891	migrant or seasonal farm workers a display sticker issued by the
892	department, which states that the vehicle is authorized by the
893	department to transport farm workers and the expiration date of
894	the authorization.
895	Section 19.  Subsection (10) is added to section 455.203,
896	Florida Statutes, to read:
897	455.203  Department; powers and duties.--The department,
898	for the boards under its jurisdiction, shall:
899	(10)  Have authority to:
900	(a)  Close and terminate deficient license application
901	files 2 years after the board or the department notifies the
902	applicant of the deficiency; and
903	(b)  Approve applications for professional licenses that
904	meet all statutory and rule requirements for licensure.
905	Section 20.  Subsection (5) of section 455.116, Florida
906	Statutes, is amended to read:
907	455.116  Regulation trust funds.--The following trust funds
908	shall be placed in the department:
909	(5)  Division of Florida Land Sales, Condominiums,
910	Timeshares, and Mobile Homes Trust Fund.
911	Section 21.  Subsection (1) of section 455.217, Florida
912	Statutes, is amended to read:
913	455.217  Examinations.--This section shall be read in
914	conjunction with the appropriate practice act associated with
915	each regulated profession under this chapter.
916	(1)  The Division of Technology, Licensure, and Testing of
917	the Department of Business and Professional Regulation shall
918	provide, contract, or approve services for the development,
919	preparation, administration, scoring, score reporting, and
920	evaluation of all examinations. The division shall seek the
921	advice of the appropriate board in providing such services.
922	(a)  The department, acting in conjunction with the
923	Division of Technology, Licensure, and Testing and the Division
924	of Real Estate, as appropriate, shall ensure that examinations
925	adequately and reliably measure an applicant's ability to
926	practice the profession regulated by the department. After an
927	examination developed or approved by the department has been
928	administered, the board or department may reject any question
929	which does not reliably measure the general areas of competency
930	specified in the rules of the board or department, when there is
931	no board. The department shall use professional testing services
932	for the development, preparation, and evaluation of
933	examinations, when such services are available and approved by
934	the board.
935	(b)  For each examination developed by the department or
936	contracted vendor, to the extent not otherwise specified by
937	statute, the board or the department when there is no board,
938	shall by rule specify the general areas of competency to be
939	covered by the examination, the relative weight to be assigned
940	in grading each area tested, the score necessary to achieve a
941	passing grade, and the fees, where applicable, to cover the
942	actual cost for any purchase, development, and administration of
943	the required examination. However, statutory fee caps in each
944	practice act shall apply. This subsection does not apply to
945	national examinations approved and administered pursuant to
946	paragraph (d).
947	(c)  If a practical examination is deemed to be necessary,
948	rules shall specify the criteria by which examiners are to be
949	selected, the grading criteria to be used by the examiner, the
950	relative weight to be assigned in grading each criterion, and
951	the score necessary to achieve a passing grade. When a mandatory
952	standardization exercise for a practical examination is required
953	by law, the board may conduct such exercise. Therefore, board
954	members may serve as examiners at a practical examination with
955	the consent of the board.
956	(d)  A board, or the department when there is no board, may
957	approve by rule the use of any national examination which the
958	department has certified as meeting requirements of national
959	examinations and generally accepted testing standards pursuant
960	to department rules. Providers of examinations, which may be
961	either profit or nonprofit entities, seeking certification by
962	the department shall pay the actual costs incurred by the
963	department in making a determination regarding the
964	certification. The department shall use any national examination
965	which is available, certified by the department, and approved by
966	the board. The name and number of a candidate may be provided to
967	a national contractor for the limited purpose of preparing the
968	grade tape and information to be returned to the board or
969	department or, to the extent otherwise specified by rule, the
970	candidate may apply directly to the vendor of the national
971	examination. The department may delegate to the board the duty
972	to provide and administer the examination. Any national
973	examination approved by a board, or the department when there is
974	no board, prior to October 1, 1997, is deemed certified under
975	this paragraph. Any licensing or certification examination that
976	is not developed or administered by the department in-house or
977	provided as a national examination shall be competitively bid.
978	(e)  The department shall adopt rules regarding the
979	security and monitoring of examinations. In order to maintain
980	the security of examinations, the department may employ the
981	procedures set forth in s. 455.228 to seek fines and injunctive
982	relief against an examinee who violates the provisions of s.
983	455.2175 or the rules adopted pursuant to this paragraph. The
984	department, or any agent thereof, may, for the purposes of
985	investigation, confiscate any written, photographic, or
986	recording material or device in the possession of the examinee
987	at the examination site which the department deems necessary to
988	enforce such provisions or rules.
989	(f)  If the professional board with jurisdiction over an
990	examination concurs, the department may, for a fee, share with
991	any other state's licensing authority an examination developed
992	by or for the department unless prohibited by a contract entered
993	into by the department for development or purchase of the
994	examination. The department, with the concurrence of the
995	appropriate board, shall establish guidelines that ensure
996	security of a shared exam and shall require that any other
997	state's licensing authority comply with those guidelines. Those
998	guidelines shall be approved by the appropriate professional
999	board. All fees paid by the user shall be applied to the
1000	department's examination and development program for professions
1001	regulated by this chapter. All fees paid by the user for
1002	professions not regulated by this chapter shall be applied to
1003	offset the fees for the development and administration of that
1004	profession's examination. If both a written and a practical
1005	examination are given, an applicant shall be required to retake
1006	only the portion of the examination for which he or she failed
1007	to achieve a passing grade, if he or she successfully passes
1008	that portion within a reasonable time of his or her passing the
1009	other portion.
1010	Section 22.  Subsection (6) is added to section 455.2273,
1011	Florida Statutes, to read:
1012	455.2273  Disciplinary guidelines.--
1013	(6)  Notwithstanding s. 455.017, this section applies to
1014	disciplinary guidelines adopted by all boards or divisions
1015	within the department.
1016	Section 23.  Effective July 1, 2010, paragraph (d) of
1017	subsection (1) and paragraph (d) of subsection (2) of section
1018	468.841, Florida Statutes, are amended to read:
1019	468.841  Exemptions.--
1020	(1)  The following persons are not required to comply with
1021	any provisions of this part relating to mold assessment:
1022	(d)  Persons or business organizations acting within the
1023	scope of the respective licenses required under chapter 471,
1024	part I of chapter 481, chapter 482, or chapter 489, or part XV
1025	of this chapter, are acting on behalf of an insurer under part
1026	VI of chapter 626, or are persons in the manufactured housing
1027	industry who are licensed under chapter 320, except when any
1028	such persons or business organizations hold themselves out for
1029	hire to the public as a "certified mold assessor remediator,"
1030	"registered mold assessor remediator," "licensed mold assessor
1031	remediator," "mold assessor remediator," "professional mold
1032	assessor remediator," or any combination thereof stating or
1033	implying licensure under this part.
1034	(2)  The following persons are not required to comply with
1035	any provisions of this part relating to mold remediation:
1036	(d)  Persons or business organizations that are acting
1037	within the scope of the respective licenses required under
1038	chapter 471, part I of chapter 481, chapter 482, or chapter 489,
1039	or part XV of this chapter, are acting on behalf of an insurer
1040	under part VI of chapter 626, or are persons in the manufactured
1041	housing industry who are licensed under chapter 320, except when
1042	any such persons or business organizations hold themselves out
1043	for hire to the public as a "certified mold remediator
1044	assessor," "registered mold remediator assessor," "licensed mold
1045	remediator assessor," "mold remediator assessor," "professional
1046	mold remediator assessor," or any combination thereof stating or
1047	implying licensure under this part.
1048	Section 24.  Paragraph (b) of subsection (2) of section
1049	475.17, Florida Statutes, is amended to read:
1050	475.17  Qualifications for practice.--
1051	(2)
1052	(b)  A person may not be licensed as a real estate broker
1053	unless, in addition to the other requirements of law, the person
1054	has held:
1055	1.  An active real estate sales associate's license for at
1056	least 24 12 months during the preceding 5 years in the office of
1057	one or more real estate brokers licensed in this state or any
1058	other state, territory, or jurisdiction of the United States or
1059	in any foreign national jurisdiction;
1060	2.  A current and valid real estate sales associate's
1061	license for at least 24 12 months during the preceding 5 years
1062	in the employ of a governmental agency for a salary and
1063	performing the duties authorized in this part for real estate
1064	licensees; or
1065	3.  A current and valid real estate broker's license for at
1066	least 24 12 months during the preceding 5 years in any other
1067	state, territory, or jurisdiction of the United States or in any
1068	foreign national jurisdiction.
1069
1070	This paragraph does not apply to a person employed as a real
1071	estate investigator by the Division of Real Estate, provided the
1072	person has been employed as a real estate investigator for at
1073	least 24 months. The person must be currently employed as a real
1074	estate investigator to sit for the real estate broker's
1075	examination and have held a valid and current sales associate's
1076	license for at least 12 months.
1077	Section 25.  Subsection (9) of section 475.451, Florida
1078	Statutes, is amended to read:
1079	475.451  Schools teaching real estate practice.--
1080	(9)(a)  Each school permitholder of a proprietary real
1081	estate school, each chief administrative person of such an
1082	institution, or each course sponsor shall deliver to the
1083	department, in a format acceptable to the department, a copy of
1084	the classroom course roster of courses that require satisfactory
1085	completion of an examination no later than 30 days beyond the
1086	end of the calendar month in which the course was completed.
1087	(b)  The course roster shall consist of the institution or
1088	school name and permit number, if applicable, the instructor's
1089	name and permit number, if applicable, course title, beginning
1090	and ending dates of the course, number of course hours, course
1091	location, if applicable, each student's full name and license
1092	number, if applicable, each student's mailing address, and the
1093	numerical grade each student achieved. The course roster shall
1094	also include the signature of the school permitholder, the chief
1095	administrative person, or the course sponsor.
1096	Section 26.  Section 475.455, Florida Statutes, is amended
1097	to read:
1098	475.455  Exchange of disciplinary information.--The
1099	commission shall inform the Division of Florida Land Sales,
1100	Condominiums, Timeshares, and Mobile Homes of the Department of
1101	Business and Professional Regulation of any disciplinary action
1102	the commission has taken against any of its licensees. The
1103	division shall inform the commission of any disciplinary action
1104	the division has taken against any broker or sales associate
1105	registered with the division.
1106	Section 27.  Subsection (6) of section 489.105, Florida
1107	Statutes, is amended to read:
1108	489.105  Definitions.--As used in this part:
1109	(6)  "Contracting" means, except as exempted in this part,
1110	engaging in business as a contractor and includes, but is not
1111	limited to, performance of any of the acts as set forth in
1112	subsection (3) which define types of contractors. The attempted
1113	sale of contracting services and the negotiation or bid for a
1114	contract on these services also constitutes contracting. If the
1115	services offered require licensure or agent qualification, the
1116	offering, negotiation for a bid, or attempted sale of these
1117	services requires the corresponding licensure. However, the term
1118	"contracting" shall not extend to an individual, partnership,
1119	corporation, trust, or other legal entity that offers to sell or
1120	sells completed residences on property on which the individual
1121	or business entity has any legal or equitable interest, or to
1122	the individual or business entity that offers to sell or sells
1123	manufactured or factory-built buildings that will be completed
1124	on site on property on which either party to a contract has any
1125	legal or equitable interest, if the services of a qualified
1126	contractor certified or registered pursuant to the requirements
1127	of this chapter have been or will be retained for the purpose of
1128	constructing or completing such residences.
1129	Section 28.  Section 489.511, Florida Statutes, is amended
1130	to read:
1131	489.511  Certification; application; examinations;
1132	endorsement.--
1133	(1)(a)  Any person who is at least 18 years of age may take
1134	the certification examination.
1135	(b)  Any person desiring to be certified as a contractor
1136	shall apply to the department in writing and must meet the
1137	following criteria: to take the certification examination.
1138	(2)(a)  A person shall be entitled to take the
1139	certification examination for the purpose of determining whether
1140	he or she is qualified to engage in contracting throughout the
1141	state as a contractor if the person:
1142	1.  Is at least 18 years of age;
1143	1.2.  Be Is of good moral character;
1144	2.  Pass the certification examination, achieving a passing
1145	grade as established by board rule; and
1146	3.  Meet Meets eligibility requirements according to one of
1147	the following criteria:
1148	a.  Has, within the 6 years immediately preceding the
1149	filing of the application, at least 3 years' proven management
1150	experience in the trade or education equivalent thereto, or a
1151	combination thereof, but not more than one-half of such
1152	experience may be educational equivalent;
1153	b.  Has, within the 8 years immediately preceding the
1154	filing of the application, at least 4 years' experience as a
1155	supervisor or contractor in the trade for which he or she is
1156	making application;
1157	c.  Has, within the 12 years immediately preceding the
1158	filing of the application, at least 6 years of comprehensive
1159	training, technical education, or supervisory experience
1160	associated with an electrical or alarm system contracting
1161	business, or at least 6 years of technical experience in
1162	electrical or alarm system work with the Armed Forces or a
1163	governmental entity;
1164	d.  Has, within the 12 years immediately preceding the
1165	filing of the application, been licensed for 3 years as a
1166	professional engineer who is qualified by education, training,
1167	or experience to practice electrical engineering; or
1168	e.  Has any combination of qualifications under sub-
1169	subparagraphs a.-c. totaling 6 years of experience.
1170	(c)(b)  For purposes of this subsection, "supervisor" means
1171	a person having the experience gained while having the general
1172	duty of overseeing the technical duties of the trade, provided
1173	that such experience is gained by a person who is able to
1174	perform the technical duties of the trade without supervision.
1175	(d)(c)  For purposes of this subsection, at least 40
1176	percent of the work experience for an alarm system contractor I
1177	must be in the types of fire alarm systems typically used in a
1178	commercial setting.
1179	(2)(3)  The board may determine by rule the number of times
1180	per year the applicant may take the examination and after three
1181	unsuccessful attempts may On or after October 1, 1998, every
1182	applicant who is qualified shall be allowed to take the
1183	examination three times, notwithstanding the number of times the
1184	applicant has previously failed the examination. If an applicant
1185	fails the examination three times after October 1, 1998, the
1186	board shall require the applicant to complete additional
1187	college-level or technical education courses in the areas of
1188	deficiency, as determined by the board, as a condition of future
1189	eligibility to take the examination. The applicant must also
1190	submit a new application that meets all certification
1191	requirements at the time of its submission and must pay all
1192	appropriate fees.
1193	(3)(4)(a)  "Good moral character" means a personal history
1194	of honesty, fairness, and respect for the rights of others and
1195	for laws of this state and nation.
1196	(b)  The board may determine that an individual applying
1197	for certification is ineligible to take the examination for
1198	failure to satisfy the requirement of good moral character only
1199	if:
1200	1.  There is a substantial connection between the lack of
1201	good moral character of the individual and the professional
1202	responsibilities of a certified contractor; and
1203	2.  The finding by the board of lack of good moral
1204	character is supported by clear and convincing evidence.
1205	(c)  When an individual is found to be unqualified for
1206	certification examination because of a lack of good moral
1207	character, the board shall furnish such individual a statement
1208	containing the findings of the board, a complete record of the
1209	evidence upon which the determination was based, and a notice of
1210	the rights of the individual to a rehearing and appeal.
1211	(4)(5)  The board shall, by rule, designate those types of
1212	specialty electrical or alarm system contractors who may be
1213	certified under this part. The limit of the scope of work and
1214	responsibility of a certified specialty contractor shall be
1215	established by board rule. A certified specialty contractor
1216	category exists as an optional statewide licensing category.
1217	Qualification for certification in a specialty category created
1218	by rule shall be the same as set forth in paragraph (1)(b)
1219	(2)(a). The existence of a specialty category created by rule
1220	does not itself create any licensing requirement; however,
1221	neither does its optional nature remove any licensure
1222	requirement established elsewhere in this part.
1223	(5)(6)  The board shall certify as qualified for
1224	certification by endorsement any individual applying for
1225	certification who:
1226	(a)  Meets the requirements for certification as set forth
1227	in this section; has passed a national, regional, state, or
1228	United States territorial licensing examination that is
1229	substantially equivalent to the examination required by this
1230	part; and has satisfied the requirements set forth in s.
1231	489.521; or
1232	(b)  Holds a valid license to practice electrical or alarm
1233	system contracting issued by another state or territory of the
1234	United States, if the criteria for issuance of such license was
1235	substantially equivalent to the certification criteria that
1236	existed in this state at the time the certificate was issued.
1237	(6)(7)  Upon the issuance of a certificate, any previously
1238	issued registered licenses for the classification in which the
1239	certification is issued are rendered void.
1240	Section 29.  Paragraph (b) of subsection (1) of section
1241	489.515, Florida Statutes, is amended to read:
1242	489.515  Issuance of certificates; registrations.--
1243	(1)
1244	(b)  The board shall certify as qualified for certification
1245	any person who satisfies the requirements of s. 489.511, who
1246	successfully passes the certification examination administered
1247	by the department, achieving a passing grade as established by
1248	board rule, and who submits satisfactory evidence that he or she
1249	has obtained both workers' compensation insurance or an
1250	acceptable exemption certificate issued by the department and
1251	public liability and property damage insurance for the health,
1252	safety, and welfare of the public in amounts determined by rule
1253	of the board, and furnishes evidence of financial
1254	responsibility, credit, and business reputation of either
1255	himself or herself or the business organization he or she
1256	desires to qualify.
1257	Section 30.  Section 494.008, Florida Statutes, is amended
1258	to read:
1259	494.008  Mortgages offered by land developers licensed
1260	pursuant to the Florida Uniform Land Sales Practices Law;
1261	requirements; prohibitions.--No mortgage loan which has a face
1262	amount of $35,000 or less and is secured by vacant land
1263	registered under the Florida Uniform Land Sales Practices Law,
1264	chapter 498, shall be sold to a mortgagee, except a financial
1265	institution, by any person unless all of the following
1266	requirements are met:
1267	(1)  Each mortgage securing a note or other obligation sold
1268	or offered for sale shall be eligible for a recordation as a
1269	first mortgage.
1270	(2)  Each mortgage negotiated pursuant to this section must
1271	include a mortgagee's title insurance policy or an opinion of
1272	title, from an attorney who is licensed to practice law in this
1273	state, on each parcel of land which is described in the
1274	mortgage. The policy or opinion shall reflect that there are no
1275	other mortgages on the property. A notice stating the priority
1276	of the mortgage shall be placed on the face of each mortgage in
1277	an amount over $35,000 issued pursuant to this section.
1278	(3)  Contracts to purchase a mortgage loan shall contain,
1279	immediately above the purchaser's signature line, the statement
1280	in 10-point boldfaced type: "This mortgage is secured by vacant
1281	land subject to development at a future time." This statement
1282	shall also be typed or printed in 10-point type on the face of
1283	the note and mortgage sold.
1284	(4)  The most recent assessment for tax purposes made by
1285	the county property appraiser of each parcel of land described
1286	in the mortgage shall be furnished to each mortgagee.
1287	(5)  The mortgage broker shall record or cause to be
1288	recorded all mortgages or other similar documents prior to
1289	delivery of the note and mortgage to the mortgagee.
1290	(6)  All funds received by the mortgage broker pursuant to
1291	this section shall promptly be deposited in the broker's trust
1292	account where they shall remain until the note and mortgage are
1293	fully executed and recorded.
1294	(7)  Willful failure to comply with any of the above
1295	provisions shall subject the person to the penalties of s.
1296	494.05.
1297	Section 31.  Section 498.009, Florida Statutes, is
1298	renumbered as section 718.50152, Florida Statutes.
1299	Section 32.  Section 498.011, Florida Statutes, is
1300	renumbered as section 718.50153, Florida Statutes, and amended
1301	to read:
1302	718.50153 498.011  Payment of per diem, mileage, and other
1303	expenses to division employees.--The amount of per diem and
1304	mileage and expense money paid to employees shall be as provided
1305	in s. 112.061, except that the division shall establish by rule
1306	the standards for reimbursement of actual verified expenses
1307	incurred in connection with an on-site review inspection or
1308	investigation of subdivided lands.
1309	Section 33.  Section 498.013, Florida Statutes, is
1310	renumbered as section 718.50154, Florida Statutes.
1311	Section 34.  Section 498.057, Florida Statutes, is
1312	renumbered as section 718.50155, Florida Statutes, and amended,
1313	to read:
1314	718.50155 498.057  Service of process.--
1315	(1)  In addition to the methods of service provided for in
1316	the Florida Rules of Civil Procedure and the Florida Statutes,
1317	service may be made and by delivering a copy of the process to
1318	the director of the division, which shall be binding upon the
1319	defendant or respondent if:
1320	(a)  The division plaintiff, which is acting as the
1321	petitioner or plaintiff may be the division, immediately sends a
1322	copy of the process and of the pleading by certified mail to the
1323	defendant or respondent at his or her last known address;, and
1324	(b)  The division plaintiff files an affidavit of
1325	compliance with this section on or before the return date of the
1326	process or within the time set by the court.
1327	(2)  If any person, including any nonresident of this
1328	state, allegedly engages in conduct prohibited by this chapter,
1329	or any rule or order of the division, and has not filed a
1330	consent to service of process, and personal jurisdiction over
1331	him or her cannot otherwise be obtained in this state, the
1332	director shall be authorized to receive service of process in
1333	any noncriminal proceeding against that person or his or her
1334	successor which grows out of the conduct and which is brought by
1335	the division under this chapter or any rule or order of the
1336	division. The process shall have the same force and validity as
1337	if personally served. Notice shall be given as provided in
1338	subsection (1).
1339	Section 35.  Sections 498.001, 498.003, 498.005, 498.007,
1340	498.017, 498.021, 498.022, 498.023, 498.024, 498.025, 498.027,
1341	498.028, 498.029, 498.031, 498.033, 498.035, 498.037, 498.039,
1342	498.041, 498.047, 498.049, 498.051, 498.053, 498.059, 498.061,
1343	and 498.063, Florida Statutes, are repealed.
1344	Section 36.  Section 509.512, Florida Statutes, is amended
1345	to read:
1346	509.512  Timeshare plan developer and exchange company
1347	exemption.--Sections 509.501-509.511 do not apply to a developer
1348	of a timeshare plan or an exchange company approved by the
1349	Division of Florida Land Sales, Condominiums, Timeshares, and
1350	Mobile Homes pursuant to chapter 721, but only to the extent
1351	that the developer or exchange company engages in conduct
1352	regulated under chapter 721.
1353	Section 37.  Subsection (2) of section 517.301, Florida
1354	Statutes, is amended to read:
1355	517.301  Fraudulent transactions; falsification or
1356	concealment of facts.--
1357	(2)  For purposes of ss. 517.311 and 517.312 and this
1358	section, the term "investment" means any commitment of money or
1359	property principally induced by a representation that an
1360	economic benefit may be derived from such commitment, except
1361	that the term "investment" does not include a commitment of
1362	money or property for:
1363	(a)  The purchase of a business opportunity, business
1364	enterprise, or real property through a person licensed under
1365	chapter 475 or registered under former chapter 498; or
1366	(b)  The purchase of tangible personal property through a
1367	person not engaged in telephone solicitation, where said
1368	property is offered and sold in accordance with the following
1369	conditions:
1370	1.  There are no specific representations or guarantees
1371	made by the offeror or seller as to the economic benefit to be
1372	derived from the purchase;
1373	2.  The tangible property is delivered to the purchaser
1374	within 30 days after sale, except that such 30-day period may be
1375	extended by the office if market conditions so warrant; and
1376	3.  The seller has offered the purchaser a full refund
1377	policy in writing, exercisable by the purchaser within 10 days
1378	of the date of delivery of such tangible personal property,
1379	except that the amount of such refund may not in no event shall
1380	exceed the bid price in effect at the time the property is
1381	returned to the seller. If the applicable sellers' market is
1382	closed at the time the property is returned to the seller for a
1383	refund, the amount of such refund shall be based on the bid
1384	price for such property at the next opening of such market.
1385	Section 38.  Subsection (4) of section 548.0065, Florida
1386	Statutes, is amended to read:
1387	548.0065  Amateur matches; sanctioning and supervision;
1388	health and safety standards; compliance checks; continuation,
1389	suspension, and revocation of sanctioning approval.--
1390	(4)  Any member of the commission or the executive director
1391	of the commission may suspend the approval of an amateur
1392	sanctioning organization for failure to supervise amateur
1393	matches or to enforce the approved health and safety standards
1394	required under this chapter, provided that the suspension
1395	complies with the procedures for summary suspensions in s.
1396	120.60(6). At any amateur boxing, or kickboxing, or mixed
1397	martial arts contest, any member of the commission or a
1398	representative of the commission may immediately suspend one or
1399	more matches in an event whenever it appears that the match or
1400	matches violate the health and safety standards established by
1401	rule as required by this chapter. A law enforcement officer may
1402	assist any member of the commission or a representative of the
1403	commission to enforce an order to stop a contest if called upon
1404	to do so by a member of the commission or a representative of
1405	the commission.
1406	Section 39.  Subsections (2), (3), and (4) of section
1407	548.008, Florida Statutes, are amended to read:
1408	548.008  Prohibited competitions.--
1409	(2)  No amateur mixed martial arts match may be held in
1410	this state.
1411	(2)(3)  No professional match may be held in this state
1412	unless it meets the requirements for holding the match as
1413	provided in this chapter and the rules adopted by the
1414	commission.
1415	(3)(4)(a)  Any person participating in a match prohibited
1416	under this section, knowing the match to be prohibited, commits
1417	a misdemeanor of the second degree, punishable as provided in s.
1418	775.082 or s. 775.083.
1419	(b)  Any person holding, promoting, or sponsoring a match
1420	prohibited under this section commits a felony of the third
1421	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1422	775.084.
1423	Section 40.  Subsection (1) of section 548.041, Florida
1424	Statutes, is amended to read:
1425	548.041  Age, condition, and suspension of participants.--
1426	(1)  A person may shall not be licensed as a participant,
1427	and the license of a any participant shall be suspended or
1428	revoked, if such person:
1429	(a)  Is under the age of 18;
1430	(b)  Has participated in a match in this state which was
1431	not sanctioned by the commission or by a Native American
1432	commission properly constituted under federal law; or
1433	(c)  Does not meet certain health and medical examination
1434	conditions as required by rule of the commission;.
1435	(d)  Has not competed in a minimum number of amateur boxing
1436	events as determined by commission rule prior to licensure; or
1437	(e)  Has not participated in a minimum number of amateur
1438	mixed martial arts events as determined by commission rule prior
1439	to licensure.
1440	Section 41.  Subsection (1) of section 559.935, Florida
1441	Statutes, is amended to read:
1442	559.935  Exemptions.--
1443	(1)  This part does not apply to:
1444	(a)  A bona fide employee of a seller of travel who is
1445	engaged solely in the business of her or his employer;
1446	(b)  Any direct common carrier of passengers or property
1447	regulated by an agency of the Federal Government or employees of
1448	such carrier when engaged solely in the transportation business
1449	of the carrier as identified in the carrier's certificate;
1450	(c)  An intrastate common carrier of passengers or property
1451	selling only transportation as defined in the applicable state
1452	or local registration or certification, or employees of such
1453	carrier when engaged solely in the transportation business of
1454	the carrier;
1455	(d)  Hotels, motels, or other places of public
1456	accommodation selling public accommodations, or employees of
1457	such hotels, motels, or other places of public accommodation,
1458	when engaged solely in making arrangements for lodging,
1459	accommodations, or sightseeing tours within the state, or taking
1460	reservations for the traveler with times, dates, locations, and
1461	accommodations certain at the time the reservations are made,
1462	provided that hotels and motels registered with the Department
1463	of Business and Professional Regulation pursuant to chapter 509
1464	are excluded from the provisions of this chapter;
1465	(e)  Persons involved solely in the rental, leasing, or
1466	sale of residential property;
1467	(f)  Persons involved solely in the rental, leasing, or
1468	sale of transportation vehicles;
1469	(g)  Persons who make travel arrangements for themselves;
1470	for their employees or agents; for distributors, franchisees, or
1471	dealers of the persons' products or services; for entities which
1472	are financially related to the persons; or for the employees or
1473	agents of the distributor, franchisee, or dealer or financially
1474	related entity;
1475	(h)  A developer of a timeshare plan or an exchange company
1476	approved by the Division of Florida Land Sales, Condominiums,
1477	Timeshares, and Mobile Homes pursuant to chapter 721, but only
1478	to the extent that the developer or exchange company engages in
1479	conduct regulated under chapter 721; or
1480	(i)  Persons or entities engaged solely in offering diving
1481	services, including classes and sales or rentals of equipment,
1482	when engaged in making any prearranged travel-related or
1483	tourist-related services in conjunction with a primarily dive-
1484	related event.
1485	Section 42.  Subsection (17) of section 718.103, Florida
1486	Statutes, is amended to read:
1487	718.103  Definitions.--As used in this chapter, the term:
1488	(17)  "Division" means the Division of Florida Land Sales,
1489	Condominiums, Timeshares, and Mobile Homes of the Department of
1490	Business and Professional Regulation.
1491	Section 43.  Paragraph (c) of subsection (4) of section
1492	718.105, Florida Statutes, is amended to read:
1493	718.105  Recording of declaration.--
1494	(4)
1495	(c)  If the sum of money held by the clerk has not been
1496	paid to the developer or association as provided in paragraph
1497	(b) within by 3 years after the date the declaration was
1498	originally recorded, the clerk in his or her discretion may
1499	notify, in writing, the registered agent of the association that
1500	the sum is still available and the purpose for which it was
1501	deposited. If the association does not record the certificate
1502	within 90 days after the clerk has given the notice, the clerk
1503	may disburse the money to the developer. If the developer cannot
1504	be located, the clerk shall disburse the money to the Division
1505	of Florida Land Sales, Condominiums, Timeshares, and Mobile
1506	Homes for deposit in the Division of Florida Land Sales,
1507	Condominiums, Timeshares, and Mobile Homes Trust Fund.
1508	Section 44.  Subsection (4) of section 718.1255, Florida
1509	Statutes, is amended to read:
1510	718.1255  Alternative dispute resolution; voluntary
1511	mediation; mandatory nonbinding arbitration; legislative
1512	findings.--
1513	(4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1514	DISPUTES.--The Division of Florida Land Sales, Condominiums,
1515	Timeshares, and Mobile Homes of the Department of Business and
1516	Professional Regulation shall employ full-time attorneys to act
1517	as arbitrators to conduct the arbitration hearings provided by
1518	this chapter. The division may also certify attorneys who are
1519	not employed by the division to act as arbitrators to conduct
1520	the arbitration hearings provided by this section. No person may
1521	be employed by the department as a full-time arbitrator unless
1522	he or she is a member in good standing of The Florida Bar. The
1523	department shall adopt promulgate rules of procedure to govern
1524	such arbitration hearings including mediation incident thereto.
1525	The decision of an arbitrator shall be final; however, such a
1526	decision shall not be deemed final agency action. Nothing in
1527	this provision shall be construed to foreclose parties from
1528	proceeding in a trial de novo unless the parties have agreed
1529	that the arbitration is binding. If such judicial proceedings
1530	are initiated, the final decision of the arbitrator shall be
1531	admissible in evidence in the trial de novo.
1532	(a)  Prior to the institution of court litigation, a party
1533	to a dispute shall petition the division for nonbinding
1534	arbitration. The petition must be accompanied by a filing fee in
1535	the amount of $50. Filing fees collected under this section must
1536	be used to defray the expenses of the alternative dispute
1537	resolution program.
1538	(b)  The petition must recite, and have attached thereto,
1539	supporting proof that the petitioner gave the respondents:
1540	1.  Advance written notice of the specific nature of the
1541	dispute;
1542	2.  A demand for relief, and a reasonable opportunity to
1543	comply or to provide the relief; and
1544	3.  Notice of the intention to file an arbitration petition
1545	or other legal action in the absence of a resolution of the
1546	dispute.
1547
1548	Failure to include the allegations or proof of compliance with
1549	these prerequisites requires dismissal of the petition without
1550	prejudice.
1551	(c)  Upon receipt, the petition shall be promptly reviewed
1552	by the division to determine the existence of a dispute and
1553	compliance with the requirements of paragraphs (a) and (b). If
1554	emergency relief is required and is not available through
1555	arbitration, a motion to stay the arbitration may be filed. The
1556	motion must be accompanied by a verified petition alleging facts
1557	that, if proven, would support entry of a temporary injunction,
1558	and if an appropriate motion and supporting papers are filed,
1559	the division may abate the arbitration pending a court hearing
1560	and disposition of a motion for temporary injunction.
1561	(d)  Upon determination by the division that a dispute
1562	exists and that the petition substantially meets the
1563	requirements of paragraphs (a) and (b) and any other applicable
1564	rules, a copy of the petition shall forthwith be served by the
1565	division upon all respondents.
1566	(e)  Either Before or after the filing of the respondents'
1567	answer to the petition, any party may request that the
1568	arbitrator refer the case to mediation under this section and
1569	any rules adopted by the division. Upon receipt of a request for
1570	mediation, the division shall promptly contact the parties to
1571	determine if there is agreement that mediation would be
1572	appropriate. If all parties agree, the dispute must be referred
1573	to mediation. Notwithstanding a lack of an agreement by all
1574	parties, the arbitrator may refer a dispute to mediation at any
1575	time.
1576	(f)  Upon referral of a case to mediation, the parties must
1577	select a mutually acceptable mediator. To assist in the
1578	selection, the arbitrator shall provide the parties with a list
1579	of both volunteer and paid mediators that have been certified by
1580	the division under s. 718.501. If the parties are unable to
1581	agree on a mediator within the time allowed by the arbitrator,
1582	the arbitrator shall appoint a mediator from the list of
1583	certified mediators. If a case is referred to mediation, the
1584	parties shall attend a mediation conference, as scheduled by the
1585	parties and the mediator. If any party fails to attend a duly
1586	noticed mediation conference, without the permission or approval
1587	of the arbitrator or mediator, the arbitrator must impose
1588	sanctions against the party, including the striking of any
1589	pleadings filed, the entry of an order of dismissal or default
1590	if appropriate, and the award of costs and attorneys' fees
1591	incurred by the other parties. Unless otherwise agreed to by the
1592	parties or as provided by order of the arbitrator, a party is
1593	deemed to have appeared at a mediation conference by the
1594	physical presence of the party or its representative having full
1595	authority to settle without further consultation, provided that
1596	an association may comply by having one or more representatives
1597	present with full authority to negotiate a settlement and
1598	recommend that the board of administration ratify and approve
1599	such a settlement within 5 days from the date of the mediation
1600	conference. The parties shall share equally the expense of
1601	mediation, unless they agree otherwise.
1602	(g)  The purpose of mediation as provided for by this
1603	section is to present the parties with an opportunity to resolve
1604	the underlying dispute in good faith, and with a minimum
1605	expenditure of time and resources.
1606	(h)  Mediation proceedings must generally be conducted in
1607	accordance with the Florida Rules of Civil Procedure, and these
1608	proceedings are privileged and confidential to the same extent
1609	as court-ordered mediation. Persons who are not parties to the
1610	dispute are not allowed to attend the mediation conference
1611	without the consent of all parties, with the exception of
1612	counsel for the parties and corporate representatives designated
1613	to appear for a party. If the mediator declares an impasse after
1614	a mediation conference has been held, the arbitration proceeding
1615	terminates, unless all parties agree in writing to continue the
1616	arbitration proceeding, in which case the arbitrator's decision
1617	shall be either binding or nonbinding, as agreed upon by the
1618	parties; in the arbitration proceeding, the arbitrator shall not
1619	consider any evidence relating to the unsuccessful mediation
1620	except in a proceeding to impose sanctions for failure to appear
1621	at the mediation conference. If the parties do not agree to
1622	continue arbitration, the arbitrator shall enter an order of
1623	dismissal, and either party may institute a suit in a court of
1624	competent jurisdiction. The parties may seek to recover any
1625	costs and attorneys' fees incurred in connection with
1626	arbitration and mediation proceedings under this section as part
1627	of the costs and fees that may be recovered by the prevailing
1628	party in any subsequent litigation.
1629	(i)  Arbitration shall be conducted according to rules
1630	adopted promulgated by the division. The filing of a petition
1631	for arbitration shall toll the applicable statute of
1632	limitations.
1633	(j)  At the request of any party to the arbitration, the
1634	such arbitrator shall issue subpoenas for the attendance of
1635	witnesses and the production of books, records, documents, and
1636	other evidence and any party on whose behalf a subpoena is
1637	issued may apply to the court for orders compelling such
1638	attendance and production. Subpoenas shall be served and shall
1639	be enforceable in the manner provided by the Florida Rules of
1640	Civil Procedure. Discovery may, in the discretion of the
1641	arbitrator, be permitted in the manner provided by the Florida
1642	Rules of Civil Procedure. Rules adopted by the division may
1643	authorize any reasonable sanctions except contempt for a
1644	violation of the arbitration procedural rules of the division or
1645	for the failure of a party to comply with a reasonable nonfinal
1646	order issued by an arbitrator which is not under judicial
1647	review.
1648	(k)  The arbitration decision shall be presented to the
1649	parties in writing. An arbitration decision is final in those
1650	disputes in which the parties have agreed to be bound. An
1651	arbitration decision is also final if a complaint for a trial de
1652	novo is not filed in a court of competent jurisdiction in which
1653	the condominium is located within 30 days. The right to file for
1654	a trial de novo entitles the parties to file a complaint in the
1655	appropriate trial court for a judicial resolution of the
1656	dispute. The prevailing party in an arbitration proceeding shall
1657	be awarded the costs of the arbitration and reasonable
1658	attorney's fees in an amount determined by the arbitrator. Such
1659	an award shall include the costs and reasonable attorney's fees
1660	incurred in the arbitration proceeding as well as the costs and
1661	reasonable attorney's fees incurred in preparing for and
1662	attending any scheduled mediation.
1663	(l)  The party who files a complaint for a trial de novo
1664	shall be assessed the other party's arbitration costs, court
1665	costs, and other reasonable costs, including attorney's fees,
1666	investigation expenses, and expenses for expert or other
1667	testimony or evidence incurred after the arbitration hearing if
1668	the judgment upon the trial de novo is not more favorable than
1669	the arbitration decision. If the judgment is more favorable, the
1670	party who filed a complaint for trial de novo shall be awarded
1671	reasonable court costs and attorney's fees.
1672	(m)  Any party to an arbitration proceeding may enforce an
1673	arbitration award by filing a petition in a court of competent
1674	jurisdiction in which the condominium is located. A petition may
1675	not be granted unless the time for appeal by the filing of a
1676	complaint for trial de novo has expired. If a complaint for a
1677	trial de novo has been filed, a petition may not be granted with
1678	respect to an arbitration award that has been stayed. If the
1679	petition for enforcement is granted, the petitioner shall
1680	recover reasonable attorney's fees and costs incurred in
1681	enforcing the arbitration award. A mediation settlement may also
1682	be enforced through the county or circuit court, as applicable,
1683	and any costs and fees incurred in the enforcement of a
1684	settlement agreement reached at mediation must be awarded to the
1685	prevailing party in any enforcement action.
1686	Section 45.  Section 718.501, Florida Statutes, is amended
1687	to read:
1688	718.501  Powers and duties of Division of Florida Land
1689	Sales, Condominiums, Timeshares, and Mobile Homes.--
1690	(1)  The Division of Florida Land Sales, Condominiums,
1691	Timeshares, and Mobile Homes of the Department of Business and
1692	Professional Regulation, referred to as the "division" in this
1693	part, in addition to other powers and duties prescribed by
1694	chapter 498, has the power to enforce and ensure compliance with
1695	the provisions of this chapter and rules promulgated pursuant
1696	hereto relating to the development, construction, sale, lease,
1697	ownership, operation, and management of residential condominium
1698	units. In performing its duties, the division has the following
1699	powers and duties:
1700	(a)1.  The division may make necessary public or private
1701	investigations within or outside this state to determine whether
1702	any person has violated this chapter or any rule or order
1703	hereunder, to aid in the enforcement of this chapter, or to aid
1704	in the adoption of rules or forms hereunder.
1705	2.  The division may submit any official written report,
1706	worksheet, or other related paper, or a duly certified copy
1707	thereof, compiled, prepared, drafted, or otherwise made by and
1708	duly authenticated by a financial examiner or analyst to be
1709	admitted as competent evidence in any hearing in which the
1710	financial examiner or analyst is available for cross-examination
1711	and attests under oath that such documents were prepared as a
1712	result of an examination or inspection conducted pursuant to
1713	this chapter.
1714	(b)  The division may require or permit any person to file
1715	a statement in writing, under oath or otherwise, as the division
1716	determines, as to the facts and circumstances concerning a
1717	matter to be investigated.
1718	(c)  For the purpose of any investigation under this
1719	chapter, the division director or any officer or employee
1720	designated by the division director may administer oaths or
1721	affirmations, subpoena witnesses and compel their attendance,
1722	take evidence, and require the production of any matter which is
1723	relevant to the investigation, including the existence,
1724	description, nature, custody, condition, and location of any
1725	books, documents, or other tangible things and the identity and
1726	location of persons having knowledge of relevant facts or any
1727	other matter reasonably calculated to lead to the discovery of
1728	material evidence. Upon the failure by a person to obey a
1729	subpoena or to answer questions propounded by the investigating
1730	officer and upon reasonable notice to all persons affected
1731	thereby, the division may apply to the circuit court for an
1732	order compelling compliance.
1733	(d)  Notwithstanding any remedies available to unit owners
1734	and associations, if the division has reasonable cause to
1735	believe that a violation of any provision of this chapter or
1736	related rule promulgated pursuant hereto has occurred, the
1737	division may institute enforcement proceedings in its own name
1738	against any developer, association, officer, or member of the
1739	board of administration, or its assignees or agents, as follows:
1740	1.  The division may permit a person whose conduct or
1741	actions may be under investigation to waive formal proceedings
1742	and enter into a consent proceeding whereby orders, rules, or
1743	letters of censure or warning, whether formal or informal, may
1744	be entered against the person.
1745	2.  The division may issue an order requiring the
1746	developer, association, officer, or member of the board of
1747	administration, or its assignees or agents, to cease and desist
1748	from the unlawful practice and take such affirmative action as
1749	in the judgment of the division will carry out the purposes of
1750	this chapter. Such affirmative action may include, but is not
1751	limited to, an order requiring a developer to pay moneys
1752	determined to be owed to a condominium association. If the
1753	division finds that a developer, association, officer, or member
1754	of the board of administration, or its assignees or agents, is
1755	violating or is about to violate any provision of this chapter,
1756	any rule adopted or order issued by the division, or any written
1757	agreement entered into with the division, and presents an
1758	immediate danger to the public requiring an immediate final
1759	order, it may issue an emergency cease and desist order reciting
1760	with particularity the facts underlying such findings. The
1761	emergency cease and desist order is effective for 90 days. If
1762	the division begins nonemergency cease and desist proceedings,
1763	the emergency cease and desist order remains effective until the
1764	conclusion of the proceedings under ss. 120.569 and 120.57.
1765	3.  The division may bring an action in circuit court on
1766	behalf of a class of unit owners, lessees, or purchasers for
1767	declaratory relief, injunctive relief, or restitution.
1768	4.  The division may petition the court for the appointment
1769	of a receiver or conservator. If appointed, the receiver or
1770	conservator may take action to implement the court order to
1771	ensure the performance of the order and to remedy any breach
1772	thereof. In addition to all other means provided by law for the
1773	enforcement of an injunction or temporary restraining order, the
1774	circuit court may impound or sequester the property of a party
1775	defendant, including books, papers, documents, and related
1776	records, and allow the examination and use of the property by
1777	the division and a court-appointed receiver or conservator.
1778	5.  The division may apply to the circuit court for an
1779	order of restitution whereby the defendant in an action brought
1780	pursuant to subparagraph 4. shall be ordered to make restitution
1781	of those sums shown by the division to have been obtained by the
1782	defendant in violation of this chapter. Such restitution shall,
1783	at the option of the court, be payable to the conservator or
1784	receiver appointed pursuant to subparagraph 4. or directly to
1785	the persons whose funds or assets were obtained in violation of
1786	this chapter.
1787	6.4.  The division may impose a civil penalty against a
1788	developer or association, or its assignee or agent, for any
1789	violation of this chapter or a rule adopted under this chapter
1790	promulgated pursuant hereto. The division may impose a civil
1791	penalty individually against any officer or board member who
1792	willfully and knowingly violates a provision of this chapter,
1793	adopted a rule adopted pursuant hereto, or a final order of the
1794	division. The term "willfully and knowingly" means that the
1795	division informed the officer or board member that his or her
1796	action or intended action violates this chapter, a rule adopted
1797	under this chapter, or a final order of the division and that
1798	the officer or board member refused to comply with the
1799	requirements of this chapter, a rule adopted under this chapter,
1800	or a final order of the division. The division, prior to
1801	initiating formal agency action under chapter 120, shall afford
1802	the officer or board member an opportunity to voluntarily comply
1803	with this chapter, a rule adopted under this chapter, or a final
1804	order of the division. An officer or board member who complies
1805	within 10 days is not subject to a civil penalty. A penalty may
1806	be imposed on the basis of each day of continuing violation, but
1807	in no event shall the penalty for any offense exceed $5,000. By
1808	January 1, 1998, the division shall adopt, by rule, penalty
1809	guidelines applicable to possible violations or to categories of
1810	violations of this chapter or rules adopted by the division. The
1811	guidelines must specify a meaningful range of civil penalties
1812	for each such violation of the statute and rules and must be
1813	based upon the harm caused by the violation, the repetition of
1814	the violation, and upon such other factors deemed relevant by
1815	the division. For example, the division may consider whether the
1816	violations were committed by a developer or owner-controlled
1817	association, the size of the association, and other factors. The
1818	guidelines must designate the possible mitigating or aggravating
1819	circumstances that justify a departure from the range of
1820	penalties provided by the rules. It is the legislative intent
1821	that minor violations be distinguished from those which endanger
1822	the health, safety, or welfare of the condominium residents or
1823	other persons and that such guidelines provide reasonable and
1824	meaningful notice to the public of likely penalties that may be
1825	imposed for proscribed conduct. This subsection does not limit
1826	the ability of the division to informally dispose of
1827	administrative actions or complaints by stipulation, agreed
1828	settlement, or consent order. All amounts collected shall be
1829	deposited with the Chief Financial Officer to the credit of the
1830	Division of Florida Land Sales, Condominiums, Timeshares, and
1831	Mobile Homes Trust Fund. If a developer fails to pay the civil
1832	penalty, the division shall thereupon issue an order directing
1833	that such developer cease and desist from further operation
1834	until such time as the civil penalty is paid or may pursue
1835	enforcement of the penalty in a court of competent jurisdiction.
1836	If an association fails to pay the civil penalty, the division
1837	shall thereupon pursue enforcement in a court of competent
1838	jurisdiction, and the order imposing the civil penalty or the
1839	cease and desist order will not become effective until 20 days
1840	after the date of such order. Any action commenced by the
1841	division shall be brought in the county in which the division
1842	has its executive offices or in the county where the violation
1843	occurred.
1844	7.  In addition to subparagraph 6., the division may seek
1845	the imposition of a civil penalty through the circuit court for
1846	any violation for which the division may issue a notice to show
1847	cause under paragraph (q). The civil penalty shall be at least
1848	$500 but no more than $5,000 for each violation. The court may
1849	also award to the prevailing party court costs and reasonable
1850	attorney's fees and, if the division prevails, may also award
1851	reasonable costs of investigation.
1852	(e)  The division may is authorized to prepare and
1853	disseminate a prospectus and other information to assist
1854	prospective owners, purchasers, lessees, and developers of
1855	residential condominiums in assessing the rights, privileges,
1856	and duties pertaining thereto.
1857	(f)  The division has authority to adopt rules pursuant to
1858	ss. 120.536(1) and 120.54 to implement and enforce the
1859	provisions of this chapter.
1860	(g)  The division shall establish procedures for providing
1861	notice to an association when the division is considering the
1862	issuance of a declaratory statement with respect to the
1863	declaration of condominium or any related document governing in
1864	such condominium community.
1865	(h)  The division shall furnish each association which pays
1866	the fees required by paragraph (2)(a) a copy of this act,
1867	subsequent changes to this act on an annual basis, an amended
1868	version of this act as it becomes available from the Secretary
1869	of State's office on a biennial basis, and the rules adopted
1870	promulgated pursuant thereto on an annual basis.
1871	(i)  The division shall annually provide each association
1872	with a summary of declaratory statements and formal legal
1873	opinions relating to the operations of condominiums which were
1874	rendered by the division during the previous year.
1875	(j)  The division shall provide training programs for
1876	condominium association board members and unit owners.
1877	(k)  The division shall maintain a toll-free telephone
1878	number accessible to condominium unit owners.
1879	(l)  The division shall develop a program to certify both
1880	volunteer and paid mediators to provide mediation of condominium
1881	disputes. The division shall provide, upon request, a list of
1882	such mediators to any association, unit owner, or other
1883	participant in arbitration proceedings under s. 718.1255
1884	requesting a copy of the list. The division shall include on the
1885	list of volunteer mediators only the names of persons who have
1886	received at least 20 hours of training in mediation techniques
1887	or who have mediated at least 20 disputes. In order to become
1888	initially certified by the division, paid mediators must be
1889	certified by the Supreme Court to mediate court cases in either
1890	county or circuit courts. However, the division may adopt, by
1891	rule, additional factors for the certification of paid
1892	mediators, which factors must be related to experience,
1893	education, or background. Any person initially certified as a
1894	paid mediator by the division must, in order to continue to be
1895	certified, comply with the factors or requirements imposed by
1896	rules adopted by the division.
1897	(m)  When a complaint is made, the division shall conduct
1898	its inquiry with due regard to the interests of the affected
1899	parties. Within 30 days after receipt of a complaint, the
1900	division shall acknowledge the complaint in writing and notify
1901	the complainant whether the complaint is within the jurisdiction
1902	of the division and whether additional information is needed by
1903	the division from the complainant. The division shall conduct
1904	its investigation and shall, within 90 days after receipt of the
1905	original complaint or of timely requested additional
1906	information, take action upon the complaint. However, the
1907	failure to complete the investigation within 90 days does not
1908	prevent the division from continuing the investigation,
1909	accepting or considering evidence obtained or received after 90
1910	days, or taking administrative action if reasonable cause exists
1911	to believe that a violation of this chapter or a rule of the
1912	division has occurred. If an investigation is not completed
1913	within the time limits established in this paragraph, the
1914	division shall, on a monthly basis, notify the complainant in
1915	writing of the status of the investigation. When reporting its
1916	action to the complainant, the division shall inform the
1917	complainant of any right to a hearing pursuant to ss. 120.569
1918	and 120.57.
1919	(n)  The division may:
1920	1.  Contract with agencies in this state or other
1921	jurisdictions to perform investigative functions; or
1922	2.  Accept grants-in-aid from any source.
1923	(o)  The division shall cooperate with similar agencies in
1924	other jurisdictions to establish uniform filing procedures and
1925	forms, public offering statements, advertising standards, and
1926	rules and common administrative practices.
1927	(p)  The division shall consider notice to a developer to
1928	be complete when it is delivered to the developer's address
1929	currently on file with the division.
1930	(q)  In addition to its enforcement authority, the division
1931	may issue a notice to show cause, which shall provide for a
1932	hearing, upon written request, in accordance with chapter 120.
1933	(2)(a)  Effective January 1, 1992, Each condominium
1934	association which operates more than two units shall pay to the
1935	division an annual fee in the amount of $4 for each residential
1936	unit in condominiums operated by the association. If the fee is
1937	not paid by March 1, then the association shall be assessed a
1938	penalty of 10 percent of the amount due, and the association
1939	will not have standing to maintain or defend any action in the
1940	courts of this state until the amount due, plus any penalty, is
1941	paid.
1942	(b)  All fees shall be deposited in the Division of Florida
1943	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
1944	Fund as provided by law.
1945	Section 46.  Subsection (1) of section 718.5011, Florida
1946	Statutes, is amended to read:
1947	718.5011  Ombudsman; appointment; administration.--
1948	(1)  There is created an Office of the Condominium
1949	Ombudsman, to be located for administrative purposes within the
1950	Division of Florida Land Sales, Condominiums, Timeshares, and
1951	Mobile Homes. The functions of the office shall be funded by the
1952	Division of Florida Land Sales, Condominiums, Timeshares, and
1953	Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
1954	of the division, and the office shall be set within the division
1955	in the same manner as any other bureau is staffed and funded.
1956	Section 47.  Paragraph (a) of subsection (2) of section
1957	718.502, Florida Statutes, is amended to read:
1958	718.502  Filing prior to sale or lease.--
1959	(2)(a)  Prior to filing as required by subsection (1), and
1960	prior to acquiring an ownership, leasehold, or contractual
1961	interest in the land upon which the condominium is to be
1962	developed, a developer shall not offer a contract for purchase
1963	of a unit or lease of a unit for more than 5 years. However, the
1964	developer may accept deposits for reservations upon the approval
1965	of a fully executed escrow agreement and reservation agreement
1966	form properly filed with the Division of Florida Land Sales,
1967	Condominiums, Timeshares, and Mobile Homes. Each filing of a
1968	proposed reservation program shall be accompanied by a filing
1969	fee of $250. Reservations shall not be taken on a proposed
1970	condominium unless the developer has an ownership, leasehold, or
1971	contractual interest in the land upon which the condominium is
1972	to be developed. The division shall notify the developer within
1973	20 days of receipt of the reservation filing of any deficiencies
1974	contained therein. Such notification shall not preclude the
1975	determination of reservation filing deficiencies at a later
1976	date, nor shall it relieve the developer of any responsibility
1977	under the law. The escrow agreement and the reservation
1978	agreement form shall include a statement of the right of the
1979	prospective purchaser to an immediate unqualified refund of the
1980	reservation deposit moneys upon written request to the escrow
1981	agent by the prospective purchaser or the developer.
1982	Section 48.  Section 718.504, Florida Statutes, is amended
1983	to read:
1984	718.504  Prospectus or offering circular.--Every developer
1985	of a residential condominium which contains more than 20
1986	residential units, or which is part of a group of residential
1987	condominiums which will be served by property to be used in
1988	common by unit owners of more than 20 residential units, shall
1989	prepare a prospectus or offering circular and file it with the
1990	Division of Florida Land Sales, Condominiums, Timeshares, and
1991	Mobile Homes prior to entering into an enforceable contract of
1992	purchase and sale of any unit or lease of a unit for more than 5
1993	years and shall furnish a copy of the prospectus or offering
1994	circular to each buyer. In addition to the prospectus or
1995	offering circular, each buyer shall be furnished a separate page
1996	entitled "Frequently Asked Questions and Answers," which shall
1997	be in accordance with a format approved by the division and a
1998	copy of the financial information required by s. 718.111. This
1999	page shall, in readable language, inform prospective purchasers
2000	regarding their voting rights and unit use restrictions,
2001	including restrictions on the leasing of a unit; shall indicate
2002	whether and in what amount the unit owners or the association is
2003	obligated to pay rent or land use fees for recreational or other
2004	commonly used facilities; shall contain a statement identifying
2005	that amount of assessment which, pursuant to the budget, would
2006	be levied upon each unit type, exclusive of any special
2007	assessments, and which shall further identify the basis upon
2008	which assessments are levied, whether monthly, quarterly, or
2009	otherwise; shall state and identify any court cases in which the
2010	association is currently a party of record in which the
2011	association may face liability in excess of $100,000; and which
2012	shall further state whether membership in a recreational
2013	facilities association is mandatory, and if so, shall identify
2014	the fees currently charged per unit type. The division shall by
2015	rule require such other disclosure as in its judgment will
2016	assist prospective purchasers. The prospectus or offering
2017	circular may include more than one condominium, although not all
2018	such units are being offered for sale as of the date of the
2019	prospectus or offering circular. The prospectus or offering
2020	circular must contain the following information:
2021	(1)  The front cover or the first page must contain only:
2022	(a)  The name of the condominium.
2023	(b)  The following statements in conspicuous type:
2024	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2025	MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2026	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2027	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2028	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2029	MATERIALS.
2030	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2031	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2032	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2033	REPRESENTATIONS.
2034	(2)  Summary: The next page must contain all statements
2035	required to be in conspicuous type in the prospectus or offering
2036	circular.
2037	(3)  A separate index of the contents and exhibits of the
2038	prospectus.
2039	(4)  Beginning on the first page of the text (not including
2040	the summary and index), a description of the condominium,
2041	including, but not limited to, the following information:
2042	(a)  Its name and location.
2043	(b)  A description of the condominium property, including,
2044	without limitation:
2045	1.  The number of buildings, the number of units in each
2046	building, the number of bathrooms and bedrooms in each unit, and
2047	the total number of units, if the condominium is not a phase
2048	condominium, or the maximum number of buildings that may be
2049	contained within the condominium, the minimum and maximum
2050	numbers of units in each building, the minimum and maximum
2051	numbers of bathrooms and bedrooms that may be contained in each
2052	unit, and the maximum number of units that may be contained
2053	within the condominium, if the condominium is a phase
2054	condominium.
2055	2.  The page in the condominium documents where a copy of
2056	the plot plan and survey of the condominium is located.
2057	3.  The estimated latest date of completion of
2058	constructing, finishing, and equipping. In lieu of a date, the
2059	description shall include a statement that the estimated date of
2060	completion of the condominium is in the purchase agreement and a
2061	reference to the article or paragraph containing that
2062	information.
2063	(c)  The maximum number of units that will use facilities
2064	in common with the condominium. If the maximum number of units
2065	will vary, a description of the basis for variation and the
2066	minimum amount of dollars per unit to be spent for additional
2067	recreational facilities or enlargement of such facilities. If
2068	the addition or enlargement of facilities will result in a
2069	material increase of a unit owner's maintenance expense or
2070	rental expense, if any, the maximum increase and limitations
2071	thereon shall be stated.
2072	(5)(a)  A statement in conspicuous type describing whether
2073	the condominium is created and being sold as fee simple
2074	interests or as leasehold interests. If the condominium is
2075	created or being sold on a leasehold, the location of the lease
2076	in the disclosure materials shall be stated.
2077	(b)  If timeshare estates are or may be created with
2078	respect to any unit in the condominium, a statement in
2079	conspicuous type stating that timeshare estates are created and
2080	being sold in units in the condominium.
2081	(6)  A description of the recreational and other commonly
2082	used facilities that will be used only by unit owners of the
2083	condominium, including, but not limited to, the following:
2084	(a)  Each room and its intended purposes, location,
2085	approximate floor area, and capacity in numbers of people.
2086	(b)  Each swimming pool, as to its general location,
2087	approximate size and depths, approximate deck size and capacity,
2088	and whether heated.
2089	(c)  Additional facilities, as to the number of each
2090	facility, its approximate location, approximate size, and
2091	approximate capacity.
2092	(d)  A general description of the items of personal
2093	property and the approximate number of each item of personal
2094	property that the developer is committing to furnish for each
2095	room or other facility or, in the alternative, a representation
2096	as to the minimum amount of expenditure that will be made to
2097	purchase the personal property for the facility.
2098	(e)  The estimated date when each room or other facility
2099	will be available for use by the unit owners.
2100	(f)1.  An identification of each room or other facility to
2101	be used by unit owners that will not be owned by the unit owners
2102	or the association;
2103	2.  A reference to the location in the disclosure materials
2104	of the lease or other agreements providing for the use of those
2105	facilities; and
2106	3.  A description of the terms of the lease or other
2107	agreements, including the length of the term; the rent payable,
2108	directly or indirectly, by each unit owner, and the total rent
2109	payable to the lessor, stated in monthly and annual amounts for
2110	the entire term of the lease; and a description of any option to
2111	purchase the property leased under any such lease, including the
2112	time the option may be exercised, the purchase price or how it
2113	is to be determined, the manner of payment, and whether the
2114	option may be exercised for a unit owner's share or only as to
2115	the entire leased property.
2116	(g)  A statement as to whether the developer may provide
2117	additional facilities not described above; their general
2118	locations and types; improvements or changes that may be made;
2119	the approximate dollar amount to be expended; and the maximum
2120	additional common expense or cost to the individual unit owners
2121	that may be charged during the first annual period of operation
2122	of the modified or added facilities.
2123
2124	Descriptions as to locations, areas, capacities, numbers,
2125	volumes, or sizes may be stated as approximations or minimums.
2126	(7)  A description of the recreational and other facilities
2127	that will be used in common with other condominiums, community
2128	associations, or planned developments which require the payment
2129	of the maintenance and expenses of such facilities, either
2130	directly or indirectly, by the unit owners. The description
2131	shall include, but not be limited to, the following:
2132	(a)  Each building and facility committed to be built.
2133	(b)  Facilities not committed to be built except under
2134	certain conditions, and a statement of those conditions or
2135	contingencies.
2136	(c)  As to each facility committed to be built, or which
2137	will be committed to be built upon the happening of one of the
2138	conditions in paragraph (b), a statement of whether it will be
2139	owned by the unit owners having the use thereof or by an
2140	association or other entity which will be controlled by them, or
2141	others, and the location in the exhibits of the lease or other
2142	document providing for use of those facilities.
2143	(d)  The year in which each facility will be available for
2144	use by the unit owners or, in the alternative, the maximum
2145	number of unit owners in the project at the time each of all of
2146	the facilities is committed to be completed.
2147	(e)  A general description of the items of personal
2148	property, and the approximate number of each item of personal
2149	property, that the developer is committing to furnish for each
2150	room or other facility or, in the alternative, a representation
2151	as to the minimum amount of expenditure that will be made to
2152	purchase the personal property for the facility.
2153	(f)  If there are leases, a description thereof, including
2154	the length of the term, the rent payable, and a description of
2155	any option to purchase.
2156
2157	Descriptions shall include location, areas, capacities, numbers,
2158	volumes, or sizes and may be stated as approximations or
2159	minimums.
2160	(8)  Recreation lease or associated club membership:
2161	(a)  If any recreational facilities or other facilities
2162	offered by the developer and available to, or to be used by,
2163	unit owners are to be leased or have club membership associated,
2164	the following statement in conspicuous type shall be included:
2165	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2166	CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2167	CONDOMINIUM. There shall be a reference to the location in the
2168	disclosure materials where the recreation lease or club
2169	membership is described in detail.
2170	(b)  If it is mandatory that unit owners pay a fee, rent,
2171	dues, or other charges under a recreational facilities lease or
2172	club membership for the use of facilities, there shall be in
2173	conspicuous type the applicable statement:
2174	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2175	MANDATORY FOR UNIT OWNERS; or
2176	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2177	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2178	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2179	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2180	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2181	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2182	4.  A similar statement of the nature of the organization
2183	or the manner in which the use rights are created, and that unit
2184	owners are required to pay.
2185
2186	Immediately following the applicable statement, the location in
2187	the disclosure materials where the development is described in
2188	detail shall be stated.
2189	(c)  If the developer, or any other person other than the
2190	unit owners and other persons having use rights in the
2191	facilities, reserves, or is entitled to receive, any rent, fee,
2192	or other payment for the use of the facilities, then there shall
2193	be the following statement in conspicuous type: THE UNIT OWNERS
2194	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2195	RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
2196	following this statement, the location in the disclosure
2197	materials where the rent or land use fees are described in
2198	detail shall be stated.
2199	(d)  If, in any recreation format, whether leasehold, club,
2200	or other, any person other than the association has the right to
2201	a lien on the units to secure the payment of assessments, rent,
2202	or other exactions, there shall appear a statement in
2203	conspicuous type in substantially the following form:
2204	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2205	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2206	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2207	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2208	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2209	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2210	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2211	OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
2212	THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2213
2214	Immediately following the applicable statement, the location in
2215	the disclosure materials where the lien or lien right is
2216	described in detail shall be stated.
2217	(9)  If the developer or any other person has the right to
2218	increase or add to the recreational facilities at any time after
2219	the establishment of the condominium whose unit owners have use
2220	rights therein, without the consent of the unit owners or
2221	associations being required, there shall appear a statement in
2222	conspicuous type in substantially the following form:
2223	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2224	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2225	statement, the location in the disclosure materials where such
2226	reserved rights are described shall be stated.
2227	(10)  A statement of whether the developer's plan includes
2228	a program of leasing units rather than selling them, or leasing
2229	units and selling them subject to such leases. If so, there
2230	shall be a description of the plan, including the number and
2231	identification of the units and the provisions and term of the
2232	proposed leases, and a statement in boldfaced type that: THE
2233	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2234	(11)  The arrangements for management of the association
2235	and maintenance and operation of the condominium property and of
2236	other property that will serve the unit owners of the
2237	condominium property, and a description of the management
2238	contract and all other contracts for these purposes having a
2239	term in excess of 1 year, including the following:
2240	(a)  The names of contracting parties.
2241	(b)  The term of the contract.
2242	(c)  The nature of the services included.
2243	(d)  The compensation, stated on a monthly and annual
2244	basis, and provisions for increases in the compensation.
2245	(e)  A reference to the volumes and pages of the
2246	condominium documents and of the exhibits containing copies of
2247	such contracts.
2248
2249	Copies of all described contracts shall be attached as exhibits.
2250	If there is a contract for the management of the condominium
2251	property, then a statement in conspicuous type in substantially
2252	the following form shall appear, identifying the proposed or
2253	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2254	THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
2255	CONTRACT MANAGER). Immediately following this statement, the
2256	location in the disclosure materials of the contract for
2257	management of the condominium property shall be stated.
2258	(12)  If the developer or any other person or persons other
2259	than the unit owners has the right to retain control of the
2260	board of administration of the association for a period of time
2261	which can exceed 1 year after the closing of the sale of a
2262	majority of the units in that condominium to persons other than
2263	successors or alternate developers, then a statement in
2264	conspicuous type in substantially the following form shall be
2265	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2266	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2267	HAVE BEEN SOLD. Immediately following this statement, the
2268	location in the disclosure materials where this right to control
2269	is described in detail shall be stated.
2270	(13)  If there are any restrictions upon the sale,
2271	transfer, conveyance, or leasing of a unit, then a statement in
2272	conspicuous type in substantially the following form shall be
2273	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2274	CONTROLLED. Immediately following this statement, the location
2275	in the disclosure materials where the restriction, limitation,
2276	or control on the sale, lease, or transfer of units is described
2277	in detail shall be stated.
2278	(14)  If the condominium is part of a phase project, the
2279	following information shall be stated:
2280	(a)  A statement in conspicuous type in substantially the
2281	following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
2282	UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
2283	this statement, the location in the disclosure materials where
2284	the phasing is described shall be stated.
2285	(b)  A summary of the provisions of the declaration which
2286	provide for the phasing.
2287	(c)  A statement as to whether or not residential buildings
2288	and units which are added to the condominium may be
2289	substantially different from the residential buildings and units
2290	originally in the condominium. If the added residential
2291	buildings and units may be substantially different, there shall
2292	be a general description of the extent to which such added
2293	residential buildings and units may differ, and a statement in
2294	conspicuous type in substantially the following form shall be
2295	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
2296	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2297	UNITS IN THE CONDOMINIUM. Immediately following this statement,
2298	the location in the disclosure materials where the extent to
2299	which added residential buildings and units may substantially
2300	differ is described shall be stated.
2301	(d)  A statement of the maximum number of buildings
2302	containing units, the maximum and minimum numbers of units in
2303	each building, the maximum number of units, and the minimum and
2304	maximum square footage of the units that may be contained within
2305	each parcel of land which may be added to the condominium.
2306	(15)  If a condominium created on or after July 1, 2000, is
2307	or may become part of a multicondominium, the following
2308	information must be provided:
2309	(a)  A statement in conspicuous type in substantially the
2310	following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
2311	MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
2312	(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
2313	this statement, the location in the prospectus or offering
2314	circular and its exhibits where the multicondominium aspects of
2315	the offering are described must be stated.
2316	(b)  A summary of the provisions in the declaration,
2317	articles of incorporation, and bylaws which establish and
2318	provide for the operation of the multicondominium, including a
2319	statement as to whether unit owners in the condominium will have
2320	the right to use recreational or other facilities located or
2321	planned to be located in other condominiums operated by the same
2322	association, and the manner of sharing the common expenses
2323	related to such facilities.
2324	(c)  A statement of the minimum and maximum number of
2325	condominiums, and the minimum and maximum number of units in
2326	each of those condominiums, which will or may be operated by the
2327	association, and the latest date by which the exact number will
2328	be finally determined.
2329	(d)  A statement as to whether any of the condominiums in
2330	the multicondominium may include units intended to be used for
2331	nonresidential purposes and the purpose or purposes permitted
2332	for such use.
2333	(e)  A general description of the location and approximate
2334	acreage of any land on which any additional condominiums to be
2335	operated by the association may be located.
2336	(16)  If the condominium is created by conversion of
2337	existing improvements, the following information shall be
2338	stated:
2339	(a)  The information required by s. 718.616.
2340	(b)  A caveat that there are no express warranties unless
2341	they are stated in writing by the developer.
2342	(17)  A summary of the restrictions, if any, to be imposed
2343	on units concerning the use of any of the condominium property,
2344	including statements as to whether there are restrictions upon
2345	children and pets, and reference to the volumes and pages of the
2346	condominium documents where such restrictions are found, or if
2347	such restrictions are contained elsewhere, then a copy of the
2348	documents containing the restrictions shall be attached as an
2349	exhibit.
2350	(18)  If there is any land that is offered by the developer
2351	for use by the unit owners and that is neither owned by them nor
2352	leased to them, the association, or any entity controlled by
2353	unit owners and other persons having the use rights to such
2354	land, a statement shall be made as to how such land will serve
2355	the condominium. If any part of such land will serve the
2356	condominium, the statement shall describe the land and the
2357	nature and term of service, and the declaration or other
2358	instrument creating such servitude shall be included as an
2359	exhibit.
2360	(19)  The manner in which utility and other services,
2361	including, but not limited to, sewage and waste disposal, water
2362	supply, and storm drainage, will be provided and the person or
2363	entity furnishing them.
2364	(20)  An explanation of the manner in which the
2365	apportionment of common expenses and ownership of the common
2366	elements has been determined.
2367	(21)  An estimated operating budget for the condominium and
2368	the association, and a schedule of the unit owner's expenses
2369	shall be attached as an exhibit and shall contain the following
2370	information:
2371	(a)  The estimated monthly and annual expenses of the
2372	condominium and the association that are collected from unit
2373	owners by assessments.
2374	(b)  The estimated monthly and annual expenses of each unit
2375	owner for a unit, other than common expenses paid by all unit
2376	owners, payable by the unit owner to persons or entities other
2377	than the association, as well as to the association, including
2378	fees assessed pursuant to s. 718.113(1) for maintenance of
2379	limited common elements where such costs are shared only by
2380	those entitled to use the limited common element, and the total
2381	estimated monthly and annual expense. There may be excluded from
2382	this estimate expenses which are not provided for or
2383	contemplated by the condominium documents, including, but not
2384	limited to, the costs of private telephone; maintenance of the
2385	interior of condominium units, which is not the obligation of
2386	the association; maid or janitorial services privately
2387	contracted for by the unit owners; utility bills billed directly
2388	to each unit owner for utility services to his or her unit;
2389	insurance premiums other than those incurred for policies
2390	obtained by the condominium; and similar personal expenses of
2391	the unit owner. A unit owner's estimated payments for
2392	assessments shall also be stated in the estimated amounts for
2393	the times when they will be due.
2394	(c)  The estimated items of expenses of the condominium and
2395	the association, except as excluded under paragraph (b),
2396	including, but not limited to, the following items, which shall
2397	be stated either as an association expense collectible by
2398	assessments or as unit owners' expenses payable to persons other
2399	than the association:
2400	1.  Expenses for the association and condominium:
2401	a.  Administration of the association.
2402	b.  Management fees.
2403	c.  Maintenance.
2404	d.  Rent for recreational and other commonly used
2405	facilities.
2406	e.  Taxes upon association property.
2407	f.  Taxes upon leased areas.
2408	g.  Insurance.
2409	h.  Security provisions.
2410	i.  Other expenses.
2411	j.  Operating capital.
2412	k.  Reserves.
2413	l.  Fees payable to the division.
2414	2.  Expenses for a unit owner:
2415	a.  Rent for the unit, if subject to a lease.
2416	b.  Rent payable by the unit owner directly to the lessor
2417	or agent under any recreational lease or lease for the use of
2418	commonly used facilities, which use and payment is a mandatory
2419	condition of ownership and is not included in the common expense
2420	or assessments for common maintenance paid by the unit owners to
2421	the association.
2422	(d)  The following statement in conspicuous type: THE
2423	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2424	ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
2425	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2426	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2427	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2428	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
2429	THE OFFERING.
2430	(e)  Each budget for an association prepared by a developer
2431	consistent with this subsection shall be prepared in good faith
2432	and shall reflect accurate estimated amounts for the required
2433	items in paragraph (c) at the time of the filing of the offering
2434	circular with the division, and subsequent increased amounts of
2435	any item included in the association's estimated budget that are
2436	beyond the control of the developer shall not be considered an
2437	amendment that would give rise to rescission rights set forth in
2438	s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2439	or otherwise affect any guarantee of the developer contained in
2440	the offering circular or any purchase contract. It is the intent
2441	of this paragraph to clarify existing law.
2442	(f)  The estimated amounts shall be stated for a period of
2443	at least 12 months and may distinguish between the period prior
2444	to the time unit owners other than the developer elect a
2445	majority of the board of administration and the period after
2446	that date.
2447	(22)  A schedule of estimated closing expenses to be paid
2448	by a buyer or lessee of a unit and a statement of whether title
2449	opinion or title insurance policy is available to the buyer and,
2450	if so, at whose expense.
2451	(23)  The identity of the developer and the chief operating
2452	officer or principal directing the creation and sale of the
2453	condominium and a statement of its and his or her experience in
2454	this field.
2455	(24)  Copies of the following, to the extent they are
2456	applicable, shall be included as exhibits:
2457	(a)  The declaration of condominium, or the proposed
2458	declaration if the declaration has not been recorded.
2459	(b)  The articles of incorporation creating the
2460	association.
2461	(c)  The bylaws of the association.
2462	(d)  The ground lease or other underlying lease of the
2463	condominium.
2464	(e)  The management agreement and all maintenance and other
2465	contracts for management of the association and operation of the
2466	condominium and facilities used by the unit owners having a
2467	service term in excess of 1 year.
2468	(f)  The estimated operating budget for the condominium and
2469	the required schedule of unit owners' expenses.
2470	(g)  A copy of the floor plan of the unit and the plot plan
2471	showing the location of the residential buildings and the
2472	recreation and other common areas.
2473	(h)  The lease of recreational and other facilities that
2474	will be used only by unit owners of the subject condominium.
2475	(i)  The lease of facilities used by owners and others.
2476	(j)  The form of unit lease, if the offer is of a
2477	leasehold.
2478	(k)  A declaration of servitude of properties serving the
2479	condominium but not owned by unit owners or leased to them or
2480	the association.
2481	(l)  The statement of condition of the existing building or
2482	buildings, if the offering is of units in an operation being
2483	converted to condominium ownership.
2484	(m)  The statement of inspection for termite damage and
2485	treatment of the existing improvements, if the condominium is a
2486	conversion.
2487	(n)  The form of agreement for sale or lease of units.
2488	(o)  A copy of the agreement for escrow of payments made to
2489	the developer prior to closing.
2490	(p)  A copy of the documents containing any restrictions on
2491	use of the property required by subsection (17).
2492	(25)  Any prospectus or offering circular complying, prior
2493	to the effective date of this act, with the provisions of former
2494	ss. 711.69 and 711.802 may continue to be used without amendment
2495	or may be amended to comply with the provisions of this chapter.
2496	(26)  A brief narrative description of the location and
2497	effect of all existing and intended easements located or to be
2498	located on the condominium property other than those described
2499	in the declaration.
2500	(27)  If the developer is required by state or local
2501	authorities to obtain acceptance or approval of any dock or
2502	marina facilities intended to serve the condominium, a copy of
2503	any such acceptance or approval acquired by the time of filing
2504	with the division under s. 718.502(1) or a statement that such
2505	acceptance or approval has not been acquired or received.
2506	(28)  Evidence demonstrating that the developer has an
2507	ownership, leasehold, or contractual interest in the land upon
2508	which the condominium is to be developed.
2509	Section 49.  Section 718.508, Florida Statutes, is amended
2510	to read:
2511	718.508  Regulation by Division of Hotels and
2512	Restaurants.--In addition to the authority, regulation, or
2513	control exercised by the Division of Florida Land Sales,
2514	Condominiums, Timeshares, and Mobile Homes pursuant to this act
2515	with respect to condominiums, buildings included in a
2516	condominium property are shall be subject to the authority,
2517	regulation, or control of the Division of Hotels and Restaurants
2518	of the Department of Business and Professional Regulation, to
2519	the extent provided for in chapter 399.
2520	Section 50.  Section 718.509, Florida Statutes, is amended,
2521	and section 498.019, Florida Statutes, is transferred,
2522	renumbered as subsections (1) and (2) of that section, and
2523	amended to read:
2524	718.509  Division of Florida Land Sales, Condominiums,
2525	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
2526	the division and any amount paid for a fee or penalty under this
2527	chapter shall be deposited in the State Treasury to the credit
2528	of the Division of Florida Land Sales, Condominiums, and Mobile
2529	Homes Trust Fund created by s. 498.019.
2530	498.019  Division of Florida Land Sales, Condominiums, and
2531	Mobile Homes Trust Fund.--
2532	(1)  There is created within the State Treasury the
2533	Division of Florida Land Sales, Condominiums, Timeshares, and
2534	Mobile Homes Trust Fund to be used for the administration and
2535	operation of this chapter and chapters 718, 719, 721, and 723 by
2536	the division.
2537	(2)  All moneys collected by the division from fees, fines,
2538	or penalties or from costs awarded to the division by a court or
2539	administrative final order shall be paid into the Division of
2540	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2541	Trust Fund. The Legislature shall appropriate funds from this
2542	trust fund sufficient to carry out the provisions of this
2543	chapter and the provisions of law with respect to each category
2544	of business covered by the this trust fund. The division shall
2545	maintain separate revenue accounts in the trust fund for each of
2546	the businesses regulated by the division. The division shall
2547	provide for the proportionate allocation among the accounts of
2548	expenses incurred by the division in the performance of its
2549	duties with respect to each of these businesses. As part of its
2550	normal budgetary process, the division shall prepare an annual
2551	report of revenue and allocated expenses related to the
2552	operation of each of these businesses which may be used to
2553	determine fees charged by the division. This subsection shall
2554	operate pursuant to the provisions of s. 215.20.
2555	Section 51.  Paragraph (a) of subsection (2) of section
2556	718.608, Florida Statutes, is amended to read:
2557	718.608  Notice of intended conversion; time of delivery;
2558	content.--
2559	(2)(a)  Each notice of intended conversion shall be dated
2560	and in writing. The notice shall contain the following
2561	statement, with the phrases of the following statement which
2562	appear in upper case printed in conspicuous type:
2563
2564	These apartments are being converted to condominium by
2565	(name of developer)  , the developer.
2566	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2567	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2568	AGREEMENT AS FOLLOWS:
2569	a.  If you have continuously been a resident of these
2570	apartments during the last 180 days and your rental agreement
2571	expires during the next 270 days, you may extend your rental
2572	agreement for up to 270 days after the date of this notice.
2573	b.  If you have not been a continuous resident of these
2574	apartments for the last 180 days and your rental agreement
2575	expires during the next 180 days, you may extend your rental
2576	agreement for up to 180 days after the date of this notice.
2577	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2578	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2579	DATE OF THIS NOTICE.
2580	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2581	you may extend your rental agreement for up to 45 days after the
2582	date of this notice while you decide whether to extend your
2583	rental agreement as explained above. To do so, you must notify
2584	the developer in writing. You will then have the full 45 days to
2585	decide whether to extend your rental agreement as explained
2586	above.
2587	3.  During the extension of your rental agreement you will
2588	be charged the same rent that you are now paying.
2589	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2590	OF THE RENTAL AGREEMENT AS FOLLOWS:
2591	a.  If your rental agreement began or was extended or
2592	renewed after May 1, 1980, and your rental agreement, including
2593	extensions and renewals, has an unexpired term of 180 days or
2594	less, you may cancel your rental agreement upon 30 days' written
2595	notice and move. Also, upon 30 days' written notice, you may
2596	cancel any extension of the rental agreement.
2597	b.  If your rental agreement was not begun or was not
2598	extended or renewed after May 1, 1980, you may not cancel the
2599	rental agreement without the consent of the developer. If your
2600	rental agreement, including extensions and renewals, has an
2601	unexpired term of 180 days or less, you may, however, upon 30
2602	days' written notice cancel any extension of the rental
2603	agreement.
2604	5.  All notices must be given in writing and sent by mail,
2605	return receipt requested, or delivered in person to the
2606	developer at this address:   (name and address of developer)  .
2607	6.  If you have continuously been a resident of these
2608	apartments during the last 180 days:
2609	a.  You have the right to purchase your apartment and will
2610	have 45 days to decide whether to purchase. If you do not buy
2611	the unit at that price and the unit is later offered at a lower
2612	price, you will have the opportunity to buy the unit at the
2613	lower price. However, in all events your right to purchase the
2614	unit ends when the rental agreement or any extension of the
2615	rental agreement ends or when you waive this right in writing.
2616	b.  Within 90 days you will be provided purchase
2617	information relating to your apartment, including the price of
2618	your unit and the condition of the building. If you do not
2619	receive this information within 90 days, your rental agreement
2620	and any extension will be extended 1 day for each day over 90
2621	days until you are given the purchase information. If you do not
2622	want this rental agreement extension, you must notify the
2623	developer in writing.
2624	7.  If you have any questions regarding this conversion or
2625	the Condominium Act, you may contact the developer or the state
2626	agency which regulates condominiums: The Division of Florida
2627	Land Sales, Condominiums, Timeshares, and Mobile Homes,
2628	(Tallahassee address and telephone number of division)  .
2629	Section 52.  Subsection (17) of section 719.103, Florida
2630	Statutes, is amended to read:
2631	719.103  Definitions.--As used in this chapter:
2632	(17)  "Division" means the Division of Florida Land Sales,
2633	Condominiums, Timeshares, and Mobile Homes of the Department of
2634	Business and Professional Regulation.
2635	Section 53.  Section 719.1255, Florida Statutes, is amended
2636	to read:
2637	719.1255  Alternative resolution of disputes.--The Division
2638	of Florida Land Sales, Condominiums, Timeshares, and Mobile
2639	Homes of the Department of Business and Professional Regulation
2640	shall provide for alternative dispute resolution in accordance
2641	with s. 718.1255.
2642	Section 54.  Section 719.501, Florida Statutes, is amended
2643	to read:
2644	719.501  Powers and duties of Division of Florida Land
2645	Sales, Condominiums, Timeshares, and Mobile Homes.--
2646	(1)  The Division of Florida Land Sales, Condominiums,
2647	Timeshares, and Mobile Homes of the Department of Business and
2648	Professional Regulation, referred to as the "division" in this
2649	part, in addition to other powers and duties prescribed by
2650	chapter 718 498, has the power to enforce and ensure compliance
2651	with the provisions of this chapter and adopted rules
2652	promulgated pursuant hereto relating to the development,
2653	construction, sale, lease, ownership, operation, and management
2654	of residential cooperative units. In performing its duties, the
2655	division shall have the following powers and duties:
2656	(a)  The division may make necessary public or private
2657	investigations within or outside this state to determine whether
2658	any person has violated this chapter or any rule or order
2659	hereunder, to aid in the enforcement of this chapter, or to aid
2660	in the adoption of rules or forms hereunder.
2661	(b)  The division may require or permit any person to file
2662	a statement in writing, under oath or otherwise, as the division
2663	determines, as to the facts and circumstances concerning a
2664	matter to be investigated.
2665	(c)  For the purpose of any investigation under this
2666	chapter, the division director or any officer or employee
2667	designated by the division director may administer oaths or
2668	affirmations, subpoena witnesses and compel their attendance,
2669	take evidence, and require the production of any matter which is
2670	relevant to the investigation, including the existence,
2671	description, nature, custody, condition, and location of any
2672	books, documents, or other tangible things and the identity and
2673	location of persons having knowledge of relevant facts or any
2674	other matter reasonably calculated to lead to the discovery of
2675	material evidence. Upon failure by a person to obey a subpoena
2676	or to answer questions propounded by the investigating officer
2677	and upon reasonable notice to all persons affected thereby, the
2678	division may apply to the circuit court for an order compelling
2679	compliance.
2680	(d)  Notwithstanding any remedies available to unit owners
2681	and associations, if the division has reasonable cause to
2682	believe that a violation of any provision of this chapter or
2683	related rule promulgated pursuant hereto has occurred, the
2684	division may institute enforcement proceedings in its own name
2685	against a developer, association, officer, or member of the
2686	board, or its assignees or agents, as follows:
2687	1.  The division may permit a person whose conduct or
2688	actions may be under investigation to waive formal proceedings
2689	and enter into a consent proceeding whereby orders, rules, or
2690	letters of censure or warning, whether formal or informal, may
2691	be entered against the person.
2692	2.  The division may issue an order requiring the
2693	developer, association, officer, or member of the board, or its
2694	assignees or agents, to cease and desist from the unlawful
2695	practice and take such affirmative action as in the judgment of
2696	the division will carry out the purposes of this chapter. Such
2697	affirmative action may include, but is not limited to, an order
2698	requiring a developer to pay moneys determined to be owed to a
2699	condominium association.
2700	3.  The division may bring an action in circuit court on
2701	behalf of a class of unit owners, lessees, or purchasers for
2702	declaratory relief, injunctive relief, or restitution.
2703	4.  The division may impose a civil penalty against a
2704	developer or association, or its assignees or agents, for any
2705	violation of this chapter or related a rule promulgated pursuant
2706	hereto. The division may impose a civil penalty individually
2707	against any officer or board member who willfully and knowingly
2708	violates a provision of this chapter, a rule adopted pursuant to
2709	this chapter, or a final order of the division. The term
2710	"willfully and knowingly" means that the division informed the
2711	officer or board member that his or her action or intended
2712	action violates this chapter, a rule adopted under this chapter,
2713	or a final order of the division, and that the officer or board
2714	member refused to comply with the requirements of this chapter,
2715	a rule adopted under this chapter, or a final order of the
2716	division. The division, prior to initiating formal agency action
2717	under chapter 120, shall afford the officer or board member an
2718	opportunity to voluntarily comply with this chapter, a rule
2719	adopted under this chapter, or a final order of the division. An
2720	officer or board member who complies within 10 days is not
2721	subject to a civil penalty. A penalty may be imposed on the
2722	basis of each day of continuing violation, but in no event shall
2723	the penalty for any offense exceed $5,000. By January 1, 1998,
2724	the division shall adopt, by rule, penalty guidelines applicable
2725	to possible violations or to categories of violations of this
2726	chapter or rules adopted by the division. The guidelines must
2727	specify a meaningful range of civil penalties for each such
2728	violation of the statute and rules and must be based upon the
2729	harm caused by the violation, the repetition of the violation,
2730	and upon such other factors deemed relevant by the division. For
2731	example, the division may consider whether the violations were
2732	committed by a developer or owner-controlled association, the
2733	size of the association, and other factors. The guidelines must
2734	designate the possible mitigating or aggravating circumstances
2735	that justify a departure from the range of penalties provided by
2736	the rules. It is the legislative intent that minor violations be
2737	distinguished from those which endanger the health, safety, or
2738	welfare of the cooperative residents or other persons and that
2739	such guidelines provide reasonable and meaningful notice to the
2740	public of likely penalties that may be imposed for proscribed
2741	conduct. This subsection does not limit the ability of the
2742	division to informally dispose of administrative actions or
2743	complaints by stipulation, agreed settlement, or consent order.
2744	All amounts collected shall be deposited with the Chief
2745	Financial Officer to the credit of the Division of Florida Land
2746	Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
2747	a developer fails to pay the civil penalty, the division shall
2748	thereupon issue an order directing that such developer cease and
2749	desist from further operation until such time as the civil
2750	penalty is paid or may pursue enforcement of the penalty in a
2751	court of competent jurisdiction. If an association fails to pay
2752	the civil penalty, the division shall thereupon pursue
2753	enforcement in a court of competent jurisdiction, and the order
2754	imposing the civil penalty or the cease and desist order shall
2755	not become effective until 20 days after the date of such order.
2756	Any action commenced by the division shall be brought in the
2757	county in which the division has its executive offices or in the
2758	county where the violation occurred.
2759	(e)  The division may is authorized to prepare and
2760	disseminate a prospectus and other information to assist
2761	prospective owners, purchasers, lessees, and developers of
2762	residential cooperatives in assessing the rights, privileges,
2763	and duties pertaining thereto.
2764	(f)  The division has authority to adopt rules pursuant to
2765	ss. 120.536(1) and 120.54 to implement and enforce the
2766	provisions of this chapter.
2767	(g)  The division shall establish procedures for providing
2768	notice to an association when the division is considering the
2769	issuance of a declaratory statement with respect to the
2770	cooperative documents governing such cooperative community.
2771	(h)  The division shall furnish each association which pays
2772	the fees required by paragraph (2)(a) a copy of this act,
2773	subsequent changes to this act on an annual basis, an amended
2774	version of this act as it becomes available from the Secretary
2775	of State's office on a biennial basis, and the rules adopted
2776	promulgated pursuant thereto on an annual basis.
2777	(i)  The division shall annually provide each association
2778	with a summary of declaratory statements and formal legal
2779	opinions relating to the operations of cooperatives which were
2780	rendered by the division during the previous year.
2781	(j)  The division shall adopt uniform accounting
2782	principles, policies, and standards to be used by all
2783	associations in the preparation and presentation of all
2784	financial statements required by this chapter. The principles,
2785	policies, and standards shall take into consideration the size
2786	of the association and the total revenue collected by the
2787	association.
2788	(k)  The division shall provide training programs for
2789	cooperative association board members and unit owners.
2790	(l)  The division shall maintain a toll-free telephone
2791	number accessible to cooperative unit owners.
2792	(m)  When a complaint is made to the division, the division
2793	shall conduct its inquiry with reasonable dispatch and with due
2794	regard to the interests of the affected parties. Within 30 days
2795	after receipt of a complaint, the division shall acknowledge the
2796	complaint in writing and notify the complainant whether the
2797	complaint is within the jurisdiction of the division and whether
2798	additional information is needed by the division from the
2799	complainant. The division shall conduct its investigation and
2800	shall, within 90 days after receipt of the original complaint or
2801	timely requested additional information, take action upon the
2802	complaint. However, the failure to complete the investigation
2803	within 90 days does not prevent the division from continuing the
2804	investigation, accepting or considering evidence obtained or
2805	received after 90 days, or taking administrative action if
2806	reasonable cause exists to believe that a violation of this
2807	chapter or a rule of the division has occurred. If an
2808	investigation is not completed within the time limits
2809	established in this paragraph, the division shall, on a monthly
2810	basis, notify the complainant in writing of the status of the
2811	investigation. When reporting its action to the complainant, the
2812	division shall inform the complainant of any right to a hearing
2813	pursuant to ss. 120.569 and 120.57.
2814	(n)  The division shall develop a program to certify both
2815	volunteer and paid mediators to provide mediation of cooperative
2816	disputes. The division shall provide, upon request, a list of
2817	such mediators to any association, unit owner, or other
2818	participant in arbitration proceedings under s. 718.1255
2819	requesting a copy of the list. The division shall include on the
2820	list of voluntary mediators only persons who have received at
2821	least 20 hours of training in mediation techniques or have
2822	mediated at least 20 disputes. In order to become initially
2823	certified by the division, paid mediators must be certified by
2824	the Supreme Court to mediate court cases in either county or
2825	circuit courts. However, the division may adopt, by rule,
2826	additional factors for the certification of paid mediators,
2827	which factors must be related to experience, education, or
2828	background. Any person initially certified as a paid mediator by
2829	the division must, in order to continue to be certified, comply
2830	with the factors or requirements imposed by rules adopted by the
2831	division.
2832	(2)(a)  Each cooperative association shall pay to the
2833	division, on or before January 1 of each year, an annual fee in
2834	the amount of $4 for each residential unit in cooperatives
2835	operated by the association. If the fee is not paid by March 1,
2836	then the association shall be assessed a penalty of 10 percent
2837	of the amount due, and the association shall not have the
2838	standing to maintain or defend any action in the courts of this
2839	state until the amount due is paid.
2840	(b)  All fees shall be deposited in the Division of Florida
2841	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2842	Fund as provided by law.
2843	Section 55.  Paragraph (a) of subsection (2) of section
2844	719.502, Florida Statutes, is amended to read:
2845	719.502  Filing prior to sale or lease.--
2846	(2)(a)  Prior to filing as required by subsection (1), and
2847	prior to acquiring an ownership, leasehold, or contractual
2848	interest in the land upon which the cooperative is to be
2849	developed, a developer shall not offer a contract for purchase
2850	or lease of a unit for more than 5 years. However, the developer
2851	may accept deposits for reservations upon the approval of a
2852	fully executed escrow agreement and reservation agreement form
2853	properly filed with the Division of Florida Land Sales,
2854	Condominiums, Timeshares, and Mobile Homes. Each filing of a
2855	proposed reservation program shall be accompanied by a filing
2856	fee of $250. Reservations shall not be taken on a proposed
2857	cooperative unless the developer has an ownership, leasehold, or
2858	contractual interest in the land upon which the cooperative is
2859	to be developed. The division shall notify the developer within
2860	20 days of receipt of the reservation filing of any deficiencies
2861	contained therein. Such notification shall not preclude the
2862	determination of reservation filing deficiencies at a later
2863	date, nor shall it relieve the developer of any responsibility
2864	under the law. The escrow agreement and the reservation
2865	agreement form shall include a statement of the right of the
2866	prospective purchaser to an immediate unqualified refund of the
2867	reservation deposit moneys upon written request to the escrow
2868	agent by the prospective purchaser or the developer.
2869	Section 56.  Section 719.504, Florida Statutes, is amended
2870	to read:
2871	719.504  Prospectus or offering circular.--Every developer
2872	of a residential cooperative which contains more than 20
2873	residential units, or which is part of a group of residential
2874	cooperatives which will be served by property to be used in
2875	common by unit owners of more than 20 residential units, shall
2876	prepare a prospectus or offering circular and file it with the
2877	Division of Florida Land Sales, Condominiums, Timeshares, and
2878	Mobile Homes prior to entering into an enforceable contract of
2879	purchase and sale of any unit or lease of a unit for more than 5
2880	years and shall furnish a copy of the prospectus or offering
2881	circular to each buyer. In addition to the prospectus or
2882	offering circular, each buyer shall be furnished a separate page
2883	entitled "Frequently Asked Questions and Answers," which must be
2884	in accordance with a format approved by the division. This page
2885	must, in readable language: inform prospective purchasers
2886	regarding their voting rights and unit use restrictions,
2887	including restrictions on the leasing of a unit; indicate
2888	whether and in what amount the unit owners or the association is
2889	obligated to pay rent or land use fees for recreational or other
2890	commonly used facilities; contain a statement identifying that
2891	amount of assessment which, pursuant to the budget, would be
2892	levied upon each unit type, exclusive of any special
2893	assessments, and which identifies the basis upon which
2894	assessments are levied, whether monthly, quarterly, or
2895	otherwise; state and identify any court cases in which the
2896	association is currently a party of record in which the
2897	association may face liability in excess of $100,000; and state
2898	whether membership in a recreational facilities association is
2899	mandatory and, if so, identify the fees currently charged per
2900	unit type. The division shall by rule require such other
2901	disclosure as in its judgment will assist prospective
2902	purchasers. The prospectus or offering circular may include more
2903	than one cooperative, although not all such units are being
2904	offered for sale as of the date of the prospectus or offering
2905	circular. The prospectus or offering circular must contain the
2906	following information:
2907	(1)  The front cover or the first page must contain only:
2908	(a)  The name of the cooperative.
2909	(b)  The following statements in conspicuous type:
2910	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2911	MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
2912	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2913	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2914	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2915	MATERIALS.
2916	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2917	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2918	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2919	REPRESENTATIONS.
2920	(2)  Summary: The next page must contain all statements
2921	required to be in conspicuous type in the prospectus or offering
2922	circular.
2923	(3)  A separate index of the contents and exhibits of the
2924	prospectus.
2925	(4)  Beginning on the first page of the text (not including
2926	the summary and index), a description of the cooperative,
2927	including, but not limited to, the following information:
2928	(a)  Its name and location.
2929	(b)  A description of the cooperative property, including,
2930	without limitation:
2931	1.  The number of buildings, the number of units in each
2932	building, the number of bathrooms and bedrooms in each unit, and
2933	the total number of units, if the cooperative is not a phase
2934	cooperative; or, if the cooperative is a phase cooperative, the
2935	maximum number of buildings that may be contained within the
2936	cooperative, the minimum and maximum number of units in each
2937	building, the minimum and maximum number of bathrooms and
2938	bedrooms that may be contained in each unit, and the maximum
2939	number of units that may be contained within the cooperative.
2940	2.  The page in the cooperative documents where a copy of
2941	the survey and plot plan of the cooperative is located.
2942	3.  The estimated latest date of completion of
2943	constructing, finishing, and equipping. In lieu of a date, a
2944	statement that the estimated date of completion of the
2945	cooperative is in the purchase agreement and a reference to the
2946	article or paragraph containing that information.
2947	(c)  The maximum number of units that will use facilities
2948	in common with the cooperative. If the maximum number of units
2949	will vary, a description of the basis for variation and the
2950	minimum amount of dollars per unit to be spent for additional
2951	recreational facilities or enlargement of such facilities. If
2952	the addition or enlargement of facilities will result in a
2953	material increase of a unit owner's maintenance expense or
2954	rental expense, if any, the maximum increase and limitations
2955	thereon shall be stated.
2956	(5)(a)  A statement in conspicuous type describing whether
2957	the cooperative is created and being sold as fee simple
2958	interests or as leasehold interests. If the cooperative is
2959	created or being sold on a leasehold, the location of the lease
2960	in the disclosure materials shall be stated.
2961	(b)  If timeshare estates are or may be created with
2962	respect to any unit in the cooperative, a statement in
2963	conspicuous type stating that timeshare estates are created and
2964	being sold in such specified units in the cooperative.
2965	(6)  A description of the recreational and other common
2966	areas that will be used only by unit owners of the cooperative,
2967	including, but not limited to, the following:
2968	(a)  Each room and its intended purposes, location,
2969	approximate floor area, and capacity in numbers of people.
2970	(b)  Each swimming pool, as to its general location,
2971	approximate size and depths, approximate deck size and capacity,
2972	and whether heated.
2973	(c)  Additional facilities, as to the number of each
2974	facility, its approximate location, approximate size, and
2975	approximate capacity.
2976	(d)  A general description of the items of personal
2977	property and the approximate number of each item of personal
2978	property that the developer is committing to furnish for each
2979	room or other facility or, in the alternative, a representation
2980	as to the minimum amount of expenditure that will be made to
2981	purchase the personal property for the facility.
2982	(e)  The estimated date when each room or other facility
2983	will be available for use by the unit owners.
2984	(f)1.  An identification of each room or other facility to
2985	be used by unit owners that will not be owned by the unit owners
2986	or the association;
2987	2.  A reference to the location in the disclosure materials
2988	of the lease or other agreements providing for the use of those
2989	facilities; and
2990	3.  A description of the terms of the lease or other
2991	agreements, including the length of the term; the rent payable,
2992	directly or indirectly, by each unit owner, and the total rent
2993	payable to the lessor, stated in monthly and annual amounts for
2994	the entire term of the lease; and a description of any option to
2995	purchase the property leased under any such lease, including the
2996	time the option may be exercised, the purchase price or how it
2997	is to be determined, the manner of payment, and whether the
2998	option may be exercised for a unit owner's share or only as to
2999	the entire leased property.
3000	(g)  A statement as to whether the developer may provide
3001	additional facilities not described above, their general
3002	locations and types, improvements or changes that may be made,
3003	the approximate dollar amount to be expended, and the maximum
3004	additional common expense or cost to the individual unit owners
3005	that may be charged during the first annual period of operation
3006	of the modified or added facilities.
3007
3008	Descriptions as to locations, areas, capacities, numbers,
3009	volumes, or sizes may be stated as approximations or minimums.
3010	(7)  A description of the recreational and other facilities
3011	that will be used in common with other cooperatives, community
3012	associations, or planned developments which require the payment
3013	of the maintenance and expenses of such facilities, either
3014	directly or indirectly, by the unit owners. The description
3015	shall include, but not be limited to, the following:
3016	(a)  Each building and facility committed to be built.
3017	(b)  Facilities not committed to be built except under
3018	certain conditions, and a statement of those conditions or
3019	contingencies.
3020	(c)  As to each facility committed to be built, or which
3021	will be committed to be built upon the happening of one of the
3022	conditions in paragraph (b), a statement of whether it will be
3023	owned by the unit owners having the use thereof or by an
3024	association or other entity which will be controlled by them, or
3025	others, and the location in the exhibits of the lease or other
3026	document providing for use of those facilities.
3027	(d)  The year in which each facility will be available for
3028	use by the unit owners or, in the alternative, the maximum
3029	number of unit owners in the project at the time each of all of
3030	the facilities is committed to be completed.
3031	(e)  A general description of the items of personal
3032	property, and the approximate number of each item of personal
3033	property, that the developer is committing to furnish for each
3034	room or other facility or, in the alternative, a representation
3035	as to the minimum amount of expenditure that will be made to
3036	purchase the personal property for the facility.
3037	(f)  If there are leases, a description thereof, including
3038	the length of the term, the rent payable, and a description of
3039	any option to purchase.
3040
3041	Descriptions shall include location, areas, capacities, numbers,
3042	volumes, or sizes and may be stated as approximations or
3043	minimums.
3044	(8)  Recreation lease or associated club membership:
3045	(a)  If any recreational facilities or other common areas
3046	offered by the developer and available to, or to be used by,
3047	unit owners are to be leased or have club membership associated,
3048	the following statement in conspicuous type shall be included:
3049	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
3050	COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
3051	COOPERATIVE. There shall be a reference to the location in the
3052	disclosure materials where the recreation lease or club
3053	membership is described in detail.
3054	(b)  If it is mandatory that unit owners pay a fee, rent,
3055	dues, or other charges under a recreational facilities lease or
3056	club membership for the use of facilities, there shall be in
3057	conspicuous type the applicable statement:
3058	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
3059	MANDATORY FOR UNIT OWNERS; or
3060	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
3061	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3062	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
3063	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
3064	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
3065	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
3066	4.  A similar statement of the nature of the organization
3067	or manner in which the use rights are created, and that unit
3068	owners are required to pay.
3069
3070	Immediately following the applicable statement, the location in
3071	the disclosure materials where the development is described in
3072	detail shall be stated.
3073	(c)  If the developer, or any other person other than the
3074	unit owners and other persons having use rights in the
3075	facilities, reserves, or is entitled to receive, any rent, fee,
3076	or other payment for the use of the facilities, then there shall
3077	be the following statement in conspicuous type: THE UNIT OWNERS
3078	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
3079	RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
3080	statement, the location in the disclosure materials where the
3081	rent or land use fees are described in detail shall be stated.
3082	(d)  If, in any recreation format, whether leasehold, club,
3083	or other, any person other than the association has the right to
3084	a lien on the units to secure the payment of assessments, rent,
3085	or other exactions, there shall appear a statement in
3086	conspicuous type in substantially the following form:
3087	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3088	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
3089	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
3090	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
3091	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3092	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
3093	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
3094	OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
3095	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
3096
3097	Immediately following the applicable statement, the location in
3098	the disclosure materials where the lien or lien right is
3099	described in detail shall be stated.
3100	(9)  If the developer or any other person has the right to
3101	increase or add to the recreational facilities at any time after
3102	the establishment of the cooperative whose unit owners have use
3103	rights therein, without the consent of the unit owners or
3104	associations being required, there shall appear a statement in
3105	conspicuous type in substantially the following form:
3106	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
3107	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
3108	statement, the location in the disclosure materials where such
3109	reserved rights are described shall be stated.
3110	(10)  A statement of whether the developer's plan includes
3111	a program of leasing units rather than selling them, or leasing
3112	units and selling them subject to such leases. If so, there
3113	shall be a description of the plan, including the number and
3114	identification of the units and the provisions and term of the
3115	proposed leases, and a statement in boldfaced type that: THE
3116	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
3117	(11)  The arrangements for management of the association
3118	and maintenance and operation of the cooperative property and of
3119	other property that will serve the unit owners of the
3120	cooperative property, and a description of the management
3121	contract and all other contracts for these purposes having a
3122	term in excess of 1 year, including the following:
3123	(a)  The names of contracting parties.
3124	(b)  The term of the contract.
3125	(c)  The nature of the services included.
3126	(d)  The compensation, stated on a monthly and annual
3127	basis, and provisions for increases in the compensation.
3128	(e)  A reference to the volumes and pages of the
3129	cooperative documents and of the exhibits containing copies of
3130	such contracts.
3131
3132	Copies of all described contracts shall be attached as exhibits.
3133	If there is a contract for the management of the cooperative
3134	property, then a statement in conspicuous type in substantially
3135	the following form shall appear, identifying the proposed or
3136	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
3137	THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
3138	CONTRACT MANAGER). Immediately following this statement, the
3139	location in the disclosure materials of the contract for
3140	management of the cooperative property shall be stated.
3141	(12)  If the developer or any other person or persons other
3142	than the unit owners has the right to retain control of the
3143	board of administration of the association for a period of time
3144	which can exceed 1 year after the closing of the sale of a
3145	majority of the units in that cooperative to persons other than
3146	successors or alternate developers, then a statement in
3147	conspicuous type in substantially the following form shall be
3148	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
3149	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
3150	HAVE BEEN SOLD. Immediately following this statement, the
3151	location in the disclosure materials where this right to control
3152	is described in detail shall be stated.
3153	(13)  If there are any restrictions upon the sale,
3154	transfer, conveyance, or leasing of a unit, then a statement in
3155	conspicuous type in substantially the following form shall be
3156	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
3157	CONTROLLED. Immediately following this statement, the location
3158	in the disclosure materials where the restriction, limitation,
3159	or control on the sale, lease, or transfer of units is described
3160	in detail shall be stated.
3161	(14)  If the cooperative is part of a phase project, the
3162	following shall be stated:
3163	(a)  A statement in conspicuous type in substantially the
3164	following form shall be included: THIS IS A PHASE COOPERATIVE.
3165	ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
3166	Immediately following this statement, the location in the
3167	disclosure materials where the phasing is described shall be
3168	stated.
3169	(b)  A summary of the provisions of the declaration
3170	providing for the phasing.
3171	(c)  A statement as to whether or not residential buildings
3172	and units which are added to the cooperative may be
3173	substantially different from the residential buildings and units
3174	originally in the cooperative, and, if the added residential
3175	buildings and units may be substantially different, there shall
3176	be a general description of the extent to which such added
3177	residential buildings and units may differ, and a statement in
3178	conspicuous type in substantially the following form shall be
3179	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
3180	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
3181	UNITS IN THE COOPERATIVE. Immediately following this statement,
3182	the location in the disclosure materials where the extent to
3183	which added residential buildings and units may substantially
3184	differ is described shall be stated.
3185	(d)  A statement of the maximum number of buildings
3186	containing units, the maximum and minimum number of units in
3187	each building, the maximum number of units, and the minimum and
3188	maximum square footage of the units that may be contained within
3189	each parcel of land which may be added to the cooperative.
3190	(15)  If the cooperative is created by conversion of
3191	existing improvements, the following information shall be
3192	stated:
3193	(a)  The information required by s. 719.616.
3194	(b)  A caveat that there are no express warranties unless
3195	they are stated in writing by the developer.
3196	(16)  A summary of the restrictions, if any, to be imposed
3197	on units concerning the use of any of the cooperative property,
3198	including statements as to whether there are restrictions upon
3199	children and pets, and reference to the volumes and pages of the
3200	cooperative documents where such restrictions are found, or if
3201	such restrictions are contained elsewhere, then a copy of the
3202	documents containing the restrictions shall be attached as an
3203	exhibit.
3204	(17)  If there is any land that is offered by the developer
3205	for use by the unit owners and that is neither owned by them nor
3206	leased to them, the association, or any entity controlled by
3207	unit owners and other persons having the use rights to such
3208	land, a statement shall be made as to how such land will serve
3209	the cooperative. If any part of such land will serve the
3210	cooperative, the statement shall describe the land and the
3211	nature and term of service, and the cooperative documents or
3212	other instrument creating such servitude shall be included as an
3213	exhibit.
3214	(18)  The manner in which utility and other services,
3215	including, but not limited to, sewage and waste disposal, water
3216	supply, and storm drainage, will be provided and the person or
3217	entity furnishing them.
3218	(19)  An explanation of the manner in which the
3219	apportionment of common expenses and ownership of the common
3220	areas have been determined.
3221	(20)  An estimated operating budget for the cooperative and
3222	the association, and a schedule of the unit owner's expenses
3223	shall be attached as an exhibit and shall contain the following
3224	information:
3225	(a)  The estimated monthly and annual expenses of the
3226	cooperative and the association that are collected from unit
3227	owners by assessments.
3228	(b)  The estimated monthly and annual expenses of each unit
3229	owner for a unit, other than assessments payable to the
3230	association, payable by the unit owner to persons or entities
3231	other than the association, and the total estimated monthly and
3232	annual expense. There may be excluded from this estimate
3233	expenses that are personal to unit owners, which are not
3234	uniformly incurred by all unit owners, or which are not provided
3235	for or contemplated by the cooperative documents, including, but
3236	not limited to, the costs of private telephone; maintenance of
3237	the interior of cooperative units, which is not the obligation
3238	of the association; maid or janitorial services privately
3239	contracted for by the unit owners; utility bills billed directly
3240	to each unit owner for utility services to his or her unit;
3241	insurance premiums other than those incurred for policies
3242	obtained by the cooperative; and similar personal expenses of
3243	the unit owner. A unit owner's estimated payments for
3244	assessments shall also be stated in the estimated amounts for
3245	the times when they will be due.
3246	(c)  The estimated items of expenses of the cooperative and
3247	the association, except as excluded under paragraph (b),
3248	including, but not limited to, the following items, which shall
3249	be stated either as an association expense collectible by
3250	assessments or as unit owners' expenses payable to persons other
3251	than the association:
3252	1.  Expenses for the association and cooperative:
3253	a.  Administration of the association.
3254	b.  Management fees.
3255	c.  Maintenance.
3256	d.  Rent for recreational and other commonly used areas.
3257	e.  Taxes upon association property.
3258	f.  Taxes upon leased areas.
3259	g.  Insurance.
3260	h.  Security provisions.
3261	i.  Other expenses.
3262	j.  Operating capital.
3263	k.  Reserves.
3264	l.  Fee payable to the division.
3265	2.  Expenses for a unit owner:
3266	a.  Rent for the unit, if subject to a lease.
3267	b.  Rent payable by the unit owner directly to the lessor
3268	or agent under any recreational lease or lease for the use of
3269	commonly used areas, which use and payment are a mandatory
3270	condition of ownership and are not included in the common
3271	expense or assessments for common maintenance paid by the unit
3272	owners to the association.
3273	(d)  The following statement in conspicuous type: THE
3274	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3275	ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3276	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3277	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3278	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3279	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
3280	THE OFFERING.
3281	(e)  Each budget for an association prepared by a developer
3282	consistent with this subsection shall be prepared in good faith
3283	and shall reflect accurate estimated amounts for the required
3284	items in paragraph (c) at the time of the filing of the offering
3285	circular with the division, and subsequent increased amounts of
3286	any item included in the association's estimated budget that are
3287	beyond the control of the developer shall not be considered an
3288	amendment that would give rise to rescission rights set forth in
3289	s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3290	or otherwise affect any guarantee of the developer contained in
3291	the offering circular or any purchase contract. It is the intent
3292	of this paragraph to clarify existing law.
3293	(f)  The estimated amounts shall be stated for a period of
3294	at least 12 months and may distinguish between the period prior
3295	to the time unit owners other than the developer elect a
3296	majority of the board of administration and the period after
3297	that date.
3298	(21)  A schedule of estimated closing expenses to be paid
3299	by a buyer or lessee of a unit and a statement of whether title
3300	opinion or title insurance policy is available to the buyer and,
3301	if so, at whose expense.
3302	(22)  The identity of the developer and the chief operating
3303	officer or principal directing the creation and sale of the
3304	cooperative and a statement of its and his or her experience in
3305	this field.
3306	(23)  Copies of the following, to the extent they are
3307	applicable, shall be included as exhibits:
3308	(a)  The cooperative documents, or the proposed cooperative
3309	documents if the documents have not been recorded.
3310	(b)  The articles of incorporation creating the
3311	association.
3312	(c)  The bylaws of the association.
3313	(d)  The ground lease or other underlying lease of the
3314	cooperative.
3315	(e)  The management agreement and all maintenance and other
3316	contracts for management of the association and operation of the
3317	cooperative and facilities used by the unit owners having a
3318	service term in excess of 1 year.
3319	(f)  The estimated operating budget for the cooperative and
3320	the required schedule of unit owners' expenses.
3321	(g)  A copy of the floor plan of the unit and the plot plan
3322	showing the location of the residential buildings and the
3323	recreation and other common areas.
3324	(h)  The lease of recreational and other facilities that
3325	will be used only by unit owners of the subject cooperative.
3326	(i)  The lease of facilities used by owners and others.
3327	(j)  The form of unit lease, if the offer is of a
3328	leasehold.
3329	(k)  A declaration of servitude of properties serving the
3330	cooperative but not owned by unit owners or leased to them or
3331	the association.
3332	(l)  The statement of condition of the existing building or
3333	buildings, if the offering is of units in an operation being
3334	converted to cooperative ownership.
3335	(m)  The statement of inspection for termite damage and
3336	treatment of the existing improvements, if the cooperative is a
3337	conversion.
3338	(n)  The form of agreement for sale or lease of units.
3339	(o)  A copy of the agreement for escrow of payments made to
3340	the developer prior to closing.
3341	(p)  A copy of the documents containing any restrictions on
3342	use of the property required by subsection (16).
3343	(24)  Any prospectus or offering circular complying with
3344	the provisions of former ss. 711.69 and 711.802 may continue to
3345	be used without amendment, or may be amended to comply with the
3346	provisions of this chapter.
3347	(25)  A brief narrative description of the location and
3348	effect of all existing and intended easements located or to be
3349	located on the cooperative property other than those in the
3350	declaration.
3351	(26)  If the developer is required by state or local
3352	authorities to obtain acceptance or approval of any dock or
3353	marina facility intended to serve the cooperative, a copy of
3354	such acceptance or approval acquired by the time of filing with
3355	the division pursuant to s. 719.502 or a statement that such
3356	acceptance has not been acquired or received.
3357	(27)  Evidence demonstrating that the developer has an
3358	ownership, leasehold, or contractual interest in the land upon
3359	which the cooperative is to be developed.
3360	Section 57.  Section 719.508, Florida Statutes, is amended
3361	to read:
3362	719.508  Regulation by Division of Hotels and
3363	Restaurants.--In addition to the authority, regulation, or
3364	control exercised by the Division of Florida Land Sales,
3365	Condominiums, Timeshares, and Mobile Homes pursuant to this act
3366	with respect to cooperatives, buildings included in a
3367	cooperative property shall be subject to the authority,
3368	regulation, or control of the Division of Hotels and Restaurants
3369	of the Department of Business and Professional Regulation, to
3370	the extent provided for in chapters 399 and 509.
3371	Section 58.  Paragraph (a) of subsection (2) of section
3372	719.608, Florida Statutes, is amended to read:
3373	719.608  Notice of intended conversion; time of delivery;
3374	content.--
3375	(2)(a)  Each notice of intended conversion shall be dated
3376	and in writing. The notice shall contain the following
3377	statement, with the phrases of the following statement which
3378	appear in upper case printed in conspicuous type:
3379
3380	These apartments are being converted to cooperative by
3381	(name of developer)  , the developer.
3382	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3383	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3384	AGREEMENT AS FOLLOWS:
3385	a.  If you have continuously been a resident of these
3386	apartments during the last 180 days and your rental agreement
3387	expires during the next 270 days, you may extend your rental
3388	agreement for up to 270 days after the date of this notice.
3389	b.  If you have not been a continuous resident of these
3390	apartments for the last 180 days and your rental agreement
3391	expires during the next 180 days, you may extend your rental
3392	agreement for up to 180 days after the date of this notice.
3393	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3394	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3395	DATE OF THIS NOTICE.
3396	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3397	you may extend your rental agreement for up to 45 days after the
3398	date of this notice while you decide whether to extend your
3399	rental agreement as explained above. To do so, you must notify
3400	the developer in writing. You will then have the full 45 days to
3401	decide whether to extend your rental agreement as explained
3402	above.
3403	3.  During the extension of your rental agreement you will
3404	be charged the same rent that you are now paying.
3405	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3406	OF THE RENTAL AGREEMENT AS FOLLOWS:
3407	a.  If your rental agreement began or was extended or
3408	renewed after May 1, 1980, and your rental agreement, including
3409	extensions and renewals, has an unexpired term of 180 days or
3410	less, you may cancel your rental agreement upon 30 days' written
3411	notice and move. Also, upon 30 days' written notice, you may
3412	cancel any extension of the rental agreement.
3413	b.  If your rental agreement was not begun or was not
3414	extended or renewed after May 1, 1980, you may not cancel the
3415	rental agreement without the consent of the developer. If your
3416	rental agreement, including extensions and renewals, has an
3417	unexpired term of 180 days or less, you may, however, upon 30
3418	days' written notice cancel any extension of the rental
3419	agreement.
3420	5.  All notices must be given in writing and sent by mail,
3421	return receipt requested, or delivered in person to the
3422	developer at this address:   (name and address of developer)  .
3423	6.  If you have continuously been a resident of these
3424	apartments during the last 180 days:
3425	a.  You have the right to purchase your apartment and will
3426	have 45 days to decide whether to purchase. If you do not buy
3427	the unit at that price and the unit is later offered at a lower
3428	price, you will have the opportunity to buy the unit at the
3429	lower price. However, in all events your right to purchase the
3430	unit ends when the rental agreement or any extension of the
3431	rental agreement ends or when you waive this right in writing.
3432	b.  Within 90 days you will be provided purchase
3433	information relating to your apartment, including the price of
3434	your unit and the condition of the building. If you do not
3435	receive this information within 90 days, your rental agreement
3436	and any extension will be extended 1 day for each day over 90
3437	days until you are given the purchase information. If you do not
3438	want this rental agreement extension, you must notify the
3439	developer in writing.
3440	7.  If you have any questions regarding this conversion or
3441	the Cooperative Act, you may contact the developer or the state
3442	agency which regulates cooperatives: The Division of Florida
3443	Land Sales, Condominiums, Timeshares, and Mobile Homes,
3444	(Tallahassee address and telephone number of division)  .
3445	Section 59.  Subsection (7) of section 720.301, Florida
3446	Statutes, is amended to read:
3447	720.301  Definitions.--As used in this chapter, the term:
3448	(7)  "Division" means the Division of Florida Land Sales,
3449	Condominiums, Timeshares, and Mobile Homes in the Department of
3450	Business and Professional Regulation.
3451	Section 60.  Subsection (2) of section 720.401, Florida
3452	Statutes, is amended to read:
3453	720.401  Prospective purchasers subject to association
3454	membership requirement; disclosure required; covenants;
3455	assessments; contract cancellation.--
3456	(2)  This section does not apply to any association
3457	regulated under chapter 718, chapter 719, chapter 721, or
3458	chapter 723 or to a subdivider registered under chapter 498; and
3459	also does not apply if disclosure regarding the association is
3460	otherwise made in connection with the requirements of chapter
3461	718, chapter 719, chapter 721, or chapter 723.
3462	Section 61.  Paragraph (c) of subsection (1) of section
3463	721.03, Florida Statutes, is amended to read:
3464	721.03  Scope of chapter.--
3465	(1)  This chapter applies to all timeshare plans consisting
3466	of more than seven timeshare periods over a period of at least 3
3467	years in which the accommodations and facilities, if any, are
3468	located within this state or offered within this state; provided
3469	that:
3470	(c)  All timeshare accommodations or facilities which are
3471	located outside the state but offered for sale in this state
3472	shall be governed by the following:
3473	1.  The offering for sale in this state of timeshare
3474	accommodations and facilities located outside the state is
3475	subject only to the provisions of ss. 721.01-721.12, 721.18,
3476	721.20, 721.21, 721.26, 721.28, and part II.
3477	2.  The division shall not require a developer of timeshare
3478	accommodations or facilities located outside of this state to
3479	make changes in any timeshare instrument to conform to the
3480	provisions of s. 721.07 or s. 721.55. The division shall have
3481	the power to require disclosure of those provisions of the
3482	timeshare instrument that do not conform to s. 721.07 or s.
3483	721.55 as the director determines is necessary to fairly,
3484	meaningfully, and effectively disclose all aspects of the
3485	timeshare plan.
3486	3.  Except as provided in this subparagraph, the division
3487	shall have no authority to determine whether any person has
3488	complied with another state's laws or to disapprove any filing
3489	out-of-state, timeshare instrument, or component site document,
3490	based solely upon the lack or degree of timeshare regulation in
3491	another state. The division may require a developer to obtain
3492	and provide to the division existing documentation relating to
3493	an out-of-state filing, timeshare instrument, or component site
3494	document and prove compliance of same with the laws of that
3495	state. In this regard, the division may accept any evidence of
3496	the approval or acceptance of any out-of-state filing, timeshare
3497	instrument, or component site document by another state in lieu
3498	of requiring a developer to file the out-of-state filing,
3499	timeshare instrument, or component site document with the
3500	division pursuant to this section, or the division may accept an
3501	opinion letter from an attorney or law firm opining as to the
3502	compliance of such out-of-state filing, timeshare instrument, or
3503	component site document with the laws of another state. The
3504	division may refuse to approve the inclusion of any out-of-state
3505	filing, timeshare instrument, or component site document as part
3506	of a public offering statement based upon the inability of the
3507	developer to establish the compliance of same with the laws of
3508	another state.
3509	4.  The division is authorized to enter into an agreement
3510	with another state for the purpose of facilitating the
3511	processing of out-of-state timeshare instruments or other
3512	component site documents pursuant to this chapter and for the
3513	purpose of facilitating the referral of consumer complaints to
3514	the appropriate state.
3515	5.  Notwithstanding any other provision of this paragraph,
3516	the offer, in this state, of an additional interest to existing
3517	purchasers in the same timeshare plan, the same nonspecific
3518	multisite timeshare plan, or the same component site of a
3519	multisite timeshare plan with accommodations and facilities
3520	located outside of this state shall not be subject to the
3521	provisions of this chapter if the offer complies with the
3522	provisions of s. 721.11(4).
3523	Section 62.  Subsection (11) of section 721.05, Florida
3524	Statutes, is amended to read:
3525	721.05  Definitions.--As used in this chapter, the term:
3526	(11)  "Division" means the Division of Florida Land Sales,
3527	Condominiums, Timeshares, and Mobile Homes of the Department of
3528	Business and Professional Regulation.
3529	Section 63.  Paragraph (d) of subsection (2) of section
3530	721.07, Florida Statutes, is amended to read:
3531	721.07  Public offering statement.--Prior to offering any
3532	timeshare plan, the developer must submit a filed public
3533	offering statement to the division for approval as prescribed by
3534	s. 721.03, s. 721.55, or this section. Until the division
3535	approves such filing, any contract regarding the sale of that
3536	timeshare plan is subject to cancellation by the purchaser
3537	pursuant to s. 721.10.
3538	(2)
3539	(d)  A developer shall have the authority to deliver to
3540	purchasers any purchaser public offering statement that is not
3541	yet approved by the division, provided that the following shall
3542	apply:
3543	1.  At the time the developer delivers an unapproved
3544	purchaser public offering statement to a purchaser pursuant to
3545	this paragraph, the developer shall deliver a fully completed
3546	and executed copy of the purchase contract required by s. 721.06
3547	that contains the following statement in conspicuous type in
3548	substantially the following form which shall replace the
3549	statements required by s. 721.06(1)(g):
3550
3551	The developer is delivering to you a public offering statement
3552	that has been filed with but not yet approved by the Division of
3553	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3554	Any revisions to the unapproved public offering statement you
3555	have received must be delivered to you, but only if the
3556	revisions materially alter or modify the offering in a manner
3557	adverse to you. After the division approves the public offering
3558	statement, you will receive notice of the approval from the
3559	developer and the required revisions, if any.
3560
3561	Your statutory right to cancel this transaction without any
3562	penalty or obligation expires 10 calendar days after the date
3563	you signed your purchase contract or the date on which you
3564	receive the last of all documents required to be given to you
3565	pursuant to section 721.07(6), Florida Statutes, or 10 calendar
3566	days after you receive revisions required to be delivered to
3567	you, if any, whichever is later. If you decide to cancel this
3568	contract, you must notify the seller in writing of your intent
3569	to cancel. Your notice of cancellation shall be effective upon
3570	the date sent and shall be sent to   (Name of Seller)   at
3571	(Address of Seller)  . Any attempt to obtain a waiver of your
3572	cancellation right is void and of no effect. While you may
3573	execute all closing documents in advance, the closing, as
3574	evidenced by delivery of the deed or other document, before
3575	expiration of your 10-day cancellation period, is prohibited.
3576
3577	2.  After receipt of approval from the division and prior
3578	to closing, if any revisions made to the documents contained in
3579	the purchaser public offering statement materially alter or
3580	modify the offering in a manner adverse to a purchaser, the
3581	developer shall send the purchaser such revisions together with
3582	a notice containing a statement in conspicuous type in
3583	substantially the following form:
3584
3585	The unapproved public offering statement previously delivered to
3586	you, together with the enclosed revisions, has been approved by
3587	the Division of Florida Land Sales, Condominiums, Timeshares,
3588	and Mobile Homes. Accordingly, your cancellation right expires
3589	10 calendar days after you sign your purchase contract or 10
3590	calendar days after you receive these revisions, whichever is
3591	later. If you have any questions regarding your cancellation
3592	rights, you may contact the division at [insert division's
3593	current address].
3594
3595	3.  After receipt of approval from the division and prior
3596	to closing, if no revisions have been made to the documents
3597	contained in the unapproved purchaser public offering statement,
3598	or if such revisions do not materially alter or modify the
3599	offering in a manner adverse to a purchaser, the developer shall
3600	send the purchaser a notice containing a statement in
3601	conspicuous type in substantially the following form:
3602
3603	The unapproved public offering statement previously delivered to
3604	you has been approved by the Division of Florida Land Sales,
3605	Condominiums, Timeshares, and Mobile Homes. Revisions made to
3606	the unapproved public offering statement, if any, are either not
3607	required to be delivered to you or are not deemed by the
3608	developer, in its opinion, to materially alter or modify the
3609	offering in a manner that is adverse to you. Accordingly, your
3610	cancellation right expired 10 days after you signed your
3611	purchase contract. A complete copy of the approved public
3612	offering statement is available through the managing entity for
3613	inspection as part of the books and records of the plan. If you
3614	have any questions regarding your cancellation rights, you may
3615	contact the division at [insert division's current address].
3616	Section 64.  Subsection (8) of section 721.08, Florida
3617	Statutes, is amended to read:
3618	721.08  Escrow accounts; nondisturbance instruments;
3619	alternate security arrangements; transfer of legal title.--
3620	(8)  An escrow agent holding escrowed funds pursuant to
3621	this chapter that have not been claimed for a period of 5 years
3622	after the date of deposit shall make at least one reasonable
3623	attempt to deliver such unclaimed funds to the purchaser who
3624	submitted such funds to escrow. In making such attempt, an
3625	escrow agent is entitled to rely on a purchaser's last known
3626	address as set forth in the books and records of the escrow
3627	agent and is not required to conduct any further search for the
3628	purchaser. If an escrow agent's attempt to deliver unclaimed
3629	funds to any purchaser is unsuccessful, the escrow agent may
3630	deliver such unclaimed funds to the division and the division
3631	shall deposit such unclaimed funds in the Division of Florida
3632	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3633	Fund, 30 days after giving notice in a publication of general
3634	circulation in the county in which the timeshare property
3635	containing the purchaser's timeshare interest is located. The
3636	purchaser may claim the same at any time prior to the delivery
3637	of such funds to the division. After delivery of such funds to
3638	the division, the purchaser shall have no more rights to the
3639	unclaimed funds. The escrow agent shall not be liable for any
3640	claims from any party arising out of the escrow agent's delivery
3641	of the unclaimed funds to the division pursuant to this section.
3642	Section 65.  Section 721.26, Florida Statutes, is amended
3643	to read:
3644	721.26  Regulation by division.--The division has the power
3645	to enforce and ensure compliance with the provisions of this
3646	chapter, except for parts III and IV, using the powers provided
3647	in this chapter, as well as the powers prescribed in chapters
3648	498, 718, and 719. In performing its duties, the division shall
3649	have the following powers and duties:
3650	(1)  To aid in the enforcement of this chapter, or any
3651	division rule adopted or order promulgated or issued pursuant to
3652	this chapter, the division may make necessary public or private
3653	investigations within or outside this state to determine whether
3654	any person has violated or is about to violate this chapter, or
3655	any division rule adopted or order promulgated or issued
3656	pursuant to this chapter.
3657	(2)  The division may require or permit any person to file
3658	a written statement under oath or otherwise, as the division
3659	determines, as to the facts and circumstances concerning a
3660	matter under investigation.
3661	(3)  For the purpose of any investigation under this
3662	chapter, the director of the division or any officer or employee
3663	designated by the director may administer oaths or affirmations,
3664	subpoena witnesses and compel their attendance, take evidence,
3665	and require the production of any matter which is relevant to
3666	the investigation, including the identity, existence,
3667	description, nature, custody, condition, and location of any
3668	books, documents, or other tangible things and the identity and
3669	location of persons having knowledge of relevant facts or any
3670	other matter reasonably calculated to lead to the discovery of
3671	material evidence. Failure to obey a subpoena or to answer
3672	questions propounded by the investigating officer and upon
3673	reasonable notice to all persons affected thereby shall be a
3674	violation of this chapter. In addition to the other enforcement
3675	powers authorized in this subsection, the division may, at its
3676	discretion, apply to the circuit court for an order compelling
3677	compliance.
3678	(4)  The division may prepare and disseminate a prospectus
3679	and other information to assist prospective purchasers, sellers,
3680	and managing entities of timeshare plans in assessing the
3681	rights, privileges, and duties pertaining thereto.
3682	(5)  Notwithstanding any remedies available to purchasers,
3683	if the division has reasonable cause to believe that a violation
3684	of this chapter, or of any division rule adopted or order
3685	promulgated or issued pursuant to this chapter, has occurred,
3686	the division may institute enforcement proceedings in its own
3687	name against any regulated party, as such term is defined in
3688	this subsection:
3689	(a)1.  "Regulated party," for purposes of this section,
3690	means any developer, exchange company, seller, managing entity,
3691	owners' association, owners' association director, owners'
3692	association officer, manager, management firm, escrow agent,
3693	trustee, any respective assignees or agents, or any other person
3694	having duties or obligations pursuant to this chapter.
3695	2.  Any person who materially participates in any offer or
3696	disposition of any interest in, or the management or operation
3697	of, a timeshare plan in violation of this chapter or relevant
3698	rules involving fraud, deception, false pretenses,
3699	misrepresentation, or false advertising or the disbursement,
3700	concealment, or diversion of any funds or assets, which conduct
3701	adversely affects the interests of a purchaser, and which person
3702	directly or indirectly controls a regulated party or is a
3703	general partner, officer, director, agent, or employee of such
3704	regulated party, shall be jointly and severally liable under
3705	this subsection with such regulated party, unless such person
3706	did not know, and in the exercise of reasonable care could not
3707	have known, of the existence of the facts giving rise to the
3708	violation of this chapter. A right of contribution shall exist
3709	among jointly and severally liable persons pursuant to this
3710	paragraph.
3711	(b)  The division may permit any person whose conduct or
3712	actions may be under investigation to waive formal proceedings
3713	and enter into a consent proceeding whereby an order, rule, or
3714	letter of censure or warning, whether formal or informal, may be
3715	entered against that person.
3716	(c)  The division may issue an order requiring a regulated
3717	party to cease and desist from an unlawful practice under this
3718	chapter and take such affirmative action as in the judgment of
3719	the division will carry out the purposes of this chapter.
3720	(d)1.  The division may bring an action in circuit court
3721	for declaratory or injunctive relief or for other appropriate
3722	relief, including restitution.
3723	2.  The division shall have broad authority and discretion
3724	to petition the circuit court to appoint a receiver with respect
3725	to any managing entity which fails to perform its duties and
3726	obligations under this chapter with respect to the operation of
3727	a timeshare plan. The circumstances giving rise to an
3728	appropriate petition for receivership under this subparagraph
3729	include, but are not limited to:
3730	a.  Damage to or destruction of any of the accommodations
3731	or facilities of a timeshare plan, where the managing entity has
3732	failed to repair or reconstruct same.
3733	b.  A breach of fiduciary duty by the managing entity,
3734	including, but not limited to, undisclosed self-dealing or
3735	failure to timely assess, collect, or disburse the common
3736	expenses of the timeshare plan.
3737	c.  Failure of the managing entity to operate the timeshare
3738	plan in accordance with the timeshare instrument and this
3739	chapter.
3740
3741	If, under the circumstances, it appears that the events giving
3742	rise to the petition for receivership cannot be reasonably and
3743	timely corrected in a cost-effective manner consistent with the
3744	timeshare instrument, the receiver may petition the circuit
3745	court to implement such amendments or revisions to the timeshare
3746	instrument as may be necessary to enable the managing entity to
3747	resume effective operation of the timeshare plan, or to enter an
3748	order terminating the timeshare plan, or to enter such further
3749	orders regarding the disposition of the timeshare property as
3750	the court deems appropriate, including the disposition and sale
3751	of the timeshare property held by the owners' association or the
3752	purchasers. In the event of a receiver's sale, all rights,
3753	title, and interest held by the owners' association or any
3754	purchaser shall be extinguished and title shall vest in the
3755	buyer. This provision applies to timeshare estates, personal
3756	property timeshare interests, and timeshare licenses. All
3757	reasonable costs and fees of the receiver relating to the
3758	receivership shall become common expenses of the timeshare plan
3759	upon order of the court.
3760	3.  The division may revoke its approval of any filing for
3761	any timeshare plan for which a petition for receivership has
3762	been filed pursuant to this paragraph.
3763	(e)1.  The division may impose a penalty against any
3764	regulated party for a violation of this chapter or any rule
3765	adopted thereunder. A penalty may be imposed on the basis of
3766	each day of continuing violation, but in no event may the
3767	penalty for any offense exceed $10,000. All accounts collected
3768	shall be deposited with the Chief Financial Officer to the
3769	credit of the Division of Florida Land Sales, Condominiums,
3770	Timeshares, and Mobile Homes Trust Fund.
3771	2.a.  If a regulated party fails to pay a penalty, the
3772	division shall thereupon issue an order directing that such
3773	regulated party cease and desist from further operation until
3774	such time as the penalty is paid; or the division may pursue
3775	enforcement of the penalty in a court of competent jurisdiction.
3776	b.  If an owners' association or managing entity fails to
3777	pay a civil penalty, the division may pursue enforcement in a
3778	court of competent jurisdiction.
3779	(f)  In order to permit the regulated party an opportunity
3780	either to appeal such decision administratively or to seek
3781	relief in a court of competent jurisdiction, the order imposing
3782	the penalty or the cease and desist order shall not become
3783	effective until 20 days after the date of such order.
3784	(g)  Any action commenced by the division shall be brought
3785	in the county in which the division has its executive offices or
3786	in the county where the violation occurred.
3787	(h)  Notice to any regulated party shall be complete when
3788	delivered by United States mail, return receipt requested, to
3789	the party's address currently on file with the division or to
3790	such other address at which the division is able to locate the
3791	party. Every regulated party has an affirmative duty to notify
3792	the division of any change of address at least 5 business days
3793	prior to such change.
3794	(6)  The division has authority to adopt rules pursuant to
3795	ss. 120.536(1) and 120.54 to implement and enforce the
3796	provisions of this chapter.
3797	(7)(a)  The use of any unfair or deceptive act or practice
3798	by any person in connection with the sales or other operations
3799	of an exchange program or timeshare plan is a violation of this
3800	chapter.
3801	(b)  Any violation of the Florida Deceptive and Unfair
3802	Trade Practices Act, ss. 501.201 et seq., relating to the
3803	creation, promotion, sale, operation, or management of any
3804	timeshare plan shall also be a violation of this chapter.
3805	(c)  The division may is authorized to institute
3806	proceedings against any such person and take any appropriate
3807	action authorized in this section in connection therewith,
3808	notwithstanding any remedies available to purchasers.
3809	(8)  The failure of any person to comply with any order of
3810	the division is a violation of this chapter.
3811	Section 66.  Section 721.28, Florida Statutes, is amended
3812	to read:
3813	721.28  Division of Florida Land Sales, Condominiums,
3814	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
3815	the division and any amounts paid as fees or penalties under
3816	this chapter shall be deposited in the State Treasury to the
3817	credit of the Division of Florida Land Sales, Condominiums,
3818	Timeshares, and Mobile Homes Trust Fund created by s. 718.509
3819	498.019.
3820	Section 67.  Paragraph (c) of subsection (1) of section
3821	721.301, Florida Statutes, is amended to read:
3822	721.301  Florida Timesharing, Vacation Club, and
3823	Hospitality Program.--
3824	(1)
3825	(c)  The director may designate funds from the Division of
3826	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
3827	Trust Fund, not to exceed $50,000 annually, to support the
3828	projects and proposals undertaken pursuant to paragraph (b). All
3829	state trust funds to be expended pursuant to this section must
3830	be matched equally with private moneys and shall comprise no
3831	more than half of the total moneys expended annually.
3832	Section 68.  Section 721.50, Florida Statutes, is amended
3833	to read:
3834	721.50  Short title.--This part may be cited as the
3835	"McAllister Act" in recognition and appreciation for the years
3836	of extraordinary and insightful contributions by Mr. Bryan C.
3837	McAllister, Examinations Supervisor of the former, Division of
3838	Florida Land Sales, Condominiums, and Mobile Homes.
3839	Section 69.  Subsection (1) of section 723.003, Florida
3840	Statutes, is amended to read:
3841	723.003  Definitions.--As used in this chapter, the
3842	following words and terms have the following meanings unless
3843	clearly indicated otherwise:
3844	(1)  The term "division" means the Division of Florida Land
3845	Sales, Condominiums, Timeshares, and Mobile Homes of the
3846	Department of Business and Professional Regulation.
3847	Section 70.  Paragraph (e) of subsection (5) of section
3848	723.006, Florida Statutes, is amended to read:
3849	723.006  Powers and duties of division.--In performing its
3850	duties, the division has the following powers and duties:
3851	(5)  Notwithstanding any remedies available to mobile home
3852	owners, mobile home park owners, and homeowners' associations,
3853	if the division has reasonable cause to believe that a violation
3854	of any provision of this chapter or related any rule promulgated
3855	pursuant hereto has occurred, the division may institute
3856	enforcement proceedings in its own name against a developer,
3857	mobile home park owner, or homeowners' association, or its
3858	assignee or agent, as follows:
3859	(e)1.  The division may impose a civil penalty against a
3860	mobile home park owner or homeowners' association, or its
3861	assignee or agent, for any violation of this chapter, a properly
3862	adopted promulgated park rule or regulation, or a rule adopted
3863	or regulation promulgated pursuant hereto. A penalty may be
3864	imposed on the basis of each separate violation and, if the
3865	violation is a continuing one, for each day of continuing
3866	violation, but in no event may the penalty for each separate
3867	violation or for each day of continuing violation exceed $5,000.
3868	All amounts collected shall be deposited with the Chief
3869	Financial Officer to the credit of the Division of Florida Land
3870	Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund.
3871	2.  If a violator fails to pay the civil penalty, the
3872	division shall thereupon issue an order directing that such
3873	violator cease and desist from further violation until such time
3874	as the civil penalty is paid or may pursue enforcement of the
3875	penalty in a court of competent jurisdiction. If a homeowners'
3876	association fails to pay the civil penalty, the division shall
3877	thereupon pursue enforcement in a court of competent
3878	jurisdiction, and the order imposing the civil penalty or the
3879	cease and desist order shall not become effective until 20 days
3880	after the date of such order. Any action commenced by the
3881	division shall be brought in the county in which the division
3882	has its executive offices or in which the violation occurred.
3883	Section 71.  Section 723.009, Florida Statutes, is amended
3884	to read:
3885	723.009  Division of Florida Land Sales, Condominiums,
3886	Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
3887	fees, penalties, and fines imposed pursuant to this chapter
3888	shall be deposited into the Division of Florida Land Sales,
3889	Condominiums, Timeshares, and Mobile Homes Trust Fund created by
3890	s. 718.509 498.019. Moneys in this fund, as appropriated by the
3891	Legislature pursuant to chapter 216, may be used to defray the
3892	expenses incurred by the division in administering the
3893	provisions of this chapter.
3894	Section 72.  Paragraph (c) of subsection (2) of section
3895	723.0611, Florida Statutes, is amended to read:
3896	723.0611  Florida Mobile Home Relocation Corporation.--
3897	(2)
3898	(c)  The corporation shall, for purposes of s. 768.28, be
3899	considered an agency of the state. Agents or employees of the
3900	corporation, members of the board of directors of the
3901	corporation, or representatives of the Division of Florida Land
3902	Sales, Condominiums, Timeshares, and Mobile Homes shall be
3903	considered officers, employees, or agents of the state, and
3904	actions against them and the corporation shall be governed by s.
3905	768.28.
3906	Section 73.  Except as otherwise expressly provided in this
3907	act, this act shall take effect July 1, 2008.
3908
3909
3910	-----------------------------------------------------
3911	T I T L E  A M E N D M E N T
3912	Remove the entire title and insert:
3913	A bill to be entitled
3914	An act relating to the Department of Business and Professional
3915	Regulation; amending s. 718.111, F.S.; requiring that hazard
3916	insurance be based upon the replacement cost of the property to
3917	be insured as determined by an independent insurance appraisal
3918	or update of a prior appraisal; requiring that the full
3919	insurable value be determined at specified intervals; providing
3920	a means by which an association may provide adequate hazard
3921	insurance; authorizing an association to consider certain
3922	information when determining coverage amounts; providing for
3923	coverage by developer-controlled associations; providing that
3924	policies may include deductibles as determined by the
3925	association's board of directors; providing requirements and
3926	guidelines for the establishment of such deductibles; requiring
3927	that the amounts of deductibles be set at a meeting of the
3928	board; providing requirements for such meeting; requiring that
3929	an association controlled by unit owners operating as a
3930	residential condominium use its best efforts to obtain and
3931	maintain adequate insurance to protect the association and
3932	property under its supervision or control; providing that a
3933	declaration of condominium may provide that condominium property
3934	consisting of freestanding buildings comprised of no more than
3935	one building in or on such unit need not be insured by the
3936	association if the declaration requires the unit owner to obtain
3937	adequate insurance for the condominium property; authorizing an
3938	association to obtain and maintain liability insurance for
3939	directors and officers, insurance for the benefit of association
3940	employees, and flood insurance for common elements, association
3941	property, and units; requiring that every hazard insurance
3942	policy issued or renewed on or after a specified date for the
3943	purpose of protecting the condominium provide certain coverage;
3944	requiring that such policies contain certain provisions;
3945	providing that such policies issued to individual unit owners do
3946	not provide rights of subrogation against the condominium
3947	association; providing for the insurance of improvements or
3948	additions benefiting fewer than all unit owners; requiring that
3949	an association require each owner to provide evidence of a
3950	current policy of hazard and liability insurance upon request;
3951	limiting the frequency with which an association may make such a
3952	request; authorizing an association to purchase coverage on
3953	behalf of an owner under certain circumstances; providing for
3954	the collection of the costs of such a policy; providing
3955	responsibilities of the unit owner and association with regard
3956	to reconstruction work and associated costs after a casualty
3957	loss; authorizing a multicondominium association to operate such
3958	condominiums as a single condominium for certain purposes by
3959	majority vote of the members of all applicable condominiums;
3960	providing that such election constitutes an amendment to the
3961	declaration of all applicable condominiums; requiring that an
3962	association maintain insurance or fidelity bonding for all
3963	persons who control or disburse association funds; requiring
3964	that such insurance policy or fidelity bond cover the maximum
3965	funds in the custody of the association or its management agent
3966	at any one time; defining the term "persons who control or
3967	disburse funds of the association"; authorizing an association
3968	to amend the declaration of condominium without regard to any
3969	requirement for approval by mortgagees of amendments affecting
3970	insurance requirements for the purpose of conforming the
3971	declaration of condominium to certain coverage requirements;
3972	providing that any portion of the condominium property required
3973	to be insured by the association against casualty loss which is
3974	damaged be reconstructed, repaired, or replaced as necessary by
3975	the association as a common expense; providing that all hazard
3976	insurance deductibles, uninsured losses, and other damages in
3977	excess of hazard insurance coverage under the hazard insurance
3978	policies maintained by the association are a common expense of
3979	the condominium; providing exceptions; allocating responsibility
3980	for certain costs of repair or reconstruction; authorizing an
3981	association to opt out of certain requirements related to such
3982	allocation of responsibility by majority vote; providing a
3983	procedure by which a multicondominium association that has not
3984	consolidated its financial operations may opt out of such
3985	allocation of responsibility; requiring that a decision to opt
3986	out be recorded; providing that such decision takes effect on
3987	the date on which it is recorded; authorizing the reversal of
3988	such decision; providing a procedure for reversal; providing
3989	that an association is not obligated to pay for any
3990	reconstruction or repair expenses for improvements made by an
3991	owner or the development if an improvement benefits only the
3992	unit for which it was installed; amending s. 718.115, F.S.;
3993	requiring that certain expenses be designated as common
3994	expenses; amending s. 718.116, F.S.; authorizing the designee of
3995	a unit owner or mortgagee to request a certificate of
3996	assessment; requiring that the fee for preparation of such
3997	certificate be stated on the certificate; providing for the
3998	establishment of such fees; providing for payment of the fee;
3999	requiring that the fee be refunded if a planned sale or mortgage
4000	does not occur; providing that any such refund is the obligation
4001	of the unit owner and is collectable in the same manner as an
4002	assessment; amending s. 718.117, F.S.; prohibiting the
4003	distribution of proceeds from the sale of a condominium unit to
4004	a lienholder from exceeding a unit owner's share of the
4005	proceeds; creating s. 720.30851, F.S.; requiring that the
4006	association provide a certificate signed by an officer or agent
4007	of the association stating all assessments and other moneys owed
4008	to the association by the parcel owner or mortgagee with respect
4009	to the parcel within a specified period after the association's
4010	receipt of a request for an estoppel certificate by an owner or
4011	mortgagee; providing that any person other than a parcel owner
4012	who relies upon a certificate receives the benefits and
4013	protection thereof; providing that a summary proceeding may be
4014	brought to compel the association to comply with the requirement
4015	to provide a certificate; providing that the prevailing party is
4016	entitled to recover reasonable attorney's fees; requiring that
4017	the fee for preparation of such certificate be stated on the
4018	certificate; providing for the establishment of such fees;
4019	providing for payment of the fee; requiring that the fee be
4020	refunded if a planned sale or mortgage does not occur; providing
4021	that any such refund is the obligation of the unit owner and is
4022	collectable in the same manner as an assessment; amending s.
4023	20.165, F.S.; changing the name of the Division of Florida Land
4024	Sales, Condominiums, and Mobile Homes to the Division of Florida
4025	Condominiums, Timeshares, and Mobile Homes and the Division of
4026	Technology, Licensure, and Testing to the Division of
4027	Technology; amending s. 215.20, F.S.; conforming the name of the
4028	division's trust fund to correspond to the name change of the
4029	division; amending s. 450.33, F.S.; removing the requirement for
4030	a farm labor contractor to file a set of fingerprints with the
4031	department; amending s. 455.203, F.S.; authorizing the
4032	department to close and terminate deficient license applications
4033	and to approve professional license applications meeting certain
4034	criteria; amending s. 455.217, F.S.; conforming terminology to
4035	changes made by the act; amending s. 455.2273, F.S.; authorizing
4036	the section to apply to disciplinary guidelines adopted by all
4037	boards and divisions; amending s. 468.841, F.S.; clarifying
4038	exemption provisions for license provisions governing mold-
4039	related services; amending s. 475.17, F.S.; revising
4040	requirements for licensure as a real estate broker; amending s.
4041	475.451, F.S.; deleting requirements relating to the submission
4042	of certain real estate course rosters to the department;
4043	amending s. 489.105, F.S.; clarifying that individuals and
4044	business entities that sell manufactured and factory-built
4045	buildings can legally enter into contracts for those sales;
4046	amending s. 489.511, F.S.; revising requirements for taking the
4047	electrical or alarm system contractor certification examination;
4048	providing requirements for certification; amending s. 489.515,
4049	F.S.; revising requirements for certification as a certified
4050	contractor by the Electrical Contractors' Licensing Board to
4051	reflect changes made to s. 489.511, F.S., by this act;
4052	renumbering s. 498.009, F.S., relating to the location of the
4053	division's offices; amending and renumbering s. 498.011, F.S.,
4054	relating to payment of per diem, mileage, and other expenses for
4055	division employees; providing for reimbursement of expenses for
4056	on-site review; deleting the expense reimbursement for
4057	inspection of subdivided lands; renumbering s. 498.013, F.S.,
4058	relating to the authentication of records; amending and
4059	renumbering s. 498.057, F.S., relating to service of process;
4060	deleting provision that service may be made by delivering a copy
4061	of the process to the division director; providing that the
4062	division can be the petitioner or the plaintiff; repealing ss.
4063	498.001, 498.003, 498.005, 498.007, 498.017, 498.021, 498.022,
4064	498.023, 498.024, 498.025, 498.027, 498.028, 498.029, 498.031,
4065	498.033, 498.035, 498.037, 498.039, 498.041, 498.047, 498.049,
4066	498.051, 498.053, 498.059, 498.061, and 498.063, F.S., relating
4067	to regulation of land sales practices; amending s. 548.0065,
4068	F.S.; including amateur mixed martial arts in a provision
4069	relating to the authority of the Florida State Boxing Commission
4070	to suspend amateur matches for violation of certain health and
4071	safety standards; amending s. 548.008, F.S.; removing
4072	prohibition against holding amateur mixed martial arts matches
4073	in this state; amending s. 548.041, F.S.; providing additional
4074	licensure requirements for boxing participants; amending s.
4075	718.501, F.S.; providing additional powers and duties of the
4076	division; providing for additional enforcement proceedings for
4077	carrying out the purposes of ch. 718, F.S.; deleting the payment
4078	of money by a developer to a condominium association as a
4079	permissible affirmative action; providing for actions of
4080	conservator or receiver; providing for application to circuit
4081	court for an order of restitution; providing for imposition of
4082	civil penalties and award of court costs, attorney's fees, and
4083	costs of investigation under certain circumstances; providing
4084	for contracting for investigative services; providing for
4085	acceptance of grants-in-aid; requiring the cooperation with
4086	similar agencies on establishment of certain procedures,
4087	standards, and forms; providing what constitutes completeness of
4088	notice; authorizing the division to issue a notice to show
4089	cause; providing conforming changes; amending s. 718.509, F.S.,
4090	and transferring, renumbering, and amending s. 498.019, F.S.;
4091	consolidating and revising provisions relating to the creation,
4092	purposes, and sources of funds of the Division of Florida
4093	Condominiums, Timeshares, and Mobile Homes Trust Fund; revising
4094	provisions to conform to the change in division name; providing
4095	for the deposit of moneys resulting from an administrative final
4096	order; amending s. 721.03, F.S.; clarifying that timeshare plan
4097	includes a nonspecific multisite timeshare plan; amending ss.
4098	73.073, 190.009, 192.037, 213.053, 326.002, 326.006, 380.05,
4099	380.06, 380.0651, 381.0065, 455.116, 475.455, 494.008, 509.512,
4100	517.301, 559.935, 718.103, 718.105, 718.1255, 718.5011, 718.502,
4101	718.504, 718.508, 718.608, 719.103, 719.1255, 719.501, 719.502,
4102	719.504, 719.508, 719.608, 720.301, 720.401, 721.05, 721.07,
4103	721.08, 721.26, 721.28, 721.301, 721.50, 723.003, 723.006,
4104	723.009, and 723.0611, F.S., to conform; providing effective
4105	dates.

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