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The Committee on Regulated Industries (Jones) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (11) of section 718.111, Florida

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Statutes, is amended to read:

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     718.111  The association.--

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     (11)  INSURANCE.--In order to protect the safety, health,

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and welfare of the people of the State of Florida and to ensure

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consistency in the provision of insurance coverage to

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condominiums and their unit owners, this subsection applies

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paragraphs (a), (b), and (c) are deemed to apply to every

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residential condominium in the state, regardless of the date of

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its declaration of condominium. It is the intent of the

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Legislature to encourage lower or stable insurance premiums for

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associations described in this subsection section.

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     (a) Adequate hazard insurance, regardless of any

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requirement in the declaration of condominium for coverage by the

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association for full insurable value, replacement cost, or

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similar coverage, shall be based upon the replacement cost of the

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property to be insured as determined by an independent insurance

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appraisal or update of a prior appraisal. The full insurable

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value shall be determined at least once every 36 months.

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     1. An association or group of associations may provide

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adequate hazard insurance through a self-insurance fund that

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complies with the requirements of ss. 624.460-624.488.

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     2. The association may also provide adequate hazard

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insurance coverage individually or for a group of no fewer than

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three communities created and operating under this chapter,

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chapter 719, chapter 720, or chapter 721 by obtaining and

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maintaining for such communities insurance coverage sufficient to

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cover an amount equal to the probable maximum loss for the

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communities for a 250-year windstorm event. Such probable maximum

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loss must be determined through the use of a competent model that

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has been accepted by the Florida Commission on Hurricane Loss

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Projection Methodology. No policy or program providing such

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coverage shall be issued or renewed after July 1, 2008, unless it

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has been reviewed and approved by the Office of Insurance

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Regulation. The review and approval shall include approval of

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the policy and related forms pursuant to ss. 627.410 and 627.411,

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approval of the rates pursuant to s. 627.062, a determination

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that the loss model approved by the Commission was accurately and

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appropriately applied to the insured structures to determine the

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250-year probable maximum loss, and a determination that complete

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and accurate disclosure of all material provisions is provided

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to condominium unit owners prior to execution of the agreement by

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a condominium association.

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     3. When determining the adequate amount of hazard insurance

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coverage, the association may consider deductibles as determined

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by this subsection.

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     (b) If an association is a developer-controlled

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association, the association shall exercise its best efforts to

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obtain and maintain insurance as described in paragraph (a).

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Failure to obtain and maintain adequate hazard insurance during

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any period of developer control constitutes a breach of fiduciary

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responsibility by the developer-appointed members of the board of

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directors of the association, unless the members can show that

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despite such failure, they have made their best efforts to

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maintain the required coverage.

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     (c) Policies may include deductibles as determined by the

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board.

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     1. The deductibles shall be consistent with industry

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standards and prevailing practice for communities of similar size

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and age, and having similar construction and facilities in the

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locale where the condominium property is situated.

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     2. The deductibles may be based upon available funds,

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including reserve accounts, or predetermined assessment authority

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at the time the insurance is obtained.

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     3. The board shall establish the amount of deductibles

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based upon the level of available funds and predetermined

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assessment authority at a meeting of the board. Such meeting

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shall be open to all unit owners in the manner set forth in s.

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718.112(2)(e). The notice of such meeting must state the proposed

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deductible and the available funds and the assessment authority

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relied upon by the board and estimate any potential assessment

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amount against each unit, if any. The meeting described in this

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paragraph may be held in conjunction with a meeting to consider

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the proposed budget or an amendment thereto.

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     (d) An association controlled by unit owners operating as a

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residential condominium shall use its best efforts to obtain and

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maintain adequate insurance to protect the association, the

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association property, the common elements, and the condominium

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property that is required to be insured by the association

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pursuant to this subsection.

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     (e) The declaration of condominium as originally recorded,

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or as amended pursuant to procedures provided therein, may

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provide that condominium property consisting of freestanding

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buildings comprised of no more than one building in or on such

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unit need not be insured by the association if the declaration

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requires the unit owner to obtain adequate insurance for the

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condominium property. An association may also obtain and maintain

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liability insurance for directors and officers, insurance for the

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benefit of association employees, and flood insurance for common

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elements, association property, and units.

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     (f) Every hazard insurance policy issued or renewed on or

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after January 1, 2009, for the purpose of protecting the

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condominium shall provide primary coverage for:

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     1. All portions of the condominium property as originally

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installed or replacement of like kind and quality, in accordance

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with the original plans and specifications.

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     2. All alterations or additions made to the condominium

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property or association property pursuant to s. 718.113(2).

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     3. The coverage shall exclude all personal property within

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the unit or limited common elements, and floor, wall, and ceiling

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coverings, electrical fixtures, appliances, water heaters, water

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filters, built-in cabinets and countertops, and window

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treatments, including curtains, drapes, blinds, hardware, and

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similar window treatment components, or replacements of any of

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the foregoing.

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     (g) Every hazard insurance policy issued or renewed on or

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after January 1, 2009, to an individual unit owner must contain a

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provision stating that the coverage afforded by such policy is

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excess coverage over the amount recoverable under any other

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policy covering the same property. Such policies must include

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special assessment coverage of no less than $2,000 per

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occurrence. An insurance policy issued to an individual unit

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owner providing such coverage does not provide rights of

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subrogation against the condominium association operating the

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condominium in which such individual's unit is located.

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     1. All improvements or additions to the condominium

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property that benefit fewer than all unit owners shall be insured

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by the unit owner or owners having the use thereof, or may be

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insured by the association at the cost and expense of the unit

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owners having the use thereof.

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     2. The association shall require each owner to provide

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evidence of a currently effective policy of hazard and liability

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insurance upon request, but not more than once per year. Upon the

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failure of an owner to provide a certificate of insurance issued

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by an insurer approved to write such insurance in this state

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within 30 days after the date on which a written request is

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delivered, the association may purchase a policy of insurance on

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behalf of an owner. The cost of such a policy, together with

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reconstruction costs undertaken by the association but which are

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the responsibility of the unit owner, may be collected in the

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manner provided for the collection of assessments in s. 718.116.

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     3. All reconstruction work after a casualty loss shall be

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undertaken by the association except as otherwise authorized in

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this section. A unit owner may undertake reconstruction work on

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portions of the unit with the prior written consent of the board

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of administration. However, such work may be conditioned upon the

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approval of the repair methods, the qualifications of the

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proposed contractor, or the contract that is used for that

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purpose. A unit owner shall obtain all required governmental

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permits and approvals prior to commencing reconstruction.

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     4. Unit owners are responsible for the cost of

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reconstruction of any portions of the condominium property for

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which the unit owner is required to carry casualty insurance, and

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any such reconstruction work undertaken by the association shall

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be chargeable to the unit owner and enforceable as an assessment

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pursuant to s. 718.116. The association must be an additional

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named insured and loss payee on all casualty insurance policies

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issued to unit owners in the condominium operated by the

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association.

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     5. A multicondominium association may elect, by a majority

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vote of the collective members of the condominiums operated by

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the association, to operate such condominiums as a single

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condominium for purposes of insurance matters, including, but not

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limited to, the purchase of the hazard insurance required by this

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section and the apportionment of deductibles and damages in

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excess of coverage. The election to aggregate the treatment of

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insurance premiums, deductibles, and excess damages constitutes

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an amendment to the declaration of all condominiums operated by

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the association, and the costs of insurance shall be stated in

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the association budget. The amendments shall be recorded as

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required by s. 718.110.

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     (h) The association shall maintain insurance or fidelity

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bonding of all persons who control or disburse funds of the

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association. The insurance policy or fidelity bond must cover the

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maximum funds that will be in the custody of the association or

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its management agent at any one time. As used in this paragraph,

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the term "persons who control or disburse funds of the

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association" includes, but is not limited to, those individuals

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authorized to sign checks on behalf of the association, and the

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president, secretary, and treasurer of the association. The

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association shall bear the cost of any such bonding.

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     (i) The association may amend the declaration of

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condominium without regard to any requirement for approval by

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mortgagees of amendments affecting insurance requirements for the

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purpose of conforming the declaration of condominium to the

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coverage requirements of this subsection.

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     (j) Any portion of the condominium property required to be

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insured by the association against casualty loss pursuant to

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paragraph (f) which is damaged by casualty shall be

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reconstructed, repaired, or replaced as necessary by the

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association as a common expense. All hazard insurance

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deductibles, uninsured losses, and other damages in excess of

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hazard insurance coverage under the hazard insurance policies

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maintained by the association are a common expense of the

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condominium, except that:

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     1. A unit owner is responsible for the costs of repair or

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replacement of any portion of the condominium property not paid

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by insurance proceeds, if such damage is caused by intentional

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conduct, negligence, or failure to comply with the terms of the

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declaration or the rules of the association by a unit owner, the

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members of his or her family, unit occupants, tenants, guests, or

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invitees, without compromise of the subrogation rights of any

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insurer as set forth in paragraph (g).

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     2. The provisions of subparagraph 1. regarding the

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financial responsibility of a unit owner for the costs of

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repairing or replacing other portions of the condominium property

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also applies to the costs of repair or replacement of personal

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property of other unit owners or the association, as well as

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other property, whether real or personal, which the unit owners

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are required to insure under paragraph (g).

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     3. To the extent the cost of repair or reconstruction for

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which the unit owner is responsible under this paragraph is

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reimbursed to the association by insurance proceeds, and, to the

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extent the association has collected the cost of such repair or

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reconstruction from the unit owner, the association shall

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reimburse the unit owner without the waiver of any rights of

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subrogation.

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     4. The association is not obligated to pay for repair or

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reconstruction or repairs of casualty losses as a common expense

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if the casualty losses were known or should have been known to a

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unit owner and were not reported to the association until after

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the insurance claim of the association for that casualty was

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settled or resolved with finality, or denied on the basis that it

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was untimely filed.

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     (k) An association may, upon the approval of a majority of

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the total voting interests in the association, opt out of the

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provisions of paragraph (j) for the allocation of repair or

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reconstruction expenses and allocate repair or reconstruction

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expenses in the manner provided in the declaration as originally

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recorded or as amended. Such vote may be approved by the voting

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interests of the association without regard to any mortgagee

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consent requirements.

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     (l) In a multicondominium association that has not

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consolidated its financial operations under s. 718.111(6), any

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condominium operated by the association may opt out of the

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provisions of paragraph (j) with the approval of a majority of

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the total voting interests in that condominium. Such vote may be

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approved by the voting interests without regard to any mortgagee

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consent requirements.

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     (m) Any association or condominium voting to opt out of the

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guidelines for repair or reconstruction expenses as described in

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paragraph (j) must record a notice setting forth the date of the

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opt-out vote and the page of the official records book on which

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the declaration is recorded. The decision to opt out is effective

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upon the date of recording of the notice in the public records by

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the association. An association that has voted to opt out of

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paragraph (j) may reverse that decision by the same vote required

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in paragraphs (k) and (l), and notice thereof shall be recorded

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in the official records.

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     (n) The association is not obligated to pay for any

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reconstruction or repair expenses due to casualty loss to any

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improvements installed by a current or former owner of the unit

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or by the developer if the improvement benefits only the unit for

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which it was installed and is not part of the standard

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improvements installed by the developer on all units as part of

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original construction, whether or not such improvement is located

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within the unit. This paragraph does not relieve any party of its

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obligations regarding recovery due under any insurance

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implemented specifically for any such improvements.

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     (o) The provisions of this subsection shall not apply to

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timeshare condominium associations. Insurance for timeshare

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condominium associations shall be maintained pursuant to s.

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721.165.

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Therefore, the Legislature requires a report to be prepared by

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the Office of Insurance Regulation of the Department of Financial

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Services for publication 18 months from the effective date of

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this act, evaluating premium increases or decreases for

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associations, unit owner premium increases or decreases,

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recommended changes to better define common areas, or any other

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information the Office of Insurance Regulation deems appropriate.

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     (a) A unit-owner controlled association operating a

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residential condominium shall use its best efforts to obtain and

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maintain adequate insurance to protect the association, the

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association property, the common elements, and the condominium

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property required to be insured by the association pursuant to

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paragraph (b). If the association is developer controlled, the

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association shall exercise due diligence to obtain and maintain

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such insurance. Failure to obtain and maintain adequate insurance

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during any period of developer control shall constitute a breach

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of fiduciary responsibility by the developer-appointed members of

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the board of directors of the association, unless said members

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can show that despite such failure, they have exercised due

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diligence. The declaration of condominium as originally recorded,

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or amended pursuant to procedures provided therein, may require

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that condominium property consisting of freestanding buildings

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where there is no more than one building in or on such unit need

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not be insured by the association if the declaration requires the

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unit owner to obtain adequate insurance for the condominium

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property. An association may also obtain and maintain liability

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insurance for directors and officers, insurance for the benefit

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of association employees, and flood insurance for common

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elements, association property, and units. Adequate insurance,

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regardless of any requirement in the declaration of condominium

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for coverage by the association for "full insurable value,"

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"replacement cost," or the like, may include reasonable

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deductibles as determined by the board based upon available funds

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or predetermined assessment authority at the time that the

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insurance is obtained.

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     1. Windstorm insurance coverage for a group of no fewer

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than three communities created and operating under this chapter,

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chapter 719, chapter 720, or chapter 721 may be obtained and

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maintained for the communities if the insurance coverage is

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sufficient to cover an amount equal to the probable maximum loss

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for the communities for a 250-year windstorm event. Such probable

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maximum loss must be determined through the use of a competent

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model that has been accepted by the Florida Commission on

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Hurricane Loss Projection Methodology. Such insurance coverage is

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deemed adequate windstorm insurance for the purposes of this

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section.

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     2. An association or group of associations may self-insure

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against claims against the association, the association property,

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and the condominium property required to be insured by an

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association, upon compliance with the applicable provisions of

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ss. 624.460-624.488, which shall be considered adequate insurance

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for the purposes of this section. A copy of each policy of

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insurance in effect shall be made available for inspection by

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unit owners at reasonable times.

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     (b) Every hazard insurance policy issued or renewed on or

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after January 1, 2004, to protect the condominium shall provide

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primary coverage for:

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     1. All portions of the condominium property located outside

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the units;

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     2. The condominium property located inside the units as

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such property was initially installed, or replacements thereof of

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like kind and quality and in accordance with the original plans

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and specifications or, if the original plans and specifications

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are not available, as they existed at the time the unit was

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initially conveyed; and

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     3. All portions of the condominium property for which the

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declaration of condominium requires coverage by the association.

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Anything to the contrary notwithstanding, the terms "condominium

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property," "building," "improvements," "insurable improvements,"

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"common elements," "association property," or any other term

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found in the declaration of condominium which defines the scope

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of property or casualty insurance that a condominium association

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must obtain shall exclude all floor, wall, and ceiling coverings,

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electrical fixtures, appliances, air conditioner or heating

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equipment, water heaters, water filters, built-in cabinets and

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countertops, and window treatments, including curtains, drapes,

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blinds, hardware, and similar window treatment components, or

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replacements of any of the foregoing which are located within the

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boundaries of a unit and serve only one unit and all air

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conditioning compressors that service only an individual unit,

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whether or not located within the unit boundaries. The foregoing

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is intended to establish the property or casualty insuring

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responsibilities of the association and those of the individual

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unit owner and do not serve to broaden or extend the perils of

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coverage afforded by any insurance contract provided to the

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individual unit owner. Beginning January 1, 2004, the association

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shall have the authority to amend the declaration of condominium,

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without regard to any requirement for mortgagee approval of

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amendments affecting insurance requirements, to conform the

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declaration of condominium to the coverage requirements of this

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section.

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     (c) Every hazard insurance policy issued or renewed on or

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after January 1, 2004, to an individual unit owner shall provide

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that the coverage afforded by such policy is excess over the

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amount recoverable under any other policy covering the same

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property. Each insurance policy issued to an individual unit

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owner providing such coverage shall be without rights of

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subrogation against the condominium association that operates the

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condominium in which such unit owner's unit is located. All real

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or personal property located within the boundaries of the unit

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owner's unit which is excluded from the coverage to be provided

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by the association as set forth in paragraph (b) shall be insured

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by the individual unit owner.

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     (d) The association shall obtain and maintain adequate

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insurance or fidelity bonding of all persons who control or

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disburse funds of the association. The insurance policy or

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fidelity bond must cover the maximum funds that will be in the

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custody of the association or its management agent at any one

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time. As used in this paragraph, the term "persons who control or

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disburse funds of the association" includes, but is not limited

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to, those individuals authorized to sign checks and the

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president, secretary, and treasurer of the association. The

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association shall bear the cost of bonding.

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     Section 2.  Paragraph (a) of subsection (1) of section

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718.115, Florida Statutes, is amended to read:

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     718.115  Common expenses and common surplus.--

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     (1)(a)  Common expenses include the expenses of the

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operation, maintenance, repair, replacement, or protection of the

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common elements and association property, costs of carrying out

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the powers and duties of the association, and any other expense,

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whether or not included in the foregoing, designated as common

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expense by this chapter, the declaration, the documents creating

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the association, or the bylaws. Common expenses also include

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reasonable transportation services, insurance for directors and

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officers, road maintenance and operation expenses, in-house

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communications, and security services, which are reasonably

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related to the general benefit of the unit owners even if such

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expenses do not attach to the common elements or property of the

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condominium. However, such common expenses must either have been

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services or items provided on or after the date control of the

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association is transferred from the developer to the unit owners

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or must be services or items provided for in the condominium

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documents or bylaws. Unless the manner of payment or allocation

394

of expenses is otherwise addressed in the declaration of

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condominium, the expenses of any items or services required by

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any federal, state, or local governmental entity to be installed,

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maintained, or supplied to the condominium property by the

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association, including, but not limited to, fire safety equipment

399

or water and sewer service where a master meter serves the

400

condominium, shall be common expenses whether or not such items

401

or services are specifically identified as common expenses in the

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declaration of condominium, articles of incorporation, or bylaws

403

of the association.

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     Section 3.  Subsection (8) of section 718.116, Florida

405

Statutes, is amended to read:

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     718.116  Assessments; liability; lien and priority;

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interest; collection.--

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     (8)  Within 15 days after receiving a written request

409

therefor from a unit owner or his or her designee purchaser, or

410

a unit mortgagee or his or her designee, the association shall

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provide a certificate signed by an officer or agent of the

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association stating all assessments and other moneys owed to the

413

association by the unit owner with respect to the condominium

414

parcel.

415

     (a) Any person other than the owner who relies upon such

416

certificate shall be protected thereby.

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     (b) A summary proceeding pursuant to s. 51.011 may be

418

brought to compel compliance with this subsection, and in any

419

such action the prevailing party is entitled to recover

420

reasonable attorney's fees.

421

     (c) Notwithstanding any limitation on transfer fees

422

contained in s. 718.112(2)(i), the association or its authorized

423

agent may charge a reasonable fee for the preparation of the

424

certificate. The amount of the fee must be included on the

425

certificate.

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     (d) The authority to charge a fee under this section shall

427

be established by written resolution adopted by the board or

428

provided by written management, bookkeeping, or maintenance

429

contract. The fee is payable upon the preparation of the

430

certificate, and if the certificate is requested in conjunction

431

with the sale or mortgage of a unit and the closing does not

432

occur, the fee shall be refunded promptly upon written notice

433

from the person requesting the certificate stating that the sale

434

or mortgage did not occur. Any such refund is the obligation of

435

the unit owner and is collectable in the same manner as an

436

assessment as provided in this section.

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     Section 4.  Paragraph (c) of subsection (17) of section

438

718.117, Florida Statutes, is amended to read:

439

     718.117  Termination of condominium.--

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     (17)  DISTRIBUTION.--

441

     (c)  The proceeds from any sale of condominium property or

442

association property and any remaining condominium property or

443

association property, common surplus, and other assets shall be

444

distributed in the following priority:

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     1.  To pay the reasonable termination trustee's fees and

446

costs and accounting fees and costs.

447

     2.  To lienholders of liens recorded prior to the recording

448

of the declaration.

449

     3.  To purchase-money lienholders on units to the extent

450

necessary to satisfy their liens; however, the distribution may

451

not exceed a unit owner's share of the proceeds.

452

     4.  To lienholders of liens of the association which have

453

been consented to under s. 718.121(1).

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     5.  To creditors of the association, as their interests

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appear.

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     6.  To unit owners, the proceeds of any sale of condominium

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property subject to satisfaction of liens on each unit in their

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order of priority, in shares specified in the plan of

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termination, unless objected to by a unit owner or lienor as

460

provided in paragraph (b).

461

     7.  To unit owners, the remaining condominium property,

462

subject to satisfaction of liens on each unit in their order of

463

priority, in shares specified in the plan of termination, unless

464

objected to by a unit owner or a lienor as provided in paragraph

465

(b).

466

     8.  To unit owners, the proceeds of any sale of association

467

property, the remaining association property, common surplus, and

468

other assets of the association, subject to satisfaction of liens

469

on each unit in their order of priority, in shares specified in

470

the plan of termination, unless objected to by a unit owner or a

471

lienor as provided in paragraph (b).

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     Section 5.  Section 720.30851, Florida Statutes, is created

473

to read:

474

     720.30851 Estoppel certificates.--Within 15 days after the

475

date on which a request for an estoppel certificate is received

476

from a parcel owner or mortgagee, or his or her designee, the

477

association shall provide a certificate signed by an officer or

478

agent of the association stating all assessments and other moneys

479

owed to the association by the parcel owner or mortgagee with

480

respect to the parcel. An association may charge a fee for the

481

preparation of such certificate, and the amount of such fee must

482

be stated on the certificate.

483

     (1) Any person other than a parcel owner who relies upon a

484

certificate receives the benefits and protection thereof.

485

     (2) A summary proceeding pursuant to s. 51.011 may be

486

brought to compel compliance with this section, and the

487

prevailing party is entitled to recover reasonable attorney's

488

fees.

489

     (3) The authority to charge a fee for a certificate

490

required by this section shall be established by written

491

resolution adopted by the board or provided by written

492

management, bookkeeping, or maintenance contract. The fee is

493

payable upon the preparation of the certificate, and, if the

494

certificate is requested in conjunction with the sale or mortgage

495

of a unit and the closing does not occur, the fee shall be

496

refunded promptly upon written notice from the person requesting

497

the certificate stating that the sale or mortgage did not occur.

498

Any such refund is the obligation of the unit owner and is

499

collectible in the same manner as an assessment as provided in

500

this section.

501

          Section 6.  Paragraphs (d) and (j) of subsection (2) of

502

section 20.165, Florida Statutes, are amended to read:

503

     20.165  Department of Business and Professional

504

Regulation.--There is created a Department of Business and

505

Professional Regulation.

506

     (2)  The following divisions of the Department of Business

507

and Professional Regulation are established:

508

     (d) Division of Florida Land Sales, Condominiums,

509

Timeshares, and Mobile Homes.

510

     (j) Division of Technology, Licensure, and Testing.

511

     Section 7.  Subsection (2) of section 73.073, Florida

512

Statutes, is amended to read:

513

     73.073  Eminent domain procedure with respect to condominium

514

common elements.--

515

     (2)  With respect to the exercise of eminent domain or a

516

negotiated sale for the purchase or taking of a portion of the

517

common elements of a condominium, the condemning authority shall

518

have the responsibility of contacting the condominium association

519

and acquiring the most recent rolls indicating the names of the

520

unit owners or contacting the appropriate taxing authority to

521

obtain the names of the owners of record on the tax rolls.

522

Notification shall thereupon be sent by certified mail, return

523

receipt requested, to the unit owners of record of the

524

condominium units by the condemning authority indicating the

525

intent to purchase or take the required property and requesting a

526

response from the unit owner. The condemning authority shall be

527

responsible for the expense of sending notification pursuant to

528

this section. Such notice shall, at a minimum, include:

529

     (a)  The name and address of the condemning authority.

530

     (b)  A written or visual description of the property.

531

     (c)  The public purpose for which the property is needed.

532

     (d)  The appraisal value of the property.

533

     (e)  A clear, concise statement relating to the unit owner's

534

right to object to the taking or appraisal value and the

535

procedures and effects of exercising that right.

536

     (f)  A clear, concise statement relating to the power of the

537

association to convey the property on behalf of the unit owners

538

if no objection to the taking or appraisal value is raised, and

539

the effects of this alternative on the unit owner.

540

541

The Division of Florida Land Sales, Condominiums, Timeshares, and

542

Mobile Homes of the Department of Business and Professional

543

Regulation may adopt, by rule, a standard form for such notice

544

and may require the notice to include any additional relevant

545

information.

546

     Section 8.  Subsections (2) and (3) of section 190.009,

547

Florida Statutes, are amended to read:

548

     190.009  Disclosure of public financing.--

549

     (2) The Division of Florida Land Sales, Condominiums, and

550

Mobile Homes of the Department of Business and Professional

551

Regulation shall ensure that disclosures made by developers

552

pursuant to chapter 498 meet the requirements of subsection (1).

553

     (2)(3) The Department of Community Affairs shall keep a

554

current list of districts and their disclosures pursuant to this

555

act and shall make such studies and reports and take such actions

556

as it deems necessary.

557

     Section 9.  Paragraph (e) of subsection (6) of section

558

192.037, Florida Statutes, is amended to read:

559

     192.037  Fee timeshare real property; taxes and assessments;

560

escrow.--

561

     (6)

562

     (e)  On or before May 1 of each year, a statement of

563

receipts and disbursements of the escrow account must be filed

564

with the Division of Florida Land Sales, Condominiums,

565

Timeshares, and Mobile Homes of the Department of Business and

566

Professional Regulation, which may enforce this paragraph

567

pursuant to s. 721.26. This statement must appropriately show the

568

amount of principal and interest in such account.

569

     Section 10.  Paragraph (i) of subsection (8) of section

570

213.053, Florida Statutes, is amended to read:

571

     213.053  Confidentiality and information sharing.--

572

     (8)  Notwithstanding any other provision of this section,

573

the department may provide:

574

     (i)  Information relative to chapters 212 and 326 to the

575

Division of Florida Land Sales, Condominiums, Timeshares, and

576

Mobile Homes of the Department of Business and Professional

577

Regulation in the conduct of its official duties.

578

579

Disclosure of information under this subsection shall be pursuant

580

to a written agreement between the executive director and the

581

agency. Such agencies, governmental or nongovernmental, shall be

582

bound by the same requirements of confidentiality as the

583

Department of Revenue. Breach of confidentiality is a misdemeanor

584

of the first degree, punishable as provided by s. 775.082 or s.

585

775.083.

586

     Section 11.  Paragraph (d) of subsection (4) of section

587

215.20, Florida Statutes, is amended to read:

588

     215.20  Certain income and certain trust funds to contribute

589

to the General Revenue Fund.--

590

     (4)  The income of a revenue nature deposited in the

591

following described trust funds, by whatever name designated, is

592

that from which the appropriations authorized by subsection (3)

593

shall be made:

594

     (d)  Within the Department of Business and Professional

595

Regulation:

596

     1.  The Administrative Trust Fund.

597

     2.  The Alcoholic Beverage and Tobacco Trust Fund.

598

     3.  The Cigarette Tax Collection Trust Fund.

599

     4. The Division of Florida Land Sales, Condominiums,

600

Timeshares, and Mobile Homes Trust Fund.

601

     5.  The Hotel and Restaurant Trust Fund, with the exception

602

of those fees collected for the purpose of funding of the

603

hospitality education program as stated in s. 509.302.

604

     6.  The Professional Regulation Trust Fund.

605

     7.  The trust funds administered by the Division of Pari-

606

mutuel Wagering.

607

608

The enumeration of the foregoing moneys or trust funds shall not

609

prohibit the applicability thereto of s. 215.24 should the

610

Governor determine that for the reasons mentioned in s. 215.24

611

the money or trust funds should be exempt herefrom, as it is the

612

purpose of this law to exempt income from its force and effect

613

when, by the operation of this law, federal matching funds or

614

contributions or private grants to any trust fund would be lost

615

to the state.

616

     Section 12.  Subsection (2) of section 326.002, Florida

617

Statutes, is amended to read:

618

     326.002  Definitions.--As used in ss. 326.001-326.006, the

619

term:

620

     (2) "Division" means the Division of Florida Land Sales,

621

Condominiums, Timeshares, and Mobile Homes of the Department of

622

Business and Professional Regulation.

623

     Section 13.  Paragraph (d) of subsection (2) and subsection

624

(3) of section 326.006, Florida Statutes, are amended to read:

625

     326.006  Powers and duties of division.--

626

     (2)  The division has the power to enforce and ensure

627

compliance with the provisions of this chapter and rules adopted

628

under this chapter relating to the sale and ownership of yachts

629

and ships. In performing its duties, the division has the

630

following powers and duties:

631

     (d)  Notwithstanding any remedies available to a yacht or

632

ship purchaser, if the division has reasonable cause to believe

633

that a violation of any provision of this chapter or rule adopted

634

under this chapter has occurred, the division may institute

635

enforcement proceedings in its own name against any broker or

636

salesperson or any of his or her assignees or agents, or against

637

any unlicensed person or any of his or her assignees or agents,

638

as follows:

639

     1.  The division may permit a person whose conduct or

640

actions are under investigation to waive formal proceedings and

641

enter into a consent proceeding whereby orders, rules, or letters

642

of censure or warning, whether formal or informal, may be entered

643

against the person.

644

     2.  The division may issue an order requiring the broker or

645

salesperson or any of his or her assignees or agents, or

646

requiring any unlicensed person or any of his or her assignees or

647

agents, to cease and desist from the unlawful practice and take

648

such affirmative action as in the judgment of the division will

649

carry out the purposes of this chapter.

650

     3.  The division may bring an action in circuit court on

651

behalf of a class of yacht or ship purchasers for declaratory

652

relief, injunctive relief, or restitution.

653

     4.  The division may impose a civil penalty against a broker

654

or salesperson or any of his or her assignees or agents, or

655

against an unlicensed person or any of his or her assignees or

656

agents, for any violation of this chapter or a rule adopted under

657

this chapter. A penalty may be imposed for each day of continuing

658

violation, but in no event may the penalty for any offense exceed

659

$10,000. All amounts collected must be deposited with the Chief

660

Financial Officer to the credit of the Division of Florida Land

661

Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If

662

a broker, salesperson, or unlicensed person working for a broker,

663

fails to pay the civil penalty, the division shall thereupon

664

issue an order suspending the broker's license until such time as

665

the civil penalty is paid or may pursue enforcement of the

666

penalty in a court of competent jurisdiction. The order imposing

667

the civil penalty or the order of suspension may not become

668

effective until 20 days after the date of such order. Any action

669

commenced by the division must be brought in the county in which

670

the division has its executive offices or in the county where the

671

violation occurred.

672

     (3)  All fees must be deposited in the Division of Florida

673

Land Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund

674

as provided by law.

675

     Section 14.  Subsection (18) of section 380.05, Florida

676

Statutes, is amended to read:

677

     380.05  Areas of critical state concern.--

678

     (18)  Neither the designation of an area of critical state

679

concern nor the adoption of any regulations for such an area

680

shall in any way limit or modify the rights of any person to

681

complete any development that was has been authorized by

682

registration of a subdivision pursuant to former chapter 498 or

683

former chapter 478, by recordation pursuant to local subdivision

684

plat law, or by a building permit or other authorization to

685

commence development on which there has been reliance and a

686

change of position, and which registration or recordation was

687

accomplished, or which permit or authorization was issued, prior

688

to the approval under subsection (6), or the adoption under

689

subsection (8), of land development regulations for the area of

690

critical state concern. If a developer has by his or her actions

691

in reliance on prior regulations obtained vested or other legal

692

rights that in law would have prevented a local government from

693

changing those regulations in a way adverse to the developer's

694

interests, nothing in this chapter authorizes any governmental

695

agency to abridge those rights.

696

     Section 15.  Subsection (20) of section 380.06, Florida

697

Statutes, is amended to read:

698

     380.06  Developments of regional impact.--

699

     (20)  VESTED RIGHTS.--Nothing in this section shall limit or

700

modify the rights of any person to complete any development that

701

was has been authorized by registration of a subdivision pursuant

702

to former chapter 498, by recordation pursuant to local

703

subdivision plat law, or by a building permit or other

704

authorization to commence development on which there has been

705

reliance and a change of position and which registration or

706

recordation was accomplished, or which permit or authorization

707

was issued, prior to July 1, 1973. If a developer has, by his or

708

her actions in reliance on prior regulations, obtained vested or

709

other legal rights that in law would have prevented a local

710

government from changing those regulations in a way adverse to

711

the developer's interests, nothing in this chapter authorizes any

712

governmental agency to abridge those rights.

713

     (a)  For the purpose of determining the vesting of rights

714

under this subsection, approval pursuant to local subdivision

715

plat law, ordinances, or regulations of a subdivision plat by

716

formal vote of a county or municipal governmental body having

717

jurisdiction after August 1, 1967, and prior to July 1, 1973, is

718

sufficient to vest all property rights for the purposes of this

719

subsection; and no action in reliance on, or change of position

720

concerning, such local governmental approval is required for

721

vesting to take place. Anyone claiming vested rights under this

722

paragraph must so notify the department in writing by January 1,

723

1986. Such notification shall include information adequate to

724

document the rights established by this subsection. When such

725

notification requirements are met, in order for the vested rights

726

authorized pursuant to this paragraph to remain valid after June

727

30, 1990, development of the vested plan must be commenced prior

728

to that date upon the property that the state land planning

729

agency has determined to have acquired vested rights following

730

the notification or in a binding letter of interpretation. When

731

the notification requirements have not been met, the vested

732

rights authorized by this paragraph shall expire June 30, 1986,

733

unless development commenced prior to that date.

734

     (b)  For the purpose of this act, the conveyance of, or the

735

agreement to convey, property to the county, state, or local

736

government as a prerequisite to zoning change approval shall be

737

construed as an act of reliance to vest rights as determined

738

under this subsection, provided such zoning change is actually

739

granted by such government.

740

     Section 16.  Paragraph (a) of subsection (4) of section

741

380.0651, Florida Statutes, is amended to read:

742

     380.0651  Statewide guidelines and standards.--

743

     (4)  Two or more developments, represented by their owners

744

or developers to be separate developments, shall be aggregated

745

and treated as a single development under this chapter when they

746

are determined to be part of a unified plan of development and

747

are physically proximate to one other.

748

     (a)  The criteria of two of the following subparagraphs must

749

be met in order for the state land planning agency to determine

750

that there is a unified plan of development:

751

     1.a.  The same person has retained or shared control of the

752

developments;

753

     b.  The same person has ownership or a significant legal or

754

equitable interest in the developments; or

755

     c.  There is common management of the developments

756

controlling the form of physical development or disposition of

757

parcels of the development.

758

     2.  There is a reasonable closeness in time between the

759

completion of 80 percent or less of one development and the

760

submission to a governmental agency of a master plan or series of

761

plans or drawings for the other development which is indicative

762

of a common development effort.

763

     3.  A master plan or series of plans or drawings exists

764

covering the developments sought to be aggregated which have been

765

submitted to a local general-purpose government, water management

766

district, the Florida Department of Environmental Protection, or

767

the Division of Florida Land Sales, Condominiums, Timeshares, and

768

Mobile Homes for authorization to commence development. The

769

existence or implementation of a utility's master utility plan

770

required by the Public Service Commission or general-purpose

771

local government or a master drainage plan shall not be the sole

772

determinant of the existence of a master plan.

773

     4.  The voluntary sharing of infrastructure that is

774

indicative of a common development effort or is designated

775

specifically to accommodate the developments sought to be

776

aggregated, except that which was implemented because it was

777

required by a local general-purpose government; water management

778

district; the Department of Environmental Protection; the

779

Division of Florida Land Sales, Condominiums, Timeshares, and

780

Mobile Homes; or the Public Service Commission.

781

     5.  There is a common advertising scheme or promotional plan

782

in effect for the developments sought to be aggregated.

783

     Section 17.  Paragraph (c) of subsection (4) of section

784

381.0065, Florida Statutes, is amended to read:

785

     381.0065  Onsite sewage treatment and disposal systems;

786

regulation.--

787

     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may

788

not construct, repair, modify, abandon, or operate an onsite

789

sewage treatment and disposal system without first obtaining a

790

permit approved by the department. The department may issue

791

permits to carry out this section, but shall not make the

792

issuance of such permits contingent upon prior approval by the

793

Department of Environmental Protection, except that the issuance

794

of a permit for work seaward of the coastal construction control

795

line established under s. 161.053 shall be contingent upon

796

receipt of any required coastal construction control line permit

797

from the Department of Environmental Protection. A construction

798

permit is valid for 18 months from the issuance date and may be

799

extended by the department for one 90-day period under rules

800

adopted by the department. A repair permit is valid for 90 days

801

from the date of issuance. An operating permit must be obtained

802

prior to the use of any aerobic treatment unit or if the

803

establishment generates commercial waste. Buildings or

804

establishments that use an aerobic treatment unit or generate

805

commercial waste shall be inspected by the department at least

806

annually to assure compliance with the terms of the operating

807

permit. The operating permit for a commercial wastewater system

808

is valid for 1 year from the date of issuance and must be renewed

809

annually. The operating permit for an aerobic treatment unit is

810

valid for 2 years from the date of issuance and must be renewed

811

every 2 years. If all information pertaining to the siting,

812

location, and installation conditions or repair of an onsite

813

sewage treatment and disposal system remains the same, a

814

construction or repair permit for the onsite sewage treatment and

815

disposal system may be transferred to another person, if the

816

transferee files, within 60 days after the transfer of ownership,

817

an amended application providing all corrected information and

818

proof of ownership of the property. There is no fee associated

819

with the processing of this supplemental information. A person

820

may not contract to construct, modify, alter, repair, service,

821

abandon, or maintain any portion of an onsite sewage treatment

822

and disposal system without being registered under part III of

823

chapter 489. A property owner who personally performs

824

construction, maintenance, or repairs to a system serving his or

825

her own owner-occupied single-family residence is exempt from

826

registration requirements for performing such construction,

827

maintenance, or repairs on that residence, but is subject to all

828

permitting requirements. A municipality or political subdivision

829

of the state may not issue a building or plumbing permit for any

830

building that requires the use of an onsite sewage treatment and

831

disposal system unless the owner or builder has received a

832

construction permit for such system from the department. A

833

building or structure may not be occupied and a municipality,

834

political subdivision, or any state or federal agency may not

835

authorize occupancy until the department approves the final

836

installation of the onsite sewage treatment and disposal system.

837

A municipality or political subdivision of the state may not

838

approve any change in occupancy or tenancy of a building that

839

uses an onsite sewage treatment and disposal system until the

840

department has reviewed the use of the system with the proposed

841

change, approved the change, and amended the operating permit.

842

     (c) Notwithstanding the provisions of paragraphs (a) and

843

(b), for subdivisions platted of record on or before October 1,

844

1991, when a developer or other appropriate entity has previously

845

made or makes provisions, including financial assurances or other

846

commitments, acceptable to the Department of Health, that a

847

central water system will be installed by a regulated public

848

utility based on a density formula, private potable wells may be

849

used with onsite sewage treatment and disposal systems until the

850

agreed-upon densities are reached. The department may consider

851

assurances filed with the Department of Business and Professional

852

Regulation under chapter 498 in determining the adequacy of the

853

financial assurance required by this paragraph. In a subdivision

854

regulated by this paragraph, the average daily sewage flow may

855

not exceed 2,500 gallons per acre per day. This section does not

856

affect the validity of existing prior agreements. After October

857

1, 1991, the exception provided under this paragraph is not

858

available to a developer or other appropriate entity.

859

     Section 18.  Subsections (8) through (12) of section 450.33,

860

Florida Statutes, are amended to read:

861

     450.33  Duties of farm labor contractor.--Every farm labor

862

contractor must:

863

     (8) File, within such time as the department may prescribe,

864

a set of his or her fingerprints.

865

     (8)(9) Produce evidence to the department that each vehicle

866

he or she uses for the transportation of employees complies with

867

the requirements and specifications established in chapter 316,

868

s. 316.622, or Pub. L. No. 93-518 as amended by Pub. L. No. 97-

869

470 meeting Department of Transportation requirements or, in lieu

870

thereof, bears a valid inspection sticker showing that the

871

vehicle has passed the inspection in the state in which the

872

vehicle is registered.

873

     (9)(10) Comply with all applicable statutes, rules, and

874

regulations of the United States and of the State of Florida for

875

the protection or benefit of labor, including, but not limited

876

to, those providing for wages, hours, fair labor standards,

877

social security, workers' compensation, unemployment

878

compensation, child labor, and transportation.

879

     (10)(11) Maintain accurate daily field records for each

880

employee actually paid by the farm labor contractor reflecting

881

the hours worked for the farm labor contractor and, if paid by

882

unit, the number of units harvested and the amount paid per unit.

883

     (11)(12) Clearly display on each vehicle used to transport

884

migrant or seasonal farm workers a display sticker issued by the

885

department, which states that the vehicle is authorized by the

886

department to transport farm workers and the expiration date of

887

the authorization.

888

     Section 19.  Subsection (10) is added to section 455.203,

889

Florida Statutes, to read:

890

     455.203  Department; powers and duties.--The department, for

891

the boards under its jurisdiction, shall:

892

     (10) Have authority to:

893

     (a) Close and terminate deficient license application files

894

2 years after the board or the department notifies the applicant

895

of the deficiency; and

896

     (b) Approve applications for professional licenses that

897

meet all statutory and rule requirements for licensure.

898

     Section 20.  Subsection (5) of section 455.116, Florida

899

Statutes, is amended to read:

900

     455.116  Regulation trust funds.--The following trust funds

901

shall be placed in the department:

902

     (5) Division of Florida Land Sales, Condominiums,

903

Timeshares, and Mobile Homes Trust Fund.

904

     Section 21.  Subsection (1) of section 455.217, Florida

905

Statutes, is amended to read:

906

     455.217  Examinations.--This section shall be read in

907

conjunction with the appropriate practice act associated with

908

each regulated profession under this chapter.

909

     (1) The Division of Technology, Licensure, and Testing of

910

the Department of Business and Professional Regulation shall

911

provide, contract, or approve services for the development,

912

preparation, administration, scoring, score reporting, and

913

evaluation of all examinations. The division shall seek the

914

advice of the appropriate board in providing such services.

915

     (a)  The department, acting in conjunction with the Division

916

of Technology, Licensure, and Testing and the Division of Real

917

Estate, as appropriate, shall ensure that examinations adequately

918

and reliably measure an applicant's ability to practice the

919

profession regulated by the department. After an examination

920

developed or approved by the department has been administered,

921

the board or department may reject any question which does not

922

reliably measure the general areas of competency specified in the

923

rules of the board or department, when there is no board. The

924

department shall use professional testing services for the

925

development, preparation, and evaluation of examinations, when

926

such services are available and approved by the board.

927

     (b)  For each examination developed by the department or

928

contracted vendor, to the extent not otherwise specified by

929

statute, the board or the department when there is no board,

930

shall by rule specify the general areas of competency to be

931

covered by the examination, the relative weight to be assigned in

932

grading each area tested, the score necessary to achieve a

933

passing grade, and the fees, where applicable, to cover the

934

actual cost for any purchase, development, and administration of

935

the required examination. However, statutory fee caps in each

936

practice act shall apply. This subsection does not apply to

937

national examinations approved and administered pursuant to

938

paragraph (d).

939

     (c)  If a practical examination is deemed to be necessary,

940

rules shall specify the criteria by which examiners are to be

941

selected, the grading criteria to be used by the examiner, the

942

relative weight to be assigned in grading each criterion, and the

943

score necessary to achieve a passing grade. When a mandatory

944

standardization exercise for a practical examination is required

945

by law, the board may conduct such exercise. Therefore, board

946

members may serve as examiners at a practical examination with

947

the consent of the board.

948

     (d)  A board, or the department when there is no board, may

949

approve by rule the use of any national examination which the

950

department has certified as meeting requirements of national

951

examinations and generally accepted testing standards pursuant to

952

department rules. Providers of examinations, which may be either

953

profit or nonprofit entities, seeking certification by the

954

department shall pay the actual costs incurred by the department

955

in making a determination regarding the certification. The

956

department shall use any national examination which is available,

957

certified by the department, and approved by the board. The name

958

and number of a candidate may be provided to a national

959

contractor for the limited purpose of preparing the grade tape

960

and information to be returned to the board or department or, to

961

the extent otherwise specified by rule, the candidate may apply

962

directly to the vendor of the national examination. The

963

department may delegate to the board the duty to provide and

964

administer the examination. Any national examination approved by

965

a board, or the department when there is no board, prior to

966

October 1, 1997, is deemed certified under this paragraph. Any

967

licensing or certification examination that is not developed or

968

administered by the department in-house or provided as a national

969

examination shall be competitively bid.

970

     (e)  The department shall adopt rules regarding the security

971

and monitoring of examinations. In order to maintain the security

972

of examinations, the department may employ the procedures set

973

forth in s. 455.228 to seek fines and injunctive relief against

974

an examinee who violates the provisions of s. 455.2175 or the

975

rules adopted pursuant to this paragraph. The department, or any

976

agent thereof, may, for the purposes of investigation, confiscate

977

any written, photographic, or recording material or device in the

978

possession of the examinee at the examination site which the

979

department deems necessary to enforce such provisions or rules.

980

     (f)  If the professional board with jurisdiction over an

981

examination concurs, the department may, for a fee, share with

982

any other state's licensing authority an examination developed by

983

or for the department unless prohibited by a contract entered

984

into by the department for development or purchase of the

985

examination. The department, with the concurrence of the

986

appropriate board, shall establish guidelines that ensure

987

security of a shared exam and shall require that any other

988

state's licensing authority comply with those guidelines. Those

989

guidelines shall be approved by the appropriate professional

990

board. All fees paid by the user shall be applied to the

991

department's examination and development program for professions

992

regulated by this chapter. All fees paid by the user for

993

professions not regulated by this chapter shall be applied to

994

offset the fees for the development and administration of that

995

profession's examination. If both a written and a practical

996

examination are given, an applicant shall be required to retake

997

only the portion of the examination for which he or she failed to

998

achieve a passing grade, if he or she successfully passes that

999

portion within a reasonable time of his or her passing the other

1000

portion.

1001

     Section 22.  Subsection (6) is added to section 455.2273,

1002

Florida Statutes, to read:

1003

     455.2273  Disciplinary guidelines.--

1004

     (6) Notwithstanding s. 455.017, this section applies to

1005

disciplinary guidelines adopted by all boards or divisions within

1006

the department.

1007

     Section 23.  Paragraph (d) of subsection (1) and paragraph

1008

(d) of subsection (2) of section 468.841, Florida Statutes, are

1009

amended to read:

1010

     468.841  Exemptions.--

1011

     (1)  The following persons are not required to comply with

1012

any provisions of this part relating to mold assessment:

1013

     (d)  Persons or business organizations acting within the

1014

scope of the respective licenses required under chapter 471, part

1015

I of chapter 481, chapter 482, or chapter 489, or part XV of this

1016

chapter, are acting on behalf of an insurer under part VI of

1017

chapter 626, or are persons in the manufactured housing industry

1018

who are licensed under chapter 320, except when any such persons

1019

or business organizations hold themselves out for hire to the

1020

public as a "certified mold assessor remediator," "registered

1021

mold assessor remediator," "licensed mold assessor remediator,"

1022

"mold assessor remediator," "professional mold assessor

1023

remediator," or any combination thereof stating or implying

1024

licensure under this part.

1025

     (2)  The following persons are not required to comply with

1026

any provisions of this part relating to mold remediation:

1027

     (d)  Persons or business organizations that are acting

1028

within the scope of the respective licenses required under

1029

chapter 471, part I of chapter 481, chapter 482, or chapter 489,

1030

or part XV of this chapter, are acting on behalf of an insurer

1031

under part VI of chapter 626, or are persons in the manufactured

1032

housing industry who are licensed under chapter 320, except when

1033

any such persons or business organizations hold themselves out

1034

for hire to the public as a "certified mold remediator assessor,"

1035

"registered mold remediator assessor," "licensed mold remediator

1036

assessor," "mold remediator assessor," "professional mold

1037

remediator assessor," or any combination thereof stating or

1038

implying licensure under this part.

1039

     Section 24.  Paragraph (b) of subsection (2) of section

1040

475.17, Florida Statutes, is amended to read:

1041

     475.17  Qualifications for practice.--

1042

     (2)

1043

     (b)  A person may not be licensed as a real estate broker

1044

unless, in addition to the other requirements of law, the person

1045

has held:

1046

     1.  An active real estate sales associate's license for at

1047

least 24 12 months during the preceding 5 years in the office of

1048

one or more real estate brokers licensed in this state or any

1049

other state, territory, or jurisdiction of the United States or

1050

in any foreign national jurisdiction;

1051

     2.  A current and valid real estate sales associate's

1052

license for at least 24 12 months during the preceding 5 years in

1053

the employ of a governmental agency for a salary and performing

1054

the duties authorized in this part for real estate licensees; or

1055

     3.  A current and valid real estate broker's license for at

1056

least 24 12 months during the preceding 5 years in any other

1057

state, territory, or jurisdiction of the United States or in any

1058

foreign national jurisdiction.

1059

1060

This paragraph does not apply to a person employed as a real

1061

estate investigator by the Division of Real Estate, provided the

1062

person has been employed as a real estate investigator for at

1063

least 24 months. The person must be currently employed as a real

1064

estate investigator to sit for the real estate broker's

1065

examination and have held a valid and current sales associate's

1066

license for at least 12 months.

1067

     Section 25.  Subsection (9) of section 475.451, Florida

1068

Statutes, is amended to read:

1069

     475.451  Schools teaching real estate practice.--

1070

     (9)(a) Each school permitholder of a proprietary real

1071

estate school, each chief administrative person of such an

1072

institution, or each course sponsor shall deliver to the

1073

department, in a format acceptable to the department, a copy of

1074

the classroom course roster of courses that require satisfactory

1075

completion of an examination no later than 30 days beyond the end

1076

of the calendar month in which the course was completed.

1077

     (b) The course roster shall consist of the institution or

1078

school name and permit number, if applicable, the instructor's

1079

name and permit number, if applicable, course title, beginning

1080

and ending dates of the course, number of course hours, course

1081

location, if applicable, each student's full name and license

1082

number, if applicable, each student's mailing address, and the

1083

numerical grade each student achieved. The course roster shall

1084

also include the signature of the school permitholder, the chief

1085

administrative person, or the course sponsor.

1086

     Section 26.  Section 475.455, Florida Statutes, is amended

1087

to read:

1088

     475.455  Exchange of disciplinary information.--The

1089

commission shall inform the Division of Florida Land Sales,

1090

Condominiums, Timeshares, and Mobile Homes of the Department of

1091

Business and Professional Regulation of any disciplinary action

1092

the commission has taken against any of its licensees. The

1093

division shall inform the commission of any disciplinary action

1094

the division has taken against any broker or sales associate

1095

registered with the division.

1096

     Section 27.  Subsection (6) of section 489.105, Florida

1097

Statutes, is amended to read:

1098

     489.105  Definitions.--As used in this part:

1099

     (6)  "Contracting" means, except as exempted in this part,

1100

engaging in business as a contractor and includes, but is not

1101

limited to, performance of any of the acts as set forth in

1102

subsection (3) which define types of contractors. The attempted

1103

sale of contracting services and the negotiation or bid for a

1104

contract on these services also constitutes contracting. If the

1105

services offered require licensure or agent qualification, the

1106

offering, negotiation for a bid, or attempted sale of these

1107

services requires the corresponding licensure. However, the term

1108

"contracting" shall not extend to an individual, partnership,

1109

corporation, trust, or other legal entity that offers to sell or

1110

sells completed residences on property on which the individual or

1111

business entity has any legal or equitable interest, or to the

1112

individual or business entity that offers to sell or sells

1113

manufactured or factory-built buildings that will be completed on

1114

site on property on which either party to a contract has any

1115

legal or equitable interest, if the services of a qualified

1116

contractor certified or registered pursuant to the requirements

1117

of this chapter have been or will be retained for the purpose of

1118

constructing or completing such residences.

1119

     Section 28.  Section 489.511, Florida Statutes, is amended

1120

to read:

1121

     489.511  Certification; application; examinations;

1122

endorsement.--

1123

     (1)(a) Any person who is at least 18 years of age may take

1124

the certification examination.

1125

     (b) Any person desiring to be certified as a contractor

1126

shall apply to the department in writing and must meet the

1127

following criteria: to take the certification examination.

1128

     (2)(a) A person shall be entitled to take the certification

1129

examination for the purpose of determining whether he or she is

1130

qualified to engage in contracting throughout the state as a

1131

contractor if the person:

1132

     1. Is at least 18 years of age;

1133

     1.2. Be Is of good moral character;

1134

     2. Pass the certification examination, achieving a passing

1135

grade as established by board rule; and

1136

     3. Meet Meets eligibility requirements according to one of

1137

the following criteria:

1138

     a.  Has, within the 6 years immediately preceding the filing

1139

of the application, at least 3 years' proven management

1140

experience in the trade or education equivalent thereto, or a

1141

combination thereof, but not more than one-half of such

1142

experience may be educational equivalent;

1143

     b.  Has, within the 8 years immediately preceding the filing

1144

of the application, at least 4 years' experience as a supervisor

1145

or contractor in the trade for which he or she is making

1146

application;

1147

     c.  Has, within the 12 years immediately preceding the

1148

filing of the application, at least 6 years of comprehensive

1149

training, technical education, or supervisory experience

1150

associated with an electrical or alarm system contracting

1151

business, or at least 6 years of technical experience in

1152

electrical or alarm system work with the Armed Forces or a

1153

governmental entity;

1154

     d.  Has, within the 12 years immediately preceding the

1155

filing of the application, been licensed for 3 years as a

1156

professional engineer who is qualified by education, training, or

1157

experience to practice electrical engineering; or

1158

     e.  Has any combination of qualifications under sub-

1159

subparagraphs a.-c. totaling 6 years of experience.

1160

     (c)(b) For purposes of this subsection, "supervisor" means

1161

a person having the experience gained while having the general

1162

duty of overseeing the technical duties of the trade, provided

1163

that such experience is gained by a person who is able to perform

1164

the technical duties of the trade without supervision.

1165

     (d)(c) For purposes of this subsection, at least 40 percent

1166

of the work experience for an alarm system contractor I must be

1167

in the types of fire alarm systems typically used in a commercial

1168

setting.

1169

     (2)(3) The board may determine by rule the number of times

1170

per year the applicant may take the examination and after three

1171

unsuccessful attempts may On or after October 1, 1998, every

1172

applicant who is qualified shall be allowed to take the

1173

examination three times, notwithstanding the number of times the

1174

applicant has previously failed the examination. If an applicant

1175

fails the examination three times after October 1, 1998, the

1176

board shall require the applicant to complete additional college-

1177

level or technical education courses in the areas of deficiency,

1178

as determined by the board, as a condition of future eligibility

1179

to take the examination. The applicant must also submit a new

1180

application that meets all certification requirements at the time

1181

of its submission and must pay all appropriate fees.

1182

     (3)(4)(a) "Good moral character" means a personal history

1183

of honesty, fairness, and respect for the rights of others and

1184

for laws of this state and nation.

1185

     (b)  The board may determine that an individual applying for

1186

certification is ineligible to take the examination for failure

1187

to satisfy the requirement of good moral character only if:

1188

     1.  There is a substantial connection between the lack of

1189

good moral character of the individual and the professional

1190

responsibilities of a certified contractor; and

1191

     2.  The finding by the board of lack of good moral character

1192

is supported by clear and convincing evidence.

1193

     (c)  When an individual is found to be unqualified for

1194

certification examination because of a lack of good moral

1195

character, the board shall furnish such individual a statement

1196

containing the findings of the board, a complete record of the

1197

evidence upon which the determination was based, and a notice of

1198

the rights of the individual to a rehearing and appeal.

1199

     (4)(5) The board shall, by rule, designate those types of

1200

specialty electrical or alarm system contractors who may be

1201

certified under this part. The limit of the scope of work and

1202

responsibility of a certified specialty contractor shall be

1203

established by board rule. A certified specialty contractor

1204

category exists as an optional statewide licensing category.

1205

Qualification for certification in a specialty category created

1206

by rule shall be the same as set forth in paragraph (1)(b)

1207

(2)(a). The existence of a specialty category created by rule

1208

does not itself create any licensing requirement; however,

1209

neither does its optional nature remove any licensure requirement

1210

established elsewhere in this part.

1211

     (5)(6) The board shall certify as qualified for

1212

certification by endorsement any individual applying for

1213

certification who:

1214

     (a)  Meets the requirements for certification as set forth

1215

in this section; has passed a national, regional, state, or

1216

United States territorial licensing examination that is

1217

substantially equivalent to the examination required by this

1218

part; and has satisfied the requirements set forth in s. 489.521;

1219

or

1220

     (b)  Holds a valid license to practice electrical or alarm

1221

system contracting issued by another state or territory of the

1222

United States, if the criteria for issuance of such license was

1223

substantially equivalent to the certification criteria that

1224

existed in this state at the time the certificate was issued.

1225

     (6)(7) Upon the issuance of a certificate, any previously

1226

issued registered licenses for the classification in which the

1227

certification is issued are rendered void.

1228

     Section 29.  Paragraph (b) of subsection (1) of section

1229

489.515, Florida Statutes, is amended to read:

1230

     489.515  Issuance of certificates; registrations.--

1231

     (1)

1232

     (b)  The board shall certify as qualified for certification

1233

any person who satisfies the requirements of s. 489.511, who

1234

successfully passes the certification examination administered by

1235

the department, achieving a passing grade as established by board

1236

rule, and who submits satisfactory evidence that he or she has

1237

obtained both workers' compensation insurance or an acceptable

1238

exemption certificate issued by the department and public

1239

liability and property damage insurance for the health, safety,

1240

and welfare of the public in amounts determined by rule of the

1241

board, and furnishes evidence of financial responsibility,

1242

credit, and business reputation of either himself or herself or

1243

the business organization he or she desires to qualify.

1244

     Section 30.  Section 494.008, Florida Statutes, is amended

1245

to read:

1246

     494.008 Mortgages offered by land developers licensed

1247

pursuant to the Florida Uniform Land Sales Practices Law;

1248

requirements; prohibitions.--No mortgage loan which has a face

1249

amount of $35,000 or less and is secured by vacant land

1250

registered under the Florida Uniform Land Sales Practices Law,

1251

chapter 498, shall be sold to a mortgagee, except a financial

1252

institution, by any person unless all of the following

1253

requirements are met:

1254

     (1)  Each mortgage securing a note or other obligation sold

1255

or offered for sale shall be eligible for a recordation as a

1256

first mortgage.

1257

     (2)  Each mortgage negotiated pursuant to this section must

1258

include a mortgagee's title insurance policy or an opinion of

1259

title, from an attorney who is licensed to practice law in this

1260

state, on each parcel of land which is described in the mortgage.

1261

The policy or opinion shall reflect that there are no other

1262

mortgages on the property. A notice stating the priority of the

1263

mortgage shall be placed on the face of each mortgage in an

1264

amount over $35,000 issued pursuant to this section.

1265

     (3)  Contracts to purchase a mortgage loan shall contain,

1266

immediately above the purchaser's signature line, the statement

1267

in 10-point boldfaced type: "This mortgage is secured by vacant

1268

land subject to development at a future time." This statement

1269

shall also be typed or printed in 10-point type on the face of

1270

the note and mortgage sold.

1271

     (4)  The most recent assessment for tax purposes made by the

1272

county property appraiser of each parcel of land described in the

1273

mortgage shall be furnished to each mortgagee.

1274

     (5)  The mortgage broker shall record or cause to be

1275

recorded all mortgages or other similar documents prior to

1276

delivery of the note and mortgage to the mortgagee.

1277

     (6)  All funds received by the mortgage broker pursuant to

1278

this section shall promptly be deposited in the broker's trust

1279

account where they shall remain until the note and mortgage are

1280

fully executed and recorded.

1281

     (7)  Willful failure to comply with any of the above

1282

provisions shall subject the person to the penalties of s.

1283

494.05.

1284

     Section 31. Section 498.009, Florida Statutes, is

1285

renumbered as section 718.50152, Florida Statutes.

1286

     Section 32.  Section 498.011, Florida Statutes, is

1287

renumbered as section 718.50153, Florida Statutes, and amended to

1288

read:

1289

     718.50153 498.011 Payment of per diem, mileage, and other

1290

expenses to division employees.--The amount of per diem and

1291

mileage and expense money paid to employees shall be as provided

1292

in s. 112.061, except that the division shall establish by rule

1293

the standards for reimbursement of actual verified expenses

1294

incurred in connection with an on-site review inspection or

1295

investigation of subdivided lands.

1296

     Section 33. Section 498.013, Florida Statutes, is

1297

renumbered as section 718.50154, Florida Statutes.

1298

     Section 34.  Section 498.057, Florida Statutes, is

1299

renumbered as section 718.50155, Florida Statutes, and amended,

1300

to read:

1301

     718.50155 498.057 Service of process.--

1302

     (1)  In addition to the methods of service provided for in

1303

the Florida Rules of Civil Procedure and the Florida Statutes,

1304

service may be made and by delivering a copy of the process to

1305

the director of the division, which shall be binding upon the

1306

defendant or respondent if:

1307

     (a) The division plaintiff, which is acting as the

1308

petitioner or plaintiff may be the division, immediately sends a

1309

copy of the process and of the pleading by certified mail to the

1310

defendant or respondent at his or her last known address;, and

1311

     (b) The division plaintiff files an affidavit of compliance

1312

with this section on or before the return date of the process or

1313

within the time set by the court.

1314

     (2)  If any person, including any nonresident of this state,

1315

allegedly engages in conduct prohibited by this chapter, or any

1316

rule or order of the division, and has not filed a consent to

1317

service of process, and personal jurisdiction over him or her

1318

cannot otherwise be obtained in this state, the director shall be

1319

authorized to receive service of process in any noncriminal

1320

proceeding against that person or his or her successor which

1321

grows out of the conduct and which is brought by the division

1322

under this chapter or any rule or order of the division. The

1323

process shall have the same force and validity as if personally

1324

served. Notice shall be given as provided in subsection (1).

1325

     Section 35. Sections 498.001, 498.003, 498.005, 498.007,

1326

498.017, 498.019, 498.021, 498.022, 498.023, 498.024, 498.025,

1327

498.027, 498.028, 498.029, 498.031, 498.033, 498.035, 498.037,

1328

498.039, 498.041, 498.047, 498.049, 498.051, 498.053, 498.059,

1329

498.061, and 498.063, Florida Statutes, are repealed.

1330

     Section 36.  Section 509.512, Florida Statutes, is amended

1331

to read:

1332

     509.512  Timeshare plan developer and exchange company

1333

exemption.--Sections 509.501-509.511 do not apply to a developer

1334

of a timeshare plan or an exchange company approved by the

1335

Division of Florida Land Sales, Condominiums, Timeshares, and

1336

Mobile Homes pursuant to chapter 721, but only to the extent that

1337

the developer or exchange company engages in conduct regulated

1338

under chapter 721.

1339

     Section 37.  Subsection (2) of section 517.301, Florida

1340

Statutes, is amended to read:

1341

     517.301  Fraudulent transactions; falsification or

1342

concealment of facts.--

1343

     (2)  For purposes of ss. 517.311 and 517.312 and this

1344

section, the term "investment" means any commitment of money or

1345

property principally induced by a representation that an economic

1346

benefit may be derived from such commitment, except that the term

1347

"investment" does not include a commitment of money or property

1348

for:

1349

     (a)  The purchase of a business opportunity, business

1350

enterprise, or real property through a person licensed under

1351

chapter 475 or registered under former chapter 498; or

1352

     (b)  The purchase of tangible personal property through a

1353

person not engaged in telephone solicitation, where said property

1354

is offered and sold in accordance with the following conditions:

1355

     1.  There are no specific representations or guarantees made

1356

by the offeror or seller as to the economic benefit to be derived

1357

from the purchase;

1358

     2.  The tangible property is delivered to the purchaser

1359

within 30 days after sale, except that such 30-day period may be

1360

extended by the office if market conditions so warrant; and

1361

     3.  The seller has offered the purchaser a full refund

1362

policy in writing, exercisable by the purchaser within 10 days of

1363

the date of delivery of such tangible personal property, except

1364

that the amount of such refund may not in no event shall exceed

1365

the bid price in effect at the time the property is returned to

1366

the seller. If the applicable sellers' market is closed at the

1367

time the property is returned to the seller for a refund, the

1368

amount of such refund shall be based on the bid price for such

1369

property at the next opening of such market.

1370

     Section 38.  Subsection (4) of section 548.0065, Florida

1371

Statutes, is amended to read:

1372

     548.0065  Amateur matches; sanctioning and supervision;

1373

health and safety standards; compliance checks; continuation,

1374

suspension, and revocation of sanctioning approval.--

1375

     (4)  Any member of the commission or the executive director

1376

of the commission may suspend the approval of an amateur

1377

sanctioning organization for failure to supervise amateur matches

1378

or to enforce the approved health and safety standards required

1379

under this chapter, provided that the suspension complies with

1380

the procedures for summary suspensions in s. 120.60(6). At any

1381

amateur boxing, or kickboxing, or mixed martial arts contest, any

1382

member of the commission or a representative of the commission

1383

may immediately suspend one or more matches in an event whenever

1384

it appears that the match or matches violate the health and

1385

safety standards established by rule as required by this chapter.

1386

A law enforcement officer may assist any member of the commission

1387

or a representative of the commission to enforce an order to stop

1388

a contest if called upon to do so by a member of the commission

1389

or a representative of the commission.

1390

     Section 39.  Subsections (2), (3), and (4) of section

1391

548.008, Florida Statutes, are amended to read:

1392

     548.008  Prohibited competitions.--

1393

     (2) No amateur mixed martial arts match may be held in this

1394

state.

1395

     (2)(3) No professional match may be held in this state

1396

unless it meets the requirements for holding the match as

1397

provided in this chapter and the rules adopted by the commission.

1398

     (3)(4)(a) Any person participating in a match prohibited

1399

under this section, knowing the match to be prohibited, commits a

1400

misdemeanor of the second degree, punishable as provided in s.

1401

775.082 or s. 775.083.

1402

     (b)  Any person holding, promoting, or sponsoring a match

1403

prohibited under this section commits a felony of the third

1404

degree, punishable as provided in s. 775.082, s. 775.083, or s.

1405

775.084.

1406

     Section 40.  Subsection (1) of section 548.041, Florida

1407

Statutes, is amended to read:

1408

     548.041  Age, condition, and suspension of participants.--

1409

     (1) A person may shall not be licensed as a participant,

1410

and the license of a any participant shall be suspended or

1411

revoked, if such person:

1412

     (a)  Is under the age of 18;

1413

     (b)  Has participated in a match in this state which was not

1414

sanctioned by the commission or by a Native American commission

1415

properly constituted under federal law; or

1416

     (c)  Does not meet certain health and medical examination

1417

conditions as required by rule of the commission;.

1418

     (d) Has not competed in a minimum number of amateur boxing

1419

events as determined by commission rule prior to licensure; or

1420

     (e) Has not participated in a minimum number of amateur

1421

mixed martial arts events as determined by commission rule prior

1422

to licensure.

1423

     Section 41.  Subsection (1) of section 559.935, Florida

1424

Statutes, is amended to read:

1425

     559.935  Exemptions.--

1426

     (1)  This part does not apply to:

1427

     (a)  A bona fide employee of a seller of travel who is

1428

engaged solely in the business of her or his employer;

1429

     (b)  Any direct common carrier of passengers or property

1430

regulated by an agency of the Federal Government or employees of

1431

such carrier when engaged solely in the transportation business

1432

of the carrier as identified in the carrier's certificate;

1433

     (c)  An intrastate common carrier of passengers or property

1434

selling only transportation as defined in the applicable state or

1435

local registration or certification, or employees of such carrier

1436

when engaged solely in the transportation business of the

1437

carrier;

1438

     (d)  Hotels, motels, or other places of public accommodation

1439

selling public accommodations, or employees of such hotels,

1440

motels, or other places of public accommodation, when engaged

1441

solely in making arrangements for lodging, accommodations, or

1442

sightseeing tours within the state, or taking reservations for

1443

the traveler with times, dates, locations, and accommodations

1444

certain at the time the reservations are made, provided that

1445

hotels and motels registered with the Department of Business and

1446

Professional Regulation pursuant to chapter 509 are excluded from

1447

the provisions of this chapter;

1448

     (e)  Persons involved solely in the rental, leasing, or sale

1449

of residential property;

1450

     (f)  Persons involved solely in the rental, leasing, or sale

1451

of transportation vehicles;

1452

     (g)  Persons who make travel arrangements for themselves;

1453

for their employees or agents; for distributors, franchisees, or

1454

dealers of the persons' products or services; for entities which

1455

are financially related to the persons; or for the employees or

1456

agents of the distributor, franchisee, or dealer or financially

1457

related entity;

1458

     (h)  A developer of a timeshare plan or an exchange company

1459

approved by the Division of Florida Land Sales, Condominiums,

1460

Timeshares, and Mobile Homes pursuant to chapter 721, but only to

1461

the extent that the developer or exchange company engages in

1462

conduct regulated under chapter 721; or

1463

     (i)  Persons or entities engaged solely in offering diving

1464

services, including classes and sales or rentals of equipment,

1465

when engaged in making any prearranged travel-related or tourist-

1466

related services in conjunction with a primarily dive-related

1467

event.

1468

     Section 42.  Subsection (17) of section 718.103, Florida

1469

Statutes, is amended to read:

1470

     718.103  Definitions.--As used in this chapter, the term:

1471

     (17) "Division" means the Division of Florida Land Sales,

1472

Condominiums, Timeshares, and Mobile Homes of the Department of

1473

Business and Professional Regulation.

1474

     Section 43.  Paragraph (c) of subsection (4) of section

1475

718.105, Florida Statutes, is amended to read:

1476

     718.105  Recording of declaration.--

1477

     (4)

1478

     (c)  If the sum of money held by the clerk has not been paid

1479

to the developer or association as provided in paragraph (b)

1480

within by 3 years after the date the declaration was originally

1481

recorded, the clerk in his or her discretion may notify, in

1482

writing, the registered agent of the association that the sum is

1483

still available and the purpose for which it was deposited. If

1484

the association does not record the certificate within 90 days

1485

after the clerk has given the notice, the clerk may disburse the

1486

money to the developer. If the developer cannot be located, the

1487

clerk shall disburse the money to the Division of Florida Land

1488

Sales, Condominiums, Timeshares, and Mobile Homes for deposit in

1489

the Division of Florida Land Sales, Condominiums, Timeshares, and

1490

Mobile Homes Trust Fund.

1491

     Section 44.  Subsection (4) of section 718.1255, Florida

1492

Statutes, is amended to read:

1493

     718.1255  Alternative dispute resolution; voluntary

1494

mediation; mandatory nonbinding arbitration; legislative

1495

findings.--

1496

     (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF

1497

DISPUTES.--The Division of Florida Land Sales, Condominiums,

1498

Timeshares, and Mobile Homes of the Department of Business and

1499

Professional Regulation shall employ full-time attorneys to act

1500

as arbitrators to conduct the arbitration hearings provided by

1501

this chapter. The division may also certify attorneys who are not

1502

employed by the division to act as arbitrators to conduct the

1503

arbitration hearings provided by this section. No person may be

1504

employed by the department as a full-time arbitrator unless he or

1505

she is a member in good standing of The Florida Bar. The

1506

department shall adopt promulgate rules of procedure to govern

1507

such arbitration hearings including mediation incident thereto.

1508

The decision of an arbitrator shall be final; however, such a

1509

decision shall not be deemed final agency action. Nothing in this

1510

provision shall be construed to foreclose parties from proceeding

1511

in a trial de novo unless the parties have agreed that the

1512

arbitration is binding. If such judicial proceedings are

1513

initiated, the final decision of the arbitrator shall be

1514

admissible in evidence in the trial de novo.

1515

     (a)  Prior to the institution of court litigation, a party

1516

to a dispute shall petition the division for nonbinding

1517

arbitration. The petition must be accompanied by a filing fee in

1518

the amount of $50. Filing fees collected under this section must

1519

be used to defray the expenses of the alternative dispute

1520

resolution program.

1521

     (b)  The petition must recite, and have attached thereto,

1522

supporting proof that the petitioner gave the respondents:

1523

     1.  Advance written notice of the specific nature of the

1524

dispute;

1525

     2.  A demand for relief, and a reasonable opportunity to

1526

comply or to provide the relief; and

1527

     3.  Notice of the intention to file an arbitration petition

1528

or other legal action in the absence of a resolution of the

1529

dispute.

1530

1531

Failure to include the allegations or proof of compliance with

1532

these prerequisites requires dismissal of the petition without

1533

prejudice.

1534

     (c)  Upon receipt, the petition shall be promptly reviewed

1535

by the division to determine the existence of a dispute and

1536

compliance with the requirements of paragraphs (a) and (b). If

1537

emergency relief is required and is not available through

1538

arbitration, a motion to stay the arbitration may be filed. The

1539

motion must be accompanied by a verified petition alleging facts

1540

that, if proven, would support entry of a temporary injunction,

1541

and if an appropriate motion and supporting papers are filed, the

1542

division may abate the arbitration pending a court hearing and

1543

disposition of a motion for temporary injunction.

1544

     (d)  Upon determination by the division that a dispute

1545

exists and that the petition substantially meets the requirements

1546

of paragraphs (a) and (b) and any other applicable rules, a copy

1547

of the petition shall forthwith be served by the division upon

1548

all respondents.

1549

     (e) Either Before or after the filing of the respondents'

1550

answer to the petition, any party may request that the arbitrator

1551

refer the case to mediation under this section and any rules

1552

adopted by the division. Upon receipt of a request for mediation,

1553

the division shall promptly contact the parties to determine if

1554

there is agreement that mediation would be appropriate. If all

1555

parties agree, the dispute must be referred to mediation.

1556

Notwithstanding a lack of an agreement by all parties, the

1557

arbitrator may refer a dispute to mediation at any time.

1558

     (f)  Upon referral of a case to mediation, the parties must

1559

select a mutually acceptable mediator. To assist in the

1560

selection, the arbitrator shall provide the parties with a list

1561

of both volunteer and paid mediators that have been certified by

1562

the division under s. 718.501. If the parties are unable to agree

1563

on a mediator within the time allowed by the arbitrator, the

1564

arbitrator shall appoint a mediator from the list of certified

1565

mediators. If a case is referred to mediation, the parties shall

1566

attend a mediation conference, as scheduled by the parties and

1567

the mediator. If any party fails to attend a duly noticed

1568

mediation conference, without the permission or approval of the

1569

arbitrator or mediator, the arbitrator must impose sanctions

1570

against the party, including the striking of any pleadings filed,

1571

the entry of an order of dismissal or default if appropriate, and

1572

the award of costs and attorneys' fees incurred by the other

1573

parties. Unless otherwise agreed to by the parties or as provided

1574

by order of the arbitrator, a party is deemed to have appeared at

1575

a mediation conference by the physical presence of the party or

1576

its representative having full authority to settle without

1577

further consultation, provided that an association may comply by

1578

having one or more representatives present with full authority to

1579

negotiate a settlement and recommend that the board of

1580

administration ratify and approve such a settlement within 5 days

1581

from the date of the mediation conference. The parties shall

1582

share equally the expense of mediation, unless they agree

1583

otherwise.

1584

     (g)  The purpose of mediation as provided for by this

1585

section is to present the parties with an opportunity to resolve

1586

the underlying dispute in good faith, and with a minimum

1587

expenditure of time and resources.

1588

     (h)  Mediation proceedings must generally be conducted in

1589

accordance with the Florida Rules of Civil Procedure, and these

1590

proceedings are privileged and confidential to the same extent as

1591

court-ordered mediation. Persons who are not parties to the

1592

dispute are not allowed to attend the mediation conference

1593

without the consent of all parties, with the exception of counsel

1594

for the parties and corporate representatives designated to

1595

appear for a party. If the mediator declares an impasse after a

1596

mediation conference has been held, the arbitration proceeding

1597

terminates, unless all parties agree in writing to continue the

1598

arbitration proceeding, in which case the arbitrator's decision

1599

shall be either binding or nonbinding, as agreed upon by the

1600

parties; in the arbitration proceeding, the arbitrator shall not

1601

consider any evidence relating to the unsuccessful mediation

1602

except in a proceeding to impose sanctions for failure to appear

1603

at the mediation conference. If the parties do not agree to

1604

continue arbitration, the arbitrator shall enter an order of

1605

dismissal, and either party may institute a suit in a court of

1606

competent jurisdiction. The parties may seek to recover any costs

1607

and attorneys' fees incurred in connection with arbitration and

1608

mediation proceedings under this section as part of the costs and

1609

fees that may be recovered by the prevailing party in any

1610

subsequent litigation.

1611

     (i)  Arbitration shall be conducted according to rules

1612

adopted promulgated by the division. The filing of a petition for

1613

arbitration shall toll the applicable statute of limitations.

1614

     (j) At the request of any party to the arbitration, the

1615

such arbitrator shall issue subpoenas for the attendance of

1616

witnesses and the production of books, records, documents, and

1617

other evidence and any party on whose behalf a subpoena is issued

1618

may apply to the court for orders compelling such attendance and

1619

production. Subpoenas shall be served and shall be enforceable in

1620

the manner provided by the Florida Rules of Civil Procedure.

1621

Discovery may, in the discretion of the arbitrator, be permitted

1622

in the manner provided by the Florida Rules of Civil Procedure.

1623

Rules adopted by the division may authorize any reasonable

1624

sanctions except contempt for a violation of the arbitration

1625

procedural rules of the division or for the failure of a party to

1626

comply with a reasonable nonfinal order issued by an arbitrator

1627

which is not under judicial review.

1628

     (k)  The arbitration decision shall be presented to the

1629

parties in writing. An arbitration decision is final in those

1630

disputes in which the parties have agreed to be bound. An

1631

arbitration decision is also final if a complaint for a trial de

1632

novo is not filed in a court of competent jurisdiction in which

1633

the condominium is located within 30 days. The right to file for

1634

a trial de novo entitles the parties to file a complaint in the

1635

appropriate trial court for a judicial resolution of the dispute.

1636

The prevailing party in an arbitration proceeding shall be

1637

awarded the costs of the arbitration and reasonable attorney's

1638

fees in an amount determined by the arbitrator. Such an award

1639

shall include the costs and reasonable attorney's fees incurred

1640

in the arbitration proceeding as well as the costs and reasonable

1641

attorney's fees incurred in preparing for and attending any

1642

scheduled mediation.

1643

     (l)  The party who files a complaint for a trial de novo

1644

shall be assessed the other party's arbitration costs, court

1645

costs, and other reasonable costs, including attorney's fees,

1646

investigation expenses, and expenses for expert or other

1647

testimony or evidence incurred after the arbitration hearing if

1648

the judgment upon the trial de novo is not more favorable than

1649

the arbitration decision. If the judgment is more favorable, the

1650

party who filed a complaint for trial de novo shall be awarded

1651

reasonable court costs and attorney's fees.

1652

     (m)  Any party to an arbitration proceeding may enforce an

1653

arbitration award by filing a petition in a court of competent

1654

jurisdiction in which the condominium is located. A petition may

1655

not be granted unless the time for appeal by the filing of a

1656

complaint for trial de novo has expired. If a complaint for a

1657

trial de novo has been filed, a petition may not be granted with

1658

respect to an arbitration award that has been stayed. If the

1659

petition for enforcement is granted, the petitioner shall recover

1660

reasonable attorney's fees and costs incurred in enforcing the

1661

arbitration award. A mediation settlement may also be enforced

1662

through the county or circuit court, as applicable, and any costs

1663

and fees incurred in the enforcement of a settlement agreement

1664

reached at mediation must be awarded to the prevailing party in

1665

any enforcement action.

1666

     Section 45.  Section 718.501, Florida Statutes, is amended

1667

to read:

1668

     718.501 Powers and duties of Division of Florida Land

1669

Sales, Condominiums, Timeshares, and Mobile Homes.--

1670

     (1) The Division of Florida Land Sales, Condominiums,

1671

Timeshares, and Mobile Homes of the Department of Business and

1672

Professional Regulation, referred to as the "division" in this

1673

part, in addition to other powers and duties prescribed by

1674

chapter 498, has the power to enforce and ensure compliance with

1675

the provisions of this chapter and rules promulgated pursuant

1676

hereto relating to the development, construction, sale, lease,

1677

ownership, operation, and management of residential condominium

1678

units. In performing its duties, the division has the following

1679

powers and duties:

1680

     (a)1. The division may make necessary public or private

1681

investigations within or outside this state to determine whether

1682

any person has violated this chapter or any rule or order

1683

hereunder, to aid in the enforcement of this chapter, or to aid

1684

in the adoption of rules or forms hereunder.

1685

     2. The division may submit any official written report,

1686

worksheet, or other related paper, or a duly certified copy

1687

thereof, compiled, prepared, drafted, or otherwise made by and

1688

duly authenticated by a financial examiner or analyst to be

1689

admitted as competent evidence in any hearing in which the

1690

financial examiner or analyst is available for cross-examination

1691

and attests under oath that such documents were prepared as a

1692

result of an examination or inspection conducted pursuant to this

1693

chapter.

1694

     (b)  The division may require or permit any person to file a

1695

statement in writing, under oath or otherwise, as the division

1696

determines, as to the facts and circumstances concerning a matter

1697

to be investigated.

1698

     (c)  For the purpose of any investigation under this

1699

chapter, the division director or any officer or employee

1700

designated by the division director may administer oaths or

1701

affirmations, subpoena witnesses and compel their attendance,

1702

take evidence, and require the production of any matter which is

1703

relevant to the investigation, including the existence,

1704

description, nature, custody, condition, and location of any

1705

books, documents, or other tangible things and the identity and

1706

location of persons having knowledge of relevant facts or any

1707

other matter reasonably calculated to lead to the discovery of

1708

material evidence. Upon the failure by a person to obey a

1709

subpoena or to answer questions propounded by the investigating

1710

officer and upon reasonable notice to all persons affected

1711

thereby, the division may apply to the circuit court for an order

1712

compelling compliance.

1713

     (d)  Notwithstanding any remedies available to unit owners

1714

and associations, if the division has reasonable cause to believe

1715

that a violation of any provision of this chapter or related rule

1716

promulgated pursuant hereto has occurred, the division may

1717

institute enforcement proceedings in its own name against any

1718

developer, association, officer, or member of the board of

1719

administration, or its assignees or agents, as follows:

1720

     1.  The division may permit a person whose conduct or

1721

actions may be under investigation to waive formal proceedings

1722

and enter into a consent proceeding whereby orders, rules, or

1723

letters of censure or warning, whether formal or informal, may be

1724

entered against the person.

1725

     2.  The division may issue an order requiring the developer,

1726

association, officer, or member of the board of administration,

1727

or its assignees or agents, to cease and desist from the unlawful

1728

practice and take such affirmative action as in the judgment of

1729

the division will carry out the purposes of this chapter. Such

1730

affirmative action may include, but is not limited to, an order

1731

requiring a developer to pay moneys determined to be owed to a

1732

condominium association. If the division finds that a developer,

1733

association, officer, or member of the board of administration,

1734

or its assignees or agents, is violating or is about to violate

1735

any provision of this chapter, any rule adopted or order issued

1736

by the division, or any written agreement entered into with the

1737

division, and presents an immediate danger to the public

1738

requiring an immediate final order, it may issue an emergency

1739

cease and desist order reciting with particularity the facts

1740

underlying such findings. The emergency cease and desist order is

1741

effective for 90 days. If the division begins nonemergency cease

1742

and desist proceedings, the emergency cease and desist order

1743

remains effective until the conclusion of the proceedings under

1744

ss. 120.569 and 120.57.

1745

     3.  The division may bring an action in circuit court on

1746

behalf of a class of unit owners, lessees, or purchasers for

1747

declaratory relief, injunctive relief, or restitution.

1748

     4. The division may petition the court for the appointment

1749

of a receiver or conservator. If appointed, the receiver or

1750

conservator may take action to implement the court order to

1751

ensure the performance of the order and to remedy any breach

1752

thereof. In addition to all other means provided by law for the

1753

enforcement of an injunction or temporary restraining order, the

1754

circuit court may impound or sequester the property of a party

1755

defendant, including books, papers, documents, and related

1756

records, and allow the examination and use of the property by the

1757

division and a court-appointed receiver or conservator.

1758

     5. The division may apply to the circuit court for an order

1759

of restitution whereby the defendant in an action brought

1760

pursuant to subparagraph 4. shall be ordered to make restitution

1761

of those sums shown by the division to have been obtained by the

1762

defendant in violation of this chapter. Such restitution shall,

1763

at the option of the court, be payable to the conservator or

1764

receiver appointed pursuant to subparagraph 4. or directly to the

1765

persons whose funds or assets were obtained in violation of this

1766

chapter.

1767

     6.4. The division may impose a civil penalty against a

1768

developer or association, or its assignee or agent, for any

1769

violation of this chapter or a rule adopted under this chapter

1770

promulgated pursuant hereto. The division may impose a civil

1771

penalty individually against any officer or board member who

1772

willfully and knowingly violates a provision of this chapter,

1773

adopted a rule adopted pursuant hereto, or a final order of the

1774

division. The term "willfully and knowingly" means that the

1775

division informed the officer or board member that his or her

1776

action or intended action violates this chapter, a rule adopted

1777

under this chapter, or a final order of the division and that the

1778

officer or board member refused to comply with the requirements

1779

of this chapter, a rule adopted under this chapter, or a final

1780

order of the division. The division, prior to initiating formal

1781

agency action under chapter 120, shall afford the officer or

1782

board member an opportunity to voluntarily comply with this

1783

chapter, a rule adopted under this chapter, or a final order of

1784

the division. An officer or board member who complies within 10

1785

days is not subject to a civil penalty. A penalty may be imposed

1786

on the basis of each day of continuing violation, but in no event

1787

shall the penalty for any offense exceed $5,000. By January 1,

1788

1998, the division shall adopt, by rule, penalty guidelines

1789

applicable to possible violations or to categories of violations

1790

of this chapter or rules adopted by the division. The guidelines

1791

must specify a meaningful range of civil penalties for each such

1792

violation of the statute and rules and must be based upon the

1793

harm caused by the violation, the repetition of the violation,

1794

and upon such other factors deemed relevant by the division. For

1795

example, the division may consider whether the violations were

1796

committed by a developer or owner-controlled association, the

1797

size of the association, and other factors. The guidelines must

1798

designate the possible mitigating or aggravating circumstances

1799

that justify a departure from the range of penalties provided by

1800

the rules. It is the legislative intent that minor violations be

1801

distinguished from those which endanger the health, safety, or

1802

welfare of the condominium residents or other persons and that

1803

such guidelines provide reasonable and meaningful notice to the

1804

public of likely penalties that may be imposed for proscribed

1805

conduct. This subsection does not limit the ability of the

1806

division to informally dispose of administrative actions or

1807

complaints by stipulation, agreed settlement, or consent order.

1808

All amounts collected shall be deposited with the Chief Financial

1809

Officer to the credit of the Division of Florida Land Sales,

1810

Condominiums, Timeshares, and Mobile Homes Trust Fund. If a

1811

developer fails to pay the civil penalty, the division shall

1812

thereupon issue an order directing that such developer cease and

1813

desist from further operation until such time as the civil

1814

penalty is paid or may pursue enforcement of the penalty in a

1815

court of competent jurisdiction. If an association fails to pay

1816

the civil penalty, the division shall thereupon pursue

1817

enforcement in a court of competent jurisdiction, and the order

1818

imposing the civil penalty or the cease and desist order will not

1819

become effective until 20 days after the date of such order. Any

1820

action commenced by the division shall be brought in the county

1821

in which the division has its executive offices or in the county

1822

where the violation occurred.

1823

     7. In addition to subparagraph 6., the division may seek

1824

the imposition of a civil penalty through the circuit court for

1825

any violation for which the division may issue a notice to show

1826

cause under paragraph (q). The civil penalty shall be at least

1827

$500 but no more than $5,000 for each violation. The court may

1828

also award to the prevailing party court costs and reasonable

1829

attorney's fees and, if the division prevails, may also award

1830

reasonable costs of investigation.

1831

     (e) The division may is authorized to prepare and

1832

disseminate a prospectus and other information to assist

1833

prospective owners, purchasers, lessees, and developers of

1834

residential condominiums in assessing the rights, privileges, and

1835

duties pertaining thereto.

1836

     (f)  The division has authority to adopt rules pursuant to

1837

ss. 120.536(1) and 120.54 to implement and enforce the provisions

1838

of this chapter.

1839

     (g)  The division shall establish procedures for providing

1840

notice to an association when the division is considering the

1841

issuance of a declaratory statement with respect to the

1842

declaration of condominium or any related document governing in

1843

such condominium community.

1844

     (h)  The division shall furnish each association which pays

1845

the fees required by paragraph (2)(a) a copy of this act,

1846

subsequent changes to this act on an annual basis, an amended

1847

version of this act as it becomes available from the Secretary of

1848

State's office on a biennial basis, and the rules adopted

1849

promulgated pursuant thereto on an annual basis.

1850

     (i)  The division shall annually provide each association

1851

with a summary of declaratory statements and formal legal

1852

opinions relating to the operations of condominiums which were

1853

rendered by the division during the previous year.

1854

     (j)  The division shall provide training programs for

1855

condominium association board members and unit owners.

1856

     (k)  The division shall maintain a toll-free telephone

1857

number accessible to condominium unit owners.

1858

     (l)  The division shall develop a program to certify both

1859

volunteer and paid mediators to provide mediation of condominium

1860

disputes. The division shall provide, upon request, a list of

1861

such mediators to any association, unit owner, or other

1862

participant in arbitration proceedings under s. 718.1255

1863

requesting a copy of the list. The division shall include on the

1864

list of volunteer mediators only the names of persons who have

1865

received at least 20 hours of training in mediation techniques or

1866

who have mediated at least 20 disputes. In order to become

1867

initially certified by the division, paid mediators must be

1868

certified by the Supreme Court to mediate court cases in either

1869

county or circuit courts. However, the division may adopt, by

1870

rule, additional factors for the certification of paid mediators,

1871

which factors must be related to experience, education, or

1872

background. Any person initially certified as a paid mediator by

1873

the division must, in order to continue to be certified, comply

1874

with the factors or requirements imposed by rules adopted by the

1875

division.

1876

     (m)  When a complaint is made, the division shall conduct

1877

its inquiry with due regard to the interests of the affected

1878

parties. Within 30 days after receipt of a complaint, the

1879

division shall acknowledge the complaint in writing and notify

1880

the complainant whether the complaint is within the jurisdiction

1881

of the division and whether additional information is needed by

1882

the division from the complainant. The division shall conduct its

1883

investigation and shall, within 90 days after receipt of the

1884

original complaint or of timely requested additional information,

1885

take action upon the complaint. However, the failure to complete

1886

the investigation within 90 days does not prevent the division

1887

from continuing the investigation, accepting or considering

1888

evidence obtained or received after 90 days, or taking

1889

administrative action if reasonable cause exists to believe that

1890

a violation of this chapter or a rule of the division has

1891

occurred. If an investigation is not completed within the time

1892

limits established in this paragraph, the division shall, on a

1893

monthly basis, notify the complainant in writing of the status of

1894

the investigation. When reporting its action to the complainant,

1895

the division shall inform the complainant of any right to a

1896

hearing pursuant to ss. 120.569 and 120.57.

1897

     (n) The division may:

1898

     1. Contract with agencies in this state or other

1899

jurisdictions to perform investigative functions; or

1900

     2. Accept grants-in-aid from any source.

1901

     (o) The division shall cooperate with similar agencies in

1902

other jurisdictions to establish uniform filing procedures and

1903

forms, public offering statements, advertising standards, and

1904

rules and common administrative practices.

1905

     (p) The division shall consider notice to a developer to be

1906

complete when it is delivered to the developer's address

1907

currently on file with the division.

1908

     (q) In addition to its enforcement authority, the division

1909

may issue a notice to show cause, which shall provide for a

1910

hearing, upon written request, in accordance with chapter 120.

1911

     (2)(a)  Effective January 1, 1992, Each condominium

1912

association which operates more than two units shall pay to the

1913

division an annual fee in the amount of $4 for each residential

1914

unit in condominiums operated by the association. If the fee is

1915

not paid by March 1, then the association shall be assessed a

1916

penalty of 10 percent of the amount due, and the association will

1917

not have standing to maintain or defend any action in the courts

1918

of this state until the amount due, plus any penalty, is paid.

1919

     (b)  All fees shall be deposited in the Division of Florida

1920

Land Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund

1921

as provided by law.

1922

     Section 46.  Subsection (1) of section 718.5011, Florida

1923

Statutes, is amended to read:

1924

     718.5011  Ombudsman; appointment; administration.--

1925

     (1)  There is created an Office of the Condominium

1926

Ombudsman, to be located for administrative purposes within the

1927

Division of Florida Land Sales, Condominiums, Timeshares, and

1928

Mobile Homes. The functions of the office shall be funded by the

1929

Division of Florida Land Sales, Condominiums, Timeshares, and

1930

Mobile Homes Trust Fund. The ombudsman shall be a bureau chief of

1931

the division, and the office shall be set within the division in

1932

the same manner as any other bureau is staffed and funded.

1933

     Section 47.  Paragraph (a) of subsection (2) of section

1934

718.502, Florida Statutes, is amended to read:

1935

     718.502  Filing prior to sale or lease.--

1936

     (2)(a)  Prior to filing as required by subsection (1), and

1937

prior to acquiring an ownership, leasehold, or contractual

1938

interest in the land upon which the condominium is to be

1939

developed, a developer shall not offer a contract for purchase of

1940

a unit or lease of a unit for more than 5 years. However, the

1941

developer may accept deposits for reservations upon the approval

1942

of a fully executed escrow agreement and reservation agreement

1943

form properly filed with the Division of Florida Land Sales,

1944

Condominiums, Timeshares, and Mobile Homes. Each filing of a

1945

proposed reservation program shall be accompanied by a filing fee

1946

of $250. Reservations shall not be taken on a proposed

1947

condominium unless the developer has an ownership, leasehold, or

1948

contractual interest in the land upon which the condominium is to

1949

be developed. The division shall notify the developer within 20

1950

days of receipt of the reservation filing of any deficiencies

1951

contained therein. Such notification shall not preclude the

1952

determination of reservation filing deficiencies at a later date,

1953

nor shall it relieve the developer of any responsibility under

1954

the law. The escrow agreement and the reservation agreement form

1955

shall include a statement of the right of the prospective

1956

purchaser to an immediate unqualified refund of the reservation

1957

deposit moneys upon written request to the escrow agent by the

1958

prospective purchaser or the developer.

1959

     Section 48.  Section 718.504, Florida Statutes, is amended

1960

to read:

1961

     718.504  Prospectus or offering circular.--Every developer

1962

of a residential condominium which contains more than 20

1963

residential units, or which is part of a group of residential

1964

condominiums which will be served by property to be used in

1965

common by unit owners of more than 20 residential units, shall

1966

prepare a prospectus or offering circular and file it with the

1967

Division of Florida Land Sales, Condominiums, Timeshares, and

1968

Mobile Homes prior to entering into an enforceable contract of

1969

purchase and sale of any unit or lease of a unit for more than 5

1970

years and shall furnish a copy of the prospectus or offering

1971

circular to each buyer. In addition to the prospectus or offering

1972

circular, each buyer shall be furnished a separate page entitled

1973

"Frequently Asked Questions and Answers," which shall be in

1974

accordance with a format approved by the division and a copy of

1975

the financial information required by s. 718.111. This page

1976

shall, in readable language, inform prospective purchasers

1977

regarding their voting rights and unit use restrictions,

1978

including restrictions on the leasing of a unit; shall indicate

1979

whether and in what amount the unit owners or the association is

1980

obligated to pay rent or land use fees for recreational or other

1981

commonly used facilities; shall contain a statement identifying

1982

that amount of assessment which, pursuant to the budget, would be

1983

levied upon each unit type, exclusive of any special assessments,

1984

and which shall further identify the basis upon which assessments

1985

are levied, whether monthly, quarterly, or otherwise; shall state

1986

and identify any court cases in which the association is

1987

currently a party of record in which the association may face

1988

liability in excess of $100,000; and which shall further state

1989

whether membership in a recreational facilities association is

1990

mandatory, and if so, shall identify the fees currently charged

1991

per unit type. The division shall by rule require such other

1992

disclosure as in its judgment will assist prospective purchasers.

1993

The prospectus or offering circular may include more than one

1994

condominium, although not all such units are being offered for

1995

sale as of the date of the prospectus or offering circular. The

1996

prospectus or offering circular must contain the following

1997

information:

1998

     (1)  The front cover or the first page must contain only:

1999

     (a)  The name of the condominium.

2000

     (b)  The following statements in conspicuous type:

2001

     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT

2002

MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.

2003

     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

2004

NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,

2005

ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.

2006

     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY

2007

STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS

2008

PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT

2009

REPRESENTATIONS.

2010

     (2)  Summary: The next page must contain all statements

2011

required to be in conspicuous type in the prospectus or offering

2012

circular.

2013

     (3)  A separate index of the contents and exhibits of the

2014

prospectus.

2015

     (4)  Beginning on the first page of the text (not including

2016

the summary and index), a description of the condominium,

2017

including, but not limited to, the following information:

2018

     (a)  Its name and location.

2019

     (b)  A description of the condominium property, including,

2020

without limitation:

2021

     1.  The number of buildings, the number of units in each

2022

building, the number of bathrooms and bedrooms in each unit, and

2023

the total number of units, if the condominium is not a phase

2024

condominium, or the maximum number of buildings that may be

2025

contained within the condominium, the minimum and maximum numbers

2026

of units in each building, the minimum and maximum numbers of

2027

bathrooms and bedrooms that may be contained in each unit, and

2028

the maximum number of units that may be contained within the

2029

condominium, if the condominium is a phase condominium.

2030

     2.  The page in the condominium documents where a copy of

2031

the plot plan and survey of the condominium is located.

2032

     3.  The estimated latest date of completion of constructing,

2033

finishing, and equipping. In lieu of a date, the description

2034

shall include a statement that the estimated date of completion

2035

of the condominium is in the purchase agreement and a reference

2036

to the article or paragraph containing that information.

2037

     (c)  The maximum number of units that will use facilities in

2038

common with the condominium. If the maximum number of units will

2039

vary, a description of the basis for variation and the minimum

2040

amount of dollars per unit to be spent for additional

2041

recreational facilities or enlargement of such facilities. If the

2042

addition or enlargement of facilities will result in a material

2043

increase of a unit owner's maintenance expense or rental expense,

2044

if any, the maximum increase and limitations thereon shall be

2045

stated.

2046

     (5)(a)  A statement in conspicuous type describing whether

2047

the condominium is created and being sold as fee simple interests

2048

or as leasehold interests. If the condominium is created or being

2049

sold on a leasehold, the location of the lease in the disclosure

2050

materials shall be stated.

2051

     (b)  If timeshare estates are or may be created with respect

2052

to any unit in the condominium, a statement in conspicuous type

2053

stating that timeshare estates are created and being sold in

2054

units in the condominium.

2055

     (6)  A description of the recreational and other commonly

2056

used facilities that will be used only by unit owners of the

2057

condominium, including, but not limited to, the following:

2058

     (a)  Each room and its intended purposes, location,

2059

approximate floor area, and capacity in numbers of people.

2060

     (b)  Each swimming pool, as to its general location,

2061

approximate size and depths, approximate deck size and capacity,

2062

and whether heated.

2063

     (c)  Additional facilities, as to the number of each

2064

facility, its approximate location, approximate size, and

2065

approximate capacity.

2066

     (d)  A general description of the items of personal property

2067

and the approximate number of each item of personal property that

2068

the developer is committing to furnish for each room or other

2069

facility or, in the alternative, a representation as to the

2070

minimum amount of expenditure that will be made to purchase the

2071

personal property for the facility.

2072

     (e)  The estimated date when each room or other facility

2073

will be available for use by the unit owners.

2074

     (f)1.  An identification of each room or other facility to

2075

be used by unit owners that will not be owned by the unit owners

2076

or the association;

2077

     2.  A reference to the location in the disclosure materials

2078

of the lease or other agreements providing for the use of those

2079

facilities; and

2080

     3.  A description of the terms of the lease or other

2081

agreements, including the length of the term; the rent payable,

2082

directly or indirectly, by each unit owner, and the total rent

2083

payable to the lessor, stated in monthly and annual amounts for

2084

the entire term of the lease; and a description of any option to

2085

purchase the property leased under any such lease, including the

2086

time the option may be exercised, the purchase price or how it is

2087

to be determined, the manner of payment, and whether the option

2088

may be exercised for a unit owner's share or only as to the

2089

entire leased property.

2090

     (g)  A statement as to whether the developer may provide

2091

additional facilities not described above; their general

2092

locations and types; improvements or changes that may be made;

2093

the approximate dollar amount to be expended; and the maximum

2094

additional common expense or cost to the individual unit owners

2095

that may be charged during the first annual period of operation

2096

of the modified or added facilities.

2097

2098

Descriptions as to locations, areas, capacities, numbers,

2099

volumes, or sizes may be stated as approximations or minimums.

2100

     (7)  A description of the recreational and other facilities

2101

that will be used in common with other condominiums, community

2102

associations, or planned developments which require the payment

2103

of the maintenance and expenses of such facilities, either

2104

directly or indirectly, by the unit owners. The description shall

2105

include, but not be limited to, the following:

2106

     (a)  Each building and facility committed to be built.

2107

     (b)  Facilities not committed to be built except under

2108

certain conditions, and a statement of those conditions or

2109

contingencies.

2110

     (c)  As to each facility committed to be built, or which

2111

will be committed to be built upon the happening of one of the

2112

conditions in paragraph (b), a statement of whether it will be

2113

owned by the unit owners having the use thereof or by an

2114

association or other entity which will be controlled by them, or

2115

others, and the location in the exhibits of the lease or other

2116

document providing for use of those facilities.

2117

     (d)  The year in which each facility will be available for

2118

use by the unit owners or, in the alternative, the maximum number

2119

of unit owners in the project at the time each of all of the

2120

facilities is committed to be completed.

2121

     (e)  A general description of the items of personal

2122

property, and the approximate number of each item of personal

2123

property, that the developer is committing to furnish for each

2124

room or other facility or, in the alternative, a representation

2125

as to the minimum amount of expenditure that will be made to

2126

purchase the personal property for the facility.

2127

     (f)  If there are leases, a description thereof, including

2128

the length of the term, the rent payable, and a description of

2129

any option to purchase.

2130

2131

Descriptions shall include location, areas, capacities, numbers,

2132

volumes, or sizes and may be stated as approximations or

2133

minimums.

2134

     (8)  Recreation lease or associated club membership:

2135

     (a)  If any recreational facilities or other facilities

2136

offered by the developer and available to, or to be used by, unit

2137

owners are to be leased or have club membership associated, the

2138

following statement in conspicuous type shall be included: THERE

2139

IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS

2140

CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS

2141

CONDOMINIUM. There shall be a reference to the location in the

2142

disclosure materials where the recreation lease or club

2143

membership is described in detail.

2144

     (b)  If it is mandatory that unit owners pay a fee, rent,

2145

dues, or other charges under a recreational facilities lease or

2146

club membership for the use of facilities, there shall be in

2147

conspicuous type the applicable statement:

2148

     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS

2149

MANDATORY FOR UNIT OWNERS; or

2150

     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,

2151

TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or

2152

     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS

2153

AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,

2154

RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE

2155

OTHER INSTRUMENTS PROVIDING THE FACILITIES); or

2156

     4.  A similar statement of the nature of the organization or

2157

the manner in which the use rights are created, and that unit

2158

owners are required to pay.

2159

2160

Immediately following the applicable statement, the location in

2161

the disclosure materials where the development is described in

2162

detail shall be stated.

2163

     (c)  If the developer, or any other person other than the

2164

unit owners and other persons having use rights in the

2165

facilities, reserves, or is entitled to receive, any rent, fee,

2166

or other payment for the use of the facilities, then there shall

2167

be the following statement in conspicuous type: THE UNIT OWNERS

2168

OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR

2169

RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately

2170

following this statement, the location in the disclosure

2171

materials where the rent or land use fees are described in detail

2172

shall be stated.

2173

     (d)  If, in any recreation format, whether leasehold, club,

2174

or other, any person other than the association has the right to

2175

a lien on the units to secure the payment of assessments, rent,

2176

or other exactions, there shall appear a statement in conspicuous

2177

type in substantially the following form:

2178

     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

2179

SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE

2180

RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE PAYMENTS

2181

MAY RESULT IN FORECLOSURE OF THE LIEN; or

2182

     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

2183

SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE

2184

FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL

2185

OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE

2186

THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.

2187

2188

Immediately following the applicable statement, the location in

2189

the disclosure materials where the lien or lien right is

2190

described in detail shall be stated.

2191

     (9)  If the developer or any other person has the right to

2192

increase or add to the recreational facilities at any time after

2193

the establishment of the condominium whose unit owners have use

2194

rights therein, without the consent of the unit owners or

2195

associations being required, there shall appear a statement in

2196

conspicuous type in substantially the following form:

2197

RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT

2198

OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this

2199

statement, the location in the disclosure materials where such

2200

reserved rights are described shall be stated.

2201

     (10)  A statement of whether the developer's plan includes a

2202

program of leasing units rather than selling them, or leasing

2203

units and selling them subject to such leases. If so, there shall

2204

be a description of the plan, including the number and

2205

identification of the units and the provisions and term of the

2206

proposed leases, and a statement in boldfaced type that: THE

2207

UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.

2208

     (11)  The arrangements for management of the association and

2209

maintenance and operation of the condominium property and of

2210

other property that will serve the unit owners of the condominium

2211

property, and a description of the management contract and all

2212

other contracts for these purposes having a term in excess of 1

2213

year, including the following:

2214

     (a)  The names of contracting parties.

2215

     (b)  The term of the contract.

2216

     (c)  The nature of the services included.

2217

     (d)  The compensation, stated on a monthly and annual basis,

2218

and provisions for increases in the compensation.

2219

     (e)  A reference to the volumes and pages of the condominium

2220

documents and of the exhibits containing copies of such

2221

contracts.

2222

2223

Copies of all described contracts shall be attached as exhibits.

2224

If there is a contract for the management of the condominium

2225

property, then a statement in conspicuous type in substantially

2226

the following form shall appear, identifying the proposed or

2227

existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR THE

2228

MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE CONTRACT

2229

MANAGER). Immediately following this statement, the location in

2230

the disclosure materials of the contract for management of the

2231

condominium property shall be stated.

2232

     (12)  If the developer or any other person or persons other

2233

than the unit owners has the right to retain control of the board

2234

of administration of the association for a period of time which

2235

can exceed 1 year after the closing of the sale of a majority of

2236

the units in that condominium to persons other than successors or

2237

alternate developers, then a statement in conspicuous type in

2238

substantially the following form shall be included: THE DEVELOPER

2239

(OR OTHER PERSON) HAS THE RIGHT TO RETAIN CONTROL OF THE

2240

ASSOCIATION AFTER A MAJORITY OF THE UNITS HAVE BEEN SOLD.

2241

Immediately following this statement, the location in the

2242

disclosure materials where this right to control is described in

2243

detail shall be stated.

2244

     (13)  If there are any restrictions upon the sale, transfer,

2245

conveyance, or leasing of a unit, then a statement in conspicuous

2246

type in substantially the following form shall be included: THE

2247

SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR CONTROLLED.

2248

Immediately following this statement, the location in the

2249

disclosure materials where the restriction, limitation, or

2250

control on the sale, lease, or transfer of units is described in

2251

detail shall be stated.

2252

     (14)  If the condominium is part of a phase project, the

2253

following information shall be stated:

2254

     (a)  A statement in conspicuous type in substantially the

2255

following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND

2256

UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following

2257

this statement, the location in the disclosure materials where

2258

the phasing is described shall be stated.

2259

     (b)  A summary of the provisions of the declaration which

2260

provide for the phasing.

2261

     (c)  A statement as to whether or not residential buildings

2262

and units which are added to the condominium may be substantially

2263

different from the residential buildings and units originally in

2264

the condominium. If the added residential buildings and units may

2265

be substantially different, there shall be a general description

2266

of the extent to which such added residential buildings and units

2267

may differ, and a statement in conspicuous type in substantially

2268

the following form shall be included: BUILDINGS AND UNITS WHICH

2269

ARE ADDED TO THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM

2270

THE OTHER BUILDINGS AND UNITS IN THE CONDOMINIUM. Immediately

2271

following this statement, the location in the disclosure

2272

materials where the extent to which added residential buildings

2273

and units may substantially differ is described shall be stated.

2274

     (d)  A statement of the maximum number of buildings

2275

containing units, the maximum and minimum numbers of units in

2276

each building, the maximum number of units, and the minimum and

2277

maximum square footage of the units that may be contained within

2278

each parcel of land which may be added to the condominium.

2279

     (15)  If a condominium created on or after July 1, 2000, is

2280

or may become part of a multicondominium, the following

2281

information must be provided:

2282

     (a)  A statement in conspicuous type in substantially the

2283

following form: THIS CONDOMINIUM IS (MAY BE) PART OF A

2284

MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL

2285

(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following

2286

this statement, the location in the prospectus or offering

2287

circular and its exhibits where the multicondominium aspects of

2288

the offering are described must be stated.

2289

     (b)  A summary of the provisions in the declaration,

2290

articles of incorporation, and bylaws which establish and provide

2291

for the operation of the multicondominium, including a statement

2292

as to whether unit owners in the condominium will have the right

2293

to use recreational or other facilities located or planned to be

2294

located in other condominiums operated by the same association,

2295

and the manner of sharing the common expenses related to such

2296

facilities.

2297

     (c)  A statement of the minimum and maximum number of

2298

condominiums, and the minimum and maximum number of units in each

2299

of those condominiums, which will or may be operated by the

2300

association, and the latest date by which the exact number will

2301

be finally determined.

2302

     (d)  A statement as to whether any of the condominiums in

2303

the multicondominium may include units intended to be used for

2304

nonresidential purposes and the purpose or purposes permitted for

2305

such use.

2306

     (e)  A general description of the location and approximate

2307

acreage of any land on which any additional condominiums to be

2308

operated by the association may be located.

2309

     (16)  If the condominium is created by conversion of

2310

existing improvements, the following information shall be stated:

2311

     (a)  The information required by s. 718.616.

2312

     (b)  A caveat that there are no express warranties unless

2313

they are stated in writing by the developer.

2314

     (17)  A summary of the restrictions, if any, to be imposed

2315

on units concerning the use of any of the condominium property,

2316

including statements as to whether there are restrictions upon

2317

children and pets, and reference to the volumes and pages of the

2318

condominium documents where such restrictions are found, or if

2319

such restrictions are contained elsewhere, then a copy of the

2320

documents containing the restrictions shall be attached as an

2321

exhibit.

2322

     (18)  If there is any land that is offered by the developer

2323

for use by the unit owners and that is neither owned by them nor

2324

leased to them, the association, or any entity controlled by unit

2325

owners and other persons having the use rights to such land, a

2326

statement shall be made as to how such land will serve the

2327

condominium. If any part of such land will serve the condominium,

2328

the statement shall describe the land and the nature and term of

2329

service, and the declaration or other instrument creating such

2330

servitude shall be included as an exhibit.

2331

     (19)  The manner in which utility and other services,

2332

including, but not limited to, sewage and waste disposal, water

2333

supply, and storm drainage, will be provided and the person or

2334

entity furnishing them.

2335

     (20)  An explanation of the manner in which the

2336

apportionment of common expenses and ownership of the common

2337

elements has been determined.

2338

     (21)  An estimated operating budget for the condominium and

2339

the association, and a schedule of the unit owner's expenses

2340

shall be attached as an exhibit and shall contain the following

2341

information:

2342

     (a)  The estimated monthly and annual expenses of the

2343

condominium and the association that are collected from unit

2344

owners by assessments.

2345

     (b)  The estimated monthly and annual expenses of each unit

2346

owner for a unit, other than common expenses paid by all unit

2347

owners, payable by the unit owner to persons or entities other

2348

than the association, as well as to the association, including

2349

fees assessed pursuant to s. 718.113(1) for maintenance of

2350

limited common elements where such costs are shared only by those

2351

entitled to use the limited common element, and the total

2352

estimated monthly and annual expense. There may be excluded from

2353

this estimate expenses which are not provided for or contemplated

2354

by the condominium documents, including, but not limited to, the

2355

costs of private telephone; maintenance of the interior of

2356

condominium units, which is not the obligation of the

2357

association; maid or janitorial services privately contracted for

2358

by the unit owners; utility bills billed directly to each unit

2359

owner for utility services to his or her unit; insurance premiums

2360

other than those incurred for policies obtained by the

2361

condominium; and similar personal expenses of the unit owner. A

2362

unit owner's estimated payments for assessments shall also be

2363

stated in the estimated amounts for the times when they will be

2364

due.

2365

     (c)  The estimated items of expenses of the condominium and

2366

the association, except as excluded under paragraph (b),

2367

including, but not limited to, the following items, which shall

2368

be stated either as an association expense collectible by

2369

assessments or as unit owners' expenses payable to persons other

2370

than the association:

2371

     1.  Expenses for the association and condominium:

2372

     a.  Administration of the association.

2373

     b.  Management fees.

2374

     c.  Maintenance.

2375

     d.  Rent for recreational and other commonly used

2376

facilities.

2377

     e.  Taxes upon association property.

2378

     f.  Taxes upon leased areas.

2379

     g.  Insurance.

2380

     h.  Security provisions.

2381

     i.  Other expenses.