Florida Senate - 2008 CS for SB's 2086 & 2498
By the Committee on Regulated Industries; and Senators Jones and Bennett
580-05750-08 20082086c1
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A bill to be entitled
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An act relating to the Department of Business and
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Professional Regulation; amending s. 718.111, F.S.;
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requiring that hazard insurance be based upon the
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replacement cost of the property to be insured as
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determined by an independent insurance appraisal or update
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of a prior appraisal; requiring that the full insurable
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value be determined at specified intervals; providing a
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means by which an association may provide adequate hazard
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insurance; authorizing an association to consider certain
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information when determining coverage amounts; providing
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for coverage by developer-controlled associations;
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providing that policies may include deductibles as
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determined by the association's board of directors;
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providing requirements and guidelines for the
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establishment of such deductibles; requiring that the
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amounts of deductibles be set at a meeting of the board;
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providing requirements for such meeting; requiring that an
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association controlled by unit owners operating as a
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residential condominium use its best efforts to obtain and
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maintain adequate insurance to protect the association and
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property under its supervision or control; providing that
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a declaration of condominium may provide that condominium
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property consisting of freestanding buildings comprised of
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no more than one building in or on such unit need not be
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insured by the association if the declaration requires the
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unit owner to obtain adequate insurance for the
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condominium property; authorizing an association to obtain
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and maintain liability insurance for directors and
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officers, insurance for the benefit of association
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employees, and flood insurance for common elements,
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association property, and units; requiring that every
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hazard insurance policy issued or renewed on or after a
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specified date for the purpose of protecting the
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condominium provide certain coverage; requiring that such
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policies contain certain provisions; providing that such
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policies issued to individual unit owners do not provide
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rights of subrogation against the condominium association;
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providing for the insurance of improvements or additions
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benefiting fewer than all unit owners; requiring that an
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association require each owner to provide evidence of a
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current policy of hazard and liability insurance upon
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request; limiting the frequency with which an association
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may make such a request; authorizing an association to
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purchase coverage on behalf of an owner under certain
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circumstances; providing for the collection of the costs
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of such a policy; providing responsibilities of the unit
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owner and association with regard to reconstruction work
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and associated costs after a casualty loss; authorizing a
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multicondominium association to operate such condominiums
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as a single condominium for certain purposes by majority
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vote of the members of all applicable condominiums;
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providing that such election constitutes an amendment to
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the declaration of all applicable condominiums; requiring
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that an association maintain insurance or fidelity bonding
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for all persons who control or disburse association funds;
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requiring that such insurance policy or fidelity bond
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cover the maximum funds in the custody of the association
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or its management agent at any one time; defining the term
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"persons who control or disburse funds of the
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association"; authorizing an association to amend the
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declaration of condominium without regard to any
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requirement for approval by mortgagees of amendments
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affecting insurance requirements for the purpose of
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conforming the declaration of condominium to certain
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coverage requirements; providing that any portion of the
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condominium property required to be insured by the
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association against casualty loss which is damaged be
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reconstructed, repaired, or replaced as necessary by the
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association as a common expense; providing that all hazard
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insurance deductibles, uninsured losses, and other damages
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in excess of hazard insurance coverage under the hazard
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insurance policies maintained by the association are a
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common expense of the condominium; providing exceptions;
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allocating responsibility for certain costs of repair or
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reconstruction; authorizing an association to opt out of
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certain requirements related to such allocation of
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responsibility by majority vote; providing a procedure by
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which a multicondominium association that has not
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consolidated its financial operations may opt out of such
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allocation of responsibility; requiring that a decision to
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opt out be recorded; providing that such decision takes
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effect on the date on which it is recorded; authorizing
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the reversal of such decision; providing a procedure for
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reversal; providing that an association is not obligated
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to pay for any reconstruction or repair expenses for
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improvements made by an owner or the development if an
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improvement benefits only the unit for which it was
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installed; amending s. 718.115, F.S.; requiring that
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certain expenses be designated as common expenses;
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amending s. 718.116, F.S.; authorizing the designee of a
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unit owner or mortgagee to request a certificate of
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assessment; requiring that the fee for preparation of such
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certificate be stated on the certificate; providing for
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the establishment of such fees; providing for payment of
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the fee; requiring that the fee be refunded if a planned
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sale or mortgage does not occur; providing that any such
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refund is the obligation of the unit owner and is
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collectable in the same manner as an assessment; amending
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s. 718.117, F.S.; prohibiting the distribution of proceeds
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from the sale of a condominium unit to a lienholder from
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exceeding a unit owner's share of the proceeds; creating
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s. 720.30851, F.S.; requiring that the association provide
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a certificate signed by an officer or agent of the
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association stating all assessments and other moneys owed
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to the association by the parcel owner or mortgagee with
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respect to the parcel within a specified period after the
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association's receipt of a request for an estoppel
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certificate by an owner or mortgagee; providing that any
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person other than a parcel owner who relies upon a
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certificate receives the benefits and protection thereof;
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providing that a summary proceeding may be brought to
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compel the association to comply with the requirement to
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provide a certificate; providing that the prevailing party
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is entitled to recover reasonable attorney's fees;
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requiring that the fee for preparation of such certificate
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be stated on the certificate; providing for the
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establishment of such fees; providing for payment of the
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fee; requiring that the fee be refunded if a planned sale
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or mortgage does not occur; providing that any such refund
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is the obligation of the unit owner and is collectable in
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the same manner as an assessment; amending s. 20.165,
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F.S.; changing the name of the Division of Florida Land
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Sales, Condominiums, and Mobile Homes to the Division of
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Florida Condominiums, Timeshares, and Mobile Homes and the
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Division of Technology, Licensure, and Testing to the
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Division of Technology; amending s. 215.20, F.S.;
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conforming the name of the division's trust fund to
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correspond to the name change of the division; amending s.
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450.33, F.S.; removing the requirement for a farm labor
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contractor to file a set of fingerprints with the
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department; amending s. 455.203, F.S.; authorizing the
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department to close and terminate deficient license
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applications and to approve professional license
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applications meeting certain criteria; amending s.
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455.217, F.S.; conforming terminology to changes made by
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the act; amending s. 455.2273, F.S.; authorizing the
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section to apply to disciplinary guidelines adopted by all
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boards and divisions; amending s. 468.841, F.S.;
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clarifying exemption provisions for license provisions
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governing mold-related services; amending s. 475.17, F.S.;
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revising requirements for licensure as a real estate
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broker; amending s. 475.451, F.S.; deleting requirements
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relating to the submission of certain real estate course
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rosters to the department; amending s. 489.105, F.S.;
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clarifying that individuals and business entities that
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sell manufactured and factory-built buildings can legally
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enter into contracts for those sales; amending s. 489.511,
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F.S.; revising requirements for taking the electrical or
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alarm system contractor certification examination;
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providing requirements for certification; amending s.
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489.515, F.S.; revising requirements for certification as
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a certified contractor by the Electrical Contractors'
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Licensing Board to reflect changes made to s. 489.511,
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F.S., by this act; renumbering s. 498.009, F.S., relating
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to the location of the division's offices; amending and
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renumbering s. 498.011, F.S., relating to payment of per
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diem, mileage, and other expenses for division employees;
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providing for reimbursement of expenses for on-site
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review; deleting the expense reimbursement for inspection
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of subdivided lands; renumbering s. 498.013, F.S.,
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relating to the authentication of records; amending and
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renumbering s. 498.057, F.S., relating to service of
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process; deleting provision that service may be made by
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delivering a copy of the process to the division director;
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providing that the division can be the petitioner or the
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F.S., relating to regulation of land sales practices;
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amending s. 548.0065, F.S.; including amateur mixed
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martial arts in a provision relating to the authority of
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the Florida State Boxing Commission to suspend amateur
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matches for violation of certain health and safety
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standards; amending s. 548.008, F.S.; removing prohibition
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against holding amateur mixed martial arts matches in this
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state; amending s. 548.041, F.S.; providing additional
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licensure requirements for boxing participants; amending
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s. 718.501, F.S.; providing additional powers and duties
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of the division; providing for additional enforcement
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proceedings for carrying out the purposes of ch. 718,
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F.S.; deleting the payment of money by a developer to a
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condominium association as a permissible affirmative
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action; providing for actions of conservator or receiver;
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providing for application to circuit court for an order of
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restitution; providing for imposition of civil penalties
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and award of court costs, attorney's fees, and costs of
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investigation under certain circumstances; providing for
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contracting for investigative services; providing for
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acceptance of grants-in-aid; requiring the cooperation
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with similar agencies on establishment of certain
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procedures, standards, and forms; providing what
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constitutes completeness of notice; authorizing the
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division to issue a notice to show cause; providing
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conforming changes; amending s. 718.509, F.S.; revising to
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incorporate provisions of s. 498.019, F.S., relating to
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the Division of Florida Condominiums, Timeshares, and
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Mobile Homes Trust Fund; revising provisions to conform to
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the change in division name; providing for the deposit of
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moneys resulting from an administrative final order;
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amending s. 721.03, F.S.; clarifying that timeshare plan
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includes a nonspecific multisite timeshare plan; amending
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723.0611, F.S., to conform; providing effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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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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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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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.
468
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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
491
where there is no more than one building in or on such unit need
492
not be insured by the association if the declaration requires the
493
unit owner to obtain adequate insurance for the condominium
494
property. An association may also obtain and maintain liability
495
insurance for directors and officers, insurance for the benefit
496
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
511
model that has been accepted by the Florida Commission on
512
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
520
for the purposes of this section. A copy of each policy of
521
insurance in effect shall be made available for inspection by
522
unit owners at reasonable times.
523
(b) Every hazard insurance policy issued or renewed on or
524
after January 1, 2004, to protect the condominium shall provide
525
primary coverage for:
526
1. All portions of the condominium property located outside
527
the units;
528
2. The condominium property located inside the units as
529
such property was initially installed, or replacements thereof of
530
like kind and quality and in accordance with the original plans
531
and specifications or, if the original plans and specifications
532
are not available, as they existed at the time the unit was
533
initially conveyed; and
534
3. All portions of the condominium property for which the
535
declaration of condominium requires coverage by the association.
536
537
Anything to the contrary notwithstanding, the terms "condominium
538
property," "building," "improvements," "insurable improvements,"
539
"common elements," "association property," or any other term
540
found in the declaration of condominium which defines the scope
541
of property or casualty insurance that a condominium association
542
must obtain shall exclude all floor, wall, and ceiling coverings,
543
electrical fixtures, appliances, air conditioner or heating
544
equipment, water heaters, water filters, built-in cabinets and
545
countertops, and window treatments, including curtains, drapes,
546
blinds, hardware, and similar window treatment components, or
547
replacements of any of the foregoing which are located within the
548
boundaries of a unit and serve only one unit and all air
549
conditioning compressors that service only an individual unit,
550
whether or not located within the unit boundaries. The foregoing
551
is intended to establish the property or casualty insuring
552
responsibilities of the association and those of the individual
553
unit owner and do not serve to broaden or extend the perils of
554
coverage afforded by any insurance contract provided to the
555
individual unit owner. Beginning January 1, 2004, the association
556
shall have the authority to amend the declaration of condominium,
557
without regard to any requirement for mortgagee approval of
558
amendments affecting insurance requirements, to conform the
559
declaration of condominium to the coverage requirements of this
560
section.
561
(c) Every hazard insurance policy issued or renewed on or
562
after January 1, 2004, to an individual unit owner shall provide
563
that the coverage afforded by such policy is excess over the
564
amount recoverable under any other policy covering the same
565
property. Each insurance policy issued to an individual unit
566
owner providing such coverage shall be without rights of
567
subrogation against the condominium association that operates the
568
condominium in which such unit owner's unit is located. All real
569
or personal property located within the boundaries of the unit
570
owner's unit which is excluded from the coverage to be provided
571
by the association as set forth in paragraph (b) shall be insured
572
by the individual unit owner.
573
(d) The association shall obtain and maintain adequate
574
insurance or fidelity bonding of all persons who control or
575
disburse funds of the association. The insurance policy or
576
fidelity bond must cover the maximum funds that will be in the
577
custody of the association or its management agent at any one
578
time. As used in this paragraph, the term "persons who control or
579
disburse funds of the association" includes, but is not limited
580
to, those individuals authorized to sign checks and the
581
president, secretary, and treasurer of the association. The
582
association shall bear the cost of bonding.
583
Section 2. Paragraph (a) of subsection (1) of section
584
718.115, Florida Statutes, is amended to read:
585
718.115 Common expenses and common surplus.--
586
(1)(a) Common expenses include the expenses of the
587
operation, maintenance, repair, replacement, or protection of the
588
common elements and association property, costs of carrying out
589
the powers and duties of the association, and any other expense,
590
whether or not included in the foregoing, designated as common
591
expense by this chapter, the declaration, the documents creating
592
the association, or the bylaws. Common expenses also include
593
reasonable transportation services, insurance for directors and
594
officers, road maintenance and operation expenses, in-house
595
communications, and security services, which are reasonably
596
related to the general benefit of the unit owners even if such
597
expenses do not attach to the common elements or property of the
598
condominium. However, such common expenses must either have been
599
services or items provided on or after the date control of the
600
association is transferred from the developer to the unit owners
601
or must be services or items provided for in the condominium
602
documents or bylaws. Unless the manner of payment or allocation
603
of expenses is otherwise addressed in the declaration of
604
condominium, the expenses of any items or services required by
605
any federal, state, or local governmental entity to be installed,
606
maintained, or supplied to the condominium property by the
607
association, including, but not limited to, fire safety equipment
608
or water and sewer service where a master meter serves the
609
condominium, shall be common expenses whether or not such items
610
or services are specifically identified as common expenses in the
611
declaration of condominium, articles of incorporation, or bylaws
612
of the association.
613
Section 3. Subsection (8) of section 718.116, Florida
614
Statutes, is amended to read:
615
718.116 Assessments; liability; lien and priority;
616
interest; collection.--
617
(8) Within 15 days after receiving a written request
618
therefor from a unit owner or his or her designee purchaser, or
619
a unit mortgagee or his or her designee, the association shall
620
provide a certificate signed by an officer or agent of the
621
association stating all assessments and other moneys owed to the
622
association by the unit owner with respect to the condominium
623
parcel.
624
(a) Any person other than the owner who relies upon such
625
certificate shall be protected thereby.
626
(b) A summary proceeding pursuant to s. 51.011 may be
627
brought to compel compliance with this subsection, and in any
628
such action the prevailing party is entitled to recover
629
reasonable attorney's fees.
630
(c) Notwithstanding any limitation on transfer fees
631
contained in s. 718.112(2)(i), the association or its authorized
632
agent may charge a reasonable fee for the preparation of the
633
certificate. The amount of the fee must be included on the
634
certificate.
635
(d) The authority to charge a fee under this section shall
636
be established by written resolution adopted by the board or
637
provided by written management, bookkeeping, or maintenance
638
contract. The fee is payable upon the preparation of the
639
certificate, and if the certificate is requested in conjunction
640
with the sale or mortgage of a unit and the closing does not
641
occur, the fee shall be refunded promptly upon written notice
642
from the person requesting the certificate stating that the sale
643
or mortgage did not occur. Any such refund is the obligation of
644
the unit owner and is collectable in the same manner as an
645
assessment as provided in this section.
646
Section 4. Paragraph (c) of subsection (17) of section
647
718.117, Florida Statutes, is amended to read:
648
718.117 Termination of condominium.--
649
(17) DISTRIBUTION.--
650
(c) The proceeds from any sale of condominium property or
651
association property and any remaining condominium property or
652
association property, common surplus, and other assets shall be
653
distributed in the following priority:
654
1. To pay the reasonable termination trustee's fees and
655
costs and accounting fees and costs.
656
2. To lienholders of liens recorded prior to the recording
657
of the declaration.
658
3. To purchase-money lienholders on units to the extent
659
necessary to satisfy their liens; however, the distribution may
660
not exceed a unit owner's share of the proceeds.
661
4. To lienholders of liens of the association which have
662
been consented to under s. 718.121(1).
663
5. To creditors of the association, as their interests
664
appear.
665
6. To unit owners, the proceeds of any sale of condominium
666
property subject to satisfaction of liens on each unit in their
667
order of priority, in shares specified in the plan of
668
termination, unless objected to by a unit owner or lienor as
669
provided in paragraph (b).
670
7. To unit owners, the remaining condominium property,
671
subject to satisfaction of liens on each unit in their order of
672
priority, in shares specified in the plan of termination, unless
673
objected to by a unit owner or a lienor as provided in paragraph
674
(b).
675
8. To unit owners, the proceeds of any sale of association
676
property, the remaining association property, common surplus, and
677
other assets of the association, subject to satisfaction of liens
678
on each unit in their order of priority, in shares specified in
679
the plan of termination, unless objected to by a unit owner or a
680
lienor as provided in paragraph (b).
681
Section 5. Section 720.30851, Florida Statutes, is created
682
to read:
683
720.30851 Estoppel certificates.--Within 15 days after the
684
date on which a request for an estoppel certificate is received
685
from a parcel owner or mortgagee, or his or her designee, the
686
association shall provide a certificate signed by an officer or
687
authorized agent of the association stating all assessments and
688
other moneys owed to the association by the parcel owner or
689
mortgagee with respect to the parcel. An association may charge a
690
fee for the preparation of such certificate, and the amount of
691
such fee must be stated on the certificate.
692
(1) Any person other than a parcel owner who relies upon a
693
certificate receives the benefits and protection thereof.
694
(2) A summary proceeding pursuant to s. 51.011 may be
695
brought to compel compliance with this section, and the
696
prevailing party is entitled to recover reasonable attorney's
697
fees.
698
(3) The authority to charge a fee for a certificate
699
required by this section shall be established by written
700
resolution adopted by the board or provided by written
701
management, bookkeeping, or maintenance contract. The fee is
702
payable upon the preparation of the certificate, and, if the
703
certificate is requested in conjunction with the sale or mortgage
704
of a unit and the closing does not occur, the fee shall be
705
refunded promptly upon written notice from the person requesting
706
the certificate stating that the sale or mortgage did not occur.
707
Any such refund is the obligation of the unit owner and is
708
collectible in the same manner as an assessment as provided in
709
this section.
710
Section 6. Paragraphs (d) and (j) of subsection (2) of
711
section 20.165, Florida Statutes, are amended to read:
712
20.165 Department of Business and Professional
713
Regulation.--There is created a Department of Business and
714
Professional Regulation.
715
(2) The following divisions of the Department of Business
716
and Professional Regulation are established:
717
(d) Division of Florida Land Sales, Condominiums,
718
Timeshares, and Mobile Homes.
719
(j) Division of Technology, Licensure, and Testing.
720
Section 7. Subsection (2) of section 73.073, Florida
721
Statutes, is amended to read:
722
73.073 Eminent domain procedure with respect to condominium
723
common elements.--
724
(2) With respect to the exercise of eminent domain or a
725
negotiated sale for the purchase or taking of a portion of the
726
common elements of a condominium, the condemning authority shall
727
have the responsibility of contacting the condominium association
728
and acquiring the most recent rolls indicating the names of the
729
unit owners or contacting the appropriate taxing authority to
730
obtain the names of the owners of record on the tax rolls.
731
Notification shall thereupon be sent by certified mail, return
732
receipt requested, to the unit owners of record of the
733
condominium units by the condemning authority indicating the
734
intent to purchase or take the required property and requesting a
735
response from the unit owner. The condemning authority shall be
736
responsible for the expense of sending notification pursuant to
737
this section. Such notice shall, at a minimum, include:
738
(a) The name and address of the condemning authority.
739
(b) A written or visual description of the property.
740
(c) The public purpose for which the property is needed.
741
(d) The appraisal value of the property.
742
(e) A clear, concise statement relating to the unit owner's
743
right to object to the taking or appraisal value and the
744
procedures and effects of exercising that right.
745
(f) A clear, concise statement relating to the power of the
746
association to convey the property on behalf of the unit owners
747
if no objection to the taking or appraisal value is raised, and
748
the effects of this alternative on the unit owner.
749
750
The Division of Florida Land Sales, Condominiums, Timeshares, and
751
Mobile Homes of the Department of Business and Professional
752
Regulation may adopt, by rule, a standard form for such notice
753
and may require the notice to include any additional relevant
754
information.
755
Section 8. Subsections (2) and (3) of section 190.009,
756
Florida Statutes, are amended to read:
757
190.009 Disclosure of public financing.--
758
(2) The Division of Florida Land Sales, Condominiums, and
759
Mobile Homes of the Department of Business and Professional
760
Regulation shall ensure that disclosures made by developers
761
pursuant to chapter 498 meet the requirements of subsection (1).
762
(2)(3) The Department of Community Affairs shall keep a
763
current list of districts and their disclosures pursuant to this
764
act and shall make such studies and reports and take such actions
765
as it deems necessary.
766
Section 9. Paragraph (e) of subsection (6) of section
767
192.037, Florida Statutes, is amended to read:
768
192.037 Fee timeshare real property; taxes and assessments;
769
escrow.--
770
(6)
771
(e) On or before May 1 of each year, a statement of
772
receipts and disbursements of the escrow account must be filed
773
with the Division of Florida Land Sales, Condominiums,
774
Timeshares, and Mobile Homes of the Department of Business and
775
Professional Regulation, which may enforce this paragraph
776
pursuant to s. 721.26. This statement must appropriately show the
777
amount of principal and interest in such account.
778
Section 10. Paragraph (i) of subsection (8) of section
779
213.053, Florida Statutes, is amended to read:
780
213.053 Confidentiality and information sharing.--
781
(8) Notwithstanding any other provision of this section,
782
the department may provide:
783
(i) Information relative to chapters 212 and 326 to the
784
Division of Florida Land Sales, Condominiums, Timeshares, and
785
Mobile Homes of the Department of Business and Professional
786
Regulation in the conduct of its official duties.
787
788
Disclosure of information under this subsection shall be pursuant
789
to a written agreement between the executive director and the
790
agency. Such agencies, governmental or nongovernmental, shall be
791
bound by the same requirements of confidentiality as the
792
Department of Revenue. Breach of confidentiality is a misdemeanor
793
of the first degree, punishable as provided by s. 775.082 or s.
794
795
Section 11. Paragraph (d) of subsection (4) of section
796
215.20, Florida Statutes, is amended to read:
797
215.20 Certain income and certain trust funds to contribute
798
to the General Revenue Fund.--
799
(4) The income of a revenue nature deposited in the
800
following described trust funds, by whatever name designated, is
801
that from which the appropriations authorized by subsection (3)
802
shall be made:
803
(d) Within the Department of Business and Professional
804
Regulation:
805
1. The Administrative Trust Fund.
806
2. The Alcoholic Beverage and Tobacco Trust Fund.
807
3. The Cigarette Tax Collection Trust Fund.
808
4. The Division of Florida Land Sales, Condominiums,
809
Timeshares, and Mobile Homes Trust Fund.
810
5. The Hotel and Restaurant Trust Fund, with the exception
811
of those fees collected for the purpose of funding of the
812
hospitality education program as stated in s. 509.302.
813
6. The Professional Regulation Trust Fund.
814
7. The trust funds administered by the Division of Pari-
815
mutuel Wagering.
816
817
The enumeration of the foregoing moneys or trust funds shall not
818
prohibit the applicability thereto of s. 215.24 should the
819
Governor determine that for the reasons mentioned in s. 215.24
820
the money or trust funds should be exempt herefrom, as it is the
821
purpose of this law to exempt income from its force and effect
822
when, by the operation of this law, federal matching funds or
823
contributions or private grants to any trust fund would be lost
824
to the state.
825
Section 12. Subsection (2) of section 326.002, Florida
826
Statutes, is amended to read:
828
term:
829
(2) "Division" means the Division of Florida Land Sales,
830
Condominiums, Timeshares, and Mobile Homes of the Department of
831
Business and Professional Regulation.
832
Section 13. Paragraph (d) of subsection (2) and subsection
833
(3) of section 326.006, Florida Statutes, are amended to read:
834
326.006 Powers and duties of division.--
835
(2) The division has the power to enforce and ensure
836
compliance with the provisions of this chapter and rules adopted
837
under this chapter relating to the sale and ownership of yachts
838
and ships. In performing its duties, the division has the
839
following powers and duties:
840
(d) Notwithstanding any remedies available to a yacht or
841
ship purchaser, if the division has reasonable cause to believe
842
that a violation of any provision of this chapter or rule adopted
843
under this chapter has occurred, the division may institute
844
enforcement proceedings in its own name against any broker or
845
salesperson or any of his or her assignees or agents, or against
846
any unlicensed person or any of his or her assignees or agents,
847
as follows:
848
1. The division may permit a person whose conduct or
849
actions are under investigation to waive formal proceedings and
850
enter into a consent proceeding whereby orders, rules, or letters
851
of censure or warning, whether formal or informal, may be entered
852
against the person.
853
2. The division may issue an order requiring the broker or
854
salesperson or any of his or her assignees or agents, or
855
requiring any unlicensed person or any of his or her assignees or
856
agents, to cease and desist from the unlawful practice and take
857
such affirmative action as in the judgment of the division will
858
carry out the purposes of this chapter.
859
3. The division may bring an action in circuit court on
860
behalf of a class of yacht or ship purchasers for declaratory
861
relief, injunctive relief, or restitution.
862
4. The division may impose a civil penalty against a broker
863
or salesperson or any of his or her assignees or agents, or
864
against an unlicensed person or any of his or her assignees or
865
agents, for any violation of this chapter or a rule adopted under
866
this chapter. A penalty may be imposed for each day of continuing
867
violation, but in no event may the penalty for any offense exceed
868
$10,000. All amounts collected must be deposited with the Chief
869
Financial Officer to the credit of the Division of Florida Land
870
Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
871
a broker, salesperson, or unlicensed person working for a broker,
872
fails to pay the civil penalty, the division shall thereupon
873
issue an order suspending the broker's license until such time as
874
the civil penalty is paid or may pursue enforcement of the
875
penalty in a court of competent jurisdiction. The order imposing
876
the civil penalty or the order of suspension may not become
877
effective until 20 days after the date of such order. Any action
878
commenced by the division must be brought in the county in which
879
the division has its executive offices or in the county where the
880
violation occurred.
881
(3) All fees must be deposited in the Division of Florida
882
Land Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund
883
as provided by law.
884
Section 14. Subsection (18) of section 380.05, Florida
885
Statutes, is amended to read:
886
380.05 Areas of critical state concern.--
887
(18) Neither the designation of an area of critical state
888
concern nor the adoption of any regulations for such an area
889
shall in any way limit or modify the rights of any person to
890
complete any development that was has been authorized by
891
registration of a subdivision pursuant to former chapter 498 or
892
former chapter 478, by recordation pursuant to local subdivision
893
plat law, or by a building permit or other authorization to
894
commence development on which there has been reliance and a
895
change of position, and which registration or recordation was
896
accomplished, or which permit or authorization was issued, prior
897
to the approval under subsection (6), or the adoption under
898
subsection (8), of land development regulations for the area of
899
critical state concern. If a developer has by his or her actions
900
in reliance on prior regulations obtained vested or other legal
901
rights that in law would have prevented a local government from
902
changing those regulations in a way adverse to the developer's
903
interests, nothing in this chapter authorizes any governmental
904
agency to abridge those rights.
905
Section 15. Subsection (20) of section 380.06, Florida
906
Statutes, is amended to read:
907
380.06 Developments of regional impact.--
908
(20) VESTED RIGHTS.--Nothing in this section shall limit or
909
modify the rights of any person to complete any development that
910
was has been authorized by registration of a subdivision pursuant
911
to former chapter 498, by recordation pursuant to local
912
subdivision plat law, or by a building permit or other
913
authorization to commence development on which there has been
914
reliance and a change of position and which registration or
915
recordation was accomplished, or which permit or authorization
916
was issued, prior to July 1, 1973. If a developer has, by his or
917
her actions in reliance on prior regulations, obtained vested or
918
other legal rights that in law would have prevented a local
919
government from changing those regulations in a way adverse to
920
the developer's interests, nothing in this chapter authorizes any
921
governmental agency to abridge those rights.
922
(a) For the purpose of determining the vesting of rights
923
under this subsection, approval pursuant to local subdivision
924
plat law, ordinances, or regulations of a subdivision plat by
925
formal vote of a county or municipal governmental body having
926
jurisdiction after August 1, 1967, and prior to July 1, 1973, is
927
sufficient to vest all property rights for the purposes of this
928
subsection; and no action in reliance on, or change of position
929
concerning, such local governmental approval is required for
930
vesting to take place. Anyone claiming vested rights under this
931
paragraph must so notify the department in writing by January 1,
932
1986. Such notification shall include information adequate to
933
document the rights established by this subsection. When such
934
notification requirements are met, in order for the vested rights
935
authorized pursuant to this paragraph to remain valid after June
936
30, 1990, development of the vested plan must be commenced prior
937
to that date upon the property that the state land planning
938
agency has determined to have acquired vested rights following
939
the notification or in a binding letter of interpretation. When
940
the notification requirements have not been met, the vested
941
rights authorized by this paragraph shall expire June 30, 1986,
942
unless development commenced prior to that date.
943
(b) For the purpose of this act, the conveyance of, or the
944
agreement to convey, property to the county, state, or local
945
government as a prerequisite to zoning change approval shall be
946
construed as an act of reliance to vest rights as determined
947
under this subsection, provided such zoning change is actually
948
granted by such government.
949
Section 16. Paragraph (a) of subsection (4) of section
950
380.0651, Florida Statutes, is amended to read:
951
380.0651 Statewide guidelines and standards.--
952
(4) Two or more developments, represented by their owners
953
or developers to be separate developments, shall be aggregated
954
and treated as a single development under this chapter when they
955
are determined to be part of a unified plan of development and
956
are physically proximate to one other.
957
(a) The criteria of two of the following subparagraphs must
958
be met in order for the state land planning agency to determine
959
that there is a unified plan of development:
960
1.a. The same person has retained or shared control of the
961
developments;
962
b. The same person has ownership or a significant legal or
963
equitable interest in the developments; or
964
c. There is common management of the developments
965
controlling the form of physical development or disposition of
966
parcels of the development.
967
2. There is a reasonable closeness in time between the
968
completion of 80 percent or less of one development and the
969
submission to a governmental agency of a master plan or series of
970
plans or drawings for the other development which is indicative
971
of a common development effort.
972
3. A master plan or series of plans or drawings exists
973
covering the developments sought to be aggregated which have been
974
submitted to a local general-purpose government, water management
975
district, the Florida Department of Environmental Protection, or
976
the Division of Florida Land Sales, Condominiums, Timeshares, and
977
Mobile Homes for authorization to commence development. The
978
existence or implementation of a utility's master utility plan
979
required by the Public Service Commission or general-purpose
980
local government or a master drainage plan shall not be the sole
981
determinant of the existence of a master plan.
982
4. The voluntary sharing of infrastructure that is
983
indicative of a common development effort or is designated
984
specifically to accommodate the developments sought to be
985
aggregated, except that which was implemented because it was
986
required by a local general-purpose government; water management
987
district; the Department of Environmental Protection; the
988
Division of Florida Land Sales, Condominiums, Timeshares, and
989
Mobile Homes; or the Public Service Commission.
990
5. There is a common advertising scheme or promotional plan
991
in effect for the developments sought to be aggregated.
992
Section 17. Paragraph (c) of subsection (4) of section
993
381.0065, Florida Statutes, is amended to read:
994
381.0065 Onsite sewage treatment and disposal systems;
995
regulation.--
996
(4) PERMITS; INSTALLATION; AND CONDITIONS.--A person may
997
not construct, repair, modify, abandon, or operate an onsite
998
sewage treatment and disposal system without first obtaining a
999
permit approved by the department. The department may issue
1000
permits to carry out this section, but shall not make the
1001
issuance of such permits contingent upon prior approval by the
1002
Department of Environmental Protection, except that the issuance
1003
of a permit for work seaward of the coastal construction control
1004
line established under s. 161.053 shall be contingent upon
1005
receipt of any required coastal construction control line permit
1006
from the Department of Environmental Protection. A construction
1007
permit is valid for 18 months from the issuance date and may be
1008
extended by the department for one 90-day period under rules
1009
adopted by the department. A repair permit is valid for 90 days
1010
from the date of issuance. An operating permit must be obtained
1011
prior to the use of any aerobic treatment unit or if the
1012
establishment generates commercial waste. Buildings or
1013
establishments that use an aerobic treatment unit or generate
1014
commercial waste shall be inspected by the department at least
1015
annually to assure compliance with the terms of the operating
1016
permit. The operating permit for a commercial wastewater system
1017
is valid for 1 year from the date of issuance and must be renewed
1018
annually. The operating permit for an aerobic treatment unit is
1019
valid for 2 years from the date of issuance and must be renewed
1020
every 2 years. If all information pertaining to the siting,
1021
location, and installation conditions or repair of an onsite
1022
sewage treatment and disposal system remains the same, a
1023
construction or repair permit for the onsite sewage treatment and
1024
disposal system may be transferred to another person, if the
1025
transferee files, within 60 days after the transfer of ownership,
1026
an amended application providing all corrected information and
1027
proof of ownership of the property. There is no fee associated
1028
with the processing of this supplemental information. A person
1029
may not contract to construct, modify, alter, repair, service,
1030
abandon, or maintain any portion of an onsite sewage treatment
1031
and disposal system without being registered under part III of
1032
chapter 489. A property owner who personally performs
1033
construction, maintenance, or repairs to a system serving his or
1034
her own owner-occupied single-family residence is exempt from
1035
registration requirements for performing such construction,
1036
maintenance, or repairs on that residence, but is subject to all
1037
permitting requirements. A municipality or political subdivision
1038
of the state may not issue a building or plumbing permit for any
1039
building that requires the use of an onsite sewage treatment and
1040
disposal system unless the owner or builder has received a
1041
construction permit for such system from the department. A
1042
building or structure may not be occupied and a municipality,
1043
political subdivision, or any state or federal agency may not
1044
authorize occupancy until the department approves the final
1045
installation of the onsite sewage treatment and disposal system.
1046
A municipality or political subdivision of the state may not
1047
approve any change in occupancy or tenancy of a building that
1048
uses an onsite sewage treatment and disposal system until the
1049
department has reviewed the use of the system with the proposed
1050
change, approved the change, and amended the operating permit.
1051
(c) Notwithstanding the provisions of paragraphs (a) and
1052
(b), for subdivisions platted of record on or before October 1,
1053
1991, when a developer or other appropriate entity has previously
1054
made or makes provisions, including financial assurances or other
1055
commitments, acceptable to the Department of Health, that a
1056
central water system will be installed by a regulated public
1057
utility based on a density formula, private potable wells may be
1058
used with onsite sewage treatment and disposal systems until the
1059
agreed-upon densities are reached. The department may consider
1060
assurances filed with the Department of Business and Professional
1061
Regulation under chapter 498 in determining the adequacy of the
1062
financial assurance required by this paragraph. In a subdivision
1063
regulated by this paragraph, the average daily sewage flow may
1064
not exceed 2,500 gallons per acre per day. This section does not
1065
affect the validity of existing prior agreements. After October
1066
1, 1991, the exception provided under this paragraph is not
1067
available to a developer or other appropriate entity.
1068
Section 18. Subsections (8) through (12) of section 450.33,
1069
Florida Statutes, are amended to read:
1070
450.33 Duties of farm labor contractor.--Every farm labor
1071
contractor must:
1072
(8) File, within such time as the department may prescribe,
1073
a set of his or her fingerprints.
1074
(8)(9) Produce evidence to the department that each vehicle
1075
he or she uses for the transportation of employees complies with
1076
the requirements and specifications established in chapter 316,
1077
s. 316.622, or Pub. L. No. 93-518 as amended by Pub. L. No. 97-
1078
470 meeting Department of Transportation requirements or, in lieu
1079
thereof, bears a valid inspection sticker showing that the
1080
vehicle has passed the inspection in the state in which the
1081
vehicle is registered.
1082
(9)(10) Comply with all applicable statutes, rules, and
1083
regulations of the United States and of the State of Florida for
1084
the protection or benefit of labor, including, but not limited
1085
to, those providing for wages, hours, fair labor standards,
1086
social security, workers' compensation, unemployment
1087
compensation, child labor, and transportation.
1088
(10)(11) Maintain accurate daily field records for each
1089
employee actually paid by the farm labor contractor reflecting
1090
the hours worked for the farm labor contractor and, if paid by
1091
unit, the number of units harvested and the amount paid per unit.
1092
(11)(12) Clearly display on each vehicle used to transport
1093
migrant or seasonal farm workers a display sticker issued by the
1094
department, which states that the vehicle is authorized by the
1095
department to transport farm workers and the expiration date of
1096
the authorization.
1097
Section 19. Subsection (10) is added to section 455.203,
1098
Florida Statutes, to read:
1099
455.203 Department; powers and duties.--The department, for
1100
the boards under its jurisdiction, shall:
1101
(10) Have authority to:
1102
(a) Close and terminate deficient license application files
1103
2 years after the board or the department notifies the applicant
1104
of the deficiency; and
1105
(b) Approve applications for professional licenses that
1106
meet all statutory and rule requirements for licensure.
1107
Section 20. Subsection (5) of section 455.116, Florida
1108
Statutes, is amended to read:
1109
455.116 Regulation trust funds.--The following trust funds
1110
shall be placed in the department:
1111
(5) Division of Florida Land Sales, Condominiums,
1112
Timeshares, and Mobile Homes Trust Fund.
1113
Section 21. Subsection (1) of section 455.217, Florida
1114
Statutes, is amended to read:
1115
455.217 Examinations.--This section shall be read in
1116
conjunction with the appropriate practice act associated with
1117
each regulated profession under this chapter.
1118
(1) The Division of Technology, Licensure, and Testing of
1119
the Department of Business and Professional Regulation shall
1120
provide, contract, or approve services for the development,
1121
preparation, administration, scoring, score reporting, and
1122
evaluation of all examinations. The division shall seek the
1123
advice of the appropriate board in providing such services.
1124
(a) The department, acting in conjunction with the Division
1125
of Technology, Licensure, and Testing and the Division of Real
1126
Estate, as appropriate, shall ensure that examinations adequately
1127
and reliably measure an applicant's ability to practice the
1128
profession regulated by the department. After an examination
1129
developed or approved by the department has been administered,
1130
the board or department may reject any question which does not
1131
reliably measure the general areas of competency specified in the
1132
rules of the board or department, when there is no board. The
1133
department shall use professional testing services for the
1134
development, preparation, and evaluation of examinations, when
1135
such services are available and approved by the board.
1136
(b) For each examination developed by the department or
1137
contracted vendor, to the extent not otherwise specified by
1138
statute, the board or the department when there is no board,
1139
shall by rule specify the general areas of competency to be
1140
covered by the examination, the relative weight to be assigned in
1141
grading each area tested, the score necessary to achieve a
1142
passing grade, and the fees, where applicable, to cover the
1143
actual cost for any purchase, development, and administration of
1144
the required examination. However, statutory fee caps in each
1145
practice act shall apply. This subsection does not apply to
1146
national examinations approved and administered pursuant to
1147
paragraph (d).
1148
(c) If a practical examination is deemed to be necessary,
1149
rules shall specify the criteria by which examiners are to be
1150
selected, the grading criteria to be used by the examiner, the
1151
relative weight to be assigned in grading each criterion, and the
1152
score necessary to achieve a passing grade. When a mandatory
1153
standardization exercise for a practical examination is required
1154
by law, the board may conduct such exercise. Therefore, board
1155
members may serve as examiners at a practical examination with
1156
the consent of the board.
1157
(d) A board, or the department when there is no board, may
1158
approve by rule the use of any national examination which the
1159
department has certified as meeting requirements of national
1160
examinations and generally accepted testing standards pursuant to
1161
department rules. Providers of examinations, which may be either
1162
profit or nonprofit entities, seeking certification by the
1163
department shall pay the actual costs incurred by the department
1164
in making a determination regarding the certification. The
1165
department shall use any national examination which is available,
1166
certified by the department, and approved by the board. The name
1167
and number of a candidate may be provided to a national
1168
contractor for the limited purpose of preparing the grade tape
1169
and information to be returned to the board or department or, to
1170
the extent otherwise specified by rule, the candidate may apply
1171
directly to the vendor of the national examination. The
1172
department may delegate to the board the duty to provide and
1173
administer the examination. Any national examination approved by
1174
a board, or the department when there is no board, prior to
1175
October 1, 1997, is deemed certified under this paragraph. Any
1176
licensing or certification examination that is not developed or
1177
administered by the department in-house or provided as a national
1178
examination shall be competitively bid.
1179
(e) The department shall adopt rules regarding the security
1180
and monitoring of examinations. In order to maintain the security
1181
of examinations, the department may employ the procedures set
1182
forth in s. 455.228 to seek fines and injunctive relief against
1183
an examinee who violates the provisions of s. 455.2175 or the
1184
rules adopted pursuant to this paragraph. The department, or any
1185
agent thereof, may, for the purposes of investigation, confiscate
1186
any written, photographic, or recording material or device in the
1187
possession of the examinee at the examination site which the
1188
department deems necessary to enforce such provisions or rules.
1189
(f) If the professional board with jurisdiction over an
1190
examination concurs, the department may, for a fee, share with
1191
any other state's licensing authority an examination developed by
1192
or for the department unless prohibited by a contract entered
1193
into by the department for development or purchase of the
1194
examination. The department, with the concurrence of the
1195
appropriate board, shall establish guidelines that ensure
1196
security of a shared exam and shall require that any other
1197
state's licensing authority comply with those guidelines. Those
1198
guidelines shall be approved by the appropriate professional
1199
board. All fees paid by the user shall be applied to the
1200
department's examination and development program for professions
1201
regulated by this chapter. All fees paid by the user for
1202
professions not regulated by this chapter shall be applied to
1203
offset the fees for the development and administration of that
1204
profession's examination. If both a written and a practical
1205
examination are given, an applicant shall be required to retake
1206
only the portion of the examination for which he or she failed to
1207
achieve a passing grade, if he or she successfully passes that
1208
portion within a reasonable time of his or her passing the other
1209
portion.
1210
Section 22. Subsection (6) is added to section 455.2273,
1211
Florida Statutes, to read:
1212
455.2273 Disciplinary guidelines.--
1213
(6) Notwithstanding s. 455.017, this section applies to
1214
disciplinary guidelines adopted by all boards or divisions within
1215
the department.
1216
Section 23. Effective July 1, 2010, paragraph (d) of
1217
subsection (1) and paragraph (d) of subsection (2) of section
1218
468.841, Florida Statutes, are amended to read:
1219
468.841 Exemptions.--
1220
(1) The following persons are not required to comply with
1221
any provisions of this part relating to mold assessment:
1222
(d) Persons or business organizations acting within the
1223
scope of the respective licenses required under chapter 471, part
1224
I of chapter 481, chapter 482, or chapter 489, or part XV of this
1225
chapter, are acting on behalf of an insurer under part VI of
1226
chapter 626, or are persons in the manufactured housing industry
1227
who are licensed under chapter 320, except when any such persons
1228
or business organizations hold themselves out for hire to the
1229
public as a "certified mold assessor remediator," "registered
1230
mold assessor remediator," "licensed mold assessor remediator,"
1231
"mold assessor remediator," "professional mold assessor
1232
remediator," or any combination thereof stating or implying
1233
licensure under this part.
1234
(2) The following persons are not required to comply with
1235
any provisions of this part relating to mold remediation:
1236
(d) Persons or business organizations that are acting
1237
within the scope of the respective licenses required under
1238
chapter 471, part I of chapter 481, chapter 482, or chapter 489,
1239
or part XV of this chapter, are acting on behalf of an insurer
1240
under part VI of chapter 626, or are persons in the manufactured
1241
housing industry who are licensed under chapter 320, except when
1242
any such persons or business organizations hold themselves out
1243
for hire to the public as a "certified mold remediator assessor,"
1244
"registered mold remediator assessor," "licensed mold remediator
1245
assessor," "mold remediator assessor," "professional mold
1246
remediator assessor," or any combination thereof stating or
1247
implying licensure under this part.
1248
Section 24. Paragraph (b) of subsection (2) of section
1249
475.17, Florida Statutes, is amended to read:
1250
475.17 Qualifications for practice.--
1251
(2)
1252
(b) A person may not be licensed as a real estate broker
1253
unless, in addition to the other requirements of law, the person
1254
has held:
1255
1. An active real estate sales associate's license for at
1256
least 24 12 months during the preceding 5 years in the office of
1257
one or more real estate brokers licensed in this state or any
1258
other state, territory, or jurisdiction of the United States or
1259
in any foreign national jurisdiction;
1260
2. A current and valid real estate sales associate's
1261
license for at least 24 12 months during the preceding 5 years in
1262
the employ of a governmental agency for a salary and performing
1263
the duties authorized in this part for real estate licensees; or
1264
3. A current and valid real estate broker's license for at
1265
least 24 12 months during the preceding 5 years in any other
1266
state, territory, or jurisdiction of the United States or in any
1267
foreign national jurisdiction.
1268
1269
This paragraph does not apply to a person employed as a real
1270
estate investigator by the Division of Real Estate, provided the
1271
person has been employed as a real estate investigator for at
1272
least 24 months. The person must be currently employed as a real
1273
estate investigator to sit for the real estate broker's
1274
examination and have held a valid and current sales associate's
1275
license for at least 12 months.
1276
Section 25. Subsection (9) of section 475.451, Florida
1277
Statutes, is amended to read:
1278
475.451 Schools teaching real estate practice.--
1279
(9)(a) Each school permitholder of a proprietary real
1280
estate school, each chief administrative person of such an
1281
institution, or each course sponsor shall deliver to the
1282
department, in a format acceptable to the department, a copy of
1283
the classroom course roster of courses that require satisfactory
1284
completion of an examination no later than 30 days beyond the end
1285
of the calendar month in which the course was completed.
1286
(b) The course roster shall consist of the institution or
1287
school name and permit number, if applicable, the instructor's
1288
name and permit number, if applicable, course title, beginning
1289
and ending dates of the course, number of course hours, course
1290
location, if applicable, each student's full name and license
1291
number, if applicable, each student's mailing address, and the
1292
numerical grade each student achieved. The course roster shall
1293
also include the signature of the school permitholder, the chief
1294
administrative person, or the course sponsor.
1295
Section 26. Section 475.455, Florida Statutes, is amended
1296
to read:
1297
475.455 Exchange of disciplinary information.--The
1298
commission shall inform the Division of Florida Land Sales,
1299
Condominiums, Timeshares, and Mobile Homes of the Department of
1300
Business and Professional Regulation of any disciplinary action
1301
the commission has taken against any of its licensees. The
1302
division shall inform the commission of any disciplinary action
1303
the division has taken against any broker or sales associate
1304
registered with the division.
1305
Section 27. Subsection (6) of section 489.105, Florida
1306
Statutes, is amended to read:
1307
489.105 Definitions.--As used in this part:
1308
(6) "Contracting" means, except as exempted in this part,
1309
engaging in business as a contractor and includes, but is not
1310
limited to, performance of any of the acts as set forth in
1311
subsection (3) which define types of contractors. The attempted
1312
sale of contracting services and the negotiation or bid for a
1313
contract on these services also constitutes contracting. If the
1314
services offered require licensure or agent qualification, the
1315
offering, negotiation for a bid, or attempted sale of these
1316
services requires the corresponding licensure. However, the term
1317
"contracting" shall not extend to an individual, partnership,
1318
corporation, trust, or other legal entity that offers to sell or
1319
sells completed residences on property on which the individual or
1320
business entity has any legal or equitable interest, or to the
1321
individual or business entity that offers to sell or sells
1322
manufactured or factory-built buildings that will be completed on
1323
site on property on which either party to a contract has any
1324
legal or equitable interest, if the services of a qualified
1325
contractor certified or registered pursuant to the requirements
1326
of this chapter have been or will be retained for the purpose of
1327
constructing or completing such residences.
1328
Section 28. Section 489.511, Florida Statutes, is amended
1329
to read:
1330
489.511 Certification; application; examinations;
1331
endorsement.--
1332
(1)(a) Any person who is at least 18 years of age may take
1333
the certification examination.
1334
(b) Any person desiring to be certified as a contractor
1335
shall apply to the department in writing and must meet the
1336
following criteria: to take the certification examination.
1337
(2)(a) A person shall be entitled to take the certification
1338
examination for the purpose of determining whether he or she is
1339
qualified to engage in contracting throughout the state as a
1340
contractor if the person:
1341
1. Is at least 18 years of age;
1342
1.2. Be Is of good moral character;
1343
2. Pass the certification examination, achieving a passing
1344
grade as established by board rule; and
1345
3. Meet Meets eligibility requirements according to one of
1346
the following criteria:
1347
a. Has, within the 6 years immediately preceding the filing
1348
of the application, at least 3 years' proven management
1349
experience in the trade or education equivalent thereto, or a
1350
combination thereof, but not more than one-half of such
1351
experience may be educational equivalent;
1352
b. Has, within the 8 years immediately preceding the filing
1353
of the application, at least 4 years' experience as a supervisor
1354
or contractor in the trade for which he or she is making
1355
application;
1356
c. Has, within the 12 years immediately preceding the
1357
filing of the application, at least 6 years of comprehensive
1358
training, technical education, or supervisory experience
1359
associated with an electrical or alarm system contracting
1360
business, or at least 6 years of technical experience in
1361
electrical or alarm system work with the Armed Forces or a
1362
governmental entity;
1363
d. Has, within the 12 years immediately preceding the
1364
filing of the application, been licensed for 3 years as a
1365
professional engineer who is qualified by education, training, or
1366
experience to practice electrical engineering; or
1367
e. Has any combination of qualifications under sub-
1368
subparagraphs a.-c. totaling 6 years of experience.
1369
(c)(b) For purposes of this subsection, "supervisor" means
1370
a person having the experience gained while having the general
1371
duty of overseeing the technical duties of the trade, provided
1372
that such experience is gained by a person who is able to perform
1373
the technical duties of the trade without supervision.
1374
(d)(c) For purposes of this subsection, at least 40 percent
1375
of the work experience for an alarm system contractor I must be
1376
in the types of fire alarm systems typically used in a commercial
1377
setting.
1378
(2)(3) The board may determine by rule the number of times
1379
per year the applicant may take the examination and after three
1380
unsuccessful attempts may On or after October 1, 1998, every
1381
applicant who is qualified shall be allowed to take the
1382
examination three times, notwithstanding the number of times the
1383
applicant has previously failed the examination. If an applicant
1384
fails the examination three times after October 1, 1998, the
1385
board shall require the applicant to complete additional college-
1386
level or technical education courses in the areas of deficiency,
1387
as determined by the board, as a condition of future eligibility
1388
to take the examination. The applicant must also submit a new
1389
application that meets all certification requirements at the time
1390
of its submission and must pay all appropriate fees.
1391
(3)(4)(a) "Good moral character" means a personal history
1392
of honesty, fairness, and respect for the rights of others and
1393
for laws of this state and nation.
1394
(b) The board may determine that an individual applying for
1395
certification is ineligible to take the examination for failure
1396
to satisfy the requirement of good moral character only if:
1397
1. There is a substantial connection between the lack of
1398
good moral character of the individual and the professional
1399
responsibilities of a certified contractor; and
1400
2. The finding by the board of lack of good moral character
1401
is supported by clear and convincing evidence.
1402
(c) When an individual is found to be unqualified for
1403
certification examination because of a lack of good moral
1404
character, the board shall furnish such individual a statement
1405
containing the findings of the board, a complete record of the
1406
evidence upon which the determination was based, and a notice of
1407
the rights of the individual to a rehearing and appeal.
1408
(4)(5) The board shall, by rule, designate those types of
1409
specialty electrical or alarm system contractors who may be
1410
certified under this part. The limit of the scope of work and
1411
responsibility of a certified specialty contractor shall be
1412
established by board rule. A certified specialty contractor
1413
category exists as an optional statewide licensing category.
1414
Qualification for certification in a specialty category created
1415
by rule shall be the same as set forth in paragraph (1)(b)
1416
(2)(a). The existence of a specialty category created by rule
1417
does not itself create any licensing requirement; however,
1418
neither does its optional nature remove any licensure requirement
1419
established elsewhere in this part.
1420
(5)(6) The board shall certify as qualified for
1421
certification by endorsement any individual applying for
1422
certification who:
1423
(a) Meets the requirements for certification as set forth
1424
in this section; has passed a national, regional, state, or
1425
United States territorial licensing examination that is
1426
substantially equivalent to the examination required by this
1427
part; and has satisfied the requirements set forth in s. 489.521;
1428
or
1429
(b) Holds a valid license to practice electrical or alarm
1430
system contracting issued by another state or territory of the
1431
United States, if the criteria for issuance of such license was
1432
substantially equivalent to the certification criteria that
1433
existed in this state at the time the certificate was issued.
1434
(6)(7) Upon the issuance of a certificate, any previously
1435
issued registered licenses for the classification in which the
1436
certification is issued are rendered void.
1437
Section 29. Paragraph (b) of subsection (1) of section
1438
489.515, Florida Statutes, is amended to read:
1439
489.515 Issuance of certificates; registrations.--
1440
(1)
1441
(b) The board shall certify as qualified for certification
1442
any person who satisfies the requirements of s. 489.511, who
1443
successfully passes the certification examination administered by
1444
the department, achieving a passing grade as established by board
1445
rule, and who submits satisfactory evidence that he or she has
1446
obtained both workers' compensation insurance or an acceptable
1447
exemption certificate issued by the department and public
1448
liability and property damage insurance for the health, safety,
1449
and welfare of the public in amounts determined by rule of the
1450
board, and furnishes evidence of financial responsibility,
1451
credit, and business reputation of either himself or herself or
1452
the business organization he or she desires to qualify.
1453
Section 30. Section 494.008, Florida Statutes, is amended
1454
to read:
1455
494.008 Mortgages offered by land developers licensed
1456
pursuant to the Florida Uniform Land Sales Practices Law;
1457
requirements; prohibitions.--No mortgage loan which has a face
1458
amount of $35,000 or less and is secured by vacant land
1459
registered under the Florida Uniform Land Sales Practices Law,
1460
chapter 498, shall be sold to a mortgagee, except a financial
1461
institution, by any person unless all of the following
1462
requirements are met:
1463
(1) Each mortgage securing a note or other obligation sold
1464
or offered for sale shall be eligible for a recordation as a
1465
first mortgage.
1466
(2) Each mortgage negotiated pursuant to this section must
1467
include a mortgagee's title insurance policy or an opinion of
1468
title, from an attorney who is licensed to practice law in this
1469
state, on each parcel of land which is described in the mortgage.
1470
The policy or opinion shall reflect that there are no other
1471
mortgages on the property. A notice stating the priority of the
1472
mortgage shall be placed on the face of each mortgage in an
1473
amount over $35,000 issued pursuant to this section.
1474
(3) Contracts to purchase a mortgage loan shall contain,
1475
immediately above the purchaser's signature line, the statement
1476
in 10-point boldfaced type: "This mortgage is secured by vacant
1477
land subject to development at a future time." This statement
1478
shall also be typed or printed in 10-point type on the face of
1479
the note and mortgage sold.
1480
(4) The most recent assessment for tax purposes made by the
1481
county property appraiser of each parcel of land described in the
1482
mortgage shall be furnished to each mortgagee.
1483
(5) The mortgage broker shall record or cause to be
1484
recorded all mortgages or other similar documents prior to
1485
delivery of the note and mortgage to the mortgagee.
1486
(6) All funds received by the mortgage broker pursuant to
1487
this section shall promptly be deposited in the broker's trust
1488
account where they shall remain until the note and mortgage are
1489
fully executed and recorded.
1490
(7) Willful failure to comply with any of the above
1491
provisions shall subject the person to the penalties of s.
1492
494.05.
1493
Section 31. Section 498.009, Florida Statutes, is
1494
renumbered as section 718.50152, Florida Statutes.
1495
Section 32. Section 498.011, Florida Statutes, is
1496
renumbered as section 718.50153, Florida Statutes, and amended to
1497
read:
1499
expenses to division employees.--The amount of per diem and
1500
mileage and expense money paid to employees shall be as provided
1501
in s. 112.061, except that the division shall establish by rule
1502
the standards for reimbursement of actual verified expenses
1503
incurred in connection with an on-site review inspection or
1504
investigation of subdivided lands.
1505
Section 33. Section 498.013, Florida Statutes, is
1506
renumbered as section 718.50154, Florida Statutes.
1507
Section 34. Section 498.057, Florida Statutes, is
1508
renumbered as section 718.50155, Florida Statutes, and amended,
1509
to read:
1511
(1) In addition to the methods of service provided for in
1512
the Florida Rules of Civil Procedure and the Florida Statutes,
1513
service may be made and by delivering a copy of the process to
1514
the director of the division, which shall be binding upon the
1515
defendant or respondent if:
1516
(a) The division plaintiff, which is acting as the
1517
petitioner or plaintiff may be the division, immediately sends a
1518
copy of the process and of the pleading by certified mail to the
1519
defendant or respondent at his or her last known address;, and
1520
(b) The division plaintiff files an affidavit of compliance
1521
with this section on or before the return date of the process or
1522
within the time set by the court.
1523
(2) If any person, including any nonresident of this state,
1524
allegedly engages in conduct prohibited by this chapter, or any
1525
rule or order of the division, and has not filed a consent to
1526
service of process, and personal jurisdiction over him or her
1527
cannot otherwise be obtained in this state, the director shall be
1528
authorized to receive service of process in any noncriminal
1529
proceeding against that person or his or her successor which
1530
grows out of the conduct and which is brought by the division
1531
under this chapter or any rule or order of the division. The
1532
process shall have the same force and validity as if personally
1533
served. Notice shall be given as provided in subsection (1).
1539
Section 36. Section 509.512, Florida Statutes, is amended
1540
to read:
1541
509.512 Timeshare plan developer and exchange company
1543
of a timeshare plan or an exchange company approved by the
1544
Division of Florida Land Sales, Condominiums, Timeshares, and
1545
Mobile Homes pursuant to chapter 721, but only to the extent that
1546
the developer or exchange company engages in conduct regulated
1547
under chapter 721.
1548
Section 37. Subsection (2) of section 517.301, Florida
1549
Statutes, is amended to read:
1550
517.301 Fraudulent transactions; falsification or
1551
concealment of facts.--
1553
section, the term "investment" means any commitment of money or
1554
property principally induced by a representation that an economic
1555
benefit may be derived from such commitment, except that the term
1556
"investment" does not include a commitment of money or property
1557
for:
1558
(a) The purchase of a business opportunity, business
1559
enterprise, or real property through a person licensed under
1560
chapter 475 or registered under former chapter 498; or
1561
(b) The purchase of tangible personal property through a
1562
person not engaged in telephone solicitation, where said property
1563
is offered and sold in accordance with the following conditions:
1564
1. There are no specific representations or guarantees made
1565
by the offeror or seller as to the economic benefit to be derived
1566
from the purchase;
1567
2. The tangible property is delivered to the purchaser
1568
within 30 days after sale, except that such 30-day period may be
1569
extended by the office if market conditions so warrant; and
1570
3. The seller has offered the purchaser a full refund
1571
policy in writing, exercisable by the purchaser within 10 days of
1572
the date of delivery of such tangible personal property, except
1573
that the amount of such refund may not in no event shall exceed
1574
the bid price in effect at the time the property is returned to
1575
the seller. If the applicable sellers' market is closed at the
1576
time the property is returned to the seller for a refund, the
1577
amount of such refund shall be based on the bid price for such
1578
property at the next opening of such market.
1579
Section 38. Subsection (4) of section 548.0065, Florida
1580
Statutes, is amended to read:
1581
548.0065 Amateur matches; sanctioning and supervision;
1582
health and safety standards; compliance checks; continuation,
1583
suspension, and revocation of sanctioning approval.--
1584
(4) Any member of the commission or the executive director
1585
of the commission may suspend the approval of an amateur
1586
sanctioning organization for failure to supervise amateur matches
1587
or to enforce the approved health and safety standards required
1588
under this chapter, provided that the suspension complies with
1589
the procedures for summary suspensions in s. 120.60(6). At any
1590
amateur boxing, or kickboxing, or mixed martial arts contest, any
1591
member of the commission or a representative of the commission
1592
may immediately suspend one or more matches in an event whenever
1593
it appears that the match or matches violate the health and
1594
safety standards established by rule as required by this chapter.
1595
A law enforcement officer may assist any member of the commission
1596
or a representative of the commission to enforce an order to stop
1597
a contest if called upon to do so by a member of the commission
1598
or a representative of the commission.
1599
Section 39. Subsections (2), (3), and (4) of section
1600
548.008, Florida Statutes, are amended to read:
1601
548.008 Prohibited competitions.--
1602
(2) No amateur mixed martial arts match may be held in this
1603
state.
1604
(2)(3) No professional match may be held in this state
1605
unless it meets the requirements for holding the match as
1606
provided in this chapter and the rules adopted by the commission.
1607
(3)(4)(a) Any person participating in a match prohibited
1608
under this section, knowing the match to be prohibited, commits a
1609
misdemeanor of the second degree, punishable as provided in s.
1611
(b) Any person holding, promoting, or sponsoring a match
1612
prohibited under this section commits a felony of the third
1614
1615
Section 40. Subsection (1) of section 548.041, Florida
1616
Statutes, is amended to read:
1617
548.041 Age, condition, and suspension of participants.--
1618
(1) A person may shall not be licensed as a participant,
1619
and the license of a any participant shall be suspended or
1620
revoked, if such person:
1621
(a) Is under the age of 18;
1622
(b) Has participated in a match in this state which was not
1623
sanctioned by the commission or by a Native American commission
1624
properly constituted under federal law; or
1625
(c) Does not meet certain health and medical examination
1626
conditions as required by rule of the commission;.
1627
(d) Has not competed in a minimum number of amateur boxing
1628
events as determined by commission rule prior to licensure; or
1629
(e) Has not participated in a minimum number of amateur
1630
mixed martial arts events as determined by commission rule prior
1631
to licensure.
1632
Section 41. Subsection (1) of section 559.935, Florida
1633
Statutes, is amended to read:
1634
559.935 Exemptions.--
1635
(1) This part does not apply to:
1636
(a) A bona fide employee of a seller of travel who is
1637
engaged solely in the business of her or his employer;
1638
(b) Any direct common carrier of passengers or property
1639
regulated by an agency of the Federal Government or employees of
1640
such carrier when engaged solely in the transportation business
1641
of the carrier as identified in the carrier's certificate;
1642
(c) An intrastate common carrier of passengers or property
1643
selling only transportation as defined in the applicable state or
1644
local registration or certification, or employees of such carrier
1645
when engaged solely in the transportation business of the
1646
carrier;
1647
(d) Hotels, motels, or other places of public accommodation
1648
selling public accommodations, or employees of such hotels,
1649
motels, or other places of public accommodation, when engaged
1650
solely in making arrangements for lodging, accommodations, or
1651
sightseeing tours within the state, or taking reservations for
1652
the traveler with times, dates, locations, and accommodations
1653
certain at the time the reservations are made, provided that
1654
hotels and motels registered with the Department of Business and
1655
Professional Regulation pursuant to chapter 509 are excluded from
1656
the provisions of this chapter;
1657
(e) Persons involved solely in the rental, leasing, or sale
1658
of residential property;
1659
(f) Persons involved solely in the rental, leasing, or sale
1660
of transportation vehicles;
1661
(g) Persons who make travel arrangements for themselves;
1662
for their employees or agents; for distributors, franchisees, or
1663
dealers of the persons' products or services; for entities which
1664
are financially related to the persons; or for the employees or
1665
agents of the distributor, franchisee, or dealer or financially
1666
related entity;
1667
(h) A developer of a timeshare plan or an exchange company
1668
approved by the Division of Florida Land Sales, Condominiums,
1669
Timeshares, and Mobile Homes pursuant to chapter 721, but only to
1670
the extent that the developer or exchange company engages in
1671
conduct regulated under chapter 721; or
1672
(i) Persons or entities engaged solely in offering diving
1673
services, including classes and sales or rentals of equipment,
1674
when engaged in making any prearranged travel-related or tourist-
1675
related services in conjunction with a primarily dive-related
1676
event.
1677
Section 42. Subsection (17) of section 718.103, Florida
1678
Statutes, is amended to read:
1679
718.103 Definitions.--As used in this chapter, the term:
1680
(17) "Division" means the Division of Florida Land Sales,
1681
Condominiums, Timeshares, and Mobile Homes of the Department of
1682
Business and Professional Regulation.
1683
Section 43. Paragraph (c) of subsection (4) of section
1684
718.105, Florida Statutes, is amended to read:
1685
718.105 Recording of declaration.--
1686
(4)
1687
(c) If the sum of money held by the clerk has not been paid
1688
to the developer or association as provided in paragraph (b)
1689
within by 3 years after the date the declaration was originally
1690
recorded, the clerk in his or her discretion may notify, in
1691
writing, the registered agent of the association that the sum is
1692
still available and the purpose for which it was deposited. If
1693
the association does not record the certificate within 90 days
1694
after the clerk has given the notice, the clerk may disburse the
1695
money to the developer. If the developer cannot be located, the
1696
clerk shall disburse the money to the Division of Florida Land
1697
Sales, Condominiums, Timeshares, and Mobile Homes for deposit in
1698
the Division of Florida Land Sales, Condominiums, Timeshares, and
1699
Mobile Homes Trust Fund.
1700
Section 44. Subsection (4) of section 718.1255, Florida
1701
Statutes, is amended to read:
1702
718.1255 Alternative dispute resolution; voluntary
1703
mediation; mandatory nonbinding arbitration; legislative
1704
findings.--
1705
(4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1706
DISPUTES.--The Division of Florida Land Sales, Condominiums,
1707
Timeshares, and Mobile Homes of the Department of Business and
1708
Professional Regulation shall employ full-time attorneys to act
1709
as arbitrators to conduct the arbitration hearings provided by
1710
this chapter. The division may also certify attorneys who are not
1711
employed by the division to act as arbitrators to conduct the
1712
arbitration hearings provided by this section. No person may be
1713
employed by the department as a full-time arbitrator unless he or
1714
she is a member in good standing of The Florida Bar. The
1715
department shall adopt promulgate rules of procedure to govern
1716
such arbitration hearings including mediation incident thereto.
1717
The decision of an arbitrator shall be final; however, such a
1718
decision shall not be deemed final agency action. Nothing in this
1719
provision shall be construed to foreclose parties from proceeding
1720
in a trial de novo unless the parties have agreed that the
1721
arbitration is binding. If such judicial proceedings are
1722
initiated, the final decision of the arbitrator shall be
1723
admissible in evidence in the trial de novo.
1724
(a) Prior to the institution of court litigation, a party
1725
to a dispute shall petition the division for nonbinding
1726
arbitration. The petition must be accompanied by a filing fee in
1727
the amount of $50. Filing fees collected under this section must
1728
be used to defray the expenses of the alternative dispute
1729
resolution program.
1730
(b) The petition must recite, and have attached thereto,
1731
supporting proof that the petitioner gave the respondents:
1732
1. Advance written notice of the specific nature of the
1733
dispute;
1734
2. A demand for relief, and a reasonable opportunity to
1735
comply or to provide the relief; and
1736
3. Notice of the intention to file an arbitration petition
1737
or other legal action in the absence of a resolution of the
1738
dispute.
1739
1740
Failure to include the allegations or proof of compliance with
1741
these prerequisites requires dismissal of the petition without
1742
prejudice.
1743
(c) Upon receipt, the petition shall be promptly reviewed
1744
by the division to determine the existence of a dispute and
1745
compliance with the requirements of paragraphs (a) and (b). If
1746
emergency relief is required and is not available through
1747
arbitration, a motion to stay the arbitration may be filed. The
1748
motion must be accompanied by a verified petition alleging facts
1749
that, if proven, would support entry of a temporary injunction,
1750
and if an appropriate motion and supporting papers are filed, the
1751
division may abate the arbitration pending a court hearing and
1752
disposition of a motion for temporary injunction.
1753
(d) Upon determination by the division that a dispute
1754
exists and that the petition substantially meets the requirements
1755
of paragraphs (a) and (b) and any other applicable rules, a copy
1756
of the petition shall forthwith be served by the division upon
1757
all respondents.
1758
(e) Either Before or after the filing of the respondents'
1759
answer to the petition, any party may request that the arbitrator
1760
refer the case to mediation under this section and any rules
1761
adopted by the division. Upon receipt of a request for mediation,
1762
the division shall promptly contact the parties to determine if
1763
there is agreement that mediation would be appropriate. If all
1764
parties agree, the dispute must be referred to mediation.
1765
Notwithstanding a lack of an agreement by all parties, the
1766
arbitrator may refer a dispute to mediation at any time.
1767
(f) Upon referral of a case to mediation, the parties must
1768
select a mutually acceptable mediator. To assist in the
1769
selection, the arbitrator shall provide the parties with a list
1770
of both volunteer and paid mediators that have been certified by
1771
the division under s. 718.501. If the parties are unable to agree
1772
on a mediator within the time allowed by the arbitrator, the
1773
arbitrator shall appoint a mediator from the list of certified
1774
mediators. If a case is referred to mediation, the parties shall
1775
attend a mediation conference, as scheduled by the parties and
1776
the mediator. If any party fails to attend a duly noticed
1777
mediation conference, without the permission or approval of the
1778
arbitrator or mediator, the arbitrator must impose sanctions
1779
against the party, including the striking of any pleadings filed,
1780
the entry of an order of dismissal or default if appropriate, and
1781
the award of costs and attorneys' fees incurred by the other
1782
parties. Unless otherwise agreed to by the parties or as provided
1783
by order of the arbitrator, a party is deemed to have appeared at
1784
a mediation conference by the physical presence of the party or
1785
its representative having full authority to settle without
1786
further consultation, provided that an association may comply by
1787
having one or more representatives present with full authority to
1788
negotiate a settlement and recommend that the board of
1789
administration ratify and approve such a settlement within 5 days
1790
from the date of the mediation conference. The parties shall
1791
share equally the expense of mediation, unless they agree
1792
otherwise.
1793
(g) The purpose of mediation as provided for by this
1794
section is to present the parties with an opportunity to resolve
1795
the underlying dispute in good faith, and with a minimum
1796
expenditure of time and resources.
1797
(h) Mediation proceedings must generally be conducted in
1798
accordance with the Florida Rules of Civil Procedure, and these
1799
proceedings are privileged and confidential to the same extent as
1800
court-ordered mediation. Persons who are not parties to the
1801
dispute are not allowed to attend the mediation conference
1802
without the consent of all parties, with the exception of counsel
1803
for the parties and corporate representatives designated to
1804
appear for a party. If the mediator declares an impasse after a
1805
mediation conference has been held, the arbitration proceeding
1806
terminates, unless all parties agree in writing to continue the
1807
arbitration proceeding, in which case the arbitrator's decision
1808
shall be either binding or nonbinding, as agreed upon by the
1809
parties; in the arbitration proceeding, the arbitrator shall not
1810
consider any evidence relating to the unsuccessful mediation
1811
except in a proceeding to impose sanctions for failure to appear
1812
at the mediation conference. If the parties do not agree to
1813
continue arbitration, the arbitrator shall enter an order of
1814
dismissal, and either party may institute a suit in a court of
1815
competent jurisdiction. The parties may seek to recover any costs
1816
and attorneys' fees incurred in connection with arbitration and
1817
mediation proceedings under this section as part of the costs and
1818
fees that may be recovered by the prevailing party in any
1819
subsequent litigation.
1820
(i) Arbitration shall be conducted according to rules
1821
adopted promulgated by the division. The filing of a petition for
1822
arbitration shall toll the applicable statute of limitations.
1823
(j) At the request of any party to the arbitration, the
1824
such arbitrator shall issue subpoenas for the attendance of
1825
witnesses and the production of books, records, documents, and
1826
other evidence and any party on whose behalf a subpoena is issued
1827
may apply to the court for orders compelling such attendance and
1828
production. Subpoenas shall be served and shall be enforceable in
1829
the manner provided by the Florida Rules of Civil Procedure.
1830
Discovery may, in the discretion of the arbitrator, be permitted
1831
in the manner provided by the Florida Rules of Civil Procedure.
1832
Rules adopted by the division may authorize any reasonable
1833
sanctions except contempt for a violation of the arbitration
1834
procedural rules of the division or for the failure of a party to
1835
comply with a reasonable nonfinal order issued by an arbitrator
1836
which is not under judicial review.
1837
(k) The arbitration decision shall be presented to the
1838
parties in writing. An arbitration decision is final in those
1839
disputes in which the parties have agreed to be bound. An
1840
arbitration decision is also final if a complaint for a trial de
1841
novo is not filed in a court of competent jurisdiction in which
1842
the condominium is located within 30 days. The right to file for
1843
a trial de novo entitles the parties to file a complaint in the
1844
appropriate trial court for a judicial resolution of the dispute.
1845
The prevailing party in an arbitration proceeding shall be
1846
awarded the costs of the arbitration and reasonable attorney's
1847
fees in an amount determined by the arbitrator. Such an award
1848
shall include the costs and reasonable attorney's fees incurred
1849
in the arbitration proceeding as well as the costs and reasonable
1850
attorney's fees incurred in preparing for and attending any
1851
scheduled mediation.
1852
(l) The party who files a complaint for a trial de novo
1853
shall be assessed the other party's arbitration costs, court
1854
costs, and other reasonable costs, including attorney's fees,
1855
investigation expenses, and expenses for expert or other
1856
testimony or evidence incurred after the arbitration hearing if
1857
the judgment upon the trial de novo is not more favorable than
1858
the arbitration decision. If the judgment is more favorable, the
1859
party who filed a complaint for trial de novo shall be awarded
1860
reasonable court costs and attorney's fees.
1861
(m) Any party to an arbitration proceeding may enforce an
1862
arbitration award by filing a petition in a court of competent
1863
jurisdiction in which the condominium is located. A petition may
1864
not be granted unless the time for appeal by the filing of a
1865
complaint for trial de novo has expired. If a complaint for a
1866
trial de novo has been filed, a petition may not be granted with
1867
respect to an arbitration award that has been stayed. If the
1868
petition for enforcement is granted, the petitioner shall recover
1869
reasonable attorney's fees and costs incurred in enforcing the
1870
arbitration award. A mediation settlement may also be enforced
1871
through the county or circuit court, as applicable, and any costs
1872
and fees incurred in the enforcement of a settlement agreement
1873
reached at mediation must be awarded to the prevailing party in
1874
any enforcement action.
1875
Section 45. Section 718.501, Florida Statutes, is amended
1876
to read:
1877
718.501 Powers and duties of Division of Florida Land
1878
Sales, Condominiums, Timeshares, and Mobile Homes.--
1879
(1) The Division of Florida Land Sales, Condominiums,
1880
Timeshares, and Mobile Homes of the Department of Business and
1881
Professional Regulation, referred to as the "division" in this
1882
part, in addition to other powers and duties prescribed by
1883
chapter 498, has the power to enforce and ensure compliance with
1884
the provisions of this chapter and rules promulgated pursuant
1885
hereto relating to the development, construction, sale, lease,
1886
ownership, operation, and management of residential condominium
1887
units. In performing its duties, the division has the following
1888
powers and duties:
1889
(a)1. The division may make necessary public or private
1890
investigations within or outside this state to determine whether
1891
any person has violated this chapter or any rule or order
1892
hereunder, to aid in the enforcement of this chapter, or to aid
1893
in the adoption of rules or forms hereunder.
1894
2. The division may submit any official written report,
1895
worksheet, or other related paper, or a duly certified copy
1896
thereof, compiled, prepared, drafted, or otherwise made by and
1897
duly authenticated by a financial examiner or analyst to be
1898
admitted as competent evidence in any hearing in which the
1899
financial examiner or analyst is available for cross-examination
1900
and attests under oath that such documents were prepared as a
1901
result of an examination or inspection conducted pursuant to this
1902
chapter.
1903
(b) The division may require or permit any person to file a
1904
statement in writing, under oath or otherwise, as the division
1905
determines, as to the facts and circumstances concerning a matter
1906
to be investigated.
1907
(c) For the purpose of any investigation under this
1908
chapter, the division director or any officer or employee
1909
designated by the division director may administer oaths or
1910
affirmations, subpoena witnesses and compel their attendance,
1911
take evidence, and require the production of any matter which is
1912
relevant to the investigation, including the existence,
1913
description, nature, custody, condition, and location of any
1914
books, documents, or other tangible things and the identity and
1915
location of persons having knowledge of relevant facts or any
1916
other matter reasonably calculated to lead to the discovery of
1917
material evidence. Upon the failure by a person to obey a
1918
subpoena or to answer questions propounded by the investigating
1919
officer and upon reasonable notice to all persons affected
1920
thereby, the division may apply to the circuit court for an order
1921
compelling compliance.
1922
(d) Notwithstanding any remedies available to unit owners
1923
and associations, if the division has reasonable cause to believe
1924
that a violation of any provision of this chapter or related rule
1925
promulgated pursuant hereto has occurred, the division may
1926
institute enforcement proceedings in its own name against any
1927
developer, association, officer, or member of the board of
1928
administration, or its assignees or agents, as follows:
1929
1. The division may permit a person whose conduct or
1930
actions may be under investigation to waive formal proceedings
1931
and enter into a consent proceeding whereby orders, rules, or
1932
letters of censure or warning, whether formal or informal, may be
1933
entered against the person.
1934
2. The division may issue an order requiring the developer,
1935
association, officer, or member of the board of administration,
1936
or its assignees or agents, to cease and desist from the unlawful
1937
practice and take such affirmative action as in the judgment of
1938
the division will carry out the purposes of this chapter. Such
1939
affirmative action may include, but is not limited to, an order
1940
requiring a developer to pay moneys determined to be owed to a
1941
condominium association. If the division finds that a developer,
1942
association, officer, or member of the board of administration,
1943
or its assignees or agents, is violating or is about to violate
1944
any provision of this chapter, any rule adopted or order issued
1945
by the division, or any written agreement entered into with the
1946
division, and presents an immediate danger to the public
1947
requiring an immediate final order, it may issue an emergency
1948
cease and desist order reciting with particularity the facts
1949
underlying such findings. The emergency cease and desist order is
1950
effective for 90 days. If the division begins nonemergency cease
1951
and desist proceedings, the emergency cease and desist order
1952
remains effective until the conclusion of the proceedings under
1954
3. The division may bring an action in circuit court on
1955
behalf of a class of unit owners, lessees, or purchasers for
1956
declaratory relief, injunctive relief, or restitution.
1957
4. The division may petition the court for the appointment
1958
of a receiver or conservator. If appointed, the receiver or
1959
conservator may take action to implement the court order to
1960
ensure the performance of the order and to remedy any breach
1961
thereof. In addition to all other means provided by law for the
1962
enforcement of an injunction or temporary restraining order, the
1963
circuit court may impound or sequester the property of a party
1964
defendant, including books, papers, documents, and related
1965
records, and allow the examination and use of the property by the
1966
division and a court-appointed receiver or conservator.
1967
5. The division may apply to the circuit court for an order
1968
of restitution whereby the defendant in an action brought
1969
pursuant to subparagraph 4. shall be ordered to make restitution
1970
of those sums shown by the division to have been obtained by the
1971
defendant in violation of this chapter. Such restitution shall,
1972
at the option of the court, be payable to the conservator or
1973
receiver appointed pursuant to subparagraph 4. or directly to the
1974
persons whose funds or assets were obtained in violation of this
1975
chapter.
1976
6.4. The division may impose a civil penalty against a
1977
developer or association, or its assignee or agent, for any
1978
violation of this chapter or a rule adopted under this chapter
1979
promulgated pursuant hereto. The division may impose a civil
1980
penalty individually against any officer or board member who
1981
willfully and knowingly violates a provision of this chapter,
1982
adopted a rule adopted pursuant hereto, or a final order of the
1983
division. The term "willfully and knowingly" means that the
1984
division informed the officer or board member that his or her
1985
action or intended action violates this chapter, a rule adopted
1986
under this chapter, or a final order of the division and that the
1987
officer or board member refused to comply with the requirements
1988
of this chapter, a rule adopted under this chapter, or a final
1989
order of the division. The division, prior to initiating formal
1990
agency action under chapter 120, shall afford the officer or
1991
board member an opportunity to voluntarily comply with this
1992
chapter, a rule adopted under this chapter, or a final order of
1993
the division. An officer or board member who complies within 10
1994
days is not subject to a civil penalty. A penalty may be imposed
1995
on the basis of each day of continuing violation, but in no event
1996
shall the penalty for any offense exceed $5,000. By January 1,
1997
1998, the division shall adopt, by rule, penalty guidelines
1998
applicable to possible violations or to categories of violations
1999
of this chapter or rules adopted by the division. The guidelines
2000
must specify a meaningful range of civil penalties for each such
2001
violation of the statute and rules and must be based upon the
2002
harm caused by the violation, the repetition of the violation,
2003
and upon such other factors deemed relevant by the division. For
2004
example, the division may consider whether the violations were
2005
committed by a developer or owner-controlled association, the
2006
size of the association, and other factors. The guidelines must
2007
designate the possible mitigating or aggravating circumstances
2008
that justify a departure from the range of penalties provided by
2009
the rules. It is the legislative intent that minor violations be
2010
distinguished from those which endanger the health, safety, or
2011
welfare of the condominium residents or other persons and that
2012
such guidelines provide reasonable and meaningful notice to the
2013
public of likely penalties that may be imposed for proscribed
2014
conduct. This subsection does not limit the ability of the
2015
division to informally dispose of administrative actions or
2016
complaints by stipulation, agreed settlement, or consent order.
2017
All amounts collected shall be deposited with the Chief Financial
2018
Officer to the credit of the Division of Florida Land Sales,
2019
Condominiums, Timeshares, and Mobile Homes Trust Fund. If a
2020
developer fails to pay the civil penalty, the division shall
2021
thereupon issue an order directing that such developer cease and
2022
desist from further operation until such time as the civil
2023
penalty is paid or may pursue enforcement of the penalty in a
2024
court of competent jurisdiction. If an association fails to pay
2025
the civil penalty, the division shall thereupon pursue
2026
enforcement in a court of competent jurisdiction, and the order
2027
imposing the civil penalty or the cease and desist order will not
2028
become effective until 20 days after the date of such order. Any
2029
action commenced by the division shall be brought in the county
2030
in which the division has its executive offices or in the county
2031
where the violation occurred.
2032
7. In addition to subparagraph 6., the division may seek
2033
the imposition of a civil penalty through the circuit court for
2034
any violation for which the division may issue a notice to show
2035
cause under paragraph (q). The civil penalty shall be at least
2036
$500 but no more than $5,000 for each violation. The court may
2037
also award to the prevailing party court costs and reasonable
2038
attorney's fees and, if the division prevails, may also award
2039
reasonable costs of investigation.
2040
(e) The division may is authorized to prepare and
2041
disseminate a prospectus and other information to assist
2042
prospective owners, purchasers, lessees, and developers of
2043
residential condominiums in assessing the rights, privileges, and
2044
duties pertaining thereto.
2045
(f) The division has authority to adopt rules pursuant to
2047
of this chapter.
2048
(g) The division shall establish procedures for providing
2049
notice to an association when the division is considering the
2050
issuance of a declaratory statement with respect to the
2051
declaration of condominium or any related document governing in
2052
such condominium community.
2053
(h) The division shall furnish each association which pays
2054
the fees required by paragraph (2)(a) a copy of this act,
2055
subsequent changes to this act on an annual basis, an amended
2056
version of this act as it becomes available from the Secretary of
2057
State's office on a biennial basis, and the rules adopted
2058
promulgated pursuant thereto on an annual basis.
2059
(i) The division shall annually provide each association
2060
with a summary of declaratory statements and formal legal
2061
opinions relating to the operations of condominiums which were
2062
rendered by the division during the previous year.
2063
(j) The division shall provide training programs for
2064
condominium association board members and unit owners.
2065
(k) The division shall maintain a toll-free telephone
2066
number accessible to condominium unit owners.
2067
(l) The division shall develop a program to certify both
2068
volunteer and paid mediators to provide mediation of condominium
2069
disputes. The division shall provide, upon request, a list of
2070
such mediators to any association, unit owner, or other
2071
participant in arbitration proceedings under s. 718.1255
2072
requesting a copy of the list. The division shall include on the
2073
list of volunteer mediators only the names of persons who have
2074
received at least 20 hours of training in mediation techniques or
2075
who have mediated at least 20 disputes. In order to become
2076
initially certified by the division, paid mediators must be
2077
certified by the Supreme Court to mediate court cases in either
2078
county or circuit courts. However, the division may adopt, by
2079
rule, additional factors for the certification of paid mediators,
2080
which factors must be related to experience, education, or
2081
background. Any person initially certified as a paid mediator by
2082
the division must, in order to continue to be certified, comply
2083
with the factors or requirements imposed by rules adopted by the
2084
division.
2085
(m) When a complaint is made, the division shall conduct
2086
its inquiry with due regard to the interests of the affected
2087
parties. Within 30 days after receipt of a complaint, the
2088
division shall acknowledge the complaint in writing and notify
2089
the complainant whether the complaint is within the jurisdiction
2090
of the division and whether additional information is needed by
2091
the division from the complainant. The division shall conduct its
2092
investigation and shall, within 90 days after receipt of the
2093
original complaint or of timely requested additional information,
2094
take action upon the complaint. However, the failure to complete
2095
the investigation within 90 days does not prevent the division
2096
from continuing the investigation, accepting or considering
2097
evidence obtained or received after 90 days, or taking
2098
administrative action if reasonable cause exists to believe that
2099
a violation of this chapter or a rule of the division has
2100
occurred. If an investigation is not completed within the time
2101
limits established in this paragraph, the division shall, on a
2102
monthly basis, notify the complainant in writing of the status of
2103
the investigation. When reporting its action to the complainant,
2104
the division shall inform the complainant of any right to a
2106
(n) The division may:
2107
1. Contract with agencies in this state or other
2108
jurisdictions to perform investigative functions; or
2109
2. Accept grants-in-aid from any source.
2110
(o) The division shall cooperate with similar agencies in
2111
other jurisdictions to establish uniform filing procedures and
2112
forms, public offering statements, advertising standards, and
2113
rules and common administrative practices.
2114
(p) The division shall consider notice to a developer to be
2115
complete when it is delivered to the developer's address
2116
currently on file with the division.
2117
(q) In addition to its enforcement authority, the division
2118
may issue a notice to show cause, which shall provide for a
2119
hearing, upon written request, in accordance with chapter 120.
2120
(2)(a) Effective January 1, 1992, Each condominium
2121
association which operates more than two units shall pay to the
2122
division an annual fee in the amount of $4 for each residential
2123
unit in condominiums operated by the association. If the fee is
2124
not paid by March 1, then the association shall be assessed a
2125
penalty of 10 percent of the amount due, and the association will
2126
not have standing to maintain or defend any action in the courts
2127
of this state until the amount due, plus any penalty, is paid.
2128
(b) All fees shall be deposited in the Division of Florida
2129
Land Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund
2130
as provided by law.
2131
Section 46. Subsection (1) of section 718.5011, Florida
2132
Statutes, is amended to read:
2133
718.5011 Ombudsman; appointment; administration.--
2134
(1) There is created an Office of the Condominium
2135
Ombudsman, to be located for administrative purposes within the
2136
Division of Florida Land Sales, Condominiums, Timeshares, and
2137
Mobile Homes. The functions of the office shall be funded by the
2138
Division of Florida Land Sales, Condominiums, Timeshares, and
2139
Mobile Homes Trust Fund. The ombudsman shall be a bureau chief of
2140
the division, and the office shall be set within the division in
2141
the same manner as any other bureau is staffed and funded.
2142
Section 47. Paragraph (a) of subsection (2) of section
2143
718.502, Florida Statutes, is amended to read:
2144
718.502 Filing prior to sale or lease.--
2145
(2)(a) Prior to filing as required by subsection (1), and
2146
prior to acquiring an ownership, leasehold, or contractual
2147
interest in the land upon which the condominium is to be
2148
developed, a developer shall not offer a contract for purchase of
2149
a unit or lease of a unit for more than 5 years. However, the
2150
developer may accept deposits for reservations upon the approval
2151
of a fully executed escrow agreement and reservation agreement
2152
form properly filed with the Division of Florida Land Sales,
2153
Condominiums, Timeshares, and Mobile Homes. Each filing of a
2154
proposed reservation program shall be accompanied by a filing fee
2155
of $250. Reservations shall not be taken on a proposed
2156
condominium unless the developer has an ownership, leasehold, or
2157
contractual interest in the land upon which the condominium is to
2158
be developed. The division shall notify the developer within 20
2159
days of receipt of the reservation filing of any deficiencies
2160
contained therein. Such notification shall not preclude the
2161
determination of reservation filing deficiencies at a later date,
2162
nor shall it relieve the developer of any responsibility under
2163
the law. The escrow agreement and the reservation agreement form
2164
shall include a statement of the right of the prospective
2165
purchaser to an immediate unqualified refund of the reservation
2166
deposit moneys upon written request to the escrow agent by the
2167
prospective purchaser or the developer.
2168
Section 48. Section 718.504, Florida Statutes, is amended
2169
to read:
2170
718.504 Prospectus or offering circular.--Every developer
2171
of a residential condominium which contains more than 20
2172
residential units, or which is part of a group of residential
2173
condominiums which will be served by property to be used in
2174
common by unit owners of more than 20 residential units, shall
2175
prepare a prospectus or offering circular and file it with the
2176
Division of Florida Land Sales, Condominiums, Timeshares, and
2177
Mobile Homes prior to entering into an enforceable contract of
2178
purchase and sale of any unit or lease of a unit for more than 5
2179
years and shall furnish a copy of the prospectus or offering
2180
circular to each buyer. In addition to the prospectus or offering
2181
circular, each buyer shall be furnished a separate page entitled
2182
"Frequently Asked Questions and Answers," which shall be in
2183
accordance with a format approved by the division and a copy of
2184
the financial information required by s. 718.111. This page
2185
shall, in readable language, inform prospective purchasers
2186
regarding their voting rights and unit use restrictions,
2187
including restrictions on the leasing of a unit; shall indicate
2188
whether and in what amount the unit owners or the association is
2189
obligated to pay rent or land use fees for recreational or other
2190
commonly used facilities; shall contain a statement identifying
2191
that amount of assessment which, pursuant to the budget, would be
2192
levied upon each unit type, exclusive of any special assessments,
2193
and which shall further identify the basis upon which assessments
2194
are levied, whether monthly, quarterly, or otherwise; shall state
2195
and identify any court cases in which the association is
2196
currently a party of record in which the association may face
2197
liability in excess of $100,000; and which shall further state
2198
whether membership in a recreational facilities association is
2199
mandatory, and if so, shall identify the fees currently charged
2200
per unit type. The division shall by rule require such other
2201
disclosure as in its judgment will assist prospective purchasers.
2202
The prospectus or offering circular may include more than one
2203
condominium, although not all such units are being offered for
2204
sale as of the date of the prospectus or offering circular. The
2205
prospectus or offering circular must contain the following
2206
information:
2207
(1) The front cover or the first page must contain only:
2208
(a) The name of the condominium.
2209
(b) The following statements in conspicuous type:
2210
1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2211
MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2212
2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2213
NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2214
ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.
2215
3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2216
STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2217
PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2218
REPRESENTATIONS.
2219
(2) Summary: The next page must contain all statements
2220
required to be in conspicuous type in the prospectus or offering
2221
circular.
2222
(3) A separate index of the contents and exhibits of the
2223
prospectus.
2224
(4) Beginning on the first page of the text (not including
2225
the summary and index), a description of the condominium,
2226
including, but not limited to, the following information:
2227
(a) Its name and location.
2228
(b) A description of the condominium property, including,
2229
without limitation:
2230
1. The number of buildings, the number of units in each
2231
building, the number of bathrooms and bedrooms in each unit, and
2232
the total number of units, if the condominium is not a phase
2233
condominium, or the maximum number of buildings that may be
2234
contained within the condominium, the minimum and maximum numbers
2235
of units in each building, the minimum and maximum numbers of
2236
bathrooms and bedrooms that may be contained in each unit, and
2237
the maximum number of units that may be contained within the
2238
condominium, if the condominium is a phase condominium.
2239
2. The page in the condominium documents where a copy of
2240
the plot plan and survey of the condominium is located.
2241
3. The estimated latest date of completion of constructing,
2242
finishing, and equipping. In lieu of a date, the description
2243
shall include a statement that the estimated date of completion
2244
of the condominium is in the purchase agreement and a reference
2245
to the article or paragraph containing that information.
2246
(c) The maximum number of units that will use facilities in
2247
common with the condominium. If the maximum number of units will
2248
vary, a description of the basis for variation and the minimum
2249
amount of dollars per unit to be spent for additional
2250
recreational facilities or enlargement of such facilities. If the
2251
addition or enlargement of facilities will result in a material
2252
increase of a unit owner's maintenance expense or rental expense,
2253
if any, the maximum increase and limitations thereon shall be
2254
stated.
2255
(5)(a) A statement in conspicuous type describing whether
2256
the condominium is created and being sold as fee simple interests
2257
or as leasehold interests. If the condominium is created or being
2258
sold on a leasehold, the location of the lease in the disclosure
2259
materials shall be stated.
2260
(b) If timeshare estates are or may be created with respect
2261
to any unit in the condominium, a statement in conspicuous type
2262
stating that timeshare estates are created and being sold in
2263
units in the condominium.
2264
(6) A description of the recreational and other commonly
2265
used facilities that will be used only by unit owners of the
2266
condominium, including, but not limited to, the following:
2267
(a) Each room and its intended purposes, location,
2268
approximate floor area, and capacity in numbers of people.
2269
(b) Each swimming pool, as to its general location,
2270
approximate size and depths, approximate deck size and capacity,
2271
and whether heated.
2272
(c) Additional facilities, as to the number of each
2273
facility, its approximate location, approximate size, and
2274
approximate capacity.
2275
(d) A general description of the items of personal property
2276
and the approximate number of each item of personal property that
2277
the developer is committing to furnish for each room or other
2278
facility or, in the alternative, a representation as to the
2279
minimum amount of expenditure that will be made to purchase the
2280
personal property for the facility.
2281
(e) The estimated date when each room or other facility
2282
will be available for use by the unit owners.
2283
(f)1. An identification of each room or other facility to
2284
be used by unit owners that will not be owned by the unit owners
2285
or the association;
2286
2. A reference to the location in the disclosure materials
2287
of the lease or other agreements providing for the use of those
2288
facilities; and
2289
3. A description of the terms of the lease or other
2290
agreements, including the length of the term; the rent payable,
2291
directly or indirectly, by each unit owner, and the total rent
2292
payable to the lessor, stated in monthly and annual amounts for
2293
the entire term of the lease; and a description of any option to
2294
purchase the property leased under any such lease, including the
2295
time the option may be exercised, the purchase price or how it is
2296
to be determined, the manner of payment, and whether the option
2297
may be exercised for a unit owner's share or only as to the
2298
entire leased property.
2299
(g) A statement as to whether the developer may provide
2300
additional facilities not described above; their general
2301
locations and types; improvements or changes that may be made;
2302
the approximate dollar amount to be expended; and the maximum
2303
additional common expense or cost to the individual unit owners
2304
that may be charged during the first annual period of operation
2305
of the modified or added facilities.
2306
2307
Descriptions as to locations, areas, capacities, numbers,
2308
volumes, or sizes may be stated as approximations or minimums.
2309
(7) A description of the recreational and other facilities
2310
that will be used in common with other condominiums, community
2311
associations, or planned developments which require the payment
2312
of the maintenance and expenses of such facilities, either
2313
directly or indirectly, by the unit owners. The description shall
2314
include, but not be limited to, the following:
2315
(a) Each building and facility committed to be built.
2316
(b) Facilities not committed to be built except under
2317
certain conditions, and a statement of those conditions or
2318
contingencies.
2319
(c) As to each facility committed to be built, or which
2320
will be committed to be built upon the happening of one of the
2321
conditions in paragraph (b), a statement of whether it will be
2322
owned by the unit owners having the use thereof or by an
2323
association or other entity which will be controlled by them, or
2324
others, and the location in the exhibits of the lease or other
2325
document providing for use of those facilities.
2326
(d) The year in which each facility will be available for
2327
use by the unit owners or, in the alternative, the maximum number
2328
of unit owners in the project at the time each of all of the
2329
facilities is committed to be completed.
2330
(e) A general description of the items of personal
2331
property, and the approximate number of each item of personal
2332
property, that the developer is committing to furnish for each
2333
room or other facility or, in the alternative, a representation
2334
as to the minimum amount of expenditure that will be made to
2335
purchase the personal property for the facility.
2336
(f) If there are leases, a description thereof, including
2337
the length of the term, the rent payable, and a description of
2338
any option to purchase.
2339
2340
Descriptions shall include location, areas, capacities, numbers,
2341
volumes, or sizes and may be stated as approximations or
2342
minimums.
2343
(8) Recreation lease or associated club membership:
2344
(a) If any recreational facilities or other facilities
2345
offered by the developer and available to, or to be used by, unit
2346
owners are to be leased or have club membership associated, the
2347
following statement in conspicuous type shall be included: THERE
2348
IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2349
CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2350
CONDOMINIUM. There shall be a reference to the location in the
2351
disclosure materials where the recreation lease or club
2352
membership is described in detail.
2353
(b) If it is mandatory that unit owners pay a fee, rent,
2354
dues, or other charges under a recreational facilities lease or
2355
club membership for the use of facilities, there shall be in
2356
conspicuous type the applicable statement:
2357
1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2358
MANDATORY FOR UNIT OWNERS; or
2359
2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2360
TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2361
3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS
2362
AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,
2363
RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE
2364
OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2365
4. A similar statement of the nature of the organization or
2366
the manner in which the use rights are created, and that unit
2367
owners are required to pay.
2368
2369
Immediately following the applicable statement, the location in
2370
the disclosure materials where the development is described in
2371
detail shall be stated.
2372
(c) If the developer, or any other person other than the
2373
unit owners and other persons having use rights in the
2374
facilities, reserves, or is entitled to receive, any rent, fee,
2375
or other payment for the use of the facilities, then there shall
2376
be the following statement in conspicuous type: THE UNIT OWNERS
2377
OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2378
RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
2379
following this statement, the location in the disclosure
2380
materials where the rent or land use fees are described in detail
2381
shall be stated.
2382
(d) If, in any recreation format, whether leasehold, club,
2383
or other, any person other than the association has the right to
2384
a lien on the units to secure the payment of assessments, rent,
2385
or other exactions, there shall appear a statement in conspicuous
2386
type in substantially the following form:
2387
1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2388
SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2389
RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE PAYMENTS
2390
MAY RESULT IN FORECLOSURE OF THE LIEN; or
2391
2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2392
SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2393
FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2394
OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
2395
THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2396
2397
Immediately following the applicable statement, the location in
2398
the disclosure materials where the lien or lien right is
2399
described in detail shall be stated.
2400
(9) If the developer or any other person has the right to
2401
increase or add to the recreational facilities at any time after
2402
the establishment of the condominium whose unit owners have use
2403
rights therein, without the consent of the unit owners or
2404
associations being required, there shall appear a statement in
2405
conspicuous type in substantially the following form:
2406
RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2407
OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2408
statement, the location in the disclosure materials where such
2409
reserved rights are described shall be stated.
2410
(10) A statement of whether the developer's plan includes a
2411
program of leasing units rather than selling them, or leasing
2412
units and selling them subject to such leases. If so, there shall
2413
be a description of the plan, including the number and
2414
identification of the units and the provisions and term of the
2415
proposed leases, and a statement in boldfaced type that: THE
2416
UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2417
(11) The arrangements for management of the association and
2418
maintenance and operation of the condominium property and of
2419
other property that will serve the unit owners of the condominium
2420
property, and a description of the management contract and all
2421
other contracts for these purposes having a term in excess of 1
2422
year, including the following:
2423
(a) The names of contracting parties.
2424
(b) The term of the contract.
2425
(c) The nature of the services included.
2426
(d) The compensation, stated on a monthly and annual basis,
2427
and provisions for increases in the compensation.
2428
(e) A reference to the volumes and pages of the condominium
2429
documents and of the exhibits containing copies of such
2430
contracts.
2431
2432
Copies of all described contracts shall be attached as exhibits.
2433
If there is a contract for the management of the condominium
2434
property, then a statement in conspicuous type in substantially
2435
the following form shall appear, identifying the proposed or
2436
existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR THE
2437
MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE CONTRACT
2438
MANAGER). Immediately following this statement, the location in
2439
the disclosure materials of the contract for management of the
2440
condominium property shall be stated.
2441
(12) If the developer or any other person or persons other
2442
than the unit owners has the right to retain control of the board
2443
of administration of the association for a period of time which
2444
can exceed 1 year after the closing of the sale of a majority of
2445
the units in that condominium to persons other than successors or
2446
alternate developers, then a statement in conspicuous type in
2447
substantially the following form shall be included: THE DEVELOPER
2448
(OR OTHER PERSON) HAS THE RIGHT TO RETAIN CONTROL OF THE
2449
ASSOCIATION AFTER A MAJORITY OF THE UNITS HAVE BEEN SOLD.
2450
Immediately following this statement, the location in the
2451
disclosure materials where this right to control is described in
2452
detail shall be stated.
2453
(13) If there are any restrictions upon the sale, transfer,
2454
conveyance, or leasing of a unit, then a statement in conspicuous
2455
type in substantially the following form shall be included: THE
2456
SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR CONTROLLED.
2457
Immediately following this statement, the location in the
2458
disclosure materials where the restriction, limitation, or
2459
control on the sale, lease, or transfer of units is described in
2460
detail shall be stated.
2461
(14) If the condominium is part of a phase project, the
2462
following information shall be stated:
2463
(a) A statement in conspicuous type in substantially the
2464
following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
2465
UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
2466
this statement, the location in the disclosure materials where
2467
the phasing is described shall be stated.
2468
(b) A summary of the provisions of the declaration which
2469
provide for the phasing.
2470
(c) A statement as to whether or not residential buildings
2471
and units which are added to the condominium may be substantially
2472
different from the residential buildings and units originally in
2473
the condominium. If the added residential buildings and units may
2474
be substantially different, there shall be a general description
2475
of the extent to which such added residential buildings and units
2476
may differ, and a statement in conspicuous type in substantially
2477
the following form shall be included: BUILDINGS AND UNITS WHICH
2478
ARE ADDED TO THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM
2479
THE OTHER BUILDINGS AND UNITS IN THE CONDOMINIUM. Immediately
2480
following this statement, the location in the disclosure
2481
materials where the extent to which added residential buildings
2482
and units may substantially differ is described shall be stated.
2483
(d) A statement of the maximum number of buildings
2484
containing units, the maximum and minimum numbers of units in
2485
each building, the maximum number of units, and the minimum and
2486
maximum square footage of the units that may be contained within
2487
each parcel of land which may be added to the condominium.
2488
(15) If a condominium created on or after July 1, 2000, is
2489
or may become part of a multicondominium, the following
2490
information must be provided:
2491
(a) A statement in conspicuous type in substantially the
2492
following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
2493
MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
2494
(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
2495
this statement, the location in the prospectus or offering
2496
circular and its exhibits where the multicondominium aspects of
2497
the offering are described must be stated.
2498
(b) A summary of the provisions in the declaration,
2499
articles of incorporation, and bylaws which establish and provide
2500
for the operation of the multicondominium, including a statement
2501
as to whether unit owners in the condominium will have the right
2502
to use recreational or other facilities located or planned to be
2503
located in other condominiums operated by the same association,
2504
and the manner of sharing the common expenses related to such
2505
facilities.
2506
(c) A statement of the minimum and maximum number of
2507
condominiums, and the minimum and maximum number of units in each
2508
of those condominiums, which will or may be operated by the
2509
association, and the latest date by which the exact number will
2510
be finally determined.
2511
(d) A statement as to whether any of the condominiums in
2512
the multicondominium may include units intended to be used for
2513
nonresidential purposes and the purpose or purposes permitted for
2514
such use.
2515
(e) A general description of the location and approximate
2516
acreage of any land on which any additional condominiums to be
2517
operated by the association may be located.
2518
(16) If the condominium is created by conversion of
2519
existing improvements, the following information shall be stated:
2520
(a) The information required by s. 718.616.
2521
(b) A caveat that there are no express warranties unless
2522
they are stated in writing by the developer.
2523
(17) A summary of the restrictions, if any, to be imposed
2524
on units concerning the use of any of the condominium property,
2525
including statements as to whether there are restrictions upon
2526
children and pets, and reference to the volumes and pages of the
2527
condominium documents where such restrictions are found, or if
2528
such restrictions are contained elsewhere, then a copy of the
2529
documents containing the restrictions shall be attached as an
2530
exhibit.
2531
(18) If there is any land that is offered by the developer
2532
for use by the unit owners and that is neither owned by them nor
2533
leased to them, the association, or any entity controlled by unit
2534
owners and other persons having the use rights to such land, a
2535
statement shall be made as to how such land will serve the
2536
condominium. If any part of such land will serve the condominium,
2537
the statement shall describe the land and the nature and term of
2538
service, and the declaration or other instrument creating such
2539
servitude shall be included as an exhibit.
2540
(19) The manner in which utility and other services,
2541
including, but not limited to, sewage and waste disposal, water
2542
supply, and storm drainage, will be provided and the person or
2543
entity furnishing them.
2544
(20) An explanation of the manner in which the
2545
apportionment of common expenses and ownership of the common
2546
elements has been determined.
2547
(21) An estimated operating budget for the condominium and
2548
the association, and a schedule of the unit owner's expenses
2549
shall be attached as an exhibit and shall contain the following
2550
information:
2551
(a) The estimated monthly and annual expenses of the
2552
condominium and the association that are collected from unit
2553
owners by assessments.
2554
(b) The estimated monthly and annual expenses of each unit
2555
owner for a unit, other than common expenses paid by all unit
2556
owners, payable by the unit owner to persons or entities other
2557
than the association, as well as to the association, including
2558
fees assessed pursuant to s. 718.113(1) for maintenance of
2559
limited common elements where such costs are shared only by those
2560
entitled to use the limited common element, and the total
2561
estimated monthly and annual expense. There may be excluded from
2562
this estimate expenses which are not provided for or contemplated
2563
by the condominium documents, including, but not limited to, the
2564
costs of private telephone; maintenance of the interior of
2565
condominium units, which is not the obligation of the
2566
association; maid or janitorial services privately contracted for
2567
by the unit owners; utility bills billed directly to each unit
2568
owner for utility services to his or her unit; insurance premiums
2569
other than those incurred for policies obtained by the
2570
condominium; and similar personal expenses of the unit owner. A
2571
unit owner's estimated payments for assessments shall also be
2572
stated in the estimated amounts for the times when they will be
2573
due.
2574
(c) The estimated items of expenses of the condominium and
2575
the association, except as excluded under paragraph (b),
2576
including, but not limited to, the following items, which shall
2577
be stated either as an association expense collectible by
2578
assessments or as unit owners' expenses payable to persons other
2579
than the association:
2580
1. Expenses for the association and condominium:
2581
a. Administration of the association.
2582
b. Management fees.
2583
c. Maintenance.
2584
d. Rent for recreational and other commonly used
2585
facilities.
2586
e. Taxes upon association property.
2587
f. Taxes upon leased areas.
2588
g. Insurance.
2589
h. Security provisions.
2590
i. Other expenses.
2591
j. Operating capital.
2592
k. Reserves.
2593
l. Fees payable to the division.
2594
2. Expenses for a unit owner:
2595
a. Rent for the unit, if subject to a lease.
2596
b. Rent payable by the unit owner directly to the lessor or
2597
agent under any recreational lease or lease for the use of
2598
commonly used facilities, which use and payment is a mandatory
2599
condition of ownership and is not included in the common expense
2600
or assessments for common maintenance paid by the unit owners to
2601
the association.
2602
(d) The following statement in conspicuous type: THE BUDGET
2603
CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2604
ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
2605
ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2606
FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2607
ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2608
CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
2609
OFFERING.
2610
(e) Each budget for an association prepared by a developer
2611
consistent with this subsection shall be prepared in good faith
2612
and shall reflect accurate estimated amounts for the required
2613
items in paragraph (c) at the time of the filing of the offering
2614
circular with the division, and subsequent increased amounts of
2615
any item included in the association's estimated budget that are
2616
beyond the control of the developer shall not be considered an
2617
amendment that would give rise to rescission rights set forth in
2618
s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2619
or otherwise affect any guarantee of the developer contained in
2620
the offering circular or any purchase contract. It is the intent
2621
of this paragraph to clarify existing law.
2622
(f) The estimated amounts shall be stated for a period of
2623
at least 12 months and may distinguish between the period prior
2624
to the time unit owners other than the developer elect a majority
2625
of the board of administration and the period after that date.
2626
(22) A schedule of estimated closing expenses to be paid by
2627
a buyer or lessee of a unit and a statement of whether title
2628
opinion or title insurance policy is available to the buyer and,
2629
if so, at whose expense.
2630
(23) The identity of the developer and the chief operating
2631
officer or principal directing the creation and sale of the
2632
condominium and a statement of its and his or her experience in
2633
this field.
2634
(24) Copies of the following, to the extent they are
2635
applicable, shall be included as exhibits:
2636
(a) The declaration of condominium, or the proposed
2637
declaration if the declaration has not been recorded.
2638
(b) The articles of incorporation creating the association.
2639
(c) The bylaws of the association.
2640
(d) The ground lease or other underlying lease of the
2641
condominium.
2642
(e) The management agreement and all maintenance and other
2643
contracts for management of the association and operation of the
2644
condominium and facilities used by the unit owners having a
2645
service term in excess of 1 year.
2646
(f) The estimated operating budget for the condominium and
2647
the required schedule of unit owners' expenses.
2648
(g) A copy of the floor plan of the unit and the plot plan
2649
showing the location of the residential buildings and the
2650
recreation and other common areas.
2651
(h) The lease of recreational and other facilities that
2652
will be used only by unit owners of the subject condominium.
2653
(i) The lease of facilities used by owners and others.
2654
(j) The form of unit lease, if the offer is of a leasehold.
2655
(k) A declaration of servitude of properties serving the
2656
condominium but not owned by unit owners or leased to them or the
2657
association.
2658
(l) The statement of condition of the existing building or
2659
buildings, if the offering is of units in an operation being
2660
converted to condominium ownership.
2661
(m) The statement of inspection for termite damage and
2662
treatment of the existing improvements, if the condominium is a
2663
conversion.
2664
(n) The form of agreement for sale or lease of units.
2665
(o) A copy of the agreement for escrow of payments made to
2666
the developer prior to closing.
2667
(p) A copy of the documents containing any restrictions on
2668
use of the property required by subsection (17).
2669
(25) Any prospectus or offering circular complying, prior
2670
to the effective date of this act, with the provisions of former
2671
ss. 711.69 and 711.802 may continue to be used without amendment
2672
or may be amended to comply with the provisions of this chapter.
2673
(26) A brief narrative description of the location and
2674
effect of all existing and intended easements located or to be
2675
located on the condominium property other than those described in
2676
the declaration.
2677
(27) If the developer is required by state or local
2678
authorities to obtain acceptance or approval of any dock or
2679
marina facilities intended to serve the condominium, a copy of
2680
any such acceptance or approval acquired by the time of filing
2681
with the division under s. 718.502(1) or a statement that such
2682
acceptance or approval has not been acquired or received.
2683
(28) Evidence demonstrating that the developer has an
2684
ownership, leasehold, or contractual interest in the land upon
2685
which the condominium is to be developed.
2686
Section 49. Section 718.508, Florida Statutes, is amended
2687
to read:
2688
718.508 Regulation by Division of Hotels and
2689
Restaurants.--In addition to the authority, regulation, or
2690
control exercised by the Division of Florida Land Sales,
2691
Condominiums, Timeshares, and Mobile Homes pursuant to this act
2692
with respect to condominiums, buildings included in a condominium
2693
property are shall be subject to the authority, regulation, or
2694
control of the Division of Hotels and Restaurants of the
2695
Department of Business and Professional Regulation, to the extent
2696
provided for in chapter 399.
2697
Section 50. Section 718.509, Florida Statutes, is amended,
2698
to read:
2699
718.509 Division of Florida Land Sales, Condominiums,
2700
Timeshares, and Mobile Homes Trust Fund.--
2701
(1) There is created within the State Treasury the Division
2702
of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund
2703
to be used for the administration and operation of this chapter
2704
and chapters 718, 719, 721, and 723 by the division.
2705
(2) All moneys collected by the division from fees, fines,
2706
or penalties or from costs awarded to the division by a court or
2707
administrative final order shall be paid into the Division of
2708
Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.
2709
The Legislature shall appropriate funds from the trust fund
2710
sufficient to carry out the provisions of this chapter and the
2711
provisions of law with respect to each category of business
2712
covered by the trust fund. The division shall maintain separate
2713
revenue accounts in the trust fund for each business regulated by
2714
the division. The division shall provide for the proportionate
2715
allocation among the accounts of expenses incurred by the
2716
division in the performance of its duties with respect to each
2717
business. As part of its normal budgetary process, the division
2718
shall prepare an annual report of revenues and allocated expenses
2719
related to the operation of each business which may be used to
2720
determine fees charged by the division. This subsection shall
2721
operate pursuant to s. 215.20. All funds collected by the
2722
division and any amount paid for a fee or penalty under this
2723
chapter shall be deposited in the State Treasury to the credit of
2724
the Division of Florida Land Sales, Condominiums, and Mobile
2725
Homes Trust Fund created by s. 498.019.
2726
Section 51. Paragraph (a) of subsection (2) of section
2727
718.608, Florida Statutes, is amended to read:
2728
718.608 Notice of intended conversion; time of delivery;
2729
content.--
2730
(2)(a) Each notice of intended conversion shall be dated
2731
and in writing. The notice shall contain the following statement,
2732
with the phrases of the following statement which appear in upper
2733
case printed in conspicuous type:
2734
2735
These apartments are being converted to condominium by
2736
(name of developer) , the developer.
2737
1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2738
YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2739
AGREEMENT AS FOLLOWS:
2740
a. If you have continuously been a resident of these
2741
apartments during the last 180 days and your rental agreement
2742
expires during the next 270 days, you may extend your rental
2743
agreement for up to 270 days after the date of this notice.
2744
b. If you have not been a continuous resident of these
2745
apartments for the last 180 days and your rental agreement
2746
expires during the next 180 days, you may extend your rental
2747
agreement for up to 180 days after the date of this notice.
2748
c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2749
MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2750
DATE OF THIS NOTICE.
2751
2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2752
you may extend your rental agreement for up to 45 days after the
2753
date of this notice while you decide whether to extend your
2754
rental agreement as explained above. To do so, you must notify
2755
the developer in writing. You will then have the full 45 days to
2756
decide whether to extend your rental agreement as explained
2757
above.
2758
3. During the extension of your rental agreement you will
2759
be charged the same rent that you are now paying.
2760
4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2761
OF THE RENTAL AGREEMENT AS FOLLOWS:
2762
a. If your rental agreement began or was extended or
2763
renewed after May 1, 1980, and your rental agreement, including
2764
extensions and renewals, has an unexpired term of 180 days or
2765
less, you may cancel your rental agreement upon 30 days' written
2766
notice and move. Also, upon 30 days' written notice, you may
2767
cancel any extension of the rental agreement.
2768
b. If your rental agreement was not begun or was not
2769
extended or renewed after May 1, 1980, you may not cancel the
2770
rental agreement without the consent of the developer. If your
2771
rental agreement, including extensions and renewals, has an
2772
unexpired term of 180 days or less, you may, however, upon 30
2773
days' written notice cancel any extension of the rental
2774
agreement.
2775
5. All notices must be given in writing and sent by mail,
2776
return receipt requested, or delivered in person to the developer
2777
at this address: (name and address of developer) .
2778
6. If you have continuously been a resident of these
2779
apartments during the last 180 days:
2780
a. You have the right to purchase your apartment and will
2781
have 45 days to decide whether to purchase. If you do not buy the
2782
unit at that price and the unit is later offered at a lower
2783
price, you will have the opportunity to buy the unit at the lower
2784
price. However, in all events your right to purchase the unit
2785
ends when the rental agreement or any extension of the rental
2786
agreement ends or when you waive this right in writing.
2787
b. Within 90 days you will be provided purchase information
2788
relating to your apartment, including the price of your unit and
2789
the condition of the building. If you do not receive this
2790
information within 90 days, your rental agreement and any
2791
extension will be extended 1 day for each day over 90 days until
2792
you are given the purchase information. If you do not want this
2793
rental agreement extension, you must notify the developer in
2794
writing.
2795
7. If you have any questions regarding this conversion or
2796
the Condominium Act, you may contact the developer or the state
2797
agency which regulates condominiums: The Division of Florida Land
2798
Sales, Condominiums, Timeshares, and Mobile Homes, (Tallahassee
2799
address and telephone number of division) .
2800
Section 52. Subsection (17) of section 719.103, Florida
2801
Statutes, is amended to read:
2802
719.103 Definitions.--As used in this chapter:
2803
(17) "Division" means the Division of Florida Land Sales,
2804
Condominiums, Timeshares, and Mobile Homes of the Department of
2805
Business and Professional Regulation.
2806
Section 53. Section 719.1255, Florida Statutes, is amended
2807
to read:
2808
719.1255 Alternative resolution of disputes.--The Division
2809
of Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2810
of the Department of Business and Professional Regulation shall
2811
provide for alternative dispute resolution in accordance with s.
2812
2813
Section 54. Section 719.501, Florida Statutes, is amended
2814
to read:
2815
719.501 Powers and duties of Division of Florida Land
2816
Sales, Condominiums, Timeshares, and Mobile Homes.--
2817
(1) The Division of Florida Land Sales, Condominiums,
2818
Timeshares, and Mobile Homes of the Department of Business and
2819
Professional Regulation, referred to as the "division" in this
2820
part, in addition to other powers and duties prescribed by
2821
chapter 718 498, has the power to enforce and ensure compliance
2822
with the provisions of this chapter and adopted rules promulgated
2823
pursuant hereto relating to the development, construction, sale,
2824
lease, ownership, operation, and management of residential
2825
cooperative units. In performing its duties, the division shall
2826
have the following powers and duties:
2827
(a) The division may make necessary public or private
2828
investigations within or outside this state to determine whether
2829
any person has violated this chapter or any rule or order
2830
hereunder, to aid in the enforcement of this chapter, or to aid
2831
in the adoption of rules or forms hereunder.
2832
(b) The division may require or permit any person to file a
2833
statement in writing, under oath or otherwise, as the division
2834
determines, as to the facts and circumstances concerning a matter
2835
to be investigated.
2836
(c) For the purpose of any investigation under this
2837
chapter, the division director or any officer or employee
2838
designated by the division director may administer oaths or
2839
affirmations, subpoena witnesses and compel their attendance,
2840
take evidence, and require the production of any matter which is
2841
relevant to the investigation, including the existence,
2842
description, nature, custody, condition, and location of any
2843
books, documents, or other tangible things and the identity and
2844
location of persons having knowledge of relevant facts or any
2845
other matter reasonably calculated to lead to the discovery of
2846
material evidence. Upon failure by a person to obey a subpoena or
2847
to answer questions propounded by the investigating officer and
2848
upon reasonable notice to all persons affected thereby, the
2849
division may apply to the circuit court for an order compelling
2850
compliance.
2851
(d) Notwithstanding any remedies available to unit owners
2852
and associations, if the division has reasonable cause to believe
2853
that a violation of any provision of this chapter or related rule
2854
promulgated pursuant hereto has occurred, the division may
2855
institute enforcement proceedings in its own name against a
2856
developer, association, officer, or member of the board, or its
2857
assignees or agents, as follows:
2858
1. The division may permit a person whose conduct or
2859
actions may be under investigation to waive formal proceedings
2860
and enter into a consent proceeding whereby orders, rules, or
2861
letters of censure or warning, whether formal or informal, may be
2862
entered against the person.
2863
2. The division may issue an order requiring the developer,
2864
association, officer, or member of the board, or its assignees or
2865
agents, to cease and desist from the unlawful practice and take
2866
such affirmative action as in the judgment of the division will
2867
carry out the purposes of this chapter. Such affirmative action
2868
may include, but is not limited to, an order requiring a
2869
developer to pay moneys determined to be owed to a condominium
2870
association.
2871
3. The division may bring an action in circuit court on
2872
behalf of a class of unit owners, lessees, or purchasers for
2873
declaratory relief, injunctive relief, or restitution.
2874
4. The division may impose a civil penalty against a
2875
developer or association, or its assignees or agents, for any
2876
violation of this chapter or related a rule promulgated pursuant
2877
hereto. The division may impose a civil penalty individually
2878
against any officer or board member who willfully and knowingly
2879
violates a provision of this chapter, a rule adopted pursuant to
2880
this chapter, or a final order of the division. The term
2881
"willfully and knowingly" means that the division informed the
2882
officer or board member that his or her action or intended action
2883
violates this chapter, a rule adopted under this chapter, or a
2884
final order of the division, and that the officer or board member
2885
refused to comply with the requirements of this chapter, a rule
2886
adopted under this chapter, or a final order of the division. The
2887
division, prior to initiating formal agency action under chapter
2888
120, shall afford the officer or board member an opportunity to
2889
voluntarily comply with this chapter, a rule adopted under this
2890
chapter, or a final order of the division. An officer or board
2891
member who complies within 10 days is not subject to a civil
2892
penalty. A penalty may be imposed on the basis of each day of
2893
continuing violation, but in no event shall the penalty for any
2894
offense exceed $5,000. By January 1, 1998, the division shall
2895
adopt, by rule, penalty guidelines applicable to possible
2896
violations or to categories of violations of this chapter or
2897
rules adopted by the division. The guidelines must specify a
2898
meaningful range of civil penalties for each such violation of
2899
the statute and rules and must be based upon the harm caused by
2900
the violation, the repetition of the violation, and upon such
2901
other factors deemed relevant by the division. For example, the
2902
division may consider whether the violations were committed by a
2903
developer or owner-controlled association, the size of the
2904
association, and other factors. The guidelines must designate the
2905
possible mitigating or aggravating circumstances that justify a
2906
departure from the range of penalties provided by the rules. It
2907
is the legislative intent that minor violations be distinguished
2908
from those which endanger the health, safety, or welfare of the
2909
cooperative residents or other persons and that such guidelines
2910
provide reasonable and meaningful notice to the public of likely
2911
penalties that may be imposed for proscribed conduct. This
2912
subsection does not limit the ability of the division to
2913
informally dispose of administrative actions or complaints by
2914
stipulation, agreed settlement, or consent order. All amounts
2915
collected shall be deposited with the Chief Financial Officer to
2916
the credit of the Division of Florida Land Sales, Condominiums,
2917
Timeshares, and Mobile Homes Trust Fund. If a developer fails to
2918
pay the civil penalty, the division shall thereupon issue an
2919
order directing that such developer cease and desist from further
2920
operation until such time as the civil penalty is paid or may
2921
pursue enforcement of the penalty in a court of competent
2922
jurisdiction. If an association fails to pay the civil penalty,
2923
the division shall thereupon pursue enforcement in a court of
2924
competent jurisdiction, and the order imposing the civil penalty
2925
or the cease and desist order shall not become effective until 20
2926
days after the date of such order. Any action commenced by the
2927
division shall be brought in the county in which the division has
2928
its executive offices or in the county where the violation
2929
occurred.
2930
(e) The division may is authorized to prepare and
2931
disseminate a prospectus and other information to assist
2932
prospective owners, purchasers, lessees, and developers of
2933
residential cooperatives in assessing the rights, privileges, and
2934
duties pertaining thereto.
2935
(f) The division has authority to adopt rules pursuant to
2937
of this chapter.
2938
(g) The division shall establish procedures for providing
2939
notice to an association when the division is considering the
2940
issuance of a declaratory statement with respect to the
2941
cooperative documents governing such cooperative community.
2942
(h) The division shall furnish each association which pays
2943
the fees required by paragraph (2)(a) a copy of this act,
2944
subsequent changes to this act on an annual basis, an amended
2945
version of this act as it becomes available from the Secretary of
2946
State's office on a biennial basis, and the rules adopted
2947
promulgated pursuant thereto on an annual basis.
2948
(i) The division shall annually provide each association
2949
with a summary of declaratory statements and formal legal
2950
opinions relating to the operations of cooperatives which were
2951
rendered by the division during the previous year.
2952
(j) The division shall adopt uniform accounting principles,
2953
policies, and standards to be used by all associations in the
2954
preparation and presentation of all financial statements required
2955
by this chapter. The principles, policies, and standards shall
2956
take into consideration the size of the association and the total
2957
revenue collected by the association.
2958
(k) The division shall provide training programs for
2959
cooperative association board members and unit owners.
2960
(l) The division shall maintain a toll-free telephone
2961
number accessible to cooperative unit owners.
2962
(m) When a complaint is made to the division, the division
2963
shall conduct its inquiry with reasonable dispatch and with due
2964
regard to the interests of the affected parties. Within 30 days
2965
after receipt of a complaint, the division shall acknowledge the
2966
complaint in writing and notify the complainant whether the
2967
complaint is within the jurisdiction of the division and whether
2968
additional information is needed by the division from the
2969
complainant. The division shall conduct its investigation and
2970
shall, within 90 days after receipt of the original complaint or
2971
timely requested additional information, take action upon the
2972
complaint. However, the failure to complete the investigation
2973
within 90 days does not prevent the division from continuing the
2974
investigation, accepting or considering evidence obtained or
2975
received after 90 days, or taking administrative action if
2976
reasonable cause exists to believe that a violation of this
2977
chapter or a rule of the division has occurred. If an
2978
investigation is not completed within the time limits established
2979
in this paragraph, the division shall, on a monthly basis, notify
2980
the complainant in writing of the status of the investigation.
2981
When reporting its action to the complainant, the division shall
2982
inform the complainant of any right to a hearing pursuant to ss.
2984
(n) The division shall develop a program to certify both
2985
volunteer and paid mediators to provide mediation of cooperative
2986
disputes. The division shall provide, upon request, a list of
2987
such mediators to any association, unit owner, or other
2988
participant in arbitration proceedings under s. 718.1255
2989
requesting a copy of the list. The division shall include on the
2990
list of voluntary mediators only persons who have received at
2991
least 20 hours of training in mediation techniques or have
2992
mediated at least 20 disputes. In order to become initially
2993
certified by the division, paid mediators must be certified by
2994
the Supreme Court to mediate court cases in either county or
2995
circuit courts. However, the division may adopt, by rule,
2996
additional factors for the certification of paid mediators, which
2997
factors must be related to experience, education, or background.
2998
Any person initially certified as a paid mediator by the division
2999
must, in order to continue to be certified, comply with the
3000
factors or requirements imposed by rules adopted by the division.
3001
(2)(a) Each cooperative association shall pay to the
3002
division, on or before January 1 of each year, an annual fee in
3003
the amount of $4 for each residential unit in cooperatives
3004
operated by the association. If the fee is not paid by March 1,
3005
then the association shall be assessed a penalty of 10 percent of
3006
the amount due, and the association shall not have the standing
3007
to maintain or defend any action in the courts of this state
3008
until the amount due is paid.
3009
(b) All fees shall be deposited in the Division of Florida
3010
Land Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund
3011
as provided by law.
3012
Section 55. Paragraph (a) of subsection (2) of section
3013
719.502, Florida Statutes, is amended to read:
3014
719.502 Filing prior to sale or lease.--
3015
(2)(a) Prior to filing as required by subsection (1), and
3016
prior to acquiring an ownership, leasehold, or contractual
3017
interest in the land upon which the cooperative is to be
3018
developed, a developer shall not offer a contract for purchase or
3019
lease of a unit for more than 5 years. However, the developer may
3020
accept deposits for reservations upon the approval of a fully
3021
executed escrow agreement and reservation agreement form properly
3022
filed with the Division of Florida Land Sales, Condominiums,
3023
Timeshares, and Mobile Homes. Each filing of a proposed
3024
reservation program shall be accompanied by a filing fee of $250.
3025
Reservations shall not be taken on a proposed cooperative unless
3026
the developer has an ownership, leasehold, or contractual
3027
interest in the land upon which the cooperative is to be
3028
developed. The division shall notify the developer within 20 days
3029
of receipt of the reservation filing of any deficiencies
3030
contained therein. Such notification shall not preclude the
3031
determination of reservation filing deficiencies at a later date,
3032
nor shall it relieve the developer of any responsibility under
3033
the law. The escrow agreement and the reservation agreement form
3034
shall include a statement of the right of the prospective
3035
purchaser to an immediate unqualified refund of the reservation
3036
deposit moneys upon written request to the escrow agent by the
3037
prospective purchaser or the developer.
3038
Section 56. Section 719.504, Florida Statutes, is amended
3039
to read:
3040
719.504 Prospectus or offering circular.--Every developer
3041
of a residential cooperative which contains more than 20
3042
residential units, or which is part of a group of residential
3043
cooperatives which will be served by property to be used in
3044
common by unit owners of more than 20 residential units, shall
3045
prepare a prospectus or offering circular and file it with the
3046
Division of Florida Land Sales, Condominiums, Timeshares, and
3047
Mobile Homes prior to entering into an enforceable contract of
3048
purchase and sale of any unit or lease of a unit for more than 5
3049
years and shall furnish a copy of the prospectus or offering
3050
circular to each buyer. In addition to the prospectus or offering
3051
circular, each buyer shall be furnished a separate page entitled
3052
"Frequently Asked Questions and Answers," which must be in
3053
accordance with a format approved by the division. This page
3054
must, in readable language: inform prospective purchasers
3055
regarding their voting rights and unit use restrictions,
3056
including restrictions on the leasing of a unit; indicate whether
3057
and in what amount the unit owners or the association is
3058
obligated to pay rent or land use fees for recreational or other
3059
commonly used facilities; contain a statement identifying that
3060
amount of assessment which, pursuant to the budget, would be
3061
levied upon each unit type, exclusive of any special assessments,
3062
and which identifies the basis upon which assessments are levied,
3063
whether monthly, quarterly, or otherwise; state and identify any
3064
court cases in which the association is currently a party of
3065
record in which the association may face liability in excess of
3066
$100,000; and state whether membership in a recreational
3067
facilities association is mandatory and, if so, identify the fees
3068
currently charged per unit type. The division shall by rule
3069
require such other disclosure as in its judgment will assist
3070
prospective purchasers. The prospectus or offering circular may
3071
include more than one cooperative, although not all such units
3072
are being offered for sale as of the date of the prospectus or
3073
offering circular. The prospectus or offering circular must
3074
contain the following information:
3075
(1) The front cover or the first page must contain only:
3076
(a) The name of the cooperative.
3077
(b) The following statements in conspicuous type:
3078
1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
3079
MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
3080
2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
3081
NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
3082
ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.
3083
3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
3084
STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
3085
PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
3086
REPRESENTATIONS.
3087
(2) Summary: The next page must contain all statements
3088
required to be in conspicuous type in the prospectus or offering
3089
circular.
3090
(3) A separate index of the contents and exhibits of the
3091
prospectus.
3092
(4) Beginning on the first page of the text (not including
3093
the summary and index), a description of the cooperative,
3094
including, but not limited to, the following information:
3095
(a) Its name and location.
3096
(b) A description of the cooperative property, including,
3097
without limitation:
3098
1. The number of buildings, the number of units in each
3099
building, the number of bathrooms and bedrooms in each unit, and
3100
the total number of units, if the cooperative is not a phase
3101
cooperative; or, if the cooperative is a phase cooperative, the
3102
maximum number of buildings that may be contained within the
3103
cooperative, the minimum and maximum number of units in each
3104
building, the minimum and maximum number of bathrooms and
3105
bedrooms that may be contained in each unit, and the maximum
3106
number of units that may be contained within the cooperative.
3107
2. The page in the cooperative documents where a copy of
3108
the survey and plot plan of the cooperative is located.
3109
3. The estimated latest date of completion of constructing,
3110
finishing, and equipping. In lieu of a date, a statement that the
3111
estimated date of completion of the cooperative is in the
3112
purchase agreement and a reference to the article or paragraph
3113
containing that information.
3114
(c) The maximum number of units that will use facilities in
3115
common with the cooperative. If the maximum number of units will
3116
vary, a description of the basis for variation and the minimum
3117
amount of dollars per unit to be spent for additional
3118
recreational facilities or enlargement of such facilities. If the
3119
addition or enlargement of facilities will result in a material
3120
increase of a unit owner's maintenance expense or rental expense,
3121
if any, the maximum increase and limitations thereon shall be
3122
stated.
3123
(5)(a) A statement in conspicuous type describing whether
3124
the cooperative is created and being sold as fee simple interests
3125
or as leasehold interests. If the cooperative is created or being
3126
sold on a leasehold, the location of the lease in the disclosure
3127
materials shall be stated.
3128
(b) If timeshare estates are or may be created with respect
3129
to any unit in the cooperative, a statement in conspicuous type
3130
stating that timeshare estates are created and being sold in such
3131
specified units in the cooperative.
3132
(6) A description of the recreational and other common
3133
areas that will be used only by unit owners of the cooperative,
3134
including, but not limited to, the following:
3135
(a) Each room and its intended purposes, location,
3136
approximate floor area, and capacity in numbers of people.
3137
(b) Each swimming pool, as to its general location,
3138
approximate size and depths, approximate deck size and capacity,
3139
and whether heated.
3140
(c) Additional facilities, as to the number of each
3141
facility, its approximate location, approximate size, and
3142
approximate capacity.
3143
(d) A general description of the items of personal property
3144
and the approximate number of each item of personal property that
3145
the developer is committing to furnish for each room or other
3146
facility or, in the alternative, a representation as to the
3147
minimum amount of expenditure that will be made to purchase the
3148
personal property for the facility.
3149
(e) The estimated date when each room or other facility
3150
will be available for use by the unit owners.
3151
(f)1. An identification of each room or other facility to
3152
be used by unit owners that will not be owned by the unit owners
3153
or the association;
3154
2. A reference to the location in the disclosure materials
3155
of the lease or other agreements providing for the use of those
3156
facilities; and
3157
3. A description of the terms of the lease or other
3158
agreements, including the length of the term; the rent payable,
3159
directly or indirectly, by each unit owner, and the total rent
3160
payable to the lessor, stated in monthly and annual amounts for
3161
the entire term of the lease; and a description of any option to
3162
purchase the property leased under any such lease, including the
3163
time the option may be exercised, the purchase price or how it is
3164
to be determined, the manner of payment, and whether the option
3165
may be exercised for a unit owner's share or only as to the
3166
entire leased property.
3167
(g) A statement as to whether the developer may provide
3168
additional facilities not described above, their general
3169
locations and types, improvements or changes that may be made,
3170
the approximate dollar amount to be expended, and the maximum
3171
additional common expense or cost to the individual unit owners
3172
that may be charged during the first annual period of operation
3173
of the modified or added facilities.
3174
3175
Descriptions as to locations, areas, capacities, numbers,
3176
volumes, or sizes may be stated as approximations or minimums.
3177
(7) A description of the recreational and other facilities
3178
that will be used in common with other cooperatives, community
3179
associations, or planned developments which require the payment
3180
of the maintenance and expenses of such facilities, either
3181
directly or indirectly, by the unit owners. The description shall
3182
include, but not be limited to, the following:
3183
(a) Each building and facility committed to be built.
3184
(b) Facilities not committed to be built except under
3185
certain conditions, and a statement of those conditions or
3186
contingencies.
3187
(c) As to each facility committed to be built, or which
3188
will be committed to be built upon the happening of one of the
3189
conditions in paragraph (b), a statement of whether it will be
3190
owned by the unit owners having the use thereof or by an
3191
association or other entity which will be controlled by them, or
3192
others, and the location in the exhibits of the lease or other
3193
document providing for use of those facilities.
3194
(d) The year in which each facility will be available for
3195
use by the unit owners or, in the alternative, the maximum number
3196
of unit owners in the project at the time each of all of the
3197
facilities is committed to be completed.
3198
(e) A general description of the items of personal
3199
property, and the approximate number of each item of personal
3200
property, that the developer is committing to furnish for each
3201
room or other facility or, in the alternative, a representation
3202
as to the minimum amount of expenditure that will be made to
3203
purchase the personal property for the facility.
3204
(f) If there are leases, a description thereof, including
3205
the length of the term, the rent payable, and a description of
3206
any option to purchase.
3207
3208
Descriptions shall include location, areas, capacities, numbers,
3209
volumes, or sizes and may be stated as approximations or
3210
minimums.
3211
(8) Recreation lease or associated club membership:
3212
(a) If any recreational facilities or other common areas
3213
offered by the developer and available to, or to be used by, unit
3214
owners are to be leased or have club membership associated, the
3215
following statement in conspicuous type shall be included: THERE
3216
IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
3217
COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
3218
COOPERATIVE. There shall be a reference to the location in the
3219
disclosure materials where the recreation lease or club
3220
membership is described in detail.
3221
(b) If it is mandatory that unit owners pay a fee, rent,
3222
dues, or other charges under a recreational facilities lease or
3223
club membership for the use of facilities, there shall be in
3224
conspicuous type the applicable statement:
3225
1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
3226
MANDATORY FOR UNIT OWNERS; or
3227
2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
3228
TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3229
3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS
3230
AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,
3231
RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE
3232
OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
3233
4. A similar statement of the nature of the organization or
3234
manner in which the use rights are created, and that unit owners
3235
are required to pay.
3236
3237
Immediately following the applicable statement, the location in
3238
the disclosure materials where the development is described in
3239
detail shall be stated.
3240
(c) If the developer, or any other person other than the
3241
unit owners and other persons having use rights in the
3242
facilities, reserves, or is entitled to receive, any rent, fee,
3243
or other payment for the use of the facilities, then there shall
3244
be the following statement in conspicuous type: THE UNIT OWNERS
3245
OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
3246
RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
3247
statement, the location in the disclosure materials where the
3248
rent or land use fees are described in detail shall be stated.
3249
(d) If, in any recreation format, whether leasehold, club,
3250
or other, any person other than the association has the right to
3251
a lien on the units to secure the payment of assessments, rent,
3252
or other exactions, there shall appear a statement in conspicuous
3253
type in substantially the following form:
3254
1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3255
SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
3256
RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE PAYMENTS
3257
MAY RESULT IN FORECLOSURE OF THE LIEN; or
3258
2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3259
SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
3260
FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
3261
OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
3262
PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
3263
3264
Immediately following the applicable statement, the location in
3265
the disclosure materials where the lien or lien right is
3266
described in detail shall be stated.
3267
(9) If the developer or any other person has the right to
3268
increase or add to the recreational facilities at any time after
3269
the establishment of the cooperative whose unit owners have use
3270
rights therein, without the consent of the unit owners or
3271
associations being required, there shall appear a statement in
3272
conspicuous type in substantially the following form:
3273
RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
3274
OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
3275
statement, the location in the disclosure materials where such
3276
reserved rights are described shall be stated.
3277
(10) A statement of whether the developer's plan includes a
3278
program of leasing units rather than selling them, or leasing
3279
units and selling them subject to such leases. If so, there shall
3280
be a description of the plan, including the number and
3281
identification of the units and the provisions and term of the
3282
proposed leases, and a statement in boldfaced type that: THE
3283
UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
3284
(11) The arrangements for management of the association and
3285
maintenance and operation of the cooperative property and of
3286
other property that will serve the unit owners of the cooperative
3287
property, and a description of the management contract and all
3288
other contracts for these purposes having a term in excess of 1
3289
year, including the following:
3290
(a) The names of contracting parties.
3291
(b) The term of the contract.
3292
(c) The nature of the services included.
3293
(d) The compensation, stated on a monthly and annual basis,
3294
and provisions for increases in the compensation.
3295
(e) A reference to the volumes and pages of the cooperative
3296
documents and of the exhibits containing copies of such
3297
contracts.
3298
3299
Copies of all described contracts shall be attached as exhibits.
3300
If there is a contract for the management of the cooperative
3301
property, then a statement in conspicuous type in substantially
3302
the following form shall appear, identifying the proposed or
3303
existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR THE
3304
MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE CONTRACT
3305
MANAGER). Immediately following this statement, the location in
3306
the disclosure materials of the contract for management of the
3307
cooperative property shall be stated.
3308
(12) If the developer or any other person or persons other
3309
than the unit owners has the right to retain control of the board
3310
of administration of the association for a period of time which
3311
can exceed 1 year after the closing of the sale of a majority of
3312
the units in that cooperative to persons other than successors or
3313
alternate developers, then a statement in conspicuous type in
3314
substantially the following form shall be included: THE DEVELOPER
3315
(OR OTHER PERSON) HAS THE RIGHT TO RETAIN CONTROL OF THE
3316
ASSOCIATION AFTER A MAJORITY OF THE UNITS HAVE BEEN SOLD.
3317
Immediately following this statement, the location in the
3318
disclosure materials where this right to control is described in
3319
detail shall be stated.
3320
(13) If there are any restrictions upon the sale, transfer,
3321
conveyance, or leasing of a unit, then a statement in conspicuous
3322
type in substantially the following form shall be included: THE
3323
SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR CONTROLLED.
3324
Immediately following this statement, the location in the
3325
disclosure materials where the restriction, limitation, or
3326
control on the sale, lease, or transfer of units is described in
3327
detail shall be stated.
3328
(14) If the cooperative is part of a phase project, the
3329
following shall be stated:
3330
(a) A statement in conspicuous type in substantially the
3331
following form shall be included: THIS IS A PHASE COOPERATIVE.
3332
ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
3333
Immediately following this statement, the location in the
3334
disclosure materials where the phasing is described shall be
3335
stated.
3336
(b) A summary of the provisions of the declaration
3337
providing for the phasing.
3338
(c) A statement as to whether or not residential buildings
3339
and units which are added to the cooperative may be substantially
3340
different from the residential buildings and units originally in
3341
the cooperative, and, if the added residential buildings and
3342
units may be substantially different, there shall be a general
3343
description of the extent to which such added residential
3344
buildings and units may differ, and a statement in conspicuous
3345
type in substantially the following form shall be included:
3346
BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE MAY BE
3347
SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND UNITS IN THE
3348
COOPERATIVE. Immediately following this statement, the location
3349
in the disclosure materials where the extent to which added
3350
residential buildings and units may substantially differ is
3351
described shall be stated.
3352
(d) A statement of the maximum number of buildings
3353
containing units, the maximum and minimum number of units in each
3354
building, the maximum number of units, and the minimum and
3355
maximum square footage of the units that may be contained within
3356
each parcel of land which may be added to the cooperative.
3357
(15) If the cooperative is created by conversion of
3358
existing improvements, the following information shall be stated:
3359
(a) The information required by s. 719.616.
3360
(b) A caveat that there are no express warranties unless
3361
they are stated in writing by the developer.
3362
(16) A summary of the restrictions, if any, to be imposed
3363
on units concerning the use of any of the cooperative property,
3364
including statements as to whether there are restrictions upon
3365
children and pets, and reference to the volumes and pages of the
3366
cooperative documents where such restrictions are found, or if
3367
such restrictions are contained elsewhere, then a copy of the
3368
documents containing the restrictions shall be attached as an
3369
exhibit.
3370
(17) If there is any land that is offered by the developer
3371
for use by the unit owners and that is neither owned by them nor
3372
leased to them, the association, or any entity controlled by unit
3373
owners and other persons having the use rights to such land, a
3374
statement shall be made as to how such land will serve the
3375
cooperative. If any part of such land will serve the cooperative,
3376
the statement shall describe the land and the nature and term of
3377
service, and the cooperative documents or other instrument
3378
creating such servitude shall be included as an exhibit.
3379
(18) The manner in which utility and other services,
3380
including, but not limited to, sewage and waste disposal, water
3381
supply, and storm drainage, will be provided and the person or
3382
entity furnishing them.
3383
(19) An explanation of the manner in which the
3384
apportionment of common expenses and ownership of the common
3385
areas have been determined.
3386
(20) An estimated operating budget for the cooperative and
3387
the association, and a schedule of the unit owner's expenses
3388
shall be attached as an exhibit and shall contain the following
3389
information:
3390
(a) The estimated monthly and annual expenses of the
3391
cooperative and the association that are collected from unit
3392
owners by assessments.
3393
(b) The estimated monthly and annual expenses of each unit
3394
owner for a unit, other than assessments payable to the
3395
association, payable by the unit owner to persons or entities
3396
other than the association, and the total estimated monthly and
3397
annual expense. There may be excluded from this estimate expenses
3398
that are personal to unit owners, which are not uniformly
3399
incurred by all unit owners, or which are not provided for or
3400
contemplated by the cooperative documents, including, but not
3401
limited to, the costs of private telephone; maintenance of the
3402
interior of cooperative units, which is not the obligation of the
3403
association; maid or janitorial services privately contracted for
3404
by the unit owners; utility bills billed directly to each unit
3405
owner for utility services to his or her unit; insurance premiums
3406
other than those incurred for policies obtained by the
3407
cooperative; and similar personal expenses of the unit owner. A
3408
unit owner's estimated payments for assessments shall also be
3409
stated in the estimated amounts for the times when they will be
3410
due.
3411
(c) The estimated items of expenses of the cooperative and
3412
the association, except as excluded under paragraph (b),
3413
including, but not limited to, the following items, which shall
3414
be stated either as an association expense collectible by
3415
assessments or as unit owners' expenses payable to persons other
3416
than the association:
3417
1. Expenses for the association and cooperative:
3418
a. Administration of the association.
3419
b. Management fees.
3420
c. Maintenance.
3421
d. Rent for recreational and other commonly used areas.
3422
e. Taxes upon association property.
3423
f. Taxes upon leased areas.
3424
g. Insurance.
3425
h. Security provisions.
3426
i. Other expenses.
3427
j. Operating capital.
3428
k. Reserves.
3429
l. Fee payable to the division.
3430
2. Expenses for a unit owner:
3431
a. Rent for the unit, if subject to a lease.
3432
b. Rent payable by the unit owner directly to the lessor or
3433
agent under any recreational lease or lease for the use of
3434
commonly used areas, which use and payment are a mandatory
3435
condition of ownership and are not included in the common expense
3436
or assessments for common maintenance paid by the unit owners to
3437
the association.
3438
(d) The following statement in conspicuous type: THE BUDGET
3439
CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3440
ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3441
ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3442
FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3443
ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3444
CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
3445
OFFERING.
3446
(e) Each budget for an association prepared by a developer
3447
consistent with this subsection shall be prepared in good faith
3448
and shall reflect accurate estimated amounts for the required
3449
items in paragraph (c) at the time of the filing of the offering
3450
circular with the division, and subsequent increased amounts of
3451
any item included in the association's estimated budget that are
3452
beyond the control of the developer shall not be considered an
3453
amendment that would give rise to rescission rights set forth in
3454
s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3455
or otherwise affect any guarantee of the developer contained in
3456
the offering circular or any purchase contract. It is the intent
3457
of this paragraph to clarify existing law.
3458
(f) The estimated amounts shall be stated for a period of
3459
at least 12 months and may distinguish between the period prior
3460
to the time unit owners other than the developer elect a majority
3461
of the board of administration and the period after that date.
3462
(21) A schedule of estimated closing expenses to be paid by
3463
a buyer or lessee of a unit and a statement of whether title
3464
opinion or title insurance policy is available to the buyer and,
3465
if so, at whose expense.
3466
(22) The identity of the developer and the chief operating
3467
officer or principal directing the creation and sale of the
3468
cooperative and a statement of its and his or her experience in
3469
this field.
3470
(23) Copies of the following, to the extent they are
3471
applicable, shall be included as exhibits:
3472
(a) The cooperative documents, or the proposed cooperative
3473
documents if the documents have not been recorded.
3474
(b) The articles of incorporation creating the association.
3475
(c) The bylaws of the association.
3476
(d) The ground lease or other underlying lease of the
3477
cooperative.
3478
(e) The management agreement and all maintenance and other
3479
contracts for management of the association and operation of the
3480
cooperative and facilities used by the unit owners having a
3481
service term in excess of 1 year.
3482
(f) The estimated operating budget for the cooperative and
3483
the required schedule of unit owners' expenses.
3484
(g) A copy of the floor plan of the unit and the plot plan
3485
showing the location of the residential buildings and the
3486
recreation and other common areas.
3487
(h) The lease of recreational and other facilities that
3488
will be used only by unit owners of the subject cooperative.
3489
(i) The lease of facilities used by owners and others.
3490
(j) The form of unit lease, if the offer is of a leasehold.
3491
(k) A declaration of servitude of properties serving the
3492
cooperative but not owned by unit owners or leased to them or the
3493
association.
3494
(l) The statement of condition of the existing building or
3495
buildings, if the offering is of units in an operation being
3496
converted to cooperative ownership.
3497
(m) The statement of inspection for termite damage and
3498
treatment of the existing improvements, if the cooperative is a
3499
conversion.
3500
(n) The form of agreement for sale or lease of units.
3501
(o) A copy of the agreement for escrow of payments made to
3502
the developer prior to closing.
3503
(p) A copy of the documents containing any restrictions on
3504
use of the property required by subsection (16).
3505
(24) Any prospectus or offering circular complying with the
3506
provisions of former ss. 711.69 and 711.802 may continue to be
3507
used without amendment, or may be amended to comply with the
3508
provisions of this chapter.
3509
(25) A brief narrative description of the location and
3510
effect of all existing and intended easements located or to be
3511
located on the cooperative property other than those in the
3512
declaration.
3513
(26) If the developer is required by state or local
3514
authorities to obtain acceptance or approval of any dock or
3515
marina facility intended to serve the cooperative, a copy of such
3516
acceptance or approval acquired by the time of filing with the
3517
division pursuant to s. 719.502 or a statement that such
3518
acceptance has not been acquired or received.
3519
(27) Evidence demonstrating that the developer has an
3520
ownership, leasehold, or contractual interest in the land upon
3521
which the cooperative is to be developed.
3522
Section 57. Section 719.508, Florida Statutes, is amended
3523
to read:
3524
719.508 Regulation by Division of Hotels and
3525
Restaurants.--In addition to the authority, regulation, or
3526
control exercised by the Division of Florida Land Sales,
3527
Condominiums, Timeshares, and Mobile Homes pursuant to this act
3528
with respect to cooperatives, buildings included in a cooperative
3529
property shall be subject to the authority, regulation, or
3530
control of the Division of Hotels and Restaurants of the
3531
Department of Business and Professional Regulation, to the extent
3532
provided for in chapters 399 and 509.
3533
Section 58. Paragraph (a) of subsection (2) of section
3534
719.608, Florida Statutes, is amended to read:
3535
719.608 Notice of intended conversion; time of delivery;
3536
content.--
3537
(2)(a) Each notice of intended conversion shall be dated
3538
and in writing. The notice shall contain the following statement,
3539
with the phrases of the following statement which appear in upper
3540
case printed in conspicuous type:
3541
3542
These apartments are being converted to cooperative by
3543
(name of developer) , the developer.
3544
1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3545
YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3546
AGREEMENT AS FOLLOWS:
3547
a. If you have continuously been a resident of these
3548
apartments during the last 180 days and your rental agreement
3549
expires during the next 270 days, you may extend your rental
3550
agreement for up to 270 days after the date of this notice.
3551
b. If you have not been a continuous resident of these
3552
apartments for the last 180 days and your rental agreement
3553
expires during the next 180 days, you may extend your rental
3554
agreement for up to 180 days after the date of this notice.
3555
c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3556
MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3557
DATE OF THIS NOTICE.
3558
2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3559
you may extend your rental agreement for up to 45 days after the
3560
date of this notice while you decide whether to extend your
3561
rental agreement as explained above. To do so, you must notify
3562
the developer in writing. You will then have the full 45 days to
3563
decide whether to extend your rental agreement as explained
3564
above.
3565
3. During the extension of your rental agreement you will
3566
be charged the same rent that you are now paying.
3567
4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3568
OF THE RENTAL AGREEMENT AS FOLLOWS:
3569
a. If your rental agreement began or was extended or
3570
renewed after May 1, 1980, and your rental agreement, including
3571
extensions and renewals, has an unexpired term of 180 days or
3572
less, you may cancel your rental agreement upon 30 days' written
3573
notice and move. Also, upon 30 days' written notice, you may
3574
cancel any extension of the rental agreement.
3575
b. If your rental agreement was not begun or was not
3576
extended or renewed after May 1, 1980, you may not cancel the
3577
rental agreement without the consent of the developer. If your
3578
rental agreement, including extensions and renewals, has an
3579
unexpired term of 180 days or less, you may, however, upon 30
3580
days' written notice cancel any extension of the rental
3581
agreement.
3582
5. All notices must be given in writing and sent by mail,
3583
return receipt requested, or delivered in person to the developer
3584
at this address: (name and address of developer) .
3585
6. If you have continuously been a resident of these
3586
apartments during the last 180 days:
3587
a. You have the right to purchase your apartment and will
3588
have 45 days to decide whether to purchase. If you do not buy the
3589
unit at that price and the unit is later offered at a lower
3590
price, you will have the opportunity to buy the unit at the lower
3591
price. However, in all events your right to purchase the unit
3592
ends when the rental agreement or any extension of the rental
3593
agreement ends or when you waive this right in writing.
3594
b. Within 90 days you will be provided purchase information
3595
relating to your apartment, including the price of your unit and
3596
the condition of the building. If you do not receive this
3597
information within 90 days, your rental agreement and any
3598
extension will be extended 1 day for each day over 90 days until
3599
you are given the purchase information. If you do not want this
3600
rental agreement extension, you must notify the developer in
3601
writing.
3602
7. If you have any questions regarding this conversion or
3603
the Cooperative Act, you may contact the developer or the state
3604
agency which regulates cooperatives: The Division of Florida Land
3605
Sales, Condominiums, Timeshares, and Mobile Homes, (Tallahassee
3606
address and telephone number of division) .
3607
Section 59. Subsection (7) of section 720.301, Florida
3608
Statutes, is amended to read:
3609
720.301 Definitions.--As used in this chapter, the term:
3610
(7) "Division" means the Division of Florida Land Sales,
3611
Condominiums, Timeshares, and Mobile Homes in the Department of
3612
Business and Professional Regulation.
3613
Section 60. Subsection (2) of section 720.401, Florida
3614
Statutes, is amended to read:
3615
720.401 Prospective purchasers subject to association
3616
membership requirement; disclosure required; covenants;
3617
assessments; contract cancellation.--
3618
(2) This section does not apply to any association
3619
regulated under chapter 718, chapter 719, chapter 721, or chapter
3620
723 or to a subdivider registered under chapter 498; and also
3621
does not apply if disclosure regarding the association is
3622
otherwise made in connection with the requirements of chapter
3623
718, chapter 719, chapter 721, or chapter 723.
3624
Section 61. Paragraph (c) of subsection (1) of section
3625
721.03, Florida Statutes, is amended to read:
3626
721.03 Scope of chapter.--
3627
(1) This chapter applies to all timeshare plans consisting
3628
of more than seven timeshare periods over a period of at least 3
3629
years in which the accommodations and facilities, if any, are
3630
located within this state or offered within this state; provided
3631
that:
3632
(c) All timeshare accommodations or facilities which are
3633
located outside the state but offered for sale in this state
3634
shall be governed by the following:
3635
1. The offering for sale in this state of timeshare
3636
accommodations and facilities located outside the state is
3639
2. The division shall not require a developer of timeshare
3640
accommodations or facilities located outside of this state to
3641
make changes in any timeshare instrument to conform to the
3643
power to require disclosure of those provisions of the timeshare
3645
director determines is necessary to fairly, meaningfully, and
3646
effectively disclose all aspects of the timeshare plan.
3647
3. Except as provided in this subparagraph, the division
3648
shall have no authority to determine whether any person has
3649
complied with another state's laws or to disapprove any filing
3650
out-of-state, timeshare instrument, or component site document,
3651
based solely upon the lack or degree of timeshare regulation in
3652
another state. The division may require a developer to obtain and
3653
provide to the division existing documentation relating to an
3654
out-of-state filing, timeshare instrument, or component site
3655
document and prove compliance of same with the laws of that
3656
state. In this regard, the division may accept any evidence of
3657
the approval or acceptance of any out-of-state filing, timeshare
3658
instrument, or component site document by another state in lieu
3659
of requiring a developer to file the out-of-state filing,
3660
timeshare instrument, or component site document with the
3661
division pursuant to this section, or the division may accept an
3662
opinion letter from an attorney or law firm opining as to the
3663
compliance of such out-of-state filing, timeshare instrument, or
3664
component site document with the laws of another state. The
3665
division may refuse to approve the inclusion of any out-of-state
3666
filing, timeshare instrument, or component site document as part
3667
of a public offering statement based upon the inability of the
3668
developer to establish the compliance of same with the laws of
3669
another state.
3670
4. The division is authorized to enter into an agreement
3671
with another state for the purpose of facilitating the processing
3672
of out-of-state timeshare instruments or other component site
3673
documents pursuant to this chapter and for the purpose of
3674
facilitating the referral of consumer complaints to the
3675
appropriate state.
3676
5. Notwithstanding any other provision of this paragraph,
3677
the offer, in this state, of an additional interest to existing
3678
purchasers in the same timeshare plan or the same component site
3679
of a multisite timeshare plan, the same nonspecific multisite
3680
timeshare plan, with accommodations and facilities located
3681
outside of this state shall not be subject to the provisions of
3682
this chapter if the offer complies with the provisions of s.
3683
721.11(4).
3684
Section 62. Subsection (11) of section 721.05, Florida
3685
Statutes, is amended to read:
3686
721.05 Definitions.--As used in this chapter, the term:
3687
(11) "Division" means the Division of Florida Land Sales,
3688
Condominiums, Timeshares, and Mobile Homes of the Department of
3689
Business and Professional Regulation.
3690
Section 63. Paragraph (d) of subsection (2) of section
3691
721.07, Florida Statutes, is amended to read:
3692
721.07 Public offering statement.--Prior to offering any
3693
timeshare plan, the developer must submit a filed public offering
3694
statement to the division for approval as prescribed by s.
3696
such filing, any contract regarding the sale of that timeshare
3697
plan is subject to cancellation by the purchaser pursuant to s.
3698
3699
(2)
3700
(d) A developer shall have the authority to deliver to
3701
purchasers any purchaser public offering statement that is not
3702
yet approved by the division, provided that the following shall
3703
apply:
3704
1. At the time the developer delivers an unapproved
3705
purchaser public offering statement to a purchaser pursuant to
3706
this paragraph, the developer shall deliver a fully completed and
3707
executed copy of the purchase contract required by s. 721.06 that
3708
contains the following statement in conspicuous type in
3709
substantially the following form which shall replace the
3710
statements required by s. 721.06(1)(g):
3711
3712
The developer is delivering to you a public offering statement
3713
that has been filed with but not yet approved by the Division of
3714
Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3715
Any revisions to the unapproved public offering statement you
3716
have received must be delivered to you, but only if the revisions
3717
materially alter or modify the offering in a manner adverse to
3718
you. After the division approves the public offering statement,
3719
you will receive notice of the approval from the developer and
3720
the required revisions, if any.
3721
3722
Your statutory right to cancel this transaction without any
3723
penalty or obligation expires 10 calendar days after the date you
3724
signed your purchase contract or the date on which you receive
3725
the last of all documents required to be given to you pursuant to
3726
section 721.07(6), Florida Statutes, or 10 calendar days after
3727
you receive revisions required to be delivered to you, if any,
3728
whichever is later. If you decide to cancel this contract, you
3729
must notify the seller in writing of your intent to cancel. Your
3730
notice of cancellation shall be effective upon the date sent and
3731
shall be sent to (Name of Seller) at (Address of Seller) .
3732
Any attempt to obtain a waiver of your cancellation right is void
3733
and of no effect. While you may execute all closing documents in
3734
advance, the closing, as evidenced by delivery of the deed or
3735
other document, before expiration of your 10-day cancellation
3736
period, is prohibited.
3737
3738
2. After receipt of approval from the division and prior to
3739
closing, if any revisions made to the documents contained in the
3740
purchaser public offering statement materially alter or modify
3741
the offering in a manner adverse to a purchaser, the developer
3742
shall send the purchaser such revisions together with a notice
3743
containing a statement in conspicuous type in substantially the
3744
following form:
3745
3746
The unapproved public offering statement previously delivered to
3747
you, together with the enclosed revisions, has been approved by
3748
the Division of Florida Land Sales, Condominiums, Timeshares, and
3749
Mobile Homes. Accordingly, your cancellation right expires 10
3750
calendar days after you sign your purchase contract or 10
3751
calendar days after you receive these revisions, whichever is
3752
later. If you have any questions regarding your cancellation
3753
rights, you may contact the division at [insert division's
3754
current address].
3755
3756
3. After receipt of approval from the division and prior to
3757
closing, if no revisions have been made to the documents
3758
contained in the unapproved purchaser public offering statement,
3759
or if such revisions do not materially alter or modify the
3760
offering in a manner adverse to a purchaser, the developer shall
3761
send the purchaser a notice containing a statement in conspicuous
3762
type in substantially the following form:
3763
3764
The unapproved public offering statement previously delivered to
3765
you has been approved by the Division of Florida Land Sales,
3766
Condominiums, Timeshares, and Mobile Homes. Revisions made to the
3767
unapproved public offering statement, if any, are either not
3768
required to be delivered to you or are not deemed by the
3769
developer, in its opinion, to materially alter or modify the
3770
offering in a manner that is adverse to you. Accordingly, your
3771
cancellation right expired 10 days after you signed your purchase
3772
contract. A complete copy of the approved public offering
3773
statement is available through the managing entity for inspection
3774
as part of the books and records of the plan. If you have any
3775
questions regarding your cancellation rights, you may contact the
3776
division at [insert division's current address].
3777
Section 64. Subsection (8) of section 721.08, Florida
3778
Statutes, is amended to read:
3779
721.08 Escrow accounts; nondisturbance instruments;
3780
alternate security arrangements; transfer of legal title.--
3781
(8) An escrow agent holding escrowed funds pursuant to this
3782
chapter that have not been claimed for a period of 5 years after
3783
the date of deposit shall make at least one reasonable attempt to
3784
deliver such unclaimed funds to the purchaser who submitted such
3785
funds to escrow. In making such attempt, an escrow agent is
3786
entitled to rely on a purchaser's last known address as set forth
3787
in the books and records of the escrow agent and is not required
3788
to conduct any further search for the purchaser. If an escrow
3789
agent's attempt to deliver unclaimed funds to any purchaser is
3790
unsuccessful, the escrow agent may deliver such unclaimed funds
3791
to the division and the division shall deposit such unclaimed
3792
funds in the Division of Florida Land Sales, Condominiums,
3793
Timeshares, and Mobile Homes Trust Fund, 30 days after giving
3794
notice in a publication of general circulation in the county in
3795
which the timeshare property containing the purchaser's timeshare
3796
interest is located. The purchaser may claim the same at any time
3797
prior to the delivery of such funds to the division. After
3798
delivery of such funds to the division, the purchaser shall have
3799
no more rights to the unclaimed funds. The escrow agent shall not
3800
be liable for any claims from any party arising out of the escrow
3801
agent's delivery of the unclaimed funds to the division pursuant
3802
to this section.
3803
Section 65. Section 721.26, Florida Statutes, is amended to
3804
read:
3805
721.26 Regulation by division.--The division has the power
3806
to enforce and ensure compliance with the provisions of this
3807
chapter, except for parts III and IV, using the powers provided
3808
in this chapter, as well as the powers prescribed in chapters
3809
498, 718, and 719. In performing its duties, the division shall
3810
have the following powers and duties:
3811
(1) To aid in the enforcement of this chapter, or any
3812
division rule adopted or order promulgated or issued pursuant to
3813
this chapter, the division may make necessary public or private
3814
investigations within or outside this state to determine whether
3815
any person has violated or is about to violate this chapter, or
3816
any division rule adopted or order promulgated or issued pursuant
3817
to this chapter.
3818
(2) The division may require or permit any person to file a
3819
written statement under oath or otherwise, as the division
3820
determines, as to the facts and circumstances concerning a matter
3821
under investigation.
3822
(3) For the purpose of any investigation under this
3823
chapter, the director of the division or any officer or employee
3824
designated by the director may administer oaths or affirmations,
3825
subpoena witnesses and compel their attendance, take evidence,
3826
and require the production of any matter which is relevant to the
3827
investigation, including the identity, existence, description,
3828
nature, custody, condition, and location of any books, documents,
3829
or other tangible things and the identity and location of persons
3830
having knowledge of relevant facts or any other matter reasonably
3831
calculated to lead to the discovery of material evidence. Failure
3832
to obey a subpoena or to answer questions propounded by the
3833
investigating officer and upon reasonable notice to all persons
3834
affected thereby shall be a violation of this chapter. In
3835
addition to the other enforcement powers authorized in this
3836
subsection, the division may, at its discretion, apply to the
3837
circuit court for an order compelling compliance.
3838
(4) The division may prepare and disseminate a prospectus
3839
and other information to assist prospective purchasers, sellers,
3840
and managing entities of timeshare plans in assessing the rights,
3841
privileges, and duties pertaining thereto.
3842
(5) Notwithstanding any remedies available to purchasers,
3843
if the division has reasonable cause to believe that a violation
3844
of this chapter, or of any division rule adopted or order
3845
promulgated or issued pursuant to this chapter, has occurred, the
3846
division may institute enforcement proceedings in its own name
3847
against any regulated party, as such term is defined in this
3848
subsection:
3849
(a)1. "Regulated party," for purposes of this section,
3850
means any developer, exchange company, seller, managing entity,
3851
owners' association, owners' association director, owners'
3852
association officer, manager, management firm, escrow agent,
3853
trustee, any respective assignees or agents, or any other person
3854
having duties or obligations pursuant to this chapter.
3855
2. Any person who materially participates in any offer or
3856
disposition of any interest in, or the management or operation
3857
of, a timeshare plan in violation of this chapter or relevant
3858
rules involving fraud, deception, false pretenses,
3859
misrepresentation, or false advertising or the disbursement,
3860
concealment, or diversion of any funds or assets, which conduct
3861
adversely affects the interests of a purchaser, and which person
3862
directly or indirectly controls a regulated party or is a general
3863
partner, officer, director, agent, or employee of such regulated
3864
party, shall be jointly and severally liable under this
3865
subsection with such regulated party, unless such person did not
3866
know, and in the exercise of reasonable care could not have
3867
known, of the existence of the facts giving rise to the violation
3868
of this chapter. A right of contribution shall exist among
3869
jointly and severally liable persons pursuant to this paragraph.
3870
(b) The division may permit any person whose conduct or
3871
actions may be under investigation to waive formal proceedings
3872
and enter into a consent proceeding whereby an order, rule, or
3873
letter of censure or warning, whether formal or informal, may be
3874
entered against that person.
3875
(c) The division may issue an order requiring a regulated
3876
party to cease and desist from an unlawful practice under this
3877
chapter and take such affirmative action as in the judgment of
3878
the division will carry out the purposes of this chapter.
3879
(d)1. The division may bring an action in circuit court for
3880
declaratory or injunctive relief or for other appropriate relief,
3881
including restitution.
3882
2. The division shall have broad authority and discretion
3883
to petition the circuit court to appoint a receiver with respect
3884
to any managing entity which fails to perform its duties and
3885
obligations under this chapter with respect to the operation of a
3886
timeshare plan. The circumstances giving rise to an appropriate
3887
petition for receivership under this subparagraph include, but
3888
are not limited to:
3889
a. Damage to or destruction of any of the accommodations or
3890
facilities of a timeshare plan, where the managing entity has
3891
failed to repair or reconstruct same.
3892
b. A breach of fiduciary duty by the managing entity,
3893
including, but not limited to, undisclosed self-dealing or
3894
failure to timely assess, collect, or disburse the common
3895
expenses of the timeshare plan.
3896
c. Failure of the managing entity to operate the timeshare
3897
plan in accordance with the timeshare instrument and this
3898
chapter.
3899
3900
If, under the circumstances, it appears that the events giving
3901
rise to the petition for receivership cannot be reasonably and
3902
timely corrected in a cost-effective manner consistent with the
3903
timeshare instrument, the receiver may petition the circuit court
3904
to implement such amendments or revisions to the timeshare
3905
instrument as may be necessary to enable the managing entity to
3906
resume effective operation of the timeshare plan, or to enter an
3907
order terminating the timeshare plan, or to enter such further
3908
orders regarding the disposition of the timeshare property as the
3909
court deems appropriate, including the disposition and sale of
3910
the timeshare property held by the owners' association or the
3911
purchasers. In the event of a receiver's sale, all rights, title,
3912
and interest held by the owners' association or any purchaser
3913
shall be extinguished and title shall vest in the buyer. This
3914
provision applies to timeshare estates, personal property
3915
timeshare interests, and timeshare licenses. All reasonable costs
3916
and fees of the receiver relating to the receivership shall
3917
become common expenses of the timeshare plan upon order of the
3918
court.
3919
3. The division may revoke its approval of any filing for
3920
any timeshare plan for which a petition for receivership has been
3921
filed pursuant to this paragraph.
3922
(e)1. The division may impose a penalty against any
3923
regulated party for a violation of this chapter or any rule
3924
adopted thereunder. A penalty may be imposed on the basis of each
3925
day of continuing violation, but in no event may the penalty for
3926
any offense exceed $10,000. All accounts collected shall be
3927
deposited with the Chief Financial Officer to the credit of the
3928
Division of Florida Land Sales, Condominiums, Timeshares, and
3929
Mobile Homes Trust Fund.
3930
2.a. If a regulated party fails to pay a penalty, the
3931
division shall thereupon issue an order directing that such
3932
regulated party cease and desist from further operation until
3933
such time as the penalty is paid; or the division may pursue
3934
enforcement of the penalty in a court of competent jurisdiction.
3935
b. If an owners' association or managing entity fails to
3936
pay a civil penalty, the division may pursue enforcement in a
3937
court of competent jurisdiction.
3938
(f) In order to permit the regulated party an opportunity
3939
either to appeal such decision administratively or to seek relief
3940
in a court of competent jurisdiction, the order imposing the
3941
penalty or the cease and desist order shall not become effective
3942
until 20 days after the date of such order.
3943
(g) Any action commenced by the division shall be brought
3944
in the county in which the division has its executive offices or
3945
in the county where the violation occurred.
3946
(h) Notice to any regulated party shall be complete when
3947
delivered by United States mail, return receipt requested, to the
3948
party's address currently on file with the division or to such
3949
other address at which the division is able to locate the party.
3950
Every regulated party has an affirmative duty to notify the
3951
division of any change of address at least 5 business days prior
3952
to such change.
3953
(6) The division has authority to adopt rules pursuant to
3955
of this chapter.
3956
(7)(a) The use of any unfair or deceptive act or practice
3957
by any person in connection with the sales or other operations of
3958
an exchange program or timeshare plan is a violation of this
3959
chapter.
3960
(b) Any violation of the Florida Deceptive and Unfair Trade
3961
Practices Act, ss. 501.201 et seq., relating to the creation,
3962
promotion, sale, operation, or management of any timeshare plan
3963
shall also be a violation of this chapter.
3964
(c) The division may is authorized to institute proceedings
3965
against any such person and take any appropriate action
3966
authorized in this section in connection therewith,
3967
notwithstanding any remedies available to purchasers.
3968
(8) The failure of any person to comply with any order of
3969
the division is a violation of this chapter.
3970
Section 66. Section 721.28, Florida Statutes, is amended to
3971
read:
3972
721.28 Division of Florida Land Sales, Condominiums,
3973
Timeshares, and Mobile Homes Trust Fund.--All funds collected by
3974
the division and any amounts paid as fees or penalties under this
3975
chapter shall be deposited in the State Treasury to the credit of
3976
the Division of Florida Land Sales, Condominiums, Timeshares, and
3978
Section 67. Paragraph (c) of subsection (1) of section
3979
721.301, Florida Statutes, is amended to read:
3980
721.301 Florida Timesharing, Vacation Club, and Hospitality
3981
Program.--
3982
(1)
3983
(c) The director may designate funds from the Division of
3984
Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
3985
Trust Fund, not to exceed $50,000 annually, to support the
3986
projects and proposals undertaken pursuant to paragraph (b). All
3987
state trust funds to be expended pursuant to this section must be
3988
matched equally with private moneys and shall comprise no more
3989
than half of the total moneys expended annually.
3990
Section 68. Section 721.50, Florida Statutes, is amended to
3991
read:
3992
721.50 Short title.--This part may be cited as the
3993
"McAllister Act" in recognition and appreciation for the years of
3994
extraordinary and insightful contributions by Mr. Bryan C.
3995
McAllister, Examinations Supervisor of the former, Division of
3996
Florida Land Sales, Condominiums, and Mobile Homes.
3997
Section 69. Subsection (1) of section 723.003, Florida
3998
Statutes, is amended to read:
3999
723.003 Definitions.--As used in this chapter, the
4000
following words and terms have the following meanings unless
4001
clearly indicated otherwise:
4002
(1) The term "division" means the Division of Florida Land
4003
Sales, Condominiums, Timeshares, and Mobile Homes of the
4004
Department of Business and Professional Regulation.
4005
Section 70. Paragraph (e) of subsection (5) of section
4006
723.006, Florida Statutes, is amended to read:
4007
723.006 Powers and duties of division.--In performing its
4008
duties, the division has the following powers and duties:
4009
(5) Notwithstanding any remedies available to mobile home
4010
owners, mobile home park owners, and homeowners' associations, if
4011
the division has reasonable cause to believe that a violation of
4012
any provision of this chapter or related any rule promulgated
4013
pursuant hereto has occurred, the division may institute
4014
enforcement proceedings in its own name against a developer,
4015
mobile home park owner, or homeowners' association, or its
4016
assignee or agent, as follows:
4017
(e)1. The division may impose a civil penalty against a
4018
mobile home park owner or homeowners' association, or its
4019
assignee or agent, for any violation of this chapter, a properly
4020
adopted promulgated park rule or regulation, or a rule adopted or
4021
regulation promulgated pursuant hereto. A penalty may be imposed
4022
on the basis of each separate violation and, if the violation is
4023
a continuing one, for each day of continuing violation, but in no
4024
event may the penalty for each separate violation or for each day
4025
of continuing violation exceed $5,000. All amounts collected
4026
shall be deposited with the Chief Financial Officer to the credit
4027
of the Division of Florida Land Sales, Condominiums, Timeshares,
4028
and Mobile Homes Trust Fund.
4029
2. If a violator fails to pay the civil penalty, the
4030
division shall thereupon issue an order directing that such
4031
violator cease and desist from further violation until such time
4032
as the civil penalty is paid or may pursue enforcement of the
4033
penalty in a court of competent jurisdiction. If a homeowners'
4034
association fails to pay the civil penalty, the division shall
4035
thereupon pursue enforcement in a court of competent
4036
jurisdiction, and the order imposing the civil penalty or the
4037
cease and desist order shall not become effective until 20 days
4038
after the date of such order. Any action commenced by the
4039
division shall be brought in the county in which the division has
4040
its executive offices or in which the violation occurred.
4041
Section 71. Section 723.009, Florida Statutes, is amended
4042
to read:
4043
723.009 Division of Florida Land Sales, Condominiums,
4044
Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
4045
fees, penalties, and fines imposed pursuant to this chapter shall
4046
be deposited into the Division of Florida Land Sales,
4047
Condominiums, Timeshares, and Mobile Homes Trust Fund created by
4049
Legislature pursuant to chapter 216, may be used to defray the
4050
expenses incurred by the division in administering the provisions
4051
of this chapter.
4052
Section 72. Paragraph (c) of subsection (2) of section
4053
723.0611, Florida Statutes, is amended to read:
4054
723.0611 Florida Mobile Home Relocation Corporation.--
4055
(2)
4056
(c) The corporation shall, for purposes of s. 768.28, be
4057
considered an agency of the state. Agents or employees of the
4058
corporation, members of the board of directors of the
4059
corporation, or representatives of the Division of Florida Land
4060
Sales, Condominiums, Timeshares, and Mobile Homes shall be
4061
considered officers, employees, or agents of the state, and
4062
actions against them and the corporation shall be governed by s.
4063
4064
Section 73. Except as otherwise expressly provided in this
4065
act, this act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.