Florida Senate - 2008 CS for CS for SB's 2086 & 2498
By the Committees on Judiciary; Regulated Industries; and Senators Jones and Bennett
590-07896-08 20082086c2
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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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relating to regulation of land sales practices; amending
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s. 548.0065, F.S.; including amateur mixed martial arts in
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a provision relating to the authority of the Florida State
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Boxing Commission to suspend amateur matches for violation
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of certain health and safety standards; amending s.
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548.008, F.S.; removing prohibition against holding
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amateur mixed martial arts matches in this state; amending
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s. 548.041, F.S.; providing additional licensure
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requirements for boxing participants; amending s. 718.501,
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F.S.; providing additional powers and duties of the
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division; providing for additional enforcement proceedings
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for carrying out the purposes of ch. 718, F.S.; deleting
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the payment of money by a developer to a condominium
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association as a permissible affirmative action; providing
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for actions of conservator or receiver; providing for
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application to circuit court for an order of restitution;
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providing for imposition of civil penalties and award of
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court costs, attorney's fees, and costs of investigation
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under certain circumstances; providing for contracting for
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investigative services; providing for acceptance of
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grants-in-aid; requiring the cooperation with similar
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agencies on establishment of certain procedures,
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standards, and forms; providing what constitutes
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completeness of notice; authorizing the division to issue
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a notice to show cause; providing conforming changes;
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amending s. 718.509, F.S., and transferring, renumbering,
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and amending s. 498.019, F.S.; consolidating and revising
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provisions relating to the creation, purposes, and sources
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of funds of the Division of Florida Condominiums,
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Timeshares, and Mobile Homes Trust Fund; revising
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provisions to conform to the change in division name;
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providing for the deposit of moneys resulting from an
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administrative final order; amending s. 721.03, F.S.;
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clarifying that timeshare plan includes a nonspecific
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conform; amending s. 849.094, F.S.; providing that certain
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provisions related to game promotion in connection with
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the sale of consumer products or services do not apply to
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pari-mutuel permitholders licensed to conduct slot machine
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gaming; 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.
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Therefore, the Legislature requires a report to be prepared by
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the Office of Insurance Regulation of the Department of Financial
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Services for publication 18 months from the effective date of
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this act, evaluating premium increases or decreases for
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associations, unit owner premium increases or decreases,
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recommended changes to better define common areas, or any other
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information the Office of Insurance Regulation deems appropriate.
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(a) A unit-owner controlled association operating a
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residential condominium shall use its best efforts to obtain and
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maintain adequate insurance to protect the association, the
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association property, the common elements, and the condominium
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property required to be insured by the association pursuant to
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paragraph (b). If the association is developer controlled, the
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association shall exercise due diligence to obtain and maintain
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such insurance. Failure to obtain and maintain adequate insurance
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during any period of developer control shall constitute a breach
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of fiduciary responsibility by the developer-appointed members of
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the board of directors of the association, unless said members
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can show that despite such failure, they have exercised due
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diligence. The declaration of condominium as originally recorded,
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or amended pursuant to procedures provided therein, may require
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that condominium property consisting of freestanding buildings
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where there is no more than one building in or on such unit need
498
not be insured by the association if the declaration requires the
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unit owner to obtain adequate insurance for the condominium
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property. An association may also obtain and maintain liability
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insurance for directors and officers, insurance for the benefit
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of association employees, and flood insurance for common
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elements, association property, and units. Adequate insurance,
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regardless of any requirement in the declaration of condominium
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for coverage by the association for "full insurable value,"
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"replacement cost," or the like, may include reasonable
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deductibles as determined by the board based upon available funds
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or predetermined assessment authority at the time that the
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insurance is obtained.
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1. Windstorm insurance coverage for a group of no fewer
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than three communities created and operating under this chapter,
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chapter 719, chapter 720, or chapter 721 may be obtained and
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maintained for the communities if the insurance coverage is
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sufficient to cover an amount equal to the probable maximum loss
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for the communities for a 250-year windstorm event. Such probable
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maximum loss must be determined through the use of a competent
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model that has been accepted by the Florida Commission on
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Hurricane Loss Projection Methodology. Such insurance coverage is
519
deemed adequate windstorm insurance for the purposes of this
520
section.
521
2. An association or group of associations may self-insure
522
against claims against the association, the association property,
523
and the condominium property required to be insured by an
524
association, upon compliance with the applicable provisions of
526
for the purposes of this section. A copy of each policy of
527
insurance in effect shall be made available for inspection by
528
unit owners at reasonable times.
529
(b) Every hazard insurance policy issued or renewed on or
530
after January 1, 2004, to protect the condominium shall provide
531
primary coverage for:
532
1. All portions of the condominium property located outside
533
the units;
534
2. The condominium property located inside the units as
535
such property was initially installed, or replacements thereof of
536
like kind and quality and in accordance with the original plans
537
and specifications or, if the original plans and specifications
538
are not available, as they existed at the time the unit was
539
initially conveyed; and
540
3. All portions of the condominium property for which the
541
declaration of condominium requires coverage by the association.
542
543
Anything to the contrary notwithstanding, the terms "condominium
544
property," "building," "improvements," "insurable improvements,"
545
"common elements," "association property," or any other term
546
found in the declaration of condominium which defines the scope
547
of property or casualty insurance that a condominium association
548
must obtain shall exclude all floor, wall, and ceiling coverings,
549
electrical fixtures, appliances, air conditioner or heating
550
equipment, water heaters, water filters, built-in cabinets and
551
countertops, and window treatments, including curtains, drapes,
552
blinds, hardware, and similar window treatment components, or
553
replacements of any of the foregoing which are located within the
554
boundaries of a unit and serve only one unit and all air
555
conditioning compressors that service only an individual unit,
556
whether or not located within the unit boundaries. The foregoing
557
is intended to establish the property or casualty insuring
558
responsibilities of the association and those of the individual
559
unit owner and do not serve to broaden or extend the perils of
560
coverage afforded by any insurance contract provided to the
561
individual unit owner. Beginning January 1, 2004, the association
562
shall have the authority to amend the declaration of condominium,
563
without regard to any requirement for mortgagee approval of
564
amendments affecting insurance requirements, to conform the
565
declaration of condominium to the coverage requirements of this
566
section.
567
(c) Every hazard insurance policy issued or renewed on or
568
after January 1, 2004, to an individual unit owner shall provide
569
that the coverage afforded by such policy is excess over the
570
amount recoverable under any other policy covering the same
571
property. Each insurance policy issued to an individual unit
572
owner providing such coverage shall be without rights of
573
subrogation against the condominium association that operates the
574
condominium in which such unit owner's unit is located. All real
575
or personal property located within the boundaries of the unit
576
owner's unit which is excluded from the coverage to be provided
577
by the association as set forth in paragraph (b) shall be insured
578
by the individual unit owner.
579
(d) The association shall obtain and maintain adequate
580
insurance or fidelity bonding of all persons who control or
581
disburse funds of the association. The insurance policy or
582
fidelity bond must cover the maximum funds that will be in the
583
custody of the association or its management agent at any one
584
time. As used in this paragraph, the term "persons who control or
585
disburse funds of the association" includes, but is not limited
586
to, those individuals authorized to sign checks and the
587
president, secretary, and treasurer of the association. The
588
association shall bear the cost of bonding.
589
Section 2. Paragraph (a) of subsection (1) of section
590
718.115, Florida Statutes, is amended to read:
591
718.115 Common expenses and common surplus.--
592
(1)(a) Common expenses include the expenses of the
593
operation, maintenance, repair, replacement, or protection of the
594
common elements and association property, costs of carrying out
595
the powers and duties of the association, and any other expense,
596
whether or not included in the foregoing, designated as common
597
expense by this chapter, the declaration, the documents creating
598
the association, or the bylaws. Common expenses also include
599
reasonable transportation services, insurance for directors and
600
officers, road maintenance and operation expenses, in-house
601
communications, and security services, which are reasonably
602
related to the general benefit of the unit owners even if such
603
expenses do not attach to the common elements or property of the
604
condominium. However, such common expenses must either have been
605
services or items provided on or after the date control of the
606
association is transferred from the developer to the unit owners
607
or must be services or items provided for in the condominium
608
documents or bylaws. Unless the manner of payment or allocation
609
of expenses is otherwise addressed in the declaration of
610
condominium, the expenses of any items or services required by
611
any federal, state, or local governmental entity to be installed,
612
maintained, or supplied to the condominium property by the
613
association, including, but not limited to, fire safety equipment
614
or water and sewer service where a master meter serves the
615
condominium, shall be common expenses whether or not such items
616
or services are specifically identified as common expenses in the
617
declaration of condominium, articles of incorporation, or bylaws
618
of the association.
619
Section 3. Subsection (8) of section 718.116, Florida
620
Statutes, is amended to read:
621
718.116 Assessments; liability; lien and priority;
622
interest; collection.--
623
(8) Within 15 days after receiving a written request
624
therefor from a unit owner or his or her designee purchaser, or
625
a unit mortgagee or his or her designee, the association shall
626
provide a certificate signed by an officer or agent of the
627
association stating all assessments and other moneys owed to the
628
association by the unit owner with respect to the condominium
629
parcel.
630
(a) Any person other than the owner who relies upon such
631
certificate shall be protected thereby.
632
(b) A summary proceeding pursuant to s. 51.011 may be
633
brought to compel compliance with this subsection, and in any
634
such action the prevailing party is entitled to recover
635
reasonable attorney's fees.
636
(c) Notwithstanding any limitation on transfer fees
637
contained in s. 718.112(2)(i), the association or its authorized
638
agent may charge a reasonable fee for the preparation of the
639
certificate. The amount of the fee must be included on the
640
certificate.
641
(d) The authority to charge a fee for the certificate shall
642
be established by a written resolution adopted by the board or
643
provided by a written management, bookkeeping, or maintenance
644
contract and is payable upon the preparation of the certificate.
645
If the certificate is requested in conjunction with the sale or
646
mortgage of a unit but the closing does not occur and no later
647
than 30 days after the closing date for which the certificate was
648
sought the preparer receives a written request, accompanied by
649
reasonable documentation, that the sale did not occur from a
650
payer that is not the unit owner, the fee shall be refunded to
651
that payer within 30 days after receipt of the request. The
652
refund is the obligation of the unit owner, and the association
653
may collect it from that owner in the same manner as an
654
assessment as provided in this section.
655
Section 4. Paragraph (c) of subsection (17) of section
656
718.117, Florida Statutes, is amended to read:
657
718.117 Termination of condominium.--
658
(17) DISTRIBUTION.--
659
(c) The proceeds from any sale of condominium property or
660
association property and any remaining condominium property or
661
association property, common surplus, and other assets shall be
662
distributed in the following priority:
663
1. To pay the reasonable termination trustee's fees and
664
costs and accounting fees and costs.
665
2. To lienholders of liens recorded prior to the recording
666
of the declaration.
667
3. To purchase-money lienholders on units to the extent
668
necessary to satisfy their liens; however, the distribution may
669
not exceed a unit owner's share of the proceeds.
670
4. To lienholders of liens of the association which have
671
been consented to under s. 718.121(1).
672
5. To creditors of the association, as their interests
673
appear.
674
6. To unit owners, the proceeds of any sale of condominium
675
property subject to satisfaction of liens on each unit in their
676
order of priority, in shares specified in the plan of
677
termination, unless objected to by a unit owner or lienor as
678
provided in paragraph (b).
679
7. To unit owners, the remaining condominium property,
680
subject to satisfaction of liens on each unit in their order of
681
priority, in shares specified in the plan of termination, unless
682
objected to by a unit owner or a lienor as provided in paragraph
683
(b).
684
8. To unit owners, the proceeds of any sale of association
685
property, the remaining association property, common surplus, and
686
other assets of the association, subject to satisfaction of liens
687
on each unit in their order of priority, in shares specified in
688
the plan of termination, unless objected to by a unit owner or a
689
lienor as provided in paragraph (b).
690
Section 5. Section 720.30851, Florida Statutes, is created
691
to read:
692
720.30851 Estoppel certificates.--Within 15 days after the
693
date on which a request for an estoppel certificate is received
694
from a parcel owner or mortgagee, or his or her designee, the
695
association shall provide a certificate signed by an officer or
696
authorized agent of the association stating all assessments and
697
other moneys owed to the association by the parcel owner or
698
mortgagee with respect to the parcel. An association may charge a
699
fee for the preparation of such certificate, and the amount of
700
such fee must be stated on the certificate.
701
(1) Any person other than a parcel owner who relies upon a
702
certificate receives the benefits and protection thereof.
703
(2) A summary proceeding pursuant to s. 51.011 may be
704
brought to compel compliance with this section, and the
705
prevailing party is entitled to recover reasonable attorney's
706
fees.
707
(3) The authority to charge a fee for a certificate
708
required by this section shall be established by written
709
resolution adopted by the board or provided by written
710
management, bookkeeping, or maintenance contract. The fee is
711
payable upon the preparation of the certificate, and, if the
712
certificate is requested in conjunction with the sale or mortgage
713
of a unit and the closing does not occur, the fee shall be
714
refunded promptly upon written notice from the person requesting
715
the certificate stating that the sale or mortgage did not occur.
716
Any such refund is the obligation of the unit owner and is
717
collectible in the same manner as an assessment as provided in
718
this section.
719
Section 6. Paragraphs (d) and (j) of subsection (2) of
720
section 20.165, Florida Statutes, are amended to read:
721
20.165 Department of Business and Professional
722
Regulation.--There is created a Department of Business and
723
Professional Regulation.
724
(2) The following divisions of the Department of Business
725
and Professional Regulation are established:
726
(d) Division of Florida Land Sales, Condominiums,
727
Timeshares, and Mobile Homes.
728
(j) Division of Technology, Licensure, and Testing.
729
Section 7. Subsection (2) of section 73.073, Florida
730
Statutes, is amended to read:
731
73.073 Eminent domain procedure with respect to condominium
732
common elements.--
733
(2) With respect to the exercise of eminent domain or a
734
negotiated sale for the purchase or taking of a portion of the
735
common elements of a condominium, the condemning authority shall
736
have the responsibility of contacting the condominium association
737
and acquiring the most recent rolls indicating the names of the
738
unit owners or contacting the appropriate taxing authority to
739
obtain the names of the owners of record on the tax rolls.
740
Notification shall thereupon be sent by certified mail, return
741
receipt requested, to the unit owners of record of the
742
condominium units by the condemning authority indicating the
743
intent to purchase or take the required property and requesting a
744
response from the unit owner. The condemning authority shall be
745
responsible for the expense of sending notification pursuant to
746
this section. Such notice shall, at a minimum, include:
747
(a) The name and address of the condemning authority.
748
(b) A written or visual description of the property.
749
(c) The public purpose for which the property is needed.
750
(d) The appraisal value of the property.
751
(e) A clear, concise statement relating to the unit owner's
752
right to object to the taking or appraisal value and the
753
procedures and effects of exercising that right.
754
(f) A clear, concise statement relating to the power of the
755
association to convey the property on behalf of the unit owners
756
if no objection to the taking or appraisal value is raised, and
757
the effects of this alternative on the unit owner.
758
759
The Division of Florida Land Sales, Condominiums, Timeshares, and
760
Mobile Homes of the Department of Business and Professional
761
Regulation may adopt, by rule, a standard form for such notice
762
and may require the notice to include any additional relevant
763
information.
764
Section 8. Subsections (2) and (3) of section 190.009,
765
Florida Statutes, are amended to read:
766
190.009 Disclosure of public financing.--
767
(2) The Division of Florida Land Sales, Condominiums, and
768
Mobile Homes of the Department of Business and Professional
769
Regulation shall ensure that disclosures made by developers
770
pursuant to chapter 498 meet the requirements of subsection (1).
771
(2)(3) The Department of Community Affairs shall keep a
772
current list of districts and their disclosures pursuant to this
773
act and shall make such studies and reports and take such actions
774
as it deems necessary.
775
Section 9. Paragraph (e) of subsection (6) of section
776
192.037, Florida Statutes, is amended to read:
777
192.037 Fee timeshare real property; taxes and assessments;
778
escrow.--
779
(6)
780
(e) On or before May 1 of each year, a statement of
781
receipts and disbursements of the escrow account must be filed
782
with the Division of Florida Land Sales, Condominiums,
783
Timeshares, and Mobile Homes of the Department of Business and
784
Professional Regulation, which may enforce this paragraph
785
pursuant to s. 721.26. This statement must appropriately show the
786
amount of principal and interest in such account.
787
Section 10. Paragraph (i) of subsection (8) of section
788
213.053, Florida Statutes, is amended to read:
789
213.053 Confidentiality and information sharing.--
790
(8) Notwithstanding any other provision of this section,
791
the department may provide:
792
(i) Information relative to chapters 212 and 326 to the
793
Division of Florida Land Sales, Condominiums, Timeshares, and
794
Mobile Homes of the Department of Business and Professional
795
Regulation in the conduct of its official duties.
796
797
Disclosure of information under this subsection shall be pursuant
798
to a written agreement between the executive director and the
799
agency. Such agencies, governmental or nongovernmental, shall be
800
bound by the same requirements of confidentiality as the
801
Department of Revenue. Breach of confidentiality is a misdemeanor
802
of the first degree, punishable as provided by s. 775.082 or s.
803
804
Section 11. Paragraph (d) of subsection (4) of section
805
215.20, Florida Statutes, is amended to read:
806
215.20 Certain income and certain trust funds to contribute
807
to the General Revenue Fund.--
808
(4) The income of a revenue nature deposited in the
809
following described trust funds, by whatever name designated, is
810
that from which the appropriations authorized by subsection (3)
811
shall be made:
812
(d) Within the Department of Business and Professional
813
Regulation:
814
1. The Administrative Trust Fund.
815
2. The Alcoholic Beverage and Tobacco Trust Fund.
816
3. The Cigarette Tax Collection Trust Fund.
817
4. The Division of Florida Land Sales, Condominiums,
818
Timeshares, and Mobile Homes Trust Fund.
819
5. The Hotel and Restaurant Trust Fund, with the exception
820
of those fees collected for the purpose of funding of the
821
hospitality education program as stated in s. 509.302.
822
6. The Professional Regulation Trust Fund.
823
7. The trust funds administered by the Division of Pari-
824
mutuel Wagering.
825
826
The enumeration of the foregoing moneys or trust funds shall not
827
prohibit the applicability thereto of s. 215.24 should the
828
Governor determine that for the reasons mentioned in s. 215.24
829
the money or trust funds should be exempt herefrom, as it is the
830
purpose of this law to exempt income from its force and effect
831
when, by the operation of this law, federal matching funds or
832
contributions or private grants to any trust fund would be lost
833
to the state.
834
Section 12. Subsection (2) of section 326.002, Florida
835
Statutes, is amended to read:
837
term:
838
(2) "Division" means the Division of Florida Land Sales,
839
Condominiums, Timeshares, and Mobile Homes of the Department of
840
Business and Professional Regulation.
841
Section 13. Paragraph (d) of subsection (2) and subsection
842
(3) of section 326.006, Florida Statutes, are amended to read:
843
326.006 Powers and duties of division.--
844
(2) The division has the power to enforce and ensure
845
compliance with the provisions of this chapter and rules adopted
846
under this chapter relating to the sale and ownership of yachts
847
and ships. In performing its duties, the division has the
848
following powers and duties:
849
(d) Notwithstanding any remedies available to a yacht or
850
ship purchaser, if the division has reasonable cause to believe
851
that a violation of any provision of this chapter or rule adopted
852
under this chapter has occurred, the division may institute
853
enforcement proceedings in its own name against any broker or
854
salesperson or any of his or her assignees or agents, or against
855
any unlicensed person or any of his or her assignees or agents,
856
as follows:
857
1. The division may permit a person whose conduct or
858
actions are under investigation to waive formal proceedings and
859
enter into a consent proceeding whereby orders, rules, or letters
860
of censure or warning, whether formal or informal, may be entered
861
against the person.
862
2. The division may issue an order requiring the broker or
863
salesperson or any of his or her assignees or agents, or
864
requiring any unlicensed person or any of his or her assignees or
865
agents, to cease and desist from the unlawful practice and take
866
such affirmative action as in the judgment of the division will
867
carry out the purposes of this chapter.
868
3. The division may bring an action in circuit court on
869
behalf of a class of yacht or ship purchasers for declaratory
870
relief, injunctive relief, or restitution.
871
4. The division may impose a civil penalty against a broker
872
or salesperson or any of his or her assignees or agents, or
873
against an unlicensed person or any of his or her assignees or
874
agents, for any violation of this chapter or a rule adopted under
875
this chapter. A penalty may be imposed for each day of continuing
876
violation, but in no event may the penalty for any offense exceed
877
$10,000. All amounts collected must be deposited with the Chief
878
Financial Officer to the credit of the Division of Florida Land
879
Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
880
a broker, salesperson, or unlicensed person working for a broker,
881
fails to pay the civil penalty, the division shall thereupon
882
issue an order suspending the broker's license until such time as
883
the civil penalty is paid or may pursue enforcement of the
884
penalty in a court of competent jurisdiction. The order imposing
885
the civil penalty or the order of suspension may not become
886
effective until 20 days after the date of such order. Any action
887
commenced by the division must be brought in the county in which
888
the division has its executive offices or in the county where the
889
violation occurred.
890
(3) All fees must be deposited in the Division of Florida
891
Land Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund
892
as provided by law.
893
Section 14. Subsection (18) of section 380.05, Florida
894
Statutes, is amended to read:
895
380.05 Areas of critical state concern.--
896
(18) Neither the designation of an area of critical state
897
concern nor the adoption of any regulations for such an area
898
shall in any way limit or modify the rights of any person to
899
complete any development that was has been authorized by
900
registration of a subdivision pursuant to former chapter 498 or
901
former chapter 478, by recordation pursuant to local subdivision
902
plat law, or by a building permit or other authorization to
903
commence development on which there has been reliance and a
904
change of position, and which registration or recordation was
905
accomplished, or which permit or authorization was issued, prior
906
to the approval under subsection (6), or the adoption under
907
subsection (8), of land development regulations for the area of
908
critical state concern. If a developer has by his or her actions
909
in reliance on prior regulations obtained vested or other legal
910
rights that in law would have prevented a local government from
911
changing those regulations in a way adverse to the developer's
912
interests, nothing in this chapter authorizes any governmental
913
agency to abridge those rights.
914
Section 15. Subsection (20) of section 380.06, Florida
915
Statutes, is amended to read:
916
380.06 Developments of regional impact.--
917
(20) VESTED RIGHTS.--Nothing in this section shall limit or
918
modify the rights of any person to complete any development that
919
was has been authorized by registration of a subdivision pursuant
920
to former chapter 498, by recordation pursuant to local
921
subdivision plat law, or by a building permit or other
922
authorization to commence development on which there has been
923
reliance and a change of position and which registration or
924
recordation was accomplished, or which permit or authorization
925
was issued, prior to July 1, 1973. If a developer has, by his or
926
her actions in reliance on prior regulations, obtained vested or
927
other legal rights that in law would have prevented a local
928
government from changing those regulations in a way adverse to
929
the developer's interests, nothing in this chapter authorizes any
930
governmental agency to abridge those rights.
931
(a) For the purpose of determining the vesting of rights
932
under this subsection, approval pursuant to local subdivision
933
plat law, ordinances, or regulations of a subdivision plat by
934
formal vote of a county or municipal governmental body having
935
jurisdiction after August 1, 1967, and prior to July 1, 1973, is
936
sufficient to vest all property rights for the purposes of this
937
subsection; and no action in reliance on, or change of position
938
concerning, such local governmental approval is required for
939
vesting to take place. Anyone claiming vested rights under this
940
paragraph must so notify the department in writing by January 1,
941
1986. Such notification shall include information adequate to
942
document the rights established by this subsection. When such
943
notification requirements are met, in order for the vested rights
944
authorized pursuant to this paragraph to remain valid after June
945
30, 1990, development of the vested plan must be commenced prior
946
to that date upon the property that the state land planning
947
agency has determined to have acquired vested rights following
948
the notification or in a binding letter of interpretation. When
949
the notification requirements have not been met, the vested
950
rights authorized by this paragraph shall expire June 30, 1986,
951
unless development commenced prior to that date.
952
(b) For the purpose of this act, the conveyance of, or the
953
agreement to convey, property to the county, state, or local
954
government as a prerequisite to zoning change approval shall be
955
construed as an act of reliance to vest rights as determined
956
under this subsection, provided such zoning change is actually
957
granted by such government.
958
Section 16. Paragraph (a) of subsection (4) of section
959
380.0651, Florida Statutes, is amended to read:
960
380.0651 Statewide guidelines and standards.--
961
(4) Two or more developments, represented by their owners
962
or developers to be separate developments, shall be aggregated
963
and treated as a single development under this chapter when they
964
are determined to be part of a unified plan of development and
965
are physically proximate to one other.
966
(a) The criteria of two of the following subparagraphs must
967
be met in order for the state land planning agency to determine
968
that there is a unified plan of development:
969
1.a. The same person has retained or shared control of the
970
developments;
971
b. The same person has ownership or a significant legal or
972
equitable interest in the developments; or
973
c. There is common management of the developments
974
controlling the form of physical development or disposition of
975
parcels of the development.
976
2. There is a reasonable closeness in time between the
977
completion of 80 percent or less of one development and the
978
submission to a governmental agency of a master plan or series of
979
plans or drawings for the other development which is indicative
980
of a common development effort.
981
3. A master plan or series of plans or drawings exists
982
covering the developments sought to be aggregated which have been
983
submitted to a local general-purpose government, water management
984
district, the Florida Department of Environmental Protection, or
985
the Division of Florida Land Sales, Condominiums, Timeshares, and
986
Mobile Homes for authorization to commence development. The
987
existence or implementation of a utility's master utility plan
988
required by the Public Service Commission or general-purpose
989
local government or a master drainage plan shall not be the sole
990
determinant of the existence of a master plan.
991
4. The voluntary sharing of infrastructure that is
992
indicative of a common development effort or is designated
993
specifically to accommodate the developments sought to be
994
aggregated, except that which was implemented because it was
995
required by a local general-purpose government; water management
996
district; the Department of Environmental Protection; the
997
Division of Florida Land Sales, Condominiums, Timeshares, and
998
Mobile Homes; or the Public Service Commission.
999
5. There is a common advertising scheme or promotional plan
1000
in effect for the developments sought to be aggregated.
1001
Section 17. Paragraph (c) of subsection (4) of section
1002
381.0065, Florida Statutes, is amended to read:
1003
381.0065 Onsite sewage treatment and disposal systems;
1004
regulation.--
1005
(4) PERMITS; INSTALLATION; AND CONDITIONS.--A person may
1006
not construct, repair, modify, abandon, or operate an onsite
1007
sewage treatment and disposal system without first obtaining a
1008
permit approved by the department. The department may issue
1009
permits to carry out this section, but shall not make the
1010
issuance of such permits contingent upon prior approval by the
1011
Department of Environmental Protection, except that the issuance
1012
of a permit for work seaward of the coastal construction control
1013
line established under s. 161.053 shall be contingent upon
1014
receipt of any required coastal construction control line permit
1015
from the Department of Environmental Protection. A construction
1016
permit is valid for 18 months from the issuance date and may be
1017
extended by the department for one 90-day period under rules
1018
adopted by the department. A repair permit is valid for 90 days
1019
from the date of issuance. An operating permit must be obtained
1020
prior to the use of any aerobic treatment unit or if the
1021
establishment generates commercial waste. Buildings or
1022
establishments that use an aerobic treatment unit or generate
1023
commercial waste shall be inspected by the department at least
1024
annually to assure compliance with the terms of the operating
1025
permit. The operating permit for a commercial wastewater system
1026
is valid for 1 year from the date of issuance and must be renewed
1027
annually. The operating permit for an aerobic treatment unit is
1028
valid for 2 years from the date of issuance and must be renewed
1029
every 2 years. If all information pertaining to the siting,
1030
location, and installation conditions or repair of an onsite
1031
sewage treatment and disposal system remains the same, a
1032
construction or repair permit for the onsite sewage treatment and
1033
disposal system may be transferred to another person, if the
1034
transferee files, within 60 days after the transfer of ownership,
1035
an amended application providing all corrected information and
1036
proof of ownership of the property. There is no fee associated
1037
with the processing of this supplemental information. A person
1038
may not contract to construct, modify, alter, repair, service,
1039
abandon, or maintain any portion of an onsite sewage treatment
1040
and disposal system without being registered under part III of
1041
chapter 489. A property owner who personally performs
1042
construction, maintenance, or repairs to a system serving his or
1043
her own owner-occupied single-family residence is exempt from
1044
registration requirements for performing such construction,
1045
maintenance, or repairs on that residence, but is subject to all
1046
permitting requirements. A municipality or political subdivision
1047
of the state may not issue a building or plumbing permit for any
1048
building that requires the use of an onsite sewage treatment and
1049
disposal system unless the owner or builder has received a
1050
construction permit for such system from the department. A
1051
building or structure may not be occupied and a municipality,
1052
political subdivision, or any state or federal agency may not
1053
authorize occupancy until the department approves the final
1054
installation of the onsite sewage treatment and disposal system.
1055
A municipality or political subdivision of the state may not
1056
approve any change in occupancy or tenancy of a building that
1057
uses an onsite sewage treatment and disposal system until the
1058
department has reviewed the use of the system with the proposed
1059
change, approved the change, and amended the operating permit.
1060
(c) Notwithstanding the provisions of paragraphs (a) and
1061
(b), for subdivisions platted of record on or before October 1,
1062
1991, when a developer or other appropriate entity has previously
1063
made or makes provisions, including financial assurances or other
1064
commitments, acceptable to the Department of Health, that a
1065
central water system will be installed by a regulated public
1066
utility based on a density formula, private potable wells may be
1067
used with onsite sewage treatment and disposal systems until the
1068
agreed-upon densities are reached. The department may consider
1069
assurances filed with the Department of Business and Professional
1070
Regulation under chapter 498 in determining the adequacy of the
1071
financial assurance required by this paragraph. In a subdivision
1072
regulated by this paragraph, the average daily sewage flow may
1073
not exceed 2,500 gallons per acre per day. This section does not
1074
affect the validity of existing prior agreements. After October
1075
1, 1991, the exception provided under this paragraph is not
1076
available to a developer or other appropriate entity.
1077
Section 18. Subsections (8) through (12) of section 450.33,
1078
Florida Statutes, are amended to read:
1079
450.33 Duties of farm labor contractor.--Every farm labor
1080
contractor must:
1081
(8) File, within such time as the department may prescribe,
1082
a set of his or her fingerprints.
1083
(8)(9) Produce evidence to the department that each vehicle
1084
he or she uses for the transportation of employees complies with
1085
the requirements and specifications established in chapter 316,
1086
s. 316.622, or Pub. L. No. 93-518 as amended by Pub. L. No. 97-
1087
470 meeting Department of Transportation requirements or, in lieu
1088
thereof, bears a valid inspection sticker showing that the
1089
vehicle has passed the inspection in the state in which the
1090
vehicle is registered.
1091
(9)(10) Comply with all applicable statutes, rules, and
1092
regulations of the United States and of the State of Florida for
1093
the protection or benefit of labor, including, but not limited
1094
to, those providing for wages, hours, fair labor standards,
1095
social security, workers' compensation, unemployment
1096
compensation, child labor, and transportation.
1097
(10)(11) Maintain accurate daily field records for each
1098
employee actually paid by the farm labor contractor reflecting
1099
the hours worked for the farm labor contractor and, if paid by
1100
unit, the number of units harvested and the amount paid per unit.
1101
(11)(12) Clearly display on each vehicle used to transport
1102
migrant or seasonal farm workers a display sticker issued by the
1103
department, which states that the vehicle is authorized by the
1104
department to transport farm workers and the expiration date of
1105
the authorization.
1106
Section 19. Subsection (10) is added to section 455.203,
1107
Florida Statutes, to read:
1108
455.203 Department; powers and duties.--The department, for
1109
the boards under its jurisdiction, shall:
1110
(10) Have authority to:
1111
(a) Close and terminate deficient license application files
1112
2 years after the board or the department notifies the applicant
1113
of the deficiency; and
1114
(b) Approve applications for professional licenses that
1115
meet all statutory and rule requirements for licensure.
1116
Section 20. Subsection (5) of section 455.116, Florida
1117
Statutes, is amended to read:
1118
455.116 Regulation trust funds.--The following trust funds
1119
shall be placed in the department:
1120
(5) Division of Florida Land Sales, Condominiums,
1121
Timeshares, and Mobile Homes Trust Fund.
1122
Section 21. Subsection (1) of section 455.217, Florida
1123
Statutes, is amended to read:
1124
455.217 Examinations.--This section shall be read in
1125
conjunction with the appropriate practice act associated with
1126
each regulated profession under this chapter.
1127
(1) The Division of Technology, Licensure, and Testing of
1128
the Department of Business and Professional Regulation shall
1129
provide, contract, or approve services for the development,
1130
preparation, administration, scoring, score reporting, and
1131
evaluation of all examinations. The division shall seek the
1132
advice of the appropriate board in providing such services.
1133
(a) The department, acting in conjunction with the Division
1134
of Technology, Licensure, and Testing and the Division of Real
1135
Estate, as appropriate, shall ensure that examinations adequately
1136
and reliably measure an applicant's ability to practice the
1137
profession regulated by the department. After an examination
1138
developed or approved by the department has been administered,
1139
the board or department may reject any question which does not
1140
reliably measure the general areas of competency specified in the
1141
rules of the board or department, when there is no board. The
1142
department shall use professional testing services for the
1143
development, preparation, and evaluation of examinations, when
1144
such services are available and approved by the board.
1145
(b) For each examination developed by the department or
1146
contracted vendor, to the extent not otherwise specified by
1147
statute, the board or the department when there is no board,
1148
shall by rule specify the general areas of competency to be
1149
covered by the examination, the relative weight to be assigned in
1150
grading each area tested, the score necessary to achieve a
1151
passing grade, and the fees, where applicable, to cover the
1152
actual cost for any purchase, development, and administration of
1153
the required examination. However, statutory fee caps in each
1154
practice act shall apply. This subsection does not apply to
1155
national examinations approved and administered pursuant to
1156
paragraph (d).
1157
(c) If a practical examination is deemed to be necessary,
1158
rules shall specify the criteria by which examiners are to be
1159
selected, the grading criteria to be used by the examiner, the
1160
relative weight to be assigned in grading each criterion, and the
1161
score necessary to achieve a passing grade. When a mandatory
1162
standardization exercise for a practical examination is required
1163
by law, the board may conduct such exercise. Therefore, board
1164
members may serve as examiners at a practical examination with
1165
the consent of the board.
1166
(d) A board, or the department when there is no board, may
1167
approve by rule the use of any national examination which the
1168
department has certified as meeting requirements of national
1169
examinations and generally accepted testing standards pursuant to
1170
department rules. Providers of examinations, which may be either
1171
profit or nonprofit entities, seeking certification by the
1172
department shall pay the actual costs incurred by the department
1173
in making a determination regarding the certification. The
1174
department shall use any national examination which is available,
1175
certified by the department, and approved by the board. The name
1176
and number of a candidate may be provided to a national
1177
contractor for the limited purpose of preparing the grade tape
1178
and information to be returned to the board or department or, to
1179
the extent otherwise specified by rule, the candidate may apply
1180
directly to the vendor of the national examination. The
1181
department may delegate to the board the duty to provide and
1182
administer the examination. Any national examination approved by
1183
a board, or the department when there is no board, prior to
1184
October 1, 1997, is deemed certified under this paragraph. Any
1185
licensing or certification examination that is not developed or
1186
administered by the department in-house or provided as a national
1187
examination shall be competitively bid.
1188
(e) The department shall adopt rules regarding the security
1189
and monitoring of examinations. In order to maintain the security
1190
of examinations, the department may employ the procedures set
1191
forth in s. 455.228 to seek fines and injunctive relief against
1192
an examinee who violates the provisions of s. 455.2175 or the
1193
rules adopted pursuant to this paragraph. The department, or any
1194
agent thereof, may, for the purposes of investigation, confiscate
1195
any written, photographic, or recording material or device in the
1196
possession of the examinee at the examination site which the
1197
department deems necessary to enforce such provisions or rules.
1198
(f) If the professional board with jurisdiction over an
1199
examination concurs, the department may, for a fee, share with
1200
any other state's licensing authority an examination developed by
1201
or for the department unless prohibited by a contract entered
1202
into by the department for development or purchase of the
1203
examination. The department, with the concurrence of the
1204
appropriate board, shall establish guidelines that ensure
1205
security of a shared exam and shall require that any other
1206
state's licensing authority comply with those guidelines. Those
1207
guidelines shall be approved by the appropriate professional
1208
board. All fees paid by the user shall be applied to the
1209
department's examination and development program for professions
1210
regulated by this chapter. All fees paid by the user for
1211
professions not regulated by this chapter shall be applied to
1212
offset the fees for the development and administration of that
1213
profession's examination. If both a written and a practical
1214
examination are given, an applicant shall be required to retake
1215
only the portion of the examination for which he or she failed to
1216
achieve a passing grade, if he or she successfully passes that
1217
portion within a reasonable time of his or her passing the other
1218
portion.
1219
Section 22. Subsection (6) is added to section 455.2273,
1220
Florida Statutes, to read:
1221
455.2273 Disciplinary guidelines.--
1222
(6) Notwithstanding s. 455.017, this section applies to
1223
disciplinary guidelines adopted by all boards or divisions within
1224
the department.
1225
Section 23. Effective July 1, 2010, paragraph (d) of
1226
subsection (1) and paragraph (d) of subsection (2) of section
1227
468.841, Florida Statutes, are amended to read:
1228
468.841 Exemptions.--
1229
(1) The following persons are not required to comply with
1230
any provisions of this part relating to mold assessment:
1231
(d) Persons or business organizations acting within the
1232
scope of the respective licenses required under chapter 471, part
1233
I of chapter 481, chapter 482, or chapter 489, or part XV of this
1234
chapter, are acting on behalf of an insurer under part VI of
1235
chapter 626, or are persons in the manufactured housing industry
1236
who are licensed under chapter 320, except when any such persons
1237
or business organizations hold themselves out for hire to the
1238
public as a "certified mold assessor remediator," "registered
1239
mold assessor remediator," "licensed mold assessor remediator,"
1240
"mold assessor remediator," "professional mold assessor
1241
remediator," or any combination thereof stating or implying
1242
licensure under this part.
1243
(2) The following persons are not required to comply with
1244
any provisions of this part relating to mold remediation:
1245
(d) Persons or business organizations that are acting
1246
within the scope of the respective licenses required under
1247
chapter 471, part I of chapter 481, chapter 482, or chapter 489,
1248
or part XV of this chapter, are acting on behalf of an insurer
1249
under part VI of chapter 626, or are persons in the manufactured
1250
housing industry who are licensed under chapter 320, except when
1251
any such persons or business organizations hold themselves out
1252
for hire to the public as a "certified mold remediator assessor,"
1253
"registered mold remediator assessor," "licensed mold remediator
1254
assessor," "mold remediator assessor," "professional mold
1255
remediator assessor," or any combination thereof stating or
1256
implying licensure under this part.
1257
Section 24. Paragraph (b) of subsection (2) of section
1258
475.17, Florida Statutes, is amended to read:
1259
475.17 Qualifications for practice.--
1260
(2)
1261
(b) A person may not be licensed as a real estate broker
1262
unless, in addition to the other requirements of law, the person
1263
has held:
1264
1. An active real estate sales associate's license for at
1265
least 24 12 months during the preceding 5 years in the office of
1266
one or more real estate brokers licensed in this state or any
1267
other state, territory, or jurisdiction of the United States or
1268
in any foreign national jurisdiction;
1269
2. A current and valid real estate sales associate's
1270
license for at least 24 12 months during the preceding 5 years in
1271
the employ of a governmental agency for a salary and performing
1272
the duties authorized in this part for real estate licensees; or
1273
3. A current and valid real estate broker's license for at
1274
least 24 12 months during the preceding 5 years in any other
1275
state, territory, or jurisdiction of the United States or in any
1276
foreign national jurisdiction.
1277
1278
This paragraph does not apply to a person employed as a real
1279
estate investigator by the Division of Real Estate, provided the
1280
person has been employed as a real estate investigator for at
1281
least 24 months. The person must be currently employed as a real
1282
estate investigator to sit for the real estate broker's
1283
examination and have held a valid and current sales associate's
1284
license for at least 12 months.
1285
Section 25. Subsection (9) of section 475.451, Florida
1286
Statutes, is amended to read:
1287
475.451 Schools teaching real estate practice.--
1288
(9)(a) Each school permitholder of a proprietary real
1289
estate school, each chief administrative person of such an
1290
institution, or each course sponsor shall deliver to the
1291
department, in a format acceptable to the department, a copy of
1292
the classroom course roster of courses that require satisfactory
1293
completion of an examination no later than 30 days beyond the end
1294
of the calendar month in which the course was completed.
1295
(b) The course roster shall consist of the institution or
1296
school name and permit number, if applicable, the instructor's
1297
name and permit number, if applicable, course title, beginning
1298
and ending dates of the course, number of course hours, course
1299
location, if applicable, each student's full name and license
1300
number, if applicable, each student's mailing address, and the
1301
numerical grade each student achieved. The course roster shall
1302
also include the signature of the school permitholder, the chief
1303
administrative person, or the course sponsor.
1304
Section 26. Section 475.455, Florida Statutes, is amended
1305
to read:
1306
475.455 Exchange of disciplinary information.--The
1307
commission shall inform the Division of Florida Land Sales,
1308
Condominiums, Timeshares, and Mobile Homes of the Department of
1309
Business and Professional Regulation of any disciplinary action
1310
the commission has taken against any of its licensees. The
1311
division shall inform the commission of any disciplinary action
1312
the division has taken against any broker or sales associate
1313
registered with the division.
1314
Section 27. Subsection (6) of section 489.105, Florida
1315
Statutes, is amended to read:
1316
489.105 Definitions.--As used in this part:
1317
(6) "Contracting" means, except as exempted in this part,
1318
engaging in business as a contractor and includes, but is not
1319
limited to, performance of any of the acts as set forth in
1320
subsection (3) which define types of contractors. The attempted
1321
sale of contracting services and the negotiation or bid for a
1322
contract on these services also constitutes contracting. If the
1323
services offered require licensure or agent qualification, the
1324
offering, negotiation for a bid, or attempted sale of these
1325
services requires the corresponding licensure. However, the term
1326
"contracting" shall not extend to an individual, partnership,
1327
corporation, trust, or other legal entity that offers to sell or
1328
sells completed residences on property on which the individual or
1329
business entity has any legal or equitable interest, or to the
1330
individual or business entity that offers to sell or sells
1331
manufactured or factory-built buildings that will be completed on
1332
site on property on which either party to a contract has any
1333
legal or equitable interest, if the services of a qualified
1334
contractor certified or registered pursuant to the requirements
1335
of this chapter have been or will be retained for the purpose of
1336
constructing or completing such residences.
1337
Section 28. Section 489.511, Florida Statutes, is amended
1338
to read:
1339
489.511 Certification; application; examinations;
1340
endorsement.--
1341
(1)(a) Any person who is at least 18 years of age may take
1342
the certification examination.
1343
(b) Any person desiring to be certified as a contractor
1344
shall apply to the department in writing and must meet the
1345
following criteria: to take the certification examination.
1346
(2)(a) A person shall be entitled to take the certification
1347
examination for the purpose of determining whether he or she is
1348
qualified to engage in contracting throughout the state as a
1349
contractor if the person:
1350
1. Is at least 18 years of age;
1351
1.2. Be Is of good moral character;
1352
2. Pass the certification examination, achieving a passing
1353
grade as established by board rule; and
1354
3. Meet Meets eligibility requirements according to one of
1355
the following criteria:
1356
a. Has, within the 6 years immediately preceding the filing
1357
of the application, at least 3 years' proven management
1358
experience in the trade or education equivalent thereto, or a
1359
combination thereof, but not more than one-half of such
1360
experience may be educational equivalent;
1361
b. Has, within the 8 years immediately preceding the filing
1362
of the application, at least 4 years' experience as a supervisor
1363
or contractor in the trade for which he or she is making
1364
application;
1365
c. Has, within the 12 years immediately preceding the
1366
filing of the application, at least 6 years of comprehensive
1367
training, technical education, or supervisory experience
1368
associated with an electrical or alarm system contracting
1369
business, or at least 6 years of technical experience in
1370
electrical or alarm system work with the Armed Forces or a
1371
governmental entity;
1372
d. Has, within the 12 years immediately preceding the
1373
filing of the application, been licensed for 3 years as a
1374
professional engineer who is qualified by education, training, or
1375
experience to practice electrical engineering; or
1376
e. Has any combination of qualifications under sub-
1377
subparagraphs a.-c. totaling 6 years of experience.
1378
(c)(b) For purposes of this subsection, "supervisor" means
1379
a person having the experience gained while having the general
1380
duty of overseeing the technical duties of the trade, provided
1381
that such experience is gained by a person who is able to perform
1382
the technical duties of the trade without supervision.
1383
(d)(c) For purposes of this subsection, at least 40 percent
1384
of the work experience for an alarm system contractor I must be
1385
in the types of fire alarm systems typically used in a commercial
1386
setting.
1387
(2)(3) The board may determine by rule the number of times
1388
per year the applicant may take the examination and after three
1389
unsuccessful attempts may On or after October 1, 1998, every
1390
applicant who is qualified shall be allowed to take the
1391
examination three times, notwithstanding the number of times the
1392
applicant has previously failed the examination. If an applicant
1393
fails the examination three times after October 1, 1998, the
1394
board shall require the applicant to complete additional college-
1395
level or technical education courses in the areas of deficiency,
1396
as determined by the board, as a condition of future eligibility
1397
to take the examination. The applicant must also submit a new
1398
application that meets all certification requirements at the time
1399
of its submission and must pay all appropriate fees.
1400
(3)(4)(a) "Good moral character" means a personal history
1401
of honesty, fairness, and respect for the rights of others and
1402
for laws of this state and nation.
1403
(b) The board may determine that an individual applying for
1404
certification is ineligible to take the examination for failure
1405
to satisfy the requirement of good moral character only if:
1406
1. There is a substantial connection between the lack of
1407
good moral character of the individual and the professional
1408
responsibilities of a certified contractor; and
1409
2. The finding by the board of lack of good moral character
1410
is supported by clear and convincing evidence.
1411
(c) When an individual is found to be unqualified for
1412
certification examination because of a lack of good moral
1413
character, the board shall furnish such individual a statement
1414
containing the findings of the board, a complete record of the
1415
evidence upon which the determination was based, and a notice of
1416
the rights of the individual to a rehearing and appeal.
1417
(4)(5) The board shall, by rule, designate those types of
1418
specialty electrical or alarm system contractors who may be
1419
certified under this part. The limit of the scope of work and
1420
responsibility of a certified specialty contractor shall be
1421
established by board rule. A certified specialty contractor
1422
category exists as an optional statewide licensing category.
1423
Qualification for certification in a specialty category created
1424
by rule shall be the same as set forth in paragraph (1)(b)
1425
(2)(a). The existence of a specialty category created by rule
1426
does not itself create any licensing requirement; however,
1427
neither does its optional nature remove any licensure requirement
1428
established elsewhere in this part.
1429
(5)(6) The board shall certify as qualified for
1430
certification by endorsement any individual applying for
1431
certification who:
1432
(a) Meets the requirements for certification as set forth
1433
in this section; has passed a national, regional, state, or
1434
United States territorial licensing examination that is
1435
substantially equivalent to the examination required by this
1436
part; and has satisfied the requirements set forth in s. 489.521;
1437
or
1438
(b) Holds a valid license to practice electrical or alarm
1439
system contracting issued by another state or territory of the
1440
United States, if the criteria for issuance of such license was
1441
substantially equivalent to the certification criteria that
1442
existed in this state at the time the certificate was issued.
1443
(6)(7) Upon the issuance of a certificate, any previously
1444
issued registered licenses for the classification in which the
1445
certification is issued are rendered void.
1446
Section 29. Paragraph (b) of subsection (1) of section
1447
489.515, Florida Statutes, is amended to read:
1448
489.515 Issuance of certificates; registrations.--
1449
(1)
1450
(b) The board shall certify as qualified for certification
1451
any person who satisfies the requirements of s. 489.511, who
1452
successfully passes the certification examination administered by
1453
the department, achieving a passing grade as established by board
1454
rule, and who submits satisfactory evidence that he or she has
1455
obtained both workers' compensation insurance or an acceptable
1456
exemption certificate issued by the department and public
1457
liability and property damage insurance for the health, safety,
1458
and welfare of the public in amounts determined by rule of the
1459
board, and furnishes evidence of financial responsibility,
1460
credit, and business reputation of either himself or herself or
1461
the business organization he or she desires to qualify.
1462
Section 30. Section 494.008, Florida Statutes, is amended
1463
to read:
1464
494.008 Mortgages offered by land developers licensed
1465
pursuant to the Florida Uniform Land Sales Practices Law;
1466
requirements; prohibitions.--No mortgage loan which has a face
1467
amount of $35,000 or less and is secured by vacant land
1468
registered under the Florida Uniform Land Sales Practices Law,
1469
chapter 498, shall be sold to a mortgagee, except a financial
1470
institution, by any person unless all of the following
1471
requirements are met:
1472
(1) Each mortgage securing a note or other obligation sold
1473
or offered for sale shall be eligible for a recordation as a
1474
first mortgage.
1475
(2) Each mortgage negotiated pursuant to this section must
1476
include a mortgagee's title insurance policy or an opinion of
1477
title, from an attorney who is licensed to practice law in this
1478
state, on each parcel of land which is described in the mortgage.
1479
The policy or opinion shall reflect that there are no other
1480
mortgages on the property. A notice stating the priority of the
1481
mortgage shall be placed on the face of each mortgage in an
1482
amount over $35,000 issued pursuant to this section.
1483
(3) Contracts to purchase a mortgage loan shall contain,
1484
immediately above the purchaser's signature line, the statement
1485
in 10-point boldfaced type: "This mortgage is secured by vacant
1486
land subject to development at a future time." This statement
1487
shall also be typed or printed in 10-point type on the face of
1488
the note and mortgage sold.
1489
(4) The most recent assessment for tax purposes made by the
1490
county property appraiser of each parcel of land described in the
1491
mortgage shall be furnished to each mortgagee.
1492
(5) The mortgage broker shall record or cause to be
1493
recorded all mortgages or other similar documents prior to
1494
delivery of the note and mortgage to the mortgagee.
1495
(6) All funds received by the mortgage broker pursuant to
1496
this section shall promptly be deposited in the broker's trust
1497
account where they shall remain until the note and mortgage are
1498
fully executed and recorded.
1499
(7) Willful failure to comply with any of the above
1500
provisions shall subject the person to the penalties of s.
1501
494.05.
1502
Section 31. Section 498.009, Florida Statutes, is
1503
renumbered as section 718.50152, Florida Statutes.
1504
Section 32. Section 498.011, Florida Statutes, is
1505
renumbered as section 718.50153, Florida Statutes, and amended to
1506
read:
1508
expenses to division employees.--The amount of per diem and
1509
mileage and expense money paid to employees shall be as provided
1510
in s. 112.061, except that the division shall establish by rule
1511
the standards for reimbursement of actual verified expenses
1512
incurred in connection with an on-site review inspection or
1513
investigation of subdivided lands.
1514
Section 33. Section 498.013, Florida Statutes, is
1515
renumbered as section 718.50154, Florida Statutes.
1516
Section 34. Section 498.057, Florida Statutes, is
1517
renumbered as section 718.50155, Florida Statutes, and amended,
1518
to read:
1520
(1) In addition to the methods of service provided for in
1521
the Florida Rules of Civil Procedure and the Florida Statutes,
1522
service may be made and by delivering a copy of the process to
1523
the director of the division, which shall be binding upon the
1524
defendant or respondent if:
1525
(a) The division plaintiff, which is acting as the
1526
petitioner or plaintiff may be the division, immediately sends a
1527
copy of the process and of the pleading by certified mail to the
1528
defendant or respondent at his or her last known address;, and
1529
(b) The division plaintiff files an affidavit of compliance
1530
with this section on or before the return date of the process or
1531
within the time set by the court.
1532
(2) If any person, including any nonresident of this state,
1533
allegedly engages in conduct prohibited by this chapter, or any
1534
rule or order of the division, and has not filed a consent to
1535
service of process, and personal jurisdiction over him or her
1536
cannot otherwise be obtained in this state, the director shall be
1537
authorized to receive service of process in any noncriminal
1538
proceeding against that person or his or her successor which
1539
grows out of the conduct and which is brought by the division
1540
under this chapter or any rule or order of the division. The
1541
process shall have the same force and validity as if personally
1542
served. Notice shall be given as provided in subsection (1).
1547
and 498.063, Florida Statutes, are repealed.
1548
Section 36. Section 509.512, Florida Statutes, is amended
1549
to read:
1550
509.512 Timeshare plan developer and exchange company
1552
of a timeshare plan or an exchange company approved by the
1553
Division of Florida Land Sales, Condominiums, Timeshares, and
1554
Mobile Homes pursuant to chapter 721, but only to the extent that
1555
the developer or exchange company engages in conduct regulated
1556
under chapter 721.
1557
Section 37. Subsection (2) of section 517.301, Florida
1558
Statutes, is amended to read:
1559
517.301 Fraudulent transactions; falsification or
1560
concealment of facts.--
1562
section, the term "investment" means any commitment of money or
1563
property principally induced by a representation that an economic
1564
benefit may be derived from such commitment, except that the term
1565
"investment" does not include a commitment of money or property
1566
for:
1567
(a) The purchase of a business opportunity, business
1568
enterprise, or real property through a person licensed under
1569
chapter 475 or registered under former chapter 498; or
1570
(b) The purchase of tangible personal property through a
1571
person not engaged in telephone solicitation, where said property
1572
is offered and sold in accordance with the following conditions:
1573
1. There are no specific representations or guarantees made
1574
by the offeror or seller as to the economic benefit to be derived
1575
from the purchase;
1576
2. The tangible property is delivered to the purchaser
1577
within 30 days after sale, except that such 30-day period may be
1578
extended by the office if market conditions so warrant; and
1579
3. The seller has offered the purchaser a full refund
1580
policy in writing, exercisable by the purchaser within 10 days of
1581
the date of delivery of such tangible personal property, except
1582
that the amount of such refund may not in no event shall exceed
1583
the bid price in effect at the time the property is returned to
1584
the seller. If the applicable sellers' market is closed at the
1585
time the property is returned to the seller for a refund, the
1586
amount of such refund shall be based on the bid price for such
1587
property at the next opening of such market.
1588
Section 38. Subsection (4) of section 548.0065, Florida
1589
Statutes, is amended to read:
1590
548.0065 Amateur matches; sanctioning and supervision;
1591
health and safety standards; compliance checks; continuation,
1592
suspension, and revocation of sanctioning approval.--
1593
(4) Any member of the commission or the executive director
1594
of the commission may suspend the approval of an amateur
1595
sanctioning organization for failure to supervise amateur matches
1596
or to enforce the approved health and safety standards required
1597
under this chapter, provided that the suspension complies with
1598
the procedures for summary suspensions in s. 120.60(6). At any
1599
amateur boxing, or kickboxing, or mixed martial arts contest, any
1600
member of the commission or a representative of the commission
1601
may immediately suspend one or more matches in an event whenever
1602
it appears that the match or matches violate the health and
1603
safety standards established by rule as required by this chapter.
1604
A law enforcement officer may assist any member of the commission
1605
or a representative of the commission to enforce an order to stop
1606
a contest if called upon to do so by a member of the commission
1607
or a representative of the commission.
1608
Section 39. Subsections (2), (3), and (4) of section
1609
548.008, Florida Statutes, are amended to read:
1610
548.008 Prohibited competitions.--
1611
(2) No amateur mixed martial arts match may be held in this
1612
state.
1613
(2)(3) No professional match may be held in this state
1614
unless it meets the requirements for holding the match as
1615
provided in this chapter and the rules adopted by the commission.
1616
(3)(4)(a) Any person participating in a match prohibited
1617
under this section, knowing the match to be prohibited, commits a
1618
misdemeanor of the second degree, punishable as provided in s.
1620
(b) Any person holding, promoting, or sponsoring a match
1621
prohibited under this section commits a felony of the third
1623
1624
Section 40. Subsection (1) of section 548.041, Florida
1625
Statutes, is amended to read:
1626
548.041 Age, condition, and suspension of participants.--
1627
(1) A person may shall not be licensed as a participant,
1628
and the license of a any participant shall be suspended or
1629
revoked, if such person:
1630
(a) Is under the age of 18;
1631
(b) Has participated in a match in this state which was not
1632
sanctioned by the commission or by a Native American commission
1633
properly constituted under federal law; or
1634
(c) Does not meet certain health and medical examination
1635
conditions as required by rule of the commission;.
1636
(d) Has not competed in a minimum number of amateur boxing
1637
events as determined by commission rule prior to licensure; or
1638
(e) Has not participated in a minimum number of amateur
1639
mixed martial arts events as determined by commission rule prior
1640
to licensure.
1641
Section 41. Subsection (1) of section 559.935, Florida
1642
Statutes, is amended to read:
1643
559.935 Exemptions.--
1644
(1) This part does not apply to:
1645
(a) A bona fide employee of a seller of travel who is
1646
engaged solely in the business of her or his employer;
1647
(b) Any direct common carrier of passengers or property
1648
regulated by an agency of the Federal Government or employees of
1649
such carrier when engaged solely in the transportation business
1650
of the carrier as identified in the carrier's certificate;
1651
(c) An intrastate common carrier of passengers or property
1652
selling only transportation as defined in the applicable state or
1653
local registration or certification, or employees of such carrier
1654
when engaged solely in the transportation business of the
1655
carrier;
1656
(d) Hotels, motels, or other places of public accommodation
1657
selling public accommodations, or employees of such hotels,
1658
motels, or other places of public accommodation, when engaged
1659
solely in making arrangements for lodging, accommodations, or
1660
sightseeing tours within the state, or taking reservations for
1661
the traveler with times, dates, locations, and accommodations
1662
certain at the time the reservations are made, provided that
1663
hotels and motels registered with the Department of Business and
1664
Professional Regulation pursuant to chapter 509 are excluded from
1665
the provisions of this chapter;
1666
(e) Persons involved solely in the rental, leasing, or sale
1667
of residential property;
1668
(f) Persons involved solely in the rental, leasing, or sale
1669
of transportation vehicles;
1670
(g) Persons who make travel arrangements for themselves;
1671
for their employees or agents; for distributors, franchisees, or
1672
dealers of the persons' products or services; for entities which
1673
are financially related to the persons; or for the employees or
1674
agents of the distributor, franchisee, or dealer or financially
1675
related entity;
1676
(h) A developer of a timeshare plan or an exchange company
1677
approved by the Division of Florida Land Sales, Condominiums,
1678
Timeshares, and Mobile Homes pursuant to chapter 721, but only to
1679
the extent that the developer or exchange company engages in
1680
conduct regulated under chapter 721; or
1681
(i) Persons or entities engaged solely in offering diving
1682
services, including classes and sales or rentals of equipment,
1683
when engaged in making any prearranged travel-related or tourist-
1684
related services in conjunction with a primarily dive-related
1685
event.
1686
Section 42. Subsection (17) of section 718.103, Florida
1687
Statutes, is amended to read:
1688
718.103 Definitions.--As used in this chapter, the term:
1689
(17) "Division" means the Division of Florida Land Sales,
1690
Condominiums, Timeshares, and Mobile Homes of the Department of
1691
Business and Professional Regulation.
1692
Section 43. Paragraph (c) of subsection (4) of section
1693
718.105, Florida Statutes, is amended to read:
1694
718.105 Recording of declaration.--
1695
(4)
1696
(c) If the sum of money held by the clerk has not been paid
1697
to the developer or association as provided in paragraph (b)
1698
within by 3 years after the date the declaration was originally
1699
recorded, the clerk in his or her discretion may notify, in
1700
writing, the registered agent of the association that the sum is
1701
still available and the purpose for which it was deposited. If
1702
the association does not record the certificate within 90 days
1703
after the clerk has given the notice, the clerk may disburse the
1704
money to the developer. If the developer cannot be located, the
1705
clerk shall disburse the money to the Division of Florida Land
1706
Sales, Condominiums, Timeshares, and Mobile Homes for deposit in
1707
the Division of Florida Land Sales, Condominiums, Timeshares, and
1708
Mobile Homes Trust Fund.
1709
Section 44. Subsection (4) of section 718.1255, Florida
1710
Statutes, is amended to read:
1711
718.1255 Alternative dispute resolution; voluntary
1712
mediation; mandatory nonbinding arbitration; legislative
1713
findings.--
1714
(4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1715
DISPUTES.--The Division of Florida Land Sales, Condominiums,
1716
Timeshares, and Mobile Homes of the Department of Business and
1717
Professional Regulation shall employ full-time attorneys to act
1718
as arbitrators to conduct the arbitration hearings provided by
1719
this chapter. The division may also certify attorneys who are not
1720
employed by the division to act as arbitrators to conduct the
1721
arbitration hearings provided by this section. No person may be
1722
employed by the department as a full-time arbitrator unless he or
1723
she is a member in good standing of The Florida Bar. The
1724
department shall adopt promulgate rules of procedure to govern
1725
such arbitration hearings including mediation incident thereto.
1726
The decision of an arbitrator shall be final; however, such a
1727
decision shall not be deemed final agency action. Nothing in this
1728
provision shall be construed to foreclose parties from proceeding
1729
in a trial de novo unless the parties have agreed that the
1730
arbitration is binding. If such judicial proceedings are
1731
initiated, the final decision of the arbitrator shall be
1732
admissible in evidence in the trial de novo.
1733
(a) Prior to the institution of court litigation, a party
1734
to a dispute shall petition the division for nonbinding
1735
arbitration. The petition must be accompanied by a filing fee in
1736
the amount of $50. Filing fees collected under this section must
1737
be used to defray the expenses of the alternative dispute
1738
resolution program.
1739
(b) The petition must recite, and have attached thereto,
1740
supporting proof that the petitioner gave the respondents:
1741
1. Advance written notice of the specific nature of the
1742
dispute;
1743
2. A demand for relief, and a reasonable opportunity to
1744
comply or to provide the relief; and
1745
3. Notice of the intention to file an arbitration petition
1746
or other legal action in the absence of a resolution of the
1747
dispute.
1748
1749
Failure to include the allegations or proof of compliance with
1750
these prerequisites requires dismissal of the petition without
1751
prejudice.
1752
(c) Upon receipt, the petition shall be promptly reviewed
1753
by the division to determine the existence of a dispute and
1754
compliance with the requirements of paragraphs (a) and (b). If
1755
emergency relief is required and is not available through
1756
arbitration, a motion to stay the arbitration may be filed. The
1757
motion must be accompanied by a verified petition alleging facts
1758
that, if proven, would support entry of a temporary injunction,
1759
and if an appropriate motion and supporting papers are filed, the
1760
division may abate the arbitration pending a court hearing and
1761
disposition of a motion for temporary injunction.
1762
(d) Upon determination by the division that a dispute
1763
exists and that the petition substantially meets the requirements
1764
of paragraphs (a) and (b) and any other applicable rules, a copy
1765
of the petition shall forthwith be served by the division upon
1766
all respondents.
1767
(e) Either Before or after the filing of the respondents'
1768
answer to the petition, any party may request that the arbitrator
1769
refer the case to mediation under this section and any rules
1770
adopted by the division. Upon receipt of a request for mediation,
1771
the division shall promptly contact the parties to determine if
1772
there is agreement that mediation would be appropriate. If all
1773
parties agree, the dispute must be referred to mediation.
1774
Notwithstanding a lack of an agreement by all parties, the
1775
arbitrator may refer a dispute to mediation at any time.
1776
(f) Upon referral of a case to mediation, the parties must
1777
select a mutually acceptable mediator. To assist in the
1778
selection, the arbitrator shall provide the parties with a list
1779
of both volunteer and paid mediators that have been certified by
1780
the division under s. 718.501. If the parties are unable to agree
1781
on a mediator within the time allowed by the arbitrator, the
1782
arbitrator shall appoint a mediator from the list of certified
1783
mediators. If a case is referred to mediation, the parties shall
1784
attend a mediation conference, as scheduled by the parties and
1785
the mediator. If any party fails to attend a duly noticed
1786
mediation conference, without the permission or approval of the
1787
arbitrator or mediator, the arbitrator must impose sanctions
1788
against the party, including the striking of any pleadings filed,
1789
the entry of an order of dismissal or default if appropriate, and
1790
the award of costs and attorneys' fees incurred by the other
1791
parties. Unless otherwise agreed to by the parties or as provided
1792
by order of the arbitrator, a party is deemed to have appeared at
1793
a mediation conference by the physical presence of the party or
1794
its representative having full authority to settle without
1795
further consultation, provided that an association may comply by
1796
having one or more representatives present with full authority to
1797
negotiate a settlement and recommend that the board of
1798
administration ratify and approve such a settlement within 5 days
1799
from the date of the mediation conference. The parties shall
1800
share equally the expense of mediation, unless they agree
1801
otherwise.
1802
(g) The purpose of mediation as provided for by this
1803
section is to present the parties with an opportunity to resolve
1804
the underlying dispute in good faith, and with a minimum
1805
expenditure of time and resources.
1806
(h) Mediation proceedings must generally be conducted in
1807
accordance with the Florida Rules of Civil Procedure, and these
1808
proceedings are privileged and confidential to the same extent as
1809
court-ordered mediation. Persons who are not parties to the
1810
dispute are not allowed to attend the mediation conference
1811
without the consent of all parties, with the exception of counsel
1812
for the parties and corporate representatives designated to
1813
appear for a party. If the mediator declares an impasse after a
1814
mediation conference has been held, the arbitration proceeding
1815
terminates, unless all parties agree in writing to continue the
1816
arbitration proceeding, in which case the arbitrator's decision
1817
shall be either binding or nonbinding, as agreed upon by the
1818
parties; in the arbitration proceeding, the arbitrator shall not
1819
consider any evidence relating to the unsuccessful mediation
1820
except in a proceeding to impose sanctions for failure to appear
1821
at the mediation conference. If the parties do not agree to
1822
continue arbitration, the arbitrator shall enter an order of
1823
dismissal, and either party may institute a suit in a court of
1824
competent jurisdiction. The parties may seek to recover any costs
1825
and attorneys' fees incurred in connection with arbitration and
1826
mediation proceedings under this section as part of the costs and
1827
fees that may be recovered by the prevailing party in any
1828
subsequent litigation.
1829
(i) Arbitration shall be conducted according to rules
1830
adopted promulgated by the division. The filing of a petition for
1831
arbitration shall toll the applicable statute of limitations.
1832
(j) At the request of any party to the arbitration, the
1833
such arbitrator shall issue subpoenas for the attendance of
1834
witnesses and the production of books, records, documents, and
1835
other evidence and any party on whose behalf a subpoena is issued
1836
may apply to the court for orders compelling such attendance and
1837
production. Subpoenas shall be served and shall be enforceable in
1838
the manner provided by the Florida Rules of Civil Procedure.
1839
Discovery may, in the discretion of the arbitrator, be permitted
1840
in the manner provided by the Florida Rules of Civil Procedure.
1841
Rules adopted by the division may authorize any reasonable
1842
sanctions except contempt for a violation of the arbitration
1843
procedural rules of the division or for the failure of a party to
1844
comply with a reasonable nonfinal order issued by an arbitrator
1845
which is not under judicial review.
1846
(k) The arbitration decision shall be presented to the
1847
parties in writing. An arbitration decision is final in those
1848
disputes in which the parties have agreed to be bound. An
1849
arbitration decision is also final if a complaint for a trial de
1850
novo is not filed in a court of competent jurisdiction in which
1851
the condominium is located within 30 days. The right to file for
1852
a trial de novo entitles the parties to file a complaint in the
1853
appropriate trial court for a judicial resolution of the dispute.
1854
The prevailing party in an arbitration proceeding shall be
1855
awarded the costs of the arbitration and reasonable attorney's
1856
fees in an amount determined by the arbitrator. Such an award
1857
shall include the costs and reasonable attorney's fees incurred
1858
in the arbitration proceeding as well as the costs and reasonable
1859
attorney's fees incurred in preparing for and attending any
1860
scheduled mediation.
1861
(l) The party who files a complaint for a trial de novo
1862
shall be assessed the other party's arbitration costs, court
1863
costs, and other reasonable costs, including attorney's fees,
1864
investigation expenses, and expenses for expert or other
1865
testimony or evidence incurred after the arbitration hearing if
1866
the judgment upon the trial de novo is not more favorable than
1867
the arbitration decision. If the judgment is more favorable, the
1868
party who filed a complaint for trial de novo shall be awarded
1869
reasonable court costs and attorney's fees.
1870
(m) Any party to an arbitration proceeding may enforce an
1871
arbitration award by filing a petition in a court of competent
1872
jurisdiction in which the condominium is located. A petition may
1873
not be granted unless the time for appeal by the filing of a
1874
complaint for trial de novo has expired. If a complaint for a
1875
trial de novo has been filed, a petition may not be granted with
1876
respect to an arbitration award that has been stayed. If the
1877
petition for enforcement is granted, the petitioner shall recover
1878
reasonable attorney's fees and costs incurred in enforcing the
1879
arbitration award. A mediation settlement may also be enforced
1880
through the county or circuit court, as applicable, and any costs
1881
and fees incurred in the enforcement of a settlement agreement
1882
reached at mediation must be awarded to the prevailing party in
1883
any enforcement action.
1884
Section 45. Section 718.501, Florida Statutes, is amended
1885
to read:
1886
718.501 Powers and duties of Division of Florida Land
1887
Sales, Condominiums, Timeshares, and Mobile Homes.--
1888
(1) The Division of Florida Land Sales, Condominiums,
1889
Timeshares, and Mobile Homes of the Department of Business and
1890
Professional Regulation, referred to as the "division" in this
1891
part, in addition to other powers and duties prescribed by
1892
chapter 498, has the power to enforce and ensure compliance with
1893
the provisions of this chapter and rules promulgated pursuant
1894
hereto relating to the development, construction, sale, lease,
1895
ownership, operation, and management of residential condominium
1896
units. In performing its duties, the division has the following
1897
powers and duties:
1898
(a)1. The division may make necessary public or private
1899
investigations within or outside this state to determine whether
1900
any person has violated this chapter or any rule or order
1901
hereunder, to aid in the enforcement of this chapter, or to aid
1902
in the adoption of rules or forms hereunder.
1903
2. The division may submit any official written report,
1904
worksheet, or other related paper, or a duly certified copy
1905
thereof, compiled, prepared, drafted, or otherwise made by and
1906
duly authenticated by a financial examiner or analyst to be
1907
admitted as competent evidence in any hearing in which the
1908
financial examiner or analyst is available for cross-examination
1909
and attests under oath that such documents were prepared as a
1910
result of an examination or inspection conducted pursuant to this
1911
chapter.
1912
(b) The division may require or permit any person to file a
1913
statement in writing, under oath or otherwise, as the division
1914
determines, as to the facts and circumstances concerning a matter
1915
to be investigated.
1916
(c) For the purpose of any investigation under this
1917
chapter, the division director or any officer or employee
1918
designated by the division director may administer oaths or
1919
affirmations, subpoena witnesses and compel their attendance,
1920
take evidence, and require the production of any matter which is
1921
relevant to the investigation, including the existence,
1922
description, nature, custody, condition, and location of any
1923
books, documents, or other tangible things and the identity and
1924
location of persons having knowledge of relevant facts or any
1925
other matter reasonably calculated to lead to the discovery of
1926
material evidence. Upon the failure by a person to obey a
1927
subpoena or to answer questions propounded by the investigating
1928
officer and upon reasonable notice to all persons affected
1929
thereby, the division may apply to the circuit court for an order
1930
compelling compliance.
1931
(d) Notwithstanding any remedies available to unit owners
1932
and associations, if the division has reasonable cause to believe
1933
that a violation of any provision of this chapter or related rule
1934
promulgated pursuant hereto has occurred, the division may
1935
institute enforcement proceedings in its own name against any
1936
developer, association, officer, or member of the board of
1937
administration, or its assignees or agents, as follows:
1938
1. The division may permit a person whose conduct or
1939
actions may be under investigation to waive formal proceedings
1940
and enter into a consent proceeding whereby orders, rules, or
1941
letters of censure or warning, whether formal or informal, may be
1942
entered against the person.
1943
2. The division may issue an order requiring the developer,
1944
association, officer, or member of the board of administration,
1945
or its assignees or agents, to cease and desist from the unlawful
1946
practice and take such affirmative action as in the judgment of
1947
the division will carry out the purposes of this chapter. Such
1948
affirmative action may include, but is not limited to, an order
1949
requiring a developer to pay moneys determined to be owed to a
1950
condominium association. If the division finds that a developer,
1951
association, officer, or member of the board of administration,
1952
or its assignees or agents, is violating or is about to violate
1953
any provision of this chapter, any rule adopted or order issued
1954
by the division, or any written agreement entered into with the
1955
division, and presents an immediate danger to the public
1956
requiring an immediate final order, it may issue an emergency
1957
cease and desist order reciting with particularity the facts
1958
underlying such findings. The emergency cease and desist order is
1959
effective for 90 days. If the division begins nonemergency cease
1960
and desist proceedings, the emergency cease and desist order
1961
remains effective until the conclusion of the proceedings under
1963
3. The division may bring an action in circuit court on
1964
behalf of a class of unit owners, lessees, or purchasers for
1965
declaratory relief, injunctive relief, or restitution.
1966
4. The division may petition the court for the appointment
1967
of a receiver or conservator. If appointed, the receiver or
1968
conservator may take action to implement the court order to
1969
ensure the performance of the order and to remedy any breach
1970
thereof. In addition to all other means provided by law for the
1971
enforcement of an injunction or temporary restraining order, the
1972
circuit court may impound or sequester the property of a party
1973
defendant, including books, papers, documents, and related
1974
records, and allow the examination and use of the property by the
1975
division and a court-appointed receiver or conservator.
1976
5. The division may apply to the circuit court for an order
1977
of restitution whereby the defendant in an action brought
1978
pursuant to subparagraph 4. shall be ordered to make restitution
1979
of those sums shown by the division to have been obtained by the
1980
defendant in violation of this chapter. Such restitution shall,
1981
at the option of the court, be payable to the conservator or
1982
receiver appointed pursuant to subparagraph 4. or directly to the
1983
persons whose funds or assets were obtained in violation of this
1984
chapter.
1985
6.4. The division may impose a civil penalty against a
1986
developer or association, or its assignee or agent, for any
1987
violation of this chapter or a rule adopted under this chapter
1988
promulgated pursuant hereto. The division may impose a civil
1989
penalty individually against any officer or board member who
1990
willfully and knowingly violates a provision of this chapter,
1991
adopted a rule adopted pursuant hereto, or a final order of the
1992
division. The term "willfully and knowingly" means that the
1993
division informed the officer or board member that his or her
1994
action or intended action violates this chapter, a rule adopted
1995
under this chapter, or a final order of the division and that the
1996
officer or board member refused to comply with the requirements
1997
of this chapter, a rule adopted under this chapter, or a final
1998
order of the division. The division, prior to initiating formal
1999
agency action under chapter 120, shall afford the officer or
2000
board member an opportunity to voluntarily comply with this
2001
chapter, a rule adopted under this chapter, or a final order of
2002
the division. An officer or board member who complies within 10
2003
days is not subject to a civil penalty. A penalty may be imposed
2004
on the basis of each day of continuing violation, but in no event
2005
shall the penalty for any offense exceed $5,000. By January 1,
2006
1998, the division shall adopt, by rule, penalty guidelines
2007
applicable to possible violations or to categories of violations
2008
of this chapter or rules adopted by the division. The guidelines
2009
must specify a meaningful range of civil penalties for each such
2010
violation of the statute and rules and must be based upon the
2011
harm caused by the violation, the repetition of the violation,
2012
and upon such other factors deemed relevant by the division. For
2013
example, the division may consider whether the violations were
2014
committed by a developer or owner-controlled association, the
2015
size of the association, and other factors. The guidelines must
2016
designate the possible mitigating or aggravating circumstances
2017
that justify a departure from the range of penalties provided by
2018
the rules. It is the legislative intent that minor violations be
2019
distinguished from those which endanger the health, safety, or
2020
welfare of the condominium residents or other persons and that
2021
such guidelines provide reasonable and meaningful notice to the
2022
public of likely penalties that may be imposed for proscribed
2023
conduct. This subsection does not limit the ability of the
2024
division to informally dispose of administrative actions or
2025
complaints by stipulation, agreed settlement, or consent order.
2026
All amounts collected shall be deposited with the Chief Financial
2027
Officer to the credit of the Division of Florida Land Sales,
2028
Condominiums, Timeshares, and Mobile Homes Trust Fund. If a
2029
developer fails to pay the civil penalty, the division shall
2030
thereupon issue an order directing that such developer cease and
2031
desist from further operation until such time as the civil
2032
penalty is paid or may pursue enforcement of the penalty in a
2033
court of competent jurisdiction. If an association fails to pay
2034
the civil penalty, the division shall thereupon pursue
2035
enforcement in a court of competent jurisdiction, and the order
2036
imposing the civil penalty or the cease and desist order will not
2037
become effective until 20 days after the date of such order. Any
2038
action commenced by the division shall be brought in the county
2039
in which the division has its executive offices or in the county
2040
where the violation occurred.
2041
7. In addition to subparagraph 6., the division may seek
2042
the imposition of a civil penalty through the circuit court for
2043
any violation for which the division may issue a notice to show
2044
cause under paragraph (q). The civil penalty shall be at least
2045
$500 but no more than $5,000 for each violation. The court may
2046
also award to the prevailing party court costs and reasonable
2047
attorney's fees and, if the division prevails, may also award
2048
reasonable costs of investigation.
2049
(e) The division may is authorized to prepare and
2050
disseminate a prospectus and other information to assist
2051
prospective owners, purchasers, lessees, and developers of
2052
residential condominiums in assessing the rights, privileges, and
2053
duties pertaining thereto.
2054
(f) The division has authority to adopt rules pursuant to
2056
of this chapter.
2057
(g) The division shall establish procedures for providing
2058
notice to an association when the division is considering the
2059
issuance of a declaratory statement with respect to the
2060
declaration of condominium or any related document governing in
2061
such condominium community.
2062
(h) The division shall furnish each association which pays
2063
the fees required by paragraph (2)(a) a copy of this act,
2064
subsequent changes to this act on an annual basis, an amended
2065
version of this act as it becomes available from the Secretary of
2066
State's office on a biennial basis, and the rules adopted
2067
promulgated pursuant thereto on an annual basis.
2068
(i) The division shall annually provide each association
2069
with a summary of declaratory statements and formal legal
2070
opinions relating to the operations of condominiums which were
2071
rendered by the division during the previous year.
2072
(j) The division shall provide training programs for
2073
condominium association board members and unit owners.
2074
(k) The division shall maintain a toll-free telephone
2075
number accessible to condominium unit owners.
2076
(l) The division shall develop a program to certify both
2077
volunteer and paid mediators to provide mediation of condominium
2078
disputes. The division shall provide, upon request, a list of
2079
such mediators to any association, unit owner, or other
2080
participant in arbitration proceedings under s. 718.1255
2081
requesting a copy of the list. The division shall include on the
2082
list of volunteer mediators only the names of persons who have
2083
received at least 20 hours of training in mediation techniques or
2084
who have mediated at least 20 disputes. In order to become
2085
initially certified by the division, paid mediators must be
2086
certified by the Supreme Court to mediate court cases in either
2087
county or circuit courts. However, the division may adopt, by
2088
rule, additional factors for the certification of paid mediators,
2089
which factors must be related to experience, education, or
2090
background. Any person initially certified as a paid mediator by
2091
the division must, in order to continue to be certified, comply
2092
with the factors or requirements imposed by rules adopted by the
2093
division.
2094
(m) When a complaint is made, the division shall conduct
2095
its inquiry with due regard to the interests of the affected
2096
parties. Within 30 days after receipt of a complaint, the
2097
division shall acknowledge the complaint in writing and notify
2098
the complainant whether the complaint is within the jurisdiction
2099
of the division and whether additional information is needed by
2100
the division from the complainant. The division shall conduct its
2101
investigation and shall, within 90 days after receipt of the
2102
original complaint or of timely requested additional information,
2103
take action upon the complaint. However, the failure to complete
2104
the investigation within 90 days does not prevent the division
2105
from continuing the investigation, accepting or considering
2106
evidence obtained or received after 90 days, or taking
2107
administrative action if reasonable cause exists to believe that
2108
a violation of this chapter or a rule of the division has
2109
occurred. If an investigation is not completed within the time
2110
limits established in this paragraph, the division shall, on a
2111
monthly basis, notify the complainant in writing of the status of
2112
the investigation. When reporting its action to the complainant,
2113
the division shall inform the complainant of any right to a
2115
(n) The division may:
2116
1. Contract with agencies in this state or other
2117
jurisdictions to perform investigative functions; or
2118
2. Accept grants-in-aid from any source.
2119
(o) The division shall cooperate with similar agencies in
2120
other jurisdictions to establish uniform filing procedures and
2121
forms, public offering statements, advertising standards, and
2122
rules and common administrative practices.
2123
(p) The division shall consider notice to a developer to be
2124
complete when it is delivered to the developer's address
2125
currently on file with the division.
2126
(q) In addition to its enforcement authority, the division
2127
may issue a notice to show cause, which shall provide for a
2128
hearing, upon written request, in accordance with chapter 120.
2129
(2)(a) Effective January 1, 1992, Each condominium
2130
association which operates more than two units shall pay to the
2131
division an annual fee in the amount of $4 for each residential
2132
unit in condominiums operated by the association. If the fee is
2133
not paid by March 1, then the association shall be assessed a
2134
penalty of 10 percent of the amount due, and the association will
2135
not have standing to maintain or defend any action in the courts
2136
of this state until the amount due, plus any penalty, is paid.
2137
(b) All fees shall be deposited in the Division of Florida
2138
Land Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund
2139
as provided by law.
2140
Section 46. Subsection (1) of section 718.5011, Florida
2141
Statutes, is amended to read:
2142
718.5011 Ombudsman; appointment; administration.--
2143
(1) There is created an Office of the Condominium
2144
Ombudsman, to be located for administrative purposes within the
2145
Division of Florida Land Sales, Condominiums, Timeshares, and
2146
Mobile Homes. The functions of the office shall be funded by the
2147
Division of Florida Land Sales, Condominiums, Timeshares, and
2148
Mobile Homes Trust Fund. The ombudsman shall be a bureau chief of
2149
the division, and the office shall be set within the division in
2150
the same manner as any other bureau is staffed and funded.
2151
Section 47. Paragraph (a) of subsection (2) of section
2152
718.502, Florida Statutes, is amended to read:
2153
718.502 Filing prior to sale or lease.--
2154
(2)(a) Prior to filing as required by subsection (1), and
2155
prior to acquiring an ownership, leasehold, or contractual
2156
interest in the land upon which the condominium is to be
2157
developed, a developer shall not offer a contract for purchase of
2158
a unit or lease of a unit for more than 5 years. However, the
2159
developer may accept deposits for reservations upon the approval
2160
of a fully executed escrow agreement and reservation agreement
2161
form properly filed with the Division of Florida Land Sales,
2162
Condominiums, Timeshares, and Mobile Homes. Each filing of a
2163
proposed reservation program shall be accompanied by a filing fee
2164
of $250. Reservations shall not be taken on a proposed
2165
condominium unless the developer has an ownership, leasehold, or
2166
contractual interest in the land upon which the condominium is to
2167
be developed. The division shall notify the developer within 20
2168
days of receipt of the reservation filing of any deficiencies
2169
contained therein. Such notification shall not preclude the
2170
determination of reservation filing deficiencies at a later date,
2171
nor shall it relieve the developer of any responsibility under
2172
the law. The escrow agreement and the reservation agreement form
2173
shall include a statement of the right of the prospective
2174
purchaser to an immediate unqualified refund of the reservation
2175
deposit moneys upon written request to the escrow agent by the
2176
prospective purchaser or the developer.
2177
Section 48. Section 718.504, Florida Statutes, is amended
2178
to read:
2179
718.504 Prospectus or offering circular.--Every developer
2180
of a residential condominium which contains more than 20
2181
residential units, or which is part of a group of residential
2182
condominiums which will be served by property to be used in
2183
common by unit owners of more than 20 residential units, shall
2184
prepare a prospectus or offering circular and file it with the
2185
Division of Florida Land Sales, Condominiums, Timeshares, and
2186
Mobile Homes prior to entering into an enforceable contract of
2187
purchase and sale of any unit or lease of a unit for more than 5
2188
years and shall furnish a copy of the prospectus or offering
2189
circular to each buyer. In addition to the prospectus or offering
2190
circular, each buyer shall be furnished a separate page entitled
2191
"Frequently Asked Questions and Answers," which shall be in
2192
accordance with a format approved by the division and a copy of
2193
the financial information required by s. 718.111. This page
2194
shall, in readable language, inform prospective purchasers
2195
regarding their voting rights and unit use restrictions,
2196
including restrictions on the leasing of a unit; shall indicate
2197
whether and in what amount the unit owners or the association is
2198
obligated to pay rent or land use fees for recreational or other
2199
commonly used facilities; shall contain a statement identifying
2200
that amount of assessment which, pursuant to the budget, would be
2201
levied upon each unit type, exclusive of any special assessments,
2202
and which shall further identify the basis upon which assessments
2203
are levied, whether monthly, quarterly, or otherwise; shall state
2204
and identify any court cases in which the association is
2205
currently a party of record in which the association may face
2206
liability in excess of $100,000; and which shall further state
2207
whether membership in a recreational facilities association is
2208
mandatory, and if so, shall identify the fees currently charged
2209
per unit type. The division shall by rule require such other
2210
disclosure as in its judgment will assist prospective purchasers.
2211
The prospectus or offering circular may include more than one
2212
condominium, although not all such units are being offered for
2213
sale as of the date of the prospectus or offering circular. The
2214
prospectus or offering circular must contain the following
2215
information:
2216
(1) The front cover or the first page must contain only:
2217
(a) The name of the condominium.
2218
(b) The following statements in conspicuous type:
2219
1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2220
MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2221
2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2222
NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2223
ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.
2224
3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2225
STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2226
PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2227
REPRESENTATIONS.
2228
(2) Summary: The next page must contain all statements
2229
required to be in conspicuous type in the prospectus or offering
2230
circular.
2231
(3) A separate index of the contents and exhibits of the
2232
prospectus.
2233
(4) Beginning on the first page of the text (not including
2234
the summary and index), a description of the condominium,
2235
including, but not limited to, the following information:
2236
(a) Its name and location.
2237
(b) A description of the condominium property, including,
2238
without limitation:
2239
1. The number of buildings, the number of units in each
2240
building, the number of bathrooms and bedrooms in each unit, and
2241
the total number of units, if the condominium is not a phase
2242
condominium, or the maximum number of buildings that may be
2243
contained within the condominium, the minimum and maximum numbers
2244
of units in each building, the minimum and maximum numbers of
2245
bathrooms and bedrooms that may be contained in each unit, and
2246
the maximum number of units that may be contained within the
2247
condominium, if the condominium is a phase condominium.
2248
2. The page in the condominium documents where a copy of
2249
the plot plan and survey of the condominium is located.
2250
3. The estimated latest date of completion of constructing,
2251
finishing, and equipping. In lieu of a date, the description
2252
shall include a statement that the estimated date of completion
2253
of the condominium is in the purchase agreement and a reference
2254
to the article or paragraph containing that information.
2255
(c) The maximum number of units that will use facilities in
2256
common with the condominium. If the maximum number of units will
2257
vary, a description of the basis for variation and the minimum
2258
amount of dollars per unit to be spent for additional
2259
recreational facilities or enlargement of such facilities. If the
2260
addition or enlargement of facilities will result in a material
2261
increase of a unit owner's maintenance expense or rental expense,
2262
if any, the maximum increase and limitations thereon shall be
2263
stated.
2264
(5)(a) A statement in conspicuous type describing whether
2265
the condominium is created and being sold as fee simple interests
2266
or as leasehold interests. If the condominium is created or being
2267
sold on a leasehold, the location of the lease in the disclosure
2268
materials shall be stated.
2269
(b) If timeshare estates are or may be created with respect
2270
to any unit in the condominium, a statement in conspicuous type
2271
stating that timeshare estates are created and being sold in
2272
units in the condominium.
2273
(6) A description of the recreational and other commonly
2274
used facilities that will be used only by unit owners of the
2275
condominium, including, but not limited to, the following:
2276
(a) Each room and its intended purposes, location,
2277
approximate floor area, and capacity in numbers of people.
2278
(b) Each swimming pool, as to its general location,
2279
approximate size and depths, approximate deck size and capacity,
2280
and whether heated.
2281
(c) Additional facilities, as to the number of each
2282
facility, its approximate location, approximate size, and
2283
approximate capacity.
2284
(d) A general description of the items of personal property
2285
and the approximate number of each item of personal property that
2286
the developer is committing to furnish for each room or other
2287
facility or, in the alternative, a representation as to the
2288
minimum amount of expenditure that will be made to purchase the
2289
personal property for the facility.
2290
(e) The estimated date when each room or other facility
2291
will be available for use by the unit owners.
2292
(f)1. An identification of each room or other facility to
2293
be used by unit owners that will not be owned by the unit owners
2294
or the association;
2295
2. A reference to the location in the disclosure materials
2296
of the lease or other agreements providing for the use of those
2297
facilities; and
2298
3. A description of the terms of the lease or other
2299
agreements, including the length of the term; the rent payable,
2300
directly or indirectly, by each unit owner, and the total rent
2301
payable to the lessor, stated in monthly and annual amounts for
2302
the entire term of the lease; and a description of any option to
2303
purchase the property leased under any such lease, including the
2304
time the option may be exercised, the purchase price or how it is
2305
to be determined, the manner of payment, and whether the option
2306
may be exercised for a unit owner's share or only as to the
2307
entire leased property.
2308
(g) A statement as to whether the developer may provide
2309
additional facilities not described above; their general
2310
locations and types; improvements or changes that may be made;
2311
the approximate dollar amount to be expended; and the maximum
2312
additional common expense or cost to the individual unit owners
2313
that may be charged during the first annual period of operation
2314
of the modified or added facilities.
2315
2316
Descriptions as to locations, areas, capacities, numbers,
2317
volumes, or sizes may be stated as approximations or minimums.
2318
(7) A description of the recreational and other facilities
2319
that will be used in common with other condominiums, community
2320
associations, or planned developments which require the payment
2321
of the maintenance and expenses of such facilities, either
2322
directly or indirectly, by the unit owners. The description shall
2323
include, but not be limited to, the following:
2324
(a) Each building and facility committed to be built.
2325
(b) Facilities not committed to be built except under
2326
certain conditions, and a statement of those conditions or
2327
contingencies.
2328
(c) As to each facility committed to be built, or which
2329
will be committed to be built upon the happening of one of the
2330
conditions in paragraph (b), a statement of whether it will be
2331
owned by the unit owners having the use thereof or by an
2332
association or other entity which will be controlled by them, or
2333
others, and the location in the exhibits of the lease or other
2334
document providing for use of those facilities.
2335
(d) The year in which each facility will be available for
2336
use by the unit owners or, in the alternative, the maximum number
2337
of unit owners in the project at the time each of all of the
2338
facilities is committed to be completed.
2339
(e) A general description of the items of personal
2340
property, and the approximate number of each item of personal
2341
property, that the developer is committing to furnish for each
2342
room or other facility or, in the alternative, a representation
2343
as to the minimum amount of expenditure that will be made to
2344
purchase the personal property for the facility.
2345
(f) If there are leases, a description thereof, including
2346
the length of the term, the rent payable, and a description of
2347
any option to purchase.
2348
2349
Descriptions shall include location, areas, capacities, numbers,
2350
volumes, or sizes and may be stated as approximations or
2351
minimums.
2352
(8) Recreation lease or associated club membership:
2353
(a) If any recreational facilities or other facilities
2354
offered by the developer and available to, or to be used by, unit
2355
owners are to be leased or have club membership associated, the
2356
following statement in conspicuous type shall be included: THERE
2357
IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2358
CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2359
CONDOMINIUM. There shall be a reference to the location in the
2360
disclosure materials where the recreation lease or club
2361
membership is described in detail.
2362
(b) If it is mandatory that unit owners pay a fee, rent,
2363
dues, or other charges under a recreational facilities lease or
2364
club membership for the use of facilities, there shall be in
2365
conspicuous type the applicable statement:
2366
1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2367
MANDATORY FOR UNIT OWNERS; or
2368
2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2369
TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2370
3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS
2371
AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,
2372
RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE
2373
OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2374
4. A similar statement of the nature of the organization or
2375
the manner in which the use rights are created, and that unit
2376
owners are required to pay.
2377
2378
Immediately following the applicable statement, the location in
2379
the disclosure materials where the development is described in
2380
detail shall be stated.
2381
(c) If the developer, or any other person other than the
2382
unit owners and other persons having use rights in the
2383
facilities, reserves, or is entitled to receive, any rent, fee,
2384
or other payment for the use of the facilities, then there shall
2385
be the following statement in conspicuous type: THE UNIT OWNERS
2386
OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2387
RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
2388
following this statement, the location in the disclosure
2389
materials where the rent or land use fees are described in detail
2390
shall be stated.
2391
(d) If, in any recreation format, whether leasehold, club,
2392
or other, any person other than the association has the right to
2393
a lien on the units to secure the payment of assessments, rent,
2394
or other exactions, there shall appear a statement in conspicuous
2395
type in substantially the following form:
2396
1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2397
SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2398
RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE PAYMENTS
2399
MAY RESULT IN FORECLOSURE OF THE LIEN; or
2400
2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2401
SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2402
FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2403
OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
2404
THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2405
2406
Immediately following the applicable statement, the location in
2407
the disclosure materials where the lien or lien right is
2408
described in detail shall be stated.
2409
(9) If the developer or any other person has the right to
2410
increase or add to the recreational facilities at any time after
2411
the establishment of the condominium whose unit owners have use
2412
rights therein, without the consent of the unit owners or
2413
associations being required, there shall appear a statement in
2414
conspicuous type in substantially the following form:
2415
RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2416
OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2417
statement, the location in the disclosure materials where such
2418
reserved rights are described shall be stated.
2419
(10) A statement of whether the developer's plan includes a
2420
program of leasing units rather than selling them, or leasing
2421
units and selling them subject to such leases. If so, there shall
2422
be a description of the plan, including the number and
2423
identification of the units and the provisions and term of the
2424
proposed leases, and a statement in boldfaced type that: THE
2425
UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2426
(11) The arrangements for management of the association and
2427
maintenance and operation of the condominium property and of
2428
other property that will serve the unit owners of the condominium
2429
property, and a description of the management contract and all
2430
other contracts for these purposes having a term in excess of 1
2431
year, including the following:
2432
(a) The names of contracting parties.
2433
(b) The term of the contract.
2434
(c) The nature of the services included.
2435
(d) The compensation, stated on a monthly and annual basis,
2436
and provisions for increases in the compensation.
2437
(e) A reference to the volumes and pages of the condominium
2438
documents and of the exhibits containing copies of such
2439
contracts.
2440
2441
Copies of all described contracts shall be attached as exhibits.
2442
If there is a contract for the management of the condominium
2443
property, then a statement in conspicuous type in substantially
2444
the following form shall appear, identifying the proposed or
2445
existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR THE
2446
MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE CONTRACT
2447
MANAGER). Immediately following this statement, the location in
2448
the disclosure materials of the contract for management of the
2449
condominium property shall be stated.
2450
(12) If the developer or any other person or persons other
2451
than the unit owners has the right to retain control of the board
2452
of administration of the association for a period of time which
2453
can exceed 1 year after the closing of the sale of a majority of
2454
the units in that condominium to persons other than successors or
2455
alternate developers, then a statement in conspicuous type in
2456
substantially the following form shall be included: THE DEVELOPER
2457
(OR OTHER PERSON) HAS THE RIGHT TO RETAIN CONTROL OF THE
2458
ASSOCIATION AFTER A MAJORITY OF THE UNITS HAVE BEEN SOLD.
2459
Immediately following this statement, the location in the
2460
disclosure materials where this right to control is described in
2461
detail shall be stated.
2462
(13) If there are any restrictions upon the sale, transfer,
2463
conveyance, or leasing of a unit, then a statement in conspicuous
2464
type in substantially the following form shall be included: THE
2465
SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR CONTROLLED.
2466
Immediately following this statement, the location in the
2467
disclosure materials where the restriction, limitation, or
2468
control on the sale, lease, or transfer of units is described in
2469
detail shall be stated.
2470
(14) If the condominium is part of a phase project, the
2471
following information shall be stated:
2472
(a) A statement in conspicuous type in substantially the
2473
following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
2474
UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
2475
this statement, the location in the disclosure materials where
2476
the phasing is described shall be stated.
2477
(b) A summary of the provisions of the declaration which
2478
provide for the phasing.
2479
(c) A statement as to whether or not residential buildings
2480
and units which are added to the condominium may be substantially
2481
different from the residential buildings and units originally in
2482
the condominium. If the added residential buildings and units may
2483
be substantially different, there shall be a general description
2484
of the extent to which such added residential buildings and units
2485
may differ, and a statement in conspicuous type in substantially
2486
the following form shall be included: BUILDINGS AND UNITS WHICH
2487
ARE ADDED TO THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM
2488
THE OTHER BUILDINGS AND UNITS IN THE CONDOMINIUM. Immediately
2489
following this statement, the location in the disclosure
2490
materials where the extent to which added residential buildings
2491
and units may substantially differ is described shall be stated.
2492
(d) A statement of the maximum number of buildings
2493
containing units, the maximum and minimum numbers of units in
2494
each building, the maximum number of units, and the minimum and
2495
maximum square footage of the units that may be contained within
2496
each parcel of land which may be added to the condominium.
2497
(15) If a condominium created on or after July 1, 2000, is
2498
or may become part of a multicondominium, the following
2499
information must be provided:
2500
(a) A statement in conspicuous type in substantially the
2501
following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
2502
MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
2503
(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
2504
this statement, the location in the prospectus or offering
2505
circular and its exhibits where the multicondominium aspects of
2506
the offering are described must be stated.
2507
(b) A summary of the provisions in the declaration,
2508
articles of incorporation, and bylaws which establish and provide
2509
for the operation of the multicondominium, including a statement
2510
as to whether unit owners in the condominium will have the right
2511
to use recreational or other facilities located or planned to be
2512
located in other condominiums operated by the same association,
2513
and the manner of sharing the common expenses related to such
2514
facilities.
2515
(c) A statement of the minimum and maximum number of
2516
condominiums, and the minimum and maximum number of units in each
2517
of those condominiums, which will or may be operated by the
2518
association, and the latest date by which the exact number will
2519
be finally determined.
2520
(d) A statement as to whether any of the condominiums in
2521
the multicondominium may include units intended to be used for
2522
nonresidential purposes and the purpose or purposes permitted for
2523
such use.
2524
(e) A general description of the location and approximate
2525
acreage of any land on which any additional condominiums to be
2526
operated by the association may be located.
2527
(16) If the condominium is created by conversion of
2528
existing improvements, the following information shall be stated:
2529
(a) The information required by s. 718.616.
2530
(b) A caveat that there are no express warranties unless
2531
they are stated in writing by the developer.
2532
(17) A summary of the restrictions, if any, to be imposed
2533
on units concerning the use of any of the condominium property,
2534
including statements as to whether there are restrictions upon
2535
children and pets, and reference to the volumes and pages of the
2536
condominium documents where such restrictions are found, or if
2537
such restrictions are contained elsewhere, then a copy of the
2538
documents containing the restrictions shall be attached as an
2539
exhibit.
2540
(18) If there is any land that is offered by the developer
2541
for use by the unit owners and that is neither owned by them nor
2542
leased to them, the association, or any entity controlled by unit
2543
owners and other persons having the use rights to such land, a
2544
statement shall be made as to how such land will serve the
2545
condominium. If any part of such land will serve the condominium,
2546
the statement shall describe the land and the nature and term of
2547
service, and the declaration or other instrument creating such
2548
servitude shall be included as an exhibit.
2549
(19) The manner in which utility and other services,
2550
including, but not limited to, sewage and waste disposal, water
2551
supply, and storm drainage, will be provided and the person or
2552
entity furnishing them.
2553
(20) An explanation of the manner in which the
2554
apportionment of common expenses and ownership of the common
2555
elements has been determined.
2556
(21) An estimated operating budget for the condominium and
2557
the association, and a schedule of the unit owner's expenses
2558
shall be attached as an exhibit and shall contain the following
2559
information:
2560
(a) The estimated monthly and annual expenses of the
2561
condominium and the association that are collected from unit
2562
owners by assessments.
2563
(b) The estimated monthly and annual expenses of each unit
2564
owner for a unit, other than common expenses paid by all unit
2565
owners, payable by the unit owner to persons or entities other
2566
than the association, as well as to the association, including
2567
fees assessed pursuant to s. 718.113(1) for maintenance of
2568
limited common elements where such costs are shared only by those
2569
entitled to use the limited common element, and the total
2570
estimated monthly and annual expense. There may be excluded from
2571
this estimate expenses which are not provided for or contemplated
2572
by the condominium documents, including, but not limited to, the
2573
costs of private telephone; maintenance of the interior of
2574
condominium units, which is not the obligation of the
2575
association; maid or janitorial services privately contracted for
2576
by the unit owners; utility bills billed directly to each unit
2577
owner for utility services to his or her unit; insurance premiums
2578
other than those incurred for policies obtained by the
2579
condominium; and similar personal expenses of the unit owner. A
2580
unit owner's estimated payments for assessments shall also be
2581
stated in the estimated amounts for the times when they will be
2582
due.
2583
(c) The estimated items of expenses of the condominium and
2584
the association, except as excluded under paragraph (b),
2585
including, but not limited to, the following items, which shall
2586
be stated either as an association expense collectible by
2587
assessments or as unit owners' expenses payable to persons other
2588
than the association:
2589
1. Expenses for the association and condominium:
2590
a. Administration of the association.
2591
b. Management fees.
2592
c. Maintenance.
2593
d. Rent for recreational and other commonly used
2594
facilities.
2595
e. Taxes upon association property.
2596
f. Taxes upon leased areas.
2597
g. Insurance.
2598
h. Security provisions.
2599
i. Other expenses.
2600
j. Operating capital.
2601
k. Reserves.
2602
l. Fees payable to the division.
2603
2. Expenses for a unit owner:
2604
a. Rent for the unit, if subject to a lease.
2605
b. Rent payable by the unit owner directly to the lessor or
2606
agent under any recreational lease or lease for the use of
2607
commonly used facilities, which use and payment is a mandatory
2608
condition of ownership and is not included in the common expense
2609
or assessments for common maintenance paid by the unit owners to
2610
the association.
2611
(d) The following statement in conspicuous type: THE BUDGET
2612
CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2613
ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
2614
ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2615
FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2616
ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2617
CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
2618
OFFERING.
2619
(e) Each budget for an association prepared by a developer
2620
consistent with this subsection shall be prepared in good faith
2621
and shall reflect accurate estimated amounts for the required
2622
items in paragraph (c) at the time of the filing of the offering
2623
circular with the division, and subsequent increased amounts of
2624
any item included in the association's estimated budget that are
2625
beyond the control of the developer shall not be considered an
2626
amendment that would give rise to rescission rights set forth in
2627
s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2628
or otherwise affect any guarantee of the developer contained in
2629
the offering circular or any purchase contract. It is the intent
2630
of this paragraph to clarify existing law.
2631
(f) The estimated amounts shall be stated for a period of
2632
at least 12 months and may distinguish between the period prior
2633
to the time unit owners other than the developer elect a majority
2634
of the board of administration and the period after that date.
2635
(22) A schedule of estimated closing expenses to be paid by
2636
a buyer or lessee of a unit and a statement of whether title
2637
opinion or title insurance policy is available to the buyer and,
2638
if so, at whose expense.
2639
(23) The identity of the developer and the chief operating
2640
officer or principal directing the creation and sale of the
2641
condominium and a statement of its and his or her experience in
2642
this field.
2643
(24) Copies of the following, to the extent they are
2644
applicable, shall be included as exhibits:
2645
(a) The declaration of condominium, or the proposed
2646
declaration if the declaration has not been recorded.
2647
(b) The articles of incorporation creating the association.
2648
(c) The bylaws of the association.
2649
(d) The ground lease or other underlying lease of the
2650
condominium.
2651
(e) The management agreement and all maintenance and other
2652
contracts for management of the association and operation of the
2653
condominium and facilities used by the unit owners having a
2654
service term in excess of 1 year.
2655
(f) The estimated operating budget for the condominium and
2656
the required schedule of unit owners' expenses.
2657
(g) A copy of the floor plan of the unit and the plot plan
2658
showing the location of the residential buildings and the
2659
recreation and other common areas.
2660
(h) The lease of recreational and other facilities that
2661
will be used only by unit owners of the subject condominium.
2662
(i) The lease of facilities used by owners and others.
2663
(j) The form of unit lease, if the offer is of a leasehold.
2664
(k) A declaration of servitude of properties serving the
2665
condominium but not owned by unit owners or leased to them or the
2666
association.
2667
(l) The statement of condition of the existing building or
2668
buildings, if the offering is of units in an operation being
2669
converted to condominium ownership.
2670
(m) The statement of inspection for termite damage and
2671
treatment of the existing improvements, if the condominium is a
2672
conversion.
2673
(n) The form of agreement for sale or lease of units.
2674
(o) A copy of the agreement for escrow of payments made to
2675
the developer prior to closing.
2676
(p) A copy of the documents containing any restrictions on
2677
use of the property required by subsection (17).
2678
(25) Any prospectus or offering circular complying, prior
2679
to the effective date of this act, with the provisions of former
2680
ss. 711.69 and 711.802 may continue to be used without amendment
2681
or may be amended to comply with the provisions of this chapter.
2682
(26) A brief narrative description of the location and
2683
effect of all existing and intended easements located or to be
2684
located on the condominium property other than those described in
2685
the declaration.
2686
(27) If the developer is required by state or local
2687
authorities to obtain acceptance or approval of any dock or
2688
marina facilities intended to serve the condominium, a copy of
2689
any such acceptance or approval acquired by the time of filing
2690
with the division under s. 718.502(1) or a statement that such
2691
acceptance or approval has not been acquired or received.
2692
(28) Evidence demonstrating that the developer has an
2693
ownership, leasehold, or contractual interest in the land upon
2694
which the condominium is to be developed.
2695
Section 49. Section 718.508, Florida Statutes, is amended
2696
to read:
2697
718.508 Regulation by Division of Hotels and
2698
Restaurants.--In addition to the authority, regulation, or
2699
control exercised by the Division of Florida Land Sales,
2700
Condominiums, Timeshares, and Mobile Homes pursuant to this act
2701
with respect to condominiums, buildings included in a condominium
2702
property are shall be subject to the authority, regulation, or
2703
control of the Division of Hotels and Restaurants of the
2704
Department of Business and Professional Regulation, to the extent
2705
provided for in chapter 399.
2706
Section 50. Section 718.509, Florida Statutes, is amended,
2707
and section 498.019, Florida Statutes, is transferred, renumbered
2708
as subsections (1) and (2) of that section, and amended to read:
2709
718.509 Division of Florida Land Sales, Condominiums,
2710
Timeshares, and Mobile Homes Trust Fund.--All funds collected by
2711
the division and any amount paid for a fee or penalty under this
2712
chapter shall be deposited in the State Treasury to the credit of
2713
the Division of Florida Land Sales, Condominiums, and Mobile
2714
Homes Trust Fund created by s. 498.019.
2715
498.019 Division of Florida Land Sales, Condominiums, and
2716
Mobile Homes Trust Fund.--
2717
(1) There is created within the State Treasury the Division
2718
of Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2719
Trust Fund to be used for the administration and operation of
2720
this chapter and chapters 718, 719, 721, and 723 by the division.
2721
(2) All moneys collected by the division from fees, fines,
2722
or penalties or from costs awarded to the division by a court or
2723
administrative final order shall be paid into the Division of
2724
Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2725
Trust Fund. The Legislature shall appropriate funds from this
2726
trust fund sufficient to carry out the provisions of this chapter
2727
and the provisions of law with respect to each category of
2728
business covered by the this trust fund. The division shall
2729
maintain separate revenue accounts in the trust fund for each of
2730
the businesses regulated by the division. The division shall
2731
provide for the proportionate allocation among the accounts of
2732
expenses incurred by the division in the performance of its
2733
duties with respect to each of these businesses. As part of its
2734
normal budgetary process, the division shall prepare an annual
2735
report of revenue and allocated expenses related to the operation
2736
of each of these businesses which may be used to determine fees
2737
charged by the division. This subsection shall operate pursuant
2738
to the provisions of s. 215.20.
2739
Section 51. Paragraph (a) of subsection (2) of section
2740
718.608, Florida Statutes, is amended to read:
2741
718.608 Notice of intended conversion; time of delivery;
2742
content.--
2743
(2)(a) Each notice of intended conversion shall be dated
2744
and in writing. The notice shall contain the following statement,
2745
with the phrases of the following statement which appear in upper
2746
case printed in conspicuous type:
2747
2748
These apartments are being converted to condominium by
2749
(name of developer) , the developer.
2750
1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2751
YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2752
AGREEMENT AS FOLLOWS:
2753
a. If you have continuously been a resident of these
2754
apartments during the last 180 days and your rental agreement
2755
expires during the next 270 days, you may extend your rental
2756
agreement for up to 270 days after the date of this notice.
2757
b. If you have not been a continuous resident of these
2758
apartments for the last 180 days and your rental agreement
2759
expires during the next 180 days, you may extend your rental
2760
agreement for up to 180 days after the date of this notice.
2761
c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2762
MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2763
DATE OF THIS NOTICE.
2764
2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2765
you may extend your rental agreement for up to 45 days after the
2766
date of this notice while you decide whether to extend your
2767
rental agreement as explained above. To do so, you must notify
2768
the developer in writing. You will then have the full 45 days to
2769
decide whether to extend your rental agreement as explained
2770
above.
2771
3. During the extension of your rental agreement you will
2772
be charged the same rent that you are now paying.
2773
4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2774
OF THE RENTAL AGREEMENT AS FOLLOWS:
2775
a. If your rental agreement began or was extended or
2776
renewed after May 1, 1980, and your rental agreement, including
2777
extensions and renewals, has an unexpired term of 180 days or
2778
less, you may cancel your rental agreement upon 30 days' written
2779
notice and move. Also, upon 30 days' written notice, you may
2780
cancel any extension of the rental agreement.
2781
b. If your rental agreement was not begun or was not
2782
extended or renewed after May 1, 1980, you may not cancel the
2783
rental agreement without the consent of the developer. If your
2784
rental agreement, including extensions and renewals, has an
2785
unexpired term of 180 days or less, you may, however, upon 30
2786
days' written notice cancel any extension of the rental
2787
agreement.
2788
5. All notices must be given in writing and sent by mail,
2789
return receipt requested, or delivered in person to the developer
2790
at this address: (name and address of developer) .
2791
6. If you have continuously been a resident of these
2792
apartments during the last 180 days:
2793
a. You have the right to purchase your apartment and will
2794
have 45 days to decide whether to purchase. If you do not buy the
2795
unit at that price and the unit is later offered at a lower
2796
price, you will have the opportunity to buy the unit at the lower
2797
price. However, in all events your right to purchase the unit
2798
ends when the rental agreement or any extension of the rental
2799
agreement ends or when you waive this right in writing.
2800
b. Within 90 days you will be provided purchase information
2801
relating to your apartment, including the price of your unit and
2802
the condition of the building. If you do not receive this
2803
information within 90 days, your rental agreement and any
2804
extension will be extended 1 day for each day over 90 days until
2805
you are given the purchase information. If you do not want this
2806
rental agreement extension, you must notify the developer in
2807
writing.
2808
7. If you have any questions regarding this conversion or
2809
the Condominium Act, you may contact the developer or the state
2810
agency which regulates condominiums: The Division of Florida Land
2811
Sales, Condominiums, Timeshares, and Mobile Homes, (Tallahassee
2812
address and telephone number of division) .
2813
Section 52. Subsection (17) of section 719.103, Florida
2814
Statutes, is amended to read:
2815
719.103 Definitions.--As used in this chapter:
2816
(17) "Division" means the Division of Florida Land Sales,
2817
Condominiums, Timeshares, and Mobile Homes of the Department of
2818
Business and Professional Regulation.
2819
Section 53. Section 719.1255, Florida Statutes, is amended
2820
to read:
2821
719.1255 Alternative resolution of disputes.--The Division
2822
of Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2823
of the Department of Business and Professional Regulation shall
2824
provide for alternative dispute resolution in accordance with s.
2825
2826
Section 54. Section 719.501, Florida Statutes, is amended
2827
to read:
2828
719.501 Powers and duties of Division of Florida Land
2829
Sales, Condominiums, Timeshares, and Mobile Homes.--
2830
(1) The Division of Florida Land Sales, Condominiums,
2831
Timeshares, and Mobile Homes of the Department of Business and
2832
Professional Regulation, referred to as the "division" in this
2833
part, in addition to other powers and duties prescribed by
2834
chapter 718 498, has the power to enforce and ensure compliance
2835
with the provisions of this chapter and adopted rules promulgated
2836
pursuant hereto relating to the development, construction, sale,
2837
lease, ownership, operation, and management of residential
2838
cooperative units. In performing its duties, the division shall
2839
have the following powers and duties:
2840
(a) The division may make necessary public or private
2841
investigations within or outside this state to determine whether
2842
any person has violated this chapter or any rule or order
2843
hereunder, to aid in the enforcement of this chapter, or to aid
2844
in the adoption of rules or forms hereunder.
2845
(b) The division may require or permit any person to file a
2846
statement in writing, under oath or otherwise, as the division
2847
determines, as to the facts and circumstances concerning a matter
2848
to be investigated.
2849
(c) For the purpose of any investigation under this
2850
chapter, the division director or any officer or employee
2851
designated by the division director may administer oaths or
2852
affirmations, subpoena witnesses and compel their attendance,
2853
take evidence, and require the production of any matter which is
2854
relevant to the investigation, including the existence,
2855
description, nature, custody, condition, and location of any
2856
books, documents, or other tangible things and the identity and
2857
location of persons having knowledge of relevant facts or any
2858
other matter reasonably calculated to lead to the discovery of
2859
material evidence. Upon failure by a person to obey a subpoena or
2860
to answer questions propounded by the investigating officer and
2861
upon reasonable notice to all persons affected thereby, the
2862
division may apply to the circuit court for an order compelling
2863
compliance.
2864
(d) Notwithstanding any remedies available to unit owners
2865
and associations, if the division has reasonable cause to believe
2866
that a violation of any provision of this chapter or related rule
2867
promulgated pursuant hereto has occurred, the division may
2868
institute enforcement proceedings in its own name against a
2869
developer, association, officer, or member of the board, or its
2870
assignees or agents, as follows:
2871
1. The division may permit a person whose conduct or
2872
actions may be under investigation to waive formal proceedings
2873
and enter into a consent proceeding whereby orders, rules, or
2874
letters of censure or warning, whether formal or informal, may be
2875
entered against the person.
2876
2. The division may issue an order requiring the developer,
2877
association, officer, or member of the board, or its assignees or
2878
agents, to cease and desist from the unlawful practice and take
2879
such affirmative action as in the judgment of the division will
2880
carry out the purposes of this chapter. Such affirmative action
2881
may include, but is not limited to, an order requiring a
2882
developer to pay moneys determined to be owed to a condominium
2883
association.
2884
3. The division may bring an action in circuit court on
2885
behalf of a class of unit owners, lessees, or purchasers for
2886
declaratory relief, injunctive relief, or restitution.
2887
4. The division may impose a civil penalty against a
2888
developer or association, or its assignees or agents, for any
2889
violation of this chapter or related a rule promulgated pursuant
2890
hereto. The division may impose a civil penalty individually
2891
against any officer or board member who willfully and knowingly
2892
violates a provision of this chapter, a rule adopted pursuant to
2893
this chapter, or a final order of the division. The term
2894
"willfully and knowingly" means that the division informed the
2895
officer or board member that his or her action or intended action
2896
violates this chapter, a rule adopted under this chapter, or a
2897
final order of the division, and that the officer or board member
2898
refused to comply with the requirements of this chapter, a rule
2899
adopted under this chapter, or a final order of the division. The
2900
division, prior to initiating formal agency action under chapter
2901
120, shall afford the officer or board member an opportunity to
2902
voluntarily comply with this chapter, a rule adopted under this
2903
chapter, or a final order of the division. An officer or board
2904
member who complies within 10 days is not subject to a civil
2905
penalty. A penalty may be imposed on the basis of each day of
2906
continuing violation, but in no event shall the penalty for any
2907
offense exceed $5,000. By January 1, 1998, the division shall
2908
adopt, by rule, penalty guidelines applicable to possible
2909
violations or to categories of violations of this chapter or
2910
rules adopted by the division. The guidelines must specify a
2911
meaningful range of civil penalties for each such violation of
2912
the statute and rules and must be based upon the harm caused by
2913
the violation, the repetition of the violation, and upon such
2914
other factors deemed relevant by the division. For example, the
2915
division may consider whether the violations were committed by a
2916
developer or owner-controlled association, the size of the
2917
association, and other factors. The guidelines must designate the
2918
possible mitigating or aggravating circumstances that justify a
2919
departure from the range of penalties provided by the rules. It
2920
is the legislative intent that minor violations be distinguished
2921
from those which endanger the health, safety, or welfare of the
2922
cooperative residents or other persons and that such guidelines
2923
provide reasonable and meaningful notice to the public of likely
2924
penalties that may be imposed for proscribed conduct. This
2925
subsection does not limit the ability of the division to
2926
informally dispose of administrative actions or complaints by
2927
stipulation, agreed settlement, or consent order. All amounts
2928
collected shall be deposited with the Chief Financial Officer to
2929
the credit of the Division of Florida Land Sales, Condominiums,
2930
Timeshares, and Mobile Homes Trust Fund. If a developer fails to
2931
pay the civil penalty, the division shall thereupon issue an
2932
order directing that such developer cease and desist from further
2933
operation until such time as the civil penalty is paid or may
2934
pursue enforcement of the penalty in a court of competent
2935
jurisdiction. If an association fails to pay the civil penalty,
2936
the division shall thereupon pursue enforcement in a court of
2937
competent jurisdiction, and the order imposing the civil penalty
2938
or the cease and desist order shall not become effective until 20
2939
days after the date of such order. Any action commenced by the
2940
division shall be brought in the county in which the division has
2941
its executive offices or in the county where the violation
2942
occurred.
2943
(e) The division may is authorized to prepare and
2944
disseminate a prospectus and other information to assist
2945
prospective owners, purchasers, lessees, and developers of
2946
residential cooperatives in assessing the rights, privileges, and
2947
duties pertaining thereto.
2948
(f) The division has authority to adopt rules pursuant to
2950
of this chapter.
2951
(g) The division shall establish procedures for providing
2952
notice to an association when the division is considering the
2953
issuance of a declaratory statement with respect to the
2954
cooperative documents governing such cooperative community.
2955
(h) The division shall furnish each association which pays
2956
the fees required by paragraph (2)(a) a copy of this act,
2957
subsequent changes to this act on an annual basis, an amended
2958
version of this act as it becomes available from the Secretary of
2959
State's office on a biennial basis, and the rules adopted
2960
promulgated pursuant thereto on an annual basis.
2961
(i) The division shall annually provide each association
2962
with a summary of declaratory statements and formal legal
2963
opinions relating to the operations of cooperatives which were
2964
rendered by the division during the previous year.
2965
(j) The division shall adopt uniform accounting principles,
2966
policies, and standards to be used by all associations in the
2967
preparation and presentation of all financial statements required
2968
by this chapter. The principles, policies, and standards shall
2969
take into consideration the size of the association and the total
2970
revenue collected by the association.
2971
(k) The division shall provide training programs for
2972
cooperative association board members and unit owners.
2973
(l) The division shall maintain a toll-free telephone
2974
number accessible to cooperative unit owners.
2975
(m) When a complaint is made to the division, the division
2976
shall conduct its inquiry with reasonable dispatch and with due
2977
regard to the interests of the affected parties. Within 30 days
2978
after receipt of a complaint, the division shall acknowledge the
2979
complaint in writing and notify the complainant whether the
2980
complaint is within the jurisdiction of the division and whether
2981
additional information is needed by the division from the
2982
complainant. The division shall conduct its investigation and
2983
shall, within 90 days after receipt of the original complaint or
2984
timely requested additional information, take action upon the
2985
complaint. However, the failure to complete the investigation
2986
within 90 days does not prevent the division from continuing the
2987
investigation, accepting or considering evidence obtained or
2988
received after 90 days, or taking administrative action if
2989
reasonable cause exists to believe that a violation of this
2990
chapter or a rule of the division has occurred. If an
2991
investigation is not completed within the time limits established
2992
in this paragraph, the division shall, on a monthly basis, notify
2993
the complainant in writing of the status of the investigation.
2994
When reporting its action to the complainant, the division shall
2995
inform the complainant of any right to a hearing pursuant to ss.
2997
(n) The division shall develop a program to certify both
2998
volunteer and paid mediators to provide mediation of cooperative
2999
disputes. The division shall provide, upon request, a list of
3000
such mediators to any association, unit owner, or other
3001
participant in arbitration proceedings under s. 718.1255
3002
requesting a copy of the list. The division shall include on the
3003
list of voluntary mediators only persons who have received at
3004
least 20 hours of training in mediation techniques or have
3005
mediated at least 20 disputes. In order to become initially
3006
certified by the division, paid mediators must be certified by
3007
the Supreme Court to mediate court cases in either county or
3008
circuit courts. However, the division may adopt, by rule,
3009
additional factors for the certification of paid mediators, which
3010
factors must be related to experience, education, or background.
3011
Any person initially certified as a paid mediator by the division
3012
must, in order to continue to be certified, comply with the
3013
factors or requirements imposed by rules adopted by the division.
3014
(2)(a) Each cooperative association shall pay to the
3015
division, on or before January 1 of each year, an annual fee in
3016
the amount of $4 for each residential unit in cooperatives
3017
operated by the association. If the fee is not paid by March 1,
3018
then the association shall be assessed a penalty of 10 percent of
3019
the amount due, and the association shall not have the standing
3020
to maintain or defend any action in the courts of this state
3021
until the amount due is paid.
3022
(b) All fees shall be deposited in the Division of Florida
3023
Land Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund
3024
as provided by law.
3025
Section 55. Paragraph (a) of subsection (2) of section
3026
719.502, Florida Statutes, is amended to read:
3027
719.502 Filing prior to sale or lease.--
3028
(2)(a) Prior to filing as required by subsection (1), and
3029
prior to acquiring an ownership, leasehold, or contractual
3030
interest in the land upon which the cooperative is to be
3031
developed, a developer shall not offer a contract for purchase or
3032
lease of a unit for more than 5 years. However, the developer may
3033
accept deposits for reservations upon the approval of a fully
3034
executed escrow agreement and reservation agreement form properly
3035
filed with the Division of Florida Land Sales, Condominiums,
3036
Timeshares, and Mobile Homes. Each filing of a proposed
3037
reservation program shall be accompanied by a filing fee of $250.
3038
Reservations shall not be taken on a proposed cooperative unless
3039
the developer has an ownership, leasehold, or contractual
3040
interest in the land upon which the cooperative is to be
3041
developed. The division shall notify the developer within 20 days
3042
of receipt of the reservation filing of any deficiencies
3043
contained therein. Such notification shall not preclude the
3044
determination of reservation filing deficiencies at a later date,
3045
nor shall it relieve the developer of any responsibility under
3046
the law. The escrow agreement and the reservation agreement form
3047
shall include a statement of the right of the prospective
3048
purchaser to an immediate unqualified refund of the reservation
3049
deposit moneys upon written request to the escrow agent by the
3050
prospective purchaser or the developer.
3051
Section 56. Section 719.504, Florida Statutes, is amended
3052
to read:
3053
719.504 Prospectus or offering circular.--Every developer
3054
of a residential cooperative which contains more than 20
3055
residential units, or which is part of a group of residential
3056
cooperatives which will be served by property to be used in
3057
common by unit owners of more than 20 residential units, shall
3058
prepare a prospectus or offering circular and file it with the
3059
Division of Florida Land Sales, Condominiums, Timeshares, and
3060
Mobile Homes prior to entering into an enforceable contract of
3061
purchase and sale of any unit or lease of a unit for more than 5
3062
years and shall furnish a copy of the prospectus or offering
3063
circular to each buyer. In addition to the prospectus or offering
3064
circular, each buyer shall be furnished a separate page entitled
3065
"Frequently Asked Questions and Answers," which must be in
3066
accordance with a format approved by the division. This page
3067
must, in readable language: inform prospective purchasers
3068
regarding their voting rights and unit use restrictions,
3069
including restrictions on the leasing of a unit; indicate whether
3070
and in what amount the unit owners or the association is
3071
obligated to pay rent or land use fees for recreational or other
3072
commonly used facilities; contain a statement identifying that
3073
amount of assessment which, pursuant to the budget, would be
3074
levied upon each unit type, exclusive of any special assessments,
3075
and which identifies the basis upon which assessments are levied,
3076
whether monthly, quarterly, or otherwise; state and identify any
3077
court cases in which the association is currently a party of
3078
record in which the association may face liability in excess of
3079
$100,000; and state whether membership in a recreational
3080
facilities association is mandatory and, if so, identify the fees
3081
currently charged per unit type. The division shall by rule
3082
require such other disclosure as in its judgment will assist
3083
prospective purchasers. The prospectus or offering circular may
3084
include more than one cooperative, although not all such units
3085
are being offered for sale as of the date of the prospectus or
3086
offering circular. The prospectus or offering circular must
3087
contain the following information:
3088
(1) The front cover or the first page must contain only:
3089
(a) The name of the cooperative.
3090
(b) The following statements in conspicuous type:
3091
1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
3092
MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
3093
2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
3094
NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
3095
ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.
3096
3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
3097
STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
3098
PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
3099
REPRESENTATIONS.
3100
(2) Summary: The next page must contain all statements
3101
required to be in conspicuous type in the prospectus or offering
3102
circular.
3103
(3) A separate index of the contents and exhibits of the
3104
prospectus.
3105
(4) Beginning on the first page of the text (not including
3106
the summary and index), a description of the cooperative,
3107
including, but not limited to, the following information:
3108
(a) Its name and location.
3109
(b) A description of the cooperative property, including,
3110
without limitation:
3111
1. The number of buildings, the number of units in each
3112
building, the number of bathrooms and bedrooms in each unit, and
3113
the total number of units, if the cooperative is not a phase
3114
cooperative; or, if the cooperative is a phase cooperative, the
3115
maximum number of buildings that may be contained within the
3116
cooperative, the minimum and maximum number of units in each
3117
building, the minimum and maximum number of bathrooms and
3118
bedrooms that may be contained in each unit, and the maximum
3119
number of units that may be contained within the cooperative.
3120
2. The page in the cooperative documents where a copy of
3121
the survey and plot plan of the cooperative is located.
3122
3. The estimated latest date of completion of constructing,
3123
finishing, and equipping. In lieu of a date, a statement that the
3124
estimated date of completion of the cooperative is in the
3125
purchase agreement and a reference to the article or paragraph
3126
containing that information.
3127
(c) The maximum number of units that will use facilities in
3128
common with the cooperative. If the maximum number of units will
3129
vary, a description of the basis for variation and the minimum
3130
amount of dollars per unit to be spent for additional
3131
recreational facilities or enlargement of such facilities. If the
3132
addition or enlargement of facilities will result in a material
3133
increase of a unit owner's maintenance expense or rental expense,
3134
if any, the maximum increase and limitations thereon shall be
3135
stated.
3136
(5)(a) A statement in conspicuous type describing whether
3137
the cooperative is created and being sold as fee simple interests
3138
or as leasehold interests. If the cooperative is created or being
3139
sold on a leasehold, the location of the lease in the disclosure
3140
materials shall be stated.
3141
(b) If timeshare estates are or may be created with respect
3142
to any unit in the cooperative, a statement in conspicuous type
3143
stating that timeshare estates are created and being sold in such
3144
specified units in the cooperative.
3145
(6) A description of the recreational and other common
3146
areas that will be used only by unit owners of the cooperative,
3147
including, but not limited to, the following:
3148
(a) Each room and its intended purposes, location,
3149
approximate floor area, and capacity in numbers of people.
3150
(b) Each swimming pool, as to its general location,
3151
approximate size and depths, approximate deck size and capacity,
3152
and whether heated.
3153
(c) Additional facilities, as to the number of each
3154
facility, its approximate location, approximate size, and
3155
approximate capacity.
3156
(d) A general description of the items of personal property
3157
and the approximate number of each item of personal property that
3158
the developer is committing to furnish for each room or other
3159
facility or, in the alternative, a representation as to the
3160
minimum amount of expenditure that will be made to purchase the
3161
personal property for the facility.
3162
(e) The estimated date when each room or other facility
3163
will be available for use by the unit owners.
3164
(f)1. An identification of each room or other facility to
3165
be used by unit owners that will not be owned by the unit owners
3166
or the association;
3167
2. A reference to the location in the disclosure materials
3168
of the lease or other agreements providing for the use of those
3169
facilities; and
3170
3. A description of the terms of the lease or other
3171
agreements, including the length of the term; the rent payable,
3172
directly or indirectly, by each unit owner, and the total rent
3173
payable to the lessor, stated in monthly and annual amounts for
3174
the entire term of the lease; and a description of any option to
3175
purchase the property leased under any such lease, including the
3176
time the option may be exercised, the purchase price or how it is
3177
to be determined, the manner of payment, and whether the option
3178
may be exercised for a unit owner's share or only as to the
3179
entire leased property.
3180
(g) A statement as to whether the developer may provide
3181
additional facilities not described above, their general
3182
locations and types, improvements or changes that may be made,
3183
the approximate dollar amount to be expended, and the maximum
3184
additional common expense or cost to the individual unit owners
3185
that may be charged during the first annual period of operation
3186
of the modified or added facilities.
3187
3188
Descriptions as to locations, areas, capacities, numbers,
3189
volumes, or sizes may be stated as approximations or minimums.
3190
(7) A description of the recreational and other facilities
3191
that will be used in common with other cooperatives, community
3192
associations, or planned developments which require the payment
3193
of the maintenance and expenses of such facilities, either
3194
directly or indirectly, by the unit owners. The description shall
3195
include, but not be limited to, the following:
3196
(a) Each building and facility committed to be built.
3197
(b) Facilities not committed to be built except under
3198
certain conditions, and a statement of those conditions or
3199
contingencies.
3200
(c) As to each facility committed to be built, or which
3201
will be committed to be built upon the happening of one of the
3202
conditions in paragraph (b), a statement of whether it will be
3203
owned by the unit owners having the use thereof or by an
3204
association or other entity which will be controlled by them, or
3205
others, and the location in the exhibits of the lease or other
3206
document providing for use of those facilities.
3207
(d) The year in which each facility will be available for
3208
use by the unit owners or, in the alternative, the maximum number
3209
of unit owners in the project at the time each of all of the
3210
facilities is committed to be completed.
3211
(e) A general description of the items of personal
3212
property, and the approximate number of each item of personal
3213
property, that the developer is committing to furnish for each
3214
room or other facility or, in the alternative, a representation
3215
as to the minimum amount of expenditure that will be made to
3216
purchase the personal property for the facility.
3217
(f) If there are leases, a description thereof, including
3218
the length of the term, the rent payable, and a description of
3219
any option to purchase.
3220
3221
Descriptions shall include location, areas, capacities, numbers,
3222
volumes, or sizes and may be stated as approximations or
3223
minimums.
3224
(8) Recreation lease or associated club membership:
3225
(a) If any recreational facilities or other common areas
3226
offered by the developer and available to, or to be used by, unit
3227
owners are to be leased or have club membership associated, the
3228
following statement in conspicuous type shall be included: THERE
3229
IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
3230
COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
3231
COOPERATIVE. There shall be a reference to the location in the
3232
disclosure materials where the recreation lease or club
3233
membership is described in detail.
3234
(b) If it is mandatory that unit owners pay a fee, rent,
3235
dues, or other charges under a recreational facilities lease or
3236
club membership for the use of facilities, there shall be in
3237
conspicuous type the applicable statement:
3238
1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
3239
MANDATORY FOR UNIT OWNERS; or
3240
2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
3241
TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3242
3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS
3243
AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,
3244
RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE
3245
OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
3246
4. A similar statement of the nature of the organization or
3247
manner in which the use rights are created, and that unit owners
3248
are required to pay.
3249
3250
Immediately following the applicable statement, the location in
3251
the disclosure materials where the development is described in
3252
detail shall be stated.
3253
(c) If the developer, or any other person other than the
3254
unit owners and other persons having use rights in the
3255
facilities, reserves, or is entitled to receive, any rent, fee,
3256
or other payment for the use of the facilities, then there shall
3257
be the following statement in conspicuous type: THE UNIT OWNERS
3258
OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
3259
RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
3260
statement, the location in the disclosure materials where the
3261
rent or land use fees are described in detail shall be stated.
3262
(d) If, in any recreation format, whether leasehold, club,
3263
or other, any person other than the association has the right to
3264
a lien on the units to secure the payment of assessments, rent,
3265
or other exactions, there shall appear a statement in conspicuous
3266
type in substantially the following form:
3267
1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3268
SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
3269
RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE PAYMENTS
3270
MAY RESULT IN FORECLOSURE OF THE LIEN; or
3271
2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3272
SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
3273
FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
3274
OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
3275
PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
3276
3277
Immediately following the applicable statement, the location in
3278
the disclosure materials where the lien or lien right is
3279
described in detail shall be stated.
3280
(9) If the developer or any other person has the right to
3281
increase or add to the recreational facilities at any time after
3282
the establishment of the cooperative whose unit owners have use
3283
rights therein, without the consent of the unit owners or
3284
associations being required, there shall appear a statement in
3285
conspicuous type in substantially the following form:
3286
RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
3287
OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
3288
statement, the location in the disclosure materials where such
3289
reserved rights are described shall be stated.
3290
(10) A statement of whether the developer's plan includes a
3291
program of leasing units rather than selling them, or leasing
3292
units and selling them subject to such leases. If so, there shall
3293
be a description of the plan, including the number and
3294
identification of the units and the provisions and term of the
3295
proposed leases, and a statement in boldfaced type that: THE
3296
UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
3297
(11) The arrangements for management of the association and
3298
maintenance and operation of the cooperative property and of
3299
other property that will serve the unit owners of the cooperative
3300
property, and a description of the management contract and all
3301
other contracts for these purposes having a term in excess of 1
3302
year, including the following:
3303
(a) The names of contracting parties.
3304
(b) The term of the contract.
3305
(c) The nature of the services included.
3306
(d) The compensation, stated on a monthly and annual basis,
3307
and provisions for increases in the compensation.
3308
(e) A reference to the volumes and pages of the cooperative
3309
documents and of the exhibits containing copies of such
3310
contracts.
3311
3312
Copies of all described contracts shall be attached as exhibits.
3313
If there is a contract for the management of the cooperative
3314
property, then a statement in conspicuous type in substantially
3315
the following form shall appear, identifying the proposed or
3316
existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR THE
3317
MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE CONTRACT
3318
MANAGER). Immediately following this statement, the location in
3319
the disclosure materials of the contract for management of the
3320
cooperative property shall be stated.
3321
(12) If the developer or any other person or persons other
3322
than the unit owners has the right to retain control of the board
3323
of administration of the association for a period of time which
3324
can exceed 1 year after the closing of the sale of a majority of
3325
the units in that cooperative to persons other than successors or
3326
alternate developers, then a statement in conspicuous type in
3327
substantially the following form shall be included: THE DEVELOPER
3328
(OR OTHER PERSON) HAS THE RIGHT TO RETAIN CONTROL OF THE
3329
ASSOCIATION AFTER A MAJORITY OF THE UNITS HAVE BEEN SOLD.
3330
Immediately following this statement, the location in the
3331
disclosure materials where this right to control is described in
3332
detail shall be stated.
3333
(13) If there are any restrictions upon the sale, transfer,
3334
conveyance, or leasing of a unit, then a statement in conspicuous
3335
type in substantially the following form shall be included: THE
3336
SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR CONTROLLED.
3337
Immediately following this statement, the location in the
3338
disclosure materials where the restriction, limitation, or
3339
control on the sale, lease, or transfer of units is described in
3340
detail shall be stated.
3341
(14) If the cooperative is part of a phase project, the
3342
following shall be stated:
3343
(a) A statement in conspicuous type in substantially the
3344
following form shall be included: THIS IS A PHASE COOPERATIVE.
3345
ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
3346
Immediately following this statement, the location in the
3347
disclosure materials where the phasing is described shall be
3348
stated.
3349
(b) A summary of the provisions of the declaration
3350
providing for the phasing.
3351
(c) A statement as to whether or not residential buildings
3352
and units which are added to the cooperative may be substantially
3353
different from the residential buildings and units originally in
3354
the cooperative, and, if the added residential buildings and
3355
units may be substantially different, there shall be a general
3356
description of the extent to which such added residential
3357
buildings and units may differ, and a statement in conspicuous
3358
type in substantially the following form shall be included:
3359
BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE MAY BE
3360
SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND UNITS IN THE
3361
COOPERATIVE. Immediately following this statement, the location
3362
in the disclosure materials where the extent to which added
3363
residential buildings and units may substantially differ is
3364
described shall be stated.
3365
(d) A statement of the maximum number of buildings
3366
containing units, the maximum and minimum number of units in each
3367
building, the maximum number of units, and the minimum and
3368
maximum square footage of the units that may be contained within
3369
each parcel of land which may be added to the cooperative.
3370
(15) If the cooperative is created by conversion of
3371
existing improvements, the following information shall be stated:
3372
(a) The information required by s. 719.616.
3373
(b) A caveat that there are no express warranties unless
3374
they are stated in writing by the developer.
3375
(16) A summary of the restrictions, if any, to be imposed
3376
on units concerning the use of any of the cooperative property,
3377
including statements as to whether there are restrictions upon
3378
children and pets, and reference to the volumes and pages of the
3379
cooperative documents where such restrictions are found, or if
3380
such restrictions are contained elsewhere, then a copy of the
3381
documents containing the restrictions shall be attached as an
3382
exhibit.
3383
(17) If there is any land that is offered by the developer
3384
for use by the unit owners and that is neither owned by them nor
3385
leased to them, the association, or any entity controlled by unit
3386
owners and other persons having the use rights to such land, a
3387
statement shall be made as to how such land will serve the
3388
cooperative. If any part of such land will serve the cooperative,
3389
the statement shall describe the land and the nature and term of
3390
service, and the cooperative documents or other instrument
3391
creating such servitude shall be included as an exhibit.
3392
(18) The manner in which utility and other services,
3393
including, but not limited to, sewage and waste disposal, water
3394
supply, and storm drainage, will be provided and the person or
3395
entity furnishing them.
3396
(19) An explanation of the manner in which the
3397
apportionment of common expenses and ownership of the common
3398
areas have been determined.
3399
(20) An estimated operating budget for the cooperative and
3400
the association, and a schedule of the unit owner's expenses
3401
shall be attached as an exhibit and shall contain the following
3402
information:
3403
(a) The estimated monthly and annual expenses of the
3404
cooperative and the association that are collected from unit
3405
owners by assessments.
3406
(b) The estimated monthly and annual expenses of each unit
3407
owner for a unit, other than assessments payable to the
3408
association, payable by the unit owner to persons or entities
3409
other than the association, and the total estimated monthly and
3410
annual expense. There may be excluded from this estimate expenses
3411
that are personal to unit owners, which are not uniformly
3412
incurred by all unit owners, or which are not provided for or
3413
contemplated by the cooperative documents, including, but not
3414
limited to, the costs of private telephone; maintenance of the
3415
interior of cooperative units, which is not the obligation of the
3416
association; maid or janitorial services privately contracted for
3417
by the unit owners; utility bills billed directly to each unit
3418
owner for utility services to his or her unit; insurance premiums
3419
other than those incurred for policies obtained by the
3420
cooperative; and similar personal expenses of the unit owner. A
3421
unit owner's estimated payments for assessments shall also be
3422
stated in the estimated amounts for the times when they will be
3423
due.
3424
(c) The estimated items of expenses of the cooperative and
3425
the association, except as excluded under paragraph (b),
3426
including, but not limited to, the following items, which shall
3427
be stated either as an association expense collectible by
3428
assessments or as unit owners' expenses payable to persons other
3429
than the association:
3430
1. Expenses for the association and cooperative:
3431
a. Administration of the association.
3432
b. Management fees.
3433
c. Maintenance.
3434
d. Rent for recreational and other commonly used areas.
3435
e. Taxes upon association property.
3436
f. Taxes upon leased areas.
3437
g. Insurance.
3438
h. Security provisions.
3439
i. Other expenses.
3440
j. Operating capital.
3441
k. Reserves.
3442
l. Fee payable to the division.
3443
2. Expenses for a unit owner:
3444
a. Rent for the unit, if subject to a lease.
3445
b. Rent payable by the unit owner directly to the lessor or
3446
agent under any recreational lease or lease for the use of
3447
commonly used areas, which use and payment are a mandatory
3448
condition of ownership and are not included in the common expense
3449
or assessments for common maintenance paid by the unit owners to
3450
the association.
3451
(d) The following statement in conspicuous type: THE BUDGET
3452
CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3453
ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3454
ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3455
FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3456
ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3457
CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
3458
OFFERING.
3459
(e) Each budget for an association prepared by a developer
3460
consistent with this subsection shall be prepared in good faith
3461
and shall reflect accurate estimated amounts for the required
3462
items in paragraph (c) at the time of the filing of the offering
3463
circular with the division, and subsequent increased amounts of
3464
any item included in the association's estimated budget that are
3465
beyond the control of the developer shall not be considered an
3466
amendment that would give rise to rescission rights set forth in
3467
s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3468
or otherwise affect any guarantee of the developer contained in
3469
the offering circular or any purchase contract. It is the intent
3470
of this paragraph to clarify existing law.
3471
(f) The estimated amounts shall be stated for a period of
3472
at least 12 months and may distinguish between the period prior
3473
to the time unit owners other than the developer elect a majority
3474
of the board of administration and the period after that date.
3475
(21) A schedule of estimated closing expenses to be paid by
3476
a buyer or lessee of a unit and a statement of whether title
3477
opinion or title insurance policy is available to the buyer and,
3478
if so, at whose expense.
3479
(22) The identity of the developer and the chief operating
3480
officer or principal directing the creation and sale of the
3481
cooperative and a statement of its and his or her experience in
3482
this field.
3483
(23) Copies of the following, to the extent they are
3484
applicable, shall be included as exhibits:
3485
(a) The cooperative documents, or the proposed cooperative
3486
documents if the documents have not been recorded.
3487
(b) The articles of incorporation creating the association.
3488
(c) The bylaws of the association.
3489
(d) The ground lease or other underlying lease of the
3490
cooperative.
3491
(e) The management agreement and all maintenance and other
3492
contracts for management of the association and operation of the
3493
cooperative and facilities used by the unit owners having a
3494
service term in excess of 1 year.
3495
(f) The estimated operating budget for the cooperative and
3496
the required schedule of unit owners' expenses.
3497
(g) A copy of the floor plan of the unit and the plot plan
3498
showing the location of the residential buildings and the
3499
recreation and other common areas.
3500
(h) The lease of recreational and other facilities that
3501
will be used only by unit owners of the subject cooperative.
3502
(i) The lease of facilities used by owners and others.
3503
(j) The form of unit lease, if the offer is of a leasehold.
3504
(k) A declaration of servitude of properties serving the
3505
cooperative but not owned by unit owners or leased to them or the
3506
association.
3507
(l) The statement of condition of the existing building or
3508
buildings, if the offering is of units in an operation being
3509
converted to cooperative ownership.
3510
(m) The statement of inspection for termite damage and
3511
treatment of the existing improvements, if the cooperative is a
3512
conversion.
3513
(n) The form of agreement for sale or lease of units.
3514
(o) A copy of the agreement for escrow of payments made to
3515
the developer prior to closing.
3516
(p) A copy of the documents containing any restrictions on
3517
use of the property required by subsection (16).
3518
(24) Any prospectus or offering circular complying with the
3519
provisions of former ss. 711.69 and 711.802 may continue to be
3520
used without amendment, or may be amended to comply with the
3521
provisions of this chapter.
3522
(25) A brief narrative description of the location and
3523
effect of all existing and intended easements located or to be
3524
located on the cooperative property other than those in the
3525
declaration.
3526
(26) If the developer is required by state or local
3527
authorities to obtain acceptance or approval of any dock or
3528
marina facility intended to serve the cooperative, a copy of such
3529
acceptance or approval acquired by the time of filing with the
3530
division pursuant to s. 719.502 or a statement that such
3531
acceptance has not been acquired or received.
3532
(27) Evidence demonstrating that the developer has an
3533
ownership, leasehold, or contractual interest in the land upon
3534
which the cooperative is to be developed.
3535
Section 57. Section 719.508, Florida Statutes, is amended
3536
to read:
3537
719.508 Regulation by Division of Hotels and
3538
Restaurants.--In addition to the authority, regulation, or
3539
control exercised by the Division of Florida Land Sales,
3540
Condominiums, Timeshares, and Mobile Homes pursuant to this act
3541
with respect to cooperatives, buildings included in a cooperative
3542
property shall be subject to the authority, regulation, or
3543
control of the Division of Hotels and Restaurants of the
3544
Department of Business and Professional Regulation, to the extent
3545
provided for in chapters 399 and 509.
3546
Section 58. Paragraph (a) of subsection (2) of section
3547
719.608, Florida Statutes, is amended to read:
3548
719.608 Notice of intended conversion; time of delivery;
3549
content.--
3550
(2)(a) Each notice of intended conversion shall be dated
3551
and in writing. The notice shall contain the following statement,
3552
with the phrases of the following statement which appear in upper
3553
case printed in conspicuous type:
3554
3555
These apartments are being converted to cooperative by
3556
(name of developer) , the developer.
3557
1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3558
YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3559
AGREEMENT AS FOLLOWS:
3560
a. If you have continuously been a resident of these
3561
apartments during the last 180 days and your rental agreement
3562
expires during the next 270 days, you may extend your rental
3563
agreement for up to 270 days after the date of this notice.
3564
b. If you have not been a continuous resident of these
3565
apartments for the last 180 days and your rental agreement
3566
expires during the next 180 days, you may extend your rental
3567
agreement for up to 180 days after the date of this notice.
3568
c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3569
MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3570
DATE OF THIS NOTICE.
3571
2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3572
you may extend your rental agreement for up to 45 days after the
3573
date of this notice while you decide whether to extend your
3574
rental agreement as explained above. To do so, you must notify
3575
the developer in writing. You will then have the full 45 days to
3576
decide whether to extend your rental agreement as explained
3577
above.
3578
3. During the extension of your rental agreement you will
3579
be charged the same rent that you are now paying.
3580
4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3581
OF THE RENTAL AGREEMENT AS FOLLOWS:
3582
a. If your rental agreement began or was extended or
3583
renewed after May 1, 1980, and your rental agreement, including
3584
extensions and renewals, has an unexpired term of 180 days or
3585
less, you may cancel your rental agreement upon 30 days' written
3586
notice and move. Also, upon 30 days' written notice, you may
3587
cancel any extension of the rental agreement.
3588
b. If your rental agreement was not begun or was not
3589
extended or renewed after May 1, 1980, you may not cancel the
3590
rental agreement without the consent of the developer. If your
3591
rental agreement, including extensions and renewals, has an
3592
unexpired term of 180 days or less, you may, however, upon 30
3593
days' written notice cancel any extension of the rental
3594
agreement.
3595
5. All notices must be given in writing and sent by mail,
3596
return receipt requested, or delivered in person to the developer
3597
at this address: (name and address of developer) .
3598
6. If you have continuously been a resident of these
3599
apartments during the last 180 days:
3600
a. You have the right to purchase your apartment and will
3601
have 45 days to decide whether to purchase. If you do not buy the
3602
unit at that price and the unit is later offered at a lower
3603
price, you will have the opportunity to buy the unit at the lower
3604
price. However, in all events your right to purchase the unit
3605
ends when the rental agreement or any extension of the rental
3606
agreement ends or when you waive this right in writing.
3607
b. Within 90 days you will be provided purchase information
3608
relating to your apartment, including the price of your unit and
3609
the condition of the building. If you do not receive this
3610
information within 90 days, your rental agreement and any
3611
extension will be extended 1 day for each day over 90 days until
3612
you are given the purchase information. If you do not want this
3613
rental agreement extension, you must notify the developer in
3614
writing.
3615
7. If you have any questions regarding this conversion or
3616
the Cooperative Act, you may contact the developer or the state
3617
agency which regulates cooperatives: The Division of Florida Land
3618
Sales, Condominiums, Timeshares, and Mobile Homes, (Tallahassee
3619
address and telephone number of division) .
3620
Section 59. Subsection (7) of section 720.301, Florida
3621
Statutes, is amended to read:
3622
720.301 Definitions.--As used in this chapter, the term:
3623
(7) "Division" means the Division of Florida Land Sales,
3624
Condominiums, Timeshares, and Mobile Homes in the Department of
3625
Business and Professional Regulation.
3626
Section 60. Subsection (2) of section 720.401, Florida
3627
Statutes, is amended to read:
3628
720.401 Prospective purchasers subject to association
3629
membership requirement; disclosure required; covenants;
3630
assessments; contract cancellation.--
3631
(2) This section does not apply to any association
3632
regulated under chapter 718, chapter 719, chapter 721, or chapter
3633
723 or to a subdivider registered under chapter 498; and also
3634
does not apply if disclosure regarding the association is
3635
otherwise made in connection with the requirements of chapter
3636
718, chapter 719, chapter 721, or chapter 723.
3637
Section 61. Paragraph (c) of subsection (1) of section
3638
721.03, Florida Statutes, is amended to read:
3639
721.03 Scope of chapter.--
3640
(1) This chapter applies to all timeshare plans consisting
3641
of more than seven timeshare periods over a period of at least 3
3642
years in which the accommodations and facilities, if any, are
3643
located within this state or offered within this state; provided
3644
that:
3645
(c) All timeshare accommodations or facilities which are
3646
located outside the state but offered for sale in this state
3647
shall be governed by the following:
3648
1. The offering for sale in this state of timeshare
3649
accommodations and facilities located outside the state is
3652
2. The division shall not require a developer of timeshare
3653
accommodations or facilities located outside of this state to
3654
make changes in any timeshare instrument to conform to the
3656
power to require disclosure of those provisions of the timeshare
3658
director determines is necessary to fairly, meaningfully, and
3659
effectively disclose all aspects of the timeshare plan.
3660
3. Except as provided in this subparagraph, the division
3661
shall have no authority to determine whether any person has
3662
complied with another state's laws or to disapprove any filing
3663
out-of-state, timeshare instrument, or component site document,
3664
based solely upon the lack or degree of timeshare regulation in
3665
another state. The division may require a developer to obtain and
3666
provide to the division existing documentation relating to an
3667
out-of-state filing, timeshare instrument, or component site
3668
document and prove compliance of same with the laws of that
3669
state. In this regard, the division may accept any evidence of
3670
the approval or acceptance of any out-of-state filing, timeshare
3671
instrument, or component site document by another state in lieu
3672
of requiring a developer to file the out-of-state filing,
3673
timeshare instrument, or component site document with the
3674
division pursuant to this section, or the division may accept an
3675
opinion letter from an attorney or law firm opining as to the
3676
compliance of such out-of-state filing, timeshare instrument, or
3677
component site document with the laws of another state. The
3678
division may refuse to approve the inclusion of any out-of-state
3679
filing, timeshare instrument, or component site document as part
3680
of a public offering statement based upon the inability of the
3681
developer to establish the compliance of same with the laws of
3682
another state.
3683
4. The division is authorized to enter into an agreement
3684
with another state for the purpose of facilitating the processing
3685
of out-of-state timeshare instruments or other component site
3686
documents pursuant to this chapter and for the purpose of
3687
facilitating the referral of consumer complaints to the
3688
appropriate state.
3689
5. Notwithstanding any other provision of this paragraph,
3690
the offer, in this state, of an additional interest to existing
3691
purchasers in the same timeshare plan, the same nonspecific
3692
multisite timeshare plan, or the same component site of a
3693
multisite timeshare plan with accommodations and facilities
3694
located outside of this state shall not be subject to the
3695
provisions of this chapter if the offer complies with the
3696
provisions of s. 721.11(4).
3697
Section 62. Subsection (11) of section 721.05, Florida
3698
Statutes, is amended to read:
3699
721.05 Definitions.--As used in this chapter, the term:
3700
(11) "Division" means the Division of Florida Land Sales,
3701
Condominiums, Timeshares, and Mobile Homes of the Department of
3702
Business and Professional Regulation.
3703
Section 63. Paragraph (d) of subsection (2) of section
3704
721.07, Florida Statutes, is amended to read:
3705
721.07 Public offering statement.--Prior to offering any
3706
timeshare plan, the developer must submit a filed public offering
3707
statement to the division for approval as prescribed by s.
3709
such filing, any contract regarding the sale of that timeshare
3710
plan is subject to cancellation by the purchaser pursuant to s.
3711
3712
(2)
3713
(d) A developer shall have the authority to deliver to
3714
purchasers any purchaser public offering statement that is not
3715
yet approved by the division, provided that the following shall
3716
apply:
3717
1. At the time the developer delivers an unapproved
3718
purchaser public offering statement to a purchaser pursuant to
3719
this paragraph, the developer shall deliver a fully completed and
3720
executed copy of the purchase contract required by s. 721.06 that
3721
contains the following statement in conspicuous type in
3722
substantially the following form which shall replace the
3723
statements required by s. 721.06(1)(g):
3724
3725
The developer is delivering to you a public offering statement
3726
that has been filed with but not yet approved by the Division of
3727
Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3728
Any revisions to the unapproved public offering statement you
3729
have received must be delivered to you, but only if the revisions
3730
materially alter or modify the offering in a manner adverse to
3731
you. After the division approves the public offering statement,
3732
you will receive notice of the approval from the developer and
3733
the required revisions, if any.
3734
3735
Your statutory right to cancel this transaction without any
3736
penalty or obligation expires 10 calendar days after the date you
3737
signed your purchase contract or the date on which you receive
3738
the last of all documents required to be given to you pursuant to
3739
section 721.07(6), Florida Statutes, or 10 calendar days after
3740
you receive revisions required to be delivered to you, if any,
3741
whichever is later. If you decide to cancel this contract, you
3742
must notify the seller in writing of your intent to cancel. Your
3743
notice of cancellation shall be effective upon the date sent and
3744
shall be sent to (Name of Seller) at (Address of Seller) .
3745
Any attempt to obtain a waiver of your cancellation right is void
3746
and of no effect. While you may execute all closing documents in
3747
advance, the closing, as evidenced by delivery of the deed or
3748
other document, before expiration of your 10-day cancellation
3749
period, is prohibited.
3750
3751
2. After receipt of approval from the division and prior to
3752
closing, if any revisions made to the documents contained in the
3753
purchaser public offering statement materially alter or modify
3754
the offering in a manner adverse to a purchaser, the developer
3755
shall send the purchaser such revisions together with a notice
3756
containing a statement in conspicuous type in substantially the
3757
following form:
3758
3759
The unapproved public offering statement previously delivered to
3760
you, together with the enclosed revisions, has been approved by
3761
the Division of Florida Land Sales, Condominiums, Timeshares, and
3762
Mobile Homes. Accordingly, your cancellation right expires 10
3763
calendar days after you sign your purchase contract or 10
3764
calendar days after you receive these revisions, whichever is
3765
later. If you have any questions regarding your cancellation
3766
rights, you may contact the division at [insert division's
3767
current address].
3768
3769
3. After receipt of approval from the division and prior to
3770
closing, if no revisions have been made to the documents
3771
contained in the unapproved purchaser public offering statement,
3772
or if such revisions do not materially alter or modify the
3773
offering in a manner adverse to a purchaser, the developer shall
3774
send the purchaser a notice containing a statement in conspicuous
3775
type in substantially the following form:
3776
3777
The unapproved public offering statement previously delivered to
3778
you has been approved by the Division of Florida Land Sales,
3779
Condominiums, Timeshares, and Mobile Homes. Revisions made to the
3780
unapproved public offering statement, if any, are either not
3781
required to be delivered to you or are not deemed by the
3782
developer, in its opinion, to materially alter or modify the
3783
offering in a manner that is adverse to you. Accordingly, your
3784
cancellation right expired 10 days after you signed your purchase
3785
contract. A complete copy of the approved public offering
3786
statement is available through the managing entity for inspection
3787
as part of the books and records of the plan. If you have any
3788
questions regarding your cancellation rights, you may contact the
3789
division at [insert division's current address].
3790
Section 64. Subsection (8) of section 721.08, Florida
3791
Statutes, is amended to read:
3792
721.08 Escrow accounts; nondisturbance instruments;
3793
alternate security arrangements; transfer of legal title.--
3794
(8) An escrow agent holding escrowed funds pursuant to this
3795
chapter that have not been claimed for a period of 5 years after
3796
the date of deposit shall make at least one reasonable attempt to
3797
deliver such unclaimed funds to the purchaser who submitted such
3798
funds to escrow. In making such attempt, an escrow agent is
3799
entitled to rely on a purchaser's last known address as set forth
3800
in the books and records of the escrow agent and is not required
3801
to conduct any further search for the purchaser. If an escrow
3802
agent's attempt to deliver unclaimed funds to any purchaser is
3803
unsuccessful, the escrow agent may deliver such unclaimed funds
3804
to the division and the division shall deposit such unclaimed
3805
funds in the Division of Florida Land Sales, Condominiums,
3806
Timeshares, and Mobile Homes Trust Fund, 30 days after giving
3807
notice in a publication of general circulation in the county in
3808
which the timeshare property containing the purchaser's timeshare
3809
interest is located. The purchaser may claim the same at any time
3810
prior to the delivery of such funds to the division. After
3811
delivery of such funds to the division, the purchaser shall have
3812
no more rights to the unclaimed funds. The escrow agent shall not
3813
be liable for any claims from any party arising out of the escrow
3814
agent's delivery of the unclaimed funds to the division pursuant
3815
to this section.
3816
Section 65. Section 721.26, Florida Statutes, is amended to
3817
read:
3818
721.26 Regulation by division.--The division has the power
3819
to enforce and ensure compliance with the provisions of this
3820
chapter, except for parts III and IV, using the powers provided
3821
in this chapter, as well as the powers prescribed in chapters
3822
498, 718, and 719. In performing its duties, the division shall
3823
have the following powers and duties:
3824
(1) To aid in the enforcement of this chapter, or any
3825
division rule adopted or order promulgated or issued pursuant to
3826
this chapter, the division may make necessary public or private
3827
investigations within or outside this state to determine whether
3828
any person has violated or is about to violate this chapter, or
3829
any division rule adopted or order promulgated or issued pursuant
3830
to this chapter.
3831
(2) The division may require or permit any person to file a
3832
written statement under oath or otherwise, as the division
3833
determines, as to the facts and circumstances concerning a matter
3834
under investigation.
3835
(3) For the purpose of any investigation under this
3836
chapter, the director of the division or any officer or employee
3837
designated by the director may administer oaths or affirmations,
3838
subpoena witnesses and compel their attendance, take evidence,
3839
and require the production of any matter which is relevant to the
3840
investigation, including the identity, existence, description,
3841
nature, custody, condition, and location of any books, documents,
3842
or other tangible things and the identity and location of persons
3843
having knowledge of relevant facts or any other matter reasonably
3844
calculated to lead to the discovery of material evidence. Failure
3845
to obey a subpoena or to answer questions propounded by the
3846
investigating officer and upon reasonable notice to all persons
3847
affected thereby shall be a violation of this chapter. In
3848
addition to the other enforcement powers authorized in this
3849
subsection, the division may, at its discretion, apply to the
3850
circuit court for an order compelling compliance.
3851
(4) The division may prepare and disseminate a prospectus
3852
and other information to assist prospective purchasers, sellers,
3853
and managing entities of timeshare plans in assessing the rights,
3854
privileges, and duties pertaining thereto.
3855
(5) Notwithstanding any remedies available to purchasers,
3856
if the division has reasonable cause to believe that a violation
3857
of this chapter, or of any division rule adopted or order
3858
promulgated or issued pursuant to this chapter, has occurred, the
3859
division may institute enforcement proceedings in its own name
3860
against any regulated party, as such term is defined in this
3861
subsection:
3862
(a)1. "Regulated party," for purposes of this section,
3863
means any developer, exchange company, seller, managing entity,
3864
owners' association, owners' association director, owners'
3865
association officer, manager, management firm, escrow agent,
3866
trustee, any respective assignees or agents, or any other person
3867
having duties or obligations pursuant to this chapter.
3868
2. Any person who materially participates in any offer or
3869
disposition of any interest in, or the management or operation
3870
of, a timeshare plan in violation of this chapter or relevant
3871
rules involving fraud, deception, false pretenses,
3872
misrepresentation, or false advertising or the disbursement,
3873
concealment, or diversion of any funds or assets, which conduct
3874
adversely affects the interests of a purchaser, and which person
3875
directly or indirectly controls a regulated party or is a general
3876
partner, officer, director, agent, or employee of such regulated
3877
party, shall be jointly and severally liable under this
3878
subsection with such regulated party, unless such person did not
3879
know, and in the exercise of reasonable care could not have
3880
known, of the existence of the facts giving rise to the violation
3881
of this chapter. A right of contribution shall exist among
3882
jointly and severally liable persons pursuant to this paragraph.
3883
(b) The division may permit any person whose conduct or
3884
actions may be under investigation to waive formal proceedings
3885
and enter into a consent proceeding whereby an order, rule, or
3886
letter of censure or warning, whether formal or informal, may be
3887
entered against that person.
3888
(c) The division may issue an order requiring a regulated
3889
party to cease and desist from an unlawful practice under this
3890
chapter and take such affirmative action as in the judgment of
3891
the division will carry out the purposes of this chapter.
3892
(d)1. The division may bring an action in circuit court for
3893
declaratory or injunctive relief or for other appropriate relief,
3894
including restitution.
3895
2. The division shall have broad authority and discretion
3896
to petition the circuit court to appoint a receiver with respect
3897
to any managing entity which fails to perform its duties and
3898
obligations under this chapter with respect to the operation of a
3899
timeshare plan. The circumstances giving rise to an appropriate
3900
petition for receivership under this subparagraph include, but
3901
are not limited to:
3902
a. Damage to or destruction of any of the accommodations or
3903
facilities of a timeshare plan, where the managing entity has
3904
failed to repair or reconstruct same.
3905
b. A breach of fiduciary duty by the managing entity,
3906
including, but not limited to, undisclosed self-dealing or
3907
failure to timely assess, collect, or disburse the common
3908
expenses of the timeshare plan.
3909
c. Failure of the managing entity to operate the timeshare
3910
plan in accordance with the timeshare instrument and this
3911
chapter.
3912
3913
If, under the circumstances, it appears that the events giving
3914
rise to the petition for receivership cannot be reasonably and
3915
timely corrected in a cost-effective manner consistent with the
3916
timeshare instrument, the receiver may petition the circuit court
3917
to implement such amendments or revisions to the timeshare
3918
instrument as may be necessary to enable the managing entity to
3919
resume effective operation of the timeshare plan, or to enter an
3920
order terminating the timeshare plan, or to enter such further
3921
orders regarding the disposition of the timeshare property as the
3922
court deems appropriate, including the disposition and sale of
3923
the timeshare property held by the owners' association or the
3924
purchasers. In the event of a receiver's sale, all rights, title,
3925
and interest held by the owners' association or any purchaser
3926
shall be extinguished and title shall vest in the buyer. This
3927
provision applies to timeshare estates, personal property
3928
timeshare interests, and timeshare licenses. All reasonable costs
3929
and fees of the receiver relating to the receivership shall
3930
become common expenses of the timeshare plan upon order of the
3931
court.
3932
3. The division may revoke its approval of any filing for
3933
any timeshare plan for which a petition for receivership has been
3934
filed pursuant to this paragraph.
3935
(e)1. The division may impose a penalty against any
3936
regulated party for a violation of this chapter or any rule
3937
adopted thereunder. A penalty may be imposed on the basis of each
3938
day of continuing violation, but in no event may the penalty for
3939
any offense exceed $10,000. All accounts collected shall be
3940
deposited with the Chief Financial Officer to the credit of the
3941
Division of Florida Land Sales, Condominiums, Timeshares, and
3942
Mobile Homes Trust Fund.
3943
2.a. If a regulated party fails to pay a penalty, the
3944
division shall thereupon issue an order directing that such
3945
regulated party cease and desist from further operation until
3946
such time as the penalty is paid; or the division may pursue
3947
enforcement of the penalty in a court of competent jurisdiction.
3948
b. If an owners' association or managing entity fails to
3949
pay a civil penalty, the division may pursue enforcement in a
3950
court of competent jurisdiction.
3951
(f) In order to permit the regulated party an opportunity
3952
either to appeal such decision administratively or to seek relief
3953
in a court of competent jurisdiction, the order imposing the
3954
penalty or the cease and desist order shall not become effective
3955
until 20 days after the date of such order.
3956
(g) Any action commenced by the division shall be brought
3957
in the county in which the division has its executive offices or
3958
in the county where the violation occurred.
3959
(h) Notice to any regulated party shall be complete when
3960
delivered by United States mail, return receipt requested, to the
3961
party's address currently on file with the division or to such
3962
other address at which the division is able to locate the party.
3963
Every regulated party has an affirmative duty to notify the
3964
division of any change of address at least 5 business days prior
3965
to such change.
3966
(6) The division has authority to adopt rules pursuant to
3968
of this chapter.
3969
(7)(a) The use of any unfair or deceptive act or practice
3970
by any person in connection with the sales or other operations of
3971
an exchange program or timeshare plan is a violation of this
3972
chapter.
3973
(b) Any violation of the Florida Deceptive and Unfair Trade
3974
Practices Act, ss. 501.201 et seq., relating to the creation,
3975
promotion, sale, operation, or management of any timeshare plan
3976
shall also be a violation of this chapter.
3977
(c) The division may is authorized to institute proceedings
3978
against any such person and take any appropriate action
3979
authorized in this section in connection therewith,
3980
notwithstanding any remedies available to purchasers.
3981
(8) The failure of any person to comply with any order of
3982
the division is a violation of this chapter.
3983
Section 66. Section 721.28, Florida Statutes, is amended to
3984
read:
3985
721.28 Division of Florida Land Sales, Condominiums,
3986
Timeshares, and Mobile Homes Trust Fund.--All funds collected by
3987
the division and any amounts paid as fees or penalties under this
3988
chapter shall be deposited in the State Treasury to the credit of
3989
the Division of Florida Land Sales, Condominiums, Timeshares, and
3991
Section 67. Paragraph (c) of subsection (1) of section
3992
721.301, Florida Statutes, is amended to read:
3993
721.301 Florida Timesharing, Vacation Club, and Hospitality
3994
Program.--
3995
(1)
3996
(c) The director may designate funds from the Division of
3997
Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
3998
Trust Fund, not to exceed $50,000 annually, to support the
3999
projects and proposals undertaken pursuant to paragraph (b). All
4000
state trust funds to be expended pursuant to this section must be
4001
matched equally with private moneys and shall comprise no more
4002
than half of the total moneys expended annually.
4003
Section 68. Section 721.50, Florida Statutes, is amended to
4004
read:
4005
721.50 Short title.--This part may be cited as the
4006
"McAllister Act" in recognition and appreciation for the years of
4007
extraordinary and insightful contributions by Mr. Bryan C.
4008
McAllister, Examinations Supervisor of the former, Division of
4009
Florida Land Sales, Condominiums, and Mobile Homes.
4010
Section 69. Subsection (1) of section 723.003, Florida
4011
Statutes, is amended to read:
4012
723.003 Definitions.--As used in this chapter, the
4013
following words and terms have the following meanings unless
4014
clearly indicated otherwise:
4015
(1) The term "division" means the Division of Florida Land
4016
Sales, Condominiums, Timeshares, and Mobile Homes of the
4017
Department of Business and Professional Regulation.
4018
Section 70. Paragraph (e) of subsection (5) of section
4019
723.006, Florida Statutes, is amended to read:
4020
723.006 Powers and duties of division.--In performing its
4021
duties, the division has the following powers and duties:
4022
(5) Notwithstanding any remedies available to mobile home
4023
owners, mobile home park owners, and homeowners' associations, if
4024
the division has reasonable cause to believe that a violation of
4025
any provision of this chapter or related any rule promulgated
4026
pursuant hereto has occurred, the division may institute
4027
enforcement proceedings in its own name against a developer,
4028
mobile home park owner, or homeowners' association, or its
4029
assignee or agent, as follows:
4030
(e)1. The division may impose a civil penalty against a
4031
mobile home park owner or homeowners' association, or its
4032
assignee or agent, for any violation of this chapter, a properly
4033
adopted promulgated park rule or regulation, or a rule adopted or
4034
regulation promulgated pursuant hereto. A penalty may be imposed
4035
on the basis of each separate violation and, if the violation is
4036
a continuing one, for each day of continuing violation, but in no
4037
event may the penalty for each separate violation or for each day
4038
of continuing violation exceed $5,000. All amounts collected
4039
shall be deposited with the Chief Financial Officer to the credit
4040
of the Division of Florida Land Sales, Condominiums, Timeshares,
4041
and Mobile Homes Trust Fund.
4042
2. If a violator fails to pay the civil penalty, the
4043
division shall thereupon issue an order directing that such
4044
violator cease and desist from further violation until such time
4045
as the civil penalty is paid or may pursue enforcement of the
4046
penalty in a court of competent jurisdiction. If a homeowners'
4047
association fails to pay the civil penalty, the division shall
4048
thereupon pursue enforcement in a court of competent
4049
jurisdiction, and the order imposing the civil penalty or the
4050
cease and desist order shall not become effective until 20 days
4051
after the date of such order. Any action commenced by the
4052
division shall be brought in the county in which the division has
4053
its executive offices or in which the violation occurred.
4054
Section 71. Section 723.009, Florida Statutes, is amended
4055
to read:
4056
723.009 Division of Florida Land Sales, Condominiums,
4057
Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
4058
fees, penalties, and fines imposed pursuant to this chapter shall
4059
be deposited into the Division of Florida Land Sales,
4060
Condominiums, Timeshares, and Mobile Homes Trust Fund created by
4062
Legislature pursuant to chapter 216, may be used to defray the
4063
expenses incurred by the division in administering the provisions
4064
of this chapter.
4065
Section 72. Paragraph (c) of subsection (2) of section
4066
723.0611, Florida Statutes, is amended to read:
4067
723.0611 Florida Mobile Home Relocation Corporation.--
4068
(2)
4069
(c) The corporation shall, for purposes of s. 768.28, be
4070
considered an agency of the state. Agents or employees of the
4071
corporation, members of the board of directors of the
4072
corporation, or representatives of the Division of Florida Land
4073
Sales, Condominiums, Timeshares, and Mobile Homes shall be
4074
considered officers, employees, or agents of the state, and
4075
actions against them and the corporation shall be governed by s.
4076
4077
Section 73. Subsection (10) of section 849.094, Florida
4078
Statutes, is amended to read:
4079
849.094 Game promotion in connection with sale of consumer
4080
products or services.--
4081
(10) This section does not apply to actions or transactions
4082
regulated by the Department of Business and Professional
4083
Regulation or to the activities of nonprofit organizations or to
4084
any other organization engaged in any enterprise other than the
4085
sale of consumer products or services. Subsections (3), (4), (5),
4086
(6), and (7) and paragraph (8)(a) and any of the rules made
4087
pursuant thereto do not apply to television or radio broadcasting
4088
companies licensed by the Federal Communications Commission or to
4089
pari-mutuel permitholders licensed to conduct slot machine gaming
4090
under chapter 551 in the conduct of game promotions held at or
4091
directed primarily to patrons of the slot machine licensee's
4092
facility.
4093
Section 74. Except as otherwise expressly provided in this
4094
act, this act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.