Florida Senate - 2008 SB 2284

By Senator Bennett

21-02650-08 20082284__

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A bill to be entitled

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An act relating to homeowners' associations; amending

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s. 373.423, F.S.; requiring that stormwater management

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systems, dams, impoundments, reservoirs, appurtenant

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works, or works be inspected by the water management

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district or the Department of Environmental Protection

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before being dedicated to a homeowners' association;

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requiring that the permittee and the homeowners'

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association president attend the inspection;

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prohibiting the dedication of certain stormwater

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management systems, dams, impoundments, reservoirs,

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appurtenant works, or works to a homeowners'

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association; requiring that the water management

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district or department order immediate compliance by

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the permittee for any noncompliant works; providing

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responsibilities of the district; amending s. 373.426,

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F.S.; providing that certain stormwater management

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systems, dams, impoundments, reservoirs, appurtenant

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works, or works are dedicated to water management

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districts until the applicable title of real estate is

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established or determined; amending s. 720.304, F.S.;

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providing that any parcel owner may display a sign of

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reasonable size in any location on the property

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indicating that the property is for sale; providing

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that such sign may not interfere with or block access

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to any common areas or easements located on or passing

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through that property; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (4) is added to section 373.423,

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Florida Statutes, to read:

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     373.423  Inspection.--

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     (4) Before the dedication of any stormwater management

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system, dam, impoundment, reservoir, appurtenant work, or works

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to a homeowners' association, the executive director of the water

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management district or the Department of Environmental Protection

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shall conduct an inspection for compliance with applicable laws

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and rules in the presence of the permittee and the presiding or

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interim president of the homeowners' association. The water

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management district or department shall order immediate

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compliance by the permittee for any noncompliant stormwater

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management system, dam, impoundment, reservoir, appurtenant work,

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or works. The district is responsible for compliance of any

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stormwater management system, dam, impoundment, reservoir,

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appurtenant work, or works constructed or abandoned pursuant s.

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373.426(2). A stormwater management system, dam, impoundment,

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reservoir, appurtenant work, or works may not be dedicated to a

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homeowners' association until it has been determined to be in

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compliance with any applicable laws and rules.

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     Section 2.  Present subsections (2) and (3) of section

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373.426, Florida Statutes, are renumbered as subsections (3) and

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(4), respectively, and a new subsection (2) is added to that

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section, to read:

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     373.426  Abandonment.--

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     (2) Any permitted stormwater management system, dam

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impoundment, reservoir, appurtenant work, or works constructed or

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abandoned by an entity that has dissolved or is no longer in

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operation and which has not been dedicated to a homeowners'

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association shall be considered dedicated to the governing board

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until the applicable title to real estate is established or

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determined.

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     Section 3.  Subsection (7) is added to section 720.304,

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Florida Statutes, to read:

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     720.304  Right of owners to peaceably assemble; display of

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flag; SLAPP suits prohibited.--

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     (7) Any parcel owner may display a sign of reasonable size

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in any location on the property indicating that the property is

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for sale. Such sign may not interfere with or block access to any

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common areas or easements located on or passing through that

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property.

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     Section 4.  This act shall take effect July 1, 2008.

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