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.