Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for SB 2504

711774

CHAMBER ACTION

Senate

Floor: 2/AD/2R

5/2/2008 2:41 PM

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House



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Senator Posey moved the following amendment:

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     Senate Amendment

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     Delete line(s) 516-547

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and insert:

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     Section 8.  Effective July 1, 2009, paragraph (d) of

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subsection (1) of section 34.01, Florida Statutes, is amended to

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read:

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     34.01  Jurisdiction of county court.--

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     (1)  County courts shall have original jurisdiction:

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     (d)  Of disputes occurring in the homeowners' associations

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as described in part IV of chapter 720 s. 720.311(2)(a), which

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shall be concurrent with jurisdiction of the circuit courts.

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     Section 9.  Effective July 1, 2009, subsection (2) of

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section 720.302, Florida Statutes, is amended to read:

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     720.302  Purposes, scope, and application.--

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     (2)  The Legislature recognizes that it is not in the best

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interest of homeowners' associations or the individual

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association members thereof to create or impose a bureau or other

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agency of state government to regulate the affairs of homeowners'

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associations. However, in accordance with part IV of chapter 720

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s. 720.311, the Legislature finds that homeowners' associations

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and their individual members will benefit from an expedited

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alternative process for resolution of election and recall

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disputes and presuit mediation of other disputes involving

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covenant enforcement in homeowner's associations and deed

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restricted communities using the procedures provided in part IV

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of and authorizes the department to hear, administer, and

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determine these disputes as more fully set forth in this chapter.

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Further, the Legislature recognizes that certain contract rights

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have been created for the benefit of homeowners' associations and

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members thereof as well as deed-restricted communities before the

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effective date of this act and that part IV of chapter 720 is ss.

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720.301-720.407 are not intended to impair such contract rights,

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including, but not limited to, the rights of the developer to

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complete the community as initially contemplated.

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     Section 10. Effective July 1, 2009, section 720.311,

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Florida Statutes, is repealed.

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     Section 11.  Effective July 1, 2009, part IV of chapter 720,

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Florida Statutes, to be

5/1/2008  7:17:00 AM     24-09314-08

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