((LATE FILED FOR: 4/21/2008 2:00:00 PM))	Amendment
Bill No. CS/CS/HB 601

Amendment No. 023651

CHAMBER ACTION
Senate		House
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1	Representative Bogdanoff offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (11) of section 718.111, Florida
6	Statutes, is amended to read:
7	718.111  The association.--
8	(11)  INSURANCE.--In order to protect the safety, health,
9	and welfare of the people of the State of Florida and to ensure
10	consistency in the provision of insurance coverage to
11	condominiums and their unit owners, this subsection applies
12	paragraphs (a), (b), and (c) are deemed to apply to every
13	residential condominium in the state, regardless of the date of
14	its declaration of condominium. It is the intent of the
15	Legislature to encourage lower or stable insurance premiums for
16	associations described in this subsection section.
17	(a)  Adequate hazard insurance, regardless of any
18	requirement in the declaration of condominium for coverage by
19	the association for full insurable value, replacement cost, or
20	similar coverage, shall be based upon the replacement cost of
21	the property to be insured as determined by an independent
22	insurance appraisal or update of a prior appraisal. The full
23	insurable value shall be determined at least once every 36
24	months.
25	1.  An association or group of associations may provide
26	adequate hazard insurance through a self-insurance fund that
27	complies with the requirements of ss. 624.460-624.488.
28	2.  The association may also provide adequate hazard
29	insurance coverage individually or for a group of no fewer than
30	three communities created and operating under this chapter,
31	chapter 719, chapter 720, or chapter 721 by obtaining and
32	maintaining for such communities insurance coverage sufficient
33	to cover an amount equal to the probable maximum loss for the
34	communities for a 250-year windstorm event. Such probable
35	maximum loss must be determined through the use of a competent
36	model that has been accepted by the Florida Commission on
37	Hurricane Loss Projection Methodology. No policy or program
38	providing such coverage shall be issued or renewed after July 1,
39	2008, unless it has been reviewed and approved by the Office of
40	Insurance Regulation.  The review and approval shall include
41	approval of the policy and related forms pursuant to ss. 627.410
42	and 627.411, approval of the rates pursuant to s. 627.062, a
43	determination that the loss model approved by the Commission was
44	accurately and appropriately applied to the insured structures
45	to determine the 250-year probable maximum loss, and a
46	determination that complete and  accurate disclosure of all
47	material provisions is provided to condominium unit owners prior
48	to execution of the agreement by a condominium association.
49	3.  When determining the adequate amount of hazard
50	insurance coverage, the association may consider deductibles as
51	determined by this subsection.
52	(b)  If an association is a developer-controlled
53	association, the association shall exercise its best efforts to
54	obtain and maintain insurance as described in paragraph (a).
55	Failure to obtain and maintain adequate hazard insurance during
56	any period of developer control constitutes a breach of
57	fiduciary responsibility by the developer-appointed members of
58	the board of directors of the association, unless the members
59	can show that despite such failure, they have made their best
60	efforts to maintain the required coverage.
61	(c)  Policies may include deductibles as determined by the
62	board.
63	1.  The deductibles shall be consistent with industry
64	standards and prevailing practice for communities of similar
65	size and age, and having similar construction and facilities in
66	the locale where the condominium property is situated.
67	2.  The deductibles may be based upon available funds,
68	including reserve accounts, or predetermined assessment
69	authority at the time the insurance is obtained.
70	3.  The board shall establish the amount of deductibles
71	based upon the level of available funds and predetermined
72	assessment authority at a meeting of the board. Such meeting
73	shall be open to all unit owners in the manner set forth in s.
74	718.112(2)(e). The notice of such meeting must state the
75	proposed deductible and the available funds and the assessment
76	authority relied upon by the board and estimate any potential
77	assessment amount against each unit, if any. The meeting
78	described in this paragraph may be held in conjunction with a
79	meeting to consider the proposed budget or an amendment thereto.
80	(d)  An association controlled by unit owners operating as
81	a residential condominium shall use its best efforts to obtain
82	and maintain adequate insurance to protect the association, the
83	association property, the common elements, and the condominium
84	property that is required to be insured by the association
85	pursuant to this subsection.
86	(e)  The declaration of condominium as originally recorded,
87	or as amended pursuant to procedures provided therein, may
88	provide that condominium property consisting of freestanding
89	buildings comprised of no more than one building in or on such
90	unit need not be insured by the association if the declaration
91	requires the unit owner to obtain adequate insurance for the
92	condominium property. An association may also obtain and
93	maintain liability insurance for directors and officers,
94	insurance for the benefit of association employees, and flood
95	insurance for common elements, association property, and units.
96	(f)  Every hazard insurance policy issued or renewed on or
97	after January 1, 2009, for the purpose of protecting the
98	condominium shall provide primary coverage for:
99	1.  All portions of the condominium property as originally
100	installed or replacement of like kind and quality, in accordance
101	with the original plans and specifications.
102	2.  All alterations or additions made to the condominium
103	property or association property pursuant to s. 718.113(2).
104	3.  The coverage shall exclude all personal property within
105	the unit or limited common elements, and floor, wall, and
106	ceiling coverings, electrical fixtures, appliances, water
107	heaters, water filters, built-in cabinets and countertops, and
108	window treatments, including curtains, drapes, blinds, hardware,
109	and similar window treatment components, or replacements of any
110	of the foregoing.
111	(g)  Every hazard insurance policy issued or renewed on or
112	after January 1, 2009, to an individual unit owner must contain
113	a provision stating that the coverage afforded by such policy is
114	excess coverage over the amount recoverable under any other
115	policy covering the same property. Such policies must include
116	special assessment coverage of no less than $2,000 per
117	occurrence. An insurance policy issued to an individual unit
118	owner providing such coverage does not provide rights of
119	subrogation against the condominium association operating the
120	condominium in which such individual's unit is located.
121	1.  All improvements or additions to the condominium
122	property that benefit fewer than all unit owners shall be
123	insured by the unit owner or owners having the use thereof, or
124	may be insured by the association at the cost and expense of the
125	unit owners having the use thereof.
126	2.  The association shall require each owner to provide
127	evidence of a currently effective policy of hazard and liability
128	insurance upon request, but not more than once per year. Upon
129	the failure of an owner to provide a certificate of insurance
130	issued by an insurer approved to write such insurance in this
131	state within 30 days after the date on which a written request
132	is delivered, the association may purchase a policy of insurance
133	on behalf of an owner. The cost of such a policy, together with
134	reconstruction costs undertaken by the association but which are
135	the responsibility of the unit owner, may be collected in the
136	manner provided for the collection of assessments in s. 718.116.
137	3.  All reconstruction work after a casualty loss shall be
138	undertaken by the association except as otherwise authorized in
139	this section. A unit owner may undertake reconstruction work on
140	portions of the unit with the prior written consent of the board
141	of administration. However, such work may be conditioned upon
142	the approval of the repair methods, the qualifications of the
143	proposed contractor, or the contract that is used for that
144	purpose. A unit owner shall obtain all required governmental
145	permits and approvals prior to commencing reconstruction.
146	4.  Unit owners are responsible for the cost of
147	reconstruction of any portions of the condominium property for
148	which the unit owner is required to carry casualty insurance,
149	and any such reconstruction work undertaken by the association
150	shall be chargeable to the unit owner and enforceable as an
151	assessment pursuant to s. 718.116. The association must be an
152	additional named insured and loss payee on all casualty
153	insurance policies issued to unit owners in the condominium
154	operated by the association.
155	5.  A multicondominium association may elect, by a majority
156	vote of the collective members of the condominiums operated by
157	the association, to operate such condominiums as a single
158	condominium for purposes of insurance matters, including, but
159	not limited to, the purchase of the hazard insurance required by
160	this section and the apportionment of deductibles and damages in
161	excess of coverage. The election to aggregate the treatment of
162	insurance premiums, deductibles, and excess damages constitutes
163	an amendment to the declaration of all condominiums operated by
164	the association, and the costs of insurance shall be stated in
165	the association budget. The amendments shall be recorded as
166	required by s. 718.110.
167	(h)  The association shall maintain insurance or fidelity
168	bonding of all persons who control or disburse funds of the
169	association. The insurance policy or fidelity bond must cover
170	the maximum funds that will be in the custody of the association
171	or its management agent at any one time. As used in this
172	paragraph, the term "persons who control or disburse funds of
173	the association" includes, but is not limited to, those
174	individuals authorized to sign checks on behalf of the
175	association, and the president, secretary, and treasurer of the
176	association. The association shall bear the cost of any such
177	bonding.
178	(i)  The association may amend the declaration of
179	condominium without regard to any requirement for approval by
180	mortgagees of amendments affecting insurance requirements for
181	the purpose of conforming the declaration of condominium to the
182	coverage requirements of this subsection.
183	(j)  Any portion of the condominium property required to be
184	insured by the association against casualty loss pursuant to
185	paragraph (f) which is damaged by casualty shall be
186	reconstructed, repaired, or replaced as necessary by the
187	association as a common expense. All hazard insurance
188	deductibles, uninsured losses, and other damages in excess of
189	hazard insurance coverage under the hazard insurance policies
190	maintained by the association are a common expense of the
191	condominium, except that:
192	1.  A unit owner is responsible for the costs of repair or
193	replacement of any portion of the condominium property not paid
194	by insurance proceeds, if such damage is caused by intentional
195	conduct, negligence, or failure to comply with the terms of the
196	declaration or the rules of the association by a unit owner, the
197	members of his or her family, unit occupants, tenants, guests,
198	or invitees, without compromise of the subrogation rights of any
199	insurer as set forth in paragraph (g).
200	2.  The provisions of subparagraph 1. regarding the
201	financial responsibility of a unit owner for the costs of
202	repairing or replacing other portions of the condominium
203	property also applies to the costs of repair or replacement of
204	personal property of other unit owners or the association, as
205	well as other property, whether real or personal, which the unit
206	owners are required to insure under paragraph (g).
207	3.  To the extent the cost of repair or reconstruction for
208	which the unit owner is responsible under this paragraph is
209	reimbursed to the association by insurance proceeds, and, to the
210	extent the association has collected the cost of such repair or
211	reconstruction from the unit owner, the association shall
212	reimburse the unit owner without the waiver of any rights of
213	subrogation.
214	4.  The association is not obligated to pay for repair or
215	reconstruction or repairs of casualty losses as a common expense
216	if the casualty losses were known or should have been known to a
217	unit owner and were not reported to the association until after
218	the insurance claim of the association for that casualty was
219	settled or resolved with finality, or denied on the basis that
220	it was untimely filed.
221	(k)  An association may, upon the approval of a majority of
222	the total voting interests in the association, opt out of the
223	provisions of paragraph (j) for the allocation of repair or
224	reconstruction expenses and allocate repair or reconstruction
225	expenses in the manner provided in the declaration as originally
226	recorded or as amended. Such vote may be approved by the voting
227	interests of the association without regard to any mortgagee
228	consent requirements.
229	(l)  In a multicondominium association that has not
230	consolidated its financial operations under s. 718.111(6), any
231	condominium operated by the association may opt out of the
232	provisions of paragraph (j) with the approval of a majority of
233	the total voting interests in that condominium. Such vote may be
234	approved by the voting interests without regard to any mortgagee
235	consent requirements.
236	(m)  Any association or condominium voting to opt out of
237	the guidelines for repair or reconstruction expenses as
238	described in paragraph (j) must record a notice setting forth
239	the date of the opt-out vote and the page of the official
240	records book on which the declaration is recorded. The decision
241	to opt out is effective upon the date of recording of the notice
242	in the public records by the association. An association that
243	has voted to opt out of paragraph (j) may reverse that decision
244	by the same vote required in paragraphs (k) and (l), and notice
245	thereof shall be recorded in the official records.
246	(n)  The association is not obligated to pay for any
247	reconstruction or repair expenses due to casualty loss to any
248	improvements installed by a current or former owner of the unit
249	or by the developer if the improvement benefits only the unit
250	for which it was installed and is not part of the standard
251	improvements installed by the developer on all units as part of
252	original construction, whether or not such improvement is
253	located within the unit. This paragraph does not relieve any
254	party of its obligations regarding recovery due under any
255	insurance implemented specifically for any such improvements.
256	(o)  The provisions of this subsection shall not apply to
257	timeshare condominium associations.  Insurance for timeshare
258	condominium associations shall be maintained pursuant to s.
259	721.165. Therefore, the Legislature requires a report to be
260	prepared by the Office of Insurance Regulation of the Department
261	of Financial Services for publication 18 months from the
262	effective date of this act, evaluating premium increases or
263	decreases for associations, unit owner premium increases or
264	decreases, recommended changes to better define common areas, or
265	any other information the Office of Insurance Regulation deems
266	appropriate.
267	(a)  A unit-owner controlled association operating a
268	residential condominium shall use its best efforts to obtain and
269	maintain adequate insurance to protect the association, the
270	association property, the common elements, and the condominium
271	property required to be insured by the association pursuant to
272	paragraph (b). If the association is developer controlled, the
273	association shall exercise due diligence to obtain and maintain
274	such insurance. Failure to obtain and maintain adequate
275	insurance during any period of developer control shall
276	constitute a breach of fiduciary responsibility by the
277	developer-appointed members of the board of directors of the
278	association, unless said members can show that despite such
279	failure, they have exercised due diligence. The declaration of
280	condominium as originally recorded, or amended pursuant to
281	procedures provided therein, may require that condominium
282	property consisting of freestanding buildings where there is no
283	more than one building in or on such unit need not be insured by
284	the association if the declaration requires the unit owner to
285	obtain adequate insurance for the condominium property. An
286	association may also obtain and maintain liability insurance for
287	directors and officers, insurance for the benefit of association
288	employees, and flood insurance for common elements, association
289	property, and units. Adequate insurance, regardless of any
290	requirement in the declaration of condominium for coverage by
291	the association for "full insurable value," "replacement cost,"
292	or the like, may include reasonable deductibles as determined by
293	the board based upon available funds or predetermined assessment
294	authority at the time that the insurance is obtained.
295	1.  Windstorm insurance coverage for a group of no fewer
296	than three communities created and operating under this chapter,
297	chapter 719, chapter 720, or chapter 721 may be obtained and
298	maintained for the communities if the insurance coverage is
299	sufficient to cover an amount equal to the probable maximum loss
300	for the communities for a 250-year windstorm event. Such
301	probable maximum loss must be determined through the use of a
302	competent model that has been accepted by the Florida Commission
303	on Hurricane Loss Projection Methodology. Such insurance
304	coverage is deemed adequate windstorm insurance for the purposes
305	of this section.
306	2.  An association or group of associations may self-insure
307	against claims against the association, the association
308	property, and the condominium property required to be insured by
309	an association, upon compliance with the applicable provisions
310	of ss. 624.460-624.488, which shall be considered adequate
311	insurance for the purposes of this section. A copy of each
312	policy of insurance in effect shall be made available for
313	inspection by unit owners at reasonable times.
314	(b)  Every hazard insurance policy issued or renewed on or
315	after January 1, 2004, to protect the condominium shall provide
316	primary coverage for:
317	1.  All portions of the condominium property located
318	outside the units;
319	2.  The condominium property located inside the units as
320	such property was initially installed, or replacements thereof
321	of like kind and quality and in accordance with the original
322	plans and specifications or, if the original plans and
323	specifications are not available, as they existed at the time
324	the unit was initially conveyed; and
325	3.  All portions of the condominium property for which the
326	declaration of condominium requires coverage by the association.
327
328	Anything to the contrary notwithstanding, the terms "condominium
329	property," "building," "improvements," "insurable improvements,"
330	"common elements," "association property," or any other term
331	found in the declaration of condominium which defines the scope
332	of property or casualty insurance that a condominium association
333	must obtain shall exclude all floor, wall, and ceiling
334	coverings, electrical fixtures, appliances, air conditioner or
335	heating equipment, water heaters, water filters, built-in
336	cabinets and countertops, and window treatments, including
337	curtains, drapes, blinds, hardware, and similar window treatment
338	components, or replacements of any of the foregoing which are
339	located within the boundaries of a unit and serve only one unit
340	and all air conditioning compressors that service only an
341	individual unit, whether or not located within the unit
342	boundaries. The foregoing is intended to establish the property
343	or casualty insuring responsibilities of the association and
344	those of the individual unit owner and do not serve to broaden
345	or extend the perils of coverage afforded by any insurance
346	contract provided to the individual unit owner. Beginning
347	January 1, 2004, the association shall have the authority to
348	amend the declaration of condominium, without regard to any
349	requirement for mortgagee approval of amendments affecting
350	insurance requirements, to conform the declaration of
351	condominium to the coverage requirements of this section.
352	(c)  Every hazard insurance policy issued or renewed on or
353	after January 1, 2004, to an individual unit owner shall provide
354	that the coverage afforded by such policy is excess over the
355	amount recoverable under any other policy covering the same
356	property. Each insurance policy issued to an individual unit
357	owner providing such coverage shall be without rights of
358	subrogation against the condominium association that operates
359	the condominium in which such unit owner's unit is located. All
360	real or personal property located within the boundaries of the
361	unit owner's unit which is excluded from the coverage to be
362	provided by the association as set forth in paragraph (b) shall
363	be insured by the individual unit owner.
364	(d)  The association shall obtain and maintain adequate
365	insurance or fidelity bonding of all persons who control or
366	disburse funds of the association. The insurance policy or
367	fidelity bond must cover the maximum funds that will be in the
368	custody of the association or its management agent at any one
369	time. As used in this paragraph, the term "persons who control
370	or disburse funds of the association" includes, but is not
371	limited to, those individuals authorized to sign checks and the
372	president, secretary, and treasurer of the association. The
373	association shall bear the cost of bonding.
374	Section 2.  Paragraph (a) of subsection (1) of section
375	718.115, Florida Statutes, is amended to read:
376	718.115  Common expenses and common surplus.--
377	(1)(a)  Common expenses include the expenses of the
378	operation, maintenance, repair, replacement, or protection of
379	the common elements and association property, costs of carrying
380	out the powers and duties of the association, and any other
381	expense, whether or not included in the foregoing, designated as
382	common expense by this chapter, the declaration, the documents
383	creating the association, or the bylaws. Common expenses also
384	include reasonable transportation services, insurance for
385	directors and officers, road maintenance and operation expenses,
386	in-house communications, and security services, which are
387	reasonably related to the general benefit of the unit owners
388	even if such expenses do not attach to the common elements or
389	property of the condominium. However, such common expenses must
390	either have been services or items provided on or after the date
391	control of the association is transferred from the developer to
392	the unit owners or must be services or items provided for in the
393	condominium documents or bylaws. Unless the manner of payment or
394	allocation of expenses is otherwise addressed in the declaration
395	of condominium, the expenses of any items or services required
396	by any federal, state, or local governmental entity to be
397	installed, maintained, or supplied to the condominium property
398	by the association, including, but not limited to, fire safety
399	equipment or water and sewer service where a master meter serves
400	the condominium, shall be common expenses whether or not such
401	items or services are specifically identified as common expenses
402	in the declaration of condominium, articles of incorporation, or
403	bylaws of the association.
404	Section 3.  Subsection (8) of section 718.116, Florida
405	Statutes, is amended to read:
406	718.116  Assessments; liability; lien and priority;
407	interest; collection.--
408	(8)  Within 15 days after receiving a written request
409	therefor from a unit owner or his or her designee purchaser, or
410	a unit mortgagee or his or her designee, the association shall
411	provide a certificate signed by an officer or agent of the
412	association stating all assessments and other moneys owed to the
413	association by the unit owner with respect to the condominium
414	parcel.
415	(a)  Any person other than the owner who relies upon such
416	certificate shall be protected thereby.
417	(b)  A summary proceeding pursuant to s. 51.011 may be
418	brought to compel compliance with this subsection, and in any
419	such action the prevailing party is entitled to recover
420	reasonable attorney's fees.
421	(c)  Notwithstanding any limitation on transfer fees
422	contained in s. 718.112(2)(i), the association or its authorized
423	agent may charge a reasonable fee for the preparation of the
424	certificate. The amount of the fee must be included on the
425	certificate.
426	(d)  The authority to charge a fee for the certificate
427	shall be established by a written resolution adopted by the
428	board or provided by a written management, bookkeeping, or
429	maintenance contract and is payable upon the preparation of the
430	certificate. If the certificate is requested in conjunction with
431	the sale or mortgage of a unit but the closing does not occur
432	and no later than 30 days after the closing date for which the
433	certificate was sought the preparer receives a written request,
434	accompanied by reasonable documentation, that the sale did not
435	occur from a payer that is not the unit owner, the fee shall be
436	refunded to that payer within 30 days after receipt of the
437	request. The refund is the obligation of the unit owner, and the
438	association may collect it from that owner in the same manner as
439	an assessment as provided in this section.
440	Section 4.  Paragraph (c) of subsection (17) of section
441	718.117, Florida Statutes, is amended to read:
442	718.117  Termination of condominium.--
443	(17)  DISTRIBUTION.--
444	(c)  The proceeds from any sale of condominium property or
445	association property and any remaining condominium property or
446	association property, common surplus, and other assets shall be
447	distributed in the following priority:
448	1.  To pay the reasonable termination trustee's fees and
449	costs and accounting fees and costs.
450	2.  To lienholders of liens recorded prior to the recording
451	of the declaration.
452	3.  To purchase-money lienholders on units to the extent
453	necessary to satisfy their liens; however, the distribution may
454	not exceed a unit owner's share of the proceeds.
455	4.  To lienholders of liens of the association which have
456	been consented to under s. 718.121(1).
457	5.  To creditors of the association, as their interests
458	appear.
459	6.  To unit owners, the proceeds of any sale of condominium
460	property subject to satisfaction of liens on each unit in their
461	order of priority, in shares specified in the plan of
462	termination, unless objected to by a unit owner or lienor as
463	provided in paragraph (b).
464	7.  To unit owners, the remaining condominium property,
465	subject to satisfaction of liens on each unit in their order of
466	priority, in shares specified in the plan of termination, unless
467	objected to by a unit owner or a lienor as provided in paragraph
468	(b).
469	8.  To unit owners, the proceeds of any sale of association
470	property, the remaining association property, common surplus,
471	and other assets of the association, subject to satisfaction of
472	liens on each unit in their order of priority, in shares
473	specified in the plan of termination, unless objected to by a
474	unit owner or a lienor as provided in paragraph (b).
475	Section 5.  Section 720.30851, Florida Statutes, is created
476	to read:
477	720.30851  Estoppel certificates.--Within 15 days after the
478	date on which a request for an estoppel certificate is received
479	from a parcel owner or mortgagee, or his or her designee, the
480	association shall provide a certificate signed by an officer or
481	authorized agent of the association stating all assessments and
482	other moneys owed to the association by the parcel owner or
483	mortgagee with respect to the parcel. An association may charge
484	a fee for the preparation of such certificate, and the amount of
485	such fee must be stated on the certificate.
486	(1)  Any person other than a parcel owner who relies upon a
487	certificate receives the benefits and protection thereof.
488	(2)  A summary proceeding pursuant to s. 51.011 may be
489	brought to compel compliance with this section, and the
490	prevailing party is entitled to recover reasonable attorney's
491	fees.
492	(3)  The authority to charge a fee for a certificate
493	required by this section shall be established by written
494	resolution adopted by the board or provided by written
495	management, bookkeeping, or maintenance contract. The fee is
496	payable upon the preparation of the certificate, and, if the
497	certificate is requested in conjunction with the sale or
498	mortgage of a unit and the closing does not occur, the fee shall
499	be refunded promptly upon written notice from the person
500	requesting the certificate stating that the sale or mortgage did
501	not occur. Any such refund is the obligation of the unit owner
502	and is collectible in the same manner as an assessment as
503	provided in this section.
504	Section 6.  Paragraphs (d) and (j) of subsection (2) of
505	section 20.165, Florida Statutes, are amended to read:
506	20.165  Department of Business and Professional
507	Regulation.--There is created a Department of Business and
508	Professional Regulation.
509	(2)  The following divisions of the Department of Business
510	and Professional Regulation are established:
511	(d)  Division of Florida Land Sales, Condominiums,
512	Timeshares, and Mobile Homes.
513	(j)  Division of Technology, Licensure, and Testing.
514	Section 7.  Subsection (2) of section 73.073, Florida
515	Statutes, is amended to read:
516	73.073  Eminent domain procedure with respect to
517	condominium common elements.--
518	(2)  With respect to the exercise of eminent domain or a
519	negotiated sale for the purchase or taking of a portion of the
520	common elements of a condominium, the condemning authority shall
521	have the responsibility of contacting the condominium
522	association and acquiring the most recent rolls indicating the
523	names of the unit owners or contacting the appropriate taxing
524	authority to obtain the names of the owners of record on the tax
525	rolls. Notification shall thereupon be sent by certified mail,
526	return receipt requested, to the unit owners of record of the
527	condominium units by the condemning authority indicating the
528	intent to purchase or take the required property and requesting
529	a response from the unit owner. The condemning authority shall
530	be responsible for the expense of sending notification pursuant
531	to this section. Such notice shall, at a minimum, include:
532	(a)  The name and address of the condemning authority.
533	(b)  A written or visual description of the property.
534	(c)  The public purpose for which the property is needed.
535	(d)  The appraisal value of the property.
536	(e)  A clear, concise statement relating to the unit
537	owner's right to object to the taking or appraisal value and the
538	procedures and effects of exercising that right.
539	(f)  A clear, concise statement relating to the power of
540	the association to convey the property on behalf of the unit
541	owners if no objection to the taking or appraisal value is
542	raised, and the effects of this alternative on the unit owner.
543
544	The Division of Florida Land Sales, Condominiums, Timeshares,
545	and Mobile Homes of the Department of Business and Professional
546	Regulation may adopt, by rule, a standard form for such notice
547	and may require the notice to include any additional relevant
548	information.
549	Section 8.  Subsections (2) and (3) of section 190.009,
550	Florida Statutes, are amended to read:
551	190.009  Disclosure of public financing.--
552	(2)  The Division of Florida Land Sales, Condominiums, and
553	Mobile Homes of the Department of Business and Professional
554	Regulation shall ensure that disclosures made by developers
555	pursuant to chapter 498 meet the requirements of subsection (1).
556	(2)(3)  The Department of Community Affairs shall keep a
557	current list of districts and their disclosures pursuant to this
558	act and shall make such studies and reports and take such
559	actions as it deems necessary.
560	Section 9.  Paragraph (e) of subsection (6) of section
561	192.037, Florida Statutes, is amended to read:
562	192.037  Fee timeshare real property; taxes and
563	assessments; escrow.--
564	(6)
565	(e)  On or before May 1 of each year, a statement of
566	receipts and disbursements of the escrow account must be filed
567	with the Division of Florida Land Sales, Condominiums,
568	Timeshares, and Mobile Homes of the Department of Business and
569	Professional Regulation, which may enforce this paragraph
570	pursuant to s. 721.26. This statement must appropriately show
571	the amount of principal and interest in such account.
572	Section 10.  Paragraph (i) of subsection (8) of section
573	213.053, Florida Statutes, is amended to read:
574	213.053  Confidentiality and information sharing.--
575	(8)  Notwithstanding any other provision of this section,
576	the department may provide:
577	(i)  Information relative to chapters 212 and 326 to the
578	Division of Florida Land Sales, Condominiums, Timeshares, and
579	Mobile Homes of the Department of Business and Professional
580	Regulation in the conduct of its official duties.
581
582	Disclosure of information under this subsection shall be
583	pursuant to a written agreement between the executive director
584	and the agency. Such agencies, governmental or nongovernmental,
585	shall be bound by the same requirements of confidentiality as
586	the Department of Revenue. Breach of confidentiality is a
587	misdemeanor of the first degree, punishable as provided by s.
588	775.082 or s. 775.083.
589	Section 11.  Paragraph (d) of subsection (4) of section
590	215.20, Florida Statutes, is amended to read:
591	215.20  Certain income and certain trust funds to
592	contribute to the General Revenue Fund.--
593	(4)  The income of a revenue nature deposited in the
594	following described trust funds, by whatever name designated, is
595	that from which the appropriations authorized by subsection (3)
596	shall be made:
597	(d)  Within the Department of Business and Professional
598	Regulation:
599	1.  The Administrative Trust Fund.
600	2.  The Alcoholic Beverage and Tobacco Trust Fund.
601	3.  The Cigarette Tax Collection Trust Fund.
602	4.  The Division of Florida Land Sales, Condominiums,
603	Timeshares, and Mobile Homes Trust Fund.
604	5.  The Hotel and Restaurant Trust Fund, with the exception
605	of those fees collected for the purpose of funding of the
606	hospitality education program as stated in s. 509.302.
607	6.  The Professional Regulation Trust Fund.
608	7.  The trust funds administered by the Division of Pari-
609	mutuel Wagering.
610
611	The enumeration of the foregoing moneys or trust funds shall not
612	prohibit the applicability thereto of s. 215.24 should the
613	Governor determine that for the reasons mentioned in s. 215.24
614	the money or trust funds should be exempt herefrom, as it is the
615	purpose of this law to exempt income from its force and effect
616	when, by the operation of this law, federal matching funds or
617	contributions or private grants to any trust fund would be lost
618	to the state.
619	Section 12.  Subsection (2) of section 326.002, Florida
620	Statutes, is amended to read:
621	326.002  Definitions.--As used in ss. 326.001-326.006, the
622	term:
623	(2)  "Division" means the Division of Florida Land Sales,
624	Condominiums, Timeshares, and Mobile Homes of the Department of
625	Business and Professional Regulation.
626	Section 13.  Paragraph (d) of subsection (2) and subsection
627	(3) of section 326.006, Florida Statutes, are amended to read:
628	326.006  Powers and duties of division.--
629	(2)  The division has the power to enforce and ensure
630	compliance with the provisions of this chapter and rules adopted
631	under this chapter relating to the sale and ownership of yachts
632	and ships. In performing its duties, the division has the
633	following powers and duties:
634	(d)  Notwithstanding any remedies available to a yacht or
635	ship purchaser, if the division has reasonable cause to believe
636	that a violation of any provision of this chapter or rule
637	adopted under this chapter has occurred, the division may
638	institute enforcement proceedings in its own name against any
639	broker or salesperson or any of his or her assignees or agents,
640	or against any unlicensed person or any of his or her assignees
641	or agents, as follows:
642	1.  The division may permit a person whose conduct or
643	actions are under investigation to waive formal proceedings and
644	enter into a consent proceeding whereby orders, rules, or
645	letters of censure or warning, whether formal or informal, may
646	be entered against the person.
647	2.  The division may issue an order requiring the broker or
648	salesperson or any of his or her assignees or agents, or
649	requiring any unlicensed person or any of his or her assignees
650	or agents, to cease and desist from the unlawful practice and
651	take such affirmative action as in the judgment of the division
652	will carry out the purposes of this chapter.
653	3.  The division may bring an action in circuit court on
654	behalf of a class of yacht or ship purchasers for declaratory
655	relief, injunctive relief, or restitution.
656	4.  The division may impose a civil penalty against a
657	broker or salesperson or any of his or her assignees or agents,
658	or against an unlicensed person or any of his or her assignees
659	or agents, for any violation of this chapter or a rule adopted
660	under this chapter. A penalty may be imposed for each day of
661	continuing violation, but in no event may the penalty for any
662	offense exceed $10,000. All amounts collected must be deposited
663	with the Chief Financial Officer to the credit of the Division
664	of Florida Land Sales, Condominiums, Timeshares, and Mobile
665	Homes Trust Fund. If a broker, salesperson, or unlicensed person
666	working for a broker, fails to pay the civil penalty, the
667	division shall thereupon issue an order suspending the broker's
668	license until such time as the civil penalty is paid or may
669	pursue enforcement of the penalty in a court of competent
670	jurisdiction. The order imposing the civil penalty or the order
671	of suspension may not become effective until 20 days after the
672	date of such order. Any action commenced by the division must be
673	brought in the county in which the division has its executive
674	offices or in the county where the violation occurred.
675	(3)  All fees must be deposited in the Division of Florida
676	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
677	Fund as provided by law.
678	Section 14.  Subsection (18) of section 380.05, Florida
679	Statutes, is amended to read:
680	380.05  Areas of critical state concern.--
681	(18)  Neither the designation of an area of critical state
682	concern nor the adoption of any regulations for such an area
683	shall in any way limit or modify the rights of any person to
684	complete any development that was has been authorized by
685	registration of a subdivision pursuant to former chapter 498 or
686	former chapter 478, by recordation pursuant to local subdivision
687	plat law, or by a building permit or other authorization to
688	commence development on which there has been reliance and a
689	change of position, and which registration or recordation was
690	accomplished, or which permit or authorization was issued, prior
691	to the approval under subsection (6), or the adoption under
692	subsection (8), of land development regulations for the area of
693	critical state concern. If a developer has by his or her actions
694	in reliance on prior regulations obtained vested or other legal
695	rights that in law would have prevented a local government from
696	changing those regulations in a way adverse to the developer's
697	interests, nothing in this chapter authorizes any governmental
698	agency to abridge those rights.
699	Section 15.  Subsection (20) of section 380.06, Florida
700	Statutes, is amended to read:
701	380.06  Developments of regional impact.--
702	(20)  VESTED RIGHTS.--Nothing in this section shall limit
703	or modify the rights of any person to complete any development
704	that was has been authorized by registration of a subdivision
705	pursuant to former chapter 498, by recordation pursuant to local
706	subdivision plat law, or by a building permit or other
707	authorization to commence development on which there has been
708	reliance and a change of position and which registration or
709	recordation was accomplished, or which permit or authorization
710	was issued, prior to July 1, 1973. If a developer has, by his or
711	her actions in reliance on prior regulations, obtained vested or
712	other legal rights that in law would have prevented a local
713	government from changing those regulations in a way adverse to
714	the developer's interests, nothing in this chapter authorizes
715	any governmental agency to abridge those rights.
716	(a)  For the purpose of determining the vesting of rights
717	under this subsection, approval pursuant to local subdivision
718	plat law, ordinances, or regulations of a subdivision plat by
719	formal vote of a county or municipal governmental body having
720	jurisdiction after August 1, 1967, and prior to July 1, 1973, is
721	sufficient to vest all property rights for the purposes of this
722	subsection; and no action in reliance on, or change of position
723	concerning, such local governmental approval is required for
724	vesting to take place. Anyone claiming vested rights under this
725	paragraph must so notify the department in writing by January 1,
726	1986. Such notification shall include information adequate to
727	document the rights established by this subsection. When such
728	notification requirements are met, in order for the vested
729	rights authorized pursuant to this paragraph to remain valid
730	after June 30, 1990, development of the vested plan must be
731	commenced prior to that date upon the property that the state
732	land planning agency has determined to have acquired vested
733	rights following the notification or in a binding letter of
734	interpretation. When the notification requirements have not been
735	met, the vested rights authorized by this paragraph shall expire
736	June 30, 1986, unless development commenced prior to that date.
737	(b)  For the purpose of this act, the conveyance of, or the
738	agreement to convey, property to the county, state, or local
739	government as a prerequisite to zoning change approval shall be
740	construed as an act of reliance to vest rights as determined
741	under this subsection, provided such zoning change is actually
742	granted by such government.
743	Section 16.  Paragraph (a) of subsection (4) of section
744	380.0651, Florida Statutes, is amended to read:
745	380.0651  Statewide guidelines and standards.--
746	(4)  Two or more developments, represented by their owners
747	or developers to be separate developments, shall be aggregated
748	and treated as a single development under this chapter when they
749	are determined to be part of a unified plan of development and
750	are physically proximate to one other.
751	(a)  The criteria of two of the following subparagraphs
752	must be met in order for the state land planning agency to
753	determine that there is a unified plan of development:
754	1.a.  The same person has retained or shared control of the
755	developments;
756	b.  The same person has ownership or a significant legal or
757	equitable interest in the developments; or
758	c.  There is common management of the developments
759	controlling the form of physical development or disposition of
760	parcels of the development.
761	2.  There is a reasonable closeness in time between the
762	completion of 80 percent or less of one development and the
763	submission to a governmental agency of a master plan or series
764	of plans or drawings for the other development which is
765	indicative of a common development effort.
766	3.  A master plan or series of plans or drawings exists
767	covering the developments sought to be aggregated which have
768	been submitted to a local general-purpose government, water
769	management district, the Florida Department of Environmental
770	Protection, or the Division of Florida Land Sales, Condominiums,
771	Timeshares, and Mobile Homes for authorization to commence
772	development. The existence or implementation of a utility's
773	master utility plan required by the Public Service Commission or
774	general-purpose local government or a master drainage plan shall
775	not be the sole determinant of the existence of a master plan.
776	4.  The voluntary sharing of infrastructure that is
777	indicative of a common development effort or is designated
778	specifically to accommodate the developments sought to be
779	aggregated, except that which was implemented because it was
780	required by a local general-purpose government; water management
781	district; the Department of Environmental Protection; the
782	Division of Florida Land Sales, Condominiums, Timeshares, and
783	Mobile Homes; or the Public Service Commission.
784	5.  There is a common advertising scheme or promotional
785	plan in effect for the developments sought to be aggregated.
786	Section 17.  Paragraph (c) of subsection (4) of section
787	381.0065, Florida Statutes, is amended to read:
788	381.0065  Onsite sewage treatment and disposal systems;
789	regulation.--
790	(4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
791	not construct, repair, modify, abandon, or operate an onsite
792	sewage treatment and disposal system without first obtaining a
793	permit approved by the department. The department may issue
794	permits to carry out this section, but shall not make the
795	issuance of such permits contingent upon prior approval by the
796	Department of Environmental Protection, except that the issuance
797	of a permit for work seaward of the coastal construction control
798	line established under s. 161.053 shall be contingent upon
799	receipt of any required coastal construction control line permit
800	from the Department of Environmental Protection. A construction
801	permit is valid for 18 months from the issuance date and may be
802	extended by the department for one 90-day period under rules
803	adopted by the department. A repair permit is valid for 90 days
804	from the date of issuance. An operating permit must be obtained
805	prior to the use of any aerobic treatment unit or if the
806	establishment generates commercial waste. Buildings or
807	establishments that use an aerobic treatment unit or generate
808	commercial waste shall be inspected by the department at least
809	annually to assure compliance with the terms of the operating
810	permit. The operating permit for a commercial wastewater system
811	is valid for 1 year from the date of issuance and must be
812	renewed annually. The operating permit for an aerobic treatment
813	unit is valid for 2 years from the date of issuance and must be
814	renewed every 2 years. If all information pertaining to the
815	siting, location, and installation conditions or repair of an
816	onsite sewage treatment and disposal system remains the same, a
817	construction or repair permit for the onsite sewage treatment
818	and disposal system may be transferred to another person, if the
819	transferee files, within 60 days after the transfer of
820	ownership, an amended application providing all corrected
821	information and proof of ownership of the property. There is no
822	fee associated with the processing of this supplemental
823	information. A person may not contract to construct, modify,
824	alter, repair, service, abandon, or maintain any portion of an
825	onsite sewage treatment and disposal system without being
826	registered under part III of chapter 489. A property owner who
827	personally performs construction, maintenance, or repairs to a
828	system serving his or her own owner-occupied single-family
829	residence is exempt from registration requirements for
830	performing such construction, maintenance, or repairs on that
831	residence, but is subject to all permitting requirements. A
832	municipality or political subdivision of the state may not issue
833	a building or plumbing permit for any building that requires the
834	use of an onsite sewage treatment and disposal system unless the
835	owner or builder has received a construction permit for such
836	system from the department. A building or structure may not be
837	occupied and a municipality, political subdivision, or any state
838	or federal agency may not authorize occupancy until the
839	department approves the final installation of the onsite sewage
840	treatment and disposal system. A municipality or political
841	subdivision of the state may not approve any change in occupancy
842	or tenancy of a building that uses an onsite sewage treatment
843	and disposal system until the department has reviewed the use of
844	the system with the proposed change, approved the change, and
845	amended the operating permit.
846	(c)  Notwithstanding the provisions of paragraphs (a) and
847	(b), for subdivisions platted of record on or before October 1,
848	1991, when a developer or other appropriate entity has
849	previously made or makes provisions, including financial
850	assurances or other commitments, acceptable to the Department of
851	Health, that a central water system will be installed by a
852	regulated public utility based on a density formula, private
853	potable wells may be used with onsite sewage treatment and
854	disposal systems until the agreed-upon densities are reached.
855	The department may consider assurances filed with the Department
856	of Business and Professional Regulation under chapter 498 in
857	determining the adequacy of the financial assurance required by
858	this paragraph. In a subdivision regulated by this paragraph,
859	the average daily sewage flow may not exceed 2,500 gallons per
860	acre per day. This section does not affect the validity of
861	existing prior agreements. After October 1, 1991, the exception
862	provided under this paragraph is not available to a developer or
863	other appropriate entity.
864	Section 18.  Subsections (8) through (12) of section
865	450.33, Florida Statutes, are amended to read:
866	450.33  Duties of farm labor contractor.--Every farm labor
867	contractor must:
868	(8)  File, within such time as the department may
869	prescribe, a set of his or her fingerprints.
870	(8)(9)  Produce evidence to the department that each
871	vehicle he or she uses for the transportation of employees
872	complies with the requirements and specifications established in
873	chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
874	Pub. L. No. 97-470 meeting Department of Transportation
875	requirements or, in lieu thereof, bears a valid inspection
876	sticker showing that the vehicle has passed the inspection in
877	the state in which the vehicle is registered.
878	(9)(10)  Comply with all applicable statutes, rules, and
879	regulations of the United States and of the State of Florida for
880	the protection or benefit of labor, including, but not limited
881	to, those providing for wages, hours, fair labor standards,
882	social security, workers' compensation, unemployment
883	compensation, child labor, and transportation.
884	(10)(11)  Maintain accurate daily field records for each
885	employee actually paid by the farm labor contractor reflecting
886	the hours worked for the farm labor contractor and, if paid by
887	unit, the number of units harvested and the amount paid per
888	unit.
889	(11)(12)  Clearly display on each vehicle used to transport
890	migrant or seasonal farm workers a display sticker issued by the
891	department, which states that the vehicle is authorized by the
892	department to transport farm workers and the expiration date of
893	the authorization.
894	Section 19.  Subsection (10) is added to section 455.203,
895	Florida Statutes, to read:
896	455.203  Department; powers and duties.--The department,
897	for the boards under its jurisdiction, shall:
898	(10)  Have authority to:
899	(a)  Close and terminate deficient license application
900	files 2 years after the board or the department notifies the
901	applicant of the deficiency; and
902	(b)  Approve applications for professional licenses that
903	meet all statutory and rule requirements for licensure.
904	Section 20.  Subsection (5) of section 455.116, Florida
905	Statutes, is amended to read:
906	455.116  Regulation trust funds.--The following trust funds
907	shall be placed in the department:
908	(5)  Division of Florida Land Sales, Condominiums,
909	Timeshares, and Mobile Homes Trust Fund.
910	Section 21.  Subsection (1) of section 455.217, Florida
911	Statutes, is amended to read:
912	455.217  Examinations.--This section shall be read in
913	conjunction with the appropriate practice act associated with
914	each regulated profession under this chapter.
915	(1)  The Division of Technology, Licensure, and Testing of
916	the Department of Business and Professional Regulation shall
917	provide, contract, or approve services for the development,
918	preparation, administration, scoring, score reporting, and
919	evaluation of all examinations. The division shall seek the
920	advice of the appropriate board in providing such services.
921	(a)  The department, acting in conjunction with the
922	Division of Technology, Licensure, and Testing and the Division
923	of Real Estate, as appropriate, shall ensure that examinations
924	adequately and reliably measure an applicant's ability to
925	practice the profession regulated by the department. After an
926	examination developed or approved by the department has been
927	administered, the board or department may reject any question
928	which does not reliably measure the general areas of competency
929	specified in the rules of the board or department, when there is
930	no board. The department shall use professional testing services
931	for the development, preparation, and evaluation of
932	examinations, when such services are available and approved by
933	the board.
934	(b)  For each examination developed by the department or
935	contracted vendor, to the extent not otherwise specified by
936	statute, the board or the department when there is no board,
937	shall by rule specify the general areas of competency to be
938	covered by the examination, the relative weight to be assigned
939	in grading each area tested, the score necessary to achieve a
940	passing grade, and the fees, where applicable, to cover the
941	actual cost for any purchase, development, and administration of
942	the required examination. However, statutory fee caps in each
943	practice act shall apply. This subsection does not apply to
944	national examinations approved and administered pursuant to
945	paragraph (d).
946	(c)  If a practical examination is deemed to be necessary,
947	rules shall specify the criteria by which examiners are to be
948	selected, the grading criteria to be used by the examiner, the
949	relative weight to be assigned in grading each criterion, and
950	the score necessary to achieve a passing grade. When a mandatory
951	standardization exercise for a practical examination is required
952	by law, the board may conduct such exercise. Therefore, board
953	members may serve as examiners at a practical examination with
954	the consent of the board.
955	(d)  A board, or the department when there is no board, may
956	approve by rule the use of any national examination which the
957	department has certified as meeting requirements of national
958	examinations and generally accepted testing standards pursuant
959	to department rules. Providers of examinations, which may be
960	either profit or nonprofit entities, seeking certification by
961	the department shall pay the actual costs incurred by the
962	department in making a determination regarding the
963	certification. The department shall use any national examination
964	which is available, certified by the department, and approved by
965	the board. The name and number of a candidate may be provided to
966	a national contractor for the limited purpose of preparing the
967	grade tape and information to be returned to the board or
968	department or, to the extent otherwise specified by rule, the
969	candidate may apply directly to the vendor of the national
970	examination. The department may delegate to the board the duty
971	to provide and administer the examination. Any national
972	examination approved by a board, or the department when there is
973	no board, prior to October 1, 1997, is deemed certified under
974	this paragraph. Any licensing or certification examination that
975	is not developed or administered by the department in-house or
976	provided as a national examination shall be competitively bid.
977	(e)  The department shall adopt rules regarding the
978	security and monitoring of examinations. In order to maintain
979	the security of examinations, the department may employ the
980	procedures set forth in s. 455.228 to seek fines and injunctive
981	relief against an examinee who violates the provisions of s.
982	455.2175 or the rules adopted pursuant to this paragraph. The
983	department, or any agent thereof, may, for the purposes of
984	investigation, confiscate any written, photographic, or
985	recording material or device in the possession of the examinee
986	at the examination site which the department deems necessary to
987	enforce such provisions or rules.
988	(f)  If the professional board with jurisdiction over an
989	examination concurs, the department may, for a fee, share with
990	any other state's licensing authority an examination developed
991	by or for the department unless prohibited by a contract entered
992	into by the department for development or purchase of the
993	examination. The department, with the concurrence of the
994	appropriate board, shall establish guidelines that ensure
995	security of a shared exam and shall require that any other
996	state's licensing authority comply with those guidelines. Those
997	guidelines shall be approved by the appropriate professional
998	board. All fees paid by the user shall be applied to the
999	department's examination and development program for professions
1000	regulated by this chapter. All fees paid by the user for
1001	professions not regulated by this chapter shall be applied to
1002	offset the fees for the development and administration of that
1003	profession's examination. If both a written and a practical
1004	examination are given, an applicant shall be required to retake
1005	only the portion of the examination for which he or she failed
1006	to achieve a passing grade, if he or she successfully passes
1007	that portion within a reasonable time of his or her passing the
1008	other portion.
1009	Section 22.  Subsection (6) is added to section 455.2273,
1010	Florida Statutes, to read:
1011	455.2273  Disciplinary guidelines.--
1012	(6)  Notwithstanding s. 455.017, this section applies to
1013	disciplinary guidelines adopted by all boards or divisions
1014	within the department.
1015	Section 23.  Effective July 1, 2010, paragraph (d) of
1016	subsection (1) and paragraph (d) of subsection (2) of section
1017	468.841, Florida Statutes, are amended to read:
1018	468.841  Exemptions.--
1019	(1)  The following persons are not required to comply with
1020	any provisions of this part relating to mold assessment:
1021	(d)  Persons or business organizations acting within the
1022	scope of the respective licenses required under chapter 471,
1023	part I of chapter 481, chapter 482, or chapter 489, or part XV
1024	of this chapter, are acting on behalf of an insurer under part
1025	VI of chapter 626, or are persons in the manufactured housing
1026	industry who are licensed under chapter 320, except when any
1027	such persons or business organizations hold themselves out for
1028	hire to the public as a "certified mold assessor remediator,"
1029	"registered mold assessor remediator," "licensed mold assessor
1030	remediator," "mold assessor remediator," "professional mold
1031	assessor remediator," or any combination thereof stating or
1032	implying licensure under this part.
1033	(2)  The following persons are not required to comply with
1034	any provisions of this part relating to mold remediation:
1035	(d)  Persons or business organizations that are acting
1036	within the scope of the respective licenses required under
1037	chapter 471, part I of chapter 481, chapter 482, or chapter 489,
1038	or part XV of this chapter, are acting on behalf of an insurer
1039	under part VI of chapter 626, or are persons in the manufactured
1040	housing industry who are licensed under chapter 320, except when
1041	any such persons or business organizations hold themselves out
1042	for hire to the public as a "certified mold remediator
1043	assessor," "registered mold remediator assessor," "licensed mold
1044	remediator assessor," "mold remediator assessor," "professional
1045	mold remediator assessor," or any combination thereof stating or
1046	implying licensure under this part.
1047	Section 24.  Paragraph (b) of subsection (2) of section
1048	475.17, Florida Statutes, is amended to read:
1049	475.17  Qualifications for practice.--
1050	(2)
1051	(b)  A person may not be licensed as a real estate broker
1052	unless, in addition to the other requirements of law, the person
1053	has held:
1054	1.  An active real estate sales associate's license for at
1055	least 24 12 months during the preceding 5 years in the office of
1056	one or more real estate brokers licensed in this state or any
1057	other state, territory, or jurisdiction of the United States or
1058	in any foreign national jurisdiction;
1059	2.  A current and valid real estate sales associate's
1060	license for at least 24 12 months during the preceding 5 years
1061	in the employ of a governmental agency for a salary and
1062	performing the duties authorized in this part for real estate
1063	licensees; or
1064	3.  A current and valid real estate broker's license for at
1065	least 24 12 months during the preceding 5 years in any other
1066	state, territory, or jurisdiction of the United States or in any
1067	foreign national jurisdiction.
1068
1069	This paragraph does not apply to a person employed as a real
1070	estate investigator by the Division of Real Estate, provided the
1071	person has been employed as a real estate investigator for at
1072	least 24 months. The person must be currently employed as a real
1073	estate investigator to sit for the real estate broker's
1074	examination and have held a valid and current sales associate's
1075	license for at least 12 months.
1076	Section 25.  Subsection (9) of section 475.451, Florida
1077	Statutes, is amended to read:
1078	475.451  Schools teaching real estate practice.--
1079	(9)(a)  Each school permitholder of a proprietary real
1080	estate school, each chief administrative person of such an
1081	institution, or each course sponsor shall deliver to the
1082	department, in a format acceptable to the department, a copy of
1083	the classroom course roster of courses that require satisfactory
1084	completion of an examination no later than 30 days beyond the
1085	end of the calendar month in which the course was completed.
1086	(b)  The course roster shall consist of the institution or
1087	school name and permit number, if applicable, the instructor's
1088	name and permit number, if applicable, course title, beginning
1089	and ending dates of the course, number of course hours, course
1090	location, if applicable, each student's full name and license
1091	number, if applicable, each student's mailing address, and the
1092	numerical grade each student achieved. The course roster shall
1093	also include the signature of the school permitholder, the chief
1094	administrative person, or the course sponsor.
1095	Section 26.  Section 475.455, Florida Statutes, is amended
1096	to read:
1097	475.455  Exchange of disciplinary information.--The
1098	commission shall inform the Division of Florida Land Sales,
1099	Condominiums, Timeshares, and Mobile Homes of the Department of
1100	Business and Professional Regulation of any disciplinary action
1101	the commission has taken against any of its licensees. The
1102	division shall inform the commission of any disciplinary action
1103	the division has taken against any broker or sales associate
1104	registered with the division.
1105	Section 27.  Subsection (6) of section 489.105, Florida
1106	Statutes, is amended to read:
1107	489.105  Definitions.--As used in this part:
1108	(6)  "Contracting" means, except as exempted in this part,
1109	engaging in business as a contractor and includes, but is not
1110	limited to, performance of any of the acts as set forth in
1111	subsection (3) which define types of contractors. The attempted
1112	sale of contracting services and the negotiation or bid for a
1113	contract on these services also constitutes contracting. If the
1114	services offered require licensure or agent qualification, the
1115	offering, negotiation for a bid, or attempted sale of these
1116	services requires the corresponding licensure. However, the term
1117	"contracting" shall not extend to an individual, partnership,
1118	corporation, trust, or other legal entity that offers to sell or
1119	sells completed residences on property on which the individual
1120	or business entity has any legal or equitable interest, or to
1121	the individual or business entity that offers to sell or sells
1122	manufactured or factory-built buildings that will be completed
1123	on site on property on which either party to a contract has any
1124	legal or equitable interest, if the services of a qualified
1125	contractor certified or registered pursuant to the requirements
1126	of this chapter have been or will be retained for the purpose of
1127	constructing or completing such residences.
1128	Section 28.  Section 489.511, Florida Statutes, is amended
1129	to read:
1130	489.511  Certification; application; examinations;
1131	endorsement.--
1132	(1)(a)  Any person who is at least 18 years of age may take
1133	the certification examination.
1134	(b)  Any person desiring to be certified as a contractor
1135	shall apply to the department in writing and must meet the
1136	following criteria: to take the certification examination.
1137	(2)(a)  A person shall be entitled to take the
1138	certification examination for the purpose of determining whether
1139	he or she is qualified to engage in contracting throughout the
1140	state as a contractor if the person:
1141	1.  Is at least 18 years of age;
1142	1.2.  Be Is of good moral character;
1143	2.  Pass the certification examination, achieving a passing
1144	grade as established by board rule; and
1145	3.  Meet Meets eligibility requirements according to one of
1146	the following criteria:
1147	a.  Has, within the 6 years immediately preceding the
1148	filing of the application, at least 3 years' proven management
1149	experience in the trade or education equivalent thereto, or a
1150	combination thereof, but not more than one-half of such
1151	experience may be educational equivalent;
1152	b.  Has, within the 8 years immediately preceding the
1153	filing of the application, at least 4 years' experience as a
1154	supervisor or contractor in the trade for which he or she is
1155	making application;
1156	c.  Has, within the 12 years immediately preceding the
1157	filing of the application, at least 6 years of comprehensive
1158	training, technical education, or supervisory experience
1159	associated with an electrical or alarm system contracting
1160	business, or at least 6 years of technical experience in
1161	electrical or alarm system work with the Armed Forces or a
1162	governmental entity;
1163	d.  Has, within the 12 years immediately preceding the
1164	filing of the application, been licensed for 3 years as a
1165	professional engineer who is qualified by education, training,
1166	or experience to practice electrical engineering; or
1167	e.  Has any combination of qualifications under sub-
1168	subparagraphs a.-c. totaling 6 years of experience.
1169	(c)(b)  For purposes of this subsection, "supervisor" means
1170	a person having the experience gained while having the general
1171	duty of overseeing the technical duties of the trade, provided
1172	that such experience is gained by a person who is able to
1173	perform the technical duties of the trade without supervision.
1174	(d)(c)  For purposes of this subsection, at least 40
1175	percent of the work experience for an alarm system contractor I
1176	must be in the types of fire alarm systems typically used in a
1177	commercial setting.
1178	(2)(3)  The board may determine by rule the number of times
1179	per year the applicant may take the examination and after three
1180	unsuccessful attempts may On or after October 1, 1998, every
1181	applicant who is qualified shall be allowed to take the
1182	examination three times, notwithstanding the number of times the
1183	applicant has previously failed the examination. If an applicant
1184	fails the examination three times after October 1, 1998, the
1185	board shall require the applicant to complete additional
1186	college-level or technical education courses in the areas of
1187	deficiency, as determined by the board, as a condition of future
1188	eligibility to take the examination. The applicant must also
1189	submit a new application that meets all certification
1190	requirements at the time of its submission and must pay all
1191	appropriate fees.
1192	(3)(4)(a)  "Good moral character" means a personal history
1193	of honesty, fairness, and respect for the rights of others and
1194	for laws of this state and nation.
1195	(b)  The board may determine that an individual applying
1196	for certification is ineligible to take the examination for
1197	failure to satisfy the requirement of good moral character only
1198	if:
1199	1.  There is a substantial connection between the lack of
1200	good moral character of the individual and the professional
1201	responsibilities of a certified contractor; and
1202	2.  The finding by the board of lack of good moral
1203	character is supported by clear and convincing evidence.
1204	(c)  When an individual is found to be unqualified for
1205	certification examination because of a lack of good moral
1206	character, the board shall furnish such individual a statement
1207	containing the findings of the board, a complete record of the
1208	evidence upon which the determination was based, and a notice of
1209	the rights of the individual to a rehearing and appeal.
1210	(4)(5)  The board shall, by rule, designate those types of
1211	specialty electrical or alarm system contractors who may be
1212	certified under this part. The limit of the scope of work and
1213	responsibility of a certified specialty contractor shall be
1214	established by board rule. A certified specialty contractor
1215	category exists as an optional statewide licensing category.
1216	Qualification for certification in a specialty category created
1217	by rule shall be the same as set forth in paragraph (1)(b)
1218	(2)(a). The existence of a specialty category created by rule
1219	does not itself create any licensing requirement; however,
1220	neither does its optional nature remove any licensure
1221	requirement established elsewhere in this part.
1222	(5)(6)  The board shall certify as qualified for
1223	certification by endorsement any individual applying for
1224	certification who:
1225	(a)  Meets the requirements for certification as set forth
1226	in this section; has passed a national, regional, state, or
1227	United States territorial licensing examination that is
1228	substantially equivalent to the examination required by this
1229	part; and has satisfied the requirements set forth in s.
1230	489.521; or
1231	(b)  Holds a valid license to practice electrical or alarm
1232	system contracting issued by another state or territory of the
1233	United States, if the criteria for issuance of such license was
1234	substantially equivalent to the certification criteria that
1235	existed in this state at the time the certificate was issued.
1236	(6)(7)  Upon the issuance of a certificate, any previously
1237	issued registered licenses for the classification in which the
1238	certification is issued are rendered void.
1239	Section 29.  Paragraph (b) of subsection (1) of section
1240	489.515, Florida Statutes, is amended to read:
1241	489.515  Issuance of certificates; registrations.--
1242	(1)
1243	(b)  The board shall certify as qualified for certification
1244	any person who satisfies the requirements of s. 489.511, who
1245	successfully passes the certification examination administered
1246	by the department, achieving a passing grade as established by
1247	board rule, and who submits satisfactory evidence that he or she
1248	has obtained both workers' compensation insurance or an
1249	acceptable exemption certificate issued by the department and
1250	public liability and property damage insurance for the health,
1251	safety, and welfare of the public in amounts determined by rule
1252	of the board, and furnishes evidence of financial
1253	responsibility, credit, and business reputation of either
1254	himself or herself or the business organization he or she
1255	desires to qualify.
1256	Section 30.  Section 494.008, Florida Statutes, is amended
1257	to read:
1258	494.008  Mortgages offered by land developers licensed
1259	pursuant to the Florida Uniform Land Sales Practices Law;
1260	requirements; prohibitions.--No mortgage loan which has a face
1261	amount of $35,000 or less and is secured by vacant land
1262	registered under the Florida Uniform Land Sales Practices Law,
1263	chapter 498, shall be sold to a mortgagee, except a financial
1264	institution, by any person unless all of the following
1265	requirements are met:
1266	(1)  Each mortgage securing a note or other obligation sold
1267	or offered for sale shall be eligible for a recordation as a
1268	first mortgage.
1269	(2)  Each mortgage negotiated pursuant to this section must
1270	include a mortgagee's title insurance policy or an opinion of
1271	title, from an attorney who is licensed to practice law in this
1272	state, on each parcel of land which is described in the
1273	mortgage. The policy or opinion shall reflect that there are no
1274	other mortgages on the property. A notice stating the priority
1275	of the mortgage shall be placed on the face of each mortgage in
1276	an amount over $35,000 issued pursuant to this section.
1277	(3)  Contracts to purchase a mortgage loan shall contain,
1278	immediately above the purchaser's signature line, the statement
1279	in 10-point boldfaced type: "This mortgage is secured by vacant
1280	land subject to development at a future time." This statement
1281	shall also be typed or printed in 10-point type on the face of
1282	the note and mortgage sold.
1283	(4)  The most recent assessment for tax purposes made by
1284	the county property appraiser of each parcel of land described
1285	in the mortgage shall be furnished to each mortgagee.
1286	(5)  The mortgage broker shall record or cause to be
1287	recorded all mortgages or other similar documents prior to
1288	delivery of the note and mortgage to the mortgagee.
1289	(6)  All funds received by the mortgage broker pursuant to
1290	this section shall promptly be deposited in the broker's trust
1291	account where they shall remain until the note and mortgage are
1292	fully executed and recorded.
1293	(7)  Willful failure to comply with any of the above
1294	provisions shall subject the person to the penalties of s.
1295	494.05.
1296	Section 31.  Section 498.009, Florida Statutes, is
1297	renumbered as section 718.50152, Florida Statutes.
1298	Section 32.  Section 498.011, Florida Statutes, is
1299	renumbered as section 718.50153, Florida Statutes, and amended
1300	to read:
1301	718.50153 498.011  Payment of per diem, mileage, and other
1302	expenses to division employees.--The amount of per diem and
1303	mileage and expense money paid to employees shall be as provided
1304	in s. 112.061, except that the division shall establish by rule
1305	the standards for reimbursement of actual verified expenses
1306	incurred in connection with an on-site review inspection or
1307	investigation of subdivided lands.
1308	Section 33.  Section 498.013, Florida Statutes, is
1309	renumbered as section 718.50154, Florida Statutes.
1310	Section 34.  Section 498.057, Florida Statutes, is
1311	renumbered as section 718.50155, Florida Statutes, and amended,
1312	to read:
1313	718.50155 498.057  Service of process.--
1314	(1)  In addition to the methods of service provided for in
1315	the Florida Rules of Civil Procedure and the Florida Statutes,
1316	service may be made and by delivering a copy of the process to
1317	the director of the division, which shall be binding upon the
1318	defendant or respondent if:
1319	(a)  The division plaintiff, which is acting as the
1320	petitioner or plaintiff may be the division, immediately sends a
1321	copy of the process and of the pleading by certified mail to the
1322	defendant or respondent at his or her last known address;, and
1323	(b)  The division plaintiff files an affidavit of
1324	compliance with this section on or before the return date of the
1325	process or within the time set by the court.
1326	(2)  If any person, including any nonresident of this
1327	state, allegedly engages in conduct prohibited by this chapter,
1328	or any rule or order of the division, and has not filed a
1329	consent to service of process, and personal jurisdiction over
1330	him or her cannot otherwise be obtained in this state, the
1331	director shall be authorized to receive service of process in
1332	any noncriminal proceeding against that person or his or her
1333	successor which grows out of the conduct and which is brought by
1334	the division under this chapter or any rule or order of the
1335	division. The process shall have the same force and validity as
1336	if personally served. Notice shall be given as provided in
1337	subsection (1).
1338	Section 35.  Sections 498.001, 498.003, 498.005, 498.007,
1339	498.017, 498.021, 498.022, 498.023, 498.024, 498.025, 498.027,
1340	498.028, 498.029, 498.031, 498.033, 498.035, 498.037, 498.039,
1341	498.041, 498.047, 498.049, 498.051, 498.053, 498.059, 498.061,
1342	and 498.063, Florida Statutes, are repealed.
1343	Section 36.  Section 509.512, Florida Statutes, is amended
1344	to read:
1345	509.512  Timeshare plan developer and exchange company
1346	exemption.--Sections 509.501-509.511 do not apply to a developer
1347	of a timeshare plan or an exchange company approved by the
1348	Division of Florida Land Sales, Condominiums, Timeshares, and
1349	Mobile Homes pursuant to chapter 721, but only to the extent
1350	that the developer or exchange company engages in conduct
1351	regulated under chapter 721.
1352	Section 37.  Subsection (2) of section 517.301, Florida
1353	Statutes, is amended to read:
1354	517.301  Fraudulent transactions; falsification or
1355	concealment of facts.--
1356	(2)  For purposes of ss. 517.311 and 517.312 and this
1357	section, the term "investment" means any commitment of money or
1358	property principally induced by a representation that an
1359	economic benefit may be derived from such commitment, except
1360	that the term "investment" does not include a commitment of
1361	money or property for:
1362	(a)  The purchase of a business opportunity, business
1363	enterprise, or real property through a person licensed under
1364	chapter 475 or registered under former chapter 498; or
1365	(b)  The purchase of tangible personal property through a
1366	person not engaged in telephone solicitation, where said
1367	property is offered and sold in accordance with the following
1368	conditions:
1369	1.  There are no specific representations or guarantees
1370	made by the offeror or seller as to the economic benefit to be
1371	derived from the purchase;
1372	2.  The tangible property is delivered to the purchaser
1373	within 30 days after sale, except that such 30-day period may be
1374	extended by the office if market conditions so warrant; and
1375	3.  The seller has offered the purchaser a full refund
1376	policy in writing, exercisable by the purchaser within 10 days
1377	of the date of delivery of such tangible personal property,
1378	except that the amount of such refund may not in no event shall
1379	exceed the bid price in effect at the time the property is
1380	returned to the seller. If the applicable sellers' market is
1381	closed at the time the property is returned to the seller for a
1382	refund, the amount of such refund shall be based on the bid
1383	price for such property at the next opening of such market.
1384	Section 38.  Subsection (4) of section 548.0065, Florida
1385	Statutes, is amended to read:
1386	548.0065  Amateur matches; sanctioning and supervision;
1387	health and safety standards; compliance checks; continuation,
1388	suspension, and revocation of sanctioning approval.--
1389	(4)  Any member of the commission or the executive director
1390	of the commission may suspend the approval of an amateur
1391	sanctioning organization for failure to supervise amateur
1392	matches or to enforce the approved health and safety standards
1393	required under this chapter, provided that the suspension
1394	complies with the procedures for summary suspensions in s.
1395	120.60(6). At any amateur boxing, or kickboxing, or mixed
1396	martial arts contest, any member of the commission or a
1397	representative of the commission may immediately suspend one or
1398	more matches in an event whenever it appears that the match or
1399	matches violate the health and safety standards established by
1400	rule as required by this chapter. A law enforcement officer may
1401	assist any member of the commission or a representative of the
1402	commission to enforce an order to stop a contest if called upon
1403	to do so by a member of the commission or a representative of
1404	the commission.
1405	Section 39.  Subsections (2), (3), and (4) of section
1406	548.008, Florida Statutes, are amended to read:
1407	548.008  Prohibited competitions.--
1408	(2)  No amateur mixed martial arts match may be held in
1409	this state.
1410	(2)(3)  No professional match may be held in this state
1411	unless it meets the requirements for holding the match as
1412	provided in this chapter and the rules adopted by the
1413	commission.
1414	(3)(4)(a)  Any person participating in a match prohibited
1415	under this section, knowing the match to be prohibited, commits
1416	a misdemeanor of the second degree, punishable as provided in s.
1417	775.082 or s. 775.083.
1418	(b)  Any person holding, promoting, or sponsoring a match
1419	prohibited under this section commits a felony of the third
1420	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1421	775.084.
1422	Section 40.  Subsection (1) of section 548.041, Florida
1423	Statutes, is amended to read:
1424	548.041  Age, condition, and suspension of participants.--
1425	(1)  A person may shall not be licensed as a participant,
1426	and the license of a any participant shall be suspended or
1427	revoked, if such person:
1428	(a)  Is under the age of 18;
1429	(b)  Has participated in a match in this state which was
1430	not sanctioned by the commission or by a Native American
1431	commission properly constituted under federal law; or
1432	(c)  Does not meet certain health and medical examination
1433	conditions as required by rule of the commission;.
1434	(d)  Has not competed in a minimum number of amateur boxing
1435	events as determined by commission rule prior to licensure; or
1436	(e)  Has not participated in a minimum number of amateur
1437	mixed martial arts events as determined by commission rule prior
1438	to licensure.
1439	Section 41.  Subsection (1) of section 559.935, Florida
1440	Statutes, is amended to read:
1441	559.935  Exemptions.--
1442	(1)  This part does not apply to:
1443	(a)  A bona fide employee of a seller of travel who is
1444	engaged solely in the business of her or his employer;
1445	(b)  Any direct common carrier of passengers or property
1446	regulated by an agency of the Federal Government or employees of
1447	such carrier when engaged solely in the transportation business
1448	of the carrier as identified in the carrier's certificate;
1449	(c)  An intrastate common carrier of passengers or property
1450	selling only transportation as defined in the applicable state
1451	or local registration or certification, or employees of such
1452	carrier when engaged solely in the transportation business of
1453	the carrier;
1454	(d)  Hotels, motels, or other places of public
1455	accommodation selling public accommodations, or employees of
1456	such hotels, motels, or other places of public accommodation,
1457	when engaged solely in making arrangements for lodging,
1458	accommodations, or sightseeing tours within the state, or taking
1459	reservations for the traveler with times, dates, locations, and
1460	accommodations certain at the time the reservations are made,
1461	provided that hotels and motels registered with the Department
1462	of Business and Professional Regulation pursuant to chapter 509
1463	are excluded from the provisions of this chapter;
1464	(e)  Persons involved solely in the rental, leasing, or
1465	sale of residential property;
1466	(f)  Persons involved solely in the rental, leasing, or
1467	sale of transportation vehicles;
1468	(g)  Persons who make travel arrangements for themselves;
1469	for their employees or agents; for distributors, franchisees, or
1470	dealers of the persons' products or services; for entities which
1471	are financially related to the persons; or for the employees or
1472	agents of the distributor, franchisee, or dealer or financially
1473	related entity;
1474	(h)  A developer of a timeshare plan or an exchange company
1475	approved by the Division of Florida Land Sales, Condominiums,
1476	Timeshares, and Mobile Homes pursuant to chapter 721, but only
1477	to the extent that the developer or exchange company engages in
1478	conduct regulated under chapter 721; or
1479	(i)  Persons or entities engaged solely in offering diving
1480	services, including classes and sales or rentals of equipment,
1481	when engaged in making any prearranged travel-related or
1482	tourist-related services in conjunction with a primarily dive-
1483	related event.
1484	Section 42.  Subsection (17) of section 718.103, Florida
1485	Statutes, is amended to read:
1486	718.103  Definitions.--As used in this chapter, the term:
1487	(17)  "Division" means the Division of Florida Land Sales,
1488	Condominiums, Timeshares, and Mobile Homes of the Department of
1489	Business and Professional Regulation.
1490	Section 43.  Paragraph (c) of subsection (4) of section
1491	718.105, Florida Statutes, is amended to read:
1492	718.105  Recording of declaration.--
1493	(4)
1494	(c)  If the sum of money held by the clerk has not been
1495	paid to the developer or association as provided in paragraph
1496	(b) within by 3 years after the date the declaration was
1497	originally recorded, the clerk in his or her discretion may
1498	notify, in writing, the registered agent of the association that
1499	the sum is still available and the purpose for which it was
1500	deposited. If the association does not record the certificate
1501	within 90 days after the clerk has given the notice, the clerk
1502	may disburse the money to the developer. If the developer cannot
1503	be located, the clerk shall disburse the money to the Division
1504	of Florida Land Sales, Condominiums, Timeshares, and Mobile
1505	Homes for deposit in the Division of Florida Land Sales,
1506	Condominiums, Timeshares, and Mobile Homes Trust Fund.
1507	Section 44.  Subsection (4) of section 718.1255, Florida
1508	Statutes, is amended to read:
1509	718.1255  Alternative dispute resolution; voluntary
1510	mediation; mandatory nonbinding arbitration; legislative
1511	findings.--
1512	(4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1513	DISPUTES.--The Division of Florida Land Sales, Condominiums,
1514	Timeshares, and Mobile Homes of the Department of Business and
1515	Professional Regulation shall employ full-time attorneys to act
1516	as arbitrators to conduct the arbitration hearings provided by
1517	this chapter. The division may also certify attorneys who are
1518	not employed by the division to act as arbitrators to conduct
1519	the arbitration hearings provided by this section. No person may
1520	be employed by the department as a full-time arbitrator unless
1521	he or she is a member in good standing of The Florida Bar. The
1522	department shall adopt promulgate rules of procedure to govern
1523	such arbitration hearings including mediation incident thereto.
1524	The decision of an arbitrator shall be final; however, such a
1525	decision shall not be deemed final agency action. Nothing in
1526	this provision shall be construed to foreclose parties from
1527	proceeding in a trial de novo unless the parties have agreed
1528	that the arbitration is binding. If such judicial proceedings
1529	are initiated, the final decision of the arbitrator shall be
1530	admissible in evidence in the trial de novo.
1531	(a)  Prior to the institution of court litigation, a party
1532	to a dispute shall petition the division for nonbinding
1533	arbitration. The petition must be accompanied by a filing fee in
1534	the amount of $50. Filing fees collected under this section must
1535	be used to defray the expenses of the alternative dispute
1536	resolution program.
1537	(b)  The petition must recite, and have attached thereto,
1538	supporting proof that the petitioner gave the respondents:
1539	1.  Advance written notice of the specific nature of the
1540	dispute;
1541	2.  A demand for relief, and a reasonable opportunity to
1542	comply or to provide the relief; and
1543	3.  Notice of the intention to file an arbitration petition
1544	or other legal action in the absence of a resolution of the
1545	dispute.
1546
1547	Failure to include the allegations or proof of compliance with
1548	these prerequisites requires dismissal of the petition without
1549	prejudice.
1550	(c)  Upon receipt, the petition shall be promptly reviewed
1551	by the division to determine the existence of a dispute and
1552	compliance with the requirements of paragraphs (a) and (b). If
1553	emergency relief is required and is not available through
1554	arbitration, a motion to stay the arbitration may be filed. The
1555	motion must be accompanied by a verified petition alleging facts
1556	that, if proven, would support entry of a temporary injunction,
1557	and if an appropriate motion and supporting papers are filed,
1558	the division may abate the arbitration pending a court hearing
1559	and disposition of a motion for temporary injunction.
1560	(d)  Upon determination by the division that a dispute
1561	exists and that the petition substantially meets the
1562	requirements of paragraphs (a) and (b) and any other applicable
1563	rules, a copy of the petition shall forthwith be served by the
1564	division upon all respondents.
1565	(e)  Either Before or after the filing of the respondents'
1566	answer to the petition, any party may request that the
1567	arbitrator refer the case to mediation under this section and
1568	any rules adopted by the division. Upon receipt of a request for
1569	mediation, the division shall promptly contact the parties to
1570	determine if there is agreement that mediation would be
1571	appropriate. If all parties agree, the dispute must be referred
1572	to mediation. Notwithstanding a lack of an agreement by all
1573	parties, the arbitrator may refer a dispute to mediation at any
1574	time.
1575	(f)  Upon referral of a case to mediation, the parties must
1576	select a mutually acceptable mediator. To assist in the
1577	selection, the arbitrator shall provide the parties with a list
1578	of both volunteer and paid mediators that have been certified by
1579	the division under s. 718.501. If the parties are unable to
1580	agree on a mediator within the time allowed by the arbitrator,
1581	the arbitrator shall appoint a mediator from the list of
1582	certified mediators. If a case is referred to mediation, the
1583	parties shall attend a mediation conference, as scheduled by the
1584	parties and the mediator. If any party fails to attend a duly
1585	noticed mediation conference, without the permission or approval
1586	of the arbitrator or mediator, the arbitrator must impose
1587	sanctions against the party, including the striking of any
1588	pleadings filed, the entry of an order of dismissal or default
1589	if appropriate, and the award of costs and attorneys' fees
1590	incurred by the other parties. Unless otherwise agreed to by the
1591	parties or as provided by order of the arbitrator, a party is
1592	deemed to have appeared at a mediation conference by the
1593	physical presence of the party or its representative having full
1594	authority to settle without further consultation, provided that
1595	an association may comply by having one or more representatives
1596	present with full authority to negotiate a settlement and
1597	recommend that the board of administration ratify and approve
1598	such a settlement within 5 days from the date of the mediation
1599	conference. The parties shall share equally the expense of
1600	mediation, unless they agree otherwise.
1601	(g)  The purpose of mediation as provided for by this
1602	section is to present the parties with an opportunity to resolve
1603	the underlying dispute in good faith, and with a minimum
1604	expenditure of time and resources.
1605	(h)  Mediation proceedings must generally be conducted in
1606	accordance with the Florida Rules of Civil Procedure, and these
1607	proceedings are privileged and confidential to the same extent
1608	as court-ordered mediation. Persons who are not parties to the
1609	dispute are not allowed to attend the mediation conference
1610	without the consent of all parties, with the exception of
1611	counsel for the parties and corporate representatives designated
1612	to appear for a party. If the mediator declares an impasse after
1613	a mediation conference has been held, the arbitration proceeding
1614	terminates, unless all parties agree in writing to continue the
1615	arbitration proceeding, in which case the arbitrator's decision
1616	shall be either binding or nonbinding, as agreed upon by the
1617	parties; in the arbitration proceeding, the arbitrator shall not
1618	consider any evidence relating to the unsuccessful mediation
1619	except in a proceeding to impose sanctions for failure to appear
1620	at the mediation conference. If the parties do not agree to
1621	continue arbitration, the arbitrator shall enter an order of
1622	dismissal, and either party may institute a suit in a court of
1623	competent jurisdiction. The parties may seek to recover any
1624	costs and attorneys' fees incurred in connection with
1625	arbitration and mediation proceedings under this section as part
1626	of the costs and fees that may be recovered by the prevailing
1627	party in any subsequent litigation.
1628	(i)  Arbitration shall be conducted according to rules
1629	adopted promulgated by the division. The filing of a petition
1630	for arbitration shall toll the applicable statute of
1631	limitations.
1632	(j)  At the request of any party to the arbitration, the
1633	such arbitrator shall issue subpoenas for the attendance of
1634	witnesses and the production of books, records, documents, and
1635	other evidence and any party on whose behalf a subpoena is
1636	issued may apply to the court for orders compelling such
1637	attendance and production. Subpoenas shall be served and shall
1638	be enforceable in the manner provided by the Florida Rules of
1639	Civil Procedure. Discovery may, in the discretion of the
1640	arbitrator, be permitted in the manner provided by the Florida
1641	Rules of Civil Procedure. Rules adopted by the division may
1642	authorize any reasonable sanctions except contempt for a
1643	violation of the arbitration procedural rules of the division or
1644	for the failure of a party to comply with a reasonable nonfinal
1645	order issued by an arbitrator which is not under judicial
1646	review.
1647	(k)  The arbitration decision shall be presented to the
1648	parties in writing. An arbitration decision is final in those
1649	disputes in which the parties have agreed to be bound. An
1650	arbitration decision is also final if a complaint for a trial de
1651	novo is not filed in a court of competent jurisdiction in which
1652	the condominium is located within 30 days. The right to file for
1653	a trial de novo entitles the parties to file a complaint in the
1654	appropriate trial court for a judicial resolution of the
1655	dispute. The prevailing party in an arbitration proceeding shall
1656	be awarded the costs of the arbitration and reasonable
1657	attorney's fees in an amount determined by the arbitrator. Such
1658	an award shall include the costs and reasonable attorney's fees
1659	incurred in the arbitration proceeding as well as the costs and
1660	reasonable attorney's fees incurred in preparing for and
1661	attending any scheduled mediation.
1662	(l)  The party who files a complaint for a trial de novo
1663	shall be assessed the other party's arbitration costs, court
1664	costs, and other reasonable costs, including attorney's fees,
1665	investigation expenses, and expenses for expert or other
1666	testimony or evidence incurred after the arbitration hearing if
1667	the judgment upon the trial de novo is not more favorable than
1668	the arbitration decision. If the judgment is more favorable, the
1669	party who filed a complaint for trial de novo shall be awarded
1670	reasonable court costs and attorney's fees.
1671	(m)  Any party to an arbitration proceeding may enforce an
1672	arbitration award by filing a petition in a court of competent
1673	jurisdiction in which the condominium is located. A petition may
1674	not be granted unless the time for appeal by the filing of a
1675	complaint for trial de novo has expired. If a complaint for a
1676	trial de novo has been filed, a petition may not be granted with
1677	respect to an arbitration award that has been stayed. If the
1678	petition for enforcement is granted, the petitioner shall
1679	recover reasonable attorney's fees and costs incurred in
1680	enforcing the arbitration award. A mediation settlement may also
1681	be enforced through the county or circuit court, as applicable,
1682	and any costs and fees incurred in the enforcement of a
1683	settlement agreement reached at mediation must be awarded to the
1684	prevailing party in any enforcement action.
1685	Section 45.  Section 718.501, Florida Statutes, is amended
1686	to read:
1687	718.501  Powers and duties of Division of Florida Land
1688	Sales, Condominiums, Timeshares, and Mobile Homes.--
1689	(1)  The Division of Florida Land Sales, Condominiums,
1690	Timeshares, and Mobile Homes of the Department of Business and
1691	Professional Regulation, referred to as the "division" in this
1692	part, in addition to other powers and duties prescribed by
1693	chapter 498, has the power to enforce and ensure compliance with
1694	the provisions of this chapter and rules promulgated pursuant
1695	hereto relating to the development, construction, sale, lease,
1696	ownership, operation, and management of residential condominium
1697	units. In performing its duties, the division has the following
1698	powers and duties:
1699	(a)1.  The division may make necessary public or private
1700	investigations within or outside this state to determine whether
1701	any person has violated this chapter or any rule or order
1702	hereunder, to aid in the enforcement of this chapter, or to aid
1703	in the adoption of rules or forms hereunder.
1704	2.  The division may submit any official written report,
1705	worksheet, or other related paper, or a duly certified copy
1706	thereof, compiled, prepared, drafted, or otherwise made by and
1707	duly authenticated by a financial examiner or analyst to be
1708	admitted as competent evidence in any hearing in which the
1709	financial examiner or analyst is available for cross-examination
1710	and attests under oath that such documents were prepared as a
1711	result of an examination or inspection conducted pursuant to
1712	this chapter.
1713	(b)  The division may require or permit any person to file
1714	a statement in writing, under oath or otherwise, as the division
1715	determines, as to the facts and circumstances concerning a
1716	matter to be investigated.
1717	(c)  For the purpose of any investigation under this
1718	chapter, the division director or any officer or employee
1719	designated by the division director may administer oaths or
1720	affirmations, subpoena witnesses and compel their attendance,
1721	take evidence, and require the production of any matter which is
1722	relevant to the investigation, including the existence,
1723	description, nature, custody, condition, and location of any
1724	books, documents, or other tangible things and the identity and
1725	location of persons having knowledge of relevant facts or any
1726	other matter reasonably calculated to lead to the discovery of
1727	material evidence. Upon the failure by a person to obey a
1728	subpoena or to answer questions propounded by the investigating
1729	officer and upon reasonable notice to all persons affected
1730	thereby, the division may apply to the circuit court for an
1731	order compelling compliance.
1732	(d)  Notwithstanding any remedies available to unit owners
1733	and associations, if the division has reasonable cause to
1734	believe that a violation of any provision of this chapter or
1735	related rule promulgated pursuant hereto has occurred, the
1736	division may institute enforcement proceedings in its own name
1737	against any developer, association, officer, or member of the
1738	board of administration, or its assignees or agents, as follows:
1739	1.  The division may permit a person whose conduct or
1740	actions may be under investigation to waive formal proceedings
1741	and enter into a consent proceeding whereby orders, rules, or
1742	letters of censure or warning, whether formal or informal, may
1743	be entered against the person.
1744	2.  The division may issue an order requiring the
1745	developer, association, officer, or member of the board of
1746	administration, or its assignees or agents, to cease and desist
1747	from the unlawful practice and take such affirmative action as
1748	in the judgment of the division will carry out the purposes of
1749	this chapter. Such affirmative action may include, but is not
1750	limited to, an order requiring a developer to pay moneys
1751	determined to be owed to a condominium association. If the
1752	division finds that a developer, association, officer, or member
1753	of the board of administration, or its assignees or agents, is
1754	violating or is about to violate any provision of this chapter,
1755	any rule adopted or order issued by the division, or any written
1756	agreement entered into with the division, and presents an
1757	immediate danger to the public requiring an immediate final
1758	order, it may issue an emergency cease and desist order reciting
1759	with particularity the facts underlying such findings. The
1760	emergency cease and desist order is effective for 90 days. If
1761	the division begins nonemergency cease and desist proceedings,
1762	the emergency cease and desist order remains effective until the
1763	conclusion of the proceedings under ss. 120.569 and 120.57.
1764	3.  The division may bring an action in circuit court on
1765	behalf of a class of unit owners, lessees, or purchasers for
1766	declaratory relief, injunctive relief, or restitution.
1767	4.  The division may petition the court for the appointment
1768	of a receiver or conservator. If appointed, the receiver or
1769	conservator may take action to implement the court order to
1770	ensure the performance of the order and to remedy any breach
1771	thereof. In addition to all other means provided by law for the
1772	enforcement of an injunction or temporary restraining order, the
1773	circuit court may impound or sequester the property of a party
1774	defendant, including books, papers, documents, and related
1775	records, and allow the examination and use of the property by
1776	the division and a court-appointed receiver or conservator.
1777	5.  The division may apply to the circuit court for an
1778	order of restitution whereby the defendant in an action brought
1779	pursuant to subparagraph 4. shall be ordered to make restitution
1780	of those sums shown by the division to have been obtained by the
1781	defendant in violation of this chapter. Such restitution shall,
1782	at the option of the court, be payable to the conservator or
1783	receiver appointed pursuant to subparagraph 4. or directly to
1784	the persons whose funds or assets were obtained in violation of
1785	this chapter.
1786	6.4.  The division may impose a civil penalty against a
1787	developer or association, or its assignee or agent, for any
1788	violation of this chapter or a rule adopted under this chapter
1789	promulgated pursuant hereto. The division may impose a civil
1790	penalty individually against any officer or board member who
1791	willfully and knowingly violates a provision of this chapter,
1792	adopted a rule adopted pursuant hereto, or a final order of the
1793	division. The term "willfully and knowingly" means that the
1794	division informed the officer or board member that his or her
1795	action or intended action violates this chapter, a rule adopted
1796	under this chapter, or a final order of the division and that
1797	the officer or board member refused to comply with the
1798	requirements of this chapter, a rule adopted under this chapter,
1799	or a final order of the division. The division, prior to
1800	initiating formal agency action under chapter 120, shall afford
1801	the officer or board member an opportunity to voluntarily comply
1802	with this chapter, a rule adopted under this chapter, or a final
1803	order of the division. An officer or board member who complies
1804	within 10 days is not subject to a civil penalty. A penalty may
1805	be imposed on the basis of each day of continuing violation, but
1806	in no event shall the penalty for any offense exceed $5,000. By
1807	January 1, 1998, the division shall adopt, by rule, penalty
1808	guidelines applicable to possible violations or to categories of
1809	violations of this chapter or rules adopted by the division. The
1810	guidelines must specify a meaningful range of civil penalties
1811	for each such violation of the statute and rules and must be
1812	based upon the harm caused by the violation, the repetition of
1813	the violation, and upon such other factors deemed relevant by
1814	the division. For example, the division may consider whether the
1815	violations were committed by a developer or owner-controlled
1816	association, the size of the association, and other factors. The
1817	guidelines must designate the possible mitigating or aggravating
1818	circumstances that justify a departure from the range of
1819	penalties provided by the rules. It is the legislative intent
1820	that minor violations be distinguished from those which endanger
1821	the health, safety, or welfare of the condominium residents or
1822	other persons and that such guidelines provide reasonable and
1823	meaningful notice to the public of likely penalties that may be
1824	imposed for proscribed conduct. This subsection does not limit
1825	the ability of the division to informally dispose of
1826	administrative actions or complaints by stipulation, agreed
1827	settlement, or consent order. All amounts collected shall be
1828	deposited with the Chief Financial Officer to the credit of the
1829	Division of Florida Land Sales, Condominiums, Timeshares, and
1830	Mobile Homes Trust Fund. If a developer fails to pay the civil
1831	penalty, the division shall thereupon issue an order directing
1832	that such developer cease and desist from further operation
1833	until such time as the civil penalty is paid or may pursue
1834	enforcement of the penalty in a court of competent jurisdiction.
1835	If an association fails to pay the civil penalty, the division
1836	shall thereupon pursue enforcement in a court of competent
1837	jurisdiction, and the order imposing the civil penalty or the
1838	cease and desist order will not become effective until 20 days
1839	after the date of such order. Any action commenced by the
1840	division shall be brought in the county in which the division
1841	has its executive offices or in the county where the violation
1842	occurred.
1843	7.  In addition to subparagraph 6., the division may seek
1844	the imposition of a civil penalty through the circuit court for
1845	any violation for which the division may issue a notice to show
1846	cause under paragraph (q). The civil penalty shall be at least
1847	$500 but no more than $5,000 for each violation. The court may
1848	also award to the prevailing party court costs and reasonable
1849	attorney's fees and, if the division prevails, may also award
1850	reasonable costs of investigation.
1851	(e)  The division may is authorized to prepare and
1852	disseminate a prospectus and other information to assist
1853	prospective owners, purchasers, lessees, and developers of
1854	residential condominiums in assessing the rights, privileges,
1855	and duties pertaining thereto.
1856	(f)  The division has authority to adopt rules pursuant to
1857	ss. 120.536(1) and 120.54 to implement and enforce the
1858	provisions of this chapter.
1859	(g)  The division shall establish procedures for providing
1860	notice to an association when the division is considering the
1861	issuance of a declaratory statement with respect to the
1862	declaration of condominium or any related document governing in
1863	such condominium community.
1864	(h)  The division shall furnish each association which pays
1865	the fees required by paragraph (2)(a) a copy of this act,
1866	subsequent changes to this act on an annual basis, an amended
1867	version of this act as it becomes available from the Secretary
1868	of State's office on a biennial basis, and the rules adopted
1869	promulgated pursuant thereto on an annual basis.
1870	(i)  The division shall annually provide each association
1871	with a summary of declaratory statements and formal legal
1872	opinions relating to the operations of condominiums which were
1873	rendered by the division during the previous year.
1874	(j)  The division shall provide training programs for
1875	condominium association board members and unit owners.
1876	(k)  The division shall maintain a toll-free telephone
1877	number accessible to condominium unit owners.
1878	(l)  The division shall develop a program to certify both
1879	volunteer and paid mediators to provide mediation of condominium
1880	disputes. The division shall provide, upon request, a list of
1881	such mediators to any association, unit owner, or other
1882	participant in arbitration proceedings under s. 718.1255
1883	requesting a copy of the list. The division shall include on the
1884	list of volunteer mediators only the names of persons who have
1885	received at least 20 hours of training in mediation techniques
1886	or who have mediated at least 20 disputes. In order to become
1887	initially certified by the division, paid mediators must be
1888	certified by the Supreme Court to mediate court cases in either
1889	county or circuit courts. However, the division may adopt, by
1890	rule, additional factors for the certification of paid
1891	mediators, which factors must be related to experience,
1892	education, or background. Any person initially certified as a
1893	paid mediator by the division must, in order to continue to be
1894	certified, comply with the factors or requirements imposed by
1895	rules adopted by the division.
1896	(m)  When a complaint is made, the division shall conduct
1897	its inquiry with due regard to the interests of the affected
1898	parties. Within 30 days after receipt of a complaint, the
1899	division shall acknowledge the complaint in writing and notify
1900	the complainant whether the complaint is within the jurisdiction
1901	of the division and whether additional information is needed by
1902	the division from the complainant. The division shall conduct
1903	its investigation and shall, within 90 days after receipt of the
1904	original complaint or of timely requested additional
1905	information, take action upon the complaint. However, the
1906	failure to complete the investigation within 90 days does not
1907	prevent the division from continuing the investigation,
1908	accepting or considering evidence obtained or received after 90
1909	days, or taking administrative action if reasonable cause exists
1910	to believe that a violation of this chapter or a rule of the
1911	division has occurred. If an investigation is not completed
1912	within the time limits established in this paragraph, the
1913	division shall, on a monthly basis, notify the complainant in
1914	writing of the status of the investigation. When reporting its
1915	action to the complainant, the division shall inform the
1916	complainant of any right to a hearing pursuant to ss. 120.569
1917	and 120.57.
1918	(n)  The division may:
1919	1.  Contract with agencies in this state or other
1920	jurisdictions to perform investigative functions; or
1921	2.  Accept grants-in-aid from any source.
1922	(o)  The division shall cooperate with similar agencies in
1923	other jurisdictions to establish uniform filing procedures and
1924	forms, public offering statements, advertising standards, and
1925	rules and common administrative practices.
1926	(p)  The division shall consider notice to a developer to
1927	be complete when it is delivered to the developer's address
1928	currently on file with the division.
1929	(q)  In addition to its enforcement authority, the division
1930	may issue a notice to show cause, which shall provide for a
1931	hearing, upon written request, in accordance with chapter 120.
1932	(2)(a)  Effective January 1, 1992, Each condominium
1933	association which operates more than two units shall pay to the
1934	division an annual fee in the amount of $4 for each residential
1935	unit in condominiums operated by the association. If the fee is
1936	not paid by March 1, then the association shall be assessed a
1937	penalty of 10 percent of the amount due, and the association
1938	will not have standing to maintain or defend any action in the
1939	courts of this state until the amount due, plus any penalty, is
1940	paid.
1941	(b)  All fees shall be deposited in the Division of Florida
1942	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
1943	Fund as provided by law.
1944	Section 46.  Subsection (1) of section 718.5011, Florida
1945	Statutes, is amended to read:
1946	718.5011  Ombudsman; appointment; administration.--
1947	(1)  There is created an Office of the Condominium
1948	Ombudsman, to be located for administrative purposes within the
1949	Division of Florida Land Sales, Condominiums, Timeshares, and
1950	Mobile Homes. The functions of the office shall be funded by the
1951	Division of Florida Land Sales, Condominiums, Timeshares, and
1952	Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
1953	of the division, and the office shall be set within the division
1954	in the same manner as any other bureau is staffed and funded.
1955	Section 47.  Paragraph (a) of subsection (2) of section
1956	718.502, Florida Statutes, is amended to read:
1957	718.502  Filing prior to sale or lease.--
1958	(2)(a)  Prior to filing as required by subsection (1), and
1959	prior to acquiring an ownership, leasehold, or contractual
1960	interest in the land upon which the condominium is to be
1961	developed, a developer shall not offer a contract for purchase
1962	of a unit or lease of a unit for more than 5 years. However, the
1963	developer may accept deposits for reservations upon the approval
1964	of a fully executed escrow agreement and reservation agreement
1965	form properly filed with the Division of Florida Land Sales,
1966	Condominiums, Timeshares, and Mobile Homes. Each filing of a
1967	proposed reservation program shall be accompanied by a filing
1968	fee of $250. Reservations shall not be taken on a proposed
1969	condominium unless the developer has an ownership, leasehold, or
1970	contractual interest in the land upon which the condominium is
1971	to be developed. The division shall notify the developer within
1972	20 days of receipt of the reservation filing of any deficiencies
1973	contained therein. Such notification shall not preclude the
1974	determination of reservation filing deficiencies at a later
1975	date, nor shall it relieve the developer of any responsibility
1976	under the law. The escrow agreement and the reservation
1977	agreement form shall include a statement of the right of the
1978	prospective purchaser to an immediate unqualified refund of the
1979	reservation deposit moneys upon written request to the escrow
1980	agent by the prospective purchaser or the developer.
1981	Section 48.  Section 718.504, Florida Statutes, is amended
1982	to read:
1983	718.504  Prospectus or offering circular.--Every developer
1984	of a residential condominium which contains more than 20
1985	residential units, or which is part of a group of residential
1986	condominiums which will be served by property to be used in
1987	common by unit owners of more than 20 residential units, shall
1988	prepare a prospectus or offering circular and file it with the
1989	Division of Florida Land Sales, Condominiums, Timeshares, and
1990	Mobile Homes prior to entering into an enforceable contract of
1991	purchase and sale of any unit or lease of a unit for more than 5
1992	years and shall furnish a copy of the prospectus or offering
1993	circular to each buyer. In addition to the prospectus or
1994	offering circular, each buyer shall be furnished a separate page
1995	entitled "Frequently Asked Questions and Answers," which shall
1996	be in accordance with a format approved by the division and a
1997	copy of the financial information required by s. 718.111. This
1998	page shall, in readable language, inform prospective purchasers
1999	regarding their voting rights and unit use restrictions,
2000	including restrictions on the leasing of a unit; shall indicate
2001	whether and in what amount the unit owners or the association is
2002	obligated to pay rent or land use fees for recreational or other
2003	commonly used facilities; shall contain a statement identifying
2004	that amount of assessment which, pursuant to the budget, would
2005	be levied upon each unit type, exclusive of any special
2006	assessments, and which shall further identify the basis upon
2007	which assessments are levied, whether monthly, quarterly, or
2008	otherwise; shall state and identify any court cases in which the
2009	association is currently a party of record in which the
2010	association may face liability in excess of $100,000; and which
2011	shall further state whether membership in a recreational
2012	facilities association is mandatory, and if so, shall identify
2013	the fees currently charged per unit type. The division shall by
2014	rule require such other disclosure as in its judgment will
2015	assist prospective purchasers. The prospectus or offering
2016	circular may include more than one condominium, although not all
2017	such units are being offered for sale as of the date of the
2018	prospectus or offering circular. The prospectus or offering
2019	circular must contain the following information:
2020	(1)  The front cover or the first page must contain only:
2021	(a)  The name of the condominium.
2022	(b)  The following statements in conspicuous type:
2023	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2024	MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2025	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2026	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2027	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2028	MATERIALS.
2029	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2030	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2031	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2032	REPRESENTATIONS.
2033	(2)  Summary: The next page must contain all statements
2034	required to be in conspicuous type in the prospectus or offering
2035	circular.
2036	(3)  A separate index of the contents and exhibits of the
2037	prospectus.
2038	(4)  Beginning on the first page of the text (not including
2039	the summary and index), a description of the condominium,
2040	including, but not limited to, the following information:
2041	(a)  Its name and location.
2042	(b)  A description of the condominium property, including,
2043	without limitation:
2044	1.  The number of buildings, the number of units in each
2045	building, the number of bathrooms and bedrooms in each unit, and
2046	the total number of units, if the condominium is not a phase
2047	condominium, or the maximum number of buildings that may be
2048	contained within the condominium, the minimum and maximum
2049	numbers of units in each building, the minimum and maximum
2050	numbers of bathrooms and bedrooms that may be contained in each
2051	unit, and the maximum number of units that may be contained
2052	within the condominium, if the condominium is a phase
2053	condominium.
2054	2.  The page in the condominium documents where a copy of
2055	the plot plan and survey of the condominium is located.
2056	3.  The estimated latest date of completion of
2057	constructing, finishing, and equipping. In lieu of a date, the
2058	description shall include a statement that the estimated date of
2059	completion of the condominium is in the purchase agreement and a
2060	reference to the article or paragraph containing that
2061	information.
2062	(c)  The maximum number of units that will use facilities
2063	in common with the condominium. If the maximum number of units
2064	will vary, a description of the basis for variation and the
2065	minimum amount of dollars per unit to be spent for additional
2066	recreational facilities or enlargement of such facilities. If
2067	the addition or enlargement of facilities will result in a
2068	material increase of a unit owner's maintenance expense or
2069	rental expense, if any, the maximum increase and limitations
2070	thereon shall be stated.
2071	(5)(a)  A statement in conspicuous type describing whether
2072	the condominium is created and being sold as fee simple
2073	interests or as leasehold interests. If the condominium is
2074	created or being sold on a leasehold, the location of the lease
2075	in the disclosure materials shall be stated.
2076	(b)  If timeshare estates are or may be created with
2077	respect to any unit in the condominium, a statement in
2078	conspicuous type stating that timeshare estates are created and
2079	being sold in units in the condominium.
2080	(6)  A description of the recreational and other commonly
2081	used facilities that will be used only by unit owners of the
2082	condominium, including, but not limited to, the following:
2083	(a)  Each room and its intended purposes, location,
2084	approximate floor area, and capacity in numbers of people.
2085	(b)  Each swimming pool, as to its general location,
2086	approximate size and depths, approximate deck size and capacity,
2087	and whether heated.
2088	(c)  Additional facilities, as to the number of each
2089	facility, its approximate location, approximate size, and
2090	approximate capacity.
2091	(d)  A general description of the items of personal
2092	property and the approximate number of each item of personal
2093	property that the developer is committing to furnish for each
2094	room or other facility or, in the alternative, a representation
2095	as to the minimum amount of expenditure that will be made to
2096	purchase the personal property for the facility.
2097	(e)  The estimated date when each room or other facility
2098	will be available for use by the unit owners.
2099	(f)1.  An identification of each room or other facility to
2100	be used by unit owners that will not be owned by the unit owners
2101	or the association;
2102	2.  A reference to the location in the disclosure materials
2103	of the lease or other agreements providing for the use of those
2104	facilities; and
2105	3.  A description of the terms of the lease or other
2106	agreements, including the length of the term; the rent payable,
2107	directly or indirectly, by each unit owner, and the total rent
2108	payable to the lessor, stated in monthly and annual amounts for
2109	the entire term of the lease; and a description of any option to
2110	purchase the property leased under any such lease, including the
2111	time the option may be exercised, the purchase price or how it
2112	is to be determined, the manner of payment, and whether the
2113	option may be exercised for a unit owner's share or only as to
2114	the entire leased property.
2115	(g)  A statement as to whether the developer may provide
2116	additional facilities not described above; their general
2117	locations and types; improvements or changes that may be made;
2118	the approximate dollar amount to be expended; and the maximum
2119	additional common expense or cost to the individual unit owners
2120	that may be charged during the first annual period of operation
2121	of the modified or added facilities.
2122
2123	Descriptions as to locations, areas, capacities, numbers,
2124	volumes, or sizes may be stated as approximations or minimums.
2125	(7)  A description of the recreational and other facilities
2126	that will be used in common with other condominiums, community
2127	associations, or planned developments which require the payment
2128	of the maintenance and expenses of such facilities, either
2129	directly or indirectly, by the unit owners. The description
2130	shall include, but not be limited to, the following:
2131	(a)  Each building and facility committed to be built.
2132	(b)  Facilities not committed to be built except under
2133	certain conditions, and a statement of those conditions or
2134	contingencies.
2135	(c)  As to each facility committed to be built, or which
2136	will be committed to be built upon the happening of one of the
2137	conditions in paragraph (b), a statement of whether it will be
2138	owned by the unit owners having the use thereof or by an
2139	association or other entity which will be controlled by them, or
2140	others, and the location in the exhibits of the lease or other
2141	document providing for use of those facilities.
2142	(d)  The year in which each facility will be available for
2143	use by the unit owners or, in the alternative, the maximum
2144	number of unit owners in the project at the time each of all of
2145	the facilities is committed to be completed.
2146	(e)  A general description of the items of personal
2147	property, and the approximate number of each item of personal
2148	property, that the developer is committing to furnish for each
2149	room or other facility or, in the alternative, a representation
2150	as to the minimum amount of expenditure that will be made to
2151	purchase the personal property for the facility.
2152	(f)  If there are leases, a description thereof, including
2153	the length of the term, the rent payable, and a description of
2154	any option to purchase.
2155
2156	Descriptions shall include location, areas, capacities, numbers,
2157	volumes, or sizes and may be stated as approximations or
2158	minimums.
2159	(8)  Recreation lease or associated club membership:
2160	(a)  If any recreational facilities or other facilities
2161	offered by the developer and available to, or to be used by,
2162	unit owners are to be leased or have club membership associated,
2163	the following statement in conspicuous type shall be included:
2164	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2165	CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2166	CONDOMINIUM. There shall be a reference to the location in the
2167	disclosure materials where the recreation lease or club
2168	membership is described in detail.
2169	(b)  If it is mandatory that unit owners pay a fee, rent,
2170	dues, or other charges under a recreational facilities lease or
2171	club membership for the use of facilities, there shall be in
2172	conspicuous type the applicable statement:
2173	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2174	MANDATORY FOR UNIT OWNERS; or
2175	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2176	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2177	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2178	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2179	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2180	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2181	4.  A similar statement of the nature of the organization
2182	or the manner in which the use rights are created, and that unit
2183	owners are required to pay.
2184
2185	Immediately following the applicable statement, the location in
2186	the disclosure materials where the development is described in
2187	detail shall be stated.
2188	(c)  If the developer, or any other person other than the
2189	unit owners and other persons having use rights in the
2190	facilities, reserves, or is entitled to receive, any rent, fee,
2191	or other payment for the use of the facilities, then there shall
2192	be the following statement in conspicuous type: THE UNIT OWNERS
2193	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2194	RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
2195	following this statement, the location in the disclosure
2196	materials where the rent or land use fees are described in
2197	detail shall be stated.
2198	(d)  If, in any recreation format, whether leasehold, club,
2199	or other, any person other than the association has the right to
2200	a lien on the units to secure the payment of assessments, rent,
2201	or other exactions, there shall appear a statement in
2202	conspicuous type in substantially the following form:
2203	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2204	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2205	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2206	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2207	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2208	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2209	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2210	OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
2211	THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2212
2213	Immediately following the applicable statement, the location in
2214	the disclosure materials where the lien or lien right is
2215	described in detail shall be stated.
2216	(9)  If the developer or any other person has the right to
2217	increase or add to the recreational facilities at any time after
2218	the establishment of the condominium whose unit owners have use
2219	rights therein, without the consent of the unit owners or
2220	associations being required, there shall appear a statement in
2221	conspicuous type in substantially the following form:
2222	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2223	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2224	statement, the location in the disclosure materials where such
2225	reserved rights are described shall be stated.
2226	(10)  A statement of whether the developer's plan includes
2227	a program of leasing units rather than selling them, or leasing
2228	units and selling them subject to such leases. If so, there
2229	shall be a description of the plan, including the number and
2230	identification of the units and the provisions and term of the
2231	proposed leases, and a statement in boldfaced type that: THE
2232	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2233	(11)  The arrangements for management of the association
2234	and maintenance and operation of the condominium property and of
2235	other property that will serve the unit owners of the
2236	condominium property, and a description of the management
2237	contract and all other contracts for these purposes having a
2238	term in excess of 1 year, including the following:
2239	(a)  The names of contracting parties.
2240	(b)  The term of the contract.
2241	(c)  The nature of the services included.
2242	(d)  The compensation, stated on a monthly and annual
2243	basis, and provisions for increases in the compensation.
2244	(e)  A reference to the volumes and pages of the
2245	condominium documents and of the exhibits containing copies of
2246	such contracts.
2247
2248	Copies of all described contracts shall be attached as exhibits.
2249	If there is a contract for the management of the condominium
2250	property, then a statement in conspicuous type in substantially
2251	the following form shall appear, identifying the proposed or
2252	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2253	THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
2254	CONTRACT MANAGER). Immediately following this statement, the
2255	location in the disclosure materials of the contract for
2256	management of the condominium property shall be stated.
2257	(12)  If the developer or any other person or persons other
2258	than the unit owners has the right to retain control of the
2259	board of administration of the association for a period of time
2260	which can exceed 1 year after the closing of the sale of a
2261	majority of the units in that condominium to persons other than
2262	successors or alternate developers, then a statement in
2263	conspicuous type in substantially the following form shall be
2264	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2265	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2266	HAVE BEEN SOLD. Immediately following this statement, the
2267	location in the disclosure materials where this right to control
2268	is described in detail shall be stated.
2269	(13)  If there are any restrictions upon the sale,
2270	transfer, conveyance, or leasing of a unit, then a statement in
2271	conspicuous type in substantially the following form shall be
2272	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2273	CONTROLLED. Immediately following this statement, the location
2274	in the disclosure materials where the restriction, limitation,
2275	or control on the sale, lease, or transfer of units is described
2276	in detail shall be stated.
2277	(14)  If the condominium is part of a phase project, the
2278	following information shall be stated:
2279	(a)  A statement in conspicuous type in substantially the
2280	following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
2281	UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
2282	this statement, the location in the disclosure materials where
2283	the phasing is described shall be stated.
2284	(b)  A summary of the provisions of the declaration which
2285	provide for the phasing.
2286	(c)  A statement as to whether or not residential buildings
2287	and units which are added to the condominium may be
2288	substantially different from the residential buildings and units
2289	originally in the condominium. If the added residential
2290	buildings and units may be substantially different, there shall
2291	be a general description of the extent to which such added
2292	residential buildings and units may differ, and a statement in
2293	conspicuous type in substantially the following form shall be
2294	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
2295	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2296	UNITS IN THE CONDOMINIUM. Immediately following this statement,
2297	the location in the disclosure materials where the extent to
2298	which added residential buildings and units may substantially
2299	differ is described shall be stated.
2300	(d)  A statement of the maximum number of buildings
2301	containing units, the maximum and minimum numbers of units in
2302	each building, the maximum number of units, and the minimum and
2303	maximum square footage of the units that may be contained within
2304	each parcel of land which may be added to the condominium.
2305	(15)  If a condominium created on or after July 1, 2000, is
2306	or may become part of a multicondominium, the following
2307	information must be provided:
2308	(a)  A statement in conspicuous type in substantially the
2309	following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
2310	MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
2311	(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
2312	this statement, the location in the prospectus or offering
2313	circular and its exhibits where the multicondominium aspects of
2314	the offering are described must be stated.
2315	(b)  A summary of the provisions in the declaration,
2316	articles of incorporation, and bylaws which establish and
2317	provide for the operation of the multicondominium, including a
2318	statement as to whether unit owners in the condominium will have
2319	the right to use recreational or other facilities located or
2320	planned to be located in other condominiums operated by the same
2321	association, and the manner of sharing the common expenses
2322	related to such facilities.
2323	(c)  A statement of the minimum and maximum number of
2324	condominiums, and the minimum and maximum number of units in
2325	each of those condominiums, which will or may be operated by the
2326	association, and the latest date by which the exact number will
2327	be finally determined.
2328	(d)  A statement as to whether any of the condominiums in
2329	the multicondominium may include units intended to be used for
2330	nonresidential purposes and the purpose or purposes permitted
2331	for such use.
2332	(e)  A general description of the location and approximate
2333	acreage of any land on which any additional condominiums to be
2334	operated by the association may be located.
2335	(16)  If the condominium is created by conversion of
2336	existing improvements, the following information shall be
2337	stated:
2338	(a)  The information required by s. 718.616.
2339	(b)  A caveat that there are no express warranties unless
2340	they are stated in writing by the developer.
2341	(17)  A summary of the restrictions, if any, to be imposed
2342	on units concerning the use of any of the condominium property,
2343	including statements as to whether there are restrictions upon
2344	children and pets, and reference to the volumes and pages of the
2345	condominium documents where such restrictions are found, or if
2346	such restrictions are contained elsewhere, then a copy of the
2347	documents containing the restrictions shall be attached as an
2348	exhibit.
2349	(18)  If there is any land that is offered by the developer
2350	for use by the unit owners and that is neither owned by them nor
2351	leased to them, the association, or any entity controlled by
2352	unit owners and other persons having the use rights to such
2353	land, a statement shall be made as to how such land will serve
2354	the condominium. If any part of such land will serve the
2355	condominium, the statement shall describe the land and the
2356	nature and term of service, and the declaration or other
2357	instrument creating such servitude shall be included as an
2358	exhibit.
2359	(19)  The manner in which utility and other services,
2360	including, but not limited to, sewage and waste disposal, water
2361	supply, and storm drainage, will be provided and the person or
2362	entity furnishing them.
2363	(20)  An explanation of the manner in which the
2364	apportionment of common expenses and ownership of the common
2365	elements has been determined.
2366	(21)  An estimated operating budget for the condominium and
2367	the association, and a schedule of the unit owner's expenses
2368	shall be attached as an exhibit and shall contain the following
2369	information:
2370	(a)  The estimated monthly and annual expenses of the
2371	condominium and the association that are collected from unit
2372	owners by assessments.
2373	(b)  The estimated monthly and annual expenses of each unit
2374	owner for a unit, other than common expenses paid by all unit
2375	owners, payable by the unit owner to persons or entities other
2376	than the association, as well as to the association, including
2377	fees assessed pursuant to s. 718.113(1) for maintenance of
2378	limited common elements where such costs are shared only by
2379	those entitled to use the limited common element, and the total
2380	estimated monthly and annual expense. There may be excluded from
2381	this estimate expenses which are not provided for or
2382	contemplated by the condominium documents, including, but not
2383	limited to, the costs of private telephone; maintenance of the
2384	interior of condominium units, which is not the obligation of
2385	the association; maid or janitorial services privately
2386	contracted for by the unit owners; utility bills billed directly
2387	to each unit owner for utility services to his or her unit;
2388	insurance premiums other than those incurred for policies
2389	obtained by the condominium; and similar personal expenses of
2390	the unit owner. A unit owner's estimated payments for
2391	assessments shall also be stated in the estimated amounts for
2392	the times when they will be due.
2393	(c)  The estimated items of expenses of the condominium and
2394	the association, except as excluded under paragraph (b),
2395	including, but not limited to, the following items, which shall
2396	be stated either as an association expense collectible by
2397	assessments or as unit owners' expenses payable to persons other
2398	than the association:
2399	1.  Expenses for the association and condominium:
2400	a.  Administration of the association.
2401	b.  Management fees.
2402	c.  Maintenance.
2403	d.  Rent for recreational and other commonly used
2404	facilities.
2405	e.  Taxes upon association property.
2406	f.  Taxes upon leased areas.
2407	g.  Insurance.
2408	h.  Security provisions.
2409	i.  Other expenses.
2410	j.  Operating capital.
2411	k.  Reserves.
2412	l.  Fees payable to the division.
2413	2.  Expenses for a unit owner:
2414	a.  Rent for the unit, if subject to a lease.
2415	b.  Rent payable by the unit owner directly to the lessor
2416	or agent under any recreational lease or lease for the use of
2417	commonly used facilities, which use and payment is a mandatory
2418	condition of ownership and is not included in the common expense
2419	or assessments for common maintenance paid by the unit owners to
2420	the association.
2421	(d)  The following statement in conspicuous type: THE
2422	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2423	ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
2424	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2425	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2426	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2427	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
2428	THE OFFERING.
2429	(e)  Each budget for an association prepared by a developer
2430	consistent with this subsection shall be prepared in good faith
2431	and shall reflect accurate estimated amounts for the required
2432	items in paragraph (c) at the time of the filing of the offering
2433	circular with the division, and subsequent increased amounts of
2434	any item included in the association's estimated budget that are
2435	beyond the control of the developer shall not be considered an
2436	amendment that would give rise to rescission rights set forth in
2437	s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2438	or otherwise affect any guarantee of the developer contained in
2439	the offering circular or any purchase contract. It is the intent
2440	of this paragraph to clarify existing law.
2441	(f)  The estimated amounts shall be stated for a period of
2442	at least 12 months and may distinguish between the period prior
2443	to the time unit owners other than the developer elect a
2444	majority of the board of administration and the period after
2445	that date.
2446	(22)  A schedule of estimated closing expenses to be paid
2447	by a buyer or lessee of a unit and a statement of whether title
2448	opinion or title insurance policy is available to the buyer and,
2449	if so, at whose expense.
2450	(23)  The identity of the developer and the chief operating
2451	officer or principal directing the creation and sale of the
2452	condominium and a statement of its and his or her experience in
2453	this field.
2454	(24)  Copies of the following, to the extent they are
2455	applicable, shall be included as exhibits:
2456	(a)  The declaration of condominium, or the proposed
2457	declaration if the declaration has not been recorded.
2458	(b)  The articles of incorporation creating the
2459	association.
2460	(c)  The bylaws of the association.
2461	(d)  The ground lease or other underlying lease of the
2462	condominium.
2463	(e)  The management agreement and all maintenance and other
2464	contracts for management of the association and operation of the
2465	condominium and facilities used by the unit owners having a
2466	service term in excess of 1 year.
2467	(f)  The estimated operating budget for the condominium and
2468	the required schedule of unit owners' expenses.
2469	(g)  A copy of the floor plan of the unit and the plot plan
2470	showing the location of the residential buildings and the
2471	recreation and other common areas.
2472	(h)  The lease of recreational and other facilities that
2473	will be used only by unit owners of the subject condominium.
2474	(i)  The lease of facilities used by owners and others.
2475	(j)  The form of unit lease, if the offer is of a
2476	leasehold.
2477	(k)  A declaration of servitude of properties serving the
2478	condominium but not owned by unit owners or leased to them or
2479	the association.
2480	(l)  The statement of condition of the existing building or
2481	buildings, if the offering is of units in an operation being
2482	converted to condominium ownership.
2483	(m)  The statement of inspection for termite damage and
2484	treatment of the existing improvements, if the condominium is a
2485	conversion.
2486	(n)  The form of agreement for sale or lease of units.
2487	(o)  A copy of the agreement for escrow of payments made to
2488	the developer prior to closing.
2489	(p)  A copy of the documents containing any restrictions on
2490	use of the property required by subsection (17).
2491	(25)  Any prospectus or offering circular complying, prior
2492	to the effective date of this act, with the provisions of former
2493	ss. 711.69 and 711.802 may continue to be used without amendment
2494	or may be amended to comply with the provisions of this chapter.
2495	(26)  A brief narrative description of the location and
2496	effect of all existing and intended easements located or to be
2497	located on the condominium property other than those described
2498	in the declaration.
2499	(27)  If the developer is required by state or local
2500	authorities to obtain acceptance or approval of any dock or
2501	marina facilities intended to serve the condominium, a copy of
2502	any such acceptance or approval acquired by the time of filing
2503	with the division under s. 718.502(1) or a statement that such
2504	acceptance or approval has not been acquired or received.
2505	(28)  Evidence demonstrating that the developer has an
2506	ownership, leasehold, or contractual interest in the land upon
2507	which the condominium is to be developed.
2508	Section 49.  Section 718.508, Florida Statutes, is amended
2509	to read:
2510	718.508  Regulation by Division of Hotels and
2511	Restaurants.--In addition to the authority, regulation, or
2512	control exercised by the Division of Florida Land Sales,
2513	Condominiums, Timeshares, and Mobile Homes pursuant to this act
2514	with respect to condominiums, buildings included in a
2515	condominium property are shall be subject to the authority,
2516	regulation, or control of the Division of Hotels and Restaurants
2517	of the Department of Business and Professional Regulation, to
2518	the extent provided for in chapter 399.
2519	Section 50.  Section 718.509, Florida Statutes, is amended,
2520	and section 498.019, Florida Statutes, is transferred,
2521	renumbered as subsections (1) and (2) of that section, and
2522	amended to read:
2523	718.509  Division of Florida Land Sales, Condominiums,
2524	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
2525	the division and any amount paid for a fee or penalty under this
2526	chapter shall be deposited in the State Treasury to the credit
2527	of the Division of Florida Land Sales, Condominiums, and Mobile
2528	Homes Trust Fund created by s. 498.019.
2529	498.019  Division of Florida Land Sales, Condominiums, and
2530	Mobile Homes Trust Fund.--
2531	(1)  There is created within the State Treasury the
2532	Division of Florida Land Sales, Condominiums, Timeshares, and
2533	Mobile Homes Trust Fund to be used for the administration and
2534	operation of this chapter and chapters 718, 719, 721, and 723 by
2535	the division.
2536	(2)  All moneys collected by the division from fees, fines,
2537	or penalties or from costs awarded to the division by a court or
2538	administrative final order shall be paid into the Division of
2539	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2540	Trust Fund. The Legislature shall appropriate funds from this
2541	trust fund sufficient to carry out the provisions of this
2542	chapter and the provisions of law with respect to each category
2543	of business covered by the this trust fund. The division shall
2544	maintain separate revenue accounts in the trust fund for each of
2545	the businesses regulated by the division. The division shall
2546	provide for the proportionate allocation among the accounts of
2547	expenses incurred by the division in the performance of its
2548	duties with respect to each of these businesses. As part of its
2549	normal budgetary process, the division shall prepare an annual
2550	report of revenue and allocated expenses related to the
2551	operation of each of these businesses which may be used to
2552	determine fees charged by the division. This subsection shall
2553	operate pursuant to the provisions of s. 215.20.
2554	Section 51.  Paragraph (a) of subsection (2) of section
2555	718.608, Florida Statutes, is amended to read:
2556	718.608  Notice of intended conversion; time of delivery;
2557	content.--
2558	(2)(a)  Each notice of intended conversion shall be dated
2559	and in writing. The notice shall contain the following
2560	statement, with the phrases of the following statement which
2561	appear in upper case printed in conspicuous type:
2562
2563	These apartments are being converted to condominium by
2564	(name of developer)  , the developer.
2565	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2566	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2567	AGREEMENT AS FOLLOWS:
2568	a.  If you have continuously been a resident of these
2569	apartments during the last 180 days and your rental agreement
2570	expires during the next 270 days, you may extend your rental
2571	agreement for up to 270 days after the date of this notice.
2572	b.  If you have not been a continuous resident of these
2573	apartments for the last 180 days and your rental agreement
2574	expires during the next 180 days, you may extend your rental
2575	agreement for up to 180 days after the date of this notice.
2576	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2577	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2578	DATE OF THIS NOTICE.
2579	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2580	you may extend your rental agreement for up to 45 days after the
2581	date of this notice while you decide whether to extend your
2582	rental agreement as explained above. To do so, you must notify
2583	the developer in writing. You will then have the full 45 days to
2584	decide whether to extend your rental agreement as explained
2585	above.
2586	3.  During the extension of your rental agreement you will
2587	be charged the same rent that you are now paying.
2588	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2589	OF THE RENTAL AGREEMENT AS FOLLOWS:
2590	a.  If your rental agreement began or was extended or
2591	renewed after May 1, 1980, and your rental agreement, including
2592	extensions and renewals, has an unexpired term of 180 days or
2593	less, you may cancel your rental agreement upon 30 days' written
2594	notice and move. Also, upon 30 days' written notice, you may
2595	cancel any extension of the rental agreement.
2596	b.  If your rental agreement was not begun or was not
2597	extended or renewed after May 1, 1980, you may not cancel the
2598	rental agreement without the consent of the developer. If your
2599	rental agreement, including extensions and renewals, has an
2600	unexpired term of 180 days or less, you may, however, upon 30
2601	days' written notice cancel any extension of the rental
2602	agreement.
2603	5.  All notices must be given in writing and sent by mail,
2604	return receipt requested, or delivered in person to the
2605	developer at this address:   (name and address of developer)  .
2606	6.  If you have continuously been a resident of these
2607	apartments during the last 180 days:
2608	a.  You have the right to purchase your apartment and will
2609	have 45 days to decide whether to purchase. If you do not buy
2610	the unit at that price and the unit is later offered at a lower
2611	price, you will have the opportunity to buy the unit at the
2612	lower price. However, in all events your right to purchase the
2613	unit ends when the rental agreement or any extension of the
2614	rental agreement ends or when you waive this right in writing.
2615	b.  Within 90 days you will be provided purchase
2616	information relating to your apartment, including the price of
2617	your unit and the condition of the building. If you do not
2618	receive this information within 90 days, your rental agreement
2619	and any extension will be extended 1 day for each day over 90
2620	days until you are given the purchase information. If you do not
2621	want this rental agreement extension, you must notify the
2622	developer in writing.
2623	7.  If you have any questions regarding this conversion or
2624	the Condominium Act, you may contact the developer or the state
2625	agency which regulates condominiums: The Division of Florida
2626	Land Sales, Condominiums, Timeshares, and Mobile Homes,
2627	(Tallahassee address and telephone number of division)  .
2628	Section 52.  Subsection (17) of section 719.103, Florida
2629	Statutes, is amended to read:
2630	719.103  Definitions.--As used in this chapter:
2631	(17)  "Division" means the Division of Florida Land Sales,
2632	Condominiums, Timeshares, and Mobile Homes of the Department of
2633	Business and Professional Regulation.
2634	Section 53.  Section 719.1255, Florida Statutes, is amended
2635	to read:
2636	719.1255  Alternative resolution of disputes.--The Division
2637	of Florida Land Sales, Condominiums, Timeshares, and Mobile
2638	Homes of the Department of Business and Professional Regulation
2639	shall provide for alternative dispute resolution in accordance
2640	with s. 718.1255.
2641	Section 54.  Section 719.501, Florida Statutes, is amended
2642	to read:
2643	719.501  Powers and duties of Division of Florida Land
2644	Sales, Condominiums, Timeshares, and Mobile Homes.--
2645	(1)  The Division of Florida Land Sales, Condominiums,
2646	Timeshares, and Mobile Homes of the Department of Business and
2647	Professional Regulation, referred to as the "division" in this
2648	part, in addition to other powers and duties prescribed by
2649	chapter 718 498, has the power to enforce and ensure compliance
2650	with the provisions of this chapter and adopted rules
2651	promulgated pursuant hereto relating to the development,
2652	construction, sale, lease, ownership, operation, and management
2653	of residential cooperative units. In performing its duties, the
2654	division shall have the following powers and duties:
2655	(a)  The division may make necessary public or private
2656	investigations within or outside this state to determine whether
2657	any person has violated this chapter or any rule or order
2658	hereunder, to aid in the enforcement of this chapter, or to aid
2659	in the adoption of rules or forms hereunder.
2660	(b)  The division may require or permit any person to file
2661	a statement in writing, under oath or otherwise, as the division
2662	determines, as to the facts and circumstances concerning a
2663	matter to be investigated.
2664	(c)  For the purpose of any investigation under this
2665	chapter, the division director or any officer or employee
2666	designated by the division director may administer oaths or
2667	affirmations, subpoena witnesses and compel their attendance,
2668	take evidence, and require the production of any matter which is
2669	relevant to the investigation, including the existence,
2670	description, nature, custody, condition, and location of any
2671	books, documents, or other tangible things and the identity and
2672	location of persons having knowledge of relevant facts or any
2673	other matter reasonably calculated to lead to the discovery of
2674	material evidence. Upon failure by a person to obey a subpoena
2675	or to answer questions propounded by the investigating officer
2676	and upon reasonable notice to all persons affected thereby, the
2677	division may apply to the circuit court for an order compelling
2678	compliance.
2679	(d)  Notwithstanding any remedies available to unit owners
2680	and associations, if the division has reasonable cause to
2681	believe that a violation of any provision of this chapter or
2682	related rule promulgated pursuant hereto has occurred, the
2683	division may institute enforcement proceedings in its own name
2684	against a developer, association, officer, or member of the
2685	board, or its assignees or agents, as follows:
2686	1.  The division may permit a person whose conduct or
2687	actions may be under investigation to waive formal proceedings
2688	and enter into a consent proceeding whereby orders, rules, or
2689	letters of censure or warning, whether formal or informal, may
2690	be entered against the person.
2691	2.  The division may issue an order requiring the
2692	developer, association, officer, or member of the board, or its
2693	assignees or agents, to cease and desist from the unlawful
2694	practice and take such affirmative action as in the judgment of
2695	the division will carry out the purposes of this chapter. Such
2696	affirmative action may include, but is not limited to, an order
2697	requiring a developer to pay moneys determined to be owed to a
2698	condominium association.
2699	3.  The division may bring an action in circuit court on
2700	behalf of a class of unit owners, lessees, or purchasers for
2701	declaratory relief, injunctive relief, or restitution.
2702	4.  The division may impose a civil penalty against a
2703	developer or association, or its assignees or agents, for any
2704	violation of this chapter or related a rule promulgated pursuant
2705	hereto. The division may impose a civil penalty individually
2706	against any officer or board member who willfully and knowingly
2707	violates a provision of this chapter, a rule adopted pursuant to
2708	this chapter, or a final order of the division. The term
2709	"willfully and knowingly" means that the division informed the
2710	officer or board member that his or her action or intended
2711	action violates this chapter, a rule adopted under this chapter,
2712	or a final order of the division, and that the officer or board
2713	member refused to comply with the requirements of this chapter,
2714	a rule adopted under this chapter, or a final order of the
2715	division. The division, prior to initiating formal agency action
2716	under chapter 120, shall afford the officer or board member an
2717	opportunity to voluntarily comply with this chapter, a rule
2718	adopted under this chapter, or a final order of the division. An
2719	officer or board member who complies within 10 days is not
2720	subject to a civil penalty. A penalty may be imposed on the
2721	basis of each day of continuing violation, but in no event shall
2722	the penalty for any offense exceed $5,000. By January 1, 1998,
2723	the division shall adopt, by rule, penalty guidelines applicable
2724	to possible violations or to categories of violations of this
2725	chapter or rules adopted by the division. The guidelines must
2726	specify a meaningful range of civil penalties for each such
2727	violation of the statute and rules and must be based upon the
2728	harm caused by the violation, the repetition of the violation,
2729	and upon such other factors deemed relevant by the division. For
2730	example, the division may consider whether the violations were
2731	committed by a developer or owner-controlled association, the
2732	size of the association, and other factors. The guidelines must
2733	designate the possible mitigating or aggravating circumstances
2734	that justify a departure from the range of penalties provided by
2735	the rules. It is the legislative intent that minor violations be
2736	distinguished from those which endanger the health, safety, or
2737	welfare of the cooperative residents or other persons and that
2738	such guidelines provide reasonable and meaningful notice to the
2739	public of likely penalties that may be imposed for proscribed
2740	conduct. This subsection does not limit the ability of the
2741	division to informally dispose of administrative actions or
2742	complaints by stipulation, agreed settlement, or consent order.
2743	All amounts collected shall be deposited with the Chief
2744	Financial Officer to the credit of the Division of Florida Land
2745	Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
2746	a developer fails to pay the civil penalty, the division shall
2747	thereupon issue an order directing that such developer cease and
2748	desist from further operation until such time as the civil
2749	penalty is paid or may pursue enforcement of the penalty in a
2750	court of competent jurisdiction. If an association fails to pay
2751	the civil penalty, the division shall thereupon pursue
2752	enforcement in a court of competent jurisdiction, and the order
2753	imposing the civil penalty or the cease and desist order shall
2754	not become effective until 20 days after the date of such order.
2755	Any action commenced by the division shall be brought in the
2756	county in which the division has its executive offices or in the
2757	county where the violation occurred.
2758	(e)  The division may is authorized to prepare and
2759	disseminate a prospectus and other information to assist
2760	prospective owners, purchasers, lessees, and developers of
2761	residential cooperatives in assessing the rights, privileges,
2762	and duties pertaining thereto.
2763	(f)  The division has authority to adopt rules pursuant to
2764	ss. 120.536(1) and 120.54 to implement and enforce the
2765	provisions of this chapter.
2766	(g)  The division shall establish procedures for providing
2767	notice to an association when the division is considering the
2768	issuance of a declaratory statement with respect to the
2769	cooperative documents governing such cooperative community.
2770	(h)  The division shall furnish each association which pays
2771	the fees required by paragraph (2)(a) a copy of this act,
2772	subsequent changes to this act on an annual basis, an amended
2773	version of this act as it becomes available from the Secretary
2774	of State's office on a biennial basis, and the rules adopted
2775	promulgated pursuant thereto on an annual basis.
2776	(i)  The division shall annually provide each association
2777	with a summary of declaratory statements and formal legal
2778	opinions relating to the operations of cooperatives which were
2779	rendered by the division during the previous year.
2780	(j)  The division shall adopt uniform accounting
2781	principles, policies, and standards to be used by all
2782	associations in the preparation and presentation of all
2783	financial statements required by this chapter. The principles,
2784	policies, and standards shall take into consideration the size
2785	of the association and the total revenue collected by the
2786	association.
2787	(k)  The division shall provide training programs for
2788	cooperative association board members and unit owners.
2789	(l)  The division shall maintain a toll-free telephone
2790	number accessible to cooperative unit owners.
2791	(m)  When a complaint is made to the division, the division
2792	shall conduct its inquiry with reasonable dispatch and with due
2793	regard to the interests of the affected parties. Within 30 days
2794	after receipt of a complaint, the division shall acknowledge the
2795	complaint in writing and notify the complainant whether the
2796	complaint is within the jurisdiction of the division and whether
2797	additional information is needed by the division from the
2798	complainant. The division shall conduct its investigation and
2799	shall, within 90 days after receipt of the original complaint or
2800	timely requested additional information, take action upon the
2801	complaint. However, the failure to complete the investigation
2802	within 90 days does not prevent the division from continuing the
2803	investigation, accepting or considering evidence obtained or
2804	received after 90 days, or taking administrative action if
2805	reasonable cause exists to believe that a violation of this
2806	chapter or a rule of the division has occurred. If an
2807	investigation is not completed within the time limits
2808	established in this paragraph, the division shall, on a monthly
2809	basis, notify the complainant in writing of the status of the
2810	investigation. When reporting its action to the complainant, the
2811	division shall inform the complainant of any right to a hearing
2812	pursuant to ss. 120.569 and 120.57.
2813	(n)  The division shall develop a program to certify both
2814	volunteer and paid mediators to provide mediation of cooperative
2815	disputes. The division shall provide, upon request, a list of
2816	such mediators to any association, unit owner, or other
2817	participant in arbitration proceedings under s. 718.1255
2818	requesting a copy of the list. The division shall include on the
2819	list of voluntary mediators only persons who have received at
2820	least 20 hours of training in mediation techniques or have
2821	mediated at least 20 disputes. In order to become initially
2822	certified by the division, paid mediators must be certified by
2823	the Supreme Court to mediate court cases in either county or
2824	circuit courts. However, the division may adopt, by rule,
2825	additional factors for the certification of paid mediators,
2826	which factors must be related to experience, education, or
2827	background. Any person initially certified as a paid mediator by
2828	the division must, in order to continue to be certified, comply
2829	with the factors or requirements imposed by rules adopted by the
2830	division.
2831	(2)(a)  Each cooperative association shall pay to the
2832	division, on or before January 1 of each year, an annual fee in
2833	the amount of $4 for each residential unit in cooperatives
2834	operated by the association. If the fee is not paid by March 1,
2835	then the association shall be assessed a penalty of 10 percent
2836	of the amount due, and the association shall not have the
2837	standing to maintain or defend any action in the courts of this
2838	state until the amount due is paid.
2839	(b)  All fees shall be deposited in the Division of Florida
2840	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2841	Fund as provided by law.
2842	Section 55.  Paragraph (a) of subsection (2) of section
2843	719.502, Florida Statutes, is amended to read:
2844	719.502  Filing prior to sale or lease.--
2845	(2)(a)  Prior to filing as required by subsection (1), and
2846	prior to acquiring an ownership, leasehold, or contractual
2847	interest in the land upon which the cooperative is to be
2848	developed, a developer shall not offer a contract for purchase
2849	or lease of a unit for more than 5 years. However, the developer
2850	may accept deposits for reservations upon the approval of a
2851	fully executed escrow agreement and reservation agreement form
2852	properly filed with the Division of Florida Land Sales,
2853	Condominiums, Timeshares, and Mobile Homes. Each filing of a
2854	proposed reservation program shall be accompanied by a filing
2855	fee of $250. Reservations shall not be taken on a proposed
2856	cooperative unless the developer has an ownership, leasehold, or
2857	contractual interest in the land upon which the cooperative is
2858	to be developed. The division shall notify the developer within
2859	20 days of receipt of the reservation filing of any deficiencies
2860	contained therein. Such notification shall not preclude the
2861	determination of reservation filing deficiencies at a later
2862	date, nor shall it relieve the developer of any responsibility
2863	under the law. The escrow agreement and the reservation
2864	agreement form shall include a statement of the right of the
2865	prospective purchaser to an immediate unqualified refund of the
2866	reservation deposit moneys upon written request to the escrow
2867	agent by the prospective purchaser or the developer.
2868	Section 56.  Section 719.504, Florida Statutes, is amended
2869	to read:
2870	719.504  Prospectus or offering circular.--Every developer
2871	of a residential cooperative which contains more than 20
2872	residential units, or which is part of a group of residential
2873	cooperatives which will be served by property to be used in
2874	common by unit owners of more than 20 residential units, shall
2875	prepare a prospectus or offering circular and file it with the
2876	Division of Florida Land Sales, Condominiums, Timeshares, and
2877	Mobile Homes prior to entering into an enforceable contract of
2878	purchase and sale of any unit or lease of a unit for more than 5
2879	years and shall furnish a copy of the prospectus or offering
2880	circular to each buyer. In addition to the prospectus or
2881	offering circular, each buyer shall be furnished a separate page
2882	entitled "Frequently Asked Questions and Answers," which must be
2883	in accordance with a format approved by the division. This page
2884	must, in readable language: inform prospective purchasers
2885	regarding their voting rights and unit use restrictions,
2886	including restrictions on the leasing of a unit; indicate
2887	whether and in what amount the unit owners or the association is
2888	obligated to pay rent or land use fees for recreational or other
2889	commonly used facilities; contain a statement identifying that
2890	amount of assessment which, pursuant to the budget, would be
2891	levied upon each unit type, exclusive of any special
2892	assessments, and which identifies the basis upon which
2893	assessments are levied, whether monthly, quarterly, or
2894	otherwise; state and identify any court cases in which the
2895	association is currently a party of record in which the
2896	association may face liability in excess of $100,000; and state
2897	whether membership in a recreational facilities association is
2898	mandatory and, if so, identify the fees currently charged per
2899	unit type. The division shall by rule require such other
2900	disclosure as in its judgment will assist prospective
2901	purchasers. The prospectus or offering circular may include more
2902	than one cooperative, although not all such units are being
2903	offered for sale as of the date of the prospectus or offering
2904	circular. The prospectus or offering circular must contain the
2905	following information:
2906	(1)  The front cover or the first page must contain only:
2907	(a)  The name of the cooperative.
2908	(b)  The following statements in conspicuous type:
2909	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2910	MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
2911	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2912	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2913	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2914	MATERIALS.
2915	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2916	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2917	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2918	REPRESENTATIONS.
2919	(2)  Summary: The next page must contain all statements
2920	required to be in conspicuous type in the prospectus or offering
2921	circular.
2922	(3)  A separate index of the contents and exhibits of the
2923	prospectus.
2924	(4)  Beginning on the first page of the text (not including
2925	the summary and index), a description of the cooperative,
2926	including, but not limited to, the following information:
2927	(a)  Its name and location.
2928	(b)  A description of the cooperative property, including,
2929	without limitation:
2930	1.  The number of buildings, the number of units in each
2931	building, the number of bathrooms and bedrooms in each unit, and
2932	the total number of units, if the cooperative is not a phase
2933	cooperative; or, if the cooperative is a phase cooperative, the
2934	maximum number of buildings that may be contained within the
2935	cooperative, the minimum and maximum number of units in each
2936	building, the minimum and maximum number of bathrooms and
2937	bedrooms that may be contained in each unit, and the maximum
2938	number of units that may be contained within the cooperative.
2939	2.  The page in the cooperative documents where a copy of
2940	the survey and plot plan of the cooperative is located.
2941	3.  The estimated latest date of completion of
2942	constructing, finishing, and equipping. In lieu of a date, a
2943	statement that the estimated date of completion of the
2944	cooperative is in the purchase agreement and a reference to the
2945	article or paragraph containing that information.
2946	(c)  The maximum number of units that will use facilities
2947	in common with the cooperative. If the maximum number of units
2948	will vary, a description of the basis for variation and the
2949	minimum amount of dollars per unit to be spent for additional
2950	recreational facilities or enlargement of such facilities. If
2951	the addition or enlargement of facilities will result in a
2952	material increase of a unit owner's maintenance expense or
2953	rental expense, if any, the maximum increase and limitations
2954	thereon shall be stated.
2955	(5)(a)  A statement in conspicuous type describing whether
2956	the cooperative is created and being sold as fee simple
2957	interests or as leasehold interests. If the cooperative is
2958	created or being sold on a leasehold, the location of the lease
2959	in the disclosure materials shall be stated.
2960	(b)  If timeshare estates are or may be created with
2961	respect to any unit in the cooperative, a statement in
2962	conspicuous type stating that timeshare estates are created and
2963	being sold in such specified units in the cooperative.
2964	(6)  A description of the recreational and other common
2965	areas that will be used only by unit owners of the cooperative,
2966	including, but not limited to, the following:
2967	(a)  Each room and its intended purposes, location,
2968	approximate floor area, and capacity in numbers of people.
2969	(b)  Each swimming pool, as to its general location,
2970	approximate size and depths, approximate deck size and capacity,
2971	and whether heated.
2972	(c)  Additional facilities, as to the number of each
2973	facility, its approximate location, approximate size, and
2974	approximate capacity.
2975	(d)  A general description of the items of personal
2976	property and the approximate number of each item of personal
2977	property that the developer is committing to furnish for each
2978	room or other facility or, in the alternative, a representation
2979	as to the minimum amount of expenditure that will be made to
2980	purchase the personal property for the facility.
2981	(e)  The estimated date when each room or other facility
2982	will be available for use by the unit owners.
2983	(f)1.  An identification of each room or other facility to
2984	be used by unit owners that will not be owned by the unit owners
2985	or the association;
2986	2.  A reference to the location in the disclosure materials
2987	of the lease or other agreements providing for the use of those
2988	facilities; and
2989	3.  A description of the terms of the lease or other
2990	agreements, including the length of the term; the rent payable,
2991	directly or indirectly, by each unit owner, and the total rent
2992	payable to the lessor, stated in monthly and annual amounts for
2993	the entire term of the lease; and a description of any option to
2994	purchase the property leased under any such lease, including the
2995	time the option may be exercised, the purchase price or how it
2996	is to be determined, the manner of payment, and whether the
2997	option may be exercised for a unit owner's share or only as to
2998	the entire leased property.
2999	(g)  A statement as to whether the developer may provide
3000	additional facilities not described above, their general
3001	locations and types, improvements or changes that may be made,
3002	the approximate dollar amount to be expended, and the maximum
3003	additional common expense or cost to the individual unit owners
3004	that may be charged during the first annual period of operation
3005	of the modified or added facilities.
3006
3007	Descriptions as to locations, areas, capacities, numbers,
3008	volumes, or sizes may be stated as approximations or minimums.
3009	(7)  A description of the recreational and other facilities
3010	that will be used in common with other cooperatives, community
3011	associations, or planned developments which require the payment
3012	of the maintenance and expenses of such facilities, either
3013	directly or indirectly, by the unit owners. The description
3014	shall include, but not be limited to, the following:
3015	(a)  Each building and facility committed to be built.
3016	(b)  Facilities not committed to be built except under
3017	certain conditions, and a statement of those conditions or
3018	contingencies.
3019	(c)  As to each facility committed to be built, or which
3020	will be committed to be built upon the happening of one of the
3021	conditions in paragraph (b), a statement of whether it will be
3022	owned by the unit owners having the use thereof or by an
3023	association or other entity which will be controlled by them, or
3024	others, and the location in the exhibits of the lease or other
3025	document providing for use of those facilities.
3026	(d)  The year in which each facility will be available for
3027	use by the unit owners or, in the alternative, the maximum
3028	number of unit owners in the project at the time each of all of
3029	the facilities is committed to be completed.
3030	(e)  A general description of the items of personal
3031	property, and the approximate number of each item of personal
3032	property, that the developer is committing to furnish for each
3033	room or other facility or, in the alternative, a representation
3034	as to the minimum amount of expenditure that will be made to
3035	purchase the personal property for the facility.
3036	(f)  If there are leases, a description thereof, including
3037	the length of the term, the rent payable, and a description of
3038	any option to purchase.
3039
3040	Descriptions shall include location, areas, capacities, numbers,
3041	volumes, or sizes and may be stated as approximations or
3042	minimums.
3043	(8)  Recreation lease or associated club membership:
3044	(a)  If any recreational facilities or other common areas
3045	offered by the developer and available to, or to be used by,
3046	unit owners are to be leased or have club membership associated,
3047	the following statement in conspicuous type shall be included:
3048	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
3049	COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
3050	COOPERATIVE. There shall be a reference to the location in the
3051	disclosure materials where the recreation lease or club
3052	membership is described in detail.
3053	(b)  If it is mandatory that unit owners pay a fee, rent,
3054	dues, or other charges under a recreational facilities lease or
3055	club membership for the use of facilities, there shall be in
3056	conspicuous type the applicable statement:
3057	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
3058	MANDATORY FOR UNIT OWNERS; or
3059	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
3060	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3061	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
3062	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
3063	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
3064	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
3065	4.  A similar statement of the nature of the organization
3066	or manner in which the use rights are created, and that unit
3067	owners are required to pay.
3068
3069	Immediately following the applicable statement, the location in
3070	the disclosure materials where the development is described in
3071	detail shall be stated.
3072	(c)  If the developer, or any other person other than the
3073	unit owners and other persons having use rights in the
3074	facilities, reserves, or is entitled to receive, any rent, fee,
3075	or other payment for the use of the facilities, then there shall
3076	be the following statement in conspicuous type: THE UNIT OWNERS
3077	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
3078	RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
3079	statement, the location in the disclosure materials where the
3080	rent or land use fees are described in detail shall be stated.
3081	(d)  If, in any recreation format, whether leasehold, club,
3082	or other, any person other than the association has the right to
3083	a lien on the units to secure the payment of assessments, rent,
3084	or other exactions, there shall appear a statement in
3085	conspicuous type in substantially the following form:
3086	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3087	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
3088	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
3089	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
3090	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3091	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
3092	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
3093	OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
3094	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
3095
3096	Immediately following the applicable statement, the location in
3097	the disclosure materials where the lien or lien right is
3098	described in detail shall be stated.
3099	(9)  If the developer or any other person has the right to
3100	increase or add to the recreational facilities at any time after
3101	the establishment of the cooperative whose unit owners have use
3102	rights therein, without the consent of the unit owners or
3103	associations being required, there shall appear a statement in
3104	conspicuous type in substantially the following form:
3105	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
3106	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
3107	statement, the location in the disclosure materials where such
3108	reserved rights are described shall be stated.
3109	(10)  A statement of whether the developer's plan includes
3110	a program of leasing units rather than selling them, or leasing
3111	units and selling them subject to such leases. If so, there
3112	shall be a description of the plan, including the number and
3113	identification of the units and the provisions and term of the
3114	proposed leases, and a statement in boldfaced type that: THE
3115	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
3116	(11)  The arrangements for management of the association
3117	and maintenance and operation of the cooperative property and of
3118	other property that will serve the unit owners of the
3119	cooperative property, and a description of the management
3120	contract and all other contracts for these purposes having a
3121	term in excess of 1 year, including the following:
3122	(a)  The names of contracting parties.
3123	(b)  The term of the contract.
3124	(c)  The nature of the services included.
3125	(d)  The compensation, stated on a monthly and annual
3126	basis, and provisions for increases in the compensation.
3127	(e)  A reference to the volumes and pages of the
3128	cooperative documents and of the exhibits containing copies of
3129	such contracts.
3130
3131	Copies of all described contracts shall be attached as exhibits.
3132	If there is a contract for the management of the cooperative
3133	property, then a statement in conspicuous type in substantially
3134	the following form shall appear, identifying the proposed or
3135	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
3136	THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
3137	CONTRACT MANAGER). Immediately following this statement, the
3138	location in the disclosure materials of the contract for
3139	management of the cooperative property shall be stated.
3140	(12)  If the developer or any other person or persons other
3141	than the unit owners has the right to retain control of the
3142	board of administration of the association for a period of time
3143	which can exceed 1 year after the closing of the sale of a
3144	majority of the units in that cooperative to persons other than
3145	successors or alternate developers, then a statement in
3146	conspicuous type in substantially the following form shall be
3147	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
3148	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
3149	HAVE BEEN SOLD. Immediately following this statement, the
3150	location in the disclosure materials where this right to control
3151	is described in detail shall be stated.
3152	(13)  If there are any restrictions upon the sale,
3153	transfer, conveyance, or leasing of a unit, then a statement in
3154	conspicuous type in substantially the following form shall be
3155	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
3156	CONTROLLED. Immediately following this statement, the location
3157	in the disclosure materials where the restriction, limitation,
3158	or control on the sale, lease, or transfer of units is described
3159	in detail shall be stated.
3160	(14)  If the cooperative is part of a phase project, the
3161	following shall be stated:
3162	(a)  A statement in conspicuous type in substantially the
3163	following form shall be included: THIS IS A PHASE COOPERATIVE.
3164	ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
3165	Immediately following this statement, the location in the
3166	disclosure materials where the phasing is described shall be
3167	stated.
3168	(b)  A summary of the provisions of the declaration
3169	providing for the phasing.
3170	(c)  A statement as to whether or not residential buildings
3171	and units which are added to the cooperative may be
3172	substantially different from the residential buildings and units
3173	originally in the cooperative, and, if the added residential
3174	buildings and units may be substantially different, there shall
3175	be a general description of the extent to which such added
3176	residential buildings and units may differ, and a statement in
3177	conspicuous type in substantially the following form shall be
3178	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
3179	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
3180	UNITS IN THE COOPERATIVE. Immediately following this statement,
3181	the location in the disclosure materials where the extent to
3182	which added residential buildings and units may substantially
3183	differ is described shall be stated.
3184	(d)  A statement of the maximum number of buildings
3185	containing units, the maximum and minimum number of units in
3186	each building, the maximum number of units, and the minimum and
3187	maximum square footage of the units that may be contained within
3188	each parcel of land which may be added to the cooperative.
3189	(15)  If the cooperative is created by conversion of
3190	existing improvements, the following information shall be
3191	stated:
3192	(a)  The information required by s. 719.616.
3193	(b)  A caveat that there are no express warranties unless
3194	they are stated in writing by the developer.
3195	(16)  A summary of the restrictions, if any, to be imposed
3196	on units concerning the use of any of the cooperative property,
3197	including statements as to whether there are restrictions upon
3198	children and pets, and reference to the volumes and pages of the
3199	cooperative documents where such restrictions are found, or if
3200	such restrictions are contained elsewhere, then a copy of the
3201	documents containing the restrictions shall be attached as an
3202	exhibit.
3203	(17)  If there is any land that is offered by the developer
3204	for use by the unit owners and that is neither owned by them nor
3205	leased to them, the association, or any entity controlled by
3206	unit owners and other persons having the use rights to such
3207	land, a statement shall be made as to how such land will serve
3208	the cooperative. If any part of such land will serve the
3209	cooperative, the statement shall describe the land and the
3210	nature and term of service, and the cooperative documents or
3211	other instrument creating such servitude shall be included as an
3212	exhibit.
3213	(18)  The manner in which utility and other services,
3214	including, but not limited to, sewage and waste disposal, water
3215	supply, and storm drainage, will be provided and the person or
3216	entity furnishing them.
3217	(19)  An explanation of the manner in which the
3218	apportionment of common expenses and ownership of the common
3219	areas have been determined.
3220	(20)  An estimated operating budget for the cooperative and
3221	the association, and a schedule of the unit owner's expenses
3222	shall be attached as an exhibit and shall contain the following
3223	information:
3224	(a)  The estimated monthly and annual expenses of the
3225	cooperative and the association that are collected from unit
3226	owners by assessments.
3227	(b)  The estimated monthly and annual expenses of each unit
3228	owner for a unit, other than assessments payable to the
3229	association, payable by the unit owner to persons or entities
3230	other than the association, and the total estimated monthly and
3231	annual expense. There may be excluded from this estimate
3232	expenses that are personal to unit owners, which are not
3233	uniformly incurred by all unit owners, or which are not provided
3234	for or contemplated by the cooperative documents, including, but
3235	not limited to, the costs of private telephone; maintenance of
3236	the interior of cooperative units, which is not the obligation
3237	of the association; maid or janitorial services privately
3238	contracted for by the unit owners; utility bills billed directly
3239	to each unit owner for utility services to his or her unit;
3240	insurance premiums other than those incurred for policies
3241	obtained by the cooperative; and similar personal expenses of
3242	the unit owner. A unit owner's estimated payments for
3243	assessments shall also be stated in the estimated amounts for
3244	the times when they will be due.
3245	(c)  The estimated items of expenses of the cooperative and
3246	the association, except as excluded under paragraph (b),
3247	including, but not limited to, the following items, which shall
3248	be stated either as an association expense collectible by
3249	assessments or as unit owners' expenses payable to persons other
3250	than the association:
3251	1.  Expenses for the association and cooperative:
3252	a.  Administration of the association.
3253	b.  Management fees.
3254	c.  Maintenance.
3255	d.  Rent for recreational and other commonly used areas.
3256	e.  Taxes upon association property.
3257	f.  Taxes upon leased areas.
3258	g.  Insurance.
3259	h.  Security provisions.
3260	i.  Other expenses.
3261	j.  Operating capital.
3262	k.  Reserves.
3263	l.  Fee payable to the division.
3264	2.  Expenses for a unit owner:
3265	a.  Rent for the unit, if subject to a lease.
3266	b.  Rent payable by the unit owner directly to the lessor
3267	or agent under any recreational lease or lease for the use of
3268	commonly used areas, which use and payment are a mandatory
3269	condition of ownership and are not included in the common
3270	expense or assessments for common maintenance paid by the unit
3271	owners to the association.
3272	(d)  The following statement in conspicuous type: THE
3273	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3274	ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3275	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3276	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3277	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3278	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
3279	THE OFFERING.
3280	(e)  Each budget for an association prepared by a developer
3281	consistent with this subsection shall be prepared in good faith
3282	and shall reflect accurate estimated amounts for the required
3283	items in paragraph (c) at the time of the filing of the offering
3284	circular with the division, and subsequent increased amounts of
3285	any item included in the association's estimated budget that are
3286	beyond the control of the developer shall not be considered an
3287	amendment that would give rise to rescission rights set forth in
3288	s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3289	or otherwise affect any guarantee of the developer contained in
3290	the offering circular or any purchase contract. It is the intent
3291	of this paragraph to clarify existing law.
3292	(f)  The estimated amounts shall be stated for a period of
3293	at least 12 months and may distinguish between the period prior
3294	to the time unit owners other than the developer elect a
3295	majority of the board of administration and the period after
3296	that date.
3297	(21)  A schedule of estimated closing expenses to be paid
3298	by a buyer or lessee of a unit and a statement of whether title
3299	opinion or title insurance policy is available to the buyer and,
3300	if so, at whose expense.
3301	(22)  The identity of the developer and the chief operating
3302	officer or principal directing the creation and sale of the
3303	cooperative and a statement of its and his or her experience in
3304	this field.
3305	(23)  Copies of the following, to the extent they are
3306	applicable, shall be included as exhibits:
3307	(a)  The cooperative documents, or the proposed cooperative
3308	documents if the documents have not been recorded.
3309	(b)  The articles of incorporation creating the
3310	association.
3311	(c)  The bylaws of the association.
3312	(d)  The ground lease or other underlying lease of the
3313	cooperative.
3314	(e)  The management agreement and all maintenance and other
3315	contracts for management of the association and operation of the
3316	cooperative and facilities used by the unit owners having a
3317	service term in excess of 1 year.
3318	(f)  The estimated operating budget for the cooperative and
3319	the required schedule of unit owners' expenses.
3320	(g)  A copy of the floor plan of the unit and the plot plan
3321	showing the location of the residential buildings and the
3322	recreation and other common areas.
3323	(h)  The lease of recreational and other facilities that
3324	will be used only by unit owners of the subject cooperative.
3325	(i)  The lease of facilities used by owners and others.
3326	(j)  The form of unit lease, if the offer is of a
3327	leasehold.
3328	(k)  A declaration of servitude of properties serving the
3329	cooperative but not owned by unit owners or leased to them or
3330	the association.
3331	(l)  The statement of condition of the existing building or
3332	buildings, if the offering is of units in an operation being
3333	converted to cooperative ownership.
3334	(m)  The statement of inspection for termite damage and
3335	treatment of the existing improvements, if the cooperative is a
3336	conversion.
3337	(n)  The form of agreement for sale or lease of units.
3338	(o)  A copy of the agreement for escrow of payments made to
3339	the developer prior to closing.
3340	(p)  A copy of the documents containing any restrictions on
3341	use of the property required by subsection (16).
3342	(24)  Any prospectus or offering circular complying with
3343	the provisions of former ss. 711.69 and 711.802 may continue to
3344	be used without amendment, or may be amended to comply with the
3345	provisions of this chapter.
3346	(25)  A brief narrative description of the location and
3347	effect of all existing and intended easements located or to be
3348	located on the cooperative property other than those in the
3349	declaration.
3350	(26)  If the developer is required by state or local
3351	authorities to obtain acceptance or approval of any dock or
3352	marina facility intended to serve the cooperative, a copy of
3353	such acceptance or approval acquired by the time of filing with
3354	the division pursuant to s. 719.502 or a statement that such
3355	acceptance has not been acquired or received.
3356	(27)  Evidence demonstrating that the developer has an
3357	ownership, leasehold, or contractual interest in the land upon
3358	which the cooperative is to be developed.
3359	Section 57.  Section 719.508, Florida Statutes, is amended
3360	to read:
3361	719.508  Regulation by Division of Hotels and
3362	Restaurants.--In addition to the authority, regulation, or
3363	control exercised by the Division of Florida Land Sales,
3364	Condominiums, Timeshares, and Mobile Homes pursuant to this act
3365	with respect to cooperatives, buildings included in a
3366	cooperative property shall be subject to the authority,
3367	regulation, or control of the Division of Hotels and Restaurants
3368	of the Department of Business and Professional Regulation, to
3369	the extent provided for in chapters 399 and 509.
3370	Section 58.  Paragraph (a) of subsection (2) of section
3371	719.608, Florida Statutes, is amended to read:
3372	719.608  Notice of intended conversion; time of delivery;
3373	content.--
3374	(2)(a)  Each notice of intended conversion shall be dated
3375	and in writing. The notice shall contain the following
3376	statement, with the phrases of the following statement which
3377	appear in upper case printed in conspicuous type:
3378
3379	These apartments are being converted to cooperative by
3380	(name of developer)  , the developer.
3381	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3382	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3383	AGREEMENT AS FOLLOWS:
3384	a.  If you have continuously been a resident of these
3385	apartments during the last 180 days and your rental agreement
3386	expires during the next 270 days, you may extend your rental
3387	agreement for up to 270 days after the date of this notice.
3388	b.  If you have not been a continuous resident of these
3389	apartments for the last 180 days and your rental agreement
3390	expires during the next 180 days, you may extend your rental
3391	agreement for up to 180 days after the date of this notice.
3392	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3393	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3394	DATE OF THIS NOTICE.
3395	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3396	you may extend your rental agreement for up to 45 days after the
3397	date of this notice while you decide whether to extend your
3398	rental agreement as explained above. To do so, you must notify
3399	the developer in writing. You will then have the full 45 days to
3400	decide whether to extend your rental agreement as explained
3401	above.
3402	3.  During the extension of your rental agreement you will
3403	be charged the same rent that you are now paying.
3404	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3405	OF THE RENTAL AGREEMENT AS FOLLOWS:
3406	a.  If your rental agreement began or was extended or
3407	renewed after May 1, 1980, and your rental agreement, including
3408	extensions and renewals, has an unexpired term of 180 days or
3409	less, you may cancel your rental agreement upon 30 days' written
3410	notice and move. Also, upon 30 days' written notice, you may
3411	cancel any extension of the rental agreement.
3412	b.  If your rental agreement was not begun or was not
3413	extended or renewed after May 1, 1980, you may not cancel the
3414	rental agreement without the consent of the developer. If your
3415	rental agreement, including extensions and renewals, has an
3416	unexpired term of 180 days or less, you may, however, upon 30
3417	days' written notice cancel any extension of the rental
3418	agreement.
3419	5.  All notices must be given in writing and sent by mail,
3420	return receipt requested, or delivered in person to the
3421	developer at this address:   (name and address of developer)  .
3422	6.  If you have continuously been a resident of these
3423	apartments during the last 180 days:
3424	a.  You have the right to purchase your apartment and will
3425	have 45 days to decide whether to purchase. If you do not buy
3426	the unit at that price and the unit is later offered at a lower
3427	price, you will have the opportunity to buy the unit at the
3428	lower price. However, in all events your right to purchase the
3429	unit ends when the rental agreement or any extension of the
3430	rental agreement ends or when you waive this right in writing.
3431	b.  Within 90 days you will be provided purchase
3432	information relating to your apartment, including the price of
3433	your unit and the condition of the building. If you do not
3434	receive this information within 90 days, your rental agreement
3435	and any extension will be extended 1 day for each day over 90
3436	days until you are given the purchase information. If you do not
3437	want this rental agreement extension, you must notify the
3438	developer in writing.
3439	7.  If you have any questions regarding this conversion or
3440	the Cooperative Act, you may contact the developer or the state
3441	agency which regulates cooperatives: The Division of Florida
3442	Land Sales, Condominiums, Timeshares, and Mobile Homes,
3443	(Tallahassee address and telephone number of division)  .
3444	Section 59.  Subsection (7) of section 720.301, Florida
3445	Statutes, is amended to read:
3446	720.301  Definitions.--As used in this chapter, the term:
3447	(7)  "Division" means the Division of Florida Land Sales,
3448	Condominiums, Timeshares, and Mobile Homes in the Department of
3449	Business and Professional Regulation.
3450	Section 60.  Subsection (2) of section 720.401, Florida
3451	Statutes, is amended to read:
3452	720.401  Prospective purchasers subject to association
3453	membership requirement; disclosure required; covenants;
3454	assessments; contract cancellation.--
3455	(2)  This section does not apply to any association
3456	regulated under chapter 718, chapter 719, chapter 721, or
3457	chapter 723 or to a subdivider registered under chapter 498; and
3458	also does not apply if disclosure regarding the association is
3459	otherwise made in connection with the requirements of chapter
3460	718, chapter 719, chapter 721, or chapter 723.
3461	Section 61.  Paragraph (c) of subsection (1) of section
3462	721.03, Florida Statutes, is amended to read:
3463	721.03  Scope of chapter.--
3464	(1)  This chapter applies to all timeshare plans consisting
3465	of more than seven timeshare periods over a period of at least 3
3466	years in which the accommodations and facilities, if any, are
3467	located within this state or offered within this state; provided
3468	that:
3469	(c)  All timeshare accommodations or facilities which are
3470	located outside the state but offered for sale in this state
3471	shall be governed by the following:
3472	1.  The offering for sale in this state of timeshare
3473	accommodations and facilities located outside the state is
3474	subject only to the provisions of ss. 721.01-721.12, 721.18,
3475	721.20, 721.21, 721.26, 721.28, and part II.
3476	2.  The division shall not require a developer of timeshare
3477	accommodations or facilities located outside of this state to
3478	make changes in any timeshare instrument to conform to the
3479	provisions of s. 721.07 or s. 721.55. The division shall have
3480	the power to require disclosure of those provisions of the
3481	timeshare instrument that do not conform to s. 721.07 or s.
3482	721.55 as the director determines is necessary to fairly,
3483	meaningfully, and effectively disclose all aspects of the
3484	timeshare plan.
3485	3.  Except as provided in this subparagraph, the division
3486	shall have no authority to determine whether any person has
3487	complied with another state's laws or to disapprove any filing
3488	out-of-state, timeshare instrument, or component site document,
3489	based solely upon the lack or degree of timeshare regulation in
3490	another state. The division may require a developer to obtain
3491	and provide to the division existing documentation relating to
3492	an out-of-state filing, timeshare instrument, or component site
3493	document and prove compliance of same with the laws of that
3494	state. In this regard, the division may accept any evidence of
3495	the approval or acceptance of any out-of-state filing, timeshare
3496	instrument, or component site document by another state in lieu
3497	of requiring a developer to file the out-of-state filing,
3498	timeshare instrument, or component site document with the
3499	division pursuant to this section, or the division may accept an
3500	opinion letter from an attorney or law firm opining as to the
3501	compliance of such out-of-state filing, timeshare instrument, or
3502	component site document with the laws of another state. The
3503	division may refuse to approve the inclusion of any out-of-state
3504	filing, timeshare instrument, or component site document as part
3505	of a public offering statement based upon the inability of the
3506	developer to establish the compliance of same with the laws of
3507	another state.
3508	4.  The division is authorized to enter into an agreement
3509	with another state for the purpose of facilitating the
3510	processing of out-of-state timeshare instruments or other
3511	component site documents pursuant to this chapter and for the
3512	purpose of facilitating the referral of consumer complaints to
3513	the appropriate state.
3514	5.  Notwithstanding any other provision of this paragraph,
3515	the offer, in this state, of an additional interest to existing
3516	purchasers in the same timeshare plan, the same nonspecific
3517	multisite timeshare plan, or the same component site of a
3518	multisite timeshare plan with accommodations and facilities
3519	located outside of this state shall not be subject to the
3520	provisions of this chapter if the offer complies with the
3521	provisions of s. 721.11(4).
3522	Section 62.  Subsection (11) of section 721.05, Florida
3523	Statutes, is amended to read:
3524	721.05  Definitions.--As used in this chapter, the term:
3525	(11)  "Division" means the Division of Florida Land Sales,
3526	Condominiums, Timeshares, and Mobile Homes of the Department of
3527	Business and Professional Regulation.
3528	Section 63.  Paragraph (d) of subsection (2) of section
3529	721.07, Florida Statutes, is amended to read:
3530	721.07  Public offering statement.--Prior to offering any
3531	timeshare plan, the developer must submit a filed public
3532	offering statement to the division for approval as prescribed by
3533	s. 721.03, s. 721.55, or this section. Until the division
3534	approves such filing, any contract regarding the sale of that
3535	timeshare plan is subject to cancellation by the purchaser
3536	pursuant to s. 721.10.
3537	(2)
3538	(d)  A developer shall have the authority to deliver to
3539	purchasers any purchaser public offering statement that is not
3540	yet approved by the division, provided that the following shall
3541	apply:
3542	1.  At the time the developer delivers an unapproved
3543	purchaser public offering statement to a purchaser pursuant to
3544	this paragraph, the developer shall deliver a fully completed
3545	and executed copy of the purchase contract required by s. 721.06
3546	that contains the following statement in conspicuous type in
3547	substantially the following form which shall replace the
3548	statements required by s. 721.06(1)(g):
3549
3550	The developer is delivering to you a public offering statement
3551	that has been filed with but not yet approved by the Division of
3552	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3553	Any revisions to the unapproved public offering statement you
3554	have received must be delivered to you, but only if the
3555	revisions materially alter or modify the offering in a manner
3556	adverse to you. After the division approves the public offering
3557	statement, you will receive notice of the approval from the
3558	developer and the required revisions, if any.
3559
3560	Your statutory right to cancel this transaction without any
3561	penalty or obligation expires 10 calendar days after the date
3562	you signed your purchase contract or the date on which you
3563	receive the last of all documents required to be given to you
3564	pursuant to section 721.07(6), Florida Statutes, or 10 calendar
3565	days after you receive revisions required to be delivered to
3566	you, if any, whichever is later. If you decide to cancel this
3567	contract, you must notify the seller in writing of your intent
3568	to cancel. Your notice of cancellation shall be effective upon
3569	the date sent and shall be sent to   (Name of Seller)   at
3570	(Address of Seller)  . Any attempt to obtain a waiver of your
3571	cancellation right is void and of no effect. While you may
3572	execute all closing documents in advance, the closing, as
3573	evidenced by delivery of the deed or other document, before
3574	expiration of your 10-day cancellation period, is prohibited.
3575
3576	2.  After receipt of approval from the division and prior
3577	to closing, if any revisions made to the documents contained in
3578	the purchaser public offering statement materially alter or
3579	modify the offering in a manner adverse to a purchaser, the
3580	developer shall send the purchaser such revisions together with
3581	a notice containing a statement in conspicuous type in
3582	substantially the following form:
3583
3584	The unapproved public offering statement previously delivered to
3585	you, together with the enclosed revisions, has been approved by
3586	the Division of Florida Land Sales, Condominiums, Timeshares,
3587	and Mobile Homes. Accordingly, your cancellation right expires
3588	10 calendar days after you sign your purchase contract or 10
3589	calendar days after you receive these revisions, whichever is
3590	later. If you have any questions regarding your cancellation
3591	rights, you may contact the division at [insert division's
3592	current address].
3593
3594	3.  After receipt of approval from the division and prior
3595	to closing, if no revisions have been made to the documents
3596	contained in the unapproved purchaser public offering statement,
3597	or if such revisions do not materially alter or modify the
3598	offering in a manner adverse to a purchaser, the developer shall
3599	send the purchaser a notice containing a statement in
3600	conspicuous type in substantially the following form:
3601
3602	The unapproved public offering statement previously delivered to
3603	you has been approved by the Division of Florida Land Sales,
3604	Condominiums, Timeshares, and Mobile Homes. Revisions made to
3605	the unapproved public offering statement, if any, are either not
3606	required to be delivered to you or are not deemed by the
3607	developer, in its opinion, to materially alter or modify the
3608	offering in a manner that is adverse to you. Accordingly, your
3609	cancellation right expired 10 days after you signed your
3610	purchase contract. A complete copy of the approved public
3611	offering statement is available through the managing entity for
3612	inspection as part of the books and records of the plan. If you
3613	have any questions regarding your cancellation rights, you may
3614	contact the division at [insert division's current address].
3615	Section 64.  Subsection (8) of section 721.08, Florida
3616	Statutes, is amended to read:
3617	721.08  Escrow accounts; nondisturbance instruments;
3618	alternate security arrangements; transfer of legal title.--
3619	(8)  An escrow agent holding escrowed funds pursuant to
3620	this chapter that have not been claimed for a period of 5 years
3621	after the date of deposit shall make at least one reasonable
3622	attempt to deliver such unclaimed funds to the purchaser who
3623	submitted such funds to escrow. In making such attempt, an
3624	escrow agent is entitled to rely on a purchaser's last known
3625	address as set forth in the books and records of the escrow
3626	agent and is not required to conduct any further search for the
3627	purchaser. If an escrow agent's attempt to deliver unclaimed
3628	funds to any purchaser is unsuccessful, the escrow agent may
3629	deliver such unclaimed funds to the division and the division
3630	shall deposit such unclaimed funds in the Division of Florida
3631	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3632	Fund, 30 days after giving notice in a publication of general
3633	circulation in the county in which the timeshare property
3634	containing the purchaser's timeshare interest is located. The
3635	purchaser may claim the same at any time prior to the delivery
3636	of such funds to the division. After delivery of such funds to
3637	the division, the purchaser shall have no more rights to the
3638	unclaimed funds. The escrow agent shall not be liable for any
3639	claims from any party arising out of the escrow agent's delivery
3640	of the unclaimed funds to the division pursuant to this section.
3641	Section 65.  Section 721.26, Florida Statutes, is amended
3642	to read:
3643	721.26  Regulation by division.--The division has the power
3644	to enforce and ensure compliance with the provisions of this
3645	chapter, except for parts III and IV, using the powers provided
3646	in this chapter, as well as the powers prescribed in chapters
3647	498, 718, and 719. In performing its duties, the division shall
3648	have the following powers and duties:
3649	(1)  To aid in the enforcement of this chapter, or any
3650	division rule adopted or order promulgated or issued pursuant to
3651	this chapter, the division may make necessary public or private
3652	investigations within or outside this state to determine whether
3653	any person has violated or is about to violate this chapter, or
3654	any division rule adopted or order promulgated or issued
3655	pursuant to this chapter.
3656	(2)  The division may require or permit any person to file
3657	a written statement under oath or otherwise, as the division
3658	determines, as to the facts and circumstances concerning a
3659	matter under investigation.
3660	(3)  For the purpose of any investigation under this
3661	chapter, the director of the division or any officer or employee
3662	designated by the director may administer oaths or affirmations,
3663	subpoena witnesses and compel their attendance, take evidence,
3664	and require the production of any matter which is relevant to
3665	the investigation, including the identity, existence,
3666	description, nature, custody, condition, and location of any
3667	books, documents, or other tangible things and the identity and
3668	location of persons having knowledge of relevant facts or any
3669	other matter reasonably calculated to lead to the discovery of
3670	material evidence. Failure to obey a subpoena or to answer
3671	questions propounded by the investigating officer and upon
3672	reasonable notice to all persons affected thereby shall be a
3673	violation of this chapter. In addition to the other enforcement
3674	powers authorized in this subsection, the division may, at its
3675	discretion, apply to the circuit court for an order compelling
3676	compliance.
3677	(4)  The division may prepare and disseminate a prospectus
3678	and other information to assist prospective purchasers, sellers,
3679	and managing entities of timeshare plans in assessing the
3680	rights, privileges, and duties pertaining thereto.
3681	(5)  Notwithstanding any remedies available to purchasers,
3682	if the division has reasonable cause to believe that a violation
3683	of this chapter, or of any division rule adopted or order
3684	promulgated or issued pursuant to this chapter, has occurred,
3685	the division may institute enforcement proceedings in its own
3686	name against any regulated party, as such term is defined in
3687	this subsection:
3688	(a)1.  "Regulated party," for purposes of this section,
3689	means any developer, exchange company, seller, managing entity,
3690	owners' association, owners' association director, owners'
3691	association officer, manager, management firm, escrow agent,
3692	trustee, any respective assignees or agents, or any other person
3693	having duties or obligations pursuant to this chapter.
3694	2.  Any person who materially participates in any offer or
3695	disposition of any interest in, or the management or operation
3696	of, a timeshare plan in violation of this chapter or relevant
3697	rules involving fraud, deception, false pretenses,
3698	misrepresentation, or false advertising or the disbursement,
3699	concealment, or diversion of any funds or assets, which conduct
3700	adversely affects the interests of a purchaser, and which person
3701	directly or indirectly controls a regulated party or is a
3702	general partner, officer, director, agent, or employee of such
3703	regulated party, shall be jointly and severally liable under
3704	this subsection with such regulated party, unless such person
3705	did not know, and in the exercise of reasonable care could not
3706	have known, of the existence of the facts giving rise to the
3707	violation of this chapter. A right of contribution shall exist
3708	among jointly and severally liable persons pursuant to this
3709	paragraph.
3710	(b)  The division may permit any person whose conduct or
3711	actions may be under investigation to waive formal proceedings
3712	and enter into a consent proceeding whereby an order, rule, or
3713	letter of censure or warning, whether formal or informal, may be
3714	entered against that person.
3715	(c)  The division may issue an order requiring a regulated
3716	party to cease and desist from an unlawful practice under this
3717	chapter and take such affirmative action as in the judgment of
3718	the division will carry out the purposes of this chapter.
3719	(d)1.  The division may bring an action in circuit court
3720	for declaratory or injunctive relief or for other appropriate
3721	relief, including restitution.
3722	2.  The division shall have broad authority and discretion
3723	to petition the circuit court to appoint a receiver with respect
3724	to any managing entity which fails to perform its duties and
3725	obligations under this chapter with respect to the operation of
3726	a timeshare plan. The circumstances giving rise to an
3727	appropriate petition for receivership under this subparagraph
3728	include, but are not limited to:
3729	a.  Damage to or destruction of any of the accommodations
3730	or facilities of a timeshare plan, where the managing entity has
3731	failed to repair or reconstruct same.
3732	b.  A breach of fiduciary duty by the managing entity,
3733	including, but not limited to, undisclosed self-dealing or
3734	failure to timely assess, collect, or disburse the common
3735	expenses of the timeshare plan.
3736	c.  Failure of the managing entity to operate the timeshare
3737	plan in accordance with the timeshare instrument and this
3738	chapter.
3739
3740	If, under the circumstances, it appears that the events giving
3741	rise to the petition for receivership cannot be reasonably and
3742	timely corrected in a cost-effective manner consistent with the
3743	timeshare instrument, the receiver may petition the circuit
3744	court to implement such amendments or revisions to the timeshare
3745	instrument as may be necessary to enable the managing entity to
3746	resume effective operation of the timeshare plan, or to enter an
3747	order terminating the timeshare plan, or to enter such further
3748	orders regarding the disposition of the timeshare property as
3749	the court deems appropriate, including the disposition and sale
3750	of the timeshare property held by the owners' association or the
3751	purchasers. In the event of a receiver's sale, all rights,
3752	title, and interest held by the owners' association or any
3753	purchaser shall be extinguished and title shall vest in the
3754	buyer. This provision applies to timeshare estates, personal
3755	property timeshare interests, and timeshare licenses. All
3756	reasonable costs and fees of the receiver relating to the
3757	receivership shall become common expenses of the timeshare plan
3758	upon order of the court.
3759	3.  The division may revoke its approval of any filing for
3760	any timeshare plan for which a petition for receivership has
3761	been filed pursuant to this paragraph.
3762	(e)1.  The division may impose a penalty against any
3763	regulated party for a violation of this chapter or any rule
3764	adopted thereunder. A penalty may be imposed on the basis of
3765	each day of continuing violation, but in no event may the
3766	penalty for any offense exceed $10,000. All accounts collected
3767	shall be deposited with the Chief Financial Officer to the
3768	credit of the Division of Florida Land Sales, Condominiums,
3769	Timeshares, and Mobile Homes Trust Fund.
3770	2.a.  If a regulated party fails to pay a penalty, the
3771	division shall thereupon issue an order directing that such
3772	regulated party cease and desist from further operation until
3773	such time as the penalty is paid; or the division may pursue
3774	enforcement of the penalty in a court of competent jurisdiction.
3775	b.  If an owners' association or managing entity fails to
3776	pay a civil penalty, the division may pursue enforcement in a
3777	court of competent jurisdiction.
3778	(f)  In order to permit the regulated party an opportunity
3779	either to appeal such decision administratively or to seek
3780	relief in a court of competent jurisdiction, the order imposing
3781	the penalty or the cease and desist order shall not become
3782	effective until 20 days after the date of such order.
3783	(g)  Any action commenced by the division shall be brought
3784	in the county in which the division has its executive offices or
3785	in the county where the violation occurred.
3786	(h)  Notice to any regulated party shall be complete when
3787	delivered by United States mail, return receipt requested, to
3788	the party's address currently on file with the division or to
3789	such other address at which the division is able to locate the
3790	party. Every regulated party has an affirmative duty to notify
3791	the division of any change of address at least 5 business days
3792	prior to such change.
3793	(6)  The division has authority to adopt rules pursuant to
3794	ss. 120.536(1) and 120.54 to implement and enforce the
3795	provisions of this chapter.
3796	(7)(a)  The use of any unfair or deceptive act or practice
3797	by any person in connection with the sales or other operations
3798	of an exchange program or timeshare plan is a violation of this
3799	chapter.
3800	(b)  Any violation of the Florida Deceptive and Unfair
3801	Trade Practices Act, ss. 501.201 et seq., relating to the
3802	creation, promotion, sale, operation, or management of any
3803	timeshare plan shall also be a violation of this chapter.
3804	(c)  The division may is authorized to institute
3805	proceedings against any such person and take any appropriate
3806	action authorized in this section in connection therewith,
3807	notwithstanding any remedies available to purchasers.
3808	(8)  The failure of any person to comply with any order of
3809	the division is a violation of this chapter.
3810	Section 66.  Section 721.28, Florida Statutes, is amended
3811	to read:
3812	721.28  Division of Florida Land Sales, Condominiums,
3813	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
3814	the division and any amounts paid as fees or penalties under
3815	this chapter shall be deposited in the State Treasury to the
3816	credit of the Division of Florida Land Sales, Condominiums,
3817	Timeshares, and Mobile Homes Trust Fund created by s. 718.509
3818	498.019.
3819	Section 67.  Paragraph (c) of subsection (1) of section
3820	721.301, Florida Statutes, is amended to read:
3821	721.301  Florida Timesharing, Vacation Club, and
3822	Hospitality Program.--
3823	(1)
3824	(c)  The director may designate funds from the Division of
3825	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
3826	Trust Fund, not to exceed $50,000 annually, to support the
3827	projects and proposals undertaken pursuant to paragraph (b). All
3828	state trust funds to be expended pursuant to this section must
3829	be matched equally with private moneys and shall comprise no
3830	more than half of the total moneys expended annually.
3831	Section 68.  Section 721.50, Florida Statutes, is amended
3832	to read:
3833	721.50  Short title.--This part may be cited as the
3834	"McAllister Act" in recognition and appreciation for the years
3835	of extraordinary and insightful contributions by Mr. Bryan C.
3836	McAllister, Examinations Supervisor of the former, Division of
3837	Florida Land Sales, Condominiums, and Mobile Homes.
3838	Section 69.  Subsection (1) of section 723.003, Florida
3839	Statutes, is amended to read:
3840	723.003  Definitions.--As used in this chapter, the
3841	following words and terms have the following meanings unless
3842	clearly indicated otherwise:
3843	(1)  The term "division" means the Division of Florida Land
3844	Sales, Condominiums, Timeshares, and Mobile Homes of the
3845	Department of Business and Professional Regulation.
3846	Section 70.  Paragraph (e) of subsection (5) of section
3847	723.006, Florida Statutes, is amended to read:
3848	723.006  Powers and duties of division.--In performing its
3849	duties, the division has the following powers and duties:
3850	(5)  Notwithstanding any remedies available to mobile home
3851	owners, mobile home park owners, and homeowners' associations,
3852	if the division has reasonable cause to believe that a violation
3853	of any provision of this chapter or related any rule promulgated
3854	pursuant hereto has occurred, the division may institute
3855	enforcement proceedings in its own name against a developer,
3856	mobile home park owner, or homeowners' association, or its
3857	assignee or agent, as follows:
3858	(e)1.  The division may impose a civil penalty against a
3859	mobile home park owner or homeowners' association, or its
3860	assignee or agent, for any violation of this chapter, a properly
3861	adopted promulgated park rule or regulation, or a rule adopted
3862	or regulation promulgated pursuant hereto. A penalty may be
3863	imposed on the basis of each separate violation and, if the
3864	violation is a continuing one, for each day of continuing
3865	violation, but in no event may the penalty for each separate
3866	violation or for each day of continuing violation exceed $5,000.
3867	All amounts collected shall be deposited with the Chief
3868	Financial Officer to the credit of the Division of Florida Land
3869	Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund.
3870	2.  If a violator fails to pay the civil penalty, the
3871	division shall thereupon issue an order directing that such
3872	violator cease and desist from further violation until such time
3873	as the civil penalty is paid or may pursue enforcement of the
3874	penalty in a court of competent jurisdiction. If a homeowners'
3875	association fails to pay the civil penalty, the division shall
3876	thereupon pursue enforcement in a court of competent
3877	jurisdiction, and the order imposing the civil penalty or the
3878	cease and desist order shall not become effective until 20 days
3879	after the date of such order. Any action commenced by the
3880	division shall be brought in the county in which the division
3881	has its executive offices or in which the violation occurred.
3882	Section 71.  Section 723.009, Florida Statutes, is amended
3883	to read:
3884	723.009  Division of Florida Land Sales, Condominiums,
3885	Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
3886	fees, penalties, and fines imposed pursuant to this chapter
3887	shall be deposited into the Division of Florida Land Sales,
3888	Condominiums, Timeshares, and Mobile Homes Trust Fund created by
3889	s. 718.509 498.019. Moneys in this fund, as appropriated by the
3890	Legislature pursuant to chapter 216, may be used to defray the
3891	expenses incurred by the division in administering the
3892	provisions of this chapter.
3893	Section 72.  Paragraph (c) of subsection (2) of section
3894	723.0611, Florida Statutes, is amended to read:
3895	723.0611  Florida Mobile Home Relocation Corporation.--
3896	(2)
3897	(c)  The corporation shall, for purposes of s. 768.28, be
3898	considered an agency of the state. Agents or employees of the
3899	corporation, members of the board of directors of the
3900	corporation, or representatives of the Division of Florida Land
3901	Sales, Condominiums, Timeshares, and Mobile Homes shall be
3902	considered officers, employees, or agents of the state, and
3903	actions against them and the corporation shall be governed by s.
3904	768.28.
3905	Section 73.  Except as otherwise expressly provided in this
3906	act, this act shall take effect July 1, 2008.
3907
3908	-----------------------------------------------------
3909	T I T L E  A M E N D M E N T
3910	Remove the entire title and insert:
3911	A bill to be entitled
3912	An act relating to the Department of Business and Professional
3913	Regulation; amending s. 718.111, F.S.; requiring that hazard
3914	insurance be based upon the replacement cost of the property to
3915	be insured as determined by an independent insurance appraisal
3916	or update of a prior appraisal; requiring that the full
3917	insurable value be determined at specified intervals; providing
3918	a means by which an association may provide adequate hazard
3919	insurance; authorizing an association to consider certain
3920	information when determining coverage amounts; providing for
3921	coverage by developer-controlled associations; providing that
3922	policies may include deductibles as determined by the
3923	association's board of directors; providing requirements and
3924	guidelines for the establishment of such deductibles; requiring
3925	that the amounts of deductibles be set at a meeting of the
3926	board; providing requirements for such meeting; requiring that
3927	an association controlled by unit owners operating as a
3928	residential condominium use its best efforts to obtain and
3929	maintain adequate insurance to protect the association and
3930	property under its supervision or control; providing that a
3931	declaration of condominium may provide that condominium property
3932	consisting of freestanding buildings comprised of no more than
3933	one building in or on such unit need not be insured by the
3934	association if the declaration requires the unit owner to obtain
3935	adequate insurance for the condominium property; authorizing an
3936	association to obtain and maintain liability insurance for
3937	directors and officers, insurance for the benefit of association
3938	employees, and flood insurance for common elements, association
3939	property, and units; requiring that every hazard insurance
3940	policy issued or renewed on or after a specified date for the
3941	purpose of protecting the condominium provide certain coverage;
3942	requiring that such policies contain certain provisions;
3943	providing that such policies issued to individual unit owners do
3944	not provide rights of subrogation against the condominium
3945	association; providing for the insurance of improvements or
3946	additions benefiting fewer than all unit owners; requiring that
3947	an association require each owner to provide evidence of a
3948	current policy of hazard and liability insurance upon request;
3949	limiting the frequency with which an association may make such a
3950	request; authorizing an association to purchase coverage on
3951	behalf of an owner under certain circumstances; providing for
3952	the collection of the costs of such a policy; providing
3953	responsibilities of the unit owner and association with regard
3954	to reconstruction work and associated costs after a casualty
3955	loss; authorizing a multicondominium association to operate such
3956	condominiums as a single condominium for certain purposes by
3957	majority vote of the members of all applicable condominiums;
3958	providing that such election constitutes an amendment to the
3959	declaration of all applicable condominiums; requiring that an
3960	association maintain insurance or fidelity bonding for all
3961	persons who control or disburse association funds; requiring
3962	that such insurance policy or fidelity bond cover the maximum
3963	funds in the custody of the association or its management agent
3964	at any one time; defining the term "persons who control or
3965	disburse funds of the association"; authorizing an association
3966	to amend the declaration of condominium without regard to any
3967	requirement for approval by mortgagees of amendments affecting
3968	insurance requirements for the purpose of conforming the
3969	declaration of condominium to certain coverage requirements;
3970	providing that any portion of the condominium property required
3971	to be insured by the association against casualty loss which is
3972	damaged be reconstructed, repaired, or replaced as necessary by
3973	the association as a common expense; providing that all hazard
3974	insurance deductibles, uninsured losses, and other damages in
3975	excess of hazard insurance coverage under the hazard insurance
3976	policies maintained by the association are a common expense of
3977	the condominium; providing exceptions; allocating responsibility
3978	for certain costs of repair or reconstruction; authorizing an
3979	association to opt out of certain requirements related to such
3980	allocation of responsibility by majority vote; providing a
3981	procedure by which a multicondominium association that has not
3982	consolidated its financial operations may opt out of such
3983	allocation of responsibility; requiring that a decision to opt
3984	out be recorded; providing that such decision takes effect on
3985	the date on which it is recorded; authorizing the reversal of
3986	such decision; providing a procedure for reversal; providing
3987	that an association is not obligated to pay for any
3988	reconstruction or repair expenses for improvements made by an
3989	owner or the development if an improvement benefits only the
3990	unit for which it was installed; amending s. 718.115, F.S.;
3991	requiring that certain expenses be designated as common
3992	expenses; amending s. 718.116, F.S.; authorizing the designee of
3993	a unit owner or mortgagee to request a certificate of
3994	assessment; requiring that the fee for preparation of such
3995	certificate be stated on the certificate; providing for the
3996	establishment of such fees; providing for payment of the fee;
3997	requiring that the fee be refunded if a planned sale or mortgage
3998	does not occur; providing that any such refund is the obligation
3999	of the unit owner and is collectable in the same manner as an
4000	assessment; amending s. 718.117, F.S.; prohibiting the
4001	distribution of proceeds from the sale of a condominium unit to
4002	a lienholder from exceeding a unit owner's share of the
4003	proceeds; creating s. 720.30851, F.S.; requiring that the
4004	association provide a certificate signed by an officer or agent
4005	of the association stating all assessments and other moneys owed
4006	to the association by the parcel owner or mortgagee with respect
4007	to the parcel within a specified period after the association's
4008	receipt of a request for an estoppel certificate by an owner or
4009	mortgagee; providing that any person other than a parcel owner
4010	who relies upon a certificate receives the benefits and
4011	protection thereof; providing that a summary proceeding may be
4012	brought to compel the association to comply with the requirement
4013	to provide a certificate; providing that the prevailing party is
4014	entitled to recover reasonable attorney's fees; requiring that
4015	the fee for preparation of such certificate be stated on the
4016	certificate; providing for the establishment of such fees;
4017	providing for payment of the fee; requiring that the fee be
4018	refunded if a planned sale or mortgage does not occur; providing
4019	that any such refund is the obligation of the unit owner and is
4020	collectable in the same manner as an assessment; amending s.
4021	20.165, F.S.; changing the name of the Division of Florida Land
4022	Sales, Condominiums, and Mobile Homes to the Division of Florida
4023	Condominiums, Timeshares, and Mobile Homes and the Division of
4024	Technology, Licensure, and Testing to the Division of
4025	Technology; amending s. 215.20, F.S.; conforming the name of the
4026	division's trust fund to correspond to the name change of the
4027	division; amending s. 450.33, F.S.; removing the requirement for
4028	a farm labor contractor to file a set of fingerprints with the
4029	department; amending s. 455.203, F.S.; authorizing the
4030	department to close and terminate deficient license applications
4031	and to approve professional license applications meeting certain
4032	criteria; amending s. 455.217, F.S.; conforming terminology to
4033	changes made by the act; amending s. 455.2273, F.S.; authorizing
4034	the section to apply to disciplinary guidelines adopted by all
4035	boards and divisions; amending s. 468.841, F.S.; clarifying
4036	exemption provisions for license provisions governing mold-
4037	related services; amending s. 475.17, F.S.; revising
4038	requirements for licensure as a real estate broker; amending s.
4039	475.451, F.S.; deleting requirements relating to the submission
4040	of certain real estate course rosters to the department;
4041	amending s. 489.105, F.S.; clarifying that individuals and
4042	business entities that sell manufactured and factory-built
4043	buildings can legally enter into contracts for those sales;
4044	amending s. 489.511, F.S.; revising requirements for taking the
4045	electrical or alarm system contractor certification examination;
4046	providing requirements for certification; amending s. 489.515,
4047	F.S.; revising requirements for certification as a certified
4048	contractor by the Electrical Contractors' Licensing Board to
4049	reflect changes made to s. 489.511, F.S., by this act;
4050	renumbering s. 498.009, F.S., relating to the location of the
4051	division's offices; amending and renumbering s. 498.011, F.S.,
4052	relating to payment of per diem, mileage, and other expenses for
4053	division employees; providing for reimbursement of expenses for
4054	on-site review; deleting the expense reimbursement for
4055	inspection of subdivided lands; renumbering s. 498.013, F.S.,
4056	relating to the authentication of records; amending and
4057	renumbering s. 498.057, F.S., relating to service of process;
4058	deleting provision that service may be made by delivering a copy
4059	of the process to the division director; providing that the
4060	division can be the petitioner or the plaintiff; repealing ss.
4061	498.001, 498.003, 498.005, 498.007, 498.017, 498.021, 498.022,
4062	498.023, 498.024, 498.025, 498.027, 498.028, 498.029, 498.031,
4063	498.033, 498.035, 498.037, 498.039, 498.041, 498.047, 498.049,
4064	498.051, 498.053, 498.059, 498.061, and 498.063, F.S., relating
4065	to regulation of land sales practices; amending s. 548.0065,
4066	F.S.; including amateur mixed martial arts in a provision
4067	relating to the authority of the Florida State Boxing Commission
4068	to suspend amateur matches for violation of certain health and
4069	safety standards; amending s. 548.008, F.S.; removing
4070	prohibition against holding amateur mixed martial arts matches
4071	in this state; amending s. 548.041, F.S.; providing additional
4072	licensure requirements for boxing participants; amending s.
4073	718.501, F.S.; providing additional powers and duties of the
4074	division; providing for additional enforcement proceedings for
4075	carrying out the purposes of ch. 718, F.S.; deleting the payment
4076	of money by a developer to a condominium association as a
4077	permissible affirmative action; providing for actions of
4078	conservator or receiver; providing for application to circuit
4079	court for an order of restitution; providing for imposition of
4080	civil penalties and award of court costs, attorney's fees, and
4081	costs of investigation under certain circumstances; providing
4082	for contracting for investigative services; providing for
4083	acceptance of grants-in-aid; requiring the cooperation with
4084	similar agencies on establishment of certain procedures,
4085	standards, and forms; providing what constitutes completeness of
4086	notice; authorizing the division to issue a notice to show
4087	cause; providing conforming changes; amending s. 718.509, F.S.,
4088	and transferring, renumbering, and amending s. 498.019, F.S.;
4089	consolidating and revising provisions relating to the creation,
4090	purposes, and sources of funds of the Division of Florida
4091	Condominiums, Timeshares, and Mobile Homes Trust Fund; revising
4092	provisions to conform to the change in division name; providing
4093	for the deposit of moneys resulting from an administrative final
4094	order; amending s. 721.03, F.S.; clarifying that timeshare plan
4095	includes a nonspecific multisite timeshare plan; amending ss.
4096	73.073, 190.009, 192.037, 213.053, 326.002, 326.006, 380.05,
4097	380.06, 380.0651, 381.0065, 455.116, 475.455, 494.008, 509.512,
4098	517.301, 559.935, 718.103, 718.105, 718.1255, 718.5011, 718.502,
4099	718.504, 718.508, 718.608, 719.103, 719.1255, 719.501, 719.502,
4100	719.504, 719.508, 719.608, 720.301, 720.401, 721.05, 721.07,
4101	721.08, 721.26, 721.28, 721.301, 721.50, 723.003, 723.006,
4102	723.009, and 723.0611, F.S., to conform; providing effective
4103	dates.

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