HB 601

1	A bill to be entitled
2	An act relating to the Department of Business and
3	Professional Regulation; amending s. 20.165, F.S.;
4	changing the name of the Division of Florida Land Sales,
5	Condominiums, and Mobile Homes to the Division of Florida
6	Condominiums, Timeshares, and Mobile Homes; amending s.
7	215.20, F.S.; conforming the name of the division's trust
8	fund to correspond to the name change of the division;
9	amending s. 450.33, F.S.; removing the requirement for a
10	farm labor contractor to file a set of fingerprints with
11	the department; amending s. 455.203, F.S.; authorizing the
12	department to close and terminate deficient license
13	applications; authorizing the department to approve
14	professional license applications meeting certain
15	criteria; amending s. 475.451, F.S.; deleting requirements
16	relating to submission of certain real estate course
17	rosters to the department; amending s. 489.511, F.S.;
18	revising requirements for taking the electrical or alarm
19	system contractor certification examination; providing
20	requirements for certification; amending s. 489.515, F.S.;
21	revising requirements for certification as a certified
22	contractor by the Electrical Contractors' Licensing Board
23	to reflect changes made to s. 489.511, F.S., by this act;
24	amending and renumbering s. 498.011, F.S., relating to
25	payment of per diem, mileage, and other expenses for
26	division employees; deleting expense reimbursement for
27	inspection of subdivided lands; providing for
28	reimbursement of expenses for on-site review or
29	investigation required in other areas of responsibility;
30	amending and renumbering s. 498.022, F.S., relating to
31	jurisdiction over fraudulent acts; transferring such acts
32	to be handled as unfair and deceptive trade practices
33	under ch. 501, F.S.; deleting provision requiring division
34	enforcement of provision referencing a provision being
35	repealed; deleting provision relating to rights of
36	purchaser of subdivided lands under a provision being
37	repealed; providing a definition of the term "common
38	promotional plan"; amending and renumbering s. 498.057,
39	F.S., relating to service of process; deleting provision
40	that service may be made by delivering a copy of the
41	process to division director; providing that the division
42	can be the petitioner or the plaintiff; repealing ss.
43	498.001, 498.003, 498.005, 498.007, 498.017, 498.021,
44	498.023, 498.024, 498.025, 498.027, 498.028, 498.029,
45	498.031, 498.033, 498.035, 498.037, 498.039, 498.041,
46	498.047, 498.049, 498.051, 498.053, 498.059, 498.061, and
47	498.063, F.S., relating to regulation of land sales
48	practices; amending s. 548.0065, F.S.; including amateur
49	mixed martial arts in a provision relating to the
50	authority of the Florida State Boxing Commission to
51	suspend amateur matches for violation of certain health
52	and safety standards; extending requirements for amateur
53	matches and amateur sanctioning organizations to amateur
54	mixed martial arts by addition of reference to mixed
55	martial arts; amending s. 548.008, F.S.; removing a
56	provision prohibiting amateur mixed martial arts matches
57	from being held in this state; amending s. 718.112, F.S.;
58	requiring an association annual budget to be adopted prior
59	to the beginning of the fiscal year; amending s. 718.501,
60	F.S.; providing additional powers and duties of the
61	division; providing for admission of certain evidence as
62	competent evidence in a hearing; providing certain
63	affirmative action for carrying out purposes of ch. 718,
64	F.S.; providing for actions of conservator or receiver;
65	providing for application to circuit court for an order of
66	restitution; providing for imposition of civil penalties
67	and award of court costs, attorney's fees, and costs of
68	investigation under certain circumstances; providing for
69	contracting for investigative services; providing for
70	acceptance of grants-in-aid; requiring the cooperation
71	with similar agencies on establishment of certain
72	procedures, standards, and forms; providing what
73	constitutes completeness of notice; authorizing the
74	division to issue a notice to show cause; providing
75	conforming changes; amending s. 718.509, F.S.; amending
76	trust fund language and incorporating and amending s.
77	498.019, F.S.; deleting language relating to deposit of
78	certain moneys into trust fund created in s. 498.019,
79	F.S.; amending language incorporated to conform to change
80	in division name; adding language to provide for the
81	deposit of moneys resulting from an administrative final
82	order; amending s. 720.401, F.S.; deleting reference to a
83	subdivider registered under ch. 498, F.S., to conform;
84	amending s. 723.011, F.S.; requiring a filing fee for
85	amendments to prospectus disclosure documents; amending
86	ss. 73.073, 190.009, 192.037, 213.053, 326.002, 326.006,
87	380.05, 380.06, 380.0651, 381.0065, 455.116, 475.455,
88	494.008, 509.512, 517.301, 559.935, 718.103, 718.105,
89	718.1255, 718.5011, 718.502, 718.504, 718.508, 718.608,
90	719.103, 719.1255, 719.501, 719.502, 719.504, 719.508,
91	719.608, 720.301, 720.401, 721.05, 721.07, 721.08, 721.26,
92	721.28, 721.301, 721.50, 723.003, 723.006, 723.009, and
93	723.0611, F.S., to conform; providing an effective date.
94
95	Be It Enacted by the Legislature of the State of Florida:
96
97	Section 1.  Paragraph (d) of subsection (2) of section
98	20.165, Florida Statutes, is amended to read:
99	20.165  Department of Business and Professional
100	Regulation.--There is created a Department of Business and
101	Professional Regulation.
102	(2)  The following divisions of the Department of Business
103	and Professional Regulation are established:
104	(d)  Division of Florida Land Sales, Condominiums,
105	Timeshares, and Mobile Homes.
106	Section 2.  Subsection (2) of section 73.073, Florida
107	Statutes, is amended to read:
108	73.073  Eminent domain procedure with respect to
109	condominium common elements.--
110	(2)  With respect to the exercise of eminent domain or a
111	negotiated sale for the purchase or taking of a portion of the
112	common elements of a condominium, the condemning authority shall
113	have the responsibility of contacting the condominium
114	association and acquiring the most recent rolls indicating the
115	names of the unit owners or contacting the appropriate taxing
116	authority to obtain the names of the owners of record on the tax
117	rolls. Notification shall thereupon be sent by certified mail,
118	return receipt requested, to the unit owners of record of the
119	condominium units by the condemning authority indicating the
120	intent to purchase or take the required property and requesting
121	a response from the unit owner. The condemning authority shall
122	be responsible for the expense of sending notification pursuant
123	to this section. Such notice shall, at a minimum, include:
124	(a)  The name and address of the condemning authority.
125	(b)  A written or visual description of the property.
126	(c)  The public purpose for which the property is needed.
127	(d)  The appraisal value of the property.
128	(e)  A clear, concise statement relating to the unit
129	owner's right to object to the taking or appraisal value and the
130	procedures and effects of exercising that right.
131	(f)  A clear, concise statement relating to the power of
132	the association to convey the property on behalf of the unit
133	owners if no objection to the taking or appraisal value is
134	raised, and the effects of this alternative on the unit owner.
135
136	The Division of Florida Land Sales, Condominiums, Timeshares,
137	and Mobile Homes of the Department of Business and Professional
138	Regulation may adopt, by rule, a standard form for such notice
139	and may require the notice to include any additional relevant
140	information.
141	Section 3.  Subsections (2) and (3) of section 190.009,
142	Florida Statutes, are amended to read:
143	190.009  Disclosure of public financing.--
144	(2)  The Division of Florida Land Sales, Condominiums, and
145	Mobile Homes of the Department of Business and Professional
146	Regulation shall ensure that disclosures made by developers
147	pursuant to chapter 498 meet the requirements of subsection (1).
148	(2)(3)  The Department of Community Affairs shall keep a
149	current list of districts and their disclosures pursuant to this
150	act and shall make such studies and reports and take such
151	actions as it deems necessary.
152	Section 4.  Paragraph (e) of subsection (6) of section
153	192.037, Florida Statutes, is amended to read:
154	192.037  Fee timeshare real property; taxes and
155	assessments; escrow.--
156	(6)
157	(e)  On or before May 1 of each year, a statement of
158	receipts and disbursements of the escrow account must be filed
159	with the Division of Florida Land Sales, Condominiums,
160	Timeshares, and Mobile Homes of the Department of Business and
161	Professional Regulation, which may enforce this paragraph
162	pursuant to s. 721.26. This statement must appropriately show
163	the amount of principal and interest in such account.
164	Section 5.  Paragraph (i) of subsection (8) of section
165	213.053, Florida Statutes, is amended to read:
166	213.053  Confidentiality and information sharing.--
167	(8)  Notwithstanding any other provision of this section,
168	the department may provide:
169	(i)  Information relative to chapters 212 and 326 to the
170	Division of Florida Land Sales, Condominiums, Timeshares, and
171	Mobile Homes of the Department of Business and Professional
172	Regulation in the conduct of its official duties.
173
174	Disclosure of information under this subsection shall be
175	pursuant to a written agreement between the executive director
176	and the agency. Such agencies, governmental or nongovernmental,
177	shall be bound by the same requirements of confidentiality as
178	the Department of Revenue. Breach of confidentiality is a
179	misdemeanor of the first degree, punishable as provided by s.
180	775.082 or s. 775.083.
181	Section 6.  Paragraph (d) of subsection (4) of section
182	215.20, Florida Statutes, is amended to read:
183	215.20  Certain income and certain trust funds to
184	contribute to the General Revenue Fund.--
185	(4)  The income of a revenue nature deposited in the
186	following described trust funds, by whatever name designated, is
187	that from which the appropriations authorized by subsection (3)
188	shall be made:
189	(d)  Within the Department of Business and Professional
190	Regulation:
191	1.  The Administrative Trust Fund.
192	2.  The Alcoholic Beverage and Tobacco Trust Fund.
193	3.  The Cigarette Tax Collection Trust Fund.
194	4.  The Division of Florida Land Sales, Condominiums,
195	Timeshares, and Mobile Homes Trust Fund.
196	5.  The Hotel and Restaurant Trust Fund, with the exception
197	of those fees collected for the purpose of funding of the
198	hospitality education program as stated in s. 509.302.
199	6.  The Professional Regulation Trust Fund.
200	7.  The trust funds administered by the Division of Pari-
201	mutuel Wagering.
202
203	The enumeration of the foregoing moneys or trust funds shall not
204	prohibit the applicability thereto of s. 215.24 should the
205	Governor determine that for the reasons mentioned in s. 215.24
206	the money or trust funds should be exempt herefrom, as it is the
207	purpose of this law to exempt income from its force and effect
208	when, by the operation of this law, federal matching funds or
209	contributions or private grants to any trust fund would be lost
210	to the state.
211	Section 7.  Subsection (2) of section 326.002, Florida
212	Statutes, is amended to read:
213	326.002  Definitions.--As used in ss. 326.001-326.006, the
214	term:
215	(2)  "Division" means the Division of Florida Land Sales,
216	Condominiums, Timeshares, and Mobile Homes of the Department of
217	Business and Professional Regulation.
218	Section 8.  Paragraph (d) of subsection (2) and subsection
219	(3) of section 326.006, Florida Statutes, are amended to read:
220	326.006  Powers and duties of division.--
221	(2)  The division has the power to enforce and ensure
222	compliance with the provisions of this chapter and rules adopted
223	under this chapter relating to the sale and ownership of yachts
224	and ships. In performing its duties, the division has the
225	following powers and duties:
226	(d)  Notwithstanding any remedies available to a yacht or
227	ship purchaser, if the division has reasonable cause to believe
228	that a violation of any provision of this chapter or rule
229	adopted under this chapter has occurred, the division may
230	institute enforcement proceedings in its own name against any
231	broker or salesperson or any of his or her assignees or agents,
232	or against any unlicensed person or any of his or her assignees
233	or agents, as follows:
234	1.  The division may permit a person whose conduct or
235	actions are under investigation to waive formal proceedings and
236	enter into a consent proceeding whereby orders, rules, or
237	letters of censure or warning, whether formal or informal, may
238	be entered against the person.
239	2.  The division may issue an order requiring the broker or
240	salesperson or any of his or her assignees or agents, or
241	requiring any unlicensed person or any of his or her assignees
242	or agents, to cease and desist from the unlawful practice and
243	take such affirmative action as in the judgment of the division
244	will carry out the purposes of this chapter.
245	3.  The division may bring an action in circuit court on
246	behalf of a class of yacht or ship purchasers for declaratory
247	relief, injunctive relief, or restitution.
248	4.  The division may impose a civil penalty against a
249	broker or salesperson or any of his or her assignees or agents,
250	or against an unlicensed person or any of his or her assignees
251	or agents, for any violation of this chapter or a rule adopted
252	under this chapter. A penalty may be imposed for each day of
253	continuing violation, but in no event may the penalty for any
254	offense exceed $10,000. All amounts collected must be deposited
255	with the Chief Financial Officer to the credit of the Division
256	of Florida Land Sales, Condominiums, Timeshares, and Mobile
257	Homes Trust Fund. If a broker, salesperson, or unlicensed person
258	working for a broker, fails to pay the civil penalty, the
259	division shall thereupon issue an order suspending the broker's
260	license until such time as the civil penalty is paid or may
261	pursue enforcement of the penalty in a court of competent
262	jurisdiction. The order imposing the civil penalty or the order
263	of suspension may not become effective until 20 days after the
264	date of such order. Any action commenced by the division must be
265	brought in the county in which the division has its executive
266	offices or in the county where the violation occurred.
267	(3)  All fees must be deposited in the Division of Florida
268	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
269	Fund as provided by law.
270	Section 9.  Subsection (18) of section 380.05, Florida
271	Statutes, is amended to read:
272	380.05  Areas of critical state concern.--
273	(18)  Neither the designation of an area of critical state
274	concern nor the adoption of any regulations for such an area
275	shall in any way limit or modify the rights of any person to
276	complete any development that was has been authorized by
277	registration of a subdivision pursuant to former chapter 498 or
278	former chapter 478, by recordation pursuant to local subdivision
279	plat law, or by a building permit or other authorization to
280	commence development on which there has been reliance and a
281	change of position, and which registration or recordation was
282	accomplished, or which permit or authorization was issued, prior
283	to the approval under subsection (6), or the adoption under
284	subsection (8), of land development regulations for the area of
285	critical state concern. If a developer has by his or her actions
286	in reliance on prior regulations obtained vested or other legal
287	rights that in law would have prevented a local government from
288	changing those regulations in a way adverse to the developer's
289	interests, nothing in this chapter authorizes any governmental
290	agency to abridge those rights.
291	Section 10.  Subsection (20) of section 380.06, Florida
292	Statutes, is amended to read:
293	380.06  Developments of regional impact.--
294	(20)  VESTED RIGHTS.--Nothing in this section shall limit
295	or modify the rights of any person to complete any development
296	that was has been authorized by registration of a subdivision
297	pursuant to former chapter 498, by recordation pursuant to local
298	subdivision plat law, or by a building permit or other
299	authorization to commence development on which there has been
300	reliance and a change of position and which registration or
301	recordation was accomplished, or which permit or authorization
302	was issued, prior to July 1, 1973. If a developer has, by his or
303	her actions in reliance on prior regulations, obtained vested or
304	other legal rights that in law would have prevented a local
305	government from changing those regulations in a way adverse to
306	the developer's interests, nothing in this chapter authorizes
307	any governmental agency to abridge those rights.
308	(a)  For the purpose of determining the vesting of rights
309	under this subsection, approval pursuant to local subdivision
310	plat law, ordinances, or regulations of a subdivision plat by
311	formal vote of a county or municipal governmental body having
312	jurisdiction after August 1, 1967, and prior to July 1, 1973, is
313	sufficient to vest all property rights for the purposes of this
314	subsection; and no action in reliance on, or change of position
315	concerning, such local governmental approval is required for
316	vesting to take place. Anyone claiming vested rights under this
317	paragraph must so notify the department in writing by January 1,
318	1986. Such notification shall include information adequate to
319	document the rights established by this subsection. When such
320	notification requirements are met, in order for the vested
321	rights authorized pursuant to this paragraph to remain valid
322	after June 30, 1990, development of the vested plan must be
323	commenced prior to that date upon the property that the state
324	land planning agency has determined to have acquired vested
325	rights following the notification or in a binding letter of
326	interpretation. When the notification requirements have not been
327	met, the vested rights authorized by this paragraph shall expire
328	June 30, 1986, unless development commenced prior to that date.
329	(b)  For the purpose of this act, the conveyance of, or the
330	agreement to convey, property to the county, state, or local
331	government as a prerequisite to zoning change approval shall be
332	construed as an act of reliance to vest rights as determined
333	under this subsection, provided such zoning change is actually
334	granted by such government.
335	Section 11.  Paragraph (a) of subsection (4) of section
336	380.0651, Florida Statutes, is amended to read:
337	380.0651  Statewide guidelines and standards.--
338	(4)  Two or more developments, represented by their owners
339	or developers to be separate developments, shall be aggregated
340	and treated as a single development under this chapter when they
341	are determined to be part of a unified plan of development and
342	are physically proximate to one other.
343	(a)  The criteria of two of the following subparagraphs
344	must be met in order for the state land planning agency to
345	determine that there is a unified plan of development:
346	1.a.  The same person has retained or shared control of the
347	developments;
348	b.  The same person has ownership or a significant legal or
349	equitable interest in the developments; or
350	c.  There is common management of the developments
351	controlling the form of physical development or disposition of
352	parcels of the development.
353	2.  There is a reasonable closeness in time between the
354	completion of 80 percent or less of one development and the
355	submission to a governmental agency of a master plan or series
356	of plans or drawings for the other development which is
357	indicative of a common development effort.
358	3.  A master plan or series of plans or drawings exists
359	covering the developments sought to be aggregated which have
360	been submitted to a local general-purpose government, water
361	management district, the Florida Department of Environmental
362	Protection, or the Division of Florida Land Sales, Condominiums,
363	Timeshares, and Mobile Homes for authorization to commence
364	development. The existence or implementation of a utility's
365	master utility plan required by the Public Service Commission or
366	general-purpose local government or a master drainage plan shall
367	not be the sole determinant of the existence of a master plan.
368	4.  The voluntary sharing of infrastructure that is
369	indicative of a common development effort or is designated
370	specifically to accommodate the developments sought to be
371	aggregated, except that which was implemented because it was
372	required by a local general-purpose government; water management
373	district; the Department of Environmental Protection; the
374	Division of Florida Land Sales, Condominiums, Timeshares, and
375	Mobile Homes; or the Public Service Commission.
376	5.  There is a common advertising scheme or promotional
377	plan in effect for the developments sought to be aggregated.
378	Section 12.  Paragraph (c) of subsection (4) of section
379	381.0065, Florida Statutes, is amended to read:
380	381.0065  Onsite sewage treatment and disposal systems;
381	regulation.--
382	(4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
383	not construct, repair, modify, abandon, or operate an onsite
384	sewage treatment and disposal system without first obtaining a
385	permit approved by the department. The department may issue
386	permits to carry out this section, but shall not make the
387	issuance of such permits contingent upon prior approval by the
388	Department of Environmental Protection, except that the issuance
389	of a permit for work seaward of the coastal construction control
390	line established under s. 161.053 shall be contingent upon
391	receipt of any required coastal construction control line permit
392	from the Department of Environmental Protection. A construction
393	permit is valid for 18 months from the issuance date and may be
394	extended by the department for one 90-day period under rules
395	adopted by the department. A repair permit is valid for 90 days
396	from the date of issuance. An operating permit must be obtained
397	prior to the use of any aerobic treatment unit or if the
398	establishment generates commercial waste. Buildings or
399	establishments that use an aerobic treatment unit or generate
400	commercial waste shall be inspected by the department at least
401	annually to assure compliance with the terms of the operating
402	permit. The operating permit for a commercial wastewater system
403	is valid for 1 year from the date of issuance and must be
404	renewed annually. The operating permit for an aerobic treatment
405	unit is valid for 2 years from the date of issuance and must be
406	renewed every 2 years. If all information pertaining to the
407	siting, location, and installation conditions or repair of an
408	onsite sewage treatment and disposal system remains the same, a
409	construction or repair permit for the onsite sewage treatment
410	and disposal system may be transferred to another person, if the
411	transferee files, within 60 days after the transfer of
412	ownership, an amended application providing all corrected
413	information and proof of ownership of the property. There is no
414	fee associated with the processing of this supplemental
415	information. A person may not contract to construct, modify,
416	alter, repair, service, abandon, or maintain any portion of an
417	onsite sewage treatment and disposal system without being
418	registered under part III of chapter 489. A property owner who
419	personally performs construction, maintenance, or repairs to a
420	system serving his or her own owner-occupied single-family
421	residence is exempt from registration requirements for
422	performing such construction, maintenance, or repairs on that
423	residence, but is subject to all permitting requirements. A
424	municipality or political subdivision of the state may not issue
425	a building or plumbing permit for any building that requires the
426	use of an onsite sewage treatment and disposal system unless the
427	owner or builder has received a construction permit for such
428	system from the department. A building or structure may not be
429	occupied and a municipality, political subdivision, or any state
430	or federal agency may not authorize occupancy until the
431	department approves the final installation of the onsite sewage
432	treatment and disposal system. A municipality or political
433	subdivision of the state may not approve any change in occupancy
434	or tenancy of a building that uses an onsite sewage treatment
435	and disposal system until the department has reviewed the use of
436	the system with the proposed change, approved the change, and
437	amended the operating permit.
438	(c)  Notwithstanding the provisions of paragraphs (a) and
439	(b), for subdivisions platted of record on or before October 1,
440	1991, when a developer or other appropriate entity has
441	previously made or makes provisions, including financial
442	assurances or other commitments, acceptable to the Department of
443	Health, that a central water system will be installed by a
444	regulated public utility based on a density formula, private
445	potable wells may be used with onsite sewage treatment and
446	disposal systems until the agreed-upon densities are reached.
447	The department may consider assurances filed with the Department
448	of Business and Professional Regulation under chapter 498 in
449	determining the adequacy of the financial assurance required by
450	this paragraph. In a subdivision regulated by this paragraph,
451	the average daily sewage flow may not exceed 2,500 gallons per
452	acre per day. This section does not affect the validity of
453	existing prior agreements. After October 1, 1991, the exception
454	provided under this paragraph is not available to a developer or
455	other appropriate entity.
456	Section 13.  Subsections (8) through (12) of section
457	450.33, Florida Statutes, are amended to read:
458	450.33  Duties of farm labor contractor.--Every farm labor
459	contractor must:
460	(8)  File, within such time as the department may
461	prescribe, a set of his or her fingerprints.
462	(8)(9)  Produce evidence to the department that each
463	vehicle he or she uses for the transportation of employees
464	complies with the requirements and specifications established in
465	chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
466	Pub. L. No. 97-470 meeting Department of Transportation
467	requirements or, in lieu thereof, bears a valid inspection
468	sticker showing that the vehicle has passed the inspection in
469	the state in which the vehicle is registered.
470	(9)(10)  Comply with all applicable statutes, rules, and
471	regulations of the United States and of the State of Florida for
472	the protection or benefit of labor, including, but not limited
473	to, those providing for wages, hours, fair labor standards,
474	social security, workers' compensation, unemployment
475	compensation, child labor, and transportation.
476	(10)(11)  Maintain accurate daily field records for each
477	employee actually paid by the farm labor contractor reflecting
478	the hours worked for the farm labor contractor and, if paid by
479	unit, the number of units harvested and the amount paid per
480	unit.
481	(11)(12)  Clearly display on each vehicle used to transport
482	migrant or seasonal farm workers a display sticker issued by the
483	department, which states that the vehicle is authorized by the
484	department to transport farm workers and the expiration date of
485	the authorization.
486	Section 14.  Subsection (10) is added to section 455.203,
487	Florida Statutes, to read:
488	455.203  Department; powers and duties.--The department,
489	for the boards under its jurisdiction, shall:
490	(10)(a)  Have the authority to close and terminate
491	deficient license application files 2 years after the board or
492	the department notifies the applicant of the deficiency.
493	(b)  Have the authority to approve applications for
494	professional licenses that meet all statutory and rule
495	requirements for licensure.
496	Section 15.  Subsection (5) of section 455.116, Florida
497	Statutes, is amended to read:
498	455.116  Regulation trust funds.--The following trust funds
499	shall be placed in the department:
500	(5)  Division of Florida Land Sales, Condominiums,
501	Timeshares, and Mobile Homes Trust Fund.
502	Section 16.  Subsection (9) of section 475.451, Florida
503	Statutes, is amended to read:
504	475.451  Schools teaching real estate practice.--
505	(9)(a)  Each school permitholder of a proprietary real
506	estate school, each chief administrative person of such an
507	institution, or each course sponsor shall deliver to the
508	department, in a format acceptable to the department, a copy of
509	the classroom course roster of courses that require satisfactory
510	completion of an examination no later than 30 days beyond the
511	end of the calendar month in which the course was completed.
512	(b)  The course roster shall consist of the institution or
513	school name and permit number, if applicable, the instructor's
514	name and permit number, if applicable, course title, beginning
515	and ending dates of the course, number of course hours, course
516	location, if applicable, each student's full name and license
517	number, if applicable, each student's mailing address, and the
518	numerical grade each student achieved. The course roster shall
519	also include the signature of the school permitholder, the chief
520	administrative person, or the course sponsor.
521	Section 17.  Section 475.455, Florida Statutes, is amended
522	to read:
523	475.455  Exchange of disciplinary information.--The
524	commission shall inform the Division of Florida Land Sales,
525	Condominiums, Timeshares, and Mobile Homes of the Department of
526	Business and Professional Regulation of any disciplinary action
527	the commission has taken against any of its licensees. The
528	division shall inform the commission of any disciplinary action
529	the division has taken against any broker or sales associate
530	registered with the division.
531	Section 18.  Section 489.511, Florida Statutes, is amended
532	to read:
533	489.511  Certification; application; examinations;
534	endorsement.--
535	(1)(a)  Any person who is at least 18 years of age shall be
536	entitled to take the certification examination.
537	(b)  Any person desiring to be certified as a contractor
538	shall apply to the department in writing and must meet the
539	following criteria: to take the certification examination.
540	(2)(a)  A person shall be entitled to take the
541	certification examination for the purpose of determining whether
542	he or she is qualified to engage in contracting throughout the
543	state as a contractor if the person:
544	1.  Is at least 18 years of age;
545	1.2.  Be Is of good moral character;
546	2.  Pass the certification examination, achieving a passing
547	grade as established by board rule; and
548	3.  Meet Meets eligibility requirements according to one of
549	the following criteria:
550	a.  Has, within the 6 years immediately preceding the
551	filing of the application, at least 3 years' proven management
552	experience in the trade or education equivalent thereto, or a
553	combination thereof, but not more than one-half of such
554	experience may be educational equivalent;
555	b.  Has, within the 8 years immediately preceding the
556	filing of the application, at least 4 years' experience as a
557	supervisor or contractor in the trade for which he or she is
558	making application;
559	c.  Has, within the 12 years immediately preceding the
560	filing of the application, at least 6 years of comprehensive
561	training, technical education, or supervisory experience
562	associated with an electrical or alarm system contracting
563	business, or at least 6 years of technical experience in
564	electrical or alarm system work with the Armed Forces or a
565	governmental entity;
566	d.  Has, within the 12 years immediately preceding the
567	filing of the application, been licensed for 3 years as a
568	professional engineer who is qualified by education, training,
569	or experience to practice electrical engineering; or
570	e.  Has any combination of qualifications under sub-
571	subparagraphs a.-c. totaling 6 years of experience.
572	(c)(b)  For purposes of this subsection, "supervisor" means
573	a person having the experience gained while having the general
574	duty of overseeing the technical duties of the trade, provided
575	that such experience is gained by a person who is able to
576	perform the technical duties of the trade without supervision.
577	(d)(c)  For purposes of this subsection, at least 40
578	percent of the work experience for an alarm system contractor I
579	must be in the types of fire alarm systems typically used in a
580	commercial setting.
581	(2)(3)  The board may determine by rule the number of times
582	per year the applicant may take the examination and after three
583	unsuccessful attempts may On or after October 1, 1998, every
584	applicant who is qualified shall be allowed to take the
585	examination three times, notwithstanding the number of times the
586	applicant has previously failed the examination. If an applicant
587	fails the examination three times after October 1, 1998, the
588	board shall require the applicant to complete additional
589	college-level or technical education courses in the areas of
590	deficiency, as determined by the board, as a condition of future
591	eligibility to take the examination. The applicant must also
592	submit a new application that meets all certification
593	requirements at the time of its submission and must pay all
594	appropriate fees.
595	(3)(4)(a)  "Good moral character" means a personal history
596	of honesty, fairness, and respect for the rights of others and
597	for laws of this state and nation.
598	(b)  The board may determine that an individual applying
599	for certification is ineligible to take the examination for
600	failure to satisfy the requirement of good moral character only
601	if:
602	1.  There is a substantial connection between the lack of
603	good moral character of the individual and the professional
604	responsibilities of a certified contractor; and
605	2.  The finding by the board of lack of good moral
606	character is supported by clear and convincing evidence.
607	(c)  When an individual is found to be unqualified for
608	certification examination because of a lack of good moral
609	character, the board shall furnish such individual a statement
610	containing the findings of the board, a complete record of the
611	evidence upon which the determination was based, and a notice of
612	the rights of the individual to a rehearing and appeal.
613	(4)(5)  The board shall, by rule, designate those types of
614	specialty electrical or alarm system contractors who may be
615	certified under this part. The limit of the scope of work and
616	responsibility of a certified specialty contractor shall be
617	established by board rule. A certified specialty contractor
618	category exists as an optional statewide licensing category.
619	Qualification for certification in a specialty category created
620	by rule shall be the same as set forth in paragraph (1)(b)
621	(2)(a). The existence of a specialty category created by rule
622	does not itself create any licensing requirement; however,
623	neither does its optional nature remove any licensure
624	requirement established elsewhere in this part.
625	(5)(6)  The board shall certify as qualified for
626	certification by endorsement any individual applying for
627	certification who:
628	(a)  Meets the requirements for certification as set forth
629	in this section; has passed a national, regional, state, or
630	United States territorial licensing examination that is
631	substantially equivalent to the examination required by this
632	part; and has satisfied the requirements set forth in s.
633	489.521; or
634	(b)  Holds a valid license to practice electrical or alarm
635	system contracting issued by another state or territory of the
636	United States, if the criteria for issuance of such license was
637	substantially equivalent to the certification criteria that
638	existed in this state at the time the certificate was issued.
639	(6)(7)  Upon the issuance of a certificate, any previously
640	issued registered licenses for the classification in which the
641	certification is issued are rendered void.
642	Section 19.  Paragraph (b) of subsection (1) of section
643	489.515, Florida Statutes, is amended to read:
644	489.515  Issuance of certificates; registrations.--
645	(1)
646	(b)  The board shall certify as qualified for certification
647	any person who satisfies the requirements of s. 489.511, who
648	successfully passes the certification examination administered
649	by the department, achieving a passing grade as established by
650	board rule, and who submits satisfactory evidence that he or she
651	has obtained both workers' compensation insurance or an
652	acceptable exemption certificate issued by the department and
653	public liability and property damage insurance for the health,
654	safety, and welfare of the public in amounts determined by rule
655	of the board, and furnishes evidence of financial
656	responsibility, credit, and business reputation of either
657	himself or herself or the business organization he or she
658	desires to qualify.
659	Section 20.  Section 494.008, Florida Statutes, is amended
660	to read:
661	494.008  Mortgages offered by land developers licensed
662	pursuant to the Florida Uniform Land Sales Practices Law;
663	requirements; prohibitions.--No mortgage loan which has a face
664	amount of $35,000 or less and is secured by vacant land
665	registered under the Florida Uniform Land Sales Practices Law,
666	chapter 498, shall be sold to a mortgagee, except a financial
667	institution, by any person unless all of the following
668	requirements are met:
669	(1)  Each mortgage securing a note or other obligation sold
670	or offered for sale shall be eligible for a recordation as a
671	first mortgage.
672	(2)  Each mortgage negotiated pursuant to this section must
673	include a mortgagee's title insurance policy or an opinion of
674	title, from an attorney who is licensed to practice law in this
675	state, on each parcel of land which is described in the
676	mortgage. The policy or opinion shall reflect that there are no
677	other mortgages on the property. A notice stating the priority
678	of the mortgage shall be placed on the face of each mortgage in
679	an amount over $35,000 issued pursuant to this section.
680	(3)  Contracts to purchase a mortgage loan shall contain,
681	immediately above the purchaser's signature line, the statement
682	in 10-point boldfaced type: "This mortgage is secured by vacant
683	land subject to development at a future time." This statement
684	shall also be typed or printed in 10-point type on the face of
685	the note and mortgage sold.
686	(4)  The most recent assessment for tax purposes made by
687	the county property appraiser of each parcel of land described
688	in the mortgage shall be furnished to each mortgagee.
689	(5)  The mortgage broker shall record or cause to be
690	recorded all mortgages or other similar documents prior to
691	delivery of the note and mortgage to the mortgagee.
692	(6)  All funds received by the mortgage broker pursuant to
693	this section shall promptly be deposited in the broker's trust
694	account where they shall remain until the note and mortgage are
695	fully executed and recorded.
696	(7)  Willful failure to comply with any of the above
697	provisions shall subject the person to the penalties of s.
698	494.05.
699	Section 21.  Section 498.009, Florida Statutes, is
700	renumbered as section 718.50152, Florida Statutes.
701	Section 22.  Section 498.011, Florida Statutes, is
702	renumbered as section 718.50153, Florida Statutes, and amended
703	to read:
704	718.50153 498.011  Payment of per diem, mileage, and other
705	expenses to division employees.--The amount of per diem and
706	mileage and expense money paid to employees shall be as provided
707	in s. 112.061, except that the division shall establish by rule
708	the standards for reimbursement of actual verified expenses
709	incurred in connection with an on-site review inspection or
710	investigation of subdivided lands.
711	Section 23.  Section 498.013, Florida Statutes, is
712	renumbered as section 718.50154, Florida Statutes.
713	Section 24.  Section 498.022, Florida Statutes, is
714	renumbered as section 501.2076, Florida Statutes, and amended to
715	read:
716	501.2076 498.022  Prohibitions on the sale of subdivided
717	lands Jurisdiction over fraudulent acts.--
718	(1)  It shall be unlawful and a violation of this part
719	chapter for a person to offer or dispose of 5 or more lots,
720	parcels, units, or interests in a subdivision, and to:
721	(a)  Employ any device, scheme, or artifice to defraud.
722	(b)  Obtain money or property by means of a false statement
723	of a material fact, or the failure to state a material fact
724	which makes the statement misleading in light of the
725	circumstances and the context of the overall transaction, with
726	respect to any information pertinent to the transaction.
727	(c)  Engage in any transaction, practice, or course of
728	business which operates or would operate as a fraud or deceit
729	upon a purchaser.
730	(d)  Make any false, fictitious, or fraudulent statement or
731	representation, or make or use any false writing or document
732	knowing the same to contain any false, fictitious, or fraudulent
733	statement or entry.
734	(e)  Falsify, conceal, or cover up, by any trick, scheme,
735	or device, a material fact.
736	(f)  Dispose of, conceal, or divert any funds or assets of
737	any person so as to substantially and adversely affect the
738	interest of a purchaser.
739	(2)  Those persons qualifying for exemptions pursuant to s.
740	498.025 shall not be exempt from the provisions of this section,
741	and the division shall have the authority to use any powers
742	granted to it by this chapter to prevent, investigate, or punish
743	any violation of this section.
744	(3)  Any violation of the provisions of subsection (1)
745	shall give to any purchaser of the lots, units, or interests the
746	same rights the purchasers would have under s. 498.061, as if
747	the lots, units, or interests were "subdivided lands" as defined
748	in s. 498.005(21).
749	(2)(4)  Notwithstanding any other provision of this
750	chapter, The term "subdivision" or "subdivided lands" as used in
751	this section means any contiguous land which is divided or is
752	proposed to be divided for the purpose of disposition into 25 or
753	more lots, parcels, units, or interests and also includes any
754	land, whether contiguous or not, which is divided or proposed to
755	be divided into 25 or more lots, parcels, units, or interests
756	which are offered as a part of a common promotional plan.
757	(3)  For the purposes of this section, the term "common
758	promotional plan" means an offering of subdivided lands by a
759	person in a similar plan of disposition. Elements relevant to
760	whether the subdivided lands are being offered as part of a
761	common promotional plan include, but are not limited to: the
762	physical relationship of the properties being offered; whether
763	the offered properties are known, designated, or advertised as a
764	common unit or by a common name; the utilization of a common
765	broker or sales personnel, common sales office or facilities, or
766	common promotional methods; the utilization of cross-referrals
767	of prospective purchasers between sales operations; and common
768	ownership interests.
769	(4)(5)  Any willful violation of the provisions of
770	subsection (1) shall be a felony of the third degree, punishable
771	as provided in s. 775.082, s. 775.083, or s. 775.084.
772	Section 25.  Section 498.057, Florida Statutes, is
773	renumbered as section 718.50155, Florida Statutes, and amended,
774	to read:
775	718.50155 498.057  Service of process.--
776	(1)  In addition to the methods of service provided for in
777	the Florida Rules of Civil Procedure and the Florida Statutes,
778	service may be made and by delivering a copy of the process to
779	the director of the division, which shall be binding upon the
780	defendant or respondent if:
781	(a)  The division plaintiff, which is acting as the
782	petitioner or plaintiff may be the division, immediately sends a
783	copy of the process and of the pleading by certified mail to the
784	defendant or respondent at his or her last known address;, and
785	(b)  The division plaintiff files an affidavit of
786	compliance with this section on or before the return date of the
787	process or within the time set by the court.
788	(2)  If any person, including any nonresident of this
789	state, allegedly engages in conduct prohibited by this chapter,
790	or any rule or order of the division, and has not filed a
791	consent to service of process, and personal jurisdiction over
792	him or her cannot otherwise be obtained in this state, the
793	director shall be authorized to receive service of process in
794	any noncriminal proceeding against that person or his or her
795	successor which grows out of the conduct and which is brought by
796	the division under this chapter or any rule or order of the
797	division. The process shall have the same force and validity as
798	if personally served. Notice shall be given as provided in
799	subsection (1).
800	Section 26.  Sections 498.001, 498.003, 498.005, 498.007,
801	498.017, 498.021, 498.023, 498.024, 498.025, 498.027, 498.028,
802	498.029, 498.031, 498.033, 498.035, 498.037, 498.039, 498.041,
803	498.047, 498.049, 498.051, 498.053, 498.059, 498.061, and
804	498.063, Florida Statutes, are repealed.
805	Section 27.  Section 509.512, Florida Statutes, is amended
806	to read:
807	509.512  Timeshare plan developer and exchange company
808	exemption.--Sections 509.501-509.511 do not apply to a developer
809	of a timeshare plan or an exchange company approved by the
810	Division of Florida Land Sales, Condominiums, Timeshares, and
811	Mobile Homes pursuant to chapter 721, but only to the extent
812	that the developer or exchange company engages in conduct
813	regulated under chapter 721.
814	Section 28.  Paragraph (a) of subsection (2) of section
815	517.301, Florida Statutes, is amended to read:
816	517.301  Fraudulent transactions; falsification or
817	concealment of facts.--
818	(2)  For purposes of ss. 517.311 and 517.312 and this
819	section, the term "investment" means any commitment of money or
820	property principally induced by a representation that an
821	economic benefit may be derived from such commitment, except
822	that the term "investment" does not include a commitment of
823	money or property for:
824	(a)  The purchase of a business opportunity, business
825	enterprise, or real property through a person licensed under
826	chapter 475 or registered under chapter 718 498; or
827	Section 29.  Subsection (4) of section 548.0065, Florida
828	Statutes, is amended to read:
829	548.0065  Amateur matches; sanctioning and supervision;
830	health and safety standards; compliance checks; continuation,
831	suspension, and revocation of sanctioning approval.--
832	(4)  Any member of the commission or the executive director
833	of the commission may suspend the approval of an amateur
834	sanctioning organization for failure to supervise amateur
835	matches or to enforce the approved health and safety standards
836	required under this chapter, provided that the suspension
837	complies with the procedures for summary suspensions in s.
838	120.60(6). At any amateur boxing, or kickboxing, or mixed
839	martial arts contest, any member of the commission or a
840	representative of the commission may immediately suspend one or
841	more matches in an event whenever it appears that the match or
842	matches violate the health and safety standards established by
843	rule as required by this chapter. A law enforcement officer may
844	assist any member of the commission or a representative of the
845	commission to enforce an order to stop a contest if called upon
846	to do so by a member of the commission or a representative of
847	the commission.
848	Section 30.  Subsections (2), (3), and (4) of section
849	548.008, Florida Statutes, are amended to read:
850	548.008  Prohibited competitions.--
851	(2)  No amateur mixed martial arts match may be held in
852	this state.
853	(2)(3)  No professional match may be held in this state
854	unless it meets the requirements for holding the match as
855	provided in this chapter and the rules adopted by the
856	commission.
857	(3)(4)(a)  Any person participating in a match prohibited
858	under this section, knowing the match to be prohibited, commits
859	a misdemeanor of the second degree, punishable as provided in s.
860	775.082 or s. 775.083.
861	(b)  Any person holding, promoting, or sponsoring a match
862	prohibited under this section commits a felony of the third
863	degree, punishable as provided in s. 775.082, s. 775.083, or s.
864	775.084.
865	Section 31.  Paragraph (h) of subsection (1) of section
866	559.935, Florida Statutes, is amended to read:
867	559.935  Exemptions.--
868	(1)  This part does not apply to:
869	(h)  A developer of a timeshare plan or an exchange company
870	approved by the Division of Florida Land Sales, Condominiums,
871	Timeshares, and Mobile Homes pursuant to chapter 721, but only
872	to the extent that the developer or exchange company engages in
873	conduct regulated under chapter 721; or
874	Section 32.  Subsection (17) of section 718.103, Florida
875	Statutes, is amended to read:
876	718.103  Definitions.--As used in this chapter, the term:
877	(17)  "Division" means the Division of Florida Land Sales,
878	Condominiums, Timeshares, and Mobile Homes of the Department of
879	Business and Professional Regulation.
880	Section 33.  Paragraph (c) of subsection (4) of section
881	718.105, Florida Statutes, is amended to read:
882	718.105  Recording of declaration.--
883	(4)
884	(c)  If the sum of money held by the clerk has not been
885	paid to the developer or association as provided in paragraph
886	(b) by 3 years after the date the declaration was originally
887	recorded, the clerk in his or her discretion may notify, in
888	writing, the registered agent of the association that the sum is
889	still available and the purpose for which it was deposited. If
890	the association does not record the certificate within 90 days
891	after the clerk has given the notice, the clerk may disburse the
892	money to the developer. If the developer cannot be located, the
893	clerk shall disburse the money to the Division of Florida Land
894	Sales, Condominiums, Timeshares, and Mobile Homes for deposit in
895	the Division of Florida Land Sales, Condominiums, Timeshares,
896	and Mobile Homes Trust Fund.
897	Section 34.  Paragraph (f) of subsection (2) of section
898	718.112, Florida Statutes, is amended to read:
899	718.112  Bylaws.--
900	(2)  REQUIRED PROVISIONS.--The bylaws shall provide for the
901	following and, if they do not do so, shall be deemed to include
902	the following:
903	(f)  Annual budget.--
904	1.  The proposed annual budget of common expenses shall be
905	detailed and shall show the amounts budgeted by accounts and
906	expense classifications, including, if applicable, but not
907	limited to, those expenses listed in s. 718.504(21). The annual
908	budget shall be adopted prior to the beginning of the fiscal
909	year. A multicondominium association shall adopt a separate
910	budget of common expenses for each condominium the association
911	operates and shall adopt a separate budget of common expenses
912	for the association. In addition, if the association maintains
913	limited common elements with the cost to be shared only by those
914	entitled to use the limited common elements as provided for in
915	s. 718.113(1), the budget or a schedule attached thereto shall
916	show amounts budgeted therefor. If, after turnover of control of
917	the association to the unit owners, any of the expenses listed
918	in s. 718.504(21) are not applicable, they need not be listed.
919	2.  In addition to annual operating expenses, the budget
920	shall include reserve accounts for capital expenditures and
921	deferred maintenance. These accounts shall include, but are not
922	limited to, roof replacement, building painting, and pavement
923	resurfacing, regardless of the amount of deferred maintenance
924	expense or replacement cost, and for any other item for which
925	the deferred maintenance expense or replacement cost exceeds
926	$10,000. The amount to be reserved shall be computed by means of
927	a formula which is based upon estimated remaining useful life
928	and estimated replacement cost or deferred maintenance expense
929	of each reserve item. The association may adjust replacement
930	reserve assessments annually to take into account any changes in
931	estimates or extension of the useful life of a reserve item
932	caused by deferred maintenance. This subsection does not apply
933	to an adopted budget in which the members of an association have
934	determined, by a majority vote at a duly called meeting of the
935	association, to provide no reserves or less reserves than
936	required by this subsection. However, prior to turnover of
937	control of an association by a developer to unit owners other
938	than a developer pursuant to s. 718.301, the developer may vote
939	to waive the reserves or reduce the funding of reserves for the
940	first 2 fiscal years of the association's operation, beginning
941	with the fiscal year in which the initial declaration is
942	recorded, after which time reserves may be waived or reduced
943	only upon the vote of a majority of all nondeveloper voting
944	interests voting in person or by limited proxy at a duly called
945	meeting of the association. If a meeting of the unit owners has
946	been called to determine whether to waive or reduce the funding
947	of reserves, and no such result is achieved or a quorum is not
948	attained, the reserves as included in the budget shall go into
949	effect. After the turnover, the developer may vote its voting
950	interest to waive or reduce the funding of reserves.
951	3.  Reserve funds and any interest accruing thereon shall
952	remain in the reserve account or accounts, and shall be used
953	only for authorized reserve expenditures unless their use for
954	other purposes is approved in advance by a majority vote at a
955	duly called meeting of the association. Prior to turnover of
956	control of an association by a developer to unit owners other
957	than the developer pursuant to s. 718.301, the developer-
958	controlled association shall not vote to use reserves for
959	purposes other than that for which they were intended without
960	the approval of a majority of all nondeveloper voting interests,
961	voting in person or by limited proxy at a duly called meeting of
962	the association.
963	4.  The only voting interests which are eligible to vote on
964	questions that involve waiving or reducing the funding of
965	reserves, or using existing reserve funds for purposes other
966	than purposes for which the reserves were intended, are the
967	voting interests of the units subject to assessment to fund the
968	reserves in question.
969	Section 35.  Subsection (4) of section 718.1255, Florida
970	Statutes, is amended to read:
971	718.1255  Alternative dispute resolution; voluntary
972	mediation; mandatory nonbinding arbitration; legislative
973	findings.--
974	(4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
975	DISPUTES.--The Division of Florida Land Sales, Condominiums,
976	Timeshares, and Mobile Homes of the Department of Business and
977	Professional Regulation shall employ full-time attorneys to act
978	as arbitrators to conduct the arbitration hearings provided by
979	this chapter. The division may also certify attorneys who are
980	not employed by the division to act as arbitrators to conduct
981	the arbitration hearings provided by this section. No person may
982	be employed by the department as a full-time arbitrator unless
983	he or she is a member in good standing of The Florida Bar. The
984	department shall promulgate rules of procedure to govern such
985	arbitration hearings including mediation incident thereto. The
986	decision of an arbitrator shall be final; however, such a
987	decision shall not be deemed final agency action. Nothing in
988	this provision shall be construed to foreclose parties from
989	proceeding in a trial de novo unless the parties have agreed
990	that the arbitration is binding. If such judicial proceedings
991	are initiated, the final decision of the arbitrator shall be
992	admissible in evidence in the trial de novo.
993	(a)  Prior to the institution of court litigation, a party
994	to a dispute shall petition the division for nonbinding
995	arbitration. The petition must be accompanied by a filing fee in
996	the amount of $50. Filing fees collected under this section must
997	be used to defray the expenses of the alternative dispute
998	resolution program.
999	(b)  The petition must recite, and have attached thereto,
1000	supporting proof that the petitioner gave the respondents:
1001	1.  Advance written notice of the specific nature of the
1002	dispute;
1003	2.  A demand for relief, and a reasonable opportunity to
1004	comply or to provide the relief; and
1005	3.  Notice of the intention to file an arbitration petition
1006	or other legal action in the absence of a resolution of the
1007	dispute.
1008
1009	Failure to include the allegations or proof of compliance with
1010	these prerequisites requires dismissal of the petition without
1011	prejudice.
1012	(c)  Upon receipt, the petition shall be promptly reviewed
1013	by the division to determine the existence of a dispute and
1014	compliance with the requirements of paragraphs (a) and (b). If
1015	emergency relief is required and is not available through
1016	arbitration, a motion to stay the arbitration may be filed. The
1017	motion must be accompanied by a verified petition alleging facts
1018	that, if proven, would support entry of a temporary injunction,
1019	and if an appropriate motion and supporting papers are filed,
1020	the division may abate the arbitration pending a court hearing
1021	and disposition of a motion for temporary injunction.
1022	(d)  Upon determination by the division that a dispute
1023	exists and that the petition substantially meets the
1024	requirements of paragraphs (a) and (b) and any other applicable
1025	rules, a copy of the petition shall forthwith be served by the
1026	division upon all respondents.
1027	(e)  Either before or after the filing of the respondents'
1028	answer to the petition, any party may request that the
1029	arbitrator refer the case to mediation under this section and
1030	any rules adopted by the division. Upon receipt of a request for
1031	mediation, the division shall promptly contact the parties to
1032	determine if there is agreement that mediation would be
1033	appropriate. If all parties agree, the dispute must be referred
1034	to mediation. Notwithstanding a lack of an agreement by all
1035	parties, the arbitrator may refer a dispute to mediation at any
1036	time.
1037	(f)  Upon referral of a case to mediation, the parties must
1038	select a mutually acceptable mediator. To assist in the
1039	selection, the arbitrator shall provide the parties with a list
1040	of both volunteer and paid mediators that have been certified by
1041	the division under s. 718.501. If the parties are unable to
1042	agree on a mediator within the time allowed by the arbitrator,
1043	the arbitrator shall appoint a mediator from the list of
1044	certified mediators. If a case is referred to mediation, the
1045	parties shall attend a mediation conference, as scheduled by the
1046	parties and the mediator. If any party fails to attend a duly
1047	noticed mediation conference, without the permission or approval
1048	of the arbitrator or mediator, the arbitrator must impose
1049	sanctions against the party, including the striking of any
1050	pleadings filed, the entry of an order of dismissal or default
1051	if appropriate, and the award of costs and attorneys' fees
1052	incurred by the other parties. Unless otherwise agreed to by the
1053	parties or as provided by order of the arbitrator, a party is
1054	deemed to have appeared at a mediation conference by the
1055	physical presence of the party or its representative having full
1056	authority to settle without further consultation, provided that
1057	an association may comply by having one or more representatives
1058	present with full authority to negotiate a settlement and
1059	recommend that the board of administration ratify and approve
1060	such a settlement within 5 days from the date of the mediation
1061	conference. The parties shall share equally the expense of
1062	mediation, unless they agree otherwise.
1063	(g)  The purpose of mediation as provided for by this
1064	section is to present the parties with an opportunity to resolve
1065	the underlying dispute in good faith, and with a minimum
1066	expenditure of time and resources.
1067	(h)  Mediation proceedings must generally be conducted in
1068	accordance with the Florida Rules of Civil Procedure, and these
1069	proceedings are privileged and confidential to the same extent
1070	as court-ordered mediation. Persons who are not parties to the
1071	dispute are not allowed to attend the mediation conference
1072	without the consent of all parties, with the exception of
1073	counsel for the parties and corporate representatives designated
1074	to appear for a party. If the mediator declares an impasse after
1075	a mediation conference has been held, the arbitration proceeding
1076	terminates, unless all parties agree in writing to continue the
1077	arbitration proceeding, in which case the arbitrator's decision
1078	shall be either binding or nonbinding, as agreed upon by the
1079	parties; in the arbitration proceeding, the arbitrator shall not
1080	consider any evidence relating to the unsuccessful mediation
1081	except in a proceeding to impose sanctions for failure to appear
1082	at the mediation conference. If the parties do not agree to
1083	continue arbitration, the arbitrator shall enter an order of
1084	dismissal, and either party may institute a suit in a court of
1085	competent jurisdiction. The parties may seek to recover any
1086	costs and attorneys' fees incurred in connection with
1087	arbitration and mediation proceedings under this section as part
1088	of the costs and fees that may be recovered by the prevailing
1089	party in any subsequent litigation.
1090	(i)  Arbitration shall be conducted according to rules
1091	promulgated by the division. The filing of a petition for
1092	arbitration shall toll the applicable statute of limitations.
1093	(j)  At the request of any party to the arbitration, such
1094	arbitrator shall issue subpoenas for the attendance of witnesses
1095	and the production of books, records, documents, and other
1096	evidence and any party on whose behalf a subpoena is issued may
1097	apply to the court for orders compelling such attendance and
1098	production. Subpoenas shall be served and shall be enforceable
1099	in the manner provided by the Florida Rules of Civil Procedure.
1100	Discovery may, in the discretion of the arbitrator, be permitted
1101	in the manner provided by the Florida Rules of Civil Procedure.
1102	Rules adopted by the division may authorize any reasonable
1103	sanctions except contempt for a violation of the arbitration
1104	procedural rules of the division or for the failure of a party
1105	to comply with a reasonable nonfinal order issued by an
1106	arbitrator which is not under judicial review.
1107	(k)  The arbitration decision shall be presented to the
1108	parties in writing. An arbitration decision is final in those
1109	disputes in which the parties have agreed to be bound. An
1110	arbitration decision is also final if a complaint for a trial de
1111	novo is not filed in a court of competent jurisdiction in which
1112	the condominium is located within 30 days. The right to file for
1113	a trial de novo entitles the parties to file a complaint in the
1114	appropriate trial court for a judicial resolution of the
1115	dispute. The prevailing party in an arbitration proceeding shall
1116	be awarded the costs of the arbitration and reasonable
1117	attorney's fees in an amount determined by the arbitrator. Such
1118	an award shall include the costs and reasonable attorney's fees
1119	incurred in the arbitration proceeding as well as the costs and
1120	reasonable attorney's fees incurred in preparing for and
1121	attending any scheduled mediation.
1122	(l)  The party who files a complaint for a trial de novo
1123	shall be assessed the other party's arbitration costs, court
1124	costs, and other reasonable costs, including attorney's fees,
1125	investigation expenses, and expenses for expert or other
1126	testimony or evidence incurred after the arbitration hearing if
1127	the judgment upon the trial de novo is not more favorable than
1128	the arbitration decision. If the judgment is more favorable, the
1129	party who filed a complaint for trial de novo shall be awarded
1130	reasonable court costs and attorney's fees.
1131	(m)  Any party to an arbitration proceeding may enforce an
1132	arbitration award by filing a petition in a court of competent
1133	jurisdiction in which the condominium is located. A petition may
1134	not be granted unless the time for appeal by the filing of a
1135	complaint for trial de novo has expired. If a complaint for a
1136	trial de novo has been filed, a petition may not be granted with
1137	respect to an arbitration award that has been stayed. If the
1138	petition for enforcement is granted, the petitioner shall
1139	recover reasonable attorney's fees and costs incurred in
1140	enforcing the arbitration award. A mediation settlement may also
1141	be enforced through the county or circuit court, as applicable,
1142	and any costs and fees incurred in the enforcement of a
1143	settlement agreement reached at mediation must be awarded to the
1144	prevailing party in any enforcement action.
1145	Section 36.  Section 718.501, Florida Statutes, is amended
1146	to read:
1147	718.501  Powers and duties of Division of Florida Land
1148	Sales, Condominiums, Timeshares, and Mobile Homes.--
1149	(1)  The Division of Florida Land Sales, Condominiums,
1150	Timeshares, and Mobile Homes of the Department of Business and
1151	Professional Regulation, referred to as the "division" in this
1152	part, in addition to other powers and duties prescribed by
1153	chapter 498, has the power to enforce and ensure compliance with
1154	the provisions of this chapter and rules promulgated pursuant
1155	hereto relating to the development, construction, sale, lease,
1156	ownership, operation, and management of residential condominium
1157	units. In performing its duties, the division has the following
1158	powers and duties:
1159	(a)1.  The division may make necessary public or private
1160	investigations within or outside this state to determine whether
1161	any person has violated this chapter or any rule or order
1162	hereunder, to aid in the enforcement of this chapter, or to aid
1163	in the adoption of rules or forms hereunder.
1164	2.  The division may submit any official written report,
1165	worksheet, or other related paper, or a duly certified copy
1166	thereof, compiled, prepared, drafted, or otherwise made by and
1167	duly authenticated by a financial examiner or analyst to be
1168	admitted as competent evidence in any hearing in which the
1169	financial examiner or analyst is available for cross-examination
1170	and attests to under oath that such documents were prepared as a
1171	result of an examination or inspection conducted pursuant to the
1172	authority of this chapter.
1173	(b)  The division may require or permit any person to file
1174	a statement in writing, under oath or otherwise, as the division
1175	determines, as to the facts and circumstances concerning a
1176	matter to be investigated.
1177	(c)  For the purpose of any investigation under this
1178	chapter, the division director or any officer or employee
1179	designated by the division director may administer oaths or
1180	affirmations, subpoena witnesses and compel their attendance,
1181	take evidence, and require the production of any matter which is
1182	relevant to the investigation, including the existence,
1183	description, nature, custody, condition, and location of any
1184	books, documents, or other tangible things and the identity and
1185	location of persons having knowledge of relevant facts or any
1186	other matter reasonably calculated to lead to the discovery of
1187	material evidence. Upon the failure by a person to obey a
1188	subpoena or to answer questions propounded by the investigating
1189	officer and upon reasonable notice to all persons affected
1190	thereby, the division may apply to the circuit court for an
1191	order compelling compliance.
1192	(d)  Notwithstanding any remedies available to unit owners
1193	and associations, if the division has reasonable cause to
1194	believe that a violation of any provision of this chapter or
1195	rule promulgated pursuant hereto has occurred, the division may
1196	institute enforcement proceedings in its own name against any
1197	developer, association, officer, or member of the board of
1198	administration, or its assignees or agents, as follows:
1199	1.  The division may permit a person whose conduct or
1200	actions may be under investigation to waive formal proceedings
1201	and enter into a consent proceeding whereby orders, rules, or
1202	letters of censure or warning, whether formal or informal, may
1203	be entered against the person.
1204	2.a.  The division may issue an order requiring the
1205	developer, association, officer, or member of the board of
1206	administration, or its assignees or agents, to cease and desist
1207	from the unlawful practice and take such affirmative action as
1208	in the judgment of the division will carry out the purposes of
1209	this chapter. Such affirmative action may include, but is not
1210	limited to:,
1211	(I)  Requiring developers an order requiring a developer to
1212	pay moneys determined to be owed to a condominium association;
1213	(II)  Notifying purchasers of condominium units who have a
1214	rescission right that they may elect to rescind the purchase
1215	transaction as provided by contract or by other provisions of
1216	this chapter; and
1217	(III)  Establishing a trust or escrow account in a
1218	financial institution located within this state to ensure the
1219	payment of refunds to those purchasers who elect to rescind or
1220	to ensure the conveyance of clear and marketable title to those
1221	purchasers who do not elect to rescind.
1222	b.  Whenever the division finds that a developer,
1223	association, officer, or member of the board of administration,
1224	or its assignees or agents, is violating or is about to violate
1225	any provision of this chapter, any rule adopted or order
1226	promulgated by the division, or any written agreement entered
1227	into with the division, and presents an immediate danger to the
1228	public requiring an immediate final order, it may issue an
1229	emergency cease and desist order reciting with particularity the
1230	facts underlying such findings. The emergency cease and desist
1231	order is effective for 90 days. If the division begins
1232	nonemergency cease and desist proceedings under sub-subparagraph
1233	a., the emergency cease and desist order remains effective until
1234	conclusion of the proceedings under ss. 120.569 and 120.57.
1235	3.  The division may bring an action in circuit court on
1236	behalf of a class of unit owners, lessees, or purchasers for
1237	declaratory relief, injunctive relief, or restitution.
1238	4.  The division may petition the court for the appointment
1239	of a receiver or conservator. If appointed, the receiver or
1240	conservator may take action to implement the provisions of the
1241	court order, to ensure the performance of the order, and to
1242	remedy any breach thereof. In addition to all other means
1243	provided by law for the enforcement of an injunction or
1244	temporary restraining order, the circuit court may impound or
1245	sequester the property of a party defendant, including books,
1246	papers, documents, and records pertaining thereto, and allow the
1247	examination and use of said property by the division and a
1248	court-appointed receiver or conservator.
1249	5.  The division may apply to the circuit court for an
1250	order of restitution whereby the defendant in an action brought
1251	pursuant to subparagraph 4. shall be ordered to make restitution
1252	of those sums shown by the division to have been obtained by the
1253	defendant in violation of any of the provisions of this chapter.
1254	Such restitution shall, at the option of the court, be payable
1255	to the conservator or receiver appointed pursuant to
1256	subparagraph 4. or directly to the persons whose funds or assets
1257	were obtained in violation of this chapter.
1258	6.4.  The division may impose a civil penalty against a
1259	developer or association, or its assignee or agent, for any
1260	violation of this chapter or a rule promulgated pursuant hereto.
1261	The division may impose a civil penalty individually against any
1262	officer or board member who willfully and knowingly violates a
1263	provision of this chapter, a rule adopted pursuant hereto, or a
1264	final order of the division. The term "willfully and knowingly"
1265	means that the division informed the officer or board member
1266	that his or her action or intended action violates this chapter,
1267	a rule adopted under this chapter, or a final order of the
1268	division and that the officer or board member refused to comply
1269	with the requirements of this chapter, a rule adopted under this
1270	chapter, or a final order of the division. The division, prior
1271	to initiating formal agency action under chapter 120, shall
1272	afford the officer or board member an opportunity to voluntarily
1273	comply with this chapter, a rule adopted under this chapter, or
1274	a final order of the division. An officer or board member who
1275	complies within 10 days is not subject to a civil penalty. A
1276	penalty may be imposed on the basis of each day of continuing
1277	violation, but in no event shall the penalty for any offense
1278	exceed $5,000. By January 1, 1998, the division shall adopt, by
1279	rule, penalty guidelines applicable to possible violations or to
1280	categories of violations of this chapter or rules adopted by the
1281	division. The guidelines must specify a meaningful range of
1282	civil penalties for each such violation of the statute and rules
1283	and must be based upon the harm caused by the violation, the
1284	repetition of the violation, and upon such other factors deemed
1285	relevant by the division. For example, the division may consider
1286	whether the violations were committed by a developer or owner-
1287	controlled association, the size of the association, and other
1288	factors. The guidelines must designate the possible mitigating
1289	or aggravating circumstances that justify a departure from the
1290	range of penalties provided by the rules. It is the legislative
1291	intent that minor violations be distinguished from those which
1292	endanger the health, safety, or welfare of the condominium
1293	residents or other persons and that such guidelines provide
1294	reasonable and meaningful notice to the public of likely
1295	penalties that may be imposed for proscribed conduct. This
1296	subsection does not limit the ability of the division to
1297	informally dispose of administrative actions or complaints by
1298	stipulation, agreed settlement, or consent order. All amounts
1299	collected shall be deposited with the Chief Financial Officer to
1300	the credit of the Division of Florida Land Sales, Condominiums,
1301	Timeshares, and Mobile Homes Trust Fund. If a developer fails to
1302	pay the civil penalty, the division shall thereupon issue an
1303	order directing that such developer cease and desist from
1304	further operation until such time as the civil penalty is paid
1305	or may pursue enforcement of the penalty in a court of competent
1306	jurisdiction. If an association fails to pay the civil penalty,
1307	the division shall thereupon pursue enforcement in a court of
1308	competent jurisdiction, and the order imposing the civil penalty
1309	or the cease and desist order will not become effective until 20
1310	days after the date of such order. Any action commenced by the
1311	division shall be brought in the county in which the division
1312	has its executive offices or in the county where the violation
1313	occurred.
1314	7.  In addition to the provisions of subparagraph 6., the
1315	division may seek the imposition of a civil penalty through the
1316	circuit court for any violation for which the division may issue
1317	a notice to show cause under paragraph (q). The civil penalty
1318	shall be no less than $500 and no more than $5,000 for each
1319	violation. The court may also award to the prevailing party
1320	court costs and reasonable attorney's fees and, in the event the
1321	division prevails, may also award reasonable costs of
1322	investigation.
1323	(e)  The division is authorized to prepare and disseminate
1324	a prospectus and other information to assist prospective owners,
1325	purchasers, lessees, and developers of residential condominiums
1326	in assessing the rights, privileges, and duties pertaining
1327	thereto.
1328	(f)  The division has authority to adopt rules pursuant to
1329	ss. 120.536(1) and 120.54 to implement and enforce the
1330	provisions of this chapter.
1331	(g)  The division shall establish procedures for providing
1332	notice to an association when the division is considering the
1333	issuance of a declaratory statement with respect to the
1334	declaration of condominium or any related document governing in
1335	such condominium community.
1336	(h)  The division shall furnish each association which pays
1337	the fees required by paragraph (2)(a) a copy of this act,
1338	subsequent changes to this act on an annual basis, an amended
1339	version of this act as it becomes available from the Secretary
1340	of State's office on a biennial basis, and the rules promulgated
1341	pursuant thereto on an annual basis.
1342	(i)  The division shall annually provide each association
1343	with a summary of declaratory statements and formal legal
1344	opinions relating to the operations of condominiums which were
1345	rendered by the division during the previous year.
1346	(j)  The division shall provide training programs for
1347	condominium association board members and unit owners.
1348	(k)  The division shall maintain a toll-free telephone
1349	number accessible to condominium unit owners.
1350	(l)  The division shall develop a program to certify both
1351	volunteer and paid mediators to provide mediation of condominium
1352	disputes. The division shall provide, upon request, a list of
1353	such mediators to any association, unit owner, or other
1354	participant in arbitration proceedings under s. 718.1255
1355	requesting a copy of the list. The division shall include on the
1356	list of volunteer mediators only the names of persons who have
1357	received at least 20 hours of training in mediation techniques
1358	or who have mediated at least 20 disputes. In order to become
1359	initially certified by the division, paid mediators must be
1360	certified by the Supreme Court to mediate court cases in either
1361	county or circuit courts. However, the division may adopt, by
1362	rule, additional factors for the certification of paid
1363	mediators, which factors must be related to experience,
1364	education, or background. Any person initially certified as a
1365	paid mediator by the division must, in order to continue to be
1366	certified, comply with the factors or requirements imposed by
1367	rules adopted by the division.
1368	(m)  When a complaint is made, the division shall conduct
1369	its inquiry with due regard to the interests of the affected
1370	parties. Within 30 days after receipt of a complaint, the
1371	division shall acknowledge the complaint in writing and notify
1372	the complainant whether the complaint is within the jurisdiction
1373	of the division and whether additional information is needed by
1374	the division from the complainant. The division shall conduct
1375	its investigation and shall, within 90 days after receipt of the
1376	original complaint or of timely requested additional
1377	information, take action upon the complaint. However, the
1378	failure to complete the investigation within 90 days does not
1379	prevent the division from continuing the investigation,
1380	accepting or considering evidence obtained or received after 90
1381	days, or taking administrative action if reasonable cause exists
1382	to believe that a violation of this chapter or a rule of the
1383	division has occurred. If an investigation is not completed
1384	within the time limits established in this paragraph, the
1385	division shall, on a monthly basis, notify the complainant in
1386	writing of the status of the investigation. When reporting its
1387	action to the complainant, the division shall inform the
1388	complainant of any right to a hearing pursuant to ss. 120.569
1389	and 120.57.
1390	(n)  The division may:
1391	1.  Contract with agencies in this state or other
1392	jurisdictions to perform investigative functions; or
1393	2.  Accept grants-in-aid from any source.
1394	(o)  The division shall cooperate with similar agencies in
1395	other jurisdictions to establish uniform filing procedures and
1396	forms, public offering statements, advertising standards, and
1397	rules and common administrative practices.
1398	(p)  The division shall consider notice to a developer to
1399	be complete when it is delivered to the developer's address
1400	currently on file with the division.
1401	(q)  In addition to its enforcement authority, the division
1402	may issue a notice to show cause, which shall provide for a
1403	hearing, upon written request, in accordance with chapter 120.
1404	(2)(a)  Effective January 1, 1992, each condominium
1405	association which operates more than two units shall pay to the
1406	division an annual fee in the amount of $4 for each residential
1407	unit in condominiums operated by the association. If the fee is
1408	not paid by March 1, then the association shall be assessed a
1409	penalty of 10 percent of the amount due, and the association
1410	will not have standing to maintain or defend any action in the
1411	courts of this state until the amount due, plus any penalty, is
1412	paid.
1413	(b)  All fees shall be deposited in the Division of Florida
1414	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
1415	Fund as provided by law.
1416	Section 37.  Subsection (1) of section 718.5011, Florida
1417	Statutes, is amended to read:
1418	718.5011  Ombudsman; appointment; administration.--
1419	(1)  There is created an Office of the Condominium
1420	Ombudsman, to be located for administrative purposes within the
1421	Division of Florida Land Sales, Condominiums, Timeshares, and
1422	Mobile Homes. The functions of the office shall be funded by the
1423	Division of Florida Land Sales, Condominiums, Timeshares, and
1424	Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
1425	of the division, and the office shall be set within the division
1426	in the same manner as any other bureau is staffed and funded.
1427	Section 38.  Paragraph (a) of subsection (2) of section
1428	718.502, Florida Statutes, is amended to read:
1429	718.502  Filing prior to sale or lease.--
1430	(2)(a)  Prior to filing as required by subsection (1), and
1431	prior to acquiring an ownership, leasehold, or contractual
1432	interest in the land upon which the condominium is to be
1433	developed, a developer shall not offer a contract for purchase
1434	of a unit or lease of a unit for more than 5 years. However, the
1435	developer may accept deposits for reservations upon the approval
1436	of a fully executed escrow agreement and reservation agreement
1437	form properly filed with the Division of Florida Land Sales,
1438	Condominiums, Timeshares, and Mobile Homes. Each filing of a
1439	proposed reservation program shall be accompanied by a filing
1440	fee of $250. Reservations shall not be taken on a proposed
1441	condominium unless the developer has an ownership, leasehold, or
1442	contractual interest in the land upon which the condominium is
1443	to be developed. The division shall notify the developer within
1444	20 days of receipt of the reservation filing of any deficiencies
1445	contained therein. Such notification shall not preclude the
1446	determination of reservation filing deficiencies at a later
1447	date, nor shall it relieve the developer of any responsibility
1448	under the law. The escrow agreement and the reservation
1449	agreement form shall include a statement of the right of the
1450	prospective purchaser to an immediate unqualified refund of the
1451	reservation deposit moneys upon written request to the escrow
1452	agent by the prospective purchaser or the developer.
1453	Section 39.  Section 718.504, Florida Statutes, is amended
1454	to read:
1455	718.504  Prospectus or offering circular.--Every developer
1456	of a residential condominium which contains more than 20
1457	residential units, or which is part of a group of residential
1458	condominiums which will be served by property to be used in
1459	common by unit owners of more than 20 residential units, shall
1460	prepare a prospectus or offering circular and file it with the
1461	Division of Florida Land Sales, Condominiums, Timeshares, and
1462	Mobile Homes prior to entering into an enforceable contract of
1463	purchase and sale of any unit or lease of a unit for more than 5
1464	years and shall furnish a copy of the prospectus or offering
1465	circular to each buyer. In addition to the prospectus or
1466	offering circular, each buyer shall be furnished a separate page
1467	entitled "Frequently Asked Questions and Answers," which shall
1468	be in accordance with a format approved by the division and a
1469	copy of the financial information required by s. 718.111. This
1470	page shall, in readable language, inform prospective purchasers
1471	regarding their voting rights and unit use restrictions,
1472	including restrictions on the leasing of a unit; shall indicate
1473	whether and in what amount the unit owners or the association is
1474	obligated to pay rent or land use fees for recreational or other
1475	commonly used facilities; shall contain a statement identifying
1476	that amount of assessment which, pursuant to the budget, would
1477	be levied upon each unit type, exclusive of any special
1478	assessments, and which shall further identify the basis upon
1479	which assessments are levied, whether monthly, quarterly, or
1480	otherwise; shall state and identify any court cases in which the
1481	association is currently a party of record in which the
1482	association may face liability in excess of $100,000; and which
1483	shall further state whether membership in a recreational
1484	facilities association is mandatory, and if so, shall identify
1485	the fees currently charged per unit type. The division shall by
1486	rule require such other disclosure as in its judgment will
1487	assist prospective purchasers. The prospectus or offering
1488	circular may include more than one condominium, although not all
1489	such units are being offered for sale as of the date of the
1490	prospectus or offering circular. The prospectus or offering
1491	circular must contain the following information:
1492	(1)  The front cover or the first page must contain only:
1493	(a)  The name of the condominium.
1494	(b)  The following statements in conspicuous type:
1495	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
1496	MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
1497	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
1498	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
1499	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
1500	MATERIALS.
1501	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
1502	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
1503	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
1504	REPRESENTATIONS.
1505	(2)  Summary: The next page must contain all statements
1506	required to be in conspicuous type in the prospectus or offering
1507	circular.
1508	(3)  A separate index of the contents and exhibits of the
1509	prospectus.
1510	(4)  Beginning on the first page of the text (not including
1511	the summary and index), a description of the condominium,
1512	including, but not limited to, the following information:
1513	(a)  Its name and location.
1514	(b)  A description of the condominium property, including,
1515	without limitation:
1516	1.  The number of buildings, the number of units in each
1517	building, the number of bathrooms and bedrooms in each unit, and
1518	the total number of units, if the condominium is not a phase
1519	condominium, or the maximum number of buildings that may be
1520	contained within the condominium, the minimum and maximum
1521	numbers of units in each building, the minimum and maximum
1522	numbers of bathrooms and bedrooms that may be contained in each
1523	unit, and the maximum number of units that may be contained
1524	within the condominium, if the condominium is a phase
1525	condominium.
1526	2.  The page in the condominium documents where a copy of
1527	the plot plan and survey of the condominium is located.
1528	3.  The estimated latest date of completion of
1529	constructing, finishing, and equipping. In lieu of a date, the
1530	description shall include a statement that the estimated date of
1531	completion of the condominium is in the purchase agreement and a
1532	reference to the article or paragraph containing that
1533	information.
1534	(c)  The maximum number of units that will use facilities
1535	in common with the condominium. If the maximum number of units
1536	will vary, a description of the basis for variation and the
1537	minimum amount of dollars per unit to be spent for additional
1538	recreational facilities or enlargement of such facilities. If
1539	the addition or enlargement of facilities will result in a
1540	material increase of a unit owner's maintenance expense or
1541	rental expense, if any, the maximum increase and limitations
1542	thereon shall be stated.
1543	(5)(a)  A statement in conspicuous type describing whether
1544	the condominium is created and being sold as fee simple
1545	interests or as leasehold interests. If the condominium is
1546	created or being sold on a leasehold, the location of the lease
1547	in the disclosure materials shall be stated.
1548	(b)  If timeshare estates are or may be created with
1549	respect to any unit in the condominium, a statement in
1550	conspicuous type stating that timeshare estates are created and
1551	being sold in units in the condominium.
1552	(6)  A description of the recreational and other commonly
1553	used facilities that will be used only by unit owners of the
1554	condominium, including, but not limited to, the following:
1555	(a)  Each room and its intended purposes, location,
1556	approximate floor area, and capacity in numbers of people.
1557	(b)  Each swimming pool, as to its general location,
1558	approximate size and depths, approximate deck size and capacity,
1559	and whether heated.
1560	(c)  Additional facilities, as to the number of each
1561	facility, its approximate location, approximate size, and
1562	approximate capacity.
1563	(d)  A general description of the items of personal
1564	property and the approximate number of each item of personal
1565	property that the developer is committing to furnish for each
1566	room or other facility or, in the alternative, a representation
1567	as to the minimum amount of expenditure that will be made to
1568	purchase the personal property for the facility.
1569	(e)  The estimated date when each room or other facility
1570	will be available for use by the unit owners.
1571	(f)1.  An identification of each room or other facility to
1572	be used by unit owners that will not be owned by the unit owners
1573	or the association;
1574	2.  A reference to the location in the disclosure materials
1575	of the lease or other agreements providing for the use of those
1576	facilities; and
1577	3.  A description of the terms of the lease or other
1578	agreements, including the length of the term; the rent payable,
1579	directly or indirectly, by each unit owner, and the total rent
1580	payable to the lessor, stated in monthly and annual amounts for
1581	the entire term of the lease; and a description of any option to
1582	purchase the property leased under any such lease, including the
1583	time the option may be exercised, the purchase price or how it
1584	is to be determined, the manner of payment, and whether the
1585	option may be exercised for a unit owner's share or only as to
1586	the entire leased property.
1587	(g)  A statement as to whether the developer may provide
1588	additional facilities not described above; their general
1589	locations and types; improvements or changes that may be made;
1590	the approximate dollar amount to be expended; and the maximum
1591	additional common expense or cost to the individual unit owners
1592	that may be charged during the first annual period of operation
1593	of the modified or added facilities.
1594
1595	Descriptions as to locations, areas, capacities, numbers,
1596	volumes, or sizes may be stated as approximations or minimums.
1597	(7)  A description of the recreational and other facilities
1598	that will be used in common with other condominiums, community
1599	associations, or planned developments which require the payment
1600	of the maintenance and expenses of such facilities, either
1601	directly or indirectly, by the unit owners. The description
1602	shall include, but not be limited to, the following:
1603	(a)  Each building and facility committed to be built.
1604	(b)  Facilities not committed to be built except under
1605	certain conditions, and a statement of those conditions or
1606	contingencies.
1607	(c)  As to each facility committed to be built, or which
1608	will be committed to be built upon the happening of one of the
1609	conditions in paragraph (b), a statement of whether it will be
1610	owned by the unit owners having the use thereof or by an
1611	association or other entity which will be controlled by them, or
1612	others, and the location in the exhibits of the lease or other
1613	document providing for use of those facilities.
1614	(d)  The year in which each facility will be available for
1615	use by the unit owners or, in the alternative, the maximum
1616	number of unit owners in the project at the time each of all of
1617	the facilities is committed to be completed.
1618	(e)  A general description of the items of personal
1619	property, and the approximate number of each item of personal
1620	property, that the developer is committing to furnish for each
1621	room or other facility or, in the alternative, a representation
1622	as to the minimum amount of expenditure that will be made to
1623	purchase the personal property for the facility.
1624	(f)  If there are leases, a description thereof, including
1625	the length of the term, the rent payable, and a description of
1626	any option to purchase.
1627
1628	Descriptions shall include location, areas, capacities, numbers,
1629	volumes, or sizes and may be stated as approximations or
1630	minimums.
1631	(8)  Recreation lease or associated club membership:
1632	(a)  If any recreational facilities or other facilities
1633	offered by the developer and available to, or to be used by,
1634	unit owners are to be leased or have club membership associated,
1635	the following statement in conspicuous type shall be included:
1636	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
1637	CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
1638	CONDOMINIUM. There shall be a reference to the location in the
1639	disclosure materials where the recreation lease or club
1640	membership is described in detail.
1641	(b)  If it is mandatory that unit owners pay a fee, rent,
1642	dues, or other charges under a recreational facilities lease or
1643	club membership for the use of facilities, there shall be in
1644	conspicuous type the applicable statement:
1645	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
1646	MANDATORY FOR UNIT OWNERS; or
1647	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
1648	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
1649	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
1650	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
1651	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
1652	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
1653	4.  A similar statement of the nature of the organization
1654	or the manner in which the use rights are created, and that unit
1655	owners are required to pay.
1656
1657	Immediately following the applicable statement, the location in
1658	the disclosure materials where the development is described in
1659	detail shall be stated.
1660	(c)  If the developer, or any other person other than the
1661	unit owners and other persons having use rights in the
1662	facilities, reserves, or is entitled to receive, any rent, fee,
1663	or other payment for the use of the facilities, then there shall
1664	be the following statement in conspicuous type: THE UNIT OWNERS
1665	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
1666	RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
1667	following this statement, the location in the disclosure
1668	materials where the rent or land use fees are described in
1669	detail shall be stated.
1670	(d)  If, in any recreation format, whether leasehold, club,
1671	or other, any person other than the association has the right to
1672	a lien on the units to secure the payment of assessments, rent,
1673	or other exactions, there shall appear a statement in
1674	conspicuous type in substantially the following form:
1675	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
1676	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
1677	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
1678	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
1679	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
1680	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
1681	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
1682	OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
1683	THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
1684
1685	Immediately following the applicable statement, the location in
1686	the disclosure materials where the lien or lien right is
1687	described in detail shall be stated.
1688	(9)  If the developer or any other person has the right to
1689	increase or add to the recreational facilities at any time after
1690	the establishment of the condominium whose unit owners have use
1691	rights therein, without the consent of the unit owners or
1692	associations being required, there shall appear a statement in
1693	conspicuous type in substantially the following form:
1694	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
1695	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
1696	statement, the location in the disclosure materials where such
1697	reserved rights are described shall be stated.
1698	(10)  A statement of whether the developer's plan includes
1699	a program of leasing units rather than selling them, or leasing
1700	units and selling them subject to such leases. If so, there
1701	shall be a description of the plan, including the number and
1702	identification of the units and the provisions and term of the
1703	proposed leases, and a statement in boldfaced type that: THE
1704	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
1705	(11)  The arrangements for management of the association
1706	and maintenance and operation of the condominium property and of
1707	other property that will serve the unit owners of the
1708	condominium property, and a description of the management
1709	contract and all other contracts for these purposes having a
1710	term in excess of 1 year, including the following:
1711	(a)  The names of contracting parties.
1712	(b)  The term of the contract.
1713	(c)  The nature of the services included.
1714	(d)  The compensation, stated on a monthly and annual
1715	basis, and provisions for increases in the compensation.
1716	(e)  A reference to the volumes and pages of the
1717	condominium documents and of the exhibits containing copies of
1718	such contracts.
1719
1720	Copies of all described contracts shall be attached as exhibits.
1721	If there is a contract for the management of the condominium
1722	property, then a statement in conspicuous type in substantially
1723	the following form shall appear, identifying the proposed or
1724	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
1725	THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
1726	CONTRACT MANAGER). Immediately following this statement, the
1727	location in the disclosure materials of the contract for
1728	management of the condominium property shall be stated.
1729	(12)  If the developer or any other person or persons other
1730	than the unit owners has the right to retain control of the
1731	board of administration of the association for a period of time
1732	which can exceed 1 year after the closing of the sale of a
1733	majority of the units in that condominium to persons other than
1734	successors or alternate developers, then a statement in
1735	conspicuous type in substantially the following form shall be
1736	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
1737	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
1738	HAVE BEEN SOLD. Immediately following this statement, the
1739	location in the disclosure materials where this right to control
1740	is described in detail shall be stated.
1741	(13)  If there are any restrictions upon the sale,
1742	transfer, conveyance, or leasing of a unit, then a statement in
1743	conspicuous type in substantially the following form shall be
1744	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
1745	CONTROLLED. Immediately following this statement, the location
1746	in the disclosure materials where the restriction, limitation,
1747	or control on the sale, lease, or transfer of units is described
1748	in detail shall be stated.
1749	(14)  If the condominium is part of a phase project, the
1750	following information shall be stated:
1751	(a)  A statement in conspicuous type in substantially the
1752	following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
1753	UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
1754	this statement, the location in the disclosure materials where
1755	the phasing is described shall be stated.
1756	(b)  A summary of the provisions of the declaration which
1757	provide for the phasing.
1758	(c)  A statement as to whether or not residential buildings
1759	and units which are added to the condominium may be
1760	substantially different from the residential buildings and units
1761	originally in the condominium. If the added residential
1762	buildings and units may be substantially different, there shall
1763	be a general description of the extent to which such added
1764	residential buildings and units may differ, and a statement in
1765	conspicuous type in substantially the following form shall be
1766	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
1767	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
1768	UNITS IN THE CONDOMINIUM. Immediately following this statement,
1769	the location in the disclosure materials where the extent to
1770	which added residential buildings and units may substantially
1771	differ is described shall be stated.
1772	(d)  A statement of the maximum number of buildings
1773	containing units, the maximum and minimum numbers of units in
1774	each building, the maximum number of units, and the minimum and
1775	maximum square footage of the units that may be contained within
1776	each parcel of land which may be added to the condominium.
1777	(15)  If a condominium created on or after July 1, 2000, is
1778	or may become part of a multicondominium, the following
1779	information must be provided:
1780	(a)  A statement in conspicuous type in substantially the
1781	following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
1782	MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
1783	(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
1784	this statement, the location in the prospectus or offering
1785	circular and its exhibits where the multicondominium aspects of
1786	the offering are described must be stated.
1787	(b)  A summary of the provisions in the declaration,
1788	articles of incorporation, and bylaws which establish and
1789	provide for the operation of the multicondominium, including a
1790	statement as to whether unit owners in the condominium will have
1791	the right to use recreational or other facilities located or
1792	planned to be located in other condominiums operated by the same
1793	association, and the manner of sharing the common expenses
1794	related to such facilities.
1795	(c)  A statement of the minimum and maximum number of
1796	condominiums, and the minimum and maximum number of units in
1797	each of those condominiums, which will or may be operated by the
1798	association, and the latest date by which the exact number will
1799	be finally determined.
1800	(d)  A statement as to whether any of the condominiums in
1801	the multicondominium may include units intended to be used for
1802	nonresidential purposes and the purpose or purposes permitted
1803	for such use.
1804	(e)  A general description of the location and approximate
1805	acreage of any land on which any additional condominiums to be
1806	operated by the association may be located.
1807	(16)  If the condominium is created by conversion of
1808	existing improvements, the following information shall be
1809	stated:
1810	(a)  The information required by s. 718.616.
1811	(b)  A caveat that there are no express warranties unless
1812	they are stated in writing by the developer.
1813	(17)  A summary of the restrictions, if any, to be imposed
1814	on units concerning the use of any of the condominium property,
1815	including statements as to whether there are restrictions upon
1816	children and pets, and reference to the volumes and pages of the
1817	condominium documents where such restrictions are found, or if
1818	such restrictions are contained elsewhere, then a copy of the
1819	documents containing the restrictions shall be attached as an
1820	exhibit.
1821	(18)  If there is any land that is offered by the developer
1822	for use by the unit owners and that is neither owned by them nor
1823	leased to them, the association, or any entity controlled by
1824	unit owners and other persons having the use rights to such
1825	land, a statement shall be made as to how such land will serve
1826	the condominium. If any part of such land will serve the
1827	condominium, the statement shall describe the land and the
1828	nature and term of service, and the declaration or other
1829	instrument creating such servitude shall be included as an
1830	exhibit.
1831	(19)  The manner in which utility and other services,
1832	including, but not limited to, sewage and waste disposal, water
1833	supply, and storm drainage, will be provided and the person or
1834	entity furnishing them.
1835	(20)  An explanation of the manner in which the
1836	apportionment of common expenses and ownership of the common
1837	elements has been determined.
1838	(21)  An estimated operating budget for the condominium and
1839	the association, and a schedule of the unit owner's expenses
1840	shall be attached as an exhibit and shall contain the following
1841	information:
1842	(a)  The estimated monthly and annual expenses of the
1843	condominium and the association that are collected from unit
1844	owners by assessments.
1845	(b)  The estimated monthly and annual expenses of each unit
1846	owner for a unit, other than common expenses paid by all unit
1847	owners, payable by the unit owner to persons or entities other
1848	than the association, as well as to the association, including
1849	fees assessed pursuant to s. 718.113(1) for maintenance of
1850	limited common elements where such costs are shared only by
1851	those entitled to use the limited common element, and the total
1852	estimated monthly and annual expense. There may be excluded from
1853	this estimate expenses which are not provided for or
1854	contemplated by the condominium documents, including, but not
1855	limited to, the costs of private telephone; maintenance of the
1856	interior of condominium units, which is not the obligation of
1857	the association; maid or janitorial services privately
1858	contracted for by the unit owners; utility bills billed directly
1859	to each unit owner for utility services to his or her unit;
1860	insurance premiums other than those incurred for policies
1861	obtained by the condominium; and similar personal expenses of
1862	the unit owner. A unit owner's estimated payments for
1863	assessments shall also be stated in the estimated amounts for
1864	the times when they will be due.
1865	(c)  The estimated items of expenses of the condominium and
1866	the association, except as excluded under paragraph (b),
1867	including, but not limited to, the following items, which shall
1868	be stated either as an association expense collectible by
1869	assessments or as unit owners' expenses payable to persons other
1870	than the association:
1871	1.  Expenses for the association and condominium:
1872	a.  Administration of the association.
1873	b.  Management fees.
1874	c.  Maintenance.
1875	d.  Rent for recreational and other commonly used
1876	facilities.
1877	e.  Taxes upon association property.
1878	f.  Taxes upon leased areas.
1879	g.  Insurance.
1880	h.  Security provisions.
1881	i.  Other expenses.
1882	j.  Operating capital.
1883	k.  Reserves.
1884	l.  Fees payable to the division.
1885	2.  Expenses for a unit owner:
1886	a.  Rent for the unit, if subject to a lease.
1887	b.  Rent payable by the unit owner directly to the lessor
1888	or agent under any recreational lease or lease for the use of
1889	commonly used facilities, which use and payment is a mandatory
1890	condition of ownership and is not included in the common expense
1891	or assessments for common maintenance paid by the unit owners to
1892	the association.
1893	(d)  The following statement in conspicuous type: THE
1894	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
1895	ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
1896	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
1897	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
1898	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
1899	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
1900	THE OFFERING.
1901	(e)  Each budget for an association prepared by a developer
1902	consistent with this subsection shall be prepared in good faith
1903	and shall reflect accurate estimated amounts for the required
1904	items in paragraph (c) at the time of the filing of the offering
1905	circular with the division, and subsequent increased amounts of
1906	any item included in the association's estimated budget that are
1907	beyond the control of the developer shall not be considered an
1908	amendment that would give rise to rescission rights set forth in
1909	s. 718.503(1)(a) or (b), nor shall such increases modify, void,
1910	or otherwise affect any guarantee of the developer contained in
1911	the offering circular or any purchase contract. It is the intent
1912	of this paragraph to clarify existing law.
1913	(f)  The estimated amounts shall be stated for a period of
1914	at least 12 months and may distinguish between the period prior
1915	to the time unit owners other than the developer elect a
1916	majority of the board of administration and the period after
1917	that date.
1918	(22)  A schedule of estimated closing expenses to be paid
1919	by a buyer or lessee of a unit and a statement of whether title
1920	opinion or title insurance policy is available to the buyer and,
1921	if so, at whose expense.
1922	(23)  The identity of the developer and the chief operating
1923	officer or principal directing the creation and sale of the
1924	condominium and a statement of its and his or her experience in
1925	this field.
1926	(24)  Copies of the following, to the extent they are
1927	applicable, shall be included as exhibits:
1928	(a)  The declaration of condominium, or the proposed
1929	declaration if the declaration has not been recorded.
1930	(b)  The articles of incorporation creating the
1931	association.
1932	(c)  The bylaws of the association.
1933	(d)  The ground lease or other underlying lease of the
1934	condominium.
1935	(e)  The management agreement and all maintenance and other
1936	contracts for management of the association and operation of the
1937	condominium and facilities used by the unit owners having a
1938	service term in excess of 1 year.
1939	(f)  The estimated operating budget for the condominium and
1940	the required schedule of unit owners' expenses.
1941	(g)  A copy of the floor plan of the unit and the plot plan
1942	showing the location of the residential buildings and the
1943	recreation and other common areas.
1944	(h)  The lease of recreational and other facilities that
1945	will be used only by unit owners of the subject condominium.
1946	(i)  The lease of facilities used by owners and others.
1947	(j)  The form of unit lease, if the offer is of a
1948	leasehold.
1949	(k)  A declaration of servitude of properties serving the
1950	condominium but not owned by unit owners or leased to them or
1951	the association.
1952	(l)  The statement of condition of the existing building or
1953	buildings, if the offering is of units in an operation being
1954	converted to condominium ownership.
1955	(m)  The statement of inspection for termite damage and
1956	treatment of the existing improvements, if the condominium is a
1957	conversion.
1958	(n)  The form of agreement for sale or lease of units.
1959	(o)  A copy of the agreement for escrow of payments made to
1960	the developer prior to closing.
1961	(p)  A copy of the documents containing any restrictions on
1962	use of the property required by subsection (17).
1963	(25)  Any prospectus or offering circular complying, prior
1964	to the effective date of this act, with the provisions of former
1965	ss. 711.69 and 711.802 may continue to be used without amendment
1966	or may be amended to comply with the provisions of this chapter.
1967	(26)  A brief narrative description of the location and
1968	effect of all existing and intended easements located or to be
1969	located on the condominium property other than those described
1970	in the declaration.
1971	(27)  If the developer is required by state or local
1972	authorities to obtain acceptance or approval of any dock or
1973	marina facilities intended to serve the condominium, a copy of
1974	any such acceptance or approval acquired by the time of filing
1975	with the division under s. 718.502(1) or a statement that such
1976	acceptance or approval has not been acquired or received.
1977	(28)  Evidence demonstrating that the developer has an
1978	ownership, leasehold, or contractual interest in the land upon
1979	which the condominium is to be developed.
1980	Section 40.  Section 718.508, Florida Statutes, is amended
1981	to read:
1982	718.508  Regulation by Division of Hotels and
1983	Restaurants.--In addition to the authority, regulation, or
1984	control exercised by the Division of Florida Land Sales,
1985	Condominiums, Timeshares, and Mobile Homes pursuant to this act
1986	with respect to condominiums, buildings included in a
1987	condominium property shall be subject to the authority,
1988	regulation, or control of the Division of Hotels and Restaurants
1989	of the Department of Business and Professional Regulation, to
1990	the extent provided for in chapter 399.
1991	Section 41.  Section 718.509, Florida Statutes, is amended,
1992	and section 498.019, Florida Statutes, is redesignated as
1993	subsections (1) and (2) of section 718.509, Florida Statutes,
1994	and amended, to read:
1995	718.509  Division of Florida Land Sales, Condominiums,
1996	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
1997	the division and any amount paid for a fee or penalty under this
1998	chapter shall be deposited in the State Treasury to the credit
1999	of the Division of Florida Land Sales, Condominiums, and Mobile
2000	Homes Trust Fund created by s. 498.019.
2001	498.019  Division of Florida Land Sales, Condominiums, and
2002	Mobile Homes Trust Fund.--
2003	(1)  There is created within the State Treasury the
2004	Division of Florida Land Sales, Condominiums, Timeshares, and
2005	Mobile Homes Trust Fund to be used for the administration and
2006	operation of this chapter and chapters 718, 719, 721, and 723 by
2007	the division.
2008	(2)  All moneys collected by the division from fees, fines,
2009	or penalties or from costs awarded to the division by a court or
2010	administrative final order shall be paid into the Division of
2011	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2012	Trust Fund. The Legislature shall appropriate funds from this
2013	trust fund sufficient to carry out the provisions of this
2014	chapter and the provisions of law with respect to each category
2015	of business covered by this trust fund. The division shall
2016	maintain separate revenue accounts in the trust fund for each of
2017	the businesses regulated by the division. The division shall
2018	provide for the proportionate allocation among the accounts of
2019	expenses incurred by the division in the performance of its
2020	duties with respect to each of these businesses. As part of its
2021	normal budgetary process, the division shall prepare an annual
2022	report of revenue and allocated expenses related to the
2023	operation of each of these businesses which may be used to
2024	determine fees charged by the division. This subsection shall
2025	operate pursuant to the provisions of s. 215.20.
2026	Section 42.  Paragraph (a) of subsection (2) of section
2027	718.608, Florida Statutes, is amended to read:
2028	718.608  Notice of intended conversion; time of delivery;
2029	content.--
2030	(2)(a)  Each notice of intended conversion shall be dated
2031	and in writing. The notice shall contain the following
2032	statement, with the phrases of the following statement which
2033	appear in upper case printed in conspicuous type:
2034
2035	These apartments are being converted to condominium by
2036	(name of developer)  , the developer.
2037	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2038	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2039	AGREEMENT AS FOLLOWS:
2040	a.  If you have continuously been a resident of these
2041	apartments during the last 180 days and your rental agreement
2042	expires during the next 270 days, you may extend your rental
2043	agreement for up to 270 days after the date of this notice.
2044	b.  If you have not been a continuous resident of these
2045	apartments for the last 180 days and your rental agreement
2046	expires during the next 180 days, you may extend your rental
2047	agreement for up to 180 days after the date of this notice.
2048	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2049	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2050	DATE OF THIS NOTICE.
2051	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2052	you may extend your rental agreement for up to 45 days after the
2053	date of this notice while you decide whether to extend your
2054	rental agreement as explained above. To do so, you must notify
2055	the developer in writing. You will then have the full 45 days to
2056	decide whether to extend your rental agreement as explained
2057	above.
2058	3.  During the extension of your rental agreement you will
2059	be charged the same rent that you are now paying.
2060	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2061	OF THE RENTAL AGREEMENT AS FOLLOWS:
2062	a.  If your rental agreement began or was extended or
2063	renewed after May 1, 1980, and your rental agreement, including
2064	extensions and renewals, has an unexpired term of 180 days or
2065	less, you may cancel your rental agreement upon 30 days' written
2066	notice and move. Also, upon 30 days' written notice, you may
2067	cancel any extension of the rental agreement.
2068	b.  If your rental agreement was not begun or was not
2069	extended or renewed after May 1, 1980, you may not cancel the
2070	rental agreement without the consent of the developer. If your
2071	rental agreement, including extensions and renewals, has an
2072	unexpired term of 180 days or less, you may, however, upon 30
2073	days' written notice cancel any extension of the rental
2074	agreement.
2075	5.  All notices must be given in writing and sent by mail,
2076	return receipt requested, or delivered in person to the
2077	developer at this address:   (name and address of developer)  .
2078	6.  If you have continuously been a resident of these
2079	apartments during the last 180 days:
2080	a.  You have the right to purchase your apartment and will
2081	have 45 days to decide whether to purchase. If you do not buy
2082	the unit at that price and the unit is later offered at a lower
2083	price, you will have the opportunity to buy the unit at the
2084	lower price. However, in all events your right to purchase the
2085	unit ends when the rental agreement or any extension of the
2086	rental agreement ends or when you waive this right in writing.
2087	b.  Within 90 days you will be provided purchase
2088	information relating to your apartment, including the price of
2089	your unit and the condition of the building. If you do not
2090	receive this information within 90 days, your rental agreement
2091	and any extension will be extended 1 day for each day over 90
2092	days until you are given the purchase information. If you do not
2093	want this rental agreement extension, you must notify the
2094	developer in writing.
2095	7.  If you have any questions regarding this conversion or
2096	the Condominium Act, you may contact the developer or the state
2097	agency which regulates condominiums: The Division of Florida
2098	Land Sales, Condominiums, Timeshares, and Mobile Homes,
2099	(Tallahassee address and telephone number of division)  .
2100	Section 43.  Subsection (17) of section 719.103, Florida
2101	Statutes, is amended to read:
2102	719.103  Definitions.--As used in this chapter:
2103	(17)  "Division" means the Division of Florida Land Sales,
2104	Condominiums, Timeshares, and Mobile Homes of the Department of
2105	Business and Professional Regulation.
2106	Section 44.  Section 719.1255, Florida Statutes, is amended
2107	to read:
2108	719.1255  Alternative resolution of disputes.--The Division
2109	of Florida Land Sales, Condominiums, Timeshares, and Mobile
2110	Homes of the Department of Business and Professional Regulation
2111	shall provide for alternative dispute resolution in accordance
2112	with s. 718.1255.
2113	Section 45.  Section 719.501, Florida Statutes, is amended
2114	to read:
2115	719.501  Powers and duties of Division of Florida Land
2116	Sales, Condominiums, Timeshares, and Mobile Homes.--
2117	(1)  The Division of Florida Land Sales, Condominiums,
2118	Timeshares, and Mobile Homes of the Department of Business and
2119	Professional Regulation, referred to as the "division" in this
2120	part, in addition to other powers and duties prescribed by
2121	chapter 718 498, has the power to enforce and ensure compliance
2122	with the provisions of this chapter and rules promulgated
2123	pursuant hereto relating to the development, construction, sale,
2124	lease, ownership, operation, and management of residential
2125	cooperative units. In performing its duties, the division shall
2126	have the following powers and duties:
2127	(a)  The division may make necessary public or private
2128	investigations within or outside this state to determine whether
2129	any person has violated this chapter or any rule or order
2130	hereunder, to aid in the enforcement of this chapter, or to aid
2131	in the adoption of rules or forms hereunder.
2132	(b)  The division may require or permit any person to file
2133	a statement in writing, under oath or otherwise, as the division
2134	determines, as to the facts and circumstances concerning a
2135	matter to be investigated.
2136	(c)  For the purpose of any investigation under this
2137	chapter, the division director or any officer or employee
2138	designated by the division director may administer oaths or
2139	affirmations, subpoena witnesses and compel their attendance,
2140	take evidence, and require the production of any matter which is
2141	relevant to the investigation, including the existence,
2142	description, nature, custody, condition, and location of any
2143	books, documents, or other tangible things and the identity and
2144	location of persons having knowledge of relevant facts or any
2145	other matter reasonably calculated to lead to the discovery of
2146	material evidence. Upon failure by a person to obey a subpoena
2147	or to answer questions propounded by the investigating officer
2148	and upon reasonable notice to all persons affected thereby, the
2149	division may apply to the circuit court for an order compelling
2150	compliance.
2151	(d)  Notwithstanding any remedies available to unit owners
2152	and associations, if the division has reasonable cause to
2153	believe that a violation of any provision of this chapter or
2154	rule promulgated pursuant hereto has occurred, the division may
2155	institute enforcement proceedings in its own name against a
2156	developer, association, officer, or member of the board, or its
2157	assignees or agents, as follows:
2158	1.  The division may permit a person whose conduct or
2159	actions may be under investigation to waive formal proceedings
2160	and enter into a consent proceeding whereby orders, rules, or
2161	letters of censure or warning, whether formal or informal, may
2162	be entered against the person.
2163	2.  The division may issue an order requiring the
2164	developer, association, officer, or member of the board, or its
2165	assignees or agents, to cease and desist from the unlawful
2166	practice and take such affirmative action as in the judgment of
2167	the division will carry out the purposes of this chapter. Such
2168	affirmative action may include, but is not limited to, an order
2169	requiring a developer to pay moneys determined to be owed to a
2170	condominium association.
2171	3.  The division may bring an action in circuit court on
2172	behalf of a class of unit owners, lessees, or purchasers for
2173	declaratory relief, injunctive relief, or restitution.
2174	4.  The division may impose a civil penalty against a
2175	developer or association, or its assignees or agents, for any
2176	violation of this chapter or a rule promulgated pursuant hereto.
2177	The division may impose a civil penalty individually against any
2178	officer or board member who willfully and knowingly violates a
2179	provision of this chapter, a rule adopted pursuant to this
2180	chapter, or a final order of the division. The term "willfully
2181	and knowingly" means that the division informed the officer or
2182	board member that his or her action or intended action violates
2183	this chapter, a rule adopted under this chapter, or a final
2184	order of the division, and that the officer or board member
2185	refused to comply with the requirements of this chapter, a rule
2186	adopted under this chapter, or a final order of the division.
2187	The division, prior to initiating formal agency action under
2188	chapter 120, shall afford the officer or board member an
2189	opportunity to voluntarily comply with this chapter, a rule
2190	adopted under this chapter, or a final order of the division. An
2191	officer or board member who complies within 10 days is not
2192	subject to a civil penalty. A penalty may be imposed on the
2193	basis of each day of continuing violation, but in no event shall
2194	the penalty for any offense exceed $5,000. By January 1, 1998,
2195	the division shall adopt, by rule, penalty guidelines applicable
2196	to possible violations or to categories of violations of this
2197	chapter or rules adopted by the division. The guidelines must
2198	specify a meaningful range of civil penalties for each such
2199	violation of the statute and rules and must be based upon the
2200	harm caused by the violation, the repetition of the violation,
2201	and upon such other factors deemed relevant by the division. For
2202	example, the division may consider whether the violations were
2203	committed by a developer or owner-controlled association, the
2204	size of the association, and other factors. The guidelines must
2205	designate the possible mitigating or aggravating circumstances
2206	that justify a departure from the range of penalties provided by
2207	the rules. It is the legislative intent that minor violations be
2208	distinguished from those which endanger the health, safety, or
2209	welfare of the cooperative residents or other persons and that
2210	such guidelines provide reasonable and meaningful notice to the
2211	public of likely penalties that may be imposed for proscribed
2212	conduct. This subsection does not limit the ability of the
2213	division to informally dispose of administrative actions or
2214	complaints by stipulation, agreed settlement, or consent order.
2215	All amounts collected shall be deposited with the Chief
2216	Financial Officer to the credit of the Division of Florida Land
2217	Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
2218	a developer fails to pay the civil penalty, the division shall
2219	thereupon issue an order directing that such developer cease and
2220	desist from further operation until such time as the civil
2221	penalty is paid or may pursue enforcement of the penalty in a
2222	court of competent jurisdiction. If an association fails to pay
2223	the civil penalty, the division shall thereupon pursue
2224	enforcement in a court of competent jurisdiction, and the order
2225	imposing the civil penalty or the cease and desist order shall
2226	not become effective until 20 days after the date of such order.
2227	Any action commenced by the division shall be brought in the
2228	county in which the division has its executive offices or in the
2229	county where the violation occurred.
2230	(e)  The division is authorized to prepare and disseminate
2231	a prospectus and other information to assist prospective owners,
2232	purchasers, lessees, and developers of residential cooperatives
2233	in assessing the rights, privileges, and duties pertaining
2234	thereto.
2235	(f)  The division has authority to adopt rules pursuant to
2236	ss. 120.536(1) and 120.54 to implement and enforce the
2237	provisions of this chapter.
2238	(g)  The division shall establish procedures for providing
2239	notice to an association when the division is considering the
2240	issuance of a declaratory statement with respect to the
2241	cooperative documents governing such cooperative community.
2242	(h)  The division shall furnish each association which pays
2243	the fees required by paragraph (2)(a) a copy of this act,
2244	subsequent changes to this act on an annual basis, an amended
2245	version of this act as it becomes available from the Secretary
2246	of State's office on a biennial basis, and the rules promulgated
2247	pursuant thereto on an annual basis.
2248	(i)  The division shall annually provide each association
2249	with a summary of declaratory statements and formal legal
2250	opinions relating to the operations of cooperatives which were
2251	rendered by the division during the previous year.
2252	(j)  The division shall adopt uniform accounting
2253	principles, policies, and standards to be used by all
2254	associations in the preparation and presentation of all
2255	financial statements required by this chapter. The principles,
2256	policies, and standards shall take into consideration the size
2257	of the association and the total revenue collected by the
2258	association.
2259	(k)  The division shall provide training programs for
2260	cooperative association board members and unit owners.
2261	(l)  The division shall maintain a toll-free telephone
2262	number accessible to cooperative unit owners.
2263	(m)  When a complaint is made to the division, the division
2264	shall conduct its inquiry with reasonable dispatch and with due
2265	regard to the interests of the affected parties. Within 30 days
2266	after receipt of a complaint, the division shall acknowledge the
2267	complaint in writing and notify the complainant whether the
2268	complaint is within the jurisdiction of the division and whether
2269	additional information is needed by the division from the
2270	complainant. The division shall conduct its investigation and
2271	shall, within 90 days after receipt of the original complaint or
2272	timely requested additional information, take action upon the
2273	complaint. However, the failure to complete the investigation
2274	within 90 days does not prevent the division from continuing the
2275	investigation, accepting or considering evidence obtained or
2276	received after 90 days, or taking administrative action if
2277	reasonable cause exists to believe that a violation of this
2278	chapter or a rule of the division has occurred. If an
2279	investigation is not completed within the time limits
2280	established in this paragraph, the division shall, on a monthly
2281	basis, notify the complainant in writing of the status of the
2282	investigation. When reporting its action to the complainant, the
2283	division shall inform the complainant of any right to a hearing
2284	pursuant to ss. 120.569 and 120.57.
2285	(n)  The division shall develop a program to certify both
2286	volunteer and paid mediators to provide mediation of cooperative
2287	disputes. The division shall provide, upon request, a list of
2288	such mediators to any association, unit owner, or other
2289	participant in arbitration proceedings under s. 718.1255
2290	requesting a copy of the list. The division shall include on the
2291	list of voluntary mediators only persons who have received at
2292	least 20 hours of training in mediation techniques or have
2293	mediated at least 20 disputes. In order to become initially
2294	certified by the division, paid mediators must be certified by
2295	the Supreme Court to mediate court cases in either county or
2296	circuit courts. However, the division may adopt, by rule,
2297	additional factors for the certification of paid mediators,
2298	which factors must be related to experience, education, or
2299	background. Any person initially certified as a paid mediator by
2300	the division must, in order to continue to be certified, comply
2301	with the factors or requirements imposed by rules adopted by the
2302	division.
2303	(2)(a)  Each cooperative association shall pay to the
2304	division, on or before January 1 of each year, an annual fee in
2305	the amount of $4 for each residential unit in cooperatives
2306	operated by the association. If the fee is not paid by March 1,
2307	then the association shall be assessed a penalty of 10 percent
2308	of the amount due, and the association shall not have the
2309	standing to maintain or defend any action in the courts of this
2310	state until the amount due is paid.
2311	(b)  All fees shall be deposited in the Division of Florida
2312	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2313	Fund as provided by law.
2314	Section 46.  Paragraph (a) of subsection (2) of section
2315	719.502, Florida Statutes, is amended to read:
2316	719.502  Filing prior to sale or lease.--
2317	(2)(a)  Prior to filing as required by subsection (1), and
2318	prior to acquiring an ownership, leasehold, or contractual
2319	interest in the land upon which the cooperative is to be
2320	developed, a developer shall not offer a contract for purchase
2321	or lease of a unit for more than 5 years. However, the developer
2322	may accept deposits for reservations upon the approval of a
2323	fully executed escrow agreement and reservation agreement form
2324	properly filed with the Division of Florida Land Sales,
2325	Condominiums, Timeshares, and Mobile Homes. Each filing of a
2326	proposed reservation program shall be accompanied by a filing
2327	fee of $250. Reservations shall not be taken on a proposed
2328	cooperative unless the developer has an ownership, leasehold, or
2329	contractual interest in the land upon which the cooperative is
2330	to be developed. The division shall notify the developer within
2331	20 days of receipt of the reservation filing of any deficiencies
2332	contained therein. Such notification shall not preclude the
2333	determination of reservation filing deficiencies at a later
2334	date, nor shall it relieve the developer of any responsibility
2335	under the law. The escrow agreement and the reservation
2336	agreement form shall include a statement of the right of the
2337	prospective purchaser to an immediate unqualified refund of the
2338	reservation deposit moneys upon written request to the escrow
2339	agent by the prospective purchaser or the developer.
2340	Section 47.  Section 719.504, Florida Statutes, is amended
2341	to read:
2342	719.504  Prospectus or offering circular.--Every developer
2343	of a residential cooperative which contains more than 20
2344	residential units, or which is part of a group of residential
2345	cooperatives which will be served by property to be used in
2346	common by unit owners of more than 20 residential units, shall
2347	prepare a prospectus or offering circular and file it with the
2348	Division of Florida Land Sales, Condominiums, Timeshares, and
2349	Mobile Homes prior to entering into an enforceable contract of
2350	purchase and sale of any unit or lease of a unit for more than 5
2351	years and shall furnish a copy of the prospectus or offering
2352	circular to each buyer. In addition to the prospectus or
2353	offering circular, each buyer shall be furnished a separate page
2354	entitled "Frequently Asked Questions and Answers," which must be
2355	in accordance with a format approved by the division. This page
2356	must, in readable language: inform prospective purchasers
2357	regarding their voting rights and unit use restrictions,
2358	including restrictions on the leasing of a unit; indicate
2359	whether and in what amount the unit owners or the association is
2360	obligated to pay rent or land use fees for recreational or other
2361	commonly used facilities; contain a statement identifying that
2362	amount of assessment which, pursuant to the budget, would be
2363	levied upon each unit type, exclusive of any special
2364	assessments, and which identifies the basis upon which
2365	assessments are levied, whether monthly, quarterly, or
2366	otherwise; state and identify any court cases in which the
2367	association is currently a party of record in which the
2368	association may face liability in excess of $100,000; and state
2369	whether membership in a recreational facilities association is
2370	mandatory and, if so, identify the fees currently charged per
2371	unit type. The division shall by rule require such other
2372	disclosure as in its judgment will assist prospective
2373	purchasers. The prospectus or offering circular may include more
2374	than one cooperative, although not all such units are being
2375	offered for sale as of the date of the prospectus or offering
2376	circular. The prospectus or offering circular must contain the
2377	following information:
2378	(1)  The front cover or the first page must contain only:
2379	(a)  The name of the cooperative.
2380	(b)  The following statements in conspicuous type:
2381	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2382	MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
2383	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2384	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2385	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2386	MATERIALS.
2387	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2388	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2389	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2390	REPRESENTATIONS.
2391	(2)  Summary: The next page must contain all statements
2392	required to be in conspicuous type in the prospectus or offering
2393	circular.
2394	(3)  A separate index of the contents and exhibits of the
2395	prospectus.
2396	(4)  Beginning on the first page of the text (not including
2397	the summary and index), a description of the cooperative,
2398	including, but not limited to, the following information:
2399	(a)  Its name and location.
2400	(b)  A description of the cooperative property, including,
2401	without limitation:
2402	1.  The number of buildings, the number of units in each
2403	building, the number of bathrooms and bedrooms in each unit, and
2404	the total number of units, if the cooperative is not a phase
2405	cooperative; or, if the cooperative is a phase cooperative, the
2406	maximum number of buildings that may be contained within the
2407	cooperative, the minimum and maximum number of units in each
2408	building, the minimum and maximum number of bathrooms and
2409	bedrooms that may be contained in each unit, and the maximum
2410	number of units that may be contained within the cooperative.
2411	2.  The page in the cooperative documents where a copy of
2412	the survey and plot plan of the cooperative is located.
2413	3.  The estimated latest date of completion of
2414	constructing, finishing, and equipping. In lieu of a date, a
2415	statement that the estimated date of completion of the
2416	cooperative is in the purchase agreement and a reference to the
2417	article or paragraph containing that information.
2418	(c)  The maximum number of units that will use facilities
2419	in common with the cooperative. If the maximum number of units
2420	will vary, a description of the basis for variation and the
2421	minimum amount of dollars per unit to be spent for additional
2422	recreational facilities or enlargement of such facilities. If
2423	the addition or enlargement of facilities will result in a
2424	material increase of a unit owner's maintenance expense or
2425	rental expense, if any, the maximum increase and limitations
2426	thereon shall be stated.
2427	(5)(a)  A statement in conspicuous type describing whether
2428	the cooperative is created and being sold as fee simple
2429	interests or as leasehold interests. If the cooperative is
2430	created or being sold on a leasehold, the location of the lease
2431	in the disclosure materials shall be stated.
2432	(b)  If timeshare estates are or may be created with
2433	respect to any unit in the cooperative, a statement in
2434	conspicuous type stating that timeshare estates are created and
2435	being sold in such specified units in the cooperative.
2436	(6)  A description of the recreational and other common
2437	areas that will be used only by unit owners of the cooperative,
2438	including, but not limited to, the following:
2439	(a)  Each room and its intended purposes, location,
2440	approximate floor area, and capacity in numbers of people.
2441	(b)  Each swimming pool, as to its general location,
2442	approximate size and depths, approximate deck size and capacity,
2443	and whether heated.
2444	(c)  Additional facilities, as to the number of each
2445	facility, its approximate location, approximate size, and
2446	approximate capacity.
2447	(d)  A general description of the items of personal
2448	property and the approximate number of each item of personal
2449	property that the developer is committing to furnish for each
2450	room or other facility or, in the alternative, a representation
2451	as to the minimum amount of expenditure that will be made to
2452	purchase the personal property for the facility.
2453	(e)  The estimated date when each room or other facility
2454	will be available for use by the unit owners.
2455	(f)1.  An identification of each room or other facility to
2456	be used by unit owners that will not be owned by the unit owners
2457	or the association;
2458	2.  A reference to the location in the disclosure materials
2459	of the lease or other agreements providing for the use of those
2460	facilities; and
2461	3.  A description of the terms of the lease or other
2462	agreements, including the length of the term; the rent payable,
2463	directly or indirectly, by each unit owner, and the total rent
2464	payable to the lessor, stated in monthly and annual amounts for
2465	the entire term of the lease; and a description of any option to
2466	purchase the property leased under any such lease, including the
2467	time the option may be exercised, the purchase price or how it
2468	is to be determined, the manner of payment, and whether the
2469	option may be exercised for a unit owner's share or only as to
2470	the entire leased property.
2471	(g)  A statement as to whether the developer may provide
2472	additional facilities not described above, their general
2473	locations and types, improvements or changes that may be made,
2474	the approximate dollar amount to be expended, and the maximum
2475	additional common expense or cost to the individual unit owners
2476	that may be charged during the first annual period of operation
2477	of the modified or added facilities.
2478
2479	Descriptions as to locations, areas, capacities, numbers,
2480	volumes, or sizes may be stated as approximations or minimums.
2481	(7)  A description of the recreational and other facilities
2482	that will be used in common with other cooperatives, community
2483	associations, or planned developments which require the payment
2484	of the maintenance and expenses of such facilities, either
2485	directly or indirectly, by the unit owners. The description
2486	shall include, but not be limited to, the following:
2487	(a)  Each building and facility committed to be built.
2488	(b)  Facilities not committed to be built except under
2489	certain conditions, and a statement of those conditions or
2490	contingencies.
2491	(c)  As to each facility committed to be built, or which
2492	will be committed to be built upon the happening of one of the
2493	conditions in paragraph (b), a statement of whether it will be
2494	owned by the unit owners having the use thereof or by an
2495	association or other entity which will be controlled by them, or
2496	others, and the location in the exhibits of the lease or other
2497	document providing for use of those facilities.
2498	(d)  The year in which each facility will be available for
2499	use by the unit owners or, in the alternative, the maximum
2500	number of unit owners in the project at the time each of all of
2501	the facilities is committed to be completed.
2502	(e)  A general description of the items of personal
2503	property, and the approximate number of each item of personal
2504	property, that the developer is committing to furnish for each
2505	room or other facility or, in the alternative, a representation
2506	as to the minimum amount of expenditure that will be made to
2507	purchase the personal property for the facility.
2508	(f)  If there are leases, a description thereof, including
2509	the length of the term, the rent payable, and a description of
2510	any option to purchase.
2511
2512	Descriptions shall include location, areas, capacities, numbers,
2513	volumes, or sizes and may be stated as approximations or
2514	minimums.
2515	(8)  Recreation lease or associated club membership:
2516	(a)  If any recreational facilities or other common areas
2517	offered by the developer and available to, or to be used by,
2518	unit owners are to be leased or have club membership associated,
2519	the following statement in conspicuous type shall be included:
2520	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2521	COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2522	COOPERATIVE. There shall be a reference to the location in the
2523	disclosure materials where the recreation lease or club
2524	membership is described in detail.
2525	(b)  If it is mandatory that unit owners pay a fee, rent,
2526	dues, or other charges under a recreational facilities lease or
2527	club membership for the use of facilities, there shall be in
2528	conspicuous type the applicable statement:
2529	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2530	MANDATORY FOR UNIT OWNERS; or
2531	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2532	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2533	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2534	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2535	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2536	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2537	4.  A similar statement of the nature of the organization
2538	or manner in which the use rights are created, and that unit
2539	owners are required to pay.
2540
2541	Immediately following the applicable statement, the location in
2542	the disclosure materials where the development is described in
2543	detail shall be stated.
2544	(c)  If the developer, or any other person other than the
2545	unit owners and other persons having use rights in the
2546	facilities, reserves, or is entitled to receive, any rent, fee,
2547	or other payment for the use of the facilities, then there shall
2548	be the following statement in conspicuous type: THE UNIT OWNERS
2549	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2550	RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
2551	statement, the location in the disclosure materials where the
2552	rent or land use fees are described in detail shall be stated.
2553	(d)  If, in any recreation format, whether leasehold, club,
2554	or other, any person other than the association has the right to
2555	a lien on the units to secure the payment of assessments, rent,
2556	or other exactions, there shall appear a statement in
2557	conspicuous type in substantially the following form:
2558	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2559	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2560	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2561	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2562	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2563	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2564	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2565	OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
2566	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2567
2568	Immediately following the applicable statement, the location in
2569	the disclosure materials where the lien or lien right is
2570	described in detail shall be stated.
2571	(9)  If the developer or any other person has the right to
2572	increase or add to the recreational facilities at any time after
2573	the establishment of the cooperative whose unit owners have use
2574	rights therein, without the consent of the unit owners or
2575	associations being required, there shall appear a statement in
2576	conspicuous type in substantially the following form:
2577	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2578	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2579	statement, the location in the disclosure materials where such
2580	reserved rights are described shall be stated.
2581	(10)  A statement of whether the developer's plan includes
2582	a program of leasing units rather than selling them, or leasing
2583	units and selling them subject to such leases. If so, there
2584	shall be a description of the plan, including the number and
2585	identification of the units and the provisions and term of the
2586	proposed leases, and a statement in boldfaced type that: THE
2587	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2588	(11)  The arrangements for management of the association
2589	and maintenance and operation of the cooperative property and of
2590	other property that will serve the unit owners of the
2591	cooperative property, and a description of the management
2592	contract and all other contracts for these purposes having a
2593	term in excess of 1 year, including the following:
2594	(a)  The names of contracting parties.
2595	(b)  The term of the contract.
2596	(c)  The nature of the services included.
2597	(d)  The compensation, stated on a monthly and annual
2598	basis, and provisions for increases in the compensation.
2599	(e)  A reference to the volumes and pages of the
2600	cooperative documents and of the exhibits containing copies of
2601	such contracts.
2602
2603	Copies of all described contracts shall be attached as exhibits.
2604	If there is a contract for the management of the cooperative
2605	property, then a statement in conspicuous type in substantially
2606	the following form shall appear, identifying the proposed or
2607	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2608	THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
2609	CONTRACT MANAGER). Immediately following this statement, the
2610	location in the disclosure materials of the contract for
2611	management of the cooperative property shall be stated.
2612	(12)  If the developer or any other person or persons other
2613	than the unit owners has the right to retain control of the
2614	board of administration of the association for a period of time
2615	which can exceed 1 year after the closing of the sale of a
2616	majority of the units in that cooperative to persons other than
2617	successors or alternate developers, then a statement in
2618	conspicuous type in substantially the following form shall be
2619	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2620	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2621	HAVE BEEN SOLD. Immediately following this statement, the
2622	location in the disclosure materials where this right to control
2623	is described in detail shall be stated.
2624	(13)  If there are any restrictions upon the sale,
2625	transfer, conveyance, or leasing of a unit, then a statement in
2626	conspicuous type in substantially the following form shall be
2627	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2628	CONTROLLED. Immediately following this statement, the location
2629	in the disclosure materials where the restriction, limitation,
2630	or control on the sale, lease, or transfer of units is described
2631	in detail shall be stated.
2632	(14)  If the cooperative is part of a phase project, the
2633	following shall be stated:
2634	(a)  A statement in conspicuous type in substantially the
2635	following form shall be included: THIS IS A PHASE COOPERATIVE.
2636	ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
2637	Immediately following this statement, the location in the
2638	disclosure materials where the phasing is described shall be
2639	stated.
2640	(b)  A summary of the provisions of the declaration
2641	providing for the phasing.
2642	(c)  A statement as to whether or not residential buildings
2643	and units which are added to the cooperative may be
2644	substantially different from the residential buildings and units
2645	originally in the cooperative, and, if the added residential
2646	buildings and units may be substantially different, there shall
2647	be a general description of the extent to which such added
2648	residential buildings and units may differ, and a statement in
2649	conspicuous type in substantially the following form shall be
2650	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
2651	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2652	UNITS IN THE COOPERATIVE. Immediately following this statement,
2653	the location in the disclosure materials where the extent to
2654	which added residential buildings and units may substantially
2655	differ is described shall be stated.
2656	(d)  A statement of the maximum number of buildings
2657	containing units, the maximum and minimum number of units in
2658	each building, the maximum number of units, and the minimum and
2659	maximum square footage of the units that may be contained within
2660	each parcel of land which may be added to the cooperative.
2661	(15)  If the cooperative is created by conversion of
2662	existing improvements, the following information shall be
2663	stated:
2664	(a)  The information required by s. 719.616.
2665	(b)  A caveat that there are no express warranties unless
2666	they are stated in writing by the developer.
2667	(16)  A summary of the restrictions, if any, to be imposed
2668	on units concerning the use of any of the cooperative property,
2669	including statements as to whether there are restrictions upon
2670	children and pets, and reference to the volumes and pages of the
2671	cooperative documents where such restrictions are found, or if
2672	such restrictions are contained elsewhere, then a copy of the
2673	documents containing the restrictions shall be attached as an
2674	exhibit.
2675	(17)  If there is any land that is offered by the developer
2676	for use by the unit owners and that is neither owned by them nor
2677	leased to them, the association, or any entity controlled by
2678	unit owners and other persons having the use rights to such
2679	land, a statement shall be made as to how such land will serve
2680	the cooperative. If any part of such land will serve the
2681	cooperative, the statement shall describe the land and the
2682	nature and term of service, and the cooperative documents or
2683	other instrument creating such servitude shall be included as an
2684	exhibit.
2685	(18)  The manner in which utility and other services,
2686	including, but not limited to, sewage and waste disposal, water
2687	supply, and storm drainage, will be provided and the person or
2688	entity furnishing them.
2689	(19)  An explanation of the manner in which the
2690	apportionment of common expenses and ownership of the common
2691	areas have been determined.
2692	(20)  An estimated operating budget for the cooperative and
2693	the association, and a schedule of the unit owner's expenses
2694	shall be attached as an exhibit and shall contain the following
2695	information:
2696	(a)  The estimated monthly and annual expenses of the
2697	cooperative and the association that are collected from unit
2698	owners by assessments.
2699	(b)  The estimated monthly and annual expenses of each unit
2700	owner for a unit, other than assessments payable to the
2701	association, payable by the unit owner to persons or entities
2702	other than the association, and the total estimated monthly and
2703	annual expense. There may be excluded from this estimate
2704	expenses that are personal to unit owners, which are not
2705	uniformly incurred by all unit owners, or which are not provided
2706	for or contemplated by the cooperative documents, including, but
2707	not limited to, the costs of private telephone; maintenance of
2708	the interior of cooperative units, which is not the obligation
2709	of the association; maid or janitorial services privately
2710	contracted for by the unit owners; utility bills billed directly
2711	to each unit owner for utility services to his or her unit;
2712	insurance premiums other than those incurred for policies
2713	obtained by the cooperative; and similar personal expenses of
2714	the unit owner. A unit owner's estimated payments for
2715	assessments shall also be stated in the estimated amounts for
2716	the times when they will be due.
2717	(c)  The estimated items of expenses of the cooperative and
2718	the association, except as excluded under paragraph (b),
2719	including, but not limited to, the following items, which shall
2720	be stated either as an association expense collectible by
2721	assessments or as unit owners' expenses payable to persons other
2722	than the association:
2723	1.  Expenses for the association and cooperative:
2724	a.  Administration of the association.
2725	b.  Management fees.
2726	c.  Maintenance.
2727	d.  Rent for recreational and other commonly used areas.
2728	e.  Taxes upon association property.
2729	f.  Taxes upon leased areas.
2730	g.  Insurance.
2731	h.  Security provisions.
2732	i.  Other expenses.
2733	j.  Operating capital.
2734	k.  Reserves.
2735	l.  Fee payable to the division.
2736	2.  Expenses for a unit owner:
2737	a.  Rent for the unit, if subject to a lease.
2738	b.  Rent payable by the unit owner directly to the lessor
2739	or agent under any recreational lease or lease for the use of
2740	commonly used areas, which use and payment are a mandatory
2741	condition of ownership and are not included in the common
2742	expense or assessments for common maintenance paid by the unit
2743	owners to the association.
2744	(d)  The following statement in conspicuous type: THE
2745	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2746	ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
2747	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2748	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2749	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2750	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
2751	THE OFFERING.
2752	(e)  Each budget for an association prepared by a developer
2753	consistent with this subsection shall be prepared in good faith
2754	and shall reflect accurate estimated amounts for the required
2755	items in paragraph (c) at the time of the filing of the offering
2756	circular with the division, and subsequent increased amounts of
2757	any item included in the association's estimated budget that are
2758	beyond the control of the developer shall not be considered an
2759	amendment that would give rise to rescission rights set forth in
2760	s. 719.503(1)(a) or (b), nor shall such increases modify, void,
2761	or otherwise affect any guarantee of the developer contained in
2762	the offering circular or any purchase contract. It is the intent
2763	of this paragraph to clarify existing law.
2764	(f)  The estimated amounts shall be stated for a period of
2765	at least 12 months and may distinguish between the period prior
2766	to the time unit owners other than the developer elect a
2767	majority of the board of administration and the period after
2768	that date.
2769	(21)  A schedule of estimated closing expenses to be paid
2770	by a buyer or lessee of a unit and a statement of whether title
2771	opinion or title insurance policy is available to the buyer and,
2772	if so, at whose expense.
2773	(22)  The identity of the developer and the chief operating
2774	officer or principal directing the creation and sale of the
2775	cooperative and a statement of its and his or her experience in
2776	this field.
2777	(23)  Copies of the following, to the extent they are
2778	applicable, shall be included as exhibits:
2779	(a)  The cooperative documents, or the proposed cooperative
2780	documents if the documents have not been recorded.
2781	(b)  The articles of incorporation creating the
2782	association.
2783	(c)  The bylaws of the association.
2784	(d)  The ground lease or other underlying lease of the
2785	cooperative.
2786	(e)  The management agreement and all maintenance and other
2787	contracts for management of the association and operation of the
2788	cooperative and facilities used by the unit owners having a
2789	service term in excess of 1 year.
2790	(f)  The estimated operating budget for the cooperative and
2791	the required schedule of unit owners' expenses.
2792	(g)  A copy of the floor plan of the unit and the plot plan
2793	showing the location of the residential buildings and the
2794	recreation and other common areas.
2795	(h)  The lease of recreational and other facilities that
2796	will be used only by unit owners of the subject cooperative.
2797	(i)  The lease of facilities used by owners and others.
2798	(j)  The form of unit lease, if the offer is of a
2799	leasehold.
2800	(k)  A declaration of servitude of properties serving the
2801	cooperative but not owned by unit owners or leased to them or
2802	the association.
2803	(l)  The statement of condition of the existing building or
2804	buildings, if the offering is of units in an operation being
2805	converted to cooperative ownership.
2806	(m)  The statement of inspection for termite damage and
2807	treatment of the existing improvements, if the cooperative is a
2808	conversion.
2809	(n)  The form of agreement for sale or lease of units.
2810	(o)  A copy of the agreement for escrow of payments made to
2811	the developer prior to closing.
2812	(p)  A copy of the documents containing any restrictions on
2813	use of the property required by subsection (16).
2814	(24)  Any prospectus or offering circular complying with
2815	the provisions of former ss. 711.69 and 711.802 may continue to
2816	be used without amendment, or may be amended to comply with the
2817	provisions of this chapter.
2818	(25)  A brief narrative description of the location and
2819	effect of all existing and intended easements located or to be
2820	located on the cooperative property other than those in the
2821	declaration.
2822	(26)  If the developer is required by state or local
2823	authorities to obtain acceptance or approval of any dock or
2824	marina facility intended to serve the cooperative, a copy of
2825	such acceptance or approval acquired by the time of filing with
2826	the division pursuant to s. 719.502 or a statement that such
2827	acceptance has not been acquired or received.
2828	(27)  Evidence demonstrating that the developer has an
2829	ownership, leasehold, or contractual interest in the land upon
2830	which the cooperative is to be developed.
2831	Section 48.  Section 719.508, Florida Statutes, is amended
2832	to read:
2833	719.508  Regulation by Division of Hotels and
2834	Restaurants.--In addition to the authority, regulation, or
2835	control exercised by the Division of Florida Land Sales,
2836	Condominiums, Timeshares, and Mobile Homes pursuant to this act
2837	with respect to cooperatives, buildings included in a
2838	cooperative property shall be subject to the authority,
2839	regulation, or control of the Division of Hotels and Restaurants
2840	of the Department of Business and Professional Regulation, to
2841	the extent provided for in chapters 399 and 509.
2842	Section 49.  Paragraph (a) of subsection (2) of section
2843	719.608, Florida Statutes, is amended to read:
2844	719.608  Notice of intended conversion; time of delivery;
2845	content.--
2846	(2)(a)  Each notice of intended conversion shall be dated
2847	and in writing. The notice shall contain the following
2848	statement, with the phrases of the following statement which
2849	appear in upper case printed in conspicuous type:
2850
2851	These apartments are being converted to cooperative by
2852	(name of developer)  , the developer.
2853	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2854	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2855	AGREEMENT AS FOLLOWS:
2856	a.  If you have continuously been a resident of these
2857	apartments during the last 180 days and your rental agreement
2858	expires during the next 270 days, you may extend your rental
2859	agreement for up to 270 days after the date of this notice.
2860	b.  If you have not been a continuous resident of these
2861	apartments for the last 180 days and your rental agreement
2862	expires during the next 180 days, you may extend your rental
2863	agreement for up to 180 days after the date of this notice.
2864	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2865	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2866	DATE OF THIS NOTICE.
2867	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2868	you may extend your rental agreement for up to 45 days after the
2869	date of this notice while you decide whether to extend your
2870	rental agreement as explained above. To do so, you must notify
2871	the developer in writing. You will then have the full 45 days to
2872	decide whether to extend your rental agreement as explained
2873	above.
2874	3.  During the extension of your rental agreement you will
2875	be charged the same rent that you are now paying.
2876	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2877	OF THE RENTAL AGREEMENT AS FOLLOWS:
2878	a.  If your rental agreement began or was extended or
2879	renewed after May 1, 1980, and your rental agreement, including
2880	extensions and renewals, has an unexpired term of 180 days or
2881	less, you may cancel your rental agreement upon 30 days' written
2882	notice and move. Also, upon 30 days' written notice, you may
2883	cancel any extension of the rental agreement.
2884	b.  If your rental agreement was not begun or was not
2885	extended or renewed after May 1, 1980, you may not cancel the
2886	rental agreement without the consent of the developer. If your
2887	rental agreement, including extensions and renewals, has an
2888	unexpired term of 180 days or less, you may, however, upon 30
2889	days' written notice cancel any extension of the rental
2890	agreement.
2891	5.  All notices must be given in writing and sent by mail,
2892	return receipt requested, or delivered in person to the
2893	developer at this address:   (name and address of developer)  .
2894	6.  If you have continuously been a resident of these
2895	apartments during the last 180 days:
2896	a.  You have the right to purchase your apartment and will
2897	have 45 days to decide whether to purchase. If you do not buy
2898	the unit at that price and the unit is later offered at a lower
2899	price, you will have the opportunity to buy the unit at the
2900	lower price. However, in all events your right to purchase the
2901	unit ends when the rental agreement or any extension of the
2902	rental agreement ends or when you waive this right in writing.
2903	b.  Within 90 days you will be provided purchase
2904	information relating to your apartment, including the price of
2905	your unit and the condition of the building. If you do not
2906	receive this information within 90 days, your rental agreement
2907	and any extension will be extended 1 day for each day over 90
2908	days until you are given the purchase information. If you do not
2909	want this rental agreement extension, you must notify the
2910	developer in writing.
2911	7.  If you have any questions regarding this conversion or
2912	the Cooperative Act, you may contact the developer or the state
2913	agency which regulates cooperatives: The Division of Florida
2914	Land Sales, Condominiums, Timeshares, and Mobile Homes,
2915	(Tallahassee address and telephone number of division)  .
2916	Section 50.  Subsection (7) of section 720.301, Florida
2917	Statutes, is amended to read:
2918	720.301  Definitions.--As used in this chapter, the term:
2919	(7)  "Division" means the Division of Florida Land Sales,
2920	Condominiums, Timeshares, and Mobile Homes in the Department of
2921	Business and Professional Regulation.
2922	Section 51.  Subsection (2) of section 720.401, Florida
2923	Statutes, is amended to read:
2924	720.401  Prospective purchasers subject to association
2925	membership requirement; disclosure required; covenants;
2926	assessments; contract cancellation.--
2927	(2)  This section does not apply to any association
2928	regulated under chapter 718, chapter 719, chapter 721, or
2929	chapter 723 or to a subdivider registered under chapter 498; and
2930	also does not apply if disclosure regarding the association is
2931	otherwise made in connection with the requirements of chapter
2932	718, chapter 719, chapter 721, or chapter 723.
2933	Section 52.  Subsection (11) of section 721.05, Florida
2934	Statutes, is amended to read:
2935	721.05  Definitions.--As used in this chapter, the term:
2936	(11)  "Division" means the Division of Florida Land Sales,
2937	Condominiums, Timeshares, and Mobile Homes of the Department of
2938	Business and Professional Regulation.
2939	Section 53.  Paragraph (d) of subsection (2) of section
2940	721.07, Florida Statutes, is amended to read:
2941	721.07  Public offering statement.--Prior to offering any
2942	timeshare plan, the developer must submit a filed public
2943	offering statement to the division for approval as prescribed by
2944	s. 721.03, s. 721.55, or this section. Until the division
2945	approves such filing, any contract regarding the sale of that
2946	timeshare plan is subject to cancellation by the purchaser
2947	pursuant to s. 721.10.
2948	(2)
2949	(d)  A developer shall have the authority to deliver to
2950	purchasers any purchaser public offering statement that is not
2951	yet approved by the division, provided that the following shall
2952	apply:
2953	1.  At the time the developer delivers an unapproved
2954	purchaser public offering statement to a purchaser pursuant to
2955	this paragraph, the developer shall deliver a fully completed
2956	and executed copy of the purchase contract required by s. 721.06
2957	that contains the following statement in conspicuous type in
2958	substantially the following form which shall replace the
2959	statements required by s. 721.06(1)(g):
2960
2961	The developer is delivering to you a public offering statement
2962	that has been filed with but not yet approved by the Division of
2963	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
2964	Any revisions to the unapproved public offering statement you
2965	have received must be delivered to you, but only if the
2966	revisions materially alter or modify the offering in a manner
2967	adverse to you. After the division approves the public offering
2968	statement, you will receive notice of the approval from the
2969	developer and the required revisions, if any.
2970
2971	Your statutory right to cancel this transaction without any
2972	penalty or obligation expires 10 calendar days after the date
2973	you signed your purchase contract or the date on which you
2974	receive the last of all documents required to be given to you
2975	pursuant to section 721.07(6), Florida Statutes, or 10 calendar
2976	days after you receive revisions required to be delivered to
2977	you, if any, whichever is later. If you decide to cancel this
2978	contract, you must notify the seller in writing of your intent
2979	to cancel. Your notice of cancellation shall be effective upon
2980	the date sent and shall be sent to   (Name of Seller)   at
2981	(Address of Seller)  . Any attempt to obtain a waiver of your
2982	cancellation right is void and of no effect. While you may
2983	execute all closing documents in advance, the closing, as
2984	evidenced by delivery of the deed or other document, before
2985	expiration of your 10-day cancellation period, is prohibited.
2986
2987	2.  After receipt of approval from the division and prior
2988	to closing, if any revisions made to the documents contained in
2989	the purchaser public offering statement materially alter or
2990	modify the offering in a manner adverse to a purchaser, the
2991	developer shall send the purchaser such revisions together with
2992	a notice containing a statement in conspicuous type in
2993	substantially the following form:
2994
2995	The unapproved public offering statement previously delivered to
2996	you, together with the enclosed revisions, has been approved by
2997	the Division of Florida Land Sales, Condominiums, Timeshares,
2998	and Mobile Homes. Accordingly, your cancellation right expires
2999	10 calendar days after you sign your purchase contract or 10
3000	calendar days after you receive these revisions, whichever is
3001	later. If you have any questions regarding your cancellation
3002	rights, you may contact the division at [insert division's
3003	current address].
3004
3005	3.  After receipt of approval from the division and prior
3006	to closing, if no revisions have been made to the documents
3007	contained in the unapproved purchaser public offering statement,
3008	or if such revisions do not materially alter or modify the
3009	offering in a manner adverse to a purchaser, the developer shall
3010	send the purchaser a notice containing a statement in
3011	conspicuous type in substantially the following form:
3012
3013	The unapproved public offering statement previously delivered to
3014	you has been approved by the Division of Florida Land Sales,
3015	Condominiums, Timeshares, and Mobile Homes. Revisions made to
3016	the unapproved public offering statement, if any, are either not
3017	required to be delivered to you or are not deemed by the
3018	developer, in its opinion, to materially alter or modify the
3019	offering in a manner that is adverse to you. Accordingly, your
3020	cancellation right expired 10 days after you signed your
3021	purchase contract. A complete copy of the approved public
3022	offering statement is available through the managing entity for
3023	inspection as part of the books and records of the plan. If you
3024	have any questions regarding your cancellation rights, you may
3025	contact the division at [insert division's current address].
3026	Section 54.  Subsection (8) of section 721.08, Florida
3027	Statutes, is amended to read:
3028	721.08  Escrow accounts; nondisturbance instruments;
3029	alternate security arrangements; transfer of legal title.--
3030	(8)  An escrow agent holding escrowed funds pursuant to
3031	this chapter that have not been claimed for a period of 5 years
3032	after the date of deposit shall make at least one reasonable
3033	attempt to deliver such unclaimed funds to the purchaser who
3034	submitted such funds to escrow. In making such attempt, an
3035	escrow agent is entitled to rely on a purchaser's last known
3036	address as set forth in the books and records of the escrow
3037	agent and is not required to conduct any further search for the
3038	purchaser. If an escrow agent's attempt to deliver unclaimed
3039	funds to any purchaser is unsuccessful, the escrow agent may
3040	deliver such unclaimed funds to the division and the division
3041	shall deposit such unclaimed funds in the Division of Florida
3042	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3043	Fund, 30 days after giving notice in a publication of general
3044	circulation in the county in which the timeshare property
3045	containing the purchaser's timeshare interest is located. The
3046	purchaser may claim the same at any time prior to the delivery
3047	of such funds to the division. After delivery of such funds to
3048	the division, the purchaser shall have no more rights to the
3049	unclaimed funds. The escrow agent shall not be liable for any
3050	claims from any party arising out of the escrow agent's delivery
3051	of the unclaimed funds to the division pursuant to this section.
3052	Section 55.  Section 721.26, Florida Statutes, is amended
3053	to read:
3054	721.26  Regulation by division.--The division has the power
3055	to enforce and ensure compliance with the provisions of this
3056	chapter, except for parts III and IV, using the powers provided
3057	in this chapter, as well as the powers prescribed in chapters
3058	498, 718, and 719. In performing its duties, the division shall
3059	have the following powers and duties:
3060	(1)  To aid in the enforcement of this chapter, or any
3061	division rule or order promulgated or issued pursuant to this
3062	chapter, the division may make necessary public or private
3063	investigations within or outside this state to determine whether
3064	any person has violated or is about to violate this chapter, or
3065	any division rule or order promulgated or issued pursuant to
3066	this chapter.
3067	(2)  The division may require or permit any person to file
3068	a written statement under oath or otherwise, as the division
3069	determines, as to the facts and circumstances concerning a
3070	matter under investigation.
3071	(3)  For the purpose of any investigation under this
3072	chapter, the director of the division or any officer or employee
3073	designated by the director may administer oaths or affirmations,
3074	subpoena witnesses and compel their attendance, take evidence,
3075	and require the production of any matter which is relevant to
3076	the investigation, including the identity, existence,
3077	description, nature, custody, condition, and location of any
3078	books, documents, or other tangible things and the identity and
3079	location of persons having knowledge of relevant facts or any
3080	other matter reasonably calculated to lead to the discovery of
3081	material evidence. Failure to obey a subpoena or to answer
3082	questions propounded by the investigating officer and upon
3083	reasonable notice to all persons affected thereby shall be a
3084	violation of this chapter. In addition to the other enforcement
3085	powers authorized in this subsection, the division may, at its
3086	discretion, apply to the circuit court for an order compelling
3087	compliance.
3088	(4)  The division may prepare and disseminate a prospectus
3089	and other information to assist prospective purchasers, sellers,
3090	and managing entities of timeshare plans in assessing the
3091	rights, privileges, and duties pertaining thereto.
3092	(5)  Notwithstanding any remedies available to purchasers,
3093	if the division has reasonable cause to believe that a violation
3094	of this chapter, or of any division rule or order promulgated or
3095	issued pursuant to this chapter, has occurred, the division may
3096	institute enforcement proceedings in its own name against any
3097	regulated party, as such term is defined in this subsection:
3098	(a)1.  "Regulated party," for purposes of this section,
3099	means any developer, exchange company, seller, managing entity,
3100	owners' association, owners' association director, owners'
3101	association officer, manager, management firm, escrow agent,
3102	trustee, any respective assignees or agents, or any other person
3103	having duties or obligations pursuant to this chapter.
3104	2.  Any person who materially participates in any offer or
3105	disposition of any interest in, or the management or operation
3106	of, a timeshare plan in violation of this chapter or relevant
3107	rules involving fraud, deception, false pretenses,
3108	misrepresentation, or false advertising or the disbursement,
3109	concealment, or diversion of any funds or assets, which conduct
3110	adversely affects the interests of a purchaser, and which person
3111	directly or indirectly controls a regulated party or is a
3112	general partner, officer, director, agent, or employee of such
3113	regulated party, shall be jointly and severally liable under
3114	this subsection with such regulated party, unless such person
3115	did not know, and in the exercise of reasonable care could not
3116	have known, of the existence of the facts giving rise to the
3117	violation of this chapter. A right of contribution shall exist
3118	among jointly and severally liable persons pursuant to this
3119	paragraph.
3120	(b)  The division may permit any person whose conduct or
3121	actions may be under investigation to waive formal proceedings
3122	and enter into a consent proceeding whereby an order, rule, or
3123	letter of censure or warning, whether formal or informal, may be
3124	entered against that person.
3125	(c)  The division may issue an order requiring a regulated
3126	party to cease and desist from an unlawful practice under this
3127	chapter and take such affirmative action as in the judgment of
3128	the division will carry out the purposes of this chapter.
3129	(d)1.  The division may bring an action in circuit court
3130	for declaratory or injunctive relief or for other appropriate
3131	relief, including restitution.
3132	2.  The division shall have broad authority and discretion
3133	to petition the circuit court to appoint a receiver with respect
3134	to any managing entity which fails to perform its duties and
3135	obligations under this chapter with respect to the operation of
3136	a timeshare plan. The circumstances giving rise to an
3137	appropriate petition for receivership under this subparagraph
3138	include, but are not limited to:
3139	a.  Damage to or destruction of any of the accommodations
3140	or facilities of a timeshare plan, where the managing entity has
3141	failed to repair or reconstruct same.
3142	b.  A breach of fiduciary duty by the managing entity,
3143	including, but not limited to, undisclosed self-dealing or
3144	failure to timely assess, collect, or disburse the common
3145	expenses of the timeshare plan.
3146	c.  Failure of the managing entity to operate the timeshare
3147	plan in accordance with the timeshare instrument and this
3148	chapter.
3149
3150	If, under the circumstances, it appears that the events giving
3151	rise to the petition for receivership cannot be reasonably and
3152	timely corrected in a cost-effective manner consistent with the
3153	timeshare instrument, the receiver may petition the circuit
3154	court to implement such amendments or revisions to the timeshare
3155	instrument as may be necessary to enable the managing entity to
3156	resume effective operation of the timeshare plan, or to enter an
3157	order terminating the timeshare plan, or to enter such further
3158	orders regarding the disposition of the timeshare property as
3159	the court deems appropriate, including the disposition and sale
3160	of the timeshare property held by the owners' association or the
3161	purchasers. In the event of a receiver's sale, all rights,
3162	title, and interest held by the owners' association or any
3163	purchaser shall be extinguished and title shall vest in the
3164	buyer. This provision applies to timeshare estates, personal
3165	property timeshare interests, and timeshare licenses. All
3166	reasonable costs and fees of the receiver relating to the
3167	receivership shall become common expenses of the timeshare plan
3168	upon order of the court.
3169	3.  The division may revoke its approval of any filing for
3170	any timeshare plan for which a petition for receivership has
3171	been filed pursuant to this paragraph.
3172	(e)1.  The division may impose a penalty against any
3173	regulated party for a violation of this chapter or any rule
3174	adopted thereunder. A penalty may be imposed on the basis of
3175	each day of continuing violation, but in no event may the
3176	penalty for any offense exceed $10,000. All accounts collected
3177	shall be deposited with the Chief Financial Officer to the
3178	credit of the Division of Florida Land Sales, Condominiums,
3179	Timeshares, and Mobile Homes Trust Fund.
3180	2.a.  If a regulated party fails to pay a penalty, the
3181	division shall thereupon issue an order directing that such
3182	regulated party cease and desist from further operation until
3183	such time as the penalty is paid; or the division may pursue
3184	enforcement of the penalty in a court of competent jurisdiction.
3185	b.  If an owners' association or managing entity fails to
3186	pay a civil penalty, the division may pursue enforcement in a
3187	court of competent jurisdiction.
3188	(f)  In order to permit the regulated party an opportunity
3189	either to appeal such decision administratively or to seek
3190	relief in a court of competent jurisdiction, the order imposing
3191	the penalty or the cease and desist order shall not become
3192	effective until 20 days after the date of such order.
3193	(g)  Any action commenced by the division shall be brought
3194	in the county in which the division has its executive offices or
3195	in the county where the violation occurred.
3196	(h)  Notice to any regulated party shall be complete when
3197	delivered by United States mail, return receipt requested, to
3198	the party's address currently on file with the division or to
3199	such other address at which the division is able to locate the
3200	party. Every regulated party has an affirmative duty to notify
3201	the division of any change of address at least 5 business days
3202	prior to such change.
3203	(6)  The division has authority to adopt rules pursuant to
3204	ss. 120.536(1) and 120.54 to implement and enforce the
3205	provisions of this chapter.
3206	(7)(a)  The use of any unfair or deceptive act or practice
3207	by any person in connection with the sales or other operations
3208	of an exchange program or timeshare plan is a violation of this
3209	chapter.
3210	(b)  Any violation of the Florida Deceptive and Unfair
3211	Trade Practices Act, ss. 501.201 et seq., relating to the
3212	creation, promotion, sale, operation, or management of any
3213	timeshare plan shall also be a violation of this chapter.
3214	(c)  The division is authorized to institute proceedings
3215	against any such person and take any appropriate action
3216	authorized in this section in connection therewith,
3217	notwithstanding any remedies available to purchasers.
3218	(8)  The failure of any person to comply with any order of
3219	the division is a violation of this chapter.
3220	Section 56.  Section 721.28, Florida Statutes, is amended
3221	to read:
3222	721.28  Division of Florida Land Sales, Condominiums,
3223	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
3224	the division and any amounts paid as fees or penalties under
3225	this chapter shall be deposited in the State Treasury to the
3226	credit of the Division of Florida Land Sales, Condominiums,
3227	Timeshares, and Mobile Homes Trust Fund created by s. 718.509
3228	498.019.
3229	Section 57.  Paragraph (c) of subsection (1) of section
3230	721.301, Florida Statutes, is amended to read:
3231	721.301  Florida Timesharing, Vacation Club, and
3232	Hospitality Program.--
3233	(1)
3234	(c)  The director may designate funds from the Division of
3235	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
3236	Trust Fund, not to exceed $50,000 annually, to support the
3237	projects and proposals undertaken pursuant to paragraph (b). All
3238	state trust funds to be expended pursuant to this section must
3239	be matched equally with private moneys and shall comprise no
3240	more than half of the total moneys expended annually.
3241	Section 58.  Section 721.50, Florida Statutes, is amended
3242	to read:
3243	721.50  Short title.--This part may be cited as the
3244	"McAllister Act" in recognition and appreciation for the years
3245	of extraordinary and insightful contributions by Mr. Bryan C.
3246	McAllister, Examinations Supervisor, of the former Division of
3247	Florida Land Sales, Condominiums, and Mobile Homes.
3248	Section 59.  Subsection (1) of section 723.003, Florida
3249	Statutes, is amended to read:
3250	723.003  Definitions.--As used in this chapter, the
3251	following words and terms have the following meanings unless
3252	clearly indicated otherwise:
3253	(1)  The term "division" means the Division of Florida Land
3254	Sales, Condominiums, Timeshares, and Mobile Homes of the
3255	Department of Business and Professional Regulation.
3256	Section 60.  Paragraph (e) of subsection (5) of section
3257	723.006, Florida Statutes, is amended to read:
3258	723.006  Powers and duties of division.--In performing its
3259	duties, the division has the following powers and duties:
3260	(5)  Notwithstanding any remedies available to mobile home
3261	owners, mobile home park owners, and homeowners' associations,
3262	if the division has reasonable cause to believe that a violation
3263	of any provision of this chapter or any rule promulgated
3264	pursuant hereto has occurred, the division may institute
3265	enforcement proceedings in its own name against a developer,
3266	mobile home park owner, or homeowners' association, or its
3267	assignee or agent, as follows:
3268	(e)1.  The division may impose a civil penalty against a
3269	mobile home park owner or homeowners' association, or its
3270	assignee or agent, for any violation of this chapter, a properly
3271	promulgated park rule or regulation, or a rule or regulation
3272	promulgated pursuant hereto. A penalty may be imposed on the
3273	basis of each separate violation and, if the violation is a
3274	continuing one, for each day of continuing violation, but in no
3275	event may the penalty for each separate violation or for each
3276	day of continuing violation exceed $5,000. All amounts collected
3277	shall be deposited with the Chief Financial Officer to the
3278	credit of the Division of Florida Land Sales, Condominiums,
3279	Timeshares, and Mobile Homes Trust Fund.
3280	2.  If a violator fails to pay the civil penalty, the
3281	division shall thereupon issue an order directing that such
3282	violator cease and desist from further violation until such time
3283	as the civil penalty is paid or may pursue enforcement of the
3284	penalty in a court of competent jurisdiction. If a homeowners'
3285	association fails to pay the civil penalty, the division shall
3286	thereupon pursue enforcement in a court of competent
3287	jurisdiction, and the order imposing the civil penalty or the
3288	cease and desist order shall not become effective until 20 days
3289	after the date of such order. Any action commenced by the
3290	division shall be brought in the county in which the division
3291	has its executive offices or in which the violation occurred.
3292	Section 61.  Section 723.009, Florida Statutes, is amended
3293	to read:
3294	723.009  Division of Florida Land Sales, Condominiums,
3295	Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
3296	fees, penalties, and fines imposed pursuant to this chapter
3297	shall be deposited into the Division of Florida Land Sales,
3298	Condominiums, Timeshares, and Mobile Homes Trust Fund created by
3299	s. 718.509 498.019. Moneys in this fund, as appropriated by the
3300	Legislature pursuant to chapter 216, may be used to defray the
3301	expenses incurred by the division in administering the
3302	provisions of this chapter.
3303	Section 62.  Paragraph (e) is added to subsection (1) of
3304	section 723.011, Florida Statutes, to read:
3305	723.011  Disclosure prior to rental of a mobile home lot;
3306	prospectus, filing, approval.--
3307	(1)
3308	(e)  Filings of amendments to prospectus disclosure
3309	documents shall be accompanied by a filing fee of $100.
3310	Section 63.  Paragraph (c) of subsection (2) of section
3311	723.0611, Florida Statutes, is amended to read:
3312	723.0611  Florida Mobile Home Relocation Corporation.--
3313	(2)
3314	(c)  The corporation shall, for purposes of s. 768.28, be
3315	considered an agency of the state. Agents or employees of the
3316	corporation, members of the board of directors of the
3317	corporation, or representatives of the Division of Florida Land
3318	Sales, Condominiums, Timeshares, and Mobile Homes shall be
3319	considered officers, employees, or agents of the state, and
3320	actions against them and the corporation shall be governed by s.
3321	768.28.
3322	Section 64.  This act shall take effect July 1, 2008.

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