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

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