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

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