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. 718.111, F.S.;
4	requiring that hazard insurance be based upon the
5	replacement cost of the property to be insured as
6	determined by an independent insurance appraisal or update
7	of a prior appraisal; requiring that the full insurable
8	value be determined at specified intervals; providing a
9	means by which an association may provide adequate hazard
10	insurance; authorizing an association to consider certain
11	information when determining coverage amounts; providing
12	for coverage by developer-controlled associations;
13	providing that policies may include deductibles as
14	determined by the association's board of directors;
15	providing requirements and guidelines for the
16	establishment of such deductibles; requiring that the
17	amounts of deductibles be set at a meeting of the board;
18	providing requirements for such meeting; requiring that an
19	association controlled by unit owners operating as a
20	residential condominium use its best efforts to obtain and
21	maintain adequate insurance to protect the association and
22	property under its supervision or control; providing that
23	a declaration of condominium may provide that condominium
24	property consisting of freestanding buildings comprised of
25	no more than one building in or on such unit need not be
26	insured by the association if the declaration requires the
27	unit owner to obtain adequate insurance for the
28	condominium property; authorizing an association to obtain
29	and maintain liability insurance for directors and
30	officers, insurance for the benefit of association
31	employees, and flood insurance for common elements,
32	association property, and units; requiring that every
33	hazard insurance policy issued or renewed on or after a
34	specified date for the purpose of protecting the
35	condominium provide certain coverage; requiring that such
36	policies contain certain provisions; providing that such
37	policies issued to individual unit owners do not provide
38	rights of subrogation against the condominium association;
39	providing for the insurance of improvements or additions
40	benefiting fewer than all unit owners; requiring that an
41	association require each owner to provide evidence of a
42	current policy of hazard and liability insurance upon
43	request; limiting the frequency with which an association
44	may make such a request; authorizing an association to
45	purchase coverage on behalf of an owner under certain
46	circumstances; providing for the collection of the costs
47	of such a policy; providing responsibilities of the unit
48	owner and association with regard to reconstruction work
49	and associated costs after a casualty loss; authorizing a
50	multicondominium association to operate such condominiums
51	as a single condominium for certain purposes by majority
52	vote of the members of all applicable condominiums;
53	providing that such election constitutes an amendment to
54	the declaration of all applicable condominiums; requiring
55	that an association maintain insurance or fidelity bonding
56	for all persons who control or disburse association funds;
57	requiring that such insurance policy or fidelity bond
58	cover the maximum funds in the custody of the association
59	or its management agent at any one time; defining the term
60	"persons who control or disburse funds of the
61	association"; authorizing an association to amend the
62	declaration of condominium without regard to any
63	requirement for approval by mortgagees of amendments
64	affecting insurance requirements for the purpose of
65	conforming the declaration of condominium to certain
66	coverage requirements; providing that any portion of the
67	condominium property required to be insured by the
68	association against casualty loss which is damaged be
69	reconstructed, repaired, or replaced as necessary by the
70	association as a common expense; providing that all hazard
71	insurance deductibles, uninsured losses, and other damages
72	in excess of hazard insurance coverage under the hazard
73	insurance policies maintained by the association are a
74	common expense of the condominium; providing exceptions;
75	allocating responsibility for certain costs of repair or
76	reconstruction; authorizing an association to opt out of
77	certain requirements related to such allocation of
78	responsibility by majority vote; providing a procedure by
79	which a multicondominium association that has not
80	consolidated its financial operations may opt out of such
81	allocation of responsibility; requiring that a decision to
82	opt out be recorded; providing that such decision takes
83	effect on the date on which it is recorded; authorizing
84	the reversal of such decision; providing a procedure for
85	reversal; providing that an association is not obligated
86	to pay for any reconstruction or repair expenses for
87	improvements made by an owner or the development if an
88	improvement benefits only the unit for which it was
89	installed; amending s. 718.115, F.S.; requiring that
90	certain expenses be designated as common expenses;
91	amending s. 718.116, F.S.; authorizing the designee of a
92	unit owner or mortgagee to request a certificate of
93	assessment; requiring that the fee for preparation of such
94	certificate be stated on the certificate; providing for
95	the establishment of such fees; providing for payment of
96	the fee; requiring that the fee be refunded if a planned
97	sale or mortgage does not occur; providing that any such
98	refund is the obligation of the unit owner and is
99	collectable in the same manner as an assessment; amending
100	s. 718.117, F.S.; prohibiting the distribution of proceeds
101	from the sale of a condominium unit to a lienholder from
102	exceeding a unit owner's share of the proceeds; creating
103	s. 720.30851, F.S.; requiring that the association provide
104	a certificate signed by an officer or agent of the
105	association stating all assessments and other moneys owed
106	to the association by the parcel owner or mortgagee with
107	respect to the parcel within a specified period after the
108	association's receipt of a request for an estoppel
109	certificate by an owner or mortgagee; providing that any
110	person other than a parcel owner who relies upon a
111	certificate receives the benefits and protection thereof;
112	providing that a summary proceeding may be brought to
113	compel the association to comply with the requirement to
114	provide a certificate; providing that the prevailing party
115	is entitled to recover reasonable attorney's fees;
116	requiring that the fee for preparation of such certificate
117	be stated on the certificate; providing for the
118	establishment of such fees; providing for payment of the
119	fee; requiring that the fee be refunded if a planned sale
120	or mortgage does not occur; providing that any such refund
121	is the obligation of the parcel owner and is collectable
122	in the same manner as an assessment; amending s. 489.1425,
123	F.S.; providing an exemption from the written notice
124	requirement; amending s. 20.165, F.S.; changing the name
125	of the Division of Florida Land Sales, Condominiums, and
126	Mobile Homes to the Division of Florida Condominiums,
127	Timeshares, and Mobile Homes and the Division of
128	Technology, Licensure, and Testing to the Division of
129	Technology; amending s. 215.20, F.S.; conforming the name
130	of the division's trust fund to correspond to the name
131	change of the division; amending s. 450.33, F.S.; removing
132	the requirement for a farm labor contractor to file a set
133	of fingerprints with the department; amending s. 455.203,
134	F.S.; authorizing the department to close and terminate
135	deficient license applications and to approve professional
136	license applications meeting certain criteria; amending s.
137	455.217, F.S.; conforming terminology to changes made by
138	the act; amending s. 455.2273, F.S.; authorizing the
139	section to apply to disciplinary guidelines adopted by all
140	boards and divisions; amending s. 468.841, F.S.;
141	clarifying exemption provisions for license provisions
142	governing mold-related services; amending s. 475.17, F.S.;
143	revising requirements for licensure as a real estate
144	broker; amending s. 475.451, F.S.; deleting requirements
145	relating to the submission of certain real estate course
146	rosters to the department; amending s. 477.019, F.S.,
147	relating to cosmetologists; allowing a student to apply
148	for licensure examination prior to graduation and to
149	practice prior to licensure; amending s. 489.105, F.S.;
150	clarifying that individuals and business entities that
151	sell manufactured and factory-built buildings can legally
152	enter into contracts for those sales; amending s. 489.511,
153	F.S.; revising requirements for taking the electrical or
154	alarm system contractor certification examination;
155	providing requirements for certification; amending s.
156	489.515, F.S.; revising requirements for certification as
157	a certified contractor by the Electrical Contractors'
158	Licensing Board to reflect changes made to s. 489.511,
159	F.S., by this act; renumbering s. 498.009, F.S., relating
160	to the location of the division's offices; amending and
161	renumbering s. 498.011, F.S., relating to payment of per
162	diem, mileage, and other expenses for division employees;
163	providing for reimbursement of expenses for on-site
164	review; deleting the expense reimbursement for inspection
165	of subdivided lands; renumbering s. 498.013, F.S.,
166	relating to the authentication of records; amending and
167	renumbering s. 498.057, F.S., relating to service of
168	process; deleting provision that service may be made by
169	delivering a copy of the process to the division director;
170	providing that the division can be the petitioner or the
171	plaintiff; repealing ss. 498.001, 498.003, 498.005,
172	498.007, 498.017, 498.021, 498.022, 498.023, 498.024,
173	498.025, 498.027, 498.028, 498.029, 498.031, 498.033,
174	498.035, 498.037, 498.039, 498.041, 498.047, 498.049,
175	498.051, 498.053, 498.059, 498.061, and 498.063, F.S.,
176	relating to regulation of land sales practices; amending
177	s. 548.0065, F.S.; including amateur mixed martial arts in
178	a provision relating to the authority of the Florida State
179	Boxing Commission to suspend amateur matches for violation
180	of certain health and safety standards; amending s.
181	548.008, F.S.; removing prohibition against holding
182	amateur mixed martial arts matches in this state; amending
183	s. 548.041, F.S.; providing additional licensure
184	requirements for boxing participants; amending s. 718.501,
185	F.S.; providing additional powers and duties of the
186	division; providing for additional enforcement proceedings
187	for carrying out the purposes of ch. 718, F.S.; deleting
188	the payment of money by a developer to a condominium
189	association as a permissible affirmative action; providing
190	for actions of conservator or receiver; providing for
191	application to circuit court for an order of restitution;
192	providing for imposition of civil penalties and award of
193	court costs, attorney's fees, and costs of investigation
194	under certain circumstances; providing for contracting for
195	investigative services; providing for acceptance of
196	grants-in-aid; requiring the cooperation with similar
197	agencies on establishment of certain procedures,
198	standards, and forms; providing what constitutes
199	completeness of notice; authorizing the division to issue
200	a notice to show cause; providing conforming changes;
201	amending s. 718.509, F.S., and transferring, renumbering,
202	and amending s. 498.019, F.S.; consolidating and revising
203	provisions relating to the creation, purposes, and sources
204	of funds of the Division of Florida Condominiums,
205	Timeshares, and Mobile Homes Trust Fund; revising
206	provisions to conform to the change in division name;
207	providing for the deposit of moneys resulting from an
208	administrative final order; amending s. 721.03, F.S.;
209	clarifying that timeshare plan includes a nonspecific
210	multisite timeshare plan; amending ss. 73.073, 190.009,
211	192.037, 213.053, 326.002, 326.006, 380.05, 380.06,
212	380.0651, 381.0065, 455.116, 475.455, 494.008, 509.512,
213	517.301, 559.935, 718.103, 718.105, 718.1255, 718.5011,
214	718.502, 718.504, 718.508, 718.608, 719.103, 719.1255,
215	719.501, 719.502, 719.504, 719.508, 719.608, 720.301,
216	720.401, 721.05, 721.07, 721.08, 721.26, 721.28, 721.301,
217	721.50, 723.003, 723.006, 723.009, and 723.0611, F.S., to
218	conform; providing effective dates.
219
220	Be It Enacted by the Legislature of the State of Florida:
221
222	Section 1.  Subsection (11) of section 718.111, Florida
223	Statutes, is amended to read:
224	718.111  The association.--
225	(11)  INSURANCE.--In order to protect the safety, health,
226	and welfare of the people of the State of Florida and to ensure
227	consistency in the provision of insurance coverage to
228	condominiums and their unit owners, this subsection applies
229	paragraphs (a), (b), and (c) are deemed to apply to every
230	residential condominium in the state, regardless of the date of
231	its declaration of condominium. It is the intent of the
232	Legislature to encourage lower or stable insurance premiums for
233	associations described in this subsection section.
234	(a)  Adequate hazard insurance, regardless of any
235	requirement in the declaration of condominium for coverage by
236	the association for full insurable value, replacement cost, or
237	similar coverage, shall be based upon the replacement cost of
238	the property to be insured as determined by an independent
239	insurance appraisal or update of a prior appraisal. The full
240	insurable value shall be determined at least once every 36
241	months.
242	1.  An association or group of associations may provide
243	adequate hazard insurance through a self-insurance fund that
244	complies with the requirements of ss. 624.460-624.488.
245	2.  The association may also provide adequate hazard
246	insurance coverage for a group of no fewer than three
247	communities created and operating under this chapter, chapter
248	719, chapter 720, or chapter 721 by obtaining and maintaining
249	for such communities insurance coverage sufficient to cover an
250	amount equal to the probable maximum loss for the communities
251	for a 250-year windstorm event. Such probable maximum loss must
252	be determined through the use of a competent model that has been
253	accepted by the Florida Commission on Hurricane Loss Projection
254	Methodology. No policy or program providing such coverage shall
255	be issued or renewed after July 1, 2008, unless it has been
256	reviewed and approved by the Office of Insurance Regulation.
257	The review and approval shall include approval of the policy
258	and related forms pursuant to ss. 627.410 and 627.411, approval
259	of the rates pursuant to s. 627.062, a determination that the
260	loss model approved by the Commission was accurately and
261	appropriately applied to the insured structures to determine the
262	250-year probable maximum loss, and a determination that
263	complete and  accurate disclosure of all material provisions is
264	provided to condominium unit owners prior to execution of the
265	agreement by a condominium association.
266	3.  When determining the adequate amount of hazard
267	insurance coverage, the association may consider deductibles as
268	determined by this subsection.
269	(b)  If an association is a developer-controlled
270	association, the association shall exercise its best efforts to
271	obtain and maintain insurance as described in paragraph (a).
272	Failure to obtain and maintain adequate hazard insurance during
273	any period of developer control constitutes a breach of
274	fiduciary responsibility by the developer-appointed members of
275	the board of directors of the association, unless the members
276	can show that despite such failure, they have made their best
277	efforts to maintain the required coverage.
278	(c)  Policies may include deductibles as determined by the
279	board.
280	1.  The deductibles shall be consistent with industry
281	standards and prevailing practice for communities of similar
282	size and age, and having similar construction and facilities in
283	the locale where the condominium property is situated.
284	2.  The deductibles may be based upon available funds,
285	including reserve accounts, or predetermined assessment
286	authority at the time the insurance is obtained.
287	3.  The board shall establish the amount of deductibles
288	based upon the level of available funds and predetermined
289	assessment authority at a meeting of the board. Such meeting
290	shall be open to all unit owners in the manner set forth in s.
291	718.112(2)(e). The notice of such meeting must state the
292	proposed deductible and the available funds and the assessment
293	authority relied upon by the board and estimate any potential
294	assessment amount against each unit, if any. The meeting
295	described in this paragraph may be held in conjunction with a
296	meeting to consider the proposed budget or an amendment thereto.
297	(d)  An association controlled by unit owners operating as
298	a residential condominium shall use its best efforts to obtain
299	and maintain adequate insurance to protect the association, the
300	association property, the common elements, and the condominium
301	property that is required to be insured by the association
302	pursuant to this subsection.
303	(e)  The declaration of condominium as originally recorded,
304	or as amended pursuant to procedures provided therein, may
305	provide that condominium property consisting of freestanding
306	buildings comprised of no more than one building in or on such
307	unit need not be insured by the association if the declaration
308	requires the unit owner to obtain adequate insurance for the
309	condominium property. An association may also obtain and
310	maintain liability insurance for directors and officers,
311	insurance for the benefit of association employees, and flood
312	insurance for common elements, association property, and units.
313	(f)  Every hazard insurance policy issued or renewed on or
314	after January 1, 2009, for the purpose of protecting the
315	condominium shall provide primary coverage for:
316	1.  All portions of the condominium property as originally
317	installed or replacement of like kind and quality, in accordance
318	with the original plans and specifications.
319	2.  All alterations or additions made to the condominium
320	property or association property pursuant to s. 718.113(2).
321	3.  The coverage shall exclude all personal property within
322	the unit or limited common elements, and floor, wall, and
323	ceiling coverings, electrical fixtures, appliances, water
324	heaters, water filters, built-in cabinets and countertops, and
325	window treatments, including curtains, drapes, blinds, hardware,
326	and similar window treatment components, or replacements of any
327	of the foregoing.
328	(g)  Every hazard insurance policy issued or renewed on or
329	after January 1, 2009, to an individual unit owner must contain
330	a provision stating that the coverage afforded by such policy is
331	excess coverage over the amount recoverable under any other
332	policy covering the same property. Such policies must include
333	special assessment coverage of no less than $2,000 per
334	occurrence. An insurance policy issued to an individual unit
335	owner providing such coverage does not provide rights of
336	subrogation against the condominium association operating the
337	condominium in which such individual's unit is located.
338	1.  All improvements or additions to the condominium
339	property that benefit fewer than all unit owners shall be
340	insured by the unit owner or owners having the use thereof, or
341	may be insured by the association at the cost and expense of the
342	unit owners having the use thereof.
343	2.  The association shall require each owner to provide
344	evidence of a currently effective policy of hazard and liability
345	insurance upon request, but not more than once per year. Upon
346	the failure of an owner to provide a certificate of insurance
347	issued by an insurer approved to write such insurance in this
348	state within 30 days after the date on which a written request
349	is delivered, the association may purchase a policy of insurance
350	on behalf of an owner. The cost of such a policy, together with
351	reconstruction costs undertaken by the association but which are
352	the responsibility of the unit owner, may be collected in the
353	manner provided for the collection of assessments in s. 718.116.
354	3.  All reconstruction work after a casualty loss shall be
355	undertaken by the association except as otherwise authorized in
356	this section. A unit owner may undertake reconstruction work on
357	portions of the unit with the prior written consent of the board
358	of administration. However, such work may be conditioned upon
359	the approval of the repair methods, the qualifications of the
360	proposed contractor, or the contract that is used for that
361	purpose. A unit owner shall obtain all required governmental
362	permits and approvals prior to commencing reconstruction.
363	4.  Unit owners are responsible for the cost of
364	reconstruction of any portions of the condominium property for
365	which the unit owner is required to carry casualty insurance,
366	and any such reconstruction work undertaken by the association
367	shall be chargeable to the unit owner and enforceable as an
368	assessment pursuant to s. 718.116. The association must be an
369	additional named insured and loss payee on all casualty
370	insurance policies issued to unit owners in the condominium
371	operated by the association.
372	5.  A multicondominium association may elect, by a majority
373	vote of the collective members of the condominiums operated by
374	the association, to operate such condominiums as a single
375	condominium for purposes of insurance matters, including, but
376	not limited to, the purchase of the hazard insurance required by
377	this section and the apportionment of deductibles and damages in
378	excess of coverage. The election to aggregate the treatment of
379	insurance premiums, deductibles, and excess damages constitutes
380	an amendment to the declaration of all condominiums operated by
381	the association, and the costs of insurance shall be stated in
382	the association budget. The amendments shall be recorded as
383	required by s. 718.110.
384	(h)  The association shall maintain insurance or fidelity
385	bonding of all persons who control or disburse funds of the
386	association. The insurance policy or fidelity bond must cover
387	the maximum funds that will be in the custody of the association
388	or its management agent at any one time. As used in this
389	paragraph, the term "persons who control or disburse funds of
390	the association" includes, but is not limited to, those
391	individuals authorized to sign checks on behalf of the
392	association, and the president, secretary, and treasurer of the
393	association. The association shall bear the cost of any such
394	bonding.
395	(i)  The association may amend the declaration of
396	condominium without regard to any requirement for approval by
397	mortgagees of amendments affecting insurance requirements for
398	the purpose of conforming the declaration of condominium to the
399	coverage requirements of this subsection.
400	(j)  Any portion of the condominium property required to be
401	insured by the association against casualty loss pursuant to
402	paragraph (f) which is damaged by casualty shall be
403	reconstructed, repaired, or replaced as necessary by the
404	association as a common expense. All hazard insurance
405	deductibles, uninsured losses, and other damages in excess of
406	hazard insurance coverage under the hazard insurance policies
407	maintained by the association are a common expense of the
408	condominium, except that:
409	1.  A unit owner is responsible for the costs of repair or
410	replacement of any portion of the condominium property not paid
411	by insurance proceeds, if such damage is caused by intentional
412	conduct, negligence, or failure to comply with the terms of the
413	declaration or the rules of the association by a unit owner, the
414	members of his or her family, unit occupants, tenants, guests,
415	or invitees, without compromise of the subrogation rights of any
416	insurer as set forth in paragraph (g).
417	2.  The provisions of subparagraph 1. regarding the
418	financial responsibility of a unit owner for the costs of
419	repairing or replacing other portions of the condominium
420	property also applies to the costs of repair or replacement of
421	personal property of other unit owners or the association, as
422	well as other property, whether real or personal, which the unit
423	owners are required to insure under paragraph (g).
424	3.  To the extent the cost of repair or reconstruction for
425	which the unit owner is responsible under this paragraph is
426	reimbursed to the association by insurance proceeds, and, to the
427	extent the association has collected the cost of such repair or
428	reconstruction from the unit owner, the association shall
429	reimburse the unit owner without the waiver of any rights of
430	subrogation.
431	4.  The association is not obligated to pay for repair or
432	reconstruction or repairs of casualty losses as a common expense
433	if the casualty losses were known or should have been known to a
434	unit owner and were not reported to the association until after
435	the insurance claim of the association for that casualty was
436	settled or resolved with finality, or denied on the basis that
437	it was untimely filed.
438	(k)  An association may, upon the approval of a majority of
439	the total voting interests in the association, opt out of the
440	provisions of paragraph (j) for the allocation of repair or
441	reconstruction expenses and allocate repair or reconstruction
442	expenses in the manner provided in the declaration as originally
443	recorded or as amended. Such vote may be approved by the voting
444	interests of the association without regard to any mortgagee
445	consent requirements.
446	(l)  In a multicondominium association that has not
447	consolidated its financial operations under s. 718.111(6), any
448	condominium operated by the association may opt out of the
449	provisions of paragraph (j) with the approval of a majority of
450	the total voting interests in that condominium. Such vote may be
451	approved by the voting interests without regard to any mortgagee
452	consent requirements.
453	(m)  Any association or condominium voting to opt out of
454	the guidelines for repair or reconstruction expenses as
455	described in paragraph (j) must record a notice setting forth
456	the date of the opt-out vote and the page of the official
457	records book on which the declaration is recorded. The decision
458	to opt out is effective upon the date of recording of the notice
459	in the public records by the association. An association that
460	has voted to opt out of paragraph (j) may reverse that decision
461	by the same vote required in paragraphs (k) and (l), and notice
462	thereof shall be recorded in the official records.
463	(n)  The association is not obligated to pay for any
464	reconstruction or repair expenses due to casualty loss to any
465	improvements installed by a current or former owner of the unit
466	or by the developer if the improvement benefits only the unit
467	for which it was installed and is not part of the standard
468	improvements installed by the developer on all units as part of
469	original construction, whether or not such improvement is
470	located within the unit. This paragraph does not relieve any
471	party of its obligations regarding recovery due under any
472	insurance implemented specifically for any such improvements.
473	(o)  The provisions of this subsection shall not apply to
474	timeshare condominium associations.  Insurance for timeshare
475	condominium associations shall be maintained pursuant to s.
476	721.165. Therefore, the Legislature requires a report to be
477	prepared by the Office of Insurance Regulation of the Department
478	of Financial Services for publication 18 months from the
479	effective date of this act, evaluating premium increases or
480	decreases for associations, unit owner premium increases or
481	decreases, recommended changes to better define common areas, or
482	any other information the Office of Insurance Regulation deems
483	appropriate.
484	(a)  A unit-owner controlled association operating a
485	residential condominium shall use its best efforts to obtain and
486	maintain adequate insurance to protect the association, the
487	association property, the common elements, and the condominium
488	property required to be insured by the association pursuant to
489	paragraph (b). If the association is developer controlled, the
490	association shall exercise due diligence to obtain and maintain
491	such insurance. Failure to obtain and maintain adequate
492	insurance during any period of developer control shall
493	constitute a breach of fiduciary responsibility by the
494	developer-appointed members of the board of directors of the
495	association, unless said members can show that despite such
496	failure, they have exercised due diligence. The declaration of
497	condominium as originally recorded, or amended pursuant to
498	procedures provided therein, may require that condominium
499	property consisting of freestanding buildings where there is no
500	more than one building in or on such unit need not be insured by
501	the association if the declaration requires the unit owner to
502	obtain adequate insurance for the condominium property. An
503	association may also obtain and maintain liability insurance for
504	directors and officers, insurance for the benefit of association
505	employees, and flood insurance for common elements, association
506	property, and units. Adequate insurance, regardless of any
507	requirement in the declaration of condominium for coverage by
508	the association for "full insurable value," "replacement cost,"
509	or the like, may include reasonable deductibles as determined by
510	the board based upon available funds or predetermined assessment
511	authority at the time that the insurance is obtained.
512	1.  Windstorm insurance coverage for a group of no fewer
513	than three communities created and operating under this chapter,
514	chapter 719, chapter 720, or chapter 721 may be obtained and
515	maintained for the communities if the insurance coverage is
516	sufficient to cover an amount equal to the probable maximum loss
517	for the communities for a 250-year windstorm event. Such
518	probable maximum loss must be determined through the use of a
519	competent model that has been accepted by the Florida Commission
520	on Hurricane Loss Projection Methodology. Such insurance
521	coverage is deemed adequate windstorm insurance for the purposes
522	of this section.
523	2.  An association or group of associations may self-insure
524	against claims against the association, the association
525	property, and the condominium property required to be insured by
526	an association, upon compliance with the applicable provisions
527	of ss. 624.460-624.488, which shall be considered adequate
528	insurance for the purposes of this section. A copy of each
529	policy of insurance in effect shall be made available for
530	inspection by unit owners at reasonable times.
531	(b)  Every hazard insurance policy issued or renewed on or
532	after January 1, 2004, to protect the condominium shall provide
533	primary coverage for:
534	1.  All portions of the condominium property located
535	outside the units;
536	2.  The condominium property located inside the units as
537	such property was initially installed, or replacements thereof
538	of like kind and quality and in accordance with the original
539	plans and specifications or, if the original plans and
540	specifications are not available, as they existed at the time
541	the unit was initially conveyed; and
542	3.  All portions of the condominium property for which the
543	declaration of condominium requires coverage by the association.
544
545	Anything to the contrary notwithstanding, the terms "condominium
546	property," "building," "improvements," "insurable improvements,"
547	"common elements," "association property," or any other term
548	found in the declaration of condominium which defines the scope
549	of property or casualty insurance that a condominium association
550	must obtain shall exclude all floor, wall, and ceiling
551	coverings, electrical fixtures, appliances, air conditioner or
552	heating equipment, water heaters, water filters, built-in
553	cabinets and countertops, and window treatments, including
554	curtains, drapes, blinds, hardware, and similar window treatment
555	components, or replacements of any of the foregoing which are
556	located within the boundaries of a unit and serve only one unit
557	and all air conditioning compressors that service only an
558	individual unit, whether or not located within the unit
559	boundaries. The foregoing is intended to establish the property
560	or casualty insuring responsibilities of the association and
561	those of the individual unit owner and do not serve to broaden
562	or extend the perils of coverage afforded by any insurance
563	contract provided to the individual unit owner. Beginning
564	January 1, 2004, the association shall have the authority to
565	amend the declaration of condominium, without regard to any
566	requirement for mortgagee approval of amendments affecting
567	insurance requirements, to conform the declaration of
568	condominium to the coverage requirements of this section.
569	(c)  Every hazard insurance policy issued or renewed on or
570	after January 1, 2004, to an individual unit owner shall provide
571	that the coverage afforded by such policy is excess over the
572	amount recoverable under any other policy covering the same
573	property. Each insurance policy issued to an individual unit
574	owner providing such coverage shall be without rights of
575	subrogation against the condominium association that operates
576	the condominium in which such unit owner's unit is located. All
577	real or personal property located within the boundaries of the
578	unit owner's unit which is excluded from the coverage to be
579	provided by the association as set forth in paragraph (b) shall
580	be insured by the individual unit owner.
581	(d)  The association shall obtain and maintain adequate
582	insurance or fidelity bonding of all persons who control or
583	disburse funds of the association. The insurance policy or
584	fidelity bond must cover the maximum funds that will be in the
585	custody of the association or its management agent at any one
586	time. As used in this paragraph, the term "persons who control
587	or disburse funds of the association" includes, but is not
588	limited to, those individuals authorized to sign checks and the
589	president, secretary, and treasurer of the association. The
590	association shall bear the cost of bonding.
591	Section 2.  Paragraph (a) of subsection (1) of section
592	718.115, Florida Statutes, is amended to read:
593	718.115  Common expenses and common surplus.--
594	(1)(a)  Common expenses include the expenses of the
595	operation, maintenance, repair, replacement, or protection of
596	the common elements and association property, costs of carrying
597	out the powers and duties of the association, and any other
598	expense, whether or not included in the foregoing, designated as
599	common expense by this chapter, the declaration, the documents
600	creating the association, or the bylaws. Common expenses also
601	include reasonable transportation services, insurance for
602	directors and officers, road maintenance and operation expenses,
603	in-house communications, and security services, which are
604	reasonably related to the general benefit of the unit owners
605	even if such expenses do not attach to the common elements or
606	property of the condominium. However, such common expenses must
607	either have been services or items provided on or after the date
608	control of the association is transferred from the developer to
609	the unit owners or must be services or items provided for in the
610	condominium documents or bylaws. Unless the manner of payment or
611	allocation of expenses is otherwise addressed in the declaration
612	of condominium, the expenses of any items or services required
613	by any federal, state, or local governmental entity to be
614	installed, maintained, or supplied to the condominium property
615	by the association, including, but not limited to, fire safety
616	equipment or water and sewer service where a master meter serves
617	the condominium, shall be common expenses whether or not such
618	items or services are specifically identified as common expenses
619	in the declaration of condominium, articles of incorporation, or
620	bylaws of the association.
621	Section 3.  Subsection (8) of section 718.116, Florida
622	Statutes, is amended to read:
623	718.116  Assessments; liability; lien and priority;
624	interest; collection.--
625	(8)  Within 15 days after receiving a written request
626	therefor from a unit owner or his or her designee purchaser, or
627	a unit mortgagee or his or her designee, the association shall
628	provide a certificate signed by an officer or agent of the
629	association stating all assessments and other moneys owed to the
630	association by the unit owner with respect to the condominium
631	parcel.
632	(a)  Any person other than the owner who relies upon such
633	certificate shall be protected thereby.
634	(b)  A summary proceeding pursuant to s. 51.011 may be
635	brought to compel compliance with this subsection, and in any
636	such action the prevailing party is entitled to recover
637	reasonable attorney's fees.
638	(c)  Notwithstanding any limitation on transfer fees
639	contained in s. 718.112(2)(i), the association or its authorized
640	agent may charge a reasonable fee for the preparation of the
641	certificate. The amount of the fee must be included on the
642	certificate.
643	(d)  The authority to charge a fee for the certificate
644	shall be established by a written resolution adopted by the
645	board or provided by a written management, bookkeeping, or
646	maintenance contract and is payable upon the preparation of the
647	certificate. If the certificate is requested in conjunction with
648	the sale or mortgage of a unit but the closing does not occur
649	and no later than 30 days after the closing date for which the
650	certificate was sought the preparer receives a written request,
651	accompanied by reasonable documentation, that the sale did not
652	occur from a payer that is not the unit owner, the fee shall be
653	refunded to that payer within 30 days after receipt of the
654	request. The refund is the obligation of the unit owner, and the
655	association may collect it from that owner in the same manner as
656	an assessment as provided in this section.
657	Section 4.  Paragraph (c) of subsection (17) of section
658	718.117, Florida Statutes, is amended to read:
659	718.117  Termination of condominium.--
660	(17)  DISTRIBUTION.--
661	(c)  The proceeds from any sale of condominium property or
662	association property and any remaining condominium property or
663	association property, common surplus, and other assets shall be
664	distributed in the following priority:
665	1.  To pay the reasonable termination trustee's fees and
666	costs and accounting fees and costs.
667	2.  To lienholders of liens recorded prior to the recording
668	of the declaration.
669	3.  To purchase-money lienholders on units to the extent
670	necessary to satisfy their liens; however, the distribution may
671	not exceed a unit owner's share of the proceeds.
672	4.  To lienholders of liens of the association which have
673	been consented to under s. 718.121(1).
674	5.  To creditors of the association, as their interests
675	appear.
676	6.  To unit owners, the proceeds of any sale of condominium
677	property subject to satisfaction of liens on each unit in their
678	order of priority, in shares specified in the plan of
679	termination, unless objected to by a unit owner or lienor as
680	provided in paragraph (b).
681	7.  To unit owners, the remaining condominium property,
682	subject to satisfaction of liens on each unit in their order of
683	priority, in shares specified in the plan of termination, unless
684	objected to by a unit owner or a lienor as provided in paragraph
685	(b).
686	8.  To unit owners, the proceeds of any sale of association
687	property, the remaining association property, common surplus,
688	and other assets of the association, subject to satisfaction of
689	liens on each unit in their order of priority, in shares
690	specified in the plan of termination, unless objected to by a
691	unit owner or a lienor as provided in paragraph (b).
692	Section 5.  Section 720.30851, Florida Statutes, is created
693	to read:
694	720.30851  Estoppel certificates.--Within 15 days after the
695	date on which a request for an estoppel certificate is received
696	from a parcel owner or mortgagee, or his or her designee, the
697	association shall provide a certificate signed by an officer or
698	authorized agent of the association stating all assessments and
699	other moneys owed to the association by the parcel owner or
700	mortgagee with respect to the parcel. An association may charge
701	a fee for the preparation of such certificate, and the amount of
702	such fee must be stated on the certificate.
703	(1)  Any person other than a parcel owner who relies upon a
704	certificate receives the benefits and protection thereof.
705	(2)  A summary proceeding pursuant to s. 51.011 may be
706	brought to compel compliance with this section, and the
707	prevailing party is entitled to recover reasonable attorney's
708	fees.
709	(3)  The authority to charge a fee for the certificate
710	shall be established by a written resolution adopted by the
711	board or provided by a written management, bookkeeping, or
712	maintenance contract and is payable upon the preparation of the
713	certificate. If the certificate is requested in conjunction with
714	the sale or mortgage of a parcel but the closing does not occur
715	and no later than 30 days after the closing date for which the
716	certificate was sought the preparer receives a written request,
717	accompanied by reasonable documentation, that the sale did not
718	occur from a payer that is not the parcel owner, the fee shall
719	be refunded to that payer within 30 days after receipt of the
720	request. The refund is the obligation of the parcel owner, and
721	the association may collect it from that owner in the same
722	manner as an assessment as provided in this section.
723	Section 6.  Subsection (3) is added to section 489.1425,
724	Florida Statutes, to read:
725	489.1425  Duty of contractor to notify residential property
726	owner of recovery fund.--
727	(3)  A business organization is exempt from the written
728	statement in this section if the business organization, or its
729	parent entity if the business organization is a wholly owned
730	subsidiary, maintains a minimum net worth of $20 million.
731	Section 7.  Paragraphs (d) and (j) of subsection (2) of
732	section 20.165, Florida Statutes, are amended to read:
733	20.165  Department of Business and Professional
734	Regulation.--There is created a Department of Business and
735	Professional Regulation.
736	(2)  The following divisions of the Department of Business
737	and Professional Regulation are established:
738	(d)  Division of Florida Land Sales, Condominiums,
739	Timeshares, and Mobile Homes.
740	(j)  Division of Technology, Licensure, and Testing.
741	Section 8.  Subsection (2) of section 73.073, Florida
742	Statutes, is amended to read:
743	73.073  Eminent domain procedure with respect to
744	condominium common elements.--
745	(2)  With respect to the exercise of eminent domain or a
746	negotiated sale for the purchase or taking of a portion of the
747	common elements of a condominium, the condemning authority shall
748	have the responsibility of contacting the condominium
749	association and acquiring the most recent rolls indicating the
750	names of the unit owners or contacting the appropriate taxing
751	authority to obtain the names of the owners of record on the tax
752	rolls. Notification shall thereupon be sent by certified mail,
753	return receipt requested, to the unit owners of record of the
754	condominium units by the condemning authority indicating the
755	intent to purchase or take the required property and requesting
756	a response from the unit owner. The condemning authority shall
757	be responsible for the expense of sending notification pursuant
758	to this section. Such notice shall, at a minimum, include:
759	(a)  The name and address of the condemning authority.
760	(b)  A written or visual description of the property.
761	(c)  The public purpose for which the property is needed.
762	(d)  The appraisal value of the property.
763	(e)  A clear, concise statement relating to the unit
764	owner's right to object to the taking or appraisal value and the
765	procedures and effects of exercising that right.
766	(f)  A clear, concise statement relating to the power of
767	the association to convey the property on behalf of the unit
768	owners if no objection to the taking or appraisal value is
769	raised, and the effects of this alternative on the unit owner.
770
771	The Division of Florida Land Sales, Condominiums, Timeshares,
772	and Mobile Homes of the Department of Business and Professional
773	Regulation may adopt, by rule, a standard form for such notice
774	and may require the notice to include any additional relevant
775	information.
776	Section 9.  Subsections (2) and (3) of section 190.009,
777	Florida Statutes, are amended to read:
778	190.009  Disclosure of public financing.--
779	(2)  The Division of Florida Land Sales, Condominiums, and
780	Mobile Homes of the Department of Business and Professional
781	Regulation shall ensure that disclosures made by developers
782	pursuant to chapter 498 meet the requirements of subsection (1).
783	(2)(3)  The Department of Community Affairs shall keep a
784	current list of districts and their disclosures pursuant to this
785	act and shall make such studies and reports and take such
786	actions as it deems necessary.
787	Section 10.  Paragraph (e) of subsection (6) of section
788	192.037, Florida Statutes, is amended to read:
789	192.037  Fee timeshare real property; taxes and
790	assessments; escrow.--
791	(6)
792	(e)  On or before May 1 of each year, a statement of
793	receipts and disbursements of the escrow account must be filed
794	with the Division of Florida Land Sales, Condominiums,
795	Timeshares, and Mobile Homes of the Department of Business and
796	Professional Regulation, which may enforce this paragraph
797	pursuant to s. 721.26. This statement must appropriately show
798	the amount of principal and interest in such account.
799	Section 11.  Paragraph (i) of subsection (8) of section
800	213.053, Florida Statutes, is amended to read:
801	213.053  Confidentiality and information sharing.--
802	(8)  Notwithstanding any other provision of this section,
803	the department may provide:
804	(i)  Information relative to chapters 212 and 326 to the
805	Division of Florida Land Sales, Condominiums, Timeshares, and
806	Mobile Homes of the Department of Business and Professional
807	Regulation in the conduct of its official duties.
808
809	Disclosure of information under this subsection shall be
810	pursuant to a written agreement between the executive director
811	and the agency. Such agencies, governmental or nongovernmental,
812	shall be bound by the same requirements of confidentiality as
813	the Department of Revenue. Breach of confidentiality is a
814	misdemeanor of the first degree, punishable as provided by s.
815	775.082 or s. 775.083.
816	Section 12.  Paragraph (d) of subsection (4) of section
817	215.20, Florida Statutes, is amended to read:
818	215.20  Certain income and certain trust funds to
819	contribute to the General Revenue Fund.--
820	(4)  The income of a revenue nature deposited in the
821	following described trust funds, by whatever name designated, is
822	that from which the appropriations authorized by subsection (3)
823	shall be made:
824	(d)  Within the Department of Business and Professional
825	Regulation:
826	1.  The Administrative Trust Fund.
827	2.  The Alcoholic Beverage and Tobacco Trust Fund.
828	3.  The Cigarette Tax Collection Trust Fund.
829	4.  The Division of Florida Land Sales, Condominiums,
830	Timeshares, and Mobile Homes Trust Fund.
831	5.  The Hotel and Restaurant Trust Fund, with the exception
832	of those fees collected for the purpose of funding of the
833	hospitality education program as stated in s. 509.302.
834	6.  The Professional Regulation Trust Fund.
835	7.  The trust funds administered by the Division of Pari-
836	mutuel Wagering.
837
838	The enumeration of the foregoing moneys or trust funds shall not
839	prohibit the applicability thereto of s. 215.24 should the
840	Governor determine that for the reasons mentioned in s. 215.24
841	the money or trust funds should be exempt herefrom, as it is the
842	purpose of this law to exempt income from its force and effect
843	when, by the operation of this law, federal matching funds or
844	contributions or private grants to any trust fund would be lost
845	to the state.
846	Section 13.  Subsection (2) of section 326.002, Florida
847	Statutes, is amended to read:
848	326.002  Definitions.--As used in ss. 326.001-326.006, the
849	term:
850	(2)  "Division" means the Division of Florida Land Sales,
851	Condominiums, Timeshares, and Mobile Homes of the Department of
852	Business and Professional Regulation.
853	Section 14.  Paragraph (d) of subsection (2) and subsection
854	(3) of section 326.006, Florida Statutes, are amended to read:
855	326.006  Powers and duties of division.--
856	(2)  The division has the power to enforce and ensure
857	compliance with the provisions of this chapter and rules adopted
858	under this chapter relating to the sale and ownership of yachts
859	and ships. In performing its duties, the division has the
860	following powers and duties:
861	(d)  Notwithstanding any remedies available to a yacht or
862	ship purchaser, if the division has reasonable cause to believe
863	that a violation of any provision of this chapter or rule
864	adopted under this chapter has occurred, the division may
865	institute enforcement proceedings in its own name against any
866	broker or salesperson or any of his or her assignees or agents,
867	or against any unlicensed person or any of his or her assignees
868	or agents, as follows:
869	1.  The division may permit a person whose conduct or
870	actions are under investigation to waive formal proceedings and
871	enter into a consent proceeding whereby orders, rules, or
872	letters of censure or warning, whether formal or informal, may
873	be entered against the person.
874	2.  The division may issue an order requiring the broker or
875	salesperson or any of his or her assignees or agents, or
876	requiring any unlicensed person or any of his or her assignees
877	or agents, to cease and desist from the unlawful practice and
878	take such affirmative action as in the judgment of the division
879	will carry out the purposes of this chapter.
880	3.  The division may bring an action in circuit court on
881	behalf of a class of yacht or ship purchasers for declaratory
882	relief, injunctive relief, or restitution.
883	4.  The division may impose a civil penalty against a
884	broker or salesperson or any of his or her assignees or agents,
885	or against an unlicensed person or any of his or her assignees
886	or agents, for any violation of this chapter or a rule adopted
887	under this chapter. A penalty may be imposed for each day of
888	continuing violation, but in no event may the penalty for any
889	offense exceed $10,000. All amounts collected must be deposited
890	with the Chief Financial Officer to the credit of the Division
891	of Florida Land Sales, Condominiums, Timeshares, and Mobile
892	Homes Trust Fund. If a broker, salesperson, or unlicensed person
893	working for a broker, fails to pay the civil penalty, the
894	division shall thereupon issue an order suspending the broker's
895	license until such time as the civil penalty is paid or may
896	pursue enforcement of the penalty in a court of competent
897	jurisdiction. The order imposing the civil penalty or the order
898	of suspension may not become effective until 20 days after the
899	date of such order. Any action commenced by the division must be
900	brought in the county in which the division has its executive
901	offices or in the county where the violation occurred.
902	(3)  All fees must be deposited in the Division of Florida
903	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
904	Fund as provided by law.
905	Section 15.  Subsection (18) of section 380.05, Florida
906	Statutes, is amended to read:
907	380.05  Areas of critical state concern.--
908	(18)  Neither the designation of an area of critical state
909	concern nor the adoption of any regulations for such an area
910	shall in any way limit or modify the rights of any person to
911	complete any development that was has been authorized by
912	registration of a subdivision pursuant to former chapter 498 or
913	former chapter 478, by recordation pursuant to local subdivision
914	plat law, or by a building permit or other authorization to
915	commence development on which there has been reliance and a
916	change of position, and which registration or recordation was
917	accomplished, or which permit or authorization was issued, prior
918	to the approval under subsection (6), or the adoption under
919	subsection (8), of land development regulations for the area of
920	critical state concern. If a developer has by his or her actions
921	in reliance on prior regulations obtained vested or other legal
922	rights that in law would have prevented a local government from
923	changing those regulations in a way adverse to the developer's
924	interests, nothing in this chapter authorizes any governmental
925	agency to abridge those rights.
926	Section 16.  Subsection (20) of section 380.06, Florida
927	Statutes, is amended to read:
928	380.06  Developments of regional impact.--
929	(20)  VESTED RIGHTS.--Nothing in this section shall limit
930	or modify the rights of any person to complete any development
931	that was has been authorized by registration of a subdivision
932	pursuant to former chapter 498, by recordation pursuant to local
933	subdivision plat law, or by a building permit or other
934	authorization to commence development on which there has been
935	reliance and a change of position and which registration or
936	recordation was accomplished, or which permit or authorization
937	was issued, prior to July 1, 1973. If a developer has, by his or
938	her actions in reliance on prior regulations, obtained vested or
939	other legal rights that in law would have prevented a local
940	government from changing those regulations in a way adverse to
941	the developer's interests, nothing in this chapter authorizes
942	any governmental agency to abridge those rights.
943	(a)  For the purpose of determining the vesting of rights
944	under this subsection, approval pursuant to local subdivision
945	plat law, ordinances, or regulations of a subdivision plat by
946	formal vote of a county or municipal governmental body having
947	jurisdiction after August 1, 1967, and prior to July 1, 1973, is
948	sufficient to vest all property rights for the purposes of this
949	subsection; and no action in reliance on, or change of position
950	concerning, such local governmental approval is required for
951	vesting to take place. Anyone claiming vested rights under this
952	paragraph must so notify the department in writing by January 1,
953	1986. Such notification shall include information adequate to
954	document the rights established by this subsection. When such
955	notification requirements are met, in order for the vested
956	rights authorized pursuant to this paragraph to remain valid
957	after June 30, 1990, development of the vested plan must be
958	commenced prior to that date upon the property that the state
959	land planning agency has determined to have acquired vested
960	rights following the notification or in a binding letter of
961	interpretation. When the notification requirements have not been
962	met, the vested rights authorized by this paragraph shall expire
963	June 30, 1986, unless development commenced prior to that date.
964	(b)  For the purpose of this act, the conveyance of, or the
965	agreement to convey, property to the county, state, or local
966	government as a prerequisite to zoning change approval shall be
967	construed as an act of reliance to vest rights as determined
968	under this subsection, provided such zoning change is actually
969	granted by such government.
970	Section 17.  Paragraph (a) of subsection (4) of section
971	380.0651, Florida Statutes, is amended to read:
972	380.0651  Statewide guidelines and standards.--
973	(4)  Two or more developments, represented by their owners
974	or developers to be separate developments, shall be aggregated
975	and treated as a single development under this chapter when they
976	are determined to be part of a unified plan of development and
977	are physically proximate to one other.
978	(a)  The criteria of two of the following subparagraphs
979	must be met in order for the state land planning agency to
980	determine that there is a unified plan of development:
981	1.a.  The same person has retained or shared control of the
982	developments;
983	b.  The same person has ownership or a significant legal or
984	equitable interest in the developments; or
985	c.  There is common management of the developments
986	controlling the form of physical development or disposition of
987	parcels of the development.
988	2.  There is a reasonable closeness in time between the
989	completion of 80 percent or less of one development and the
990	submission to a governmental agency of a master plan or series
991	of plans or drawings for the other development which is
992	indicative of a common development effort.
993	3.  A master plan or series of plans or drawings exists
994	covering the developments sought to be aggregated which have
995	been submitted to a local general-purpose government, water
996	management district, the Florida Department of Environmental
997	Protection, or the Division of Florida Land Sales, Condominiums,
998	Timeshares, and Mobile Homes for authorization to commence
999	development. The existence or implementation of a utility's
1000	master utility plan required by the Public Service Commission or
1001	general-purpose local government or a master drainage plan shall
1002	not be the sole determinant of the existence of a master plan.
1003	4.  The voluntary sharing of infrastructure that is
1004	indicative of a common development effort or is designated
1005	specifically to accommodate the developments sought to be
1006	aggregated, except that which was implemented because it was
1007	required by a local general-purpose government; water management
1008	district; the Department of Environmental Protection; the
1009	Division of Florida Land Sales, Condominiums, Timeshares, and
1010	Mobile Homes; or the Public Service Commission.
1011	5.  There is a common advertising scheme or promotional
1012	plan in effect for the developments sought to be aggregated.
1013	Section 18.  Paragraph (c) of subsection (4) of section
1014	381.0065, Florida Statutes, is amended to read:
1015	381.0065  Onsite sewage treatment and disposal systems;
1016	regulation.--
1017	(4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
1018	not construct, repair, modify, abandon, or operate an onsite
1019	sewage treatment and disposal system without first obtaining a
1020	permit approved by the department. The department may issue
1021	permits to carry out this section, but shall not make the
1022	issuance of such permits contingent upon prior approval by the
1023	Department of Environmental Protection, except that the issuance
1024	of a permit for work seaward of the coastal construction control
1025	line established under s. 161.053 shall be contingent upon
1026	receipt of any required coastal construction control line permit
1027	from the Department of Environmental Protection. A construction
1028	permit is valid for 18 months from the issuance date and may be
1029	extended by the department for one 90-day period under rules
1030	adopted by the department. A repair permit is valid for 90 days
1031	from the date of issuance. An operating permit must be obtained
1032	prior to the use of any aerobic treatment unit or if the
1033	establishment generates commercial waste. Buildings or
1034	establishments that use an aerobic treatment unit or generate
1035	commercial waste shall be inspected by the department at least
1036	annually to assure compliance with the terms of the operating
1037	permit. The operating permit for a commercial wastewater system
1038	is valid for 1 year from the date of issuance and must be
1039	renewed annually. The operating permit for an aerobic treatment
1040	unit is valid for 2 years from the date of issuance and must be
1041	renewed every 2 years. If all information pertaining to the
1042	siting, location, and installation conditions or repair of an
1043	onsite sewage treatment and disposal system remains the same, a
1044	construction or repair permit for the onsite sewage treatment
1045	and disposal system may be transferred to another person, if the
1046	transferee files, within 60 days after the transfer of
1047	ownership, an amended application providing all corrected
1048	information and proof of ownership of the property. There is no
1049	fee associated with the processing of this supplemental
1050	information. A person may not contract to construct, modify,
1051	alter, repair, service, abandon, or maintain any portion of an
1052	onsite sewage treatment and disposal system without being
1053	registered under part III of chapter 489. A property owner who
1054	personally performs construction, maintenance, or repairs to a
1055	system serving his or her own owner-occupied single-family
1056	residence is exempt from registration requirements for
1057	performing such construction, maintenance, or repairs on that
1058	residence, but is subject to all permitting requirements. A
1059	municipality or political subdivision of the state may not issue
1060	a building or plumbing permit for any building that requires the
1061	use of an onsite sewage treatment and disposal system unless the
1062	owner or builder has received a construction permit for such
1063	system from the department. A building or structure may not be
1064	occupied and a municipality, political subdivision, or any state
1065	or federal agency may not authorize occupancy until the
1066	department approves the final installation of the onsite sewage
1067	treatment and disposal system. A municipality or political
1068	subdivision of the state may not approve any change in occupancy
1069	or tenancy of a building that uses an onsite sewage treatment
1070	and disposal system until the department has reviewed the use of
1071	the system with the proposed change, approved the change, and
1072	amended the operating permit.
1073	(c)  Notwithstanding the provisions of paragraphs (a) and
1074	(b), for subdivisions platted of record on or before October 1,
1075	1991, when a developer or other appropriate entity has
1076	previously made or makes provisions, including financial
1077	assurances or other commitments, acceptable to the Department of
1078	Health, that a central water system will be installed by a
1079	regulated public utility based on a density formula, private
1080	potable wells may be used with onsite sewage treatment and
1081	disposal systems until the agreed-upon densities are reached.
1082	The department may consider assurances filed with the Department
1083	of Business and Professional Regulation under chapter 498 in
1084	determining the adequacy of the financial assurance required by
1085	this paragraph. In a subdivision regulated by this paragraph,
1086	the average daily sewage flow may not exceed 2,500 gallons per
1087	acre per day. This section does not affect the validity of
1088	existing prior agreements. After October 1, 1991, the exception
1089	provided under this paragraph is not available to a developer or
1090	other appropriate entity.
1091	Section 19.  Subsections (8) through (12) of section
1092	450.33, Florida Statutes, are amended to read:
1093	450.33  Duties of farm labor contractor.--Every farm labor
1094	contractor must:
1095	(8)  File, within such time as the department may
1096	prescribe, a set of his or her fingerprints.
1097	(8)(9)  Produce evidence to the department that each
1098	vehicle he or she uses for the transportation of employees
1099	complies with the requirements and specifications established in
1100	chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
1101	Pub. L. No. 97-470 meeting Department of Transportation
1102	requirements or, in lieu thereof, bears a valid inspection
1103	sticker showing that the vehicle has passed the inspection in
1104	the state in which the vehicle is registered.
1105	(9)(10)  Comply with all applicable statutes, rules, and
1106	regulations of the United States and of the State of Florida for
1107	the protection or benefit of labor, including, but not limited
1108	to, those providing for wages, hours, fair labor standards,
1109	social security, workers' compensation, unemployment
1110	compensation, child labor, and transportation.
1111	(10)(11)  Maintain accurate daily field records for each
1112	employee actually paid by the farm labor contractor reflecting
1113	the hours worked for the farm labor contractor and, if paid by
1114	unit, the number of units harvested and the amount paid per
1115	unit.
1116	(11)(12)  Clearly display on each vehicle used to transport
1117	migrant or seasonal farm workers a display sticker issued by the
1118	department, which states that the vehicle is authorized by the
1119	department to transport farm workers and the expiration date of
1120	the authorization.
1121	Section 20.  Subsection (10) is added to section 455.203,
1122	Florida Statutes, to read:
1123	455.203  Department; powers and duties.--The department,
1124	for the boards under its jurisdiction, shall:
1125	(10)  Have authority to:
1126	(a)  Close and terminate deficient license application
1127	files 2 years after the board or the department notifies the
1128	applicant of the deficiency; and
1129	(b)  Approve applications for professional licenses that
1130	meet all statutory and rule requirements for licensure.
1131	Section 21.  Subsection (5) of section 455.116, Florida
1132	Statutes, is amended to read:
1133	455.116  Regulation trust funds.--The following trust funds
1134	shall be placed in the department:
1135	(5)  Division of Florida Land Sales, Condominiums,
1136	Timeshares, and Mobile Homes Trust Fund.
1137	Section 22.  Subsection (1) of section 455.217, Florida
1138	Statutes, is amended to read:
1139	455.217  Examinations.--This section shall be read in
1140	conjunction with the appropriate practice act associated with
1141	each regulated profession under this chapter.
1142	(1)  The Division of Technology, Licensure, and Testing of
1143	the Department of Business and Professional Regulation shall
1144	provide, contract, or approve services for the development,
1145	preparation, administration, scoring, score reporting, and
1146	evaluation of all examinations. The division shall seek the
1147	advice of the appropriate board in providing such services.
1148	(a)  The department, acting in conjunction with the
1149	Division of Technology, Licensure, and Testing and the Division
1150	of Real Estate, as appropriate, shall ensure that examinations
1151	adequately and reliably measure an applicant's ability to
1152	practice the profession regulated by the department. After an
1153	examination developed or approved by the department has been
1154	administered, the board or department may reject any question
1155	which does not reliably measure the general areas of competency
1156	specified in the rules of the board or department, when there is
1157	no board. The department shall use professional testing services
1158	for the development, preparation, and evaluation of
1159	examinations, when such services are available and approved by
1160	the board.
1161	(b)  For each examination developed by the department or
1162	contracted vendor, to the extent not otherwise specified by
1163	statute, the board or the department when there is no board,
1164	shall by rule specify the general areas of competency to be
1165	covered by the examination, the relative weight to be assigned
1166	in grading each area tested, the score necessary to achieve a
1167	passing grade, and the fees, where applicable, to cover the
1168	actual cost for any purchase, development, and administration of
1169	the required examination. However, statutory fee caps in each
1170	practice act shall apply. This subsection does not apply to
1171	national examinations approved and administered pursuant to
1172	paragraph (d).
1173	(c)  If a practical examination is deemed to be necessary,
1174	rules shall specify the criteria by which examiners are to be
1175	selected, the grading criteria to be used by the examiner, the
1176	relative weight to be assigned in grading each criterion, and
1177	the score necessary to achieve a passing grade. When a mandatory
1178	standardization exercise for a practical examination is required
1179	by law, the board may conduct such exercise. Therefore, board
1180	members may serve as examiners at a practical examination with
1181	the consent of the board.
1182	(d)  A board, or the department when there is no board, may
1183	approve by rule the use of any national examination which the
1184	department has certified as meeting requirements of national
1185	examinations and generally accepted testing standards pursuant
1186	to department rules. Providers of examinations, which may be
1187	either profit or nonprofit entities, seeking certification by
1188	the department shall pay the actual costs incurred by the
1189	department in making a determination regarding the
1190	certification. The department shall use any national examination
1191	which is available, certified by the department, and approved by
1192	the board. The name and number of a candidate may be provided to
1193	a national contractor for the limited purpose of preparing the
1194	grade tape and information to be returned to the board or
1195	department or, to the extent otherwise specified by rule, the
1196	candidate may apply directly to the vendor of the national
1197	examination. The department may delegate to the board the duty
1198	to provide and administer the examination. Any national
1199	examination approved by a board, or the department when there is
1200	no board, prior to October 1, 1997, is deemed certified under
1201	this paragraph. Any licensing or certification examination that
1202	is not developed or administered by the department in-house or
1203	provided as a national examination shall be competitively bid.
1204	(e)  The department shall adopt rules regarding the
1205	security and monitoring of examinations. In order to maintain
1206	the security of examinations, the department may employ the
1207	procedures set forth in s. 455.228 to seek fines and injunctive
1208	relief against an examinee who violates the provisions of s.
1209	455.2175 or the rules adopted pursuant to this paragraph. The
1210	department, or any agent thereof, may, for the purposes of
1211	investigation, confiscate any written, photographic, or
1212	recording material or device in the possession of the examinee
1213	at the examination site which the department deems necessary to
1214	enforce such provisions or rules.
1215	(f)  If the professional board with jurisdiction over an
1216	examination concurs, the department may, for a fee, share with
1217	any other state's licensing authority an examination developed
1218	by or for the department unless prohibited by a contract entered
1219	into by the department for development or purchase of the
1220	examination. The department, with the concurrence of the
1221	appropriate board, shall establish guidelines that ensure
1222	security of a shared exam and shall require that any other
1223	state's licensing authority comply with those guidelines. Those
1224	guidelines shall be approved by the appropriate professional
1225	board. All fees paid by the user shall be applied to the
1226	department's examination and development program for professions
1227	regulated by this chapter. All fees paid by the user for
1228	professions not regulated by this chapter shall be applied to
1229	offset the fees for the development and administration of that
1230	profession's examination. If both a written and a practical
1231	examination are given, an applicant shall be required to retake
1232	only the portion of the examination for which he or she failed
1233	to achieve a passing grade, if he or she successfully passes
1234	that portion within a reasonable time of his or her passing the
1235	other portion.
1236	Section 23.  Subsection (6) is added to section 455.2273,
1237	Florida Statutes, to read:
1238	455.2273  Disciplinary guidelines.--
1239	(6)  Notwithstanding s. 455.017, this section applies to
1240	disciplinary guidelines adopted by all boards or divisions
1241	within the department.
1242	Section 24.  Effective July 1, 2010, paragraph (d) of
1243	subsection (1) and paragraph (d) of subsection (2) of section
1244	468.841, Florida Statutes, are amended to read:
1245	468.841  Exemptions.--
1246	(1)  The following persons are not required to comply with
1247	any provisions of this part relating to mold assessment:
1248	(d)  Persons or business organizations acting within the
1249	scope of the respective licenses required under chapter 471,
1250	part I of chapter 481, chapter 482, or chapter 489, or part XV
1251	of this chapter, are acting on behalf of an insurer under part
1252	VI of chapter 626, or are persons in the manufactured housing
1253	industry who are licensed under chapter 320, except when any
1254	such persons or business organizations hold themselves out for
1255	hire to the public as a "certified mold assessor remediator,"
1256	"registered mold assessor remediator," "licensed mold assessor
1257	remediator," "mold assessor remediator," "professional mold
1258	assessor remediator," or any combination thereof stating or
1259	implying licensure under this part.
1260	(2)  The following persons are not required to comply with
1261	any provisions of this part relating to mold remediation:
1262	(d)  Persons or business organizations that are acting
1263	within the scope of the respective licenses required under
1264	chapter 471, part I of chapter 481, chapter 482, or chapter 489,
1265	or part XV of this chapter, are acting on behalf of an insurer
1266	under part VI of chapter 626, or are persons in the manufactured
1267	housing industry who are licensed under chapter 320, except when
1268	any such persons or business organizations hold themselves out
1269	for hire to the public as a "certified mold remediator
1270	assessor," "registered mold remediator assessor," "licensed mold
1271	remediator assessor," "mold remediator assessor," "professional
1272	mold remediator assessor," or any combination thereof stating or
1273	implying licensure under this part.
1274	Section 25.  Paragraph (b) of subsection (2) of section
1275	475.17, Florida Statutes, is amended to read:
1276	475.17  Qualifications for practice.--
1277	(2)
1278	(b)  A person may not be licensed as a real estate broker
1279	unless, in addition to the other requirements of law, the person
1280	has held:
1281	1.  An active real estate sales associate's license for at
1282	least 24 12 months during the preceding 5 years in the office of
1283	one or more real estate brokers licensed in this state or any
1284	other state, territory, or jurisdiction of the United States or
1285	in any foreign national jurisdiction;
1286	2.  A current and valid real estate sales associate's
1287	license for at least 24 12 months during the preceding 5 years
1288	in the employ of a governmental agency for a salary and
1289	performing the duties authorized in this part for real estate
1290	licensees; or
1291	3.  A current and valid real estate broker's license for at
1292	least 24 12 months during the preceding 5 years in any other
1293	state, territory, or jurisdiction of the United States or in any
1294	foreign national jurisdiction.
1295
1296	This paragraph does not apply to a person employed as a real
1297	estate investigator by the Division of Real Estate, provided the
1298	person has been employed as a real estate investigator for at
1299	least 24 months. The person must be currently employed as a real
1300	estate investigator to sit for the real estate broker's
1301	examination and have held a valid and current sales associate's
1302	license for at least 12 months.
1303	Section 26.  Subsection (9) of section 475.451, Florida
1304	Statutes, is amended to read:
1305	475.451  Schools teaching real estate practice.--
1306	(9)(a)  Each school permitholder of a proprietary real
1307	estate school, each chief administrative person of such an
1308	institution, or each course sponsor shall deliver to the
1309	department, in a format acceptable to the department, a copy of
1310	the classroom course roster of courses that require satisfactory
1311	completion of an examination no later than 30 days beyond the
1312	end of the calendar month in which the course was completed.
1313	(b)  The course roster shall consist of the institution or
1314	school name and permit number, if applicable, the instructor's
1315	name and permit number, if applicable, course title, beginning
1316	and ending dates of the course, number of course hours, course
1317	location, if applicable, each student's full name and license
1318	number, if applicable, each student's mailing address, and the
1319	numerical grade each student achieved. The course roster shall
1320	also include the signature of the school permitholder, the chief
1321	administrative person, or the course sponsor.
1322	Section 27.  Section 475.455, Florida Statutes, is amended
1323	to read:
1324	475.455  Exchange of disciplinary information.--The
1325	commission shall inform the Division of Florida Land Sales,
1326	Condominiums, Timeshares, and Mobile Homes of the Department of
1327	Business and Professional Regulation of any disciplinary action
1328	the commission has taken against any of its licensees. The
1329	division shall inform the commission of any disciplinary action
1330	the division has taken against any broker or sales associate
1331	registered with the division.
1332	Section 28.  Paragraph (d) is added to subsection (2) of
1333	section 477.019, Florida Statutes, and subsection (4) of that
1334	section is amended, to read:
1335	477.019  Cosmetologists; qualifications; licensure;
1336	supervised practice; license renewal; endorsement; continuing
1337	education.--
1338	(2)  An applicant shall be eligible for licensure by
1339	examination to practice cosmetology if the applicant:
1340	(d)  Has submitted for examination approval in the last 100
1341	hours of training by a pregraduate of a licensed cosmetology
1342	school or a program within the public school system, if such
1343	school or program is certified by the Department of Education
1344	and the applicant pays the application fee as required in
1345	paragraph (b). Upon approval and the completion of all required
1346	training, the applicant may schedule an examination. An
1347	applicant must take the examination within 6 months from the
1348	date on which he or she receives approval. If the applicant
1349	fails to take the examination within the 6-month period, he or
1350	she must reapply for examination approval. The board shall
1351	establish by rule procedures for the pregraduate application
1352	process.
1353	(4)  If an applicant passes all parts of the examination
1354	for licensure as a cosmetologist, he or she may practice in the
1355	time between passing the examination and receiving a physical
1356	copy of his or her license if he or she practices under the
1357	supervision of a licensed cosmetologist in a licensed salon. An
1358	applicant who fails any part of the examination may not practice
1359	as a cosmetologist and may immediately apply for reexamination.
1360	Following the completion of the first licensing examination and
1361	pending the results of that examination and issuance of a
1362	license to practice cosmetology, graduates of licensed
1363	cosmetology schools or cosmetology programs offered in public
1364	school systems, which schools or programs are certified by the
1365	Department of Education, are eligible to practice cosmetology,
1366	provided such graduates practice under the supervision of a
1367	licensed cosmetologist in a licensed cosmetology salon. A
1368	graduate who fails the first examination may continue to
1369	practice under the supervision of a licensed cosmetologist in a
1370	licensed cosmetology salon if the graduate applies for the next
1371	available examination and until the graduate receives the
1372	results of that examination. No graduate may continue to
1373	practice under this subsection if the graduate fails the
1374	examination twice.
1375	Section 29.  Subsection (6) of section 489.105, Florida
1376	Statutes, is amended to read:
1377	489.105  Definitions.--As used in this part:
1378	(6)  "Contracting" means, except as exempted in this part,
1379	engaging in business as a contractor and includes, but is not
1380	limited to, performance of any of the acts as set forth in
1381	subsection (3) which define types of contractors. The attempted
1382	sale of contracting services and the negotiation or bid for a
1383	contract on these services also constitutes contracting. If the
1384	services offered require licensure or agent qualification, the
1385	offering, negotiation for a bid, or attempted sale of these
1386	services requires the corresponding licensure. However, the term
1387	"contracting" shall not extend to an individual, partnership,
1388	corporation, trust, or other legal entity that offers to sell or
1389	sells completed residences on property on which the individual
1390	or business entity has any legal or equitable interest, or to
1391	the individual or business entity that offers to sell or sells
1392	manufactured or factory-built buildings that will be completed
1393	on site on property on which either party to a contract has any
1394	legal or equitable interest, if the services of a qualified
1395	contractor certified or registered pursuant to the requirements
1396	of this chapter have been or will be retained for the purpose of
1397	constructing or completing such residences.
1398	Section 30.  Section 489.511, Florida Statutes, is amended
1399	to read:
1400	489.511  Certification; application; examinations;
1401	endorsement.--
1402	(1)(a)  Any person who is at least 18 years of age may take
1403	the certification examination.
1404	(b)  Any person desiring to be certified as a contractor
1405	shall apply to the department in writing and must meet the
1406	following criteria: to take the certification examination.
1407	(2)(a)  A person shall be entitled to take the
1408	certification examination for the purpose of determining whether
1409	he or she is qualified to engage in contracting throughout the
1410	state as a contractor if the person:
1411	1.  Is at least 18 years of age;
1412	1.2.  Be Is of good moral character;
1413	2.  Pass the certification examination, achieving a passing
1414	grade as established by board rule; and
1415	3.  Meet Meets eligibility requirements according to one of
1416	the following criteria:
1417	a.  Has, within the 6 years immediately preceding the
1418	filing of the application, at least 3 years' proven management
1419	experience in the trade or education equivalent thereto, or a
1420	combination thereof, but not more than one-half of such
1421	experience may be educational equivalent;
1422	b.  Has, within the 8 years immediately preceding the
1423	filing of the application, at least 4 years' experience as a
1424	supervisor or contractor in the trade for which he or she is
1425	making application;
1426	c.  Has, within the 12 years immediately preceding the
1427	filing of the application, at least 6 years of comprehensive
1428	training, technical education, or supervisory experience
1429	associated with an electrical or alarm system contracting
1430	business, or at least 6 years of technical experience in
1431	electrical or alarm system work with the Armed Forces or a
1432	governmental entity;
1433	d.  Has, within the 12 years immediately preceding the
1434	filing of the application, been licensed for 3 years as a
1435	professional engineer who is qualified by education, training,
1436	or experience to practice electrical engineering; or
1437	e.  Has any combination of qualifications under sub-
1438	subparagraphs a.-c. totaling 6 years of experience.
1439	(c)(b)  For purposes of this subsection, "supervisor" means
1440	a person having the experience gained while having the general
1441	duty of overseeing the technical duties of the trade, provided
1442	that such experience is gained by a person who is able to
1443	perform the technical duties of the trade without supervision.
1444	(d)(c)  For purposes of this subsection, at least 40
1445	percent of the work experience for an alarm system contractor I
1446	must be in the types of fire alarm systems typically used in a
1447	commercial setting.
1448	(2)(3)  The board may determine by rule the number of times
1449	per year the applicant may take the examination and after three
1450	unsuccessful attempts may On or after October 1, 1998, every
1451	applicant who is qualified shall be allowed to take the
1452	examination three times, notwithstanding the number of times the
1453	applicant has previously failed the examination. If an applicant
1454	fails the examination three times after October 1, 1998, the
1455	board shall require the applicant to complete additional
1456	college-level or technical education courses in the areas of
1457	deficiency, as determined by the board, as a condition of future
1458	eligibility to take the examination. The applicant must also
1459	submit a new application that meets all certification
1460	requirements at the time of its submission and must pay all
1461	appropriate fees.
1462	(3)(4)(a)  "Good moral character" means a personal history
1463	of honesty, fairness, and respect for the rights of others and
1464	for laws of this state and nation.
1465	(b)  The board may determine that an individual applying
1466	for certification is ineligible to take the examination for
1467	failure to satisfy the requirement of good moral character only
1468	if:
1469	1.  There is a substantial connection between the lack of
1470	good moral character of the individual and the professional
1471	responsibilities of a certified contractor; and
1472	2.  The finding by the board of lack of good moral
1473	character is supported by clear and convincing evidence.
1474	(c)  When an individual is found to be unqualified for
1475	certification examination because of a lack of good moral
1476	character, the board shall furnish such individual a statement
1477	containing the findings of the board, a complete record of the
1478	evidence upon which the determination was based, and a notice of
1479	the rights of the individual to a rehearing and appeal.
1480	(4)(5)  The board shall, by rule, designate those types of
1481	specialty electrical or alarm system contractors who may be
1482	certified under this part. The limit of the scope of work and
1483	responsibility of a certified specialty contractor shall be
1484	established by board rule. A certified specialty contractor
1485	category exists as an optional statewide licensing category.
1486	Qualification for certification in a specialty category created
1487	by rule shall be the same as set forth in paragraph (1)(b)
1488	(2)(a). The existence of a specialty category created by rule
1489	does not itself create any licensing requirement; however,
1490	neither does its optional nature remove any licensure
1491	requirement established elsewhere in this part.
1492	(5)(6)  The board shall certify as qualified for
1493	certification by endorsement any individual applying for
1494	certification who:
1495	(a)  Meets the requirements for certification as set forth
1496	in this section; has passed a national, regional, state, or
1497	United States territorial licensing examination that is
1498	substantially equivalent to the examination required by this
1499	part; and has satisfied the requirements set forth in s.
1500	489.521; or
1501	(b)  Holds a valid license to practice electrical or alarm
1502	system contracting issued by another state or territory of the
1503	United States, if the criteria for issuance of such license was
1504	substantially equivalent to the certification criteria that
1505	existed in this state at the time the certificate was issued.
1506	(6)(7)  Upon the issuance of a certificate, any previously
1507	issued registered licenses for the classification in which the
1508	certification is issued are rendered void.
1509	Section 31.  Paragraph (b) of subsection (1) of section
1510	489.515, Florida Statutes, is amended to read:
1511	489.515  Issuance of certificates; registrations.--
1512	(1)
1513	(b)  The board shall certify as qualified for certification
1514	any person who satisfies the requirements of s. 489.511, who
1515	successfully passes the certification examination administered
1516	by the department, achieving a passing grade as established by
1517	board rule, and who submits satisfactory evidence that he or she
1518	has obtained both workers' compensation insurance or an
1519	acceptable exemption certificate issued by the department and
1520	public liability and property damage insurance for the health,
1521	safety, and welfare of the public in amounts determined by rule
1522	of the board, and furnishes evidence of financial
1523	responsibility, credit, and business reputation of either
1524	himself or herself or the business organization he or she
1525	desires to qualify.
1526	Section 32.  Section 494.008, Florida Statutes, is amended
1527	to read:
1528	494.008  Mortgages offered by land developers licensed
1529	pursuant to the Florida Uniform Land Sales Practices Law;
1530	requirements; prohibitions.--No mortgage loan which has a face
1531	amount of $35,000 or less and is secured by vacant land
1532	registered under the Florida Uniform Land Sales Practices Law,
1533	chapter 498, shall be sold to a mortgagee, except a financial
1534	institution, by any person unless all of the following
1535	requirements are met:
1536	(1)  Each mortgage securing a note or other obligation sold
1537	or offered for sale shall be eligible for a recordation as a
1538	first mortgage.
1539	(2)  Each mortgage negotiated pursuant to this section must
1540	include a mortgagee's title insurance policy or an opinion of
1541	title, from an attorney who is licensed to practice law in this
1542	state, on each parcel of land which is described in the
1543	mortgage. The policy or opinion shall reflect that there are no
1544	other mortgages on the property. A notice stating the priority
1545	of the mortgage shall be placed on the face of each mortgage in
1546	an amount over $35,000 issued pursuant to this section.
1547	(3)  Contracts to purchase a mortgage loan shall contain,
1548	immediately above the purchaser's signature line, the statement
1549	in 10-point boldfaced type: "This mortgage is secured by vacant
1550	land subject to development at a future time." This statement
1551	shall also be typed or printed in 10-point type on the face of
1552	the note and mortgage sold.
1553	(4)  The most recent assessment for tax purposes made by
1554	the county property appraiser of each parcel of land described
1555	in the mortgage shall be furnished to each mortgagee.
1556	(5)  The mortgage broker shall record or cause to be
1557	recorded all mortgages or other similar documents prior to
1558	delivery of the note and mortgage to the mortgagee.
1559	(6)  All funds received by the mortgage broker pursuant to
1560	this section shall promptly be deposited in the broker's trust
1561	account where they shall remain until the note and mortgage are
1562	fully executed and recorded.
1563	(7)  Willful failure to comply with any of the above
1564	provisions shall subject the person to the penalties of s.
1565	494.05.
1566	Section 33.  Section 498.009, Florida Statutes, is
1567	renumbered as section 718.50152, Florida Statutes.
1568	Section 34.  Section 498.011, Florida Statutes, is
1569	renumbered as section 718.50153, Florida Statutes, and amended
1570	to read:
1571	718.50153 498.011  Payment of per diem, mileage, and other
1572	expenses to division employees.--The amount of per diem and
1573	mileage and expense money paid to employees shall be as provided
1574	in s. 112.061, except that the division shall establish by rule
1575	the standards for reimbursement of actual verified expenses
1576	incurred in connection with an on-site review inspection or
1577	investigation of subdivided lands.
1578	Section 35.  Section 498.013, Florida Statutes, is
1579	renumbered as section 718.50154, Florida Statutes.
1580	Section 36.  Section 498.057, Florida Statutes, is
1581	renumbered as section 718.50155, Florida Statutes, and amended,
1582	to read:
1583	718.50155 498.057  Service of process.--
1584	(1)  In addition to the methods of service provided for in
1585	the Florida Rules of Civil Procedure and the Florida Statutes,
1586	service may be made and by delivering a copy of the process to
1587	the director of the division, which shall be binding upon the
1588	defendant or respondent if:
1589	(a)  The division plaintiff, which is acting as the
1590	petitioner or plaintiff may be the division, immediately sends a
1591	copy of the process and of the pleading by certified mail to the
1592	defendant or respondent at his or her last known address;, and
1593	(b)  The division plaintiff files an affidavit of
1594	compliance with this section on or before the return date of the
1595	process or within the time set by the court.
1596	(2)  If any person, including any nonresident of this
1597	state, allegedly engages in conduct prohibited by this chapter,
1598	or any rule or order of the division, and has not filed a
1599	consent to service of process, and personal jurisdiction over
1600	him or her cannot otherwise be obtained in this state, the
1601	director shall be authorized to receive service of process in
1602	any noncriminal proceeding against that person or his or her
1603	successor which grows out of the conduct and which is brought by
1604	the division under this chapter or any rule or order of the
1605	division. The process shall have the same force and validity as
1606	if personally served. Notice shall be given as provided in
1607	subsection (1).
1608	Section 37.  Sections 498.001, 498.003, 498.005, 498.007,
1609	498.017, 498.021, 498.022, 498.023, 498.024, 498.025, 498.027,
1610	498.028, 498.029, 498.031, 498.033, 498.035, 498.037, 498.039,
1611	498.041, 498.047, 498.049, 498.051, 498.053, 498.059, 498.061,
1612	and 498.063, Florida Statutes, are repealed.
1613	Section 38.  Section 509.512, Florida Statutes, is amended
1614	to read:
1615	509.512  Timeshare plan developer and exchange company
1616	exemption.--Sections 509.501-509.511 do not apply to a developer
1617	of a timeshare plan or an exchange company approved by the
1618	Division of Florida Land Sales, Condominiums, Timeshares, and
1619	Mobile Homes pursuant to chapter 721, but only to the extent
1620	that the developer or exchange company engages in conduct
1621	regulated under chapter 721.
1622	Section 39.  Subsection (2) of section 517.301, Florida
1623	Statutes, is amended to read:
1624	517.301  Fraudulent transactions; falsification or
1625	concealment of facts.--
1626	(2)  For purposes of ss. 517.311 and 517.312 and this
1627	section, the term "investment" means any commitment of money or
1628	property principally induced by a representation that an
1629	economic benefit may be derived from such commitment, except
1630	that the term "investment" does not include a commitment of
1631	money or property for:
1632	(a)  The purchase of a business opportunity, business
1633	enterprise, or real property through a person licensed under
1634	chapter 475 or registered under former chapter 498; or
1635	(b)  The purchase of tangible personal property through a
1636	person not engaged in telephone solicitation, where said
1637	property is offered and sold in accordance with the following
1638	conditions:
1639	1.  There are no specific representations or guarantees
1640	made by the offeror or seller as to the economic benefit to be
1641	derived from the purchase;
1642	2.  The tangible property is delivered to the purchaser
1643	within 30 days after sale, except that such 30-day period may be
1644	extended by the office if market conditions so warrant; and
1645	3.  The seller has offered the purchaser a full refund
1646	policy in writing, exercisable by the purchaser within 10 days
1647	of the date of delivery of such tangible personal property,
1648	except that the amount of such refund may not in no event shall
1649	exceed the bid price in effect at the time the property is
1650	returned to the seller. If the applicable sellers' market is
1651	closed at the time the property is returned to the seller for a
1652	refund, the amount of such refund shall be based on the bid
1653	price for such property at the next opening of such market.
1654	Section 40.  Subsection (4) of section 548.0065, Florida
1655	Statutes, is amended to read:
1656	548.0065  Amateur matches; sanctioning and supervision;
1657	health and safety standards; compliance checks; continuation,
1658	suspension, and revocation of sanctioning approval.--
1659	(4)  Any member of the commission or the executive director
1660	of the commission may suspend the approval of an amateur
1661	sanctioning organization for failure to supervise amateur
1662	matches or to enforce the approved health and safety standards
1663	required under this chapter, provided that the suspension
1664	complies with the procedures for summary suspensions in s.
1665	120.60(6). At any amateur boxing, or kickboxing, or mixed
1666	martial arts contest, any member of the commission or a
1667	representative of the commission may immediately suspend one or
1668	more matches in an event whenever it appears that the match or
1669	matches violate the health and safety standards established by
1670	rule as required by this chapter. A law enforcement officer may
1671	assist any member of the commission or a representative of the
1672	commission to enforce an order to stop a contest if called upon
1673	to do so by a member of the commission or a representative of
1674	the commission.
1675	Section 41.  Subsections (2), (3), and (4) of section
1676	548.008, Florida Statutes, are amended to read:
1677	548.008  Prohibited competitions.--
1678	(2)  No amateur mixed martial arts match may be held in
1679	this state.
1680	(2)(3)  No professional match may be held in this state
1681	unless it meets the requirements for holding the match as
1682	provided in this chapter and the rules adopted by the
1683	commission.
1684	(3)(4)(a)  Any person participating in a match prohibited
1685	under this section, knowing the match to be prohibited, commits
1686	a misdemeanor of the second degree, punishable as provided in s.
1687	775.082 or s. 775.083.
1688	(b)  Any person holding, promoting, or sponsoring a match
1689	prohibited under this section commits a felony of the third
1690	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1691	775.084.
1692	Section 42.  Subsection (1) of section 548.041, Florida
1693	Statutes, is amended to read:
1694	548.041  Age, condition, and suspension of participants.--
1695	(1)  A person may shall not be licensed as a participant,
1696	and the license of a any participant shall be suspended or
1697	revoked, if such person:
1698	(a)  Is under the age of 18;
1699	(b)  Has participated in a match in this state which was
1700	not sanctioned by the commission or by a Native American
1701	commission properly constituted under federal law; or
1702	(c)  Does not meet certain health and medical examination
1703	conditions as required by rule of the commission;.
1704	(d)  Has not competed in a minimum number of amateur boxing
1705	events as determined by commission rule prior to licensure; or
1706	(e)  Has not participated in a minimum number of amateur
1707	mixed martial arts events as determined by commission rule prior
1708	to licensure.
1709	Section 43.  Subsection (1) of section 559.935, Florida
1710	Statutes, is amended to read:
1711	559.935  Exemptions.--
1712	(1)  This part does not apply to:
1713	(a)  A bona fide employee of a seller of travel who is
1714	engaged solely in the business of her or his employer;
1715	(b)  Any direct common carrier of passengers or property
1716	regulated by an agency of the Federal Government or employees of
1717	such carrier when engaged solely in the transportation business
1718	of the carrier as identified in the carrier's certificate;
1719	(c)  An intrastate common carrier of passengers or property
1720	selling only transportation as defined in the applicable state
1721	or local registration or certification, or employees of such
1722	carrier when engaged solely in the transportation business of
1723	the carrier;
1724	(d)  Hotels, motels, or other places of public
1725	accommodation selling public accommodations, or employees of
1726	such hotels, motels, or other places of public accommodation,
1727	when engaged solely in making arrangements for lodging,
1728	accommodations, or sightseeing tours within the state, or taking
1729	reservations for the traveler with times, dates, locations, and
1730	accommodations certain at the time the reservations are made,
1731	provided that hotels and motels registered with the Department
1732	of Business and Professional Regulation pursuant to chapter 509
1733	are excluded from the provisions of this chapter;
1734	(e)  Persons involved solely in the rental, leasing, or
1735	sale of residential property;
1736	(f)  Persons involved solely in the rental, leasing, or
1737	sale of transportation vehicles;
1738	(g)  Persons who make travel arrangements for themselves;
1739	for their employees or agents; for distributors, franchisees, or
1740	dealers of the persons' products or services; for entities which
1741	are financially related to the persons; or for the employees or
1742	agents of the distributor, franchisee, or dealer or financially
1743	related entity;
1744	(h)  A developer of a timeshare plan or an exchange company
1745	approved by the Division of Florida Land Sales, Condominiums,
1746	Timeshares, and Mobile Homes pursuant to chapter 721, but only
1747	to the extent that the developer or exchange company engages in
1748	conduct regulated under chapter 721; or
1749	(i)  Persons or entities engaged solely in offering diving
1750	services, including classes and sales or rentals of equipment,
1751	when engaged in making any prearranged travel-related or
1752	tourist-related services in conjunction with a primarily dive-
1753	related event.
1754	Section 44.  Subsection (17) of section 718.103, Florida
1755	Statutes, is amended to read:
1756	718.103  Definitions.--As used in this chapter, the term:
1757	(17)  "Division" means the Division of Florida Land Sales,
1758	Condominiums, Timeshares, and Mobile Homes of the Department of
1759	Business and Professional Regulation.
1760	Section 45.  Paragraph (c) of subsection (4) of section
1761	718.105, Florida Statutes, is amended to read:
1762	718.105  Recording of declaration.--
1763	(4)
1764	(c)  If the sum of money held by the clerk has not been
1765	paid to the developer or association as provided in paragraph
1766	(b) within by 3 years after the date the declaration was
1767	originally recorded, the clerk in his or her discretion may
1768	notify, in writing, the registered agent of the association that
1769	the sum is still available and the purpose for which it was
1770	deposited. If the association does not record the certificate
1771	within 90 days after the clerk has given the notice, the clerk
1772	may disburse the money to the developer. If the developer cannot
1773	be located, the clerk shall disburse the money to the Division
1774	of Florida Land Sales, Condominiums, Timeshares, and Mobile
1775	Homes for deposit in the Division of Florida Land Sales,
1776	Condominiums, Timeshares, and Mobile Homes Trust Fund.
1777	Section 46.  Subsection (4) of section 718.1255, Florida
1778	Statutes, is amended to read:
1779	718.1255  Alternative dispute resolution; voluntary
1780	mediation; mandatory nonbinding arbitration; legislative
1781	findings.--
1782	(4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1783	DISPUTES.--The Division of Florida Land Sales, Condominiums,
1784	Timeshares, and Mobile Homes of the Department of Business and
1785	Professional Regulation shall employ full-time attorneys to act
1786	as arbitrators to conduct the arbitration hearings provided by
1787	this chapter. The division may also certify attorneys who are
1788	not employed by the division to act as arbitrators to conduct
1789	the arbitration hearings provided by this section. No person may
1790	be employed by the department as a full-time arbitrator unless
1791	he or she is a member in good standing of The Florida Bar. The
1792	department shall adopt promulgate rules of procedure to govern
1793	such arbitration hearings including mediation incident thereto.
1794	The decision of an arbitrator shall be final; however, such a
1795	decision shall not be deemed final agency action. Nothing in
1796	this provision shall be construed to foreclose parties from
1797	proceeding in a trial de novo unless the parties have agreed
1798	that the arbitration is binding. If such judicial proceedings
1799	are initiated, the final decision of the arbitrator shall be
1800	admissible in evidence in the trial de novo.
1801	(a)  Prior to the institution of court litigation, a party
1802	to a dispute shall petition the division for nonbinding
1803	arbitration. The petition must be accompanied by a filing fee in
1804	the amount of $50. Filing fees collected under this section must
1805	be used to defray the expenses of the alternative dispute
1806	resolution program.
1807	(b)  The petition must recite, and have attached thereto,
1808	supporting proof that the petitioner gave the respondents:
1809	1.  Advance written notice of the specific nature of the
1810	dispute;
1811	2.  A demand for relief, and a reasonable opportunity to
1812	comply or to provide the relief; and
1813	3.  Notice of the intention to file an arbitration petition
1814	or other legal action in the absence of a resolution of the
1815	dispute.
1816
1817	Failure to include the allegations or proof of compliance with
1818	these prerequisites requires dismissal of the petition without
1819	prejudice.
1820	(c)  Upon receipt, the petition shall be promptly reviewed
1821	by the division to determine the existence of a dispute and
1822	compliance with the requirements of paragraphs (a) and (b). If
1823	emergency relief is required and is not available through
1824	arbitration, a motion to stay the arbitration may be filed. The
1825	motion must be accompanied by a verified petition alleging facts
1826	that, if proven, would support entry of a temporary injunction,
1827	and if an appropriate motion and supporting papers are filed,
1828	the division may abate the arbitration pending a court hearing
1829	and disposition of a motion for temporary injunction.
1830	(d)  Upon determination by the division that a dispute
1831	exists and that the petition substantially meets the
1832	requirements of paragraphs (a) and (b) and any other applicable
1833	rules, a copy of the petition shall forthwith be served by the
1834	division upon all respondents.
1835	(e)  Either Before or after the filing of the respondents'
1836	answer to the petition, any party may request that the
1837	arbitrator refer the case to mediation under this section and
1838	any rules adopted by the division. Upon receipt of a request for
1839	mediation, the division shall promptly contact the parties to
1840	determine if there is agreement that mediation would be
1841	appropriate. If all parties agree, the dispute must be referred
1842	to mediation. Notwithstanding a lack of an agreement by all
1843	parties, the arbitrator may refer a dispute to mediation at any
1844	time.
1845	(f)  Upon referral of a case to mediation, the parties must
1846	select a mutually acceptable mediator. To assist in the
1847	selection, the arbitrator shall provide the parties with a list
1848	of both volunteer and paid mediators that have been certified by
1849	the division under s. 718.501. If the parties are unable to
1850	agree on a mediator within the time allowed by the arbitrator,
1851	the arbitrator shall appoint a mediator from the list of
1852	certified mediators. If a case is referred to mediation, the
1853	parties shall attend a mediation conference, as scheduled by the
1854	parties and the mediator. If any party fails to attend a duly
1855	noticed mediation conference, without the permission or approval
1856	of the arbitrator or mediator, the arbitrator must impose
1857	sanctions against the party, including the striking of any
1858	pleadings filed, the entry of an order of dismissal or default
1859	if appropriate, and the award of costs and attorneys' fees
1860	incurred by the other parties. Unless otherwise agreed to by the
1861	parties or as provided by order of the arbitrator, a party is
1862	deemed to have appeared at a mediation conference by the
1863	physical presence of the party or its representative having full
1864	authority to settle without further consultation, provided that
1865	an association may comply by having one or more representatives
1866	present with full authority to negotiate a settlement and
1867	recommend that the board of administration ratify and approve
1868	such a settlement within 5 days from the date of the mediation
1869	conference. The parties shall share equally the expense of
1870	mediation, unless they agree otherwise.
1871	(g)  The purpose of mediation as provided for by this
1872	section is to present the parties with an opportunity to resolve
1873	the underlying dispute in good faith, and with a minimum
1874	expenditure of time and resources.
1875	(h)  Mediation proceedings must generally be conducted in
1876	accordance with the Florida Rules of Civil Procedure, and these
1877	proceedings are privileged and confidential to the same extent
1878	as court-ordered mediation. Persons who are not parties to the
1879	dispute are not allowed to attend the mediation conference
1880	without the consent of all parties, with the exception of
1881	counsel for the parties and corporate representatives designated
1882	to appear for a party. If the mediator declares an impasse after
1883	a mediation conference has been held, the arbitration proceeding
1884	terminates, unless all parties agree in writing to continue the
1885	arbitration proceeding, in which case the arbitrator's decision
1886	shall be either binding or nonbinding, as agreed upon by the
1887	parties; in the arbitration proceeding, the arbitrator shall not
1888	consider any evidence relating to the unsuccessful mediation
1889	except in a proceeding to impose sanctions for failure to appear
1890	at the mediation conference. If the parties do not agree to
1891	continue arbitration, the arbitrator shall enter an order of
1892	dismissal, and either party may institute a suit in a court of
1893	competent jurisdiction. The parties may seek to recover any
1894	costs and attorneys' fees incurred in connection with
1895	arbitration and mediation proceedings under this section as part
1896	of the costs and fees that may be recovered by the prevailing
1897	party in any subsequent litigation.
1898	(i)  Arbitration shall be conducted according to rules
1899	adopted promulgated by the division. The filing of a petition
1900	for arbitration shall toll the applicable statute of
1901	limitations.
1902	(j)  At the request of any party to the arbitration, the
1903	such arbitrator shall issue subpoenas for the attendance of
1904	witnesses and the production of books, records, documents, and
1905	other evidence and any party on whose behalf a subpoena is
1906	issued may apply to the court for orders compelling such
1907	attendance and production. Subpoenas shall be served and shall
1908	be enforceable in the manner provided by the Florida Rules of
1909	Civil Procedure. Discovery may, in the discretion of the
1910	arbitrator, be permitted in the manner provided by the Florida
1911	Rules of Civil Procedure. Rules adopted by the division may
1912	authorize any reasonable sanctions except contempt for a
1913	violation of the arbitration procedural rules of the division or
1914	for the failure of a party to comply with a reasonable nonfinal
1915	order issued by an arbitrator which is not under judicial
1916	review.
1917	(k)  The arbitration decision shall be presented to the
1918	parties in writing. An arbitration decision is final in those
1919	disputes in which the parties have agreed to be bound. An
1920	arbitration decision is also final if a complaint for a trial de
1921	novo is not filed in a court of competent jurisdiction in which
1922	the condominium is located within 30 days. The right to file for
1923	a trial de novo entitles the parties to file a complaint in the
1924	appropriate trial court for a judicial resolution of the
1925	dispute. The prevailing party in an arbitration proceeding shall
1926	be awarded the costs of the arbitration and reasonable
1927	attorney's fees in an amount determined by the arbitrator. Such
1928	an award shall include the costs and reasonable attorney's fees
1929	incurred in the arbitration proceeding as well as the costs and
1930	reasonable attorney's fees incurred in preparing for and
1931	attending any scheduled mediation.
1932	(l)  The party who files a complaint for a trial de novo
1933	shall be assessed the other party's arbitration costs, court
1934	costs, and other reasonable costs, including attorney's fees,
1935	investigation expenses, and expenses for expert or other
1936	testimony or evidence incurred after the arbitration hearing if
1937	the judgment upon the trial de novo is not more favorable than
1938	the arbitration decision. If the judgment is more favorable, the
1939	party who filed a complaint for trial de novo shall be awarded
1940	reasonable court costs and attorney's fees.
1941	(m)  Any party to an arbitration proceeding may enforce an
1942	arbitration award by filing a petition in a court of competent
1943	jurisdiction in which the condominium is located. A petition may
1944	not be granted unless the time for appeal by the filing of a
1945	complaint for trial de novo has expired. If a complaint for a
1946	trial de novo has been filed, a petition may not be granted with
1947	respect to an arbitration award that has been stayed. If the
1948	petition for enforcement is granted, the petitioner shall
1949	recover reasonable attorney's fees and costs incurred in
1950	enforcing the arbitration award. A mediation settlement may also
1951	be enforced through the county or circuit court, as applicable,
1952	and any costs and fees incurred in the enforcement of a
1953	settlement agreement reached at mediation must be awarded to the
1954	prevailing party in any enforcement action.
1955	Section 47.  Section 718.501, Florida Statutes, is amended
1956	to read:
1957	718.501  Powers and duties of Division of Florida Land
1958	Sales, Condominiums, Timeshares, and Mobile Homes.--
1959	(1)  The Division of Florida Land Sales, Condominiums,
1960	Timeshares, and Mobile Homes of the Department of Business and
1961	Professional Regulation, referred to as the "division" in this
1962	part, in addition to other powers and duties prescribed by
1963	chapter 498, has the power to enforce and ensure compliance with
1964	the provisions of this chapter and rules promulgated pursuant
1965	hereto relating to the development, construction, sale, lease,
1966	ownership, operation, and management of residential condominium
1967	units. In performing its duties, the division has the following
1968	powers and duties:
1969	(a)1.  The division may make necessary public or private
1970	investigations within or outside this state to determine whether
1971	any person has violated this chapter or any rule or order
1972	hereunder, to aid in the enforcement of this chapter, or to aid
1973	in the adoption of rules or forms hereunder.
1974	2.  The division may submit any official written report,
1975	worksheet, or other related paper, or a duly certified copy
1976	thereof, compiled, prepared, drafted, or otherwise made by and
1977	duly authenticated by a financial examiner or analyst to be
1978	admitted as competent evidence in any hearing in which the
1979	financial examiner or analyst is available for cross-examination
1980	and attests under oath that such documents were prepared as a
1981	result of an examination or inspection conducted pursuant to
1982	this chapter.
1983	(b)  The division may require or permit any person to file
1984	a statement in writing, under oath or otherwise, as the division
1985	determines, as to the facts and circumstances concerning a
1986	matter to be investigated.
1987	(c)  For the purpose of any investigation under this
1988	chapter, the division director or any officer or employee
1989	designated by the division director may administer oaths or
1990	affirmations, subpoena witnesses and compel their attendance,
1991	take evidence, and require the production of any matter which is
1992	relevant to the investigation, including the existence,
1993	description, nature, custody, condition, and location of any
1994	books, documents, or other tangible things and the identity and
1995	location of persons having knowledge of relevant facts or any
1996	other matter reasonably calculated to lead to the discovery of
1997	material evidence. Upon the failure by a person to obey a
1998	subpoena or to answer questions propounded by the investigating
1999	officer and upon reasonable notice to all persons affected
2000	thereby, the division may apply to the circuit court for an
2001	order compelling compliance.
2002	(d)  Notwithstanding any remedies available to unit owners
2003	and associations, if the division has reasonable cause to
2004	believe that a violation of any provision of this chapter or
2005	related rule promulgated pursuant hereto has occurred, the
2006	division may institute enforcement proceedings in its own name
2007	against any developer, association, officer, or member of the
2008	board of administration, or its assignees or agents, as follows:
2009	1.  The division may permit a person whose conduct or
2010	actions may be under investigation to waive formal proceedings
2011	and enter into a consent proceeding whereby orders, rules, or
2012	letters of censure or warning, whether formal or informal, may
2013	be entered against the person.
2014	2.  The division may issue an order requiring the
2015	developer, association, officer, or member of the board of
2016	administration, or its assignees or agents, to cease and desist
2017	from the unlawful practice and take such affirmative action as
2018	in the judgment of the division will carry out the purposes of
2019	this chapter. Such affirmative action may include, but is not
2020	limited to, an order requiring a developer to pay moneys
2021	determined to be owed to a condominium association. If the
2022	division finds that a developer, association, officer, or member
2023	of the board of administration, or its assignees or agents, is
2024	violating or is about to violate any provision of this chapter,
2025	any rule adopted or order issued by the division, or any written
2026	agreement entered into with the division, and presents an
2027	immediate danger to the public requiring an immediate final
2028	order, it may issue an emergency cease and desist order reciting
2029	with particularity the facts underlying such findings. The
2030	emergency cease and desist order is effective for 90 days. If
2031	the division begins nonemergency cease and desist proceedings,
2032	the emergency cease and desist order remains effective until the
2033	conclusion of the proceedings under ss. 120.569 and 120.57.
2034	3.  The division may bring an action in circuit court on
2035	behalf of a class of unit owners, lessees, or purchasers for
2036	declaratory relief, injunctive relief, or restitution.
2037	4.  The division may petition the court for the appointment
2038	of a receiver or conservator. If appointed, the receiver or
2039	conservator may take action to implement the court order to
2040	ensure the performance of the order and to remedy any breach
2041	thereof. In addition to all other means provided by law for the
2042	enforcement of an injunction or temporary restraining order, the
2043	circuit court may impound or sequester the property of a party
2044	defendant, including books, papers, documents, and related
2045	records, and allow the examination and use of the property by
2046	the division and a court-appointed receiver or conservator.
2047	5.  The division may apply to the circuit court for an
2048	order of restitution whereby the defendant in an action brought
2049	pursuant to subparagraph 4. shall be ordered to make restitution
2050	of those sums shown by the division to have been obtained by the
2051	defendant in violation of this chapter. Such restitution shall,
2052	at the option of the court, be payable to the conservator or
2053	receiver appointed pursuant to subparagraph 4. or directly to
2054	the persons whose funds or assets were obtained in violation of
2055	this chapter.
2056	6.4.  The division may impose a civil penalty against a
2057	developer or association, or its assignee or agent, for any
2058	violation of this chapter or a rule adopted under this chapter
2059	promulgated pursuant hereto. The division may impose a civil
2060	penalty individually against any officer or board member who
2061	willfully and knowingly violates a provision of this chapter,
2062	adopted a rule adopted pursuant hereto, or a final order of the
2063	division. The term "willfully and knowingly" means that the
2064	division informed the officer or board member that his or her
2065	action or intended action violates this chapter, a rule adopted
2066	under this chapter, or a final order of the division and that
2067	the officer or board member refused to comply with the
2068	requirements of this chapter, a rule adopted under this chapter,
2069	or a final order of the division. The division, prior to
2070	initiating formal agency action under chapter 120, shall afford
2071	the officer or board member an opportunity to voluntarily comply
2072	with this chapter, a rule adopted under this chapter, or a final
2073	order of the division. An officer or board member who complies
2074	within 10 days is not subject to a civil penalty. A penalty may
2075	be imposed on the basis of each day of continuing violation, but
2076	in no event shall the penalty for any offense exceed $5,000. By
2077	January 1, 1998, the division shall adopt, by rule, penalty
2078	guidelines applicable to possible violations or to categories of
2079	violations of this chapter or rules adopted by the division. The
2080	guidelines must specify a meaningful range of civil penalties
2081	for each such violation of the statute and rules and must be
2082	based upon the harm caused by the violation, the repetition of
2083	the violation, and upon such other factors deemed relevant by
2084	the division. For example, the division may consider whether the
2085	violations were committed by a developer or owner-controlled
2086	association, the size of the association, and other factors. The
2087	guidelines must designate the possible mitigating or aggravating
2088	circumstances that justify a departure from the range of
2089	penalties provided by the rules. It is the legislative intent
2090	that minor violations be distinguished from those which endanger
2091	the health, safety, or welfare of the condominium residents or
2092	other persons and that such guidelines provide reasonable and
2093	meaningful notice to the public of likely penalties that may be
2094	imposed for proscribed conduct. This subsection does not limit
2095	the ability of the division to informally dispose of
2096	administrative actions or complaints by stipulation, agreed
2097	settlement, or consent order. All amounts collected shall be
2098	deposited with the Chief Financial Officer to the credit of the
2099	Division of Florida Land Sales, Condominiums, Timeshares, and
2100	Mobile Homes Trust Fund. If a developer fails to pay the civil
2101	penalty, the division shall thereupon issue an order directing
2102	that such developer cease and desist from further operation
2103	until such time as the civil penalty is paid or may pursue
2104	enforcement of the penalty in a court of competent jurisdiction.
2105	If an association fails to pay the civil penalty, the division
2106	shall thereupon pursue enforcement in a court of competent
2107	jurisdiction, and the order imposing the civil penalty or the
2108	cease and desist order will not become effective until 20 days
2109	after the date of such order. Any action commenced by the
2110	division shall be brought in the county in which the division
2111	has its executive offices or in the county where the violation
2112	occurred.
2113	7.  In addition to subparagraph 6., the division may seek
2114	the imposition of a civil penalty through the circuit court for
2115	any violation for which the division may issue a notice to show
2116	cause under paragraph (q). The civil penalty shall be at least
2117	$500 but no more than $5,000 for each violation. The court may
2118	also award to the prevailing party court costs and reasonable
2119	attorney's fees and, if the division prevails, may also award
2120	reasonable costs of investigation.
2121	(e)  The division may is authorized to prepare and
2122	disseminate a prospectus and other information to assist
2123	prospective owners, purchasers, lessees, and developers of
2124	residential condominiums in assessing the rights, privileges,
2125	and duties pertaining thereto.
2126	(f)  The division has authority to adopt rules pursuant to
2127	ss. 120.536(1) and 120.54 to implement and enforce the
2128	provisions of this chapter.
2129	(g)  The division shall establish procedures for providing
2130	notice to an association when the division is considering the
2131	issuance of a declaratory statement with respect to the
2132	declaration of condominium or any related document governing in
2133	such condominium community.
2134	(h)  The division shall furnish each association which pays
2135	the fees required by paragraph (2)(a) a copy of this act,
2136	subsequent changes to this act on an annual basis, an amended
2137	version of this act as it becomes available from the Secretary
2138	of State's office on a biennial basis, and the rules adopted
2139	promulgated pursuant thereto on an annual basis.
2140	(i)  The division shall annually provide each association
2141	with a summary of declaratory statements and formal legal
2142	opinions relating to the operations of condominiums which were
2143	rendered by the division during the previous year.
2144	(j)  The division shall provide training programs for
2145	condominium association board members and unit owners.
2146	(k)  The division shall maintain a toll-free telephone
2147	number accessible to condominium unit owners.
2148	(l)  The division shall develop a program to certify both
2149	volunteer and paid mediators to provide mediation of condominium
2150	disputes. The division shall provide, upon request, a list of
2151	such mediators to any association, unit owner, or other
2152	participant in arbitration proceedings under s. 718.1255
2153	requesting a copy of the list. The division shall include on the
2154	list of volunteer mediators only the names of persons who have
2155	received at least 20 hours of training in mediation techniques
2156	or who have mediated at least 20 disputes. In order to become
2157	initially certified by the division, paid mediators must be
2158	certified by the Supreme Court to mediate court cases in either
2159	county or circuit courts. However, the division may adopt, by
2160	rule, additional factors for the certification of paid
2161	mediators, which factors must be related to experience,
2162	education, or background. Any person initially certified as a
2163	paid mediator by the division must, in order to continue to be
2164	certified, comply with the factors or requirements imposed by
2165	rules adopted by the division.
2166	(m)  When a complaint is made, the division shall conduct
2167	its inquiry with due regard to the interests of the affected
2168	parties. Within 30 days after receipt of a complaint, the
2169	division shall acknowledge the complaint in writing and notify
2170	the complainant whether the complaint is within the jurisdiction
2171	of the division and whether additional information is needed by
2172	the division from the complainant. The division shall conduct
2173	its investigation and shall, within 90 days after receipt of the
2174	original complaint or of timely requested additional
2175	information, take action upon the complaint. However, the
2176	failure to complete the investigation within 90 days does not
2177	prevent the division from continuing the investigation,
2178	accepting or considering evidence obtained or received after 90
2179	days, or taking administrative action if reasonable cause exists
2180	to believe that a violation of this chapter or a rule of the
2181	division has occurred. If an investigation is not completed
2182	within the time limits established in this paragraph, the
2183	division shall, on a monthly basis, notify the complainant in
2184	writing of the status of the investigation. When reporting its
2185	action to the complainant, the division shall inform the
2186	complainant of any right to a hearing pursuant to ss. 120.569
2187	and 120.57.
2188	(n)  The division may:
2189	1.  Contract with agencies in this state or other
2190	jurisdictions to perform investigative functions; or
2191	2.  Accept grants-in-aid from any source.
2192	(o)  The division shall cooperate with similar agencies in
2193	other jurisdictions to establish uniform filing procedures and
2194	forms, public offering statements, advertising standards, and
2195	rules and common administrative practices.
2196	(p)  The division shall consider notice to a developer to
2197	be complete when it is delivered to the developer's address
2198	currently on file with the division.
2199	(q)  In addition to its enforcement authority, the division
2200	may issue a notice to show cause, which shall provide for a
2201	hearing, upon written request, in accordance with chapter 120.
2202	(2)(a)  Effective January 1, 1992, Each condominium
2203	association which operates more than two units shall pay to the
2204	division an annual fee in the amount of $4 for each residential
2205	unit in condominiums operated by the association. If the fee is
2206	not paid by March 1, then the association shall be assessed a
2207	penalty of 10 percent of the amount due, and the association
2208	will not have standing to maintain or defend any action in the
2209	courts of this state until the amount due, plus any penalty, is
2210	paid.
2211	(b)  All fees shall be deposited in the Division of Florida
2212	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2213	Fund as provided by law.
2214	Section 48.  Subsection (1) of section 718.5011, Florida
2215	Statutes, is amended to read:
2216	718.5011  Ombudsman; appointment; administration.--
2217	(1)  There is created an Office of the Condominium
2218	Ombudsman, to be located for administrative purposes within the
2219	Division of Florida Land Sales, Condominiums, Timeshares, and
2220	Mobile Homes. The functions of the office shall be funded by the
2221	Division of Florida Land Sales, Condominiums, Timeshares, and
2222	Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
2223	of the division, and the office shall be set within the division
2224	in the same manner as any other bureau is staffed and funded.
2225	Section 49.  Paragraph (a) of subsection (2) of section
2226	718.502, Florida Statutes, is amended to read:
2227	718.502  Filing prior to sale or lease.--
2228	(2)(a)  Prior to filing as required by subsection (1), and
2229	prior to acquiring an ownership, leasehold, or contractual
2230	interest in the land upon which the condominium is to be
2231	developed, a developer shall not offer a contract for purchase
2232	of a unit or lease of a unit for more than 5 years. However, the
2233	developer may accept deposits for reservations upon the approval
2234	of a fully executed escrow agreement and reservation agreement
2235	form properly filed with the Division of Florida Land Sales,
2236	Condominiums, Timeshares, and Mobile Homes. Each filing of a
2237	proposed reservation program shall be accompanied by a filing
2238	fee of $250. Reservations shall not be taken on a proposed
2239	condominium unless the developer has an ownership, leasehold, or
2240	contractual interest in the land upon which the condominium is
2241	to be developed. The division shall notify the developer within
2242	20 days of receipt of the reservation filing of any deficiencies
2243	contained therein. Such notification shall not preclude the
2244	determination of reservation filing deficiencies at a later
2245	date, nor shall it relieve the developer of any responsibility
2246	under the law. The escrow agreement and the reservation
2247	agreement form shall include a statement of the right of the
2248	prospective purchaser to an immediate unqualified refund of the
2249	reservation deposit moneys upon written request to the escrow
2250	agent by the prospective purchaser or the developer.
2251	Section 50.  Section 718.504, Florida Statutes, is amended
2252	to read:
2253	718.504  Prospectus or offering circular.--Every developer
2254	of a residential condominium which contains more than 20
2255	residential units, or which is part of a group of residential
2256	condominiums which will be served by property to be used in
2257	common by unit owners of more than 20 residential units, shall
2258	prepare a prospectus or offering circular and file it with the
2259	Division of Florida Land Sales, Condominiums, Timeshares, and
2260	Mobile Homes prior to entering into an enforceable contract of
2261	purchase and sale of any unit or lease of a unit for more than 5
2262	years and shall furnish a copy of the prospectus or offering
2263	circular to each buyer. In addition to the prospectus or
2264	offering circular, each buyer shall be furnished a separate page
2265	entitled "Frequently Asked Questions and Answers," which shall
2266	be in accordance with a format approved by the division and a
2267	copy of the financial information required by s. 718.111. This
2268	page shall, in readable language, inform prospective purchasers
2269	regarding their voting rights and unit use restrictions,
2270	including restrictions on the leasing of a unit; shall indicate
2271	whether and in what amount the unit owners or the association is
2272	obligated to pay rent or land use fees for recreational or other
2273	commonly used facilities; shall contain a statement identifying
2274	that amount of assessment which, pursuant to the budget, would
2275	be levied upon each unit type, exclusive of any special
2276	assessments, and which shall further identify the basis upon
2277	which assessments are levied, whether monthly, quarterly, or
2278	otherwise; shall state and identify any court cases in which the
2279	association is currently a party of record in which the
2280	association may face liability in excess of $100,000; and which
2281	shall further state whether membership in a recreational
2282	facilities association is mandatory, and if so, shall identify
2283	the fees currently charged per unit type. The division shall by
2284	rule require such other disclosure as in its judgment will
2285	assist prospective purchasers. The prospectus or offering
2286	circular may include more than one condominium, although not all
2287	such units are being offered for sale as of the date of the
2288	prospectus or offering circular. The prospectus or offering
2289	circular must contain the following information:
2290	(1)  The front cover or the first page must contain only:
2291	(a)  The name of the condominium.
2292	(b)  The following statements in conspicuous type:
2293	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2294	MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2295	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2296	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2297	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2298	MATERIALS.
2299	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2300	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2301	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2302	REPRESENTATIONS.
2303	(2)  Summary: The next page must contain all statements
2304	required to be in conspicuous type in the prospectus or offering
2305	circular.
2306	(3)  A separate index of the contents and exhibits of the
2307	prospectus.
2308	(4)  Beginning on the first page of the text (not including
2309	the summary and index), a description of the condominium,
2310	including, but not limited to, the following information:
2311	(a)  Its name and location.
2312	(b)  A description of the condominium property, including,
2313	without limitation:
2314	1.  The number of buildings, the number of units in each
2315	building, the number of bathrooms and bedrooms in each unit, and
2316	the total number of units, if the condominium is not a phase
2317	condominium, or the maximum number of buildings that may be
2318	contained within the condominium, the minimum and maximum
2319	numbers of units in each building, the minimum and maximum
2320	numbers of bathrooms and bedrooms that may be contained in each
2321	unit, and the maximum number of units that may be contained
2322	within the condominium, if the condominium is a phase
2323	condominium.
2324	2.  The page in the condominium documents where a copy of
2325	the plot plan and survey of the condominium is located.
2326	3.  The estimated latest date of completion of
2327	constructing, finishing, and equipping. In lieu of a date, the
2328	description shall include a statement that the estimated date of
2329	completion of the condominium is in the purchase agreement and a
2330	reference to the article or paragraph containing that
2331	information.
2332	(c)  The maximum number of units that will use facilities
2333	in common with the condominium. If the maximum number of units
2334	will vary, a description of the basis for variation and the
2335	minimum amount of dollars per unit to be spent for additional
2336	recreational facilities or enlargement of such facilities. If
2337	the addition or enlargement of facilities will result in a
2338	material increase of a unit owner's maintenance expense or
2339	rental expense, if any, the maximum increase and limitations
2340	thereon shall be stated.
2341	(5)(a)  A statement in conspicuous type describing whether
2342	the condominium is created and being sold as fee simple
2343	interests or as leasehold interests. If the condominium is
2344	created or being sold on a leasehold, the location of the lease
2345	in the disclosure materials shall be stated.
2346	(b)  If timeshare estates are or may be created with
2347	respect to any unit in the condominium, a statement in
2348	conspicuous type stating that timeshare estates are created and
2349	being sold in units in the condominium.
2350	(6)  A description of the recreational and other commonly
2351	used facilities that will be used only by unit owners of the
2352	condominium, including, but not limited to, the following:
2353	(a)  Each room and its intended purposes, location,
2354	approximate floor area, and capacity in numbers of people.
2355	(b)  Each swimming pool, as to its general location,
2356	approximate size and depths, approximate deck size and capacity,
2357	and whether heated.
2358	(c)  Additional facilities, as to the number of each
2359	facility, its approximate location, approximate size, and
2360	approximate capacity.
2361	(d)  A general description of the items of personal
2362	property and the approximate number of each item of personal
2363	property that the developer is committing to furnish for each
2364	room or other facility or, in the alternative, a representation
2365	as to the minimum amount of expenditure that will be made to
2366	purchase the personal property for the facility.
2367	(e)  The estimated date when each room or other facility
2368	will be available for use by the unit owners.
2369	(f)1.  An identification of each room or other facility to
2370	be used by unit owners that will not be owned by the unit owners
2371	or the association;
2372	2.  A reference to the location in the disclosure materials
2373	of the lease or other agreements providing for the use of those
2374	facilities; and
2375	3.  A description of the terms of the lease or other
2376	agreements, including the length of the term; the rent payable,
2377	directly or indirectly, by each unit owner, and the total rent
2378	payable to the lessor, stated in monthly and annual amounts for
2379	the entire term of the lease; and a description of any option to
2380	purchase the property leased under any such lease, including the
2381	time the option may be exercised, the purchase price or how it
2382	is to be determined, the manner of payment, and whether the
2383	option may be exercised for a unit owner's share or only as to
2384	the entire leased property.
2385	(g)  A statement as to whether the developer may provide
2386	additional facilities not described above; their general
2387	locations and types; improvements or changes that may be made;
2388	the approximate dollar amount to be expended; and the maximum
2389	additional common expense or cost to the individual unit owners
2390	that may be charged during the first annual period of operation
2391	of the modified or added facilities.
2392
2393	Descriptions as to locations, areas, capacities, numbers,
2394	volumes, or sizes may be stated as approximations or minimums.
2395	(7)  A description of the recreational and other facilities
2396	that will be used in common with other condominiums, community
2397	associations, or planned developments which require the payment
2398	of the maintenance and expenses of such facilities, either
2399	directly or indirectly, by the unit owners. The description
2400	shall include, but not be limited to, the following:
2401	(a)  Each building and facility committed to be built.
2402	(b)  Facilities not committed to be built except under
2403	certain conditions, and a statement of those conditions or
2404	contingencies.
2405	(c)  As to each facility committed to be built, or which
2406	will be committed to be built upon the happening of one of the
2407	conditions in paragraph (b), a statement of whether it will be
2408	owned by the unit owners having the use thereof or by an
2409	association or other entity which will be controlled by them, or
2410	others, and the location in the exhibits of the lease or other
2411	document providing for use of those facilities.
2412	(d)  The year in which each facility will be available for
2413	use by the unit owners or, in the alternative, the maximum
2414	number of unit owners in the project at the time each of all of
2415	the facilities is committed to be completed.
2416	(e)  A general description of the items of personal
2417	property, and the approximate number of each item of personal
2418	property, that the developer is committing to furnish for each
2419	room or other facility or, in the alternative, a representation
2420	as to the minimum amount of expenditure that will be made to
2421	purchase the personal property for the facility.
2422	(f)  If there are leases, a description thereof, including
2423	the length of the term, the rent payable, and a description of
2424	any option to purchase.
2425
2426	Descriptions shall include location, areas, capacities, numbers,
2427	volumes, or sizes and may be stated as approximations or
2428	minimums.
2429	(8)  Recreation lease or associated club membership:
2430	(a)  If any recreational facilities or other facilities
2431	offered by the developer and available to, or to be used by,
2432	unit owners are to be leased or have club membership associated,
2433	the following statement in conspicuous type shall be included:
2434	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2435	CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2436	CONDOMINIUM. There shall be a reference to the location in the
2437	disclosure materials where the recreation lease or club
2438	membership is described in detail.
2439	(b)  If it is mandatory that unit owners pay a fee, rent,
2440	dues, or other charges under a recreational facilities lease or
2441	club membership for the use of facilities, there shall be in
2442	conspicuous type the applicable statement:
2443	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2444	MANDATORY FOR UNIT OWNERS; or
2445	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2446	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2447	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2448	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2449	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2450	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2451	4.  A similar statement of the nature of the organization
2452	or the manner in which the use rights are created, and that unit
2453	owners are required to pay.
2454
2455	Immediately following the applicable statement, the location in
2456	the disclosure materials where the development is described in
2457	detail shall be stated.
2458	(c)  If the developer, or any other person other than the
2459	unit owners and other persons having use rights in the
2460	facilities, reserves, or is entitled to receive, any rent, fee,
2461	or other payment for the use of the facilities, then there shall
2462	be the following statement in conspicuous type: THE UNIT OWNERS
2463	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2464	RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
2465	following this statement, the location in the disclosure
2466	materials where the rent or land use fees are described in
2467	detail shall be stated.
2468	(d)  If, in any recreation format, whether leasehold, club,
2469	or other, any person other than the association has the right to
2470	a lien on the units to secure the payment of assessments, rent,
2471	or other exactions, there shall appear a statement in
2472	conspicuous type in substantially the following form:
2473	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2474	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2475	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2476	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2477	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2478	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2479	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2480	OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
2481	THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2482
2483	Immediately following the applicable statement, the location in
2484	the disclosure materials where the lien or lien right is
2485	described in detail shall be stated.
2486	(9)  If the developer or any other person has the right to
2487	increase or add to the recreational facilities at any time after
2488	the establishment of the condominium whose unit owners have use
2489	rights therein, without the consent of the unit owners or
2490	associations being required, there shall appear a statement in
2491	conspicuous type in substantially the following form:
2492	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2493	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2494	statement, the location in the disclosure materials where such
2495	reserved rights are described shall be stated.
2496	(10)  A statement of whether the developer's plan includes
2497	a program of leasing units rather than selling them, or leasing
2498	units and selling them subject to such leases. If so, there
2499	shall be a description of the plan, including the number and
2500	identification of the units and the provisions and term of the
2501	proposed leases, and a statement in boldfaced type that: THE
2502	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2503	(11)  The arrangements for management of the association
2504	and maintenance and operation of the condominium property and of
2505	other property that will serve the unit owners of the
2506	condominium property, and a description of the management
2507	contract and all other contracts for these purposes having a
2508	term in excess of 1 year, including the following:
2509	(a)  The names of contracting parties.
2510	(b)  The term of the contract.
2511	(c)  The nature of the services included.
2512	(d)  The compensation, stated on a monthly and annual
2513	basis, and provisions for increases in the compensation.
2514	(e)  A reference to the volumes and pages of the
2515	condominium documents and of the exhibits containing copies of
2516	such contracts.
2517
2518	Copies of all described contracts shall be attached as exhibits.
2519	If there is a contract for the management of the condominium
2520	property, then a statement in conspicuous type in substantially
2521	the following form shall appear, identifying the proposed or
2522	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2523	THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
2524	CONTRACT MANAGER). Immediately following this statement, the
2525	location in the disclosure materials of the contract for
2526	management of the condominium property shall be stated.
2527	(12)  If the developer or any other person or persons other
2528	than the unit owners has the right to retain control of the
2529	board of administration of the association for a period of time
2530	which can exceed 1 year after the closing of the sale of a
2531	majority of the units in that condominium to persons other than
2532	successors or alternate developers, then a statement in
2533	conspicuous type in substantially the following form shall be
2534	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2535	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2536	HAVE BEEN SOLD. Immediately following this statement, the
2537	location in the disclosure materials where this right to control
2538	is described in detail shall be stated.
2539	(13)  If there are any restrictions upon the sale,
2540	transfer, conveyance, or leasing of a unit, then a statement in
2541	conspicuous type in substantially the following form shall be
2542	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2543	CONTROLLED. Immediately following this statement, the location
2544	in the disclosure materials where the restriction, limitation,
2545	or control on the sale, lease, or transfer of units is described
2546	in detail shall be stated.
2547	(14)  If the condominium is part of a phase project, the
2548	following information shall be stated:
2549	(a)  A statement in conspicuous type in substantially the
2550	following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
2551	UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
2552	this statement, the location in the disclosure materials where
2553	the phasing is described shall be stated.
2554	(b)  A summary of the provisions of the declaration which
2555	provide for the phasing.
2556	(c)  A statement as to whether or not residential buildings
2557	and units which are added to the condominium may be
2558	substantially different from the residential buildings and units
2559	originally in the condominium. If the added residential
2560	buildings and units may be substantially different, there shall
2561	be a general description of the extent to which such added
2562	residential buildings and units may differ, and a statement in
2563	conspicuous type in substantially the following form shall be
2564	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
2565	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2566	UNITS IN THE CONDOMINIUM. Immediately following this statement,
2567	the location in the disclosure materials where the extent to
2568	which added residential buildings and units may substantially
2569	differ is described shall be stated.
2570	(d)  A statement of the maximum number of buildings
2571	containing units, the maximum and minimum numbers of units in
2572	each building, the maximum number of units, and the minimum and
2573	maximum square footage of the units that may be contained within
2574	each parcel of land which may be added to the condominium.
2575	(15)  If a condominium created on or after July 1, 2000, is
2576	or may become part of a multicondominium, the following
2577	information must be provided:
2578	(a)  A statement in conspicuous type in substantially the
2579	following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
2580	MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
2581	(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
2582	this statement, the location in the prospectus or offering
2583	circular and its exhibits where the multicondominium aspects of
2584	the offering are described must be stated.
2585	(b)  A summary of the provisions in the declaration,
2586	articles of incorporation, and bylaws which establish and
2587	provide for the operation of the multicondominium, including a
2588	statement as to whether unit owners in the condominium will have
2589	the right to use recreational or other facilities located or
2590	planned to be located in other condominiums operated by the same
2591	association, and the manner of sharing the common expenses
2592	related to such facilities.
2593	(c)  A statement of the minimum and maximum number of
2594	condominiums, and the minimum and maximum number of units in
2595	each of those condominiums, which will or may be operated by the
2596	association, and the latest date by which the exact number will
2597	be finally determined.
2598	(d)  A statement as to whether any of the condominiums in
2599	the multicondominium may include units intended to be used for
2600	nonresidential purposes and the purpose or purposes permitted
2601	for such use.
2602	(e)  A general description of the location and approximate
2603	acreage of any land on which any additional condominiums to be
2604	operated by the association may be located.
2605	(16)  If the condominium is created by conversion of
2606	existing improvements, the following information shall be
2607	stated:
2608	(a)  The information required by s. 718.616.
2609	(b)  A caveat that there are no express warranties unless
2610	they are stated in writing by the developer.
2611	(17)  A summary of the restrictions, if any, to be imposed
2612	on units concerning the use of any of the condominium property,
2613	including statements as to whether there are restrictions upon
2614	children and pets, and reference to the volumes and pages of the
2615	condominium documents where such restrictions are found, or if
2616	such restrictions are contained elsewhere, then a copy of the
2617	documents containing the restrictions shall be attached as an
2618	exhibit.
2619	(18)  If there is any land that is offered by the developer
2620	for use by the unit owners and that is neither owned by them nor
2621	leased to them, the association, or any entity controlled by
2622	unit owners and other persons having the use rights to such
2623	land, a statement shall be made as to how such land will serve
2624	the condominium. If any part of such land will serve the
2625	condominium, the statement shall describe the land and the
2626	nature and term of service, and the declaration or other
2627	instrument creating such servitude shall be included as an
2628	exhibit.
2629	(19)  The manner in which utility and other services,
2630	including, but not limited to, sewage and waste disposal, water
2631	supply, and storm drainage, will be provided and the person or
2632	entity furnishing them.
2633	(20)  An explanation of the manner in which the
2634	apportionment of common expenses and ownership of the common
2635	elements has been determined.
2636	(21)  An estimated operating budget for the condominium and
2637	the association, and a schedule of the unit owner's expenses
2638	shall be attached as an exhibit and shall contain the following
2639	information:
2640	(a)  The estimated monthly and annual expenses of the
2641	condominium and the association that are collected from unit
2642	owners by assessments.
2643	(b)  The estimated monthly and annual expenses of each unit
2644	owner for a unit, other than common expenses paid by all unit
2645	owners, payable by the unit owner to persons or entities other
2646	than the association, as well as to the association, including
2647	fees assessed pursuant to s. 718.113(1) for maintenance of
2648	limited common elements where such costs are shared only by
2649	those entitled to use the limited common element, and the total
2650	estimated monthly and annual expense. There may be excluded from
2651	this estimate expenses which are not provided for or
2652	contemplated by the condominium documents, including, but not
2653	limited to, the costs of private telephone; maintenance of the
2654	interior of condominium units, which is not the obligation of
2655	the association; maid or janitorial services privately
2656	contracted for by the unit owners; utility bills billed directly
2657	to each unit owner for utility services to his or her unit;
2658	insurance premiums other than those incurred for policies
2659	obtained by the condominium; and similar personal expenses of
2660	the unit owner. A unit owner's estimated payments for
2661	assessments shall also be stated in the estimated amounts for
2662	the times when they will be due.
2663	(c)  The estimated items of expenses of the condominium and
2664	the association, except as excluded under paragraph (b),
2665	including, but not limited to, the following items, which shall
2666	be stated either as an association expense collectible by
2667	assessments or as unit owners' expenses payable to persons other
2668	than the association:
2669	1.  Expenses for the association and condominium:
2670	a.  Administration of the association.
2671	b.  Management fees.
2672	c.  Maintenance.
2673	d.  Rent for recreational and other commonly used
2674	facilities.
2675	e.  Taxes upon association property.
2676	f.  Taxes upon leased areas.
2677	g.  Insurance.
2678	h.  Security provisions.
2679	i.  Other expenses.
2680	j.  Operating capital.
2681	k.  Reserves.
2682	l.  Fees payable to the division.
2683	2.  Expenses for a unit owner:
2684	a.  Rent for the unit, if subject to a lease.
2685	b.  Rent payable by the unit owner directly to the lessor
2686	or agent under any recreational lease or lease for the use of
2687	commonly used facilities, which use and payment is a mandatory
2688	condition of ownership and is not included in the common expense
2689	or assessments for common maintenance paid by the unit owners to
2690	the association.
2691	(d)  The following statement in conspicuous type: THE
2692	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2693	ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
2694	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2695	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2696	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2697	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
2698	THE OFFERING.
2699	(e)  Each budget for an association prepared by a developer
2700	consistent with this subsection shall be prepared in good faith
2701	and shall reflect accurate estimated amounts for the required
2702	items in paragraph (c) at the time of the filing of the offering
2703	circular with the division, and subsequent increased amounts of
2704	any item included in the association's estimated budget that are
2705	beyond the control of the developer shall not be considered an
2706	amendment that would give rise to rescission rights set forth in
2707	s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2708	or otherwise affect any guarantee of the developer contained in
2709	the offering circular or any purchase contract. It is the intent
2710	of this paragraph to clarify existing law.
2711	(f)  The estimated amounts shall be stated for a period of
2712	at least 12 months and may distinguish between the period prior
2713	to the time unit owners other than the developer elect a
2714	majority of the board of administration and the period after
2715	that date.
2716	(22)  A schedule of estimated closing expenses to be paid
2717	by a buyer or lessee of a unit and a statement of whether title
2718	opinion or title insurance policy is available to the buyer and,
2719	if so, at whose expense.
2720	(23)  The identity of the developer and the chief operating
2721	officer or principal directing the creation and sale of the
2722	condominium and a statement of its and his or her experience in
2723	this field.
2724	(24)  Copies of the following, to the extent they are
2725	applicable, shall be included as exhibits:
2726	(a)  The declaration of condominium, or the proposed
2727	declaration if the declaration has not been recorded.
2728	(b)  The articles of incorporation creating the
2729	association.
2730	(c)  The bylaws of the association.
2731	(d)  The ground lease or other underlying lease of the
2732	condominium.
2733	(e)  The management agreement and all maintenance and other
2734	contracts for management of the association and operation of the
2735	condominium and facilities used by the unit owners having a
2736	service term in excess of 1 year.
2737	(f)  The estimated operating budget for the condominium and
2738	the required schedule of unit owners' expenses.
2739	(g)  A copy of the floor plan of the unit and the plot plan
2740	showing the location of the residential buildings and the
2741	recreation and other common areas.
2742	(h)  The lease of recreational and other facilities that
2743	will be used only by unit owners of the subject condominium.
2744	(i)  The lease of facilities used by owners and others.
2745	(j)  The form of unit lease, if the offer is of a
2746	leasehold.
2747	(k)  A declaration of servitude of properties serving the
2748	condominium but not owned by unit owners or leased to them or
2749	the association.
2750	(l)  The statement of condition of the existing building or
2751	buildings, if the offering is of units in an operation being
2752	converted to condominium ownership.
2753	(m)  The statement of inspection for termite damage and
2754	treatment of the existing improvements, if the condominium is a
2755	conversion.
2756	(n)  The form of agreement for sale or lease of units.
2757	(o)  A copy of the agreement for escrow of payments made to
2758	the developer prior to closing.
2759	(p)  A copy of the documents containing any restrictions on
2760	use of the property required by subsection (17).
2761	(25)  Any prospectus or offering circular complying, prior
2762	to the effective date of this act, with the provisions of former
2763	ss. 711.69 and 711.802 may continue to be used without amendment
2764	or may be amended to comply with the provisions of this chapter.
2765	(26)  A brief narrative description of the location and
2766	effect of all existing and intended easements located or to be
2767	located on the condominium property other than those described
2768	in the declaration.
2769	(27)  If the developer is required by state or local
2770	authorities to obtain acceptance or approval of any dock or
2771	marina facilities intended to serve the condominium, a copy of
2772	any such acceptance or approval acquired by the time of filing
2773	with the division under s. 718.502(1) or a statement that such
2774	acceptance or approval has not been acquired or received.
2775	(28)  Evidence demonstrating that the developer has an
2776	ownership, leasehold, or contractual interest in the land upon
2777	which the condominium is to be developed.
2778	Section 51.  Section 718.508, Florida Statutes, is amended
2779	to read:
2780	718.508  Regulation by Division of Hotels and
2781	Restaurants.--In addition to the authority, regulation, or
2782	control exercised by the Division of Florida Land Sales,
2783	Condominiums, Timeshares, and Mobile Homes pursuant to this act
2784	with respect to condominiums, buildings included in a
2785	condominium property are shall be subject to the authority,
2786	regulation, or control of the Division of Hotels and Restaurants
2787	of the Department of Business and Professional Regulation, to
2788	the extent provided for in chapter 399.
2789	Section 52.  Section 718.509, Florida Statutes, is amended,
2790	and section 498.019, Florida Statutes, is transferred,
2791	renumbered as subsections (1) and (2) of that section, and
2792	amended to read:
2793	718.509  Division of Florida Land Sales, Condominiums,
2794	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
2795	the division and any amount paid for a fee or penalty under this
2796	chapter shall be deposited in the State Treasury to the credit
2797	of the Division of Florida Land Sales, Condominiums, and Mobile
2798	Homes Trust Fund created by s. 498.019.
2799	498.019  Division of Florida Land Sales, Condominiums, and
2800	Mobile Homes Trust Fund.--
2801	(1)  There is created within the State Treasury the
2802	Division of Florida Land Sales, Condominiums, Timeshares, and
2803	Mobile Homes Trust Fund to be used for the administration and
2804	operation of this chapter and chapters 718, 719, 721, and 723 by
2805	the division.
2806	(2)  All moneys collected by the division from fees, fines,
2807	or penalties or from costs awarded to the division by a court or
2808	administrative final order shall be paid into the Division of
2809	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2810	Trust Fund. The Legislature shall appropriate funds from this
2811	trust fund sufficient to carry out the provisions of this
2812	chapter and the provisions of law with respect to each category
2813	of business covered by the this trust fund. The division shall
2814	maintain separate revenue accounts in the trust fund for each of
2815	the businesses regulated by the division. The division shall
2816	provide for the proportionate allocation among the accounts of
2817	expenses incurred by the division in the performance of its
2818	duties with respect to each of these businesses. As part of its
2819	normal budgetary process, the division shall prepare an annual
2820	report of revenue and allocated expenses related to the
2821	operation of each of these businesses which may be used to
2822	determine fees charged by the division. This subsection shall
2823	operate pursuant to the provisions of s. 215.20.
2824	Section 53.  Paragraph (a) of subsection (2) of section
2825	718.608, Florida Statutes, is amended to read:
2826	718.608  Notice of intended conversion; time of delivery;
2827	content.--
2828	(2)(a)  Each notice of intended conversion shall be dated
2829	and in writing. The notice shall contain the following
2830	statement, with the phrases of the following statement which
2831	appear in upper case printed in conspicuous type:
2832
2833	These apartments are being converted to condominium by
2834	(name of developer)  , the developer.
2835	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2836	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2837	AGREEMENT AS FOLLOWS:
2838	a.  If you have continuously been a resident of these
2839	apartments during the last 180 days and your rental agreement
2840	expires during the next 270 days, you may extend your rental
2841	agreement for up to 270 days after the date of this notice.
2842	b.  If you have not been a continuous resident of these
2843	apartments for the last 180 days and your rental agreement
2844	expires during the next 180 days, you may extend your rental
2845	agreement for up to 180 days after the date of this notice.
2846	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2847	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2848	DATE OF THIS NOTICE.
2849	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2850	you may extend your rental agreement for up to 45 days after the
2851	date of this notice while you decide whether to extend your
2852	rental agreement as explained above. To do so, you must notify
2853	the developer in writing. You will then have the full 45 days to
2854	decide whether to extend your rental agreement as explained
2855	above.
2856	3.  During the extension of your rental agreement you will
2857	be charged the same rent that you are now paying.
2858	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2859	OF THE RENTAL AGREEMENT AS FOLLOWS:
2860	a.  If your rental agreement began or was extended or
2861	renewed after May 1, 1980, and your rental agreement, including
2862	extensions and renewals, has an unexpired term of 180 days or
2863	less, you may cancel your rental agreement upon 30 days' written
2864	notice and move. Also, upon 30 days' written notice, you may
2865	cancel any extension of the rental agreement.
2866	b.  If your rental agreement was not begun or was not
2867	extended or renewed after May 1, 1980, you may not cancel the
2868	rental agreement without the consent of the developer. If your
2869	rental agreement, including extensions and renewals, has an
2870	unexpired term of 180 days or less, you may, however, upon 30
2871	days' written notice cancel any extension of the rental
2872	agreement.
2873	5.  All notices must be given in writing and sent by mail,
2874	return receipt requested, or delivered in person to the
2875	developer at this address:   (name and address of developer)  .
2876	6.  If you have continuously been a resident of these
2877	apartments during the last 180 days:
2878	a.  You have the right to purchase your apartment and will
2879	have 45 days to decide whether to purchase. If you do not buy
2880	the unit at that price and the unit is later offered at a lower
2881	price, you will have the opportunity to buy the unit at the
2882	lower price. However, in all events your right to purchase the
2883	unit ends when the rental agreement or any extension of the
2884	rental agreement ends or when you waive this right in writing.
2885	b.  Within 90 days you will be provided purchase
2886	information relating to your apartment, including the price of
2887	your unit and the condition of the building. If you do not
2888	receive this information within 90 days, your rental agreement
2889	and any extension will be extended 1 day for each day over 90
2890	days until you are given the purchase information. If you do not
2891	want this rental agreement extension, you must notify the
2892	developer in writing.
2893	7.  If you have any questions regarding this conversion or
2894	the Condominium Act, you may contact the developer or the state
2895	agency which regulates condominiums: The Division of Florida
2896	Land Sales, Condominiums, Timeshares, and Mobile Homes,
2897	(Tallahassee address and telephone number of division)  .
2898	Section 54.  Subsection (17) of section 719.103, Florida
2899	Statutes, is amended to read:
2900	719.103  Definitions.--As used in this chapter:
2901	(17)  "Division" means the Division of Florida Land Sales,
2902	Condominiums, Timeshares, and Mobile Homes of the Department of
2903	Business and Professional Regulation.
2904	Section 55.  Section 719.1255, Florida Statutes, is amended
2905	to read:
2906	719.1255  Alternative resolution of disputes.--The Division
2907	of Florida Land Sales, Condominiums, Timeshares, and Mobile
2908	Homes of the Department of Business and Professional Regulation
2909	shall provide for alternative dispute resolution in accordance
2910	with s. 718.1255.
2911	Section 56.  Section 719.501, Florida Statutes, is amended
2912	to read:
2913	719.501  Powers and duties of Division of Florida Land
2914	Sales, Condominiums, Timeshares, and Mobile Homes.--
2915	(1)  The Division of Florida Land Sales, Condominiums,
2916	Timeshares, and Mobile Homes of the Department of Business and
2917	Professional Regulation, referred to as the "division" in this
2918	part, in addition to other powers and duties prescribed by
2919	chapter 718 498, has the power to enforce and ensure compliance
2920	with the provisions of this chapter and adopted rules
2921	promulgated pursuant hereto relating to the development,
2922	construction, sale, lease, ownership, operation, and management
2923	of residential cooperative units. In performing its duties, the
2924	division shall have the following powers and duties:
2925	(a)  The division may make necessary public or private
2926	investigations within or outside this state to determine whether
2927	any person has violated this chapter or any rule or order
2928	hereunder, to aid in the enforcement of this chapter, or to aid
2929	in the adoption of rules or forms hereunder.
2930	(b)  The division may require or permit any person to file
2931	a statement in writing, under oath or otherwise, as the division
2932	determines, as to the facts and circumstances concerning a
2933	matter to be investigated.
2934	(c)  For the purpose of any investigation under this
2935	chapter, the division director or any officer or employee
2936	designated by the division director may administer oaths or
2937	affirmations, subpoena witnesses and compel their attendance,
2938	take evidence, and require the production of any matter which is
2939	relevant to the investigation, including the existence,
2940	description, nature, custody, condition, and location of any
2941	books, documents, or other tangible things and the identity and
2942	location of persons having knowledge of relevant facts or any
2943	other matter reasonably calculated to lead to the discovery of
2944	material evidence. Upon failure by a person to obey a subpoena
2945	or to answer questions propounded by the investigating officer
2946	and upon reasonable notice to all persons affected thereby, the
2947	division may apply to the circuit court for an order compelling
2948	compliance.
2949	(d)  Notwithstanding any remedies available to unit owners
2950	and associations, if the division has reasonable cause to
2951	believe that a violation of any provision of this chapter or
2952	related rule promulgated pursuant hereto has occurred, the
2953	division may institute enforcement proceedings in its own name
2954	against a developer, association, officer, or member of the
2955	board, or its assignees or agents, as follows:
2956	1.  The division may permit a person whose conduct or
2957	actions may be under investigation to waive formal proceedings
2958	and enter into a consent proceeding whereby orders, rules, or
2959	letters of censure or warning, whether formal or informal, may
2960	be entered against the person.
2961	2.  The division may issue an order requiring the
2962	developer, association, officer, or member of the board, or its
2963	assignees or agents, to cease and desist from the unlawful
2964	practice and take such affirmative action as in the judgment of
2965	the division will carry out the purposes of this chapter. Such
2966	affirmative action may include, but is not limited to, an order
2967	requiring a developer to pay moneys determined to be owed to a
2968	condominium association.
2969	3.  The division may bring an action in circuit court on
2970	behalf of a class of unit owners, lessees, or purchasers for
2971	declaratory relief, injunctive relief, or restitution.
2972	4.  The division may impose a civil penalty against a
2973	developer or association, or its assignees or agents, for any
2974	violation of this chapter or related a rule promulgated pursuant
2975	hereto. The division may impose a civil penalty individually
2976	against any officer or board member who willfully and knowingly
2977	violates a provision of this chapter, a rule adopted pursuant to
2978	this chapter, or a final order of the division. The term
2979	"willfully and knowingly" means that the division informed the
2980	officer or board member that his or her action or intended
2981	action violates this chapter, a rule adopted under this chapter,
2982	or a final order of the division, and that the officer or board
2983	member refused to comply with the requirements of this chapter,
2984	a rule adopted under this chapter, or a final order of the
2985	division. The division, prior to initiating formal agency action
2986	under chapter 120, shall afford the officer or board member an
2987	opportunity to voluntarily comply with this chapter, a rule
2988	adopted under this chapter, or a final order of the division. An
2989	officer or board member who complies within 10 days is not
2990	subject to a civil penalty. A penalty may be imposed on the
2991	basis of each day of continuing violation, but in no event shall
2992	the penalty for any offense exceed $5,000. By January 1, 1998,
2993	the division shall adopt, by rule, penalty guidelines applicable
2994	to possible violations or to categories of violations of this
2995	chapter or rules adopted by the division. The guidelines must
2996	specify a meaningful range of civil penalties for each such
2997	violation of the statute and rules and must be based upon the
2998	harm caused by the violation, the repetition of the violation,
2999	and upon such other factors deemed relevant by the division. For
3000	example, the division may consider whether the violations were
3001	committed by a developer or owner-controlled association, the
3002	size of the association, and other factors. The guidelines must
3003	designate the possible mitigating or aggravating circumstances
3004	that justify a departure from the range of penalties provided by
3005	the rules. It is the legislative intent that minor violations be
3006	distinguished from those which endanger the health, safety, or
3007	welfare of the cooperative residents or other persons and that
3008	such guidelines provide reasonable and meaningful notice to the
3009	public of likely penalties that may be imposed for proscribed
3010	conduct. This subsection does not limit the ability of the
3011	division to informally dispose of administrative actions or
3012	complaints by stipulation, agreed settlement, or consent order.
3013	All amounts collected shall be deposited with the Chief
3014	Financial Officer to the credit of the Division of Florida Land
3015	Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
3016	a developer fails to pay the civil penalty, the division shall
3017	thereupon issue an order directing that such developer cease and
3018	desist from further operation until such time as the civil
3019	penalty is paid or may pursue enforcement of the penalty in a
3020	court of competent jurisdiction. If an association fails to pay
3021	the civil penalty, the division shall thereupon pursue
3022	enforcement in a court of competent jurisdiction, and the order
3023	imposing the civil penalty or the cease and desist order shall
3024	not become effective until 20 days after the date of such order.
3025	Any action commenced by the division shall be brought in the
3026	county in which the division has its executive offices or in the
3027	county where the violation occurred.
3028	(e)  The division may is authorized to prepare and
3029	disseminate a prospectus and other information to assist
3030	prospective owners, purchasers, lessees, and developers of
3031	residential cooperatives in assessing the rights, privileges,
3032	and duties pertaining thereto.
3033	(f)  The division has authority to adopt rules pursuant to
3034	ss. 120.536(1) and 120.54 to implement and enforce the
3035	provisions of this chapter.
3036	(g)  The division shall establish procedures for providing
3037	notice to an association when the division is considering the
3038	issuance of a declaratory statement with respect to the
3039	cooperative documents governing such cooperative community.
3040	(h)  The division shall furnish each association which pays
3041	the fees required by paragraph (2)(a) a copy of this act,
3042	subsequent changes to this act on an annual basis, an amended
3043	version of this act as it becomes available from the Secretary
3044	of State's office on a biennial basis, and the rules adopted
3045	promulgated pursuant thereto on an annual basis.
3046	(i)  The division shall annually provide each association
3047	with a summary of declaratory statements and formal legal
3048	opinions relating to the operations of cooperatives which were
3049	rendered by the division during the previous year.
3050	(j)  The division shall adopt uniform accounting
3051	principles, policies, and standards to be used by all
3052	associations in the preparation and presentation of all
3053	financial statements required by this chapter. The principles,
3054	policies, and standards shall take into consideration the size
3055	of the association and the total revenue collected by the
3056	association.
3057	(k)  The division shall provide training programs for
3058	cooperative association board members and unit owners.
3059	(l)  The division shall maintain a toll-free telephone
3060	number accessible to cooperative unit owners.
3061	(m)  When a complaint is made to the division, the division
3062	shall conduct its inquiry with reasonable dispatch and with due
3063	regard to the interests of the affected parties. Within 30 days
3064	after receipt of a complaint, the division shall acknowledge the
3065	complaint in writing and notify the complainant whether the
3066	complaint is within the jurisdiction of the division and whether
3067	additional information is needed by the division from the
3068	complainant. The division shall conduct its investigation and
3069	shall, within 90 days after receipt of the original complaint or
3070	timely requested additional information, take action upon the
3071	complaint. However, the failure to complete the investigation
3072	within 90 days does not prevent the division from continuing the
3073	investigation, accepting or considering evidence obtained or
3074	received after 90 days, or taking administrative action if
3075	reasonable cause exists to believe that a violation of this
3076	chapter or a rule of the division has occurred. If an
3077	investigation is not completed within the time limits
3078	established in this paragraph, the division shall, on a monthly
3079	basis, notify the complainant in writing of the status of the
3080	investigation. When reporting its action to the complainant, the
3081	division shall inform the complainant of any right to a hearing
3082	pursuant to ss. 120.569 and 120.57.
3083	(n)  The division shall develop a program to certify both
3084	volunteer and paid mediators to provide mediation of cooperative
3085	disputes. The division shall provide, upon request, a list of
3086	such mediators to any association, unit owner, or other
3087	participant in arbitration proceedings under s. 718.1255
3088	requesting a copy of the list. The division shall include on the
3089	list of voluntary mediators only persons who have received at
3090	least 20 hours of training in mediation techniques or have
3091	mediated at least 20 disputes. In order to become initially
3092	certified by the division, paid mediators must be certified by
3093	the Supreme Court to mediate court cases in either county or
3094	circuit courts. However, the division may adopt, by rule,
3095	additional factors for the certification of paid mediators,
3096	which factors must be related to experience, education, or
3097	background. Any person initially certified as a paid mediator by
3098	the division must, in order to continue to be certified, comply
3099	with the factors or requirements imposed by rules adopted by the
3100	division.
3101	(2)(a)  Each cooperative association shall pay to the
3102	division, on or before January 1 of each year, an annual fee in
3103	the amount of $4 for each residential unit in cooperatives
3104	operated by the association. If the fee is not paid by March 1,
3105	then the association shall be assessed a penalty of 10 percent
3106	of the amount due, and the association shall not have the
3107	standing to maintain or defend any action in the courts of this
3108	state until the amount due is paid.
3109	(b)  All fees shall be deposited in the Division of Florida
3110	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3111	Fund as provided by law.
3112	Section 57.  Paragraph (a) of subsection (2) of section
3113	719.502, Florida Statutes, is amended to read:
3114	719.502  Filing prior to sale or lease.--
3115	(2)(a)  Prior to filing as required by subsection (1), and
3116	prior to acquiring an ownership, leasehold, or contractual
3117	interest in the land upon which the cooperative is to be
3118	developed, a developer shall not offer a contract for purchase
3119	or lease of a unit for more than 5 years. However, the developer
3120	may accept deposits for reservations upon the approval of a
3121	fully executed escrow agreement and reservation agreement form
3122	properly filed with the Division of Florida Land Sales,
3123	Condominiums, Timeshares, and Mobile Homes. Each filing of a
3124	proposed reservation program shall be accompanied by a filing
3125	fee of $250. Reservations shall not be taken on a proposed
3126	cooperative unless the developer has an ownership, leasehold, or
3127	contractual interest in the land upon which the cooperative is
3128	to be developed. The division shall notify the developer within
3129	20 days of receipt of the reservation filing of any deficiencies
3130	contained therein. Such notification shall not preclude the
3131	determination of reservation filing deficiencies at a later
3132	date, nor shall it relieve the developer of any responsibility
3133	under the law. The escrow agreement and the reservation
3134	agreement form shall include a statement of the right of the
3135	prospective purchaser to an immediate unqualified refund of the
3136	reservation deposit moneys upon written request to the escrow
3137	agent by the prospective purchaser or the developer.
3138	Section 58.  Section 719.504, Florida Statutes, is amended
3139	to read:
3140	719.504  Prospectus or offering circular.--Every developer
3141	of a residential cooperative which contains more than 20
3142	residential units, or which is part of a group of residential
3143	cooperatives which will be served by property to be used in
3144	common by unit owners of more than 20 residential units, shall
3145	prepare a prospectus or offering circular and file it with the
3146	Division of Florida Land Sales, Condominiums, Timeshares, and
3147	Mobile Homes prior to entering into an enforceable contract of
3148	purchase and sale of any unit or lease of a unit for more than 5
3149	years and shall furnish a copy of the prospectus or offering
3150	circular to each buyer. In addition to the prospectus or
3151	offering circular, each buyer shall be furnished a separate page
3152	entitled "Frequently Asked Questions and Answers," which must be
3153	in accordance with a format approved by the division. This page
3154	must, in readable language: inform prospective purchasers
3155	regarding their voting rights and unit use restrictions,
3156	including restrictions on the leasing of a unit; indicate
3157	whether and in what amount the unit owners or the association is
3158	obligated to pay rent or land use fees for recreational or other
3159	commonly used facilities; contain a statement identifying that
3160	amount of assessment which, pursuant to the budget, would be
3161	levied upon each unit type, exclusive of any special
3162	assessments, and which identifies the basis upon which
3163	assessments are levied, whether monthly, quarterly, or
3164	otherwise; state and identify any court cases in which the
3165	association is currently a party of record in which the
3166	association may face liability in excess of $100,000; and state
3167	whether membership in a recreational facilities association is
3168	mandatory and, if so, identify the fees currently charged per
3169	unit type. The division shall by rule require such other
3170	disclosure as in its judgment will assist prospective
3171	purchasers. The prospectus or offering circular may include more
3172	than one cooperative, although not all such units are being
3173	offered for sale as of the date of the prospectus or offering
3174	circular. The prospectus or offering circular must contain the
3175	following information:
3176	(1)  The front cover or the first page must contain only:
3177	(a)  The name of the cooperative.
3178	(b)  The following statements in conspicuous type:
3179	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
3180	MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
3181	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
3182	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
3183	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
3184	MATERIALS.
3185	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
3186	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
3187	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
3188	REPRESENTATIONS.
3189	(2)  Summary: The next page must contain all statements
3190	required to be in conspicuous type in the prospectus or offering
3191	circular.
3192	(3)  A separate index of the contents and exhibits of the
3193	prospectus.
3194	(4)  Beginning on the first page of the text (not including
3195	the summary and index), a description of the cooperative,
3196	including, but not limited to, the following information:
3197	(a)  Its name and location.
3198	(b)  A description of the cooperative property, including,
3199	without limitation:
3200	1.  The number of buildings, the number of units in each
3201	building, the number of bathrooms and bedrooms in each unit, and
3202	the total number of units, if the cooperative is not a phase
3203	cooperative; or, if the cooperative is a phase cooperative, the
3204	maximum number of buildings that may be contained within the
3205	cooperative, the minimum and maximum number of units in each
3206	building, the minimum and maximum number of bathrooms and
3207	bedrooms that may be contained in each unit, and the maximum
3208	number of units that may be contained within the cooperative.
3209	2.  The page in the cooperative documents where a copy of
3210	the survey and plot plan of the cooperative is located.
3211	3.  The estimated latest date of completion of
3212	constructing, finishing, and equipping. In lieu of a date, a
3213	statement that the estimated date of completion of the
3214	cooperative is in the purchase agreement and a reference to the
3215	article or paragraph containing that information.
3216	(c)  The maximum number of units that will use facilities
3217	in common with the cooperative. If the maximum number of units
3218	will vary, a description of the basis for variation and the
3219	minimum amount of dollars per unit to be spent for additional
3220	recreational facilities or enlargement of such facilities. If
3221	the addition or enlargement of facilities will result in a
3222	material increase of a unit owner's maintenance expense or
3223	rental expense, if any, the maximum increase and limitations
3224	thereon shall be stated.
3225	(5)(a)  A statement in conspicuous type describing whether
3226	the cooperative is created and being sold as fee simple
3227	interests or as leasehold interests. If the cooperative is
3228	created or being sold on a leasehold, the location of the lease
3229	in the disclosure materials shall be stated.
3230	(b)  If timeshare estates are or may be created with
3231	respect to any unit in the cooperative, a statement in
3232	conspicuous type stating that timeshare estates are created and
3233	being sold in such specified units in the cooperative.
3234	(6)  A description of the recreational and other common
3235	areas that will be used only by unit owners of the cooperative,
3236	including, but not limited to, the following:
3237	(a)  Each room and its intended purposes, location,
3238	approximate floor area, and capacity in numbers of people.
3239	(b)  Each swimming pool, as to its general location,
3240	approximate size and depths, approximate deck size and capacity,
3241	and whether heated.
3242	(c)  Additional facilities, as to the number of each
3243	facility, its approximate location, approximate size, and
3244	approximate capacity.
3245	(d)  A general description of the items of personal
3246	property and the approximate number of each item of personal
3247	property that the developer is committing to furnish for each
3248	room or other facility or, in the alternative, a representation
3249	as to the minimum amount of expenditure that will be made to
3250	purchase the personal property for the facility.
3251	(e)  The estimated date when each room or other facility
3252	will be available for use by the unit owners.
3253	(f)1.  An identification of each room or other facility to
3254	be used by unit owners that will not be owned by the unit owners
3255	or the association;
3256	2.  A reference to the location in the disclosure materials
3257	of the lease or other agreements providing for the use of those
3258	facilities; and
3259	3.  A description of the terms of the lease or other
3260	agreements, including the length of the term; the rent payable,
3261	directly or indirectly, by each unit owner, and the total rent
3262	payable to the lessor, stated in monthly and annual amounts for
3263	the entire term of the lease; and a description of any option to
3264	purchase the property leased under any such lease, including the
3265	time the option may be exercised, the purchase price or how it
3266	is to be determined, the manner of payment, and whether the
3267	option may be exercised for a unit owner's share or only as to
3268	the entire leased property.
3269	(g)  A statement as to whether the developer may provide
3270	additional facilities not described above, their general
3271	locations and types, improvements or changes that may be made,
3272	the approximate dollar amount to be expended, and the maximum
3273	additional common expense or cost to the individual unit owners
3274	that may be charged during the first annual period of operation
3275	of the modified or added facilities.
3276
3277	Descriptions as to locations, areas, capacities, numbers,
3278	volumes, or sizes may be stated as approximations or minimums.
3279	(7)  A description of the recreational and other facilities
3280	that will be used in common with other cooperatives, community
3281	associations, or planned developments which require the payment
3282	of the maintenance and expenses of such facilities, either
3283	directly or indirectly, by the unit owners. The description
3284	shall include, but not be limited to, the following:
3285	(a)  Each building and facility committed to be built.
3286	(b)  Facilities not committed to be built except under
3287	certain conditions, and a statement of those conditions or
3288	contingencies.
3289	(c)  As to each facility committed to be built, or which
3290	will be committed to be built upon the happening of one of the
3291	conditions in paragraph (b), a statement of whether it will be
3292	owned by the unit owners having the use thereof or by an
3293	association or other entity which will be controlled by them, or
3294	others, and the location in the exhibits of the lease or other
3295	document providing for use of those facilities.
3296	(d)  The year in which each facility will be available for
3297	use by the unit owners or, in the alternative, the maximum
3298	number of unit owners in the project at the time each of all of
3299	the facilities is committed to be completed.
3300	(e)  A general description of the items of personal
3301	property, and the approximate number of each item of personal
3302	property, that the developer is committing to furnish for each
3303	room or other facility or, in the alternative, a representation
3304	as to the minimum amount of expenditure that will be made to
3305	purchase the personal property for the facility.
3306	(f)  If there are leases, a description thereof, including
3307	the length of the term, the rent payable, and a description of
3308	any option to purchase.
3309
3310	Descriptions shall include location, areas, capacities, numbers,
3311	volumes, or sizes and may be stated as approximations or
3312	minimums.
3313	(8)  Recreation lease or associated club membership:
3314	(a)  If any recreational facilities or other common areas
3315	offered by the developer and available to, or to be used by,
3316	unit owners are to be leased or have club membership associated,
3317	the following statement in conspicuous type shall be included:
3318	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
3319	COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
3320	COOPERATIVE. There shall be a reference to the location in the
3321	disclosure materials where the recreation lease or club
3322	membership is described in detail.
3323	(b)  If it is mandatory that unit owners pay a fee, rent,
3324	dues, or other charges under a recreational facilities lease or
3325	club membership for the use of facilities, there shall be in
3326	conspicuous type the applicable statement:
3327	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
3328	MANDATORY FOR UNIT OWNERS; or
3329	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
3330	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3331	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
3332	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
3333	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
3334	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
3335	4.  A similar statement of the nature of the organization
3336	or manner in which the use rights are created, and that unit
3337	owners are required to pay.
3338
3339	Immediately following the applicable statement, the location in
3340	the disclosure materials where the development is described in
3341	detail shall be stated.
3342	(c)  If the developer, or any other person other than the
3343	unit owners and other persons having use rights in the
3344	facilities, reserves, or is entitled to receive, any rent, fee,
3345	or other payment for the use of the facilities, then there shall
3346	be the following statement in conspicuous type: THE UNIT OWNERS
3347	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
3348	RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
3349	statement, the location in the disclosure materials where the
3350	rent or land use fees are described in detail shall be stated.
3351	(d)  If, in any recreation format, whether leasehold, club,
3352	or other, any person other than the association has the right to
3353	a lien on the units to secure the payment of assessments, rent,
3354	or other exactions, there shall appear a statement in
3355	conspicuous type in substantially the following form:
3356	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3357	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
3358	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
3359	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
3360	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3361	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
3362	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
3363	OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
3364	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
3365
3366	Immediately following the applicable statement, the location in
3367	the disclosure materials where the lien or lien right is
3368	described in detail shall be stated.
3369	(9)  If the developer or any other person has the right to
3370	increase or add to the recreational facilities at any time after
3371	the establishment of the cooperative whose unit owners have use
3372	rights therein, without the consent of the unit owners or
3373	associations being required, there shall appear a statement in
3374	conspicuous type in substantially the following form:
3375	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
3376	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
3377	statement, the location in the disclosure materials where such
3378	reserved rights are described shall be stated.
3379	(10)  A statement of whether the developer's plan includes
3380	a program of leasing units rather than selling them, or leasing
3381	units and selling them subject to such leases. If so, there
3382	shall be a description of the plan, including the number and
3383	identification of the units and the provisions and term of the
3384	proposed leases, and a statement in boldfaced type that: THE
3385	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
3386	(11)  The arrangements for management of the association
3387	and maintenance and operation of the cooperative property and of
3388	other property that will serve the unit owners of the
3389	cooperative property, and a description of the management
3390	contract and all other contracts for these purposes having a
3391	term in excess of 1 year, including the following:
3392	(a)  The names of contracting parties.
3393	(b)  The term of the contract.
3394	(c)  The nature of the services included.
3395	(d)  The compensation, stated on a monthly and annual
3396	basis, and provisions for increases in the compensation.
3397	(e)  A reference to the volumes and pages of the
3398	cooperative documents and of the exhibits containing copies of
3399	such contracts.
3400
3401	Copies of all described contracts shall be attached as exhibits.
3402	If there is a contract for the management of the cooperative
3403	property, then a statement in conspicuous type in substantially
3404	the following form shall appear, identifying the proposed or
3405	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
3406	THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
3407	CONTRACT MANAGER). Immediately following this statement, the
3408	location in the disclosure materials of the contract for
3409	management of the cooperative property shall be stated.
3410	(12)  If the developer or any other person or persons other
3411	than the unit owners has the right to retain control of the
3412	board of administration of the association for a period of time
3413	which can exceed 1 year after the closing of the sale of a
3414	majority of the units in that cooperative to persons other than
3415	successors or alternate developers, then a statement in
3416	conspicuous type in substantially the following form shall be
3417	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
3418	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
3419	HAVE BEEN SOLD. Immediately following this statement, the
3420	location in the disclosure materials where this right to control
3421	is described in detail shall be stated.
3422	(13)  If there are any restrictions upon the sale,
3423	transfer, conveyance, or leasing of a unit, then a statement in
3424	conspicuous type in substantially the following form shall be
3425	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
3426	CONTROLLED. Immediately following this statement, the location
3427	in the disclosure materials where the restriction, limitation,
3428	or control on the sale, lease, or transfer of units is described
3429	in detail shall be stated.
3430	(14)  If the cooperative is part of a phase project, the
3431	following shall be stated:
3432	(a)  A statement in conspicuous type in substantially the
3433	following form shall be included: THIS IS A PHASE COOPERATIVE.
3434	ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
3435	Immediately following this statement, the location in the
3436	disclosure materials where the phasing is described shall be
3437	stated.
3438	(b)  A summary of the provisions of the declaration
3439	providing for the phasing.
3440	(c)  A statement as to whether or not residential buildings
3441	and units which are added to the cooperative may be
3442	substantially different from the residential buildings and units
3443	originally in the cooperative, and, if the added residential
3444	buildings and units may be substantially different, there shall
3445	be a general description of the extent to which such added
3446	residential buildings and units may differ, and a statement in
3447	conspicuous type in substantially the following form shall be
3448	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
3449	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
3450	UNITS IN THE COOPERATIVE. Immediately following this statement,
3451	the location in the disclosure materials where the extent to
3452	which added residential buildings and units may substantially
3453	differ is described shall be stated.
3454	(d)  A statement of the maximum number of buildings
3455	containing units, the maximum and minimum number of units in
3456	each building, the maximum number of units, and the minimum and
3457	maximum square footage of the units that may be contained within
3458	each parcel of land which may be added to the cooperative.
3459	(15)  If the cooperative is created by conversion of
3460	existing improvements, the following information shall be
3461	stated:
3462	(a)  The information required by s. 719.616.
3463	(b)  A caveat that there are no express warranties unless
3464	they are stated in writing by the developer.
3465	(16)  A summary of the restrictions, if any, to be imposed
3466	on units concerning the use of any of the cooperative property,
3467	including statements as to whether there are restrictions upon
3468	children and pets, and reference to the volumes and pages of the
3469	cooperative documents where such restrictions are found, or if
3470	such restrictions are contained elsewhere, then a copy of the
3471	documents containing the restrictions shall be attached as an
3472	exhibit.
3473	(17)  If there is any land that is offered by the developer
3474	for use by the unit owners and that is neither owned by them nor
3475	leased to them, the association, or any entity controlled by
3476	unit owners and other persons having the use rights to such
3477	land, a statement shall be made as to how such land will serve
3478	the cooperative. If any part of such land will serve the
3479	cooperative, the statement shall describe the land and the
3480	nature and term of service, and the cooperative documents or
3481	other instrument creating such servitude shall be included as an
3482	exhibit.
3483	(18)  The manner in which utility and other services,
3484	including, but not limited to, sewage and waste disposal, water
3485	supply, and storm drainage, will be provided and the person or
3486	entity furnishing them.
3487	(19)  An explanation of the manner in which the
3488	apportionment of common expenses and ownership of the common
3489	areas have been determined.
3490	(20)  An estimated operating budget for the cooperative and
3491	the association, and a schedule of the unit owner's expenses
3492	shall be attached as an exhibit and shall contain the following
3493	information:
3494	(a)  The estimated monthly and annual expenses of the
3495	cooperative and the association that are collected from unit
3496	owners by assessments.
3497	(b)  The estimated monthly and annual expenses of each unit
3498	owner for a unit, other than assessments payable to the
3499	association, payable by the unit owner to persons or entities
3500	other than the association, and the total estimated monthly and
3501	annual expense. There may be excluded from this estimate
3502	expenses that are personal to unit owners, which are not
3503	uniformly incurred by all unit owners, or which are not provided
3504	for or contemplated by the cooperative documents, including, but
3505	not limited to, the costs of private telephone; maintenance of
3506	the interior of cooperative units, which is not the obligation
3507	of the association; maid or janitorial services privately
3508	contracted for by the unit owners; utility bills billed directly
3509	to each unit owner for utility services to his or her unit;
3510	insurance premiums other than those incurred for policies
3511	obtained by the cooperative; and similar personal expenses of
3512	the unit owner. A unit owner's estimated payments for
3513	assessments shall also be stated in the estimated amounts for
3514	the times when they will be due.
3515	(c)  The estimated items of expenses of the cooperative and
3516	the association, except as excluded under paragraph (b),
3517	including, but not limited to, the following items, which shall
3518	be stated either as an association expense collectible by
3519	assessments or as unit owners' expenses payable to persons other
3520	than the association:
3521	1.  Expenses for the association and cooperative:
3522	a.  Administration of the association.
3523	b.  Management fees.
3524	c.  Maintenance.
3525	d.  Rent for recreational and other commonly used areas.
3526	e.  Taxes upon association property.
3527	f.  Taxes upon leased areas.
3528	g.  Insurance.
3529	h.  Security provisions.
3530	i.  Other expenses.
3531	j.  Operating capital.
3532	k.  Reserves.
3533	l.  Fee payable to the division.
3534	2.  Expenses for a unit owner:
3535	a.  Rent for the unit, if subject to a lease.
3536	b.  Rent payable by the unit owner directly to the lessor
3537	or agent under any recreational lease or lease for the use of
3538	commonly used areas, which use and payment are a mandatory
3539	condition of ownership and are not included in the common
3540	expense or assessments for common maintenance paid by the unit
3541	owners to the association.
3542	(d)  The following statement in conspicuous type: THE
3543	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3544	ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3545	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3546	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3547	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3548	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
3549	THE OFFERING.
3550	(e)  Each budget for an association prepared by a developer
3551	consistent with this subsection shall be prepared in good faith
3552	and shall reflect accurate estimated amounts for the required
3553	items in paragraph (c) at the time of the filing of the offering
3554	circular with the division, and subsequent increased amounts of
3555	any item included in the association's estimated budget that are
3556	beyond the control of the developer shall not be considered an
3557	amendment that would give rise to rescission rights set forth in
3558	s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3559	or otherwise affect any guarantee of the developer contained in
3560	the offering circular or any purchase contract. It is the intent
3561	of this paragraph to clarify existing law.
3562	(f)  The estimated amounts shall be stated for a period of
3563	at least 12 months and may distinguish between the period prior
3564	to the time unit owners other than the developer elect a
3565	majority of the board of administration and the period after
3566	that date.
3567	(21)  A schedule of estimated closing expenses to be paid
3568	by a buyer or lessee of a unit and a statement of whether title
3569	opinion or title insurance policy is available to the buyer and,
3570	if so, at whose expense.
3571	(22)  The identity of the developer and the chief operating
3572	officer or principal directing the creation and sale of the
3573	cooperative and a statement of its and his or her experience in
3574	this field.
3575	(23)  Copies of the following, to the extent they are
3576	applicable, shall be included as exhibits:
3577	(a)  The cooperative documents, or the proposed cooperative
3578	documents if the documents have not been recorded.
3579	(b)  The articles of incorporation creating the
3580	association.
3581	(c)  The bylaws of the association.
3582	(d)  The ground lease or other underlying lease of the
3583	cooperative.
3584	(e)  The management agreement and all maintenance and other
3585	contracts for management of the association and operation of the
3586	cooperative and facilities used by the unit owners having a
3587	service term in excess of 1 year.
3588	(f)  The estimated operating budget for the cooperative and
3589	the required schedule of unit owners' expenses.
3590	(g)  A copy of the floor plan of the unit and the plot plan
3591	showing the location of the residential buildings and the
3592	recreation and other common areas.
3593	(h)  The lease of recreational and other facilities that
3594	will be used only by unit owners of the subject cooperative.
3595	(i)  The lease of facilities used by owners and others.
3596	(j)  The form of unit lease, if the offer is of a
3597	leasehold.
3598	(k)  A declaration of servitude of properties serving the
3599	cooperative but not owned by unit owners or leased to them or
3600	the association.
3601	(l)  The statement of condition of the existing building or
3602	buildings, if the offering is of units in an operation being
3603	converted to cooperative ownership.
3604	(m)  The statement of inspection for termite damage and
3605	treatment of the existing improvements, if the cooperative is a
3606	conversion.
3607	(n)  The form of agreement for sale or lease of units.
3608	(o)  A copy of the agreement for escrow of payments made to
3609	the developer prior to closing.
3610	(p)  A copy of the documents containing any restrictions on
3611	use of the property required by subsection (16).
3612	(24)  Any prospectus or offering circular complying with
3613	the provisions of former ss. 711.69 and 711.802 may continue to
3614	be used without amendment, or may be amended to comply with the
3615	provisions of this chapter.
3616	(25)  A brief narrative description of the location and
3617	effect of all existing and intended easements located or to be
3618	located on the cooperative property other than those in the
3619	declaration.
3620	(26)  If the developer is required by state or local
3621	authorities to obtain acceptance or approval of any dock or
3622	marina facility intended to serve the cooperative, a copy of
3623	such acceptance or approval acquired by the time of filing with
3624	the division pursuant to s. 719.502 or a statement that such
3625	acceptance has not been acquired or received.
3626	(27)  Evidence demonstrating that the developer has an
3627	ownership, leasehold, or contractual interest in the land upon
3628	which the cooperative is to be developed.
3629	Section 59.  Section 719.508, Florida Statutes, is amended
3630	to read:
3631	719.508  Regulation by Division of Hotels and
3632	Restaurants.--In addition to the authority, regulation, or
3633	control exercised by the Division of Florida Land Sales,
3634	Condominiums, Timeshares, and Mobile Homes pursuant to this act
3635	with respect to cooperatives, buildings included in a
3636	cooperative property shall be subject to the authority,
3637	regulation, or control of the Division of Hotels and Restaurants
3638	of the Department of Business and Professional Regulation, to
3639	the extent provided for in chapters 399 and 509.
3640	Section 60.  Paragraph (a) of subsection (2) of section
3641	719.608, Florida Statutes, is amended to read:
3642	719.608  Notice of intended conversion; time of delivery;
3643	content.--
3644	(2)(a)  Each notice of intended conversion shall be dated
3645	and in writing. The notice shall contain the following
3646	statement, with the phrases of the following statement which
3647	appear in upper case printed in conspicuous type:
3648
3649	These apartments are being converted to cooperative by
3650	(name of developer)  , the developer.
3651	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3652	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3653	AGREEMENT AS FOLLOWS:
3654	a.  If you have continuously been a resident of these
3655	apartments during the last 180 days and your rental agreement
3656	expires during the next 270 days, you may extend your rental
3657	agreement for up to 270 days after the date of this notice.
3658	b.  If you have not been a continuous resident of these
3659	apartments for the last 180 days and your rental agreement
3660	expires during the next 180 days, you may extend your rental
3661	agreement for up to 180 days after the date of this notice.
3662	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3663	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3664	DATE OF THIS NOTICE.
3665	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3666	you may extend your rental agreement for up to 45 days after the
3667	date of this notice while you decide whether to extend your
3668	rental agreement as explained above. To do so, you must notify
3669	the developer in writing. You will then have the full 45 days to
3670	decide whether to extend your rental agreement as explained
3671	above.
3672	3.  During the extension of your rental agreement you will
3673	be charged the same rent that you are now paying.
3674	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3675	OF THE RENTAL AGREEMENT AS FOLLOWS:
3676	a.  If your rental agreement began or was extended or
3677	renewed after May 1, 1980, and your rental agreement, including
3678	extensions and renewals, has an unexpired term of 180 days or
3679	less, you may cancel your rental agreement upon 30 days' written
3680	notice and move. Also, upon 30 days' written notice, you may
3681	cancel any extension of the rental agreement.
3682	b.  If your rental agreement was not begun or was not
3683	extended or renewed after May 1, 1980, you may not cancel the
3684	rental agreement without the consent of the developer. If your
3685	rental agreement, including extensions and renewals, has an
3686	unexpired term of 180 days or less, you may, however, upon 30
3687	days' written notice cancel any extension of the rental
3688	agreement.
3689	5.  All notices must be given in writing and sent by mail,
3690	return receipt requested, or delivered in person to the
3691	developer at this address:   (name and address of developer)  .
3692	6.  If you have continuously been a resident of these
3693	apartments during the last 180 days:
3694	a.  You have the right to purchase your apartment and will
3695	have 45 days to decide whether to purchase. If you do not buy
3696	the unit at that price and the unit is later offered at a lower
3697	price, you will have the opportunity to buy the unit at the
3698	lower price. However, in all events your right to purchase the
3699	unit ends when the rental agreement or any extension of the
3700	rental agreement ends or when you waive this right in writing.
3701	b.  Within 90 days you will be provided purchase
3702	information relating to your apartment, including the price of
3703	your unit and the condition of the building. If you do not
3704	receive this information within 90 days, your rental agreement
3705	and any extension will be extended 1 day for each day over 90
3706	days until you are given the purchase information. If you do not
3707	want this rental agreement extension, you must notify the
3708	developer in writing.
3709	7.  If you have any questions regarding this conversion or
3710	the Cooperative Act, you may contact the developer or the state
3711	agency which regulates cooperatives: The Division of Florida
3712	Land Sales, Condominiums, Timeshares, and Mobile Homes,
3713	(Tallahassee address and telephone number of division)  .
3714	Section 61.  Subsection (7) of section 720.301, Florida
3715	Statutes, is amended to read:
3716	720.301  Definitions.--As used in this chapter, the term:
3717	(7)  "Division" means the Division of Florida Land Sales,
3718	Condominiums, Timeshares, and Mobile Homes in the Department of
3719	Business and Professional Regulation.
3720	Section 62.  Subsection (2) of section 720.401, Florida
3721	Statutes, is amended to read:
3722	720.401  Prospective purchasers subject to association
3723	membership requirement; disclosure required; covenants;
3724	assessments; contract cancellation.--
3725	(2)  This section does not apply to any association
3726	regulated under chapter 718, chapter 719, chapter 721, or
3727	chapter 723 or to a subdivider registered under chapter 498; and
3728	also does not apply if disclosure regarding the association is
3729	otherwise made in connection with the requirements of chapter
3730	718, chapter 719, chapter 721, or chapter 723.
3731	Section 63.  Paragraph (c) of subsection (1) of section
3732	721.03, Florida Statutes, is amended to read:
3733	721.03  Scope of chapter.--
3734	(1)  This chapter applies to all timeshare plans consisting
3735	of more than seven timeshare periods over a period of at least 3
3736	years in which the accommodations and facilities, if any, are
3737	located within this state or offered within this state; provided
3738	that:
3739	(c)  All timeshare accommodations or facilities which are
3740	located outside the state but offered for sale in this state
3741	shall be governed by the following:
3742	1.  The offering for sale in this state of timeshare
3743	accommodations and facilities located outside the state is
3744	subject only to the provisions of ss. 721.01-721.12, 721.18,
3745	721.20, 721.21, 721.26, 721.28, and part II.
3746	2.  The division shall not require a developer of timeshare
3747	accommodations or facilities located outside of this state to
3748	make changes in any timeshare instrument to conform to the
3749	provisions of s. 721.07 or s. 721.55. The division shall have
3750	the power to require disclosure of those provisions of the
3751	timeshare instrument that do not conform to s. 721.07 or s.
3752	721.55 as the director determines is necessary to fairly,
3753	meaningfully, and effectively disclose all aspects of the
3754	timeshare plan.
3755	3.  Except as provided in this subparagraph, the division
3756	shall have no authority to determine whether any person has
3757	complied with another state's laws or to disapprove any filing
3758	out-of-state, timeshare instrument, or component site document,
3759	based solely upon the lack or degree of timeshare regulation in
3760	another state. The division may require a developer to obtain
3761	and provide to the division existing documentation relating to
3762	an out-of-state filing, timeshare instrument, or component site
3763	document and prove compliance of same with the laws of that
3764	state. In this regard, the division may accept any evidence of
3765	the approval or acceptance of any out-of-state filing, timeshare
3766	instrument, or component site document by another state in lieu
3767	of requiring a developer to file the out-of-state filing,
3768	timeshare instrument, or component site document with the
3769	division pursuant to this section, or the division may accept an
3770	opinion letter from an attorney or law firm opining as to the
3771	compliance of such out-of-state filing, timeshare instrument, or
3772	component site document with the laws of another state. The
3773	division may refuse to approve the inclusion of any out-of-state
3774	filing, timeshare instrument, or component site document as part
3775	of a public offering statement based upon the inability of the
3776	developer to establish the compliance of same with the laws of
3777	another state.
3778	4.  The division is authorized to enter into an agreement
3779	with another state for the purpose of facilitating the
3780	processing of out-of-state timeshare instruments or other
3781	component site documents pursuant to this chapter and for the
3782	purpose of facilitating the referral of consumer complaints to
3783	the appropriate state.
3784	5.  Notwithstanding any other provision of this paragraph,
3785	the offer, in this state, of an additional interest to existing
3786	purchasers in the same timeshare plan, the same nonspecific
3787	multisite timeshare plan, or the same component site of a
3788	multisite timeshare plan with accommodations and facilities
3789	located outside of this state shall not be subject to the
3790	provisions of this chapter if the offer complies with the
3791	provisions of s. 721.11(4).
3792	Section 64.  Subsection (11) of section 721.05, Florida
3793	Statutes, is amended to read:
3794	721.05  Definitions.--As used in this chapter, the term:
3795	(11)  "Division" means the Division of Florida Land Sales,
3796	Condominiums, Timeshares, and Mobile Homes of the Department of
3797	Business and Professional Regulation.
3798	Section 65.  Paragraph (d) of subsection (2) of section
3799	721.07, Florida Statutes, is amended to read:
3800	721.07  Public offering statement.--Prior to offering any
3801	timeshare plan, the developer must submit a filed public
3802	offering statement to the division for approval as prescribed by
3803	s. 721.03, s. 721.55, or this section. Until the division
3804	approves such filing, any contract regarding the sale of that
3805	timeshare plan is subject to cancellation by the purchaser
3806	pursuant to s. 721.10.
3807	(2)
3808	(d)  A developer shall have the authority to deliver to
3809	purchasers any purchaser public offering statement that is not
3810	yet approved by the division, provided that the following shall
3811	apply:
3812	1.  At the time the developer delivers an unapproved
3813	purchaser public offering statement to a purchaser pursuant to
3814	this paragraph, the developer shall deliver a fully completed
3815	and executed copy of the purchase contract required by s. 721.06
3816	that contains the following statement in conspicuous type in
3817	substantially the following form which shall replace the
3818	statements required by s. 721.06(1)(g):
3819
3820	The developer is delivering to you a public offering statement
3821	that has been filed with but not yet approved by the Division of
3822	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3823	Any revisions to the unapproved public offering statement you
3824	have received must be delivered to you, but only if the
3825	revisions materially alter or modify the offering in a manner
3826	adverse to you. After the division approves the public offering
3827	statement, you will receive notice of the approval from the
3828	developer and the required revisions, if any.
3829
3830	Your statutory right to cancel this transaction without any
3831	penalty or obligation expires 10 calendar days after the date
3832	you signed your purchase contract or the date on which you
3833	receive the last of all documents required to be given to you
3834	pursuant to section 721.07(6), Florida Statutes, or 10 calendar
3835	days after you receive revisions required to be delivered to
3836	you, if any, whichever is later. If you decide to cancel this
3837	contract, you must notify the seller in writing of your intent
3838	to cancel. Your notice of cancellation shall be effective upon
3839	the date sent and shall be sent to   (Name of Seller)   at
3840	(Address of Seller)  . Any attempt to obtain a waiver of your
3841	cancellation right is void and of no effect. While you may
3842	execute all closing documents in advance, the closing, as
3843	evidenced by delivery of the deed or other document, before
3844	expiration of your 10-day cancellation period, is prohibited.
3845
3846	2.  After receipt of approval from the division and prior
3847	to closing, if any revisions made to the documents contained in
3848	the purchaser public offering statement materially alter or
3849	modify the offering in a manner adverse to a purchaser, the
3850	developer shall send the purchaser such revisions together with
3851	a notice containing a statement in conspicuous type in
3852	substantially the following form:
3853
3854	The unapproved public offering statement previously delivered to
3855	you, together with the enclosed revisions, has been approved by
3856	the Division of Florida Land Sales, Condominiums, Timeshares,
3857	and Mobile Homes. Accordingly, your cancellation right expires
3858	10 calendar days after you sign your purchase contract or 10
3859	calendar days after you receive these revisions, whichever is
3860	later. If you have any questions regarding your cancellation
3861	rights, you may contact the division at [insert division's
3862	current address].
3863
3864	3.  After receipt of approval from the division and prior
3865	to closing, if no revisions have been made to the documents
3866	contained in the unapproved purchaser public offering statement,
3867	or if such revisions do not materially alter or modify the
3868	offering in a manner adverse to a purchaser, the developer shall
3869	send the purchaser a notice containing a statement in
3870	conspicuous type in substantially the following form:
3871
3872	The unapproved public offering statement previously delivered to
3873	you has been approved by the Division of Florida Land Sales,
3874	Condominiums, Timeshares, and Mobile Homes. Revisions made to
3875	the unapproved public offering statement, if any, are either not
3876	required to be delivered to you or are not deemed by the
3877	developer, in its opinion, to materially alter or modify the
3878	offering in a manner that is adverse to you. Accordingly, your
3879	cancellation right expired 10 days after you signed your
3880	purchase contract. A complete copy of the approved public
3881	offering statement is available through the managing entity for
3882	inspection as part of the books and records of the plan. If you
3883	have any questions regarding your cancellation rights, you may
3884	contact the division at [insert division's current address].
3885	Section 66.  Subsection (8) of section 721.08, Florida
3886	Statutes, is amended to read:
3887	721.08  Escrow accounts; nondisturbance instruments;
3888	alternate security arrangements; transfer of legal title.--
3889	(8)  An escrow agent holding escrowed funds pursuant to
3890	this chapter that have not been claimed for a period of 5 years
3891	after the date of deposit shall make at least one reasonable
3892	attempt to deliver such unclaimed funds to the purchaser who
3893	submitted such funds to escrow. In making such attempt, an
3894	escrow agent is entitled to rely on a purchaser's last known
3895	address as set forth in the books and records of the escrow
3896	agent and is not required to conduct any further search for the
3897	purchaser. If an escrow agent's attempt to deliver unclaimed
3898	funds to any purchaser is unsuccessful, the escrow agent may
3899	deliver such unclaimed funds to the division and the division
3900	shall deposit such unclaimed funds in the Division of Florida
3901	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3902	Fund, 30 days after giving notice in a publication of general
3903	circulation in the county in which the timeshare property
3904	containing the purchaser's timeshare interest is located. The
3905	purchaser may claim the same at any time prior to the delivery
3906	of such funds to the division. After delivery of such funds to
3907	the division, the purchaser shall have no more rights to the
3908	unclaimed funds. The escrow agent shall not be liable for any
3909	claims from any party arising out of the escrow agent's delivery
3910	of the unclaimed funds to the division pursuant to this section.
3911	Section 67.  Section 721.26, Florida Statutes, is amended
3912	to read:
3913	721.26  Regulation by division.--The division has the power
3914	to enforce and ensure compliance with the provisions of this
3915	chapter, except for parts III and IV, using the powers provided
3916	in this chapter, as well as the powers prescribed in chapters
3917	498, 718, and 719. In performing its duties, the division shall
3918	have the following powers and duties:
3919	(1)  To aid in the enforcement of this chapter, or any
3920	division rule adopted or order promulgated or issued pursuant to
3921	this chapter, the division may make necessary public or private
3922	investigations within or outside this state to determine whether
3923	any person has violated or is about to violate this chapter, or
3924	any division rule adopted or order promulgated or issued
3925	pursuant to this chapter.
3926	(2)  The division may require or permit any person to file
3927	a written statement under oath or otherwise, as the division
3928	determines, as to the facts and circumstances concerning a
3929	matter under investigation.
3930	(3)  For the purpose of any investigation under this
3931	chapter, the director of the division or any officer or employee
3932	designated by the director may administer oaths or affirmations,
3933	subpoena witnesses and compel their attendance, take evidence,
3934	and require the production of any matter which is relevant to
3935	the investigation, including the identity, existence,
3936	description, nature, custody, condition, and location of any
3937	books, documents, or other tangible things and the identity and
3938	location of persons having knowledge of relevant facts or any
3939	other matter reasonably calculated to lead to the discovery of
3940	material evidence. Failure to obey a subpoena or to answer
3941	questions propounded by the investigating officer and upon
3942	reasonable notice to all persons affected thereby shall be a
3943	violation of this chapter. In addition to the other enforcement
3944	powers authorized in this subsection, the division may, at its
3945	discretion, apply to the circuit court for an order compelling
3946	compliance.
3947	(4)  The division may prepare and disseminate a prospectus
3948	and other information to assist prospective purchasers, sellers,
3949	and managing entities of timeshare plans in assessing the
3950	rights, privileges, and duties pertaining thereto.
3951	(5)  Notwithstanding any remedies available to purchasers,
3952	if the division has reasonable cause to believe that a violation
3953	of this chapter, or of any division rule adopted or order
3954	promulgated or issued pursuant to this chapter, has occurred,
3955	the division may institute enforcement proceedings in its own
3956	name against any regulated party, as such term is defined in
3957	this subsection:
3958	(a)1.  "Regulated party," for purposes of this section,
3959	means any developer, exchange company, seller, managing entity,
3960	owners' association, owners' association director, owners'
3961	association officer, manager, management firm, escrow agent,
3962	trustee, any respective assignees or agents, or any other person
3963	having duties or obligations pursuant to this chapter.
3964	2.  Any person who materially participates in any offer or
3965	disposition of any interest in, or the management or operation
3966	of, a timeshare plan in violation of this chapter or relevant
3967	rules involving fraud, deception, false pretenses,
3968	misrepresentation, or false advertising or the disbursement,
3969	concealment, or diversion of any funds or assets, which conduct
3970	adversely affects the interests of a purchaser, and which person
3971	directly or indirectly controls a regulated party or is a
3972	general partner, officer, director, agent, or employee of such
3973	regulated party, shall be jointly and severally liable under
3974	this subsection with such regulated party, unless such person
3975	did not know, and in the exercise of reasonable care could not
3976	have known, of the existence of the facts giving rise to the
3977	violation of this chapter. A right of contribution shall exist
3978	among jointly and severally liable persons pursuant to this
3979	paragraph.
3980	(b)  The division may permit any person whose conduct or
3981	actions may be under investigation to waive formal proceedings
3982	and enter into a consent proceeding whereby an order, rule, or
3983	letter of censure or warning, whether formal or informal, may be
3984	entered against that person.
3985	(c)  The division may issue an order requiring a regulated
3986	party to cease and desist from an unlawful practice under this
3987	chapter and take such affirmative action as in the judgment of
3988	the division will carry out the purposes of this chapter.
3989	(d)1.  The division may bring an action in circuit court
3990	for declaratory or injunctive relief or for other appropriate
3991	relief, including restitution.
3992	2.  The division shall have broad authority and discretion
3993	to petition the circuit court to appoint a receiver with respect
3994	to any managing entity which fails to perform its duties and
3995	obligations under this chapter with respect to the operation of
3996	a timeshare plan. The circumstances giving rise to an
3997	appropriate petition for receivership under this subparagraph
3998	include, but are not limited to:
3999	a.  Damage to or destruction of any of the accommodations
4000	or facilities of a timeshare plan, where the managing entity has
4001	failed to repair or reconstruct same.
4002	b.  A breach of fiduciary duty by the managing entity,
4003	including, but not limited to, undisclosed self-dealing or
4004	failure to timely assess, collect, or disburse the common
4005	expenses of the timeshare plan.
4006	c.  Failure of the managing entity to operate the timeshare
4007	plan in accordance with the timeshare instrument and this
4008	chapter.
4009
4010	If, under the circumstances, it appears that the events giving
4011	rise to the petition for receivership cannot be reasonably and
4012	timely corrected in a cost-effective manner consistent with the
4013	timeshare instrument, the receiver may petition the circuit
4014	court to implement such amendments or revisions to the timeshare
4015	instrument as may be necessary to enable the managing entity to
4016	resume effective operation of the timeshare plan, or to enter an
4017	order terminating the timeshare plan, or to enter such further
4018	orders regarding the disposition of the timeshare property as
4019	the court deems appropriate, including the disposition and sale
4020	of the timeshare property held by the owners' association or the
4021	purchasers. In the event of a receiver's sale, all rights,
4022	title, and interest held by the owners' association or any
4023	purchaser shall be extinguished and title shall vest in the
4024	buyer. This provision applies to timeshare estates, personal
4025	property timeshare interests, and timeshare licenses. All
4026	reasonable costs and fees of the receiver relating to the
4027	receivership shall become common expenses of the timeshare plan
4028	upon order of the court.
4029	3.  The division may revoke its approval of any filing for
4030	any timeshare plan for which a petition for receivership has
4031	been filed pursuant to this paragraph.
4032	(e)1.  The division may impose a penalty against any
4033	regulated party for a violation of this chapter or any rule
4034	adopted thereunder. A penalty may be imposed on the basis of
4035	each day of continuing violation, but in no event may the
4036	penalty for any offense exceed $10,000. All accounts collected
4037	shall be deposited with the Chief Financial Officer to the
4038	credit of the Division of Florida Land Sales, Condominiums,
4039	Timeshares, and Mobile Homes Trust Fund.
4040	2.a.  If a regulated party fails to pay a penalty, the
4041	division shall thereupon issue an order directing that such
4042	regulated party cease and desist from further operation until
4043	such time as the penalty is paid; or the division may pursue
4044	enforcement of the penalty in a court of competent jurisdiction.
4045	b.  If an owners' association or managing entity fails to
4046	pay a civil penalty, the division may pursue enforcement in a
4047	court of competent jurisdiction.
4048	(f)  In order to permit the regulated party an opportunity
4049	either to appeal such decision administratively or to seek
4050	relief in a court of competent jurisdiction, the order imposing
4051	the penalty or the cease and desist order shall not become
4052	effective until 20 days after the date of such order.
4053	(g)  Any action commenced by the division shall be brought
4054	in the county in which the division has its executive offices or
4055	in the county where the violation occurred.
4056	(h)  Notice to any regulated party shall be complete when
4057	delivered by United States mail, return receipt requested, to
4058	the party's address currently on file with the division or to
4059	such other address at which the division is able to locate the
4060	party. Every regulated party has an affirmative duty to notify
4061	the division of any change of address at least 5 business days
4062	prior to such change.
4063	(6)  The division has authority to adopt rules pursuant to
4064	ss. 120.536(1) and 120.54 to implement and enforce the
4065	provisions of this chapter.
4066	(7)(a)  The use of any unfair or deceptive act or practice
4067	by any person in connection with the sales or other operations
4068	of an exchange program or timeshare plan is a violation of this
4069	chapter.
4070	(b)  Any violation of the Florida Deceptive and Unfair
4071	Trade Practices Act, ss. 501.201 et seq., relating to the
4072	creation, promotion, sale, operation, or management of any
4073	timeshare plan shall also be a violation of this chapter.
4074	(c)  The division may is authorized to institute
4075	proceedings against any such person and take any appropriate
4076	action authorized in this section in connection therewith,
4077	notwithstanding any remedies available to purchasers.
4078	(8)  The failure of any person to comply with any order of
4079	the division is a violation of this chapter.
4080	Section 68.  Section 721.28, Florida Statutes, is amended
4081	to read:
4082	721.28  Division of Florida Land Sales, Condominiums,
4083	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
4084	the division and any amounts paid as fees or penalties under
4085	this chapter shall be deposited in the State Treasury to the
4086	credit of the Division of Florida Land Sales, Condominiums,
4087	Timeshares, and Mobile Homes Trust Fund created by s. 718.509
4088	498.019.
4089	Section 69.  Paragraph (c) of subsection (1) of section
4090	721.301, Florida Statutes, is amended to read:
4091	721.301  Florida Timesharing, Vacation Club, and
4092	Hospitality Program.--
4093	(1)
4094	(c)  The director may designate funds from the Division of
4095	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
4096	Trust Fund, not to exceed $50,000 annually, to support the
4097	projects and proposals undertaken pursuant to paragraph (b). All
4098	state trust funds to be expended pursuant to this section must
4099	be matched equally with private moneys and shall comprise no
4100	more than half of the total moneys expended annually.
4101	Section 70.  Section 721.50, Florida Statutes, is amended
4102	to read:
4103	721.50  Short title.--This part may be cited as the
4104	"McAllister Act" in recognition and appreciation for the years
4105	of extraordinary and insightful contributions by Mr. Bryan C.
4106	McAllister, Examinations Supervisor of the former, Division of
4107	Florida Land Sales, Condominiums, and Mobile Homes.
4108	Section 71.  Subsection (1) of section 723.003, Florida
4109	Statutes, is amended to read:
4110	723.003  Definitions.--As used in this chapter, the
4111	following words and terms have the following meanings unless
4112	clearly indicated otherwise:
4113	(1)  The term "division" means the Division of Florida Land
4114	Sales, Condominiums, Timeshares, and Mobile Homes of the
4115	Department of Business and Professional Regulation.
4116	Section 72.  Paragraph (e) of subsection (5) of section
4117	723.006, Florida Statutes, is amended to read:
4118	723.006  Powers and duties of division.--In performing its
4119	duties, the division has the following powers and duties:
4120	(5)  Notwithstanding any remedies available to mobile home
4121	owners, mobile home park owners, and homeowners' associations,
4122	if the division has reasonable cause to believe that a violation
4123	of any provision of this chapter or related any rule promulgated
4124	pursuant hereto has occurred, the division may institute
4125	enforcement proceedings in its own name against a developer,
4126	mobile home park owner, or homeowners' association, or its
4127	assignee or agent, as follows:
4128	(e)1.  The division may impose a civil penalty against a
4129	mobile home park owner or homeowners' association, or its
4130	assignee or agent, for any violation of this chapter, a properly
4131	adopted promulgated park rule or regulation, or a rule adopted
4132	or regulation promulgated pursuant hereto. A penalty may be
4133	imposed on the basis of each separate violation and, if the
4134	violation is a continuing one, for each day of continuing
4135	violation, but in no event may the penalty for each separate
4136	violation or for each day of continuing violation exceed $5,000.
4137	All amounts collected shall be deposited with the Chief
4138	Financial Officer to the credit of the Division of Florida Land
4139	Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund.
4140	2.  If a violator fails to pay the civil penalty, the
4141	division shall thereupon issue an order directing that such
4142	violator cease and desist from further violation until such time
4143	as the civil penalty is paid or may pursue enforcement of the
4144	penalty in a court of competent jurisdiction. If a homeowners'
4145	association fails to pay the civil penalty, the division shall
4146	thereupon pursue enforcement in a court of competent
4147	jurisdiction, and the order imposing the civil penalty or the
4148	cease and desist order shall not become effective until 20 days
4149	after the date of such order. Any action commenced by the
4150	division shall be brought in the county in which the division
4151	has its executive offices or in which the violation occurred.
4152	Section 73.  Section 723.009, Florida Statutes, is amended
4153	to read:
4154	723.009  Division of Florida Land Sales, Condominiums,
4155	Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
4156	fees, penalties, and fines imposed pursuant to this chapter
4157	shall be deposited into the Division of Florida Land Sales,
4158	Condominiums, Timeshares, and Mobile Homes Trust Fund created by
4159	s. 718.509 498.019. Moneys in this fund, as appropriated by the
4160	Legislature pursuant to chapter 216, may be used to defray the
4161	expenses incurred by the division in administering the
4162	provisions of this chapter.
4163	Section 74.  Paragraph (c) of subsection (2) of section
4164	723.0611, Florida Statutes, is amended to read:
4165	723.0611  Florida Mobile Home Relocation Corporation.--
4166	(2)
4167	(c)  The corporation shall, for purposes of s. 768.28, be
4168	considered an agency of the state. Agents or employees of the
4169	corporation, members of the board of directors of the
4170	corporation, or representatives of the Division of Florida Land
4171	Sales, Condominiums, Timeshares, and Mobile Homes shall be
4172	considered officers, employees, or agents of the state, and
4173	actions against them and the corporation shall be governed by s.
4174	768.28.
4175	Section 75.  Except as otherwise expressly provided in this
4176	act, this act shall take effect July 1, 2008.

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