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	providing for an condominium association director to
5	abstain from an association vote; providing for
6	application; requiring that hazard insurance be based upon
7	the replacement cost of the property to be insured as
8	determined by an independent insurance appraisal or update
9	of a prior appraisal; requiring that the full insurable
10	value be determined at specified intervals; providing a
11	means by which an association may provide adequate hazard
12	insurance; authorizing an association to consider certain
13	information when determining coverage amounts; providing
14	for coverage by developer-controlled associations;
15	providing that policies may include deductibles as
16	determined by the association's board of directors;
17	providing requirements and guidelines for the
18	establishment of such deductibles; requiring that the
19	amounts of deductibles be set at a meeting of the board;
20	providing requirements for such meeting; requiring that an
21	association controlled by unit owners operating as a
22	residential condominium use its best efforts to obtain and
23	maintain adequate insurance to protect the association and
24	property under its supervision or control; providing that
25	a declaration of condominium may provide that condominium
26	property consisting of freestanding buildings comprised of
27	no more than one building in or on such unit need not be
28	insured by the association if the declaration requires the
29	unit owner to obtain adequate insurance for the
30	condominium property; authorizing an association to obtain
31	and maintain liability insurance for directors and
32	officers, insurance for the benefit of association
33	employees, and flood insurance for common elements,
34	association property, and units; requiring that every
35	hazard insurance policy issued or renewed on or after a
36	specified date for the purpose of protecting the
37	condominium provide certain coverage; requiring that such
38	policies contain certain provisions; providing that such
39	policies issued to individual unit owners do not provide
40	rights of subrogation against the condominium association;
41	providing for the insurance of improvements or additions
42	benefiting fewer than all unit owners; requiring that an
43	association require each owner to provide evidence of a
44	current policy of hazard and liability insurance upon
45	request; limiting the frequency with which an association
46	may make such a request; authorizing an association to
47	purchase coverage on behalf of an owner under certain
48	circumstances; providing for the collection of the costs
49	of such a policy; providing responsibilities of the unit
50	owner and association with regard to reconstruction work
51	and associated costs after a casualty loss; authorizing a
52	multicondominium association to operate such condominiums
53	as a single condominium for certain purposes by majority
54	vote of the members of all applicable condominiums;
55	providing that such election constitutes an amendment to
56	the declaration of all applicable condominiums; requiring
57	that an association maintain insurance or fidelity bonding
58	for all persons who control or disburse association funds;
59	requiring that such insurance policy or fidelity bond
60	cover the maximum funds in the custody of the association
61	or its management agent at any one time; defining the term
62	"persons who control or disburse funds of the
63	association"; authorizing an association to amend the
64	declaration of condominium without regard to any
65	requirement for approval by mortgagees of amendments
66	affecting insurance requirements for the purpose of
67	conforming the declaration of condominium to certain
68	coverage requirements; providing that any portion of the
69	condominium property required to be insured by the
70	association against casualty loss which is damaged be
71	reconstructed, repaired, or replaced as necessary by the
72	association as a common expense; providing that all hazard
73	insurance deductibles, uninsured losses, and other damages
74	in excess of hazard insurance coverage under the hazard
75	insurance policies maintained by the association are a
76	common expense of the condominium; providing exceptions;
77	allocating responsibility for certain costs of repair or
78	reconstruction; authorizing an association to opt out of
79	certain requirements related to such allocation of
80	responsibility by majority vote; providing a procedure by
81	which a multicondominium association that has not
82	consolidated its financial operations may opt out of such
83	allocation of responsibility; requiring that a decision to
84	opt out be recorded; providing that such decision takes
85	effect on the date on which it is recorded; authorizing
86	the reversal of such decision; providing a procedure for
87	reversal; providing that an association is not obligated
88	to pay for any reconstruction or repair expenses for
89	improvements made by an owner or the development if an
90	improvement benefits only the unit for which it was
91	installed; amending s. 718.115, F.S.; requiring that
92	certain expenses be designated as common expenses;
93	amending s. 718.116, F.S.; authorizing the designee of a
94	unit owner or mortgagee to request a certificate of
95	assessment; requiring that the fee for preparation of such
96	certificate be stated on the certificate; providing for
97	the establishment of such fees; providing for payment of
98	the fee; requiring that the fee be refunded if a planned
99	sale or mortgage does not occur; providing that any such
100	refund is the obligation of the unit owner and is
101	collectable in the same manner as an assessment; amending
102	s. 718.117, F.S.; prohibiting the distribution of proceeds
103	from the sale of a condominium unit to a lienholder from
104	exceeding a unit owner's share of the proceeds; creating
105	s. 720.30851, F.S.; requiring that the association provide
106	a certificate signed by an officer or agent of the
107	association stating all assessments and other moneys owed
108	to the association by the parcel owner or mortgagee with
109	respect to the parcel within a specified period after the
110	association's receipt of a request for an estoppel
111	certificate by an owner or mortgagee; providing that any
112	person other than a parcel owner who relies upon a
113	certificate receives the benefits and protection thereof;
114	providing that a summary proceeding may be brought to
115	compel the association to comply with the requirement to
116	provide a certificate; providing that the prevailing party
117	is entitled to recover reasonable attorney's fees;
118	requiring that the fee for preparation of such certificate
119	be stated on the certificate; providing for the
120	establishment of such fees; providing for payment of the
121	fee; requiring that the fee be refunded if a planned sale
122	or mortgage does not occur; providing that any such refund
123	is the obligation of the parcel owner and is collectable
124	in the same manner as an assessment; amending s. 20.165,
125	F.S.; changing the name of the Division of Florida Land
126	Sales, Condominiums, and Mobile Homes to the Division of
127	Florida Condominiums, Timeshares, and Mobile Homes and the
128	Division of Technology, Licensure, and Testing to the
129	Division of Technology; amending s. 215.20, F.S.;
130	conforming the name of the division's trust fund to
131	correspond to the name change of the division; amending s.
132	450.33, F.S.; removing the requirement for a farm labor
133	contractor to file a set of fingerprints with the
134	department; amending s. 455.203, F.S.; authorizing the
135	department to close and terminate deficient license
136	applications and to approve professional license
137	applications meeting certain criteria; amending s.
138	455.217, F.S.; conforming terminology to changes made by
139	the act; amending s. 455.2273, F.S.; authorizing the
140	section to apply to disciplinary guidelines adopted by all
141	boards and divisions; amending s. 468.841, F.S.;
142	clarifying exemption provisions for license provisions
143	governing mold-related services; amending s. 475.17, F.S.;
144	revising requirements for licensure as a real estate
145	broker; amending s. 475.451, F.S.; deleting requirements
146	relating to the submission of certain real estate course
147	rosters to the department; amending s. 477.019, F.S.,
148	relating to cosmetologists; allowing a student to apply
149	for licensure examination prior to graduation and to
150	practice prior to licensure; amending s. 489.105, F.S.;
151	clarifying that individuals and business entities that
152	sell manufactured and factory-built buildings can legally
153	enter into contracts for those sales; amending s. 489.511,
154	F.S.; revising requirements for taking the electrical or
155	alarm system contractor certification examination;
156	providing requirements for certification; amending s.
157	489.515, F.S.; revising requirements for certification as
158	a certified contractor by the Electrical Contractors'
159	Licensing Board to reflect changes made to s. 489.511,
160	F.S., by this act; renumbering s. 498.009, F.S., relating
161	to the location of the division's offices; amending and
162	renumbering s. 498.011, F.S., relating to payment of per
163	diem, mileage, and other expenses for division employees;
164	providing for reimbursement of expenses for on-site
165	review; deleting the expense reimbursement for inspection
166	of subdivided lands; renumbering s. 498.013, F.S.,
167	relating to the authentication of records; amending and
168	renumbering s. 498.057, F.S., relating to service of
169	process; deleting provision that service may be made by
170	delivering a copy of the process to the division director;
171	providing that the division can be the petitioner or the
172	plaintiff; repealing ss. 498.001, 498.003, 498.005,
173	498.007, 498.017, 498.021, 498.022, 498.023, 498.024,
174	498.025, 498.027, 498.028, 498.029, 498.031, 498.033,
175	498.035, 498.037, 498.039, 498.041, 498.047, 498.049,
176	498.051, 498.053, 498.059, 498.061, and 498.063, F.S.,
177	relating to regulation of land sales practices; amending
178	s. 548.0065, F.S.; including amateur mixed martial arts in
179	a provision relating to the authority of the Florida State
180	Boxing Commission to suspend amateur matches for violation
181	of certain health and safety standards; amending s.
182	548.008, F.S.; removing prohibition against holding
183	amateur mixed martial arts matches in this state; amending
184	s. 548.041, F.S.; providing additional licensure
185	requirements for boxing participants; amending s. 718.501,
186	F.S.; providing additional powers and duties of the
187	division; providing for additional enforcement proceedings
188	for carrying out the purposes of ch. 718, F.S.; deleting
189	the payment of money by a developer to a condominium
190	association as a permissible affirmative action; providing
191	for actions of conservator or receiver; providing for
192	application to circuit court for an order of restitution;
193	providing for imposition of civil penalties and award of
194	court costs, attorney's fees, and costs of investigation
195	under certain circumstances; providing for contracting for
196	investigative services; providing for acceptance of
197	grants-in-aid; requiring the cooperation with similar
198	agencies on establishment of certain procedures,
199	standards, and forms; providing what constitutes
200	completeness of notice; authorizing the division to issue
201	a notice to show cause; providing conforming changes;
202	amending s. 718.509, F.S., and transferring, renumbering,
203	and amending s. 498.019, F.S.; consolidating and revising
204	provisions relating to the creation, purposes, and sources
205	of funds of the Division of Florida Condominiums,
206	Timeshares, and Mobile Homes Trust Fund; revising
207	provisions to conform to the change in division name;
208	providing for the deposit of moneys resulting from an
209	administrative final order; amending s. 721.03, F.S.;
210	clarifying that timeshare plan includes a nonspecific
211	multisite timeshare plan; amending ss. 73.073, 190.009,
212	192.037, 213.053, 326.002, 326.006, 380.05, 380.06,
213	380.0651, 381.0065, 455.116, 475.455, 494.008, 509.512,
214	517.301, 559.935, 718.103, 718.105, 718.1255, 718.5011,
215	718.502, 718.504, 718.508, 718.608, 719.103, 719.1255,
216	719.501, 719.502, 719.504, 719.508, 719.608, 720.301,
217	720.401, 721.05, 721.07, 721.08, 721.26, 721.28, 721.301,
218	721.50, 723.003, 723.006, 723.009, and 723.0611, F.S., to
219	conform; providing effective dates.
220
221	Be It Enacted by the Legislature of the State of Florida:
222
223	Section 1.  Paragraph (b) of subsection (1) of section
224	718.111, Florida Statutes, as amended by section 6 of House Bill
225	995, enacted in the 2008 Regular Session, is amended to read:
226	718.111  The association.--
227	(1)  CORPORATE ENTITY.--
228	(b)  A director of the association who is present at a
229	meeting of its board at which action on any corporate matter is
230	taken shall be presumed to have assented to the action taken
231	unless he or she votes against such action or abstains from
232	voting in respect thereto because of an asserted conflict of
233	interest. A director of the association who abstains from voting
234	on any action taken on any corporate matter shall be presumed to
235	have taken no position with regard to the action. Directors may
236	not vote by proxy or by secret ballot at board meetings, except
237	that officers may be elected by secret ballot. A vote or
238	abstention for each member present shall be recorded in the
239	minutes.
240	Section 2.  The amendments to section 718.111, Florida
241	Statutes, in this act prevail over any conflicting amendments to
242	that section contained in HB 995 and enacted during the 2008
243	Regular Session.
244	Section 3.  Subsection (11) of section 718.111, Florida
245	Statutes, is amended to read:
246	718.111  The association.--
247	(11)  INSURANCE.--In order to protect the safety, health,
248	and welfare of the people of the State of Florida and to ensure
249	consistency in the provision of insurance coverage to
250	condominiums and their unit owners, this subsection applies
251	paragraphs (a), (b), and (c) are deemed to apply to every
252	residential condominium in the state, regardless of the date of
253	its declaration of condominium. It is the intent of the
254	Legislature to encourage lower or stable insurance premiums for
255	associations described in this subsection section.
256	(a)  Adequate hazard insurance, regardless of any
257	requirement in the declaration of condominium for coverage by
258	the association for full insurable value, replacement cost, or
259	similar coverage, shall be based upon the replacement cost of
260	the property to be insured as determined by an independent
261	insurance appraisal or update of a prior appraisal. The full
262	insurable value shall be determined at least once every 36
263	months.
264	1.  An association or group of associations may provide
265	adequate hazard insurance through a self-insurance fund that
266	complies with the requirements of ss. 624.460-624.488.
267	2.  The association may also provide adequate hazard
268	insurance coverage for a group of no fewer than three
269	communities created and operating under this chapter, chapter
270	719, chapter 720, or chapter 721 by obtaining and maintaining
271	for such communities insurance coverage sufficient to cover an
272	amount equal to the probable maximum loss for the communities
273	for a 250-year windstorm event. Such probable maximum loss must
274	be determined through the use of a competent model that has been
275	accepted by the Florida Commission on Hurricane Loss Projection
276	Methodology. No policy or program providing such coverage shall
277	be issued or renewed after July 1, 2008, unless it has been
278	reviewed and approved by the Office of Insurance Regulation.
279	The review and approval shall include approval of the policy
280	and related forms pursuant to ss. 627.410 and 627.411, approval
281	of the rates pursuant to s. 627.062, a determination that the
282	loss model approved by the Commission was accurately and
283	appropriately applied to the insured structures to determine the
284	250-year probable maximum loss, and a determination that
285	complete and  accurate disclosure of all material provisions is
286	provided to condominium unit owners prior to execution of the
287	agreement by a condominium association.
288	3.  When determining the adequate amount of hazard
289	insurance coverage, the association may consider deductibles as
290	determined by this subsection.
291	(b)  If an association is a developer-controlled
292	association, the association shall exercise its best efforts to
293	obtain and maintain insurance as described in paragraph (a).
294	Failure to obtain and maintain adequate hazard insurance during
295	any period of developer control constitutes a breach of
296	fiduciary responsibility by the developer-appointed members of
297	the board of directors of the association, unless the members
298	can show that despite such failure, they have made their best
299	efforts to maintain the required coverage.
300	(c)  Policies may include deductibles as determined by the
301	board.
302	1.  The deductibles shall be consistent with industry
303	standards and prevailing practice for communities of similar
304	size and age, and having similar construction and facilities in
305	the locale where the condominium property is situated.
306	2.  The deductibles may be based upon available funds,
307	including reserve accounts, or predetermined assessment
308	authority at the time the insurance is obtained.
309	3.  The board shall establish the amount of deductibles
310	based upon the level of available funds and predetermined
311	assessment authority at a meeting of the board. Such meeting
312	shall be open to all unit owners in the manner set forth in s.
313	718.112(2)(e). The notice of such meeting must state the
314	proposed deductible and the available funds and the assessment
315	authority relied upon by the board and estimate any potential
316	assessment amount against each unit, if any. The meeting
317	described in this paragraph may be held in conjunction with a
318	meeting to consider the proposed budget or an amendment thereto.
319	(d)  An association controlled by unit owners operating as
320	a residential condominium shall use its best efforts to obtain
321	and maintain adequate insurance to protect the association, the
322	association property, the common elements, and the condominium
323	property that is required to be insured by the association
324	pursuant to this subsection.
325	(e)  The declaration of condominium as originally recorded,
326	or as amended pursuant to procedures provided therein, may
327	provide that condominium property consisting of freestanding
328	buildings comprised of no more than one building in or on such
329	unit need not be insured by the association if the declaration
330	requires the unit owner to obtain adequate insurance for the
331	condominium property. An association may also obtain and
332	maintain liability insurance for directors and officers,
333	insurance for the benefit of association employees, and flood
334	insurance for common elements, association property, and units.
335	(f)  Every hazard insurance policy issued or renewed on or
336	after January 1, 2009, for the purpose of protecting the
337	condominium shall provide primary coverage for:
338	1.  All portions of the condominium property as originally
339	installed or replacement of like kind and quality, in accordance
340	with the original plans and specifications.
341	2.  All alterations or additions made to the condominium
342	property or association property pursuant to s. 718.113(2).
343	3.  The coverage shall exclude all personal property within
344	the unit or limited common elements, and floor, wall, and
345	ceiling coverings, electrical fixtures, appliances, water
346	heaters, water filters, built-in cabinets and countertops, and
347	window treatments, including curtains, drapes, blinds, hardware,
348	and similar window treatment components, or replacements of any
349	of the foregoing.
350	(g)  Every hazard insurance policy issued or renewed on or
351	after January 1, 2009, to an individual unit owner must contain
352	a provision stating that the coverage afforded by such policy is
353	excess coverage over the amount recoverable under any other
354	policy covering the same property. Such policies must include
355	special assessment coverage of no less than $2,000 per
356	occurrence. An insurance policy issued to an individual unit
357	owner providing such coverage does not provide rights of
358	subrogation against the condominium association operating the
359	condominium in which such individual's unit is located.
360	1.  All improvements or additions to the condominium
361	property that benefit fewer than all unit owners shall be
362	insured by the unit owner or owners having the use thereof, or
363	may be insured by the association at the cost and expense of the
364	unit owners having the use thereof.
365	2.  The association shall require each owner to provide
366	evidence of a currently effective policy of hazard and liability
367	insurance upon request, but not more than once per year. Upon
368	the failure of an owner to provide a certificate of insurance
369	issued by an insurer approved to write such insurance in this
370	state within 30 days after the date on which a written request
371	is delivered, the association may purchase a policy of insurance
372	on behalf of an owner. The cost of such a policy, together with
373	reconstruction costs undertaken by the association but which are
374	the responsibility of the unit owner, may be collected in the
375	manner provided for the collection of assessments in s. 718.116.
376	3.  All reconstruction work after a casualty loss shall be
377	undertaken by the association except as otherwise authorized in
378	this section. A unit owner may undertake reconstruction work on
379	portions of the unit with the prior written consent of the board
380	of administration. However, such work may be conditioned upon
381	the approval of the repair methods, the qualifications of the
382	proposed contractor, or the contract that is used for that
383	purpose. A unit owner shall obtain all required governmental
384	permits and approvals prior to commencing reconstruction.
385	4.  Unit owners are responsible for the cost of
386	reconstruction of any portions of the condominium property for
387	which the unit owner is required to carry casualty insurance,
388	and any such reconstruction work undertaken by the association
389	shall be chargeable to the unit owner and enforceable as an
390	assessment pursuant to s. 718.116. The association must be an
391	additional named insured and loss payee on all casualty
392	insurance policies issued to unit owners in the condominium
393	operated by the association.
394	5.  A multicondominium association may elect, by a majority
395	vote of the collective members of the condominiums operated by
396	the association, to operate such condominiums as a single
397	condominium for purposes of insurance matters, including, but
398	not limited to, the purchase of the hazard insurance required by
399	this section and the apportionment of deductibles and damages in
400	excess of coverage. The election to aggregate the treatment of
401	insurance premiums, deductibles, and excess damages constitutes
402	an amendment to the declaration of all condominiums operated by
403	the association, and the costs of insurance shall be stated in
404	the association budget. The amendments shall be recorded as
405	required by s. 718.110.
406	(h)  The association shall maintain insurance or fidelity
407	bonding of all persons who control or disburse funds of the
408	association. The insurance policy or fidelity bond must cover
409	the maximum funds that will be in the custody of the association
410	or its management agent at any one time. As used in this
411	paragraph, the term "persons who control or disburse funds of
412	the association" includes, but is not limited to, those
413	individuals authorized to sign checks on behalf of the
414	association, and the president, secretary, and treasurer of the
415	association. The association shall bear the cost of any such
416	bonding.
417	(i)  The association may amend the declaration of
418	condominium without regard to any requirement for approval by
419	mortgagees of amendments affecting insurance requirements for
420	the purpose of conforming the declaration of condominium to the
421	coverage requirements of this subsection.
422	(j)  Any portion of the condominium property required to be
423	insured by the association against casualty loss pursuant to
424	paragraph (f) which is damaged by casualty shall be
425	reconstructed, repaired, or replaced as necessary by the
426	association as a common expense. All hazard insurance
427	deductibles, uninsured losses, and other damages in excess of
428	hazard insurance coverage under the hazard insurance policies
429	maintained by the association are a common expense of the
430	condominium, except that:
431	1.  A unit owner is responsible for the costs of repair or
432	replacement of any portion of the condominium property not paid
433	by insurance proceeds, if such damage is caused by intentional
434	conduct, negligence, or failure to comply with the terms of the
435	declaration or the rules of the association by a unit owner, the
436	members of his or her family, unit occupants, tenants, guests,
437	or invitees, without compromise of the subrogation rights of any
438	insurer as set forth in paragraph (g).
439	2.  The provisions of subparagraph 1. regarding the
440	financial responsibility of a unit owner for the costs of
441	repairing or replacing other portions of the condominium
442	property also applies to the costs of repair or replacement of
443	personal property of other unit owners or the association, as
444	well as other property, whether real or personal, which the unit
445	owners are required to insure under paragraph (g).
446	3.  To the extent the cost of repair or reconstruction for
447	which the unit owner is responsible under this paragraph is
448	reimbursed to the association by insurance proceeds, and, to the
449	extent the association has collected the cost of such repair or
450	reconstruction from the unit owner, the association shall
451	reimburse the unit owner without the waiver of any rights of
452	subrogation.
453	4.  The association is not obligated to pay for repair or
454	reconstruction or repairs of casualty losses as a common expense
455	if the casualty losses were known or should have been known to a
456	unit owner and were not reported to the association until after
457	the insurance claim of the association for that casualty was
458	settled or resolved with finality, or denied on the basis that
459	it was untimely filed.
460	(k)  An association may, upon the approval of a majority of
461	the total voting interests in the association, opt out of the
462	provisions of paragraph (j) for the allocation of repair or
463	reconstruction expenses and allocate repair or reconstruction
464	expenses in the manner provided in the declaration as originally
465	recorded or as amended. Such vote may be approved by the voting
466	interests of the association without regard to any mortgagee
467	consent requirements.
468	(l)  In a multicondominium association that has not
469	consolidated its financial operations under s. 718.111(6), any
470	condominium operated by the association may opt out of the
471	provisions of paragraph (j) with the approval of a majority of
472	the total voting interests in that condominium. Such vote may be
473	approved by the voting interests without regard to any mortgagee
474	consent requirements.
475	(m)  Any association or condominium voting to opt out of
476	the guidelines for repair or reconstruction expenses as
477	described in paragraph (j) must record a notice setting forth
478	the date of the opt-out vote and the page of the official
479	records book on which the declaration is recorded. The decision
480	to opt out is effective upon the date of recording of the notice
481	in the public records by the association. An association that
482	has voted to opt out of paragraph (j) may reverse that decision
483	by the same vote required in paragraphs (k) and (l), and notice
484	thereof shall be recorded in the official records.
485	(n)  The association is not obligated to pay for any
486	reconstruction or repair expenses due to casualty loss to any
487	improvements installed by a current or former owner of the unit
488	or by the developer if the improvement benefits only the unit
489	for which it was installed and is not part of the standard
490	improvements installed by the developer on all units as part of
491	original construction, whether or not such improvement is
492	located within the unit. This paragraph does not relieve any
493	party of its obligations regarding recovery due under any
494	insurance implemented specifically for any such improvements.
495	(o)  The provisions of this subsection shall not apply to
496	timeshare condominium associations.  Insurance for timeshare
497	condominium associations shall be maintained pursuant to s.
498	721.165. Therefore, the Legislature requires a report to be
499	prepared by the Office of Insurance Regulation of the Department
500	of Financial Services for publication 18 months from the
501	effective date of this act, evaluating premium increases or
502	decreases for associations, unit owner premium increases or
503	decreases, recommended changes to better define common areas, or
504	any other information the Office of Insurance Regulation deems
505	appropriate.
506	(a)  A unit-owner controlled association operating a
507	residential condominium shall use its best efforts to obtain and
508	maintain adequate insurance to protect the association, the
509	association property, the common elements, and the condominium
510	property required to be insured by the association pursuant to
511	paragraph (b). If the association is developer controlled, the
512	association shall exercise due diligence to obtain and maintain
513	such insurance. Failure to obtain and maintain adequate
514	insurance during any period of developer control shall
515	constitute a breach of fiduciary responsibility by the
516	developer-appointed members of the board of directors of the
517	association, unless said members can show that despite such
518	failure, they have exercised due diligence. The declaration of
519	condominium as originally recorded, or amended pursuant to
520	procedures provided therein, may require that condominium
521	property consisting of freestanding buildings where there is no
522	more than one building in or on such unit need not be insured by
523	the association if the declaration requires the unit owner to
524	obtain adequate insurance for the condominium property. An
525	association may also obtain and maintain liability insurance for
526	directors and officers, insurance for the benefit of association
527	employees, and flood insurance for common elements, association
528	property, and units. Adequate insurance, regardless of any
529	requirement in the declaration of condominium for coverage by
530	the association for "full insurable value," "replacement cost,"
531	or the like, may include reasonable deductibles as determined by
532	the board based upon available funds or predetermined assessment
533	authority at the time that the insurance is obtained.
534	1.  Windstorm insurance coverage for a group of no fewer
535	than three communities created and operating under this chapter,
536	chapter 719, chapter 720, or chapter 721 may be obtained and
537	maintained for the communities if the insurance coverage is
538	sufficient to cover an amount equal to the probable maximum loss
539	for the communities for a 250-year windstorm event. Such
540	probable maximum loss must be determined through the use of a
541	competent model that has been accepted by the Florida Commission
542	on Hurricane Loss Projection Methodology. Such insurance
543	coverage is deemed adequate windstorm insurance for the purposes
544	of this section.
545	2.  An association or group of associations may self-insure
546	against claims against the association, the association
547	property, and the condominium property required to be insured by
548	an association, upon compliance with the applicable provisions
549	of ss. 624.460-624.488, which shall be considered adequate
550	insurance for the purposes of this section. A copy of each
551	policy of insurance in effect shall be made available for
552	inspection by unit owners at reasonable times.
553	(b)  Every hazard insurance policy issued or renewed on or
554	after January 1, 2004, to protect the condominium shall provide
555	primary coverage for:
556	1.  All portions of the condominium property located
557	outside the units;
558	2.  The condominium property located inside the units as
559	such property was initially installed, or replacements thereof
560	of like kind and quality and in accordance with the original
561	plans and specifications or, if the original plans and
562	specifications are not available, as they existed at the time
563	the unit was initially conveyed; and
564	3.  All portions of the condominium property for which the
565	declaration of condominium requires coverage by the association.
566
567	Anything to the contrary notwithstanding, the terms "condominium
568	property," "building," "improvements," "insurable improvements,"
569	"common elements," "association property," or any other term
570	found in the declaration of condominium which defines the scope
571	of property or casualty insurance that a condominium association
572	must obtain shall exclude all floor, wall, and ceiling
573	coverings, electrical fixtures, appliances, air conditioner or
574	heating equipment, water heaters, water filters, built-in
575	cabinets and countertops, and window treatments, including
576	curtains, drapes, blinds, hardware, and similar window treatment
577	components, or replacements of any of the foregoing which are
578	located within the boundaries of a unit and serve only one unit
579	and all air conditioning compressors that service only an
580	individual unit, whether or not located within the unit
581	boundaries. The foregoing is intended to establish the property
582	or casualty insuring responsibilities of the association and
583	those of the individual unit owner and do not serve to broaden
584	or extend the perils of coverage afforded by any insurance
585	contract provided to the individual unit owner. Beginning
586	January 1, 2004, the association shall have the authority to
587	amend the declaration of condominium, without regard to any
588	requirement for mortgagee approval of amendments affecting
589	insurance requirements, to conform the declaration of
590	condominium to the coverage requirements of this section.
591	(c)  Every hazard insurance policy issued or renewed on or
592	after January 1, 2004, to an individual unit owner shall provide
593	that the coverage afforded by such policy is excess over the
594	amount recoverable under any other policy covering the same
595	property. Each insurance policy issued to an individual unit
596	owner providing such coverage shall be without rights of
597	subrogation against the condominium association that operates
598	the condominium in which such unit owner's unit is located. All
599	real or personal property located within the boundaries of the
600	unit owner's unit which is excluded from the coverage to be
601	provided by the association as set forth in paragraph (b) shall
602	be insured by the individual unit owner.
603	(d)  The association shall obtain and maintain adequate
604	insurance or fidelity bonding of all persons who control or
605	disburse funds of the association. The insurance policy or
606	fidelity bond must cover the maximum funds that will be in the
607	custody of the association or its management agent at any one
608	time. As used in this paragraph, the term "persons who control
609	or disburse funds of the association" includes, but is not
610	limited to, those individuals authorized to sign checks and the
611	president, secretary, and treasurer of the association. The
612	association shall bear the cost of bonding.
613	Section 4.  Paragraph (a) of subsection (1) of section
614	718.115, Florida Statutes, is amended to read:
615	718.115  Common expenses and common surplus.--
616	(1)(a)  Common expenses include the expenses of the
617	operation, maintenance, repair, replacement, or protection of
618	the common elements and association property, costs of carrying
619	out the powers and duties of the association, and any other
620	expense, whether or not included in the foregoing, designated as
621	common expense by this chapter, the declaration, the documents
622	creating the association, or the bylaws. Common expenses also
623	include reasonable transportation services, insurance for
624	directors and officers, road maintenance and operation expenses,
625	in-house communications, and security services, which are
626	reasonably related to the general benefit of the unit owners
627	even if such expenses do not attach to the common elements or
628	property of the condominium. However, such common expenses must
629	either have been services or items provided on or after the date
630	control of the association is transferred from the developer to
631	the unit owners or must be services or items provided for in the
632	condominium documents or bylaws. Unless the manner of payment or
633	allocation of expenses is otherwise addressed in the declaration
634	of condominium, the expenses of any items or services required
635	by any federal, state, or local governmental entity to be
636	installed, maintained, or supplied to the condominium property
637	by the association, including, but not limited to, fire safety
638	equipment or water and sewer service where a master meter serves
639	the condominium, shall be common expenses whether or not such
640	items or services are specifically identified as common expenses
641	in the declaration of condominium, articles of incorporation, or
642	bylaws of the association.
643	Section 5.  Subsection (8) of section 718.116, Florida
644	Statutes, is amended to read:
645	718.116  Assessments; liability; lien and priority;
646	interest; collection.--
647	(8)  Within 15 days after receiving a written request
648	therefor from a unit owner or his or her designee purchaser, or
649	a unit mortgagee or his or her designee, the association shall
650	provide a certificate signed by an officer or agent of the
651	association stating all assessments and other moneys owed to the
652	association by the unit owner with respect to the condominium
653	parcel.
654	(a)  Any person other than the owner who relies upon such
655	certificate shall be protected thereby.
656	(b)  A summary proceeding pursuant to s. 51.011 may be
657	brought to compel compliance with this subsection, and in any
658	such action the prevailing party is entitled to recover
659	reasonable attorney's fees.
660	(c)  Notwithstanding any limitation on transfer fees
661	contained in s. 718.112(2)(i), the association or its authorized
662	agent may charge a reasonable fee for the preparation of the
663	certificate. The amount of the fee must be included on the
664	certificate.
665	(d)  The authority to charge a fee for the certificate
666	shall be established by a written resolution adopted by the
667	board or provided by a written management, bookkeeping, or
668	maintenance contract and is payable upon the preparation of the
669	certificate. If the certificate is requested in conjunction with
670	the sale or mortgage of a unit but the closing does not occur
671	and no later than 30 days after the closing date for which the
672	certificate was sought the preparer receives a written request,
673	accompanied by reasonable documentation, that the sale did not
674	occur from a payer that is not the unit owner, the fee shall be
675	refunded to that payer within 30 days after receipt of the
676	request. The refund is the obligation of the unit owner, and the
677	association may collect it from that owner in the same manner as
678	an assessment as provided in this section.
679	Section 6.  Paragraph (c) of subsection (17) of section
680	718.117, Florida Statutes, is amended to read:
681	718.117  Termination of condominium.--
682	(17)  DISTRIBUTION.--
683	(c)  The proceeds from any sale of condominium property or
684	association property and any remaining condominium property or
685	association property, common surplus, and other assets shall be
686	distributed in the following priority:
687	1.  To pay the reasonable termination trustee's fees and
688	costs and accounting fees and costs.
689	2.  To lienholders of liens recorded prior to the recording
690	of the declaration.
691	3.  To purchase-money lienholders on units to the extent
692	necessary to satisfy their liens; however, the distribution may
693	not exceed a unit owner's share of the proceeds.
694	4.  To lienholders of liens of the association which have
695	been consented to under s. 718.121(1).
696	5.  To creditors of the association, as their interests
697	appear.
698	6.  To unit owners, the proceeds of any sale of condominium
699	property subject to satisfaction of liens on each unit in their
700	order of priority, in shares specified in the plan of
701	termination, unless objected to by a unit owner or lienor as
702	provided in paragraph (b).
703	7.  To unit owners, the remaining condominium property,
704	subject to satisfaction of liens on each unit in their order of
705	priority, in shares specified in the plan of termination, unless
706	objected to by a unit owner or a lienor as provided in paragraph
707	(b).
708	8.  To unit owners, the proceeds of any sale of association
709	property, the remaining association property, common surplus,
710	and other assets of the association, subject to satisfaction of
711	liens on each unit in their order of priority, in shares
712	specified in the plan of termination, unless objected to by a
713	unit owner or a lienor as provided in paragraph (b).
714	Section 7.  Section 720.30851, Florida Statutes, is created
715	to read:
716	720.30851  Estoppel certificates.--Within 15 days after the
717	date on which a request for an estoppel certificate is received
718	from a parcel owner or mortgagee, or his or her designee, the
719	association shall provide a certificate signed by an officer or
720	authorized agent of the association stating all assessments and
721	other moneys owed to the association by the parcel owner or
722	mortgagee with respect to the parcel. An association may charge
723	a fee for the preparation of such certificate, and the amount of
724	such fee must be stated on the certificate.
725	(1)  Any person other than a parcel owner who relies upon a
726	certificate receives the benefits and protection thereof.
727	(2)  A summary proceeding pursuant to s. 51.011 may be
728	brought to compel compliance with this section, and the
729	prevailing party is entitled to recover reasonable attorney's
730	fees.
731	(3)  The authority to charge a fee for the certificate
732	shall be established by a written resolution adopted by the
733	board or provided by a written management, bookkeeping, or
734	maintenance contract and is payable upon the preparation of the
735	certificate. If the certificate is requested in conjunction with
736	the sale or mortgage of a parcel but the closing does not occur
737	and no later than 30 days after the closing date for which the
738	certificate was sought the preparer receives a written request,
739	accompanied by reasonable documentation, that the sale did not
740	occur from a payer that is not the parcel owner, the fee shall
741	be refunded to that payer within 30 days after receipt of the
742	request. The refund is the obligation of the parcel owner, and
743	the association may collect it from that owner in the same
744	manner as an assessment as provided in this section.
745	Section 8.  Paragraphs (d) and (j) of subsection (2) of
746	section 20.165, Florida Statutes, are amended to read:
747	20.165  Department of Business and Professional
748	Regulation.--There is created a Department of Business and
749	Professional Regulation.
750	(2)  The following divisions of the Department of Business
751	and Professional Regulation are established:
752	(d)  Division of Florida Land Sales, Condominiums,
753	Timeshares, and Mobile Homes.
754	(j)  Division of Technology, Licensure, and Testing.
755	Section 9.  Subsection (2) of section 73.073, Florida
756	Statutes, is amended to read:
757	73.073  Eminent domain procedure with respect to
758	condominium common elements.--
759	(2)  With respect to the exercise of eminent domain or a
760	negotiated sale for the purchase or taking of a portion of the
761	common elements of a condominium, the condemning authority shall
762	have the responsibility of contacting the condominium
763	association and acquiring the most recent rolls indicating the
764	names of the unit owners or contacting the appropriate taxing
765	authority to obtain the names of the owners of record on the tax
766	rolls. Notification shall thereupon be sent by certified mail,
767	return receipt requested, to the unit owners of record of the
768	condominium units by the condemning authority indicating the
769	intent to purchase or take the required property and requesting
770	a response from the unit owner. The condemning authority shall
771	be responsible for the expense of sending notification pursuant
772	to this section. Such notice shall, at a minimum, include:
773	(a)  The name and address of the condemning authority.
774	(b)  A written or visual description of the property.
775	(c)  The public purpose for which the property is needed.
776	(d)  The appraisal value of the property.
777	(e)  A clear, concise statement relating to the unit
778	owner's right to object to the taking or appraisal value and the
779	procedures and effects of exercising that right.
780	(f)  A clear, concise statement relating to the power of
781	the association to convey the property on behalf of the unit
782	owners if no objection to the taking or appraisal value is
783	raised, and the effects of this alternative on the unit owner.
784
785	The Division of Florida Land Sales, Condominiums, Timeshares,
786	and Mobile Homes of the Department of Business and Professional
787	Regulation may adopt, by rule, a standard form for such notice
788	and may require the notice to include any additional relevant
789	information.
790	Section 10.  Subsections (2) and (3) of section 190.009,
791	Florida Statutes, are amended to read:
792	190.009  Disclosure of public financing.--
793	(2)  The Division of Florida Land Sales, Condominiums, and
794	Mobile Homes of the Department of Business and Professional
795	Regulation shall ensure that disclosures made by developers
796	pursuant to chapter 498 meet the requirements of subsection (1).
797	(2)(3)  The Department of Community Affairs shall keep a
798	current list of districts and their disclosures pursuant to this
799	act and shall make such studies and reports and take such
800	actions as it deems necessary.
801	Section 11.  Paragraph (e) of subsection (6) of section
802	192.037, Florida Statutes, is amended to read:
803	192.037  Fee timeshare real property; taxes and
804	assessments; escrow.--
805	(6)
806	(e)  On or before May 1 of each year, a statement of
807	receipts and disbursements of the escrow account must be filed
808	with the Division of Florida Land Sales, Condominiums,
809	Timeshares, and Mobile Homes of the Department of Business and
810	Professional Regulation, which may enforce this paragraph
811	pursuant to s. 721.26. This statement must appropriately show
812	the amount of principal and interest in such account.
813	Section 12.  Paragraph (i) of subsection (8) of section
814	213.053, Florida Statutes, is amended to read:
815	213.053  Confidentiality and information sharing.--
816	(8)  Notwithstanding any other provision of this section,
817	the department may provide:
818	(i)  Information relative to chapters 212 and 326 to the
819	Division of Florida Land Sales, Condominiums, Timeshares, and
820	Mobile Homes of the Department of Business and Professional
821	Regulation in the conduct of its official duties.
822
823	Disclosure of information under this subsection shall be
824	pursuant to a written agreement between the executive director
825	and the agency. Such agencies, governmental or nongovernmental,
826	shall be bound by the same requirements of confidentiality as
827	the Department of Revenue. Breach of confidentiality is a
828	misdemeanor of the first degree, punishable as provided by s.
829	775.082 or s. 775.083.
830	Section 13.  Paragraph (d) of subsection (4) of section
831	215.20, Florida Statutes, is amended to read:
832	215.20  Certain income and certain trust funds to
833	contribute to the General Revenue Fund.--
834	(4)  The income of a revenue nature deposited in the
835	following described trust funds, by whatever name designated, is
836	that from which the appropriations authorized by subsection (3)
837	shall be made:
838	(d)  Within the Department of Business and Professional
839	Regulation:
840	1.  The Administrative Trust Fund.
841	2.  The Alcoholic Beverage and Tobacco Trust Fund.
842	3.  The Cigarette Tax Collection Trust Fund.
843	4.  The Division of Florida Land Sales, Condominiums,
844	Timeshares, and Mobile Homes Trust Fund.
845	5.  The Hotel and Restaurant Trust Fund, with the exception
846	of those fees collected for the purpose of funding of the
847	hospitality education program as stated in s. 509.302.
848	6.  The Professional Regulation Trust Fund.
849	7.  The trust funds administered by the Division of Pari-
850	mutuel Wagering.
851
852	The enumeration of the foregoing moneys or trust funds shall not
853	prohibit the applicability thereto of s. 215.24 should the
854	Governor determine that for the reasons mentioned in s. 215.24
855	the money or trust funds should be exempt herefrom, as it is the
856	purpose of this law to exempt income from its force and effect
857	when, by the operation of this law, federal matching funds or
858	contributions or private grants to any trust fund would be lost
859	to the state.
860	Section 14.  Subsection (2) of section 326.002, Florida
861	Statutes, is amended to read:
862	326.002  Definitions.--As used in ss. 326.001-326.006, the
863	term:
864	(2)  "Division" means the Division of Florida Land Sales,
865	Condominiums, Timeshares, and Mobile Homes of the Department of
866	Business and Professional Regulation.
867	Section 15.  Paragraph (d) of subsection (2) and subsection
868	(3) of section 326.006, Florida Statutes, are amended to read:
869	326.006  Powers and duties of division.--
870	(2)  The division has the power to enforce and ensure
871	compliance with the provisions of this chapter and rules adopted
872	under this chapter relating to the sale and ownership of yachts
873	and ships. In performing its duties, the division has the
874	following powers and duties:
875	(d)  Notwithstanding any remedies available to a yacht or
876	ship purchaser, if the division has reasonable cause to believe
877	that a violation of any provision of this chapter or rule
878	adopted under this chapter has occurred, the division may
879	institute enforcement proceedings in its own name against any
880	broker or salesperson or any of his or her assignees or agents,
881	or against any unlicensed person or any of his or her assignees
882	or agents, as follows:
883	1.  The division may permit a person whose conduct or
884	actions are under investigation to waive formal proceedings and
885	enter into a consent proceeding whereby orders, rules, or
886	letters of censure or warning, whether formal or informal, may
887	be entered against the person.
888	2.  The division may issue an order requiring the broker or
889	salesperson or any of his or her assignees or agents, or
890	requiring any unlicensed person or any of his or her assignees
891	or agents, to cease and desist from the unlawful practice and
892	take such affirmative action as in the judgment of the division
893	will carry out the purposes of this chapter.
894	3.  The division may bring an action in circuit court on
895	behalf of a class of yacht or ship purchasers for declaratory
896	relief, injunctive relief, or restitution.
897	4.  The division may impose a civil penalty against a
898	broker or salesperson or any of his or her assignees or agents,
899	or against an unlicensed person or any of his or her assignees
900	or agents, for any violation of this chapter or a rule adopted
901	under this chapter. A penalty may be imposed for each day of
902	continuing violation, but in no event may the penalty for any
903	offense exceed $10,000. All amounts collected must be deposited
904	with the Chief Financial Officer to the credit of the Division
905	of Florida Land Sales, Condominiums, Timeshares, and Mobile
906	Homes Trust Fund. If a broker, salesperson, or unlicensed person
907	working for a broker, fails to pay the civil penalty, the
908	division shall thereupon issue an order suspending the broker's
909	license until such time as the civil penalty is paid or may
910	pursue enforcement of the penalty in a court of competent
911	jurisdiction. The order imposing the civil penalty or the order
912	of suspension may not become effective until 20 days after the
913	date of such order. Any action commenced by the division must be
914	brought in the county in which the division has its executive
915	offices or in the county where the violation occurred.
916	(3)  All fees must be deposited in the Division of Florida
917	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
918	Fund as provided by law.
919	Section 16.  Subsection (18) of section 380.05, Florida
920	Statutes, is amended to read:
921	380.05  Areas of critical state concern.--
922	(18)  Neither the designation of an area of critical state
923	concern nor the adoption of any regulations for such an area
924	shall in any way limit or modify the rights of any person to
925	complete any development that was has been authorized by
926	registration of a subdivision pursuant to former chapter 498 or
927	former chapter 478, by recordation pursuant to local subdivision
928	plat law, or by a building permit or other authorization to
929	commence development on which there has been reliance and a
930	change of position, and which registration or recordation was
931	accomplished, or which permit or authorization was issued, prior
932	to the approval under subsection (6), or the adoption under
933	subsection (8), of land development regulations for the area of
934	critical state concern. If a developer has by his or her actions
935	in reliance on prior regulations obtained vested or other legal
936	rights that in law would have prevented a local government from
937	changing those regulations in a way adverse to the developer's
938	interests, nothing in this chapter authorizes any governmental
939	agency to abridge those rights.
940	Section 17.  Subsection (20) of section 380.06, Florida
941	Statutes, is amended to read:
942	380.06  Developments of regional impact.--
943	(20)  VESTED RIGHTS.--Nothing in this section shall limit
944	or modify the rights of any person to complete any development
945	that was has been authorized by registration of a subdivision
946	pursuant to former chapter 498, by recordation pursuant to local
947	subdivision plat law, or by a building permit or other
948	authorization to commence development on which there has been
949	reliance and a change of position and which registration or
950	recordation was accomplished, or which permit or authorization
951	was issued, prior to July 1, 1973. If a developer has, by his or
952	her actions in reliance on prior regulations, obtained vested or
953	other legal rights that in law would have prevented a local
954	government from changing those regulations in a way adverse to
955	the developer's interests, nothing in this chapter authorizes
956	any governmental agency to abridge those rights.
957	(a)  For the purpose of determining the vesting of rights
958	under this subsection, approval pursuant to local subdivision
959	plat law, ordinances, or regulations of a subdivision plat by
960	formal vote of a county or municipal governmental body having
961	jurisdiction after August 1, 1967, and prior to July 1, 1973, is
962	sufficient to vest all property rights for the purposes of this
963	subsection; and no action in reliance on, or change of position
964	concerning, such local governmental approval is required for
965	vesting to take place. Anyone claiming vested rights under this
966	paragraph must so notify the department in writing by January 1,
967	1986. Such notification shall include information adequate to
968	document the rights established by this subsection. When such
969	notification requirements are met, in order for the vested
970	rights authorized pursuant to this paragraph to remain valid
971	after June 30, 1990, development of the vested plan must be
972	commenced prior to that date upon the property that the state
973	land planning agency has determined to have acquired vested
974	rights following the notification or in a binding letter of
975	interpretation. When the notification requirements have not been
976	met, the vested rights authorized by this paragraph shall expire
977	June 30, 1986, unless development commenced prior to that date.
978	(b)  For the purpose of this act, the conveyance of, or the
979	agreement to convey, property to the county, state, or local
980	government as a prerequisite to zoning change approval shall be
981	construed as an act of reliance to vest rights as determined
982	under this subsection, provided such zoning change is actually
983	granted by such government.
984	Section 18.  Paragraph (a) of subsection (4) of section
985	380.0651, Florida Statutes, is amended to read:
986	380.0651  Statewide guidelines and standards.--
987	(4)  Two or more developments, represented by their owners
988	or developers to be separate developments, shall be aggregated
989	and treated as a single development under this chapter when they
990	are determined to be part of a unified plan of development and
991	are physically proximate to one other.
992	(a)  The criteria of two of the following subparagraphs
993	must be met in order for the state land planning agency to
994	determine that there is a unified plan of development:
995	1.a.  The same person has retained or shared control of the
996	developments;
997	b.  The same person has ownership or a significant legal or
998	equitable interest in the developments; or
999	c.  There is common management of the developments
1000	controlling the form of physical development or disposition of
1001	parcels of the development.
1002	2.  There is a reasonable closeness in time between the
1003	completion of 80 percent or less of one development and the
1004	submission to a governmental agency of a master plan or series
1005	of plans or drawings for the other development which is
1006	indicative of a common development effort.
1007	3.  A master plan or series of plans or drawings exists
1008	covering the developments sought to be aggregated which have
1009	been submitted to a local general-purpose government, water
1010	management district, the Florida Department of Environmental
1011	Protection, or the Division of Florida Land Sales, Condominiums,
1012	Timeshares, and Mobile Homes for authorization to commence
1013	development. The existence or implementation of a utility's
1014	master utility plan required by the Public Service Commission or
1015	general-purpose local government or a master drainage plan shall
1016	not be the sole determinant of the existence of a master plan.
1017	4.  The voluntary sharing of infrastructure that is
1018	indicative of a common development effort or is designated
1019	specifically to accommodate the developments sought to be
1020	aggregated, except that which was implemented because it was
1021	required by a local general-purpose government; water management
1022	district; the Department of Environmental Protection; the
1023	Division of Florida Land Sales, Condominiums, Timeshares, and
1024	Mobile Homes; or the Public Service Commission.
1025	5.  There is a common advertising scheme or promotional
1026	plan in effect for the developments sought to be aggregated.
1027	Section 19.  Paragraph (c) of subsection (4) of section
1028	381.0065, Florida Statutes, is amended to read:
1029	381.0065  Onsite sewage treatment and disposal systems;
1030	regulation.--
1031	(4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
1032	not construct, repair, modify, abandon, or operate an onsite
1033	sewage treatment and disposal system without first obtaining a
1034	permit approved by the department. The department may issue
1035	permits to carry out this section, but shall not make the
1036	issuance of such permits contingent upon prior approval by the
1037	Department of Environmental Protection, except that the issuance
1038	of a permit for work seaward of the coastal construction control
1039	line established under s. 161.053 shall be contingent upon
1040	receipt of any required coastal construction control line permit
1041	from the Department of Environmental Protection. A construction
1042	permit is valid for 18 months from the issuance date and may be
1043	extended by the department for one 90-day period under rules
1044	adopted by the department. A repair permit is valid for 90 days
1045	from the date of issuance. An operating permit must be obtained
1046	prior to the use of any aerobic treatment unit or if the
1047	establishment generates commercial waste. Buildings or
1048	establishments that use an aerobic treatment unit or generate
1049	commercial waste shall be inspected by the department at least
1050	annually to assure compliance with the terms of the operating
1051	permit. The operating permit for a commercial wastewater system
1052	is valid for 1 year from the date of issuance and must be
1053	renewed annually. The operating permit for an aerobic treatment
1054	unit is valid for 2 years from the date of issuance and must be
1055	renewed every 2 years. If all information pertaining to the
1056	siting, location, and installation conditions or repair of an
1057	onsite sewage treatment and disposal system remains the same, a
1058	construction or repair permit for the onsite sewage treatment
1059	and disposal system may be transferred to another person, if the
1060	transferee files, within 60 days after the transfer of
1061	ownership, an amended application providing all corrected
1062	information and proof of ownership of the property. There is no
1063	fee associated with the processing of this supplemental
1064	information. A person may not contract to construct, modify,
1065	alter, repair, service, abandon, or maintain any portion of an
1066	onsite sewage treatment and disposal system without being
1067	registered under part III of chapter 489. A property owner who
1068	personally performs construction, maintenance, or repairs to a
1069	system serving his or her own owner-occupied single-family
1070	residence is exempt from registration requirements for
1071	performing such construction, maintenance, or repairs on that
1072	residence, but is subject to all permitting requirements. A
1073	municipality or political subdivision of the state may not issue
1074	a building or plumbing permit for any building that requires the
1075	use of an onsite sewage treatment and disposal system unless the
1076	owner or builder has received a construction permit for such
1077	system from the department. A building or structure may not be
1078	occupied and a municipality, political subdivision, or any state
1079	or federal agency may not authorize occupancy until the
1080	department approves the final installation of the onsite sewage
1081	treatment and disposal system. A municipality or political
1082	subdivision of the state may not approve any change in occupancy
1083	or tenancy of a building that uses an onsite sewage treatment
1084	and disposal system until the department has reviewed the use of
1085	the system with the proposed change, approved the change, and
1086	amended the operating permit.
1087	(c)  Notwithstanding the provisions of paragraphs (a) and
1088	(b), for subdivisions platted of record on or before October 1,
1089	1991, when a developer or other appropriate entity has
1090	previously made or makes provisions, including financial
1091	assurances or other commitments, acceptable to the Department of
1092	Health, that a central water system will be installed by a
1093	regulated public utility based on a density formula, private
1094	potable wells may be used with onsite sewage treatment and
1095	disposal systems until the agreed-upon densities are reached.
1096	The department may consider assurances filed with the Department
1097	of Business and Professional Regulation under chapter 498 in
1098	determining the adequacy of the financial assurance required by
1099	this paragraph. In a subdivision regulated by this paragraph,
1100	the average daily sewage flow may not exceed 2,500 gallons per
1101	acre per day. This section does not affect the validity of
1102	existing prior agreements. After October 1, 1991, the exception
1103	provided under this paragraph is not available to a developer or
1104	other appropriate entity.
1105	Section 20.  Subsections (8) through (12) of section
1106	450.33, Florida Statutes, are amended to read:
1107	450.33  Duties of farm labor contractor.--Every farm labor
1108	contractor must:
1109	(8)  File, within such time as the department may
1110	prescribe, a set of his or her fingerprints.
1111	(8)(9)  Produce evidence to the department that each
1112	vehicle he or she uses for the transportation of employees
1113	complies with the requirements and specifications established in
1114	chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
1115	Pub. L. No. 97-470 meeting Department of Transportation
1116	requirements or, in lieu thereof, bears a valid inspection
1117	sticker showing that the vehicle has passed the inspection in
1118	the state in which the vehicle is registered.
1119	(9)(10)  Comply with all applicable statutes, rules, and
1120	regulations of the United States and of the State of Florida for
1121	the protection or benefit of labor, including, but not limited
1122	to, those providing for wages, hours, fair labor standards,
1123	social security, workers' compensation, unemployment
1124	compensation, child labor, and transportation.
1125	(10)(11)  Maintain accurate daily field records for each
1126	employee actually paid by the farm labor contractor reflecting
1127	the hours worked for the farm labor contractor and, if paid by
1128	unit, the number of units harvested and the amount paid per
1129	unit.
1130	(11)(12)  Clearly display on each vehicle used to transport
1131	migrant or seasonal farm workers a display sticker issued by the
1132	department, which states that the vehicle is authorized by the
1133	department to transport farm workers and the expiration date of
1134	the authorization.
1135	Section 21.  Subsection (10) is added to section 455.203,
1136	Florida Statutes, to read:
1137	455.203  Department; powers and duties.--The department,
1138	for the boards under its jurisdiction, shall:
1139	(10)  Have authority to:
1140	(a)  Close and terminate deficient license application
1141	files 2 years after the board or the department notifies the
1142	applicant of the deficiency; and
1143	(b)  Approve applications for professional licenses that
1144	meet all statutory and rule requirements for licensure.
1145	Section 22.  Subsection (5) of section 455.116, Florida
1146	Statutes, is amended to read:
1147	455.116  Regulation trust funds.--The following trust funds
1148	shall be placed in the department:
1149	(5)  Division of Florida Land Sales, Condominiums,
1150	Timeshares, and Mobile Homes Trust Fund.
1151	Section 23.  Subsection (1) of section 455.217, Florida
1152	Statutes, is amended to read:
1153	455.217  Examinations.--This section shall be read in
1154	conjunction with the appropriate practice act associated with
1155	each regulated profession under this chapter.
1156	(1)  The Division of Technology, Licensure, and Testing of
1157	the Department of Business and Professional Regulation shall
1158	provide, contract, or approve services for the development,
1159	preparation, administration, scoring, score reporting, and
1160	evaluation of all examinations. The division shall seek the
1161	advice of the appropriate board in providing such services.
1162	(a)  The department, acting in conjunction with the
1163	Division of Technology, Licensure, and Testing and the Division
1164	of Real Estate, as appropriate, shall ensure that examinations
1165	adequately and reliably measure an applicant's ability to
1166	practice the profession regulated by the department. After an
1167	examination developed or approved by the department has been
1168	administered, the board or department may reject any question
1169	which does not reliably measure the general areas of competency
1170	specified in the rules of the board or department, when there is
1171	no board. The department shall use professional testing services
1172	for the development, preparation, and evaluation of
1173	examinations, when such services are available and approved by
1174	the board.
1175	(b)  For each examination developed by the department or
1176	contracted vendor, to the extent not otherwise specified by
1177	statute, the board or the department when there is no board,
1178	shall by rule specify the general areas of competency to be
1179	covered by the examination, the relative weight to be assigned
1180	in grading each area tested, the score necessary to achieve a
1181	passing grade, and the fees, where applicable, to cover the
1182	actual cost for any purchase, development, and administration of
1183	the required examination. However, statutory fee caps in each
1184	practice act shall apply. This subsection does not apply to
1185	national examinations approved and administered pursuant to
1186	paragraph (d).
1187	(c)  If a practical examination is deemed to be necessary,
1188	rules shall specify the criteria by which examiners are to be
1189	selected, the grading criteria to be used by the examiner, the
1190	relative weight to be assigned in grading each criterion, and
1191	the score necessary to achieve a passing grade. When a mandatory
1192	standardization exercise for a practical examination is required
1193	by law, the board may conduct such exercise. Therefore, board
1194	members may serve as examiners at a practical examination with
1195	the consent of the board.
1196	(d)  A board, or the department when there is no board, may
1197	approve by rule the use of any national examination which the
1198	department has certified as meeting requirements of national
1199	examinations and generally accepted testing standards pursuant
1200	to department rules. Providers of examinations, which may be
1201	either profit or nonprofit entities, seeking certification by
1202	the department shall pay the actual costs incurred by the
1203	department in making a determination regarding the
1204	certification. The department shall use any national examination
1205	which is available, certified by the department, and approved by
1206	the board. The name and number of a candidate may be provided to
1207	a national contractor for the limited purpose of preparing the
1208	grade tape and information to be returned to the board or
1209	department or, to the extent otherwise specified by rule, the
1210	candidate may apply directly to the vendor of the national
1211	examination. The department may delegate to the board the duty
1212	to provide and administer the examination. Any national
1213	examination approved by a board, or the department when there is
1214	no board, prior to October 1, 1997, is deemed certified under
1215	this paragraph. Any licensing or certification examination that
1216	is not developed or administered by the department in-house or
1217	provided as a national examination shall be competitively bid.
1218	(e)  The department shall adopt rules regarding the
1219	security and monitoring of examinations. In order to maintain
1220	the security of examinations, the department may employ the
1221	procedures set forth in s. 455.228 to seek fines and injunctive
1222	relief against an examinee who violates the provisions of s.
1223	455.2175 or the rules adopted pursuant to this paragraph. The
1224	department, or any agent thereof, may, for the purposes of
1225	investigation, confiscate any written, photographic, or
1226	recording material or device in the possession of the examinee
1227	at the examination site which the department deems necessary to
1228	enforce such provisions or rules.
1229	(f)  If the professional board with jurisdiction over an
1230	examination concurs, the department may, for a fee, share with
1231	any other state's licensing authority an examination developed
1232	by or for the department unless prohibited by a contract entered
1233	into by the department for development or purchase of the
1234	examination. The department, with the concurrence of the
1235	appropriate board, shall establish guidelines that ensure
1236	security of a shared exam and shall require that any other
1237	state's licensing authority comply with those guidelines. Those
1238	guidelines shall be approved by the appropriate professional
1239	board. All fees paid by the user shall be applied to the
1240	department's examination and development program for professions
1241	regulated by this chapter. All fees paid by the user for
1242	professions not regulated by this chapter shall be applied to
1243	offset the fees for the development and administration of that
1244	profession's examination. If both a written and a practical
1245	examination are given, an applicant shall be required to retake
1246	only the portion of the examination for which he or she failed
1247	to achieve a passing grade, if he or she successfully passes
1248	that portion within a reasonable time of his or her passing the
1249	other portion.
1250	Section 24.  Subsection (6) is added to section 455.2273,
1251	Florida Statutes, to read:
1252	455.2273  Disciplinary guidelines.--
1253	(6)  Notwithstanding s. 455.017, this section applies to
1254	disciplinary guidelines adopted by all boards or divisions
1255	within the department.
1256	Section 25.  Effective July 1, 2010, paragraph (d) of
1257	subsection (1) and paragraph (d) of subsection (2) of section
1258	468.841, Florida Statutes, are amended to read:
1259	468.841  Exemptions.--
1260	(1)  The following persons are not required to comply with
1261	any provisions of this part relating to mold assessment:
1262	(d)  Persons or business organizations acting within the
1263	scope of the respective licenses required under chapter 471,
1264	part I of chapter 481, chapter 482, or chapter 489, or part XV
1265	of this chapter, are acting on behalf of an insurer under part
1266	VI of chapter 626, or are persons in the manufactured housing
1267	industry who are licensed under chapter 320, except when any
1268	such persons or business organizations hold themselves out for
1269	hire to the public as a "certified mold assessor remediator,"
1270	"registered mold assessor remediator," "licensed mold assessor
1271	remediator," "mold assessor remediator," "professional mold
1272	assessor remediator," or any combination thereof stating or
1273	implying licensure under this part.
1274	(2)  The following persons are not required to comply with
1275	any provisions of this part relating to mold remediation:
1276	(d)  Persons or business organizations that are acting
1277	within the scope of the respective licenses required under
1278	chapter 471, part I of chapter 481, chapter 482, or chapter 489,
1279	or part XV of this chapter, are acting on behalf of an insurer
1280	under part VI of chapter 626, or are persons in the manufactured
1281	housing industry who are licensed under chapter 320, except when
1282	any such persons or business organizations hold themselves out
1283	for hire to the public as a "certified mold remediator
1284	assessor," "registered mold remediator assessor," "licensed mold
1285	remediator assessor," "mold remediator assessor," "professional
1286	mold remediator assessor," or any combination thereof stating or
1287	implying licensure under this part.
1288	Section 26.  Paragraph (b) of subsection (2) of section
1289	475.17, Florida Statutes, is amended to read:
1290	475.17  Qualifications for practice.--
1291	(2)
1292	(b)  A person may not be licensed as a real estate broker
1293	unless, in addition to the other requirements of law, the person
1294	has held:
1295	1.  An active real estate sales associate's license for at
1296	least 24 12 months during the preceding 5 years in the office of
1297	one or more real estate brokers licensed in this state or any
1298	other state, territory, or jurisdiction of the United States or
1299	in any foreign national jurisdiction;
1300	2.  A current and valid real estate sales associate's
1301	license for at least 24 12 months during the preceding 5 years
1302	in the employ of a governmental agency for a salary and
1303	performing the duties authorized in this part for real estate
1304	licensees; or
1305	3.  A current and valid real estate broker's license for at
1306	least 24 12 months during the preceding 5 years in any other
1307	state, territory, or jurisdiction of the United States or in any
1308	foreign national jurisdiction.
1309
1310	This paragraph does not apply to a person employed as a real
1311	estate investigator by the Division of Real Estate, provided the
1312	person has been employed as a real estate investigator for at
1313	least 24 months. The person must be currently employed as a real
1314	estate investigator to sit for the real estate broker's
1315	examination and have held a valid and current sales associate's
1316	license for at least 12 months.
1317	Section 27.  Subsection (9) of section 475.451, Florida
1318	Statutes, is amended to read:
1319	475.451  Schools teaching real estate practice.--
1320	(9)(a)  Each school permitholder of a proprietary real
1321	estate school, each chief administrative person of such an
1322	institution, or each course sponsor shall deliver to the
1323	department, in a format acceptable to the department, a copy of
1324	the classroom course roster of courses that require satisfactory
1325	completion of an examination no later than 30 days beyond the
1326	end of the calendar month in which the course was completed.
1327	(b)  The course roster shall consist of the institution or
1328	school name and permit number, if applicable, the instructor's
1329	name and permit number, if applicable, course title, beginning
1330	and ending dates of the course, number of course hours, course
1331	location, if applicable, each student's full name and license
1332	number, if applicable, each student's mailing address, and the
1333	numerical grade each student achieved. The course roster shall
1334	also include the signature of the school permitholder, the chief
1335	administrative person, or the course sponsor.
1336	Section 28.  Section 475.455, Florida Statutes, is amended
1337	to read:
1338	475.455  Exchange of disciplinary information.--The
1339	commission shall inform the Division of Florida Land Sales,
1340	Condominiums, Timeshares, and Mobile Homes of the Department of
1341	Business and Professional Regulation of any disciplinary action
1342	the commission has taken against any of its licensees. The
1343	division shall inform the commission of any disciplinary action
1344	the division has taken against any broker or sales associate
1345	registered with the division.
1346	Section 29.  Subsections (4) and (5) of section 477.019,
1347	Florida Statutes, are amended, subsections (5) through (7) of
1348	that section are renumbered as subsections (6) through (8),
1349	respectively, and a new subsection (3) is added to that section,
1350	to read:
1351	477.019  Cosmetologists; qualifications; licensure;
1352	supervised practice; license renewal; endorsement; continuing
1353	education.--
1354	(3)  An application for the licensure examination for any
1355	license under this section may be submitted for examination
1356	approval in the last 100 hours of training by a pregraduate of a
1357	licensed cosmetology school or a program within the public
1358	school system, which school or program is certified by the
1359	Department of Education with fees as required in paragraph
1360	(2)(b). Upon approval, the applicant may schedule the
1361	examination on a date when the training hours are completed. An
1362	applicant shall have 6 months from the date of approval to take
1363	the examination. After the 6 months have passed, if the
1364	applicant failed to take the examination, the applicant must
1365	reapply. The board shall establish by rule the procedures for
1366	the pregraduate application process.
1367	(4) (3)  Upon an applicant receiving a passing grade, as
1368	established by board rule, on the examination and paying the
1369	initial licensing fee, the department shall issue a license to
1370	practice cosmetology.
1371	(5) (4)  If an applicant passes all parts of the
1372	examination for licensure as a cosmetologist, he or she may
1373	practice in the time between passing the examination and
1374	receiving a physical copy of his or her license if he or she
1375	practices under the supervision of a licensed cosmetologist in a
1376	licensed salon. An applicant who fails any part of the
1377	examination may not practice as a cosmetologist and may
1378	immediately apply for reexamination. Following the completion of
1379	the first licensing examination and pending the results of that
1380	examination and issuance of a license to practice cosmetology,
1381	graduates of licensed cosmetology schools or cosmetology
1382	programs offered in public school systems, which schools or
1383	programs are certified by the Department of Education, are
1384	eligible to practice cosmetology, provided such graduates
1385	practice under the supervision of a licensed cosmetologist in a
1386	licensed cosmetology salon. A graduate who fails the first
1387	examination may continue to practice under the supervision of a
1388	licensed cosmetologist in a licensed cosmetology salon if the
1389	graduate applies for the next available examination and until
1390	the graduate receives the results of that examination. No
1391	graduate may continue to practice under this subsection if the
1392	graduate fails the examination twice.
1393	Section 30.  Subsection (6) of section 489.105, Florida
1394	Statutes, is amended to read:
1395	489.105  Definitions.--As used in this part:
1396	(6)  "Contracting" means, except as exempted in this part,
1397	engaging in business as a contractor and includes, but is not
1398	limited to, performance of any of the acts as set forth in
1399	subsection (3) which define types of contractors. The attempted
1400	sale of contracting services and the negotiation or bid for a
1401	contract on these services also constitutes contracting. If the
1402	services offered require licensure or agent qualification, the
1403	offering, negotiation for a bid, or attempted sale of these
1404	services requires the corresponding licensure. However, the term
1405	"contracting" shall not extend to an individual, partnership,
1406	corporation, trust, or other legal entity that offers to sell or
1407	sells completed residences on property on which the individual
1408	or business entity has any legal or equitable interest, or to
1409	the individual or business entity that offers to sell or sells
1410	manufactured or factory-built buildings that will be completed
1411	on site on property on which either party to a contract has any
1412	legal or equitable interest, if the services of a qualified
1413	contractor certified or registered pursuant to the requirements
1414	of this chapter have been or will be retained for the purpose of
1415	constructing or completing such residences.
1416	Section 31.  Section 489.511, Florida Statutes, is amended
1417	to read:
1418	489.511  Certification; application; examinations;
1419	endorsement.--
1420	(1)(a)  Any person who is at least 18 years of age may take
1421	the certification examination.
1422	(b)  Any person desiring to be certified as a contractor
1423	shall apply to the department in writing and must meet the
1424	following criteria: to take the certification examination.
1425	(2)(a)  A person shall be entitled to take the
1426	certification examination for the purpose of determining whether
1427	he or she is qualified to engage in contracting throughout the
1428	state as a contractor if the person:
1429	1.  Is at least 18 years of age;
1430	1.2.  Be Is of good moral character;
1431	2.  Pass the certification examination, achieving a passing
1432	grade as established by board rule; and
1433	3.  Meet Meets eligibility requirements according to one of
1434	the following criteria:
1435	a.  Has, within the 6 years immediately preceding the
1436	filing of the application, at least 3 years' proven management
1437	experience in the trade or education equivalent thereto, or a
1438	combination thereof, but not more than one-half of such
1439	experience may be educational equivalent;
1440	b.  Has, within the 8 years immediately preceding the
1441	filing of the application, at least 4 years' experience as a
1442	supervisor or contractor in the trade for which he or she is
1443	making application;
1444	c.  Has, within the 12 years immediately preceding the
1445	filing of the application, at least 6 years of comprehensive
1446	training, technical education, or supervisory experience
1447	associated with an electrical or alarm system contracting
1448	business, or at least 6 years of technical experience in
1449	electrical or alarm system work with the Armed Forces or a
1450	governmental entity;
1451	d.  Has, within the 12 years immediately preceding the
1452	filing of the application, been licensed for 3 years as a
1453	professional engineer who is qualified by education, training,
1454	or experience to practice electrical engineering; or
1455	e.  Has any combination of qualifications under sub-
1456	subparagraphs a.-c. totaling 6 years of experience.
1457	(c)(b)  For purposes of this subsection, "supervisor" means
1458	a person having the experience gained while having the general
1459	duty of overseeing the technical duties of the trade, provided
1460	that such experience is gained by a person who is able to
1461	perform the technical duties of the trade without supervision.
1462	(d)(c)  For purposes of this subsection, at least 40
1463	percent of the work experience for an alarm system contractor I
1464	must be in the types of fire alarm systems typically used in a
1465	commercial setting.
1466	(2)(3)  The board may determine by rule the number of times
1467	per year the applicant may take the examination and after three
1468	unsuccessful attempts may On or after October 1, 1998, every
1469	applicant who is qualified shall be allowed to take the
1470	examination three times, notwithstanding the number of times the
1471	applicant has previously failed the examination. If an applicant
1472	fails the examination three times after October 1, 1998, the
1473	board shall require the applicant to complete additional
1474	college-level or technical education courses in the areas of
1475	deficiency, as determined by the board, as a condition of future
1476	eligibility to take the examination. The applicant must also
1477	submit a new application that meets all certification
1478	requirements at the time of its submission and must pay all
1479	appropriate fees.
1480	(3)(4)(a)  "Good moral character" means a personal history
1481	of honesty, fairness, and respect for the rights of others and
1482	for laws of this state and nation.
1483	(b)  The board may determine that an individual applying
1484	for certification is ineligible to take the examination for
1485	failure to satisfy the requirement of good moral character only
1486	if:
1487	1.  There is a substantial connection between the lack of
1488	good moral character of the individual and the professional
1489	responsibilities of a certified contractor; and
1490	2.  The finding by the board of lack of good moral
1491	character is supported by clear and convincing evidence.
1492	(c)  When an individual is found to be unqualified for
1493	certification examination because of a lack of good moral
1494	character, the board shall furnish such individual a statement
1495	containing the findings of the board, a complete record of the
1496	evidence upon which the determination was based, and a notice of
1497	the rights of the individual to a rehearing and appeal.
1498	(4)(5)  The board shall, by rule, designate those types of
1499	specialty electrical or alarm system contractors who may be
1500	certified under this part. The limit of the scope of work and
1501	responsibility of a certified specialty contractor shall be
1502	established by board rule. A certified specialty contractor
1503	category exists as an optional statewide licensing category.
1504	Qualification for certification in a specialty category created
1505	by rule shall be the same as set forth in paragraph (1)(b)
1506	(2)(a). The existence of a specialty category created by rule
1507	does not itself create any licensing requirement; however,
1508	neither does its optional nature remove any licensure
1509	requirement established elsewhere in this part.
1510	(5)(6)  The board shall certify as qualified for
1511	certification by endorsement any individual applying for
1512	certification who:
1513	(a)  Meets the requirements for certification as set forth
1514	in this section; has passed a national, regional, state, or
1515	United States territorial licensing examination that is
1516	substantially equivalent to the examination required by this
1517	part; and has satisfied the requirements set forth in s.
1518	489.521; or
1519	(b)  Holds a valid license to practice electrical or alarm
1520	system contracting issued by another state or territory of the
1521	United States, if the criteria for issuance of such license was
1522	substantially equivalent to the certification criteria that
1523	existed in this state at the time the certificate was issued.
1524	(6)(7)  Upon the issuance of a certificate, any previously
1525	issued registered licenses for the classification in which the
1526	certification is issued are rendered void.
1527	Section 32.  Paragraph (b) of subsection (1) of section
1528	489.515, Florida Statutes, is amended to read:
1529	489.515  Issuance of certificates; registrations.--
1530	(1)
1531	(b)  The board shall certify as qualified for certification
1532	any person who satisfies the requirements of s. 489.511, who
1533	successfully passes the certification examination administered
1534	by the department, achieving a passing grade as established by
1535	board rule, and who submits satisfactory evidence that he or she
1536	has obtained both workers' compensation insurance or an
1537	acceptable exemption certificate issued by the department and
1538	public liability and property damage insurance for the health,
1539	safety, and welfare of the public in amounts determined by rule
1540	of the board, and furnishes evidence of financial
1541	responsibility, credit, and business reputation of either
1542	himself or herself or the business organization he or she
1543	desires to qualify.
1544	Section 33.  Section 494.008, Florida Statutes, is amended
1545	to read:
1546	494.008  Mortgages offered by land developers licensed
1547	pursuant to the Florida Uniform Land Sales Practices Law;
1548	requirements; prohibitions.--No mortgage loan which has a face
1549	amount of $35,000 or less and is secured by vacant land
1550	registered under the Florida Uniform Land Sales Practices Law,
1551	chapter 498, shall be sold to a mortgagee, except a financial
1552	institution, by any person unless all of the following
1553	requirements are met:
1554	(1)  Each mortgage securing a note or other obligation sold
1555	or offered for sale shall be eligible for a recordation as a
1556	first mortgage.
1557	(2)  Each mortgage negotiated pursuant to this section must
1558	include a mortgagee's title insurance policy or an opinion of
1559	title, from an attorney who is licensed to practice law in this
1560	state, on each parcel of land which is described in the
1561	mortgage. The policy or opinion shall reflect that there are no
1562	other mortgages on the property. A notice stating the priority
1563	of the mortgage shall be placed on the face of each mortgage in
1564	an amount over $35,000 issued pursuant to this section.
1565	(3)  Contracts to purchase a mortgage loan shall contain,
1566	immediately above the purchaser's signature line, the statement
1567	in 10-point boldfaced type: "This mortgage is secured by vacant
1568	land subject to development at a future time." This statement
1569	shall also be typed or printed in 10-point type on the face of
1570	the note and mortgage sold.
1571	(4)  The most recent assessment for tax purposes made by
1572	the county property appraiser of each parcel of land described
1573	in the mortgage shall be furnished to each mortgagee.
1574	(5)  The mortgage broker shall record or cause to be
1575	recorded all mortgages or other similar documents prior to
1576	delivery of the note and mortgage to the mortgagee.
1577	(6)  All funds received by the mortgage broker pursuant to
1578	this section shall promptly be deposited in the broker's trust
1579	account where they shall remain until the note and mortgage are
1580	fully executed and recorded.
1581	(7)  Willful failure to comply with any of the above
1582	provisions shall subject the person to the penalties of s.
1583	494.05.
1584	Section 34.  Section 498.009, Florida Statutes, is
1585	renumbered as section 718.50152, Florida Statutes.
1586	Section 35.  Section 498.011, Florida Statutes, is
1587	renumbered as section 718.50153, Florida Statutes, and amended
1588	to read:
1589	718.50153 498.011  Payment of per diem, mileage, and other
1590	expenses to division employees.--The amount of per diem and
1591	mileage and expense money paid to employees shall be as provided
1592	in s. 112.061, except that the division shall establish by rule
1593	the standards for reimbursement of actual verified expenses
1594	incurred in connection with an on-site review inspection or
1595	investigation of subdivided lands.
1596	Section 36.  Section 498.013, Florida Statutes, is
1597	renumbered as section 718.50154, Florida Statutes.
1598	Section 37.  Section 498.057, Florida Statutes, is
1599	renumbered as section 718.50155, Florida Statutes, and amended,
1600	to read:
1601	718.50155 498.057  Service of process.--
1602	(1)  In addition to the methods of service provided for in
1603	the Florida Rules of Civil Procedure and the Florida Statutes,
1604	service may be made and by delivering a copy of the process to
1605	the director of the division, which shall be binding upon the
1606	defendant or respondent if:
1607	(a)  The division plaintiff, which is acting as the
1608	petitioner or plaintiff may be the division, immediately sends a
1609	copy of the process and of the pleading by certified mail to the
1610	defendant or respondent at his or her last known address;, and
1611	(b)  The division plaintiff files an affidavit of
1612	compliance with this section on or before the return date of the
1613	process or within the time set by the court.
1614	(2)  If any person, including any nonresident of this
1615	state, allegedly engages in conduct prohibited by this chapter,
1616	or any rule or order of the division, and has not filed a
1617	consent to service of process, and personal jurisdiction over
1618	him or her cannot otherwise be obtained in this state, the
1619	director shall be authorized to receive service of process in
1620	any noncriminal proceeding against that person or his or her
1621	successor which grows out of the conduct and which is brought by
1622	the division under this chapter or any rule or order of the
1623	division. The process shall have the same force and validity as
1624	if personally served. Notice shall be given as provided in
1625	subsection (1).
1626	Section 38.  Sections 498.001, 498.003, 498.005, 498.007,
1627	498.017, 498.021, 498.022, 498.023, 498.024, 498.025, 498.027,
1628	498.028, 498.029, 498.031, 498.033, 498.035, 498.037, 498.039,
1629	498.041, 498.047, 498.049, 498.051, 498.053, 498.059, 498.061,
1630	and 498.063, Florida Statutes, are repealed.
1631	Section 39.  Section 509.512, Florida Statutes, is amended
1632	to read:
1633	509.512  Timeshare plan developer and exchange company
1634	exemption.--Sections 509.501-509.511 do not apply to a developer
1635	of a timeshare plan or an exchange company approved by the
1636	Division of Florida Land Sales, Condominiums, Timeshares, and
1637	Mobile Homes pursuant to chapter 721, but only to the extent
1638	that the developer or exchange company engages in conduct
1639	regulated under chapter 721.
1640	Section 40.  Subsection (2) of section 517.301, Florida
1641	Statutes, is amended to read:
1642	517.301  Fraudulent transactions; falsification or
1643	concealment of facts.--
1644	(2)  For purposes of ss. 517.311 and 517.312 and this
1645	section, the term "investment" means any commitment of money or
1646	property principally induced by a representation that an
1647	economic benefit may be derived from such commitment, except
1648	that the term "investment" does not include a commitment of
1649	money or property for:
1650	(a)  The purchase of a business opportunity, business
1651	enterprise, or real property through a person licensed under
1652	chapter 475 or registered under former chapter 498; or
1653	(b)  The purchase of tangible personal property through a
1654	person not engaged in telephone solicitation, where said
1655	property is offered and sold in accordance with the following
1656	conditions:
1657	1.  There are no specific representations or guarantees
1658	made by the offeror or seller as to the economic benefit to be
1659	derived from the purchase;
1660	2.  The tangible property is delivered to the purchaser
1661	within 30 days after sale, except that such 30-day period may be
1662	extended by the office if market conditions so warrant; and
1663	3.  The seller has offered the purchaser a full refund
1664	policy in writing, exercisable by the purchaser within 10 days
1665	of the date of delivery of such tangible personal property,
1666	except that the amount of such refund may not in no event shall
1667	exceed the bid price in effect at the time the property is
1668	returned to the seller. If the applicable sellers' market is
1669	closed at the time the property is returned to the seller for a
1670	refund, the amount of such refund shall be based on the bid
1671	price for such property at the next opening of such market.
1672	Section 41.  Subsection (4) of section 548.0065, Florida
1673	Statutes, is amended to read:
1674	548.0065  Amateur matches; sanctioning and supervision;
1675	health and safety standards; compliance checks; continuation,
1676	suspension, and revocation of sanctioning approval.--
1677	(4)  Any member of the commission or the executive director
1678	of the commission may suspend the approval of an amateur
1679	sanctioning organization for failure to supervise amateur
1680	matches or to enforce the approved health and safety standards
1681	required under this chapter, provided that the suspension
1682	complies with the procedures for summary suspensions in s.
1683	120.60(6). At any amateur boxing, or kickboxing, or mixed
1684	martial arts contest, any member of the commission or a
1685	representative of the commission may immediately suspend one or
1686	more matches in an event whenever it appears that the match or
1687	matches violate the health and safety standards established by
1688	rule as required by this chapter. A law enforcement officer may
1689	assist any member of the commission or a representative of the
1690	commission to enforce an order to stop a contest if called upon
1691	to do so by a member of the commission or a representative of
1692	the commission.
1693	Section 42.  Subsections (2), (3), and (4) of section
1694	548.008, Florida Statutes, are amended to read:
1695	548.008  Prohibited competitions.--
1696	(2)  No amateur mixed martial arts match may be held in
1697	this state.
1698	(2)(3)  No professional match may be held in this state
1699	unless it meets the requirements for holding the match as
1700	provided in this chapter and the rules adopted by the
1701	commission.
1702	(3)(4)(a)  Any person participating in a match prohibited
1703	under this section, knowing the match to be prohibited, commits
1704	a misdemeanor of the second degree, punishable as provided in s.
1705	775.082 or s. 775.083.
1706	(b)  Any person holding, promoting, or sponsoring a match
1707	prohibited under this section commits a felony of the third
1708	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1709	775.084.
1710	Section 43.  Subsection (1) of section 548.041, Florida
1711	Statutes, is amended to read:
1712	548.041  Age, condition, and suspension of participants.--
1713	(1)  A person may shall not be licensed as a participant,
1714	and the license of a any participant shall be suspended or
1715	revoked, if such person:
1716	(a)  Is under the age of 18;
1717	(b)  Has participated in a match in this state which was
1718	not sanctioned by the commission or by a Native American
1719	commission properly constituted under federal law; or
1720	(c)  Does not meet certain health and medical examination
1721	conditions as required by rule of the commission;.
1722	(d)  Has not competed in a minimum number of amateur boxing
1723	events as determined by commission rule prior to licensure; or
1724	(e)  Has not participated in a minimum number of amateur
1725	mixed martial arts events as determined by commission rule prior
1726	to licensure.
1727	Section 44.  Subsection (1) of section 559.935, Florida
1728	Statutes, is amended to read:
1729	559.935  Exemptions.--
1730	(1)  This part does not apply to:
1731	(a)  A bona fide employee of a seller of travel who is
1732	engaged solely in the business of her or his employer;
1733	(b)  Any direct common carrier of passengers or property
1734	regulated by an agency of the Federal Government or employees of
1735	such carrier when engaged solely in the transportation business
1736	of the carrier as identified in the carrier's certificate;
1737	(c)  An intrastate common carrier of passengers or property
1738	selling only transportation as defined in the applicable state
1739	or local registration or certification, or employees of such
1740	carrier when engaged solely in the transportation business of
1741	the carrier;
1742	(d)  Hotels, motels, or other places of public
1743	accommodation selling public accommodations, or employees of
1744	such hotels, motels, or other places of public accommodation,
1745	when engaged solely in making arrangements for lodging,
1746	accommodations, or sightseeing tours within the state, or taking
1747	reservations for the traveler with times, dates, locations, and
1748	accommodations certain at the time the reservations are made,
1749	provided that hotels and motels registered with the Department
1750	of Business and Professional Regulation pursuant to chapter 509
1751	are excluded from the provisions of this chapter;
1752	(e)  Persons involved solely in the rental, leasing, or
1753	sale of residential property;
1754	(f)  Persons involved solely in the rental, leasing, or
1755	sale of transportation vehicles;
1756	(g)  Persons who make travel arrangements for themselves;
1757	for their employees or agents; for distributors, franchisees, or
1758	dealers of the persons' products or services; for entities which
1759	are financially related to the persons; or for the employees or
1760	agents of the distributor, franchisee, or dealer or financially
1761	related entity;
1762	(h)  A developer of a timeshare plan or an exchange company
1763	approved by the Division of Florida Land Sales, Condominiums,
1764	Timeshares, and Mobile Homes pursuant to chapter 721, but only
1765	to the extent that the developer or exchange company engages in
1766	conduct regulated under chapter 721; or
1767	(i)  Persons or entities engaged solely in offering diving
1768	services, including classes and sales or rentals of equipment,
1769	when engaged in making any prearranged travel-related or
1770	tourist-related services in conjunction with a primarily dive-
1771	related event.
1772	Section 45.  Subsection (17) of section 718.103, Florida
1773	Statutes, is amended to read:
1774	718.103  Definitions.--As used in this chapter, the term:
1775	(17)  "Division" means the Division of Florida Land Sales,
1776	Condominiums, Timeshares, and Mobile Homes of the Department of
1777	Business and Professional Regulation.
1778	Section 46.  Paragraph (c) of subsection (4) of section
1779	718.105, Florida Statutes, is amended to read:
1780	718.105  Recording of declaration.--
1781	(4)
1782	(c)  If the sum of money held by the clerk has not been
1783	paid to the developer or association as provided in paragraph
1784	(b) within by 3 years after the date the declaration was
1785	originally recorded, the clerk in his or her discretion may
1786	notify, in writing, the registered agent of the association that
1787	the sum is still available and the purpose for which it was
1788	deposited. If the association does not record the certificate
1789	within 90 days after the clerk has given the notice, the clerk
1790	may disburse the money to the developer. If the developer cannot
1791	be located, the clerk shall disburse the money to the Division
1792	of Florida Land Sales, Condominiums, Timeshares, and Mobile
1793	Homes for deposit in the Division of Florida Land Sales,
1794	Condominiums, Timeshares, and Mobile Homes Trust Fund.
1795	Section 47.  Subsection (4) of section 718.1255, Florida
1796	Statutes, is amended to read:
1797	718.1255  Alternative dispute resolution; voluntary
1798	mediation; mandatory nonbinding arbitration; legislative
1799	findings.--
1800	(4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1801	DISPUTES.--The Division of Florida Land Sales, Condominiums,
1802	Timeshares, and Mobile Homes of the Department of Business and
1803	Professional Regulation shall employ full-time attorneys to act
1804	as arbitrators to conduct the arbitration hearings provided by
1805	this chapter. The division may also certify attorneys who are
1806	not employed by the division to act as arbitrators to conduct
1807	the arbitration hearings provided by this section. No person may
1808	be employed by the department as a full-time arbitrator unless
1809	he or she is a member in good standing of The Florida Bar. The
1810	department shall adopt promulgate rules of procedure to govern
1811	such arbitration hearings including mediation incident thereto.
1812	The decision of an arbitrator shall be final; however, such a
1813	decision shall not be deemed final agency action. Nothing in
1814	this provision shall be construed to foreclose parties from
1815	proceeding in a trial de novo unless the parties have agreed
1816	that the arbitration is binding. If such judicial proceedings
1817	are initiated, the final decision of the arbitrator shall be
1818	admissible in evidence in the trial de novo.
1819	(a)  Prior to the institution of court litigation, a party
1820	to a dispute shall petition the division for nonbinding
1821	arbitration. The petition must be accompanied by a filing fee in
1822	the amount of $50. Filing fees collected under this section must
1823	be used to defray the expenses of the alternative dispute
1824	resolution program.
1825	(b)  The petition must recite, and have attached thereto,
1826	supporting proof that the petitioner gave the respondents:
1827	1.  Advance written notice of the specific nature of the
1828	dispute;
1829	2.  A demand for relief, and a reasonable opportunity to
1830	comply or to provide the relief; and
1831	3.  Notice of the intention to file an arbitration petition
1832	or other legal action in the absence of a resolution of the
1833	dispute.
1834
1835	Failure to include the allegations or proof of compliance with
1836	these prerequisites requires dismissal of the petition without
1837	prejudice.
1838	(c)  Upon receipt, the petition shall be promptly reviewed
1839	by the division to determine the existence of a dispute and
1840	compliance with the requirements of paragraphs (a) and (b). If
1841	emergency relief is required and is not available through
1842	arbitration, a motion to stay the arbitration may be filed. The
1843	motion must be accompanied by a verified petition alleging facts
1844	that, if proven, would support entry of a temporary injunction,
1845	and if an appropriate motion and supporting papers are filed,
1846	the division may abate the arbitration pending a court hearing
1847	and disposition of a motion for temporary injunction.
1848	(d)  Upon determination by the division that a dispute
1849	exists and that the petition substantially meets the
1850	requirements of paragraphs (a) and (b) and any other applicable
1851	rules, a copy of the petition shall forthwith be served by the
1852	division upon all respondents.
1853	(e)  Either Before or after the filing of the respondents'
1854	answer to the petition, any party may request that the
1855	arbitrator refer the case to mediation under this section and
1856	any rules adopted by the division. Upon receipt of a request for
1857	mediation, the division shall promptly contact the parties to
1858	determine if there is agreement that mediation would be
1859	appropriate. If all parties agree, the dispute must be referred
1860	to mediation. Notwithstanding a lack of an agreement by all
1861	parties, the arbitrator may refer a dispute to mediation at any
1862	time.
1863	(f)  Upon referral of a case to mediation, the parties must
1864	select a mutually acceptable mediator. To assist in the
1865	selection, the arbitrator shall provide the parties with a list
1866	of both volunteer and paid mediators that have been certified by
1867	the division under s. 718.501. If the parties are unable to
1868	agree on a mediator within the time allowed by the arbitrator,
1869	the arbitrator shall appoint a mediator from the list of
1870	certified mediators. If a case is referred to mediation, the
1871	parties shall attend a mediation conference, as scheduled by the
1872	parties and the mediator. If any party fails to attend a duly
1873	noticed mediation conference, without the permission or approval
1874	of the arbitrator or mediator, the arbitrator must impose
1875	sanctions against the party, including the striking of any
1876	pleadings filed, the entry of an order of dismissal or default
1877	if appropriate, and the award of costs and attorneys' fees
1878	incurred by the other parties. Unless otherwise agreed to by the
1879	parties or as provided by order of the arbitrator, a party is
1880	deemed to have appeared at a mediation conference by the
1881	physical presence of the party or its representative having full
1882	authority to settle without further consultation, provided that
1883	an association may comply by having one or more representatives
1884	present with full authority to negotiate a settlement and
1885	recommend that the board of administration ratify and approve
1886	such a settlement within 5 days from the date of the mediation
1887	conference. The parties shall share equally the expense of
1888	mediation, unless they agree otherwise.
1889	(g)  The purpose of mediation as provided for by this
1890	section is to present the parties with an opportunity to resolve
1891	the underlying dispute in good faith, and with a minimum
1892	expenditure of time and resources.
1893	(h)  Mediation proceedings must generally be conducted in
1894	accordance with the Florida Rules of Civil Procedure, and these
1895	proceedings are privileged and confidential to the same extent
1896	as court-ordered mediation. Persons who are not parties to the
1897	dispute are not allowed to attend the mediation conference
1898	without the consent of all parties, with the exception of
1899	counsel for the parties and corporate representatives designated
1900	to appear for a party. If the mediator declares an impasse after
1901	a mediation conference has been held, the arbitration proceeding
1902	terminates, unless all parties agree in writing to continue the
1903	arbitration proceeding, in which case the arbitrator's decision
1904	shall be either binding or nonbinding, as agreed upon by the
1905	parties; in the arbitration proceeding, the arbitrator shall not
1906	consider any evidence relating to the unsuccessful mediation
1907	except in a proceeding to impose sanctions for failure to appear
1908	at the mediation conference. If the parties do not agree to
1909	continue arbitration, the arbitrator shall enter an order of
1910	dismissal, and either party may institute a suit in a court of
1911	competent jurisdiction. The parties may seek to recover any
1912	costs and attorneys' fees incurred in connection with
1913	arbitration and mediation proceedings under this section as part
1914	of the costs and fees that may be recovered by the prevailing
1915	party in any subsequent litigation.
1916	(i)  Arbitration shall be conducted according to rules
1917	adopted promulgated by the division. The filing of a petition
1918	for arbitration shall toll the applicable statute of
1919	limitations.
1920	(j)  At the request of any party to the arbitration, the
1921	such arbitrator shall issue subpoenas for the attendance of
1922	witnesses and the production of books, records, documents, and
1923	other evidence and any party on whose behalf a subpoena is
1924	issued may apply to the court for orders compelling such
1925	attendance and production. Subpoenas shall be served and shall
1926	be enforceable in the manner provided by the Florida Rules of
1927	Civil Procedure. Discovery may, in the discretion of the
1928	arbitrator, be permitted in the manner provided by the Florida
1929	Rules of Civil Procedure. Rules adopted by the division may
1930	authorize any reasonable sanctions except contempt for a
1931	violation of the arbitration procedural rules of the division or
1932	for the failure of a party to comply with a reasonable nonfinal
1933	order issued by an arbitrator which is not under judicial
1934	review.
1935	(k)  The arbitration decision shall be presented to the
1936	parties in writing. An arbitration decision is final in those
1937	disputes in which the parties have agreed to be bound. An
1938	arbitration decision is also final if a complaint for a trial de
1939	novo is not filed in a court of competent jurisdiction in which
1940	the condominium is located within 30 days. The right to file for
1941	a trial de novo entitles the parties to file a complaint in the
1942	appropriate trial court for a judicial resolution of the
1943	dispute. The prevailing party in an arbitration proceeding shall
1944	be awarded the costs of the arbitration and reasonable
1945	attorney's fees in an amount determined by the arbitrator. Such
1946	an award shall include the costs and reasonable attorney's fees
1947	incurred in the arbitration proceeding as well as the costs and
1948	reasonable attorney's fees incurred in preparing for and
1949	attending any scheduled mediation.
1950	(l)  The party who files a complaint for a trial de novo
1951	shall be assessed the other party's arbitration costs, court
1952	costs, and other reasonable costs, including attorney's fees,
1953	investigation expenses, and expenses for expert or other
1954	testimony or evidence incurred after the arbitration hearing if
1955	the judgment upon the trial de novo is not more favorable than
1956	the arbitration decision. If the judgment is more favorable, the
1957	party who filed a complaint for trial de novo shall be awarded
1958	reasonable court costs and attorney's fees.
1959	(m)  Any party to an arbitration proceeding may enforce an
1960	arbitration award by filing a petition in a court of competent
1961	jurisdiction in which the condominium is located. A petition may
1962	not be granted unless the time for appeal by the filing of a
1963	complaint for trial de novo has expired. If a complaint for a
1964	trial de novo has been filed, a petition may not be granted with
1965	respect to an arbitration award that has been stayed. If the
1966	petition for enforcement is granted, the petitioner shall
1967	recover reasonable attorney's fees and costs incurred in
1968	enforcing the arbitration award. A mediation settlement may also
1969	be enforced through the county or circuit court, as applicable,
1970	and any costs and fees incurred in the enforcement of a
1971	settlement agreement reached at mediation must be awarded to the
1972	prevailing party in any enforcement action.
1973	Section 48.  Section 718.501, Florida Statutes, is amended
1974	to read:
1975	718.501  Powers and duties of Division of Florida Land
1976	Sales, Condominiums, Timeshares, and Mobile Homes.--
1977	(1)  The Division of Florida Land Sales, Condominiums,
1978	Timeshares, and Mobile Homes of the Department of Business and
1979	Professional Regulation, referred to as the "division" in this
1980	part, in addition to other powers and duties prescribed by
1981	chapter 498, has the power to enforce and ensure compliance with
1982	the provisions of this chapter and rules promulgated pursuant
1983	hereto relating to the development, construction, sale, lease,
1984	ownership, operation, and management of residential condominium
1985	units. In performing its duties, the division has the following
1986	powers and duties:
1987	(a)1.  The division may make necessary public or private
1988	investigations within or outside this state to determine whether
1989	any person has violated this chapter or any rule or order
1990	hereunder, to aid in the enforcement of this chapter, or to aid
1991	in the adoption of rules or forms hereunder.
1992	2.  The division may submit any official written report,
1993	worksheet, or other related paper, or a duly certified copy
1994	thereof, compiled, prepared, drafted, or otherwise made by and
1995	duly authenticated by a financial examiner or analyst to be
1996	admitted as competent evidence in any hearing in which the
1997	financial examiner or analyst is available for cross-examination
1998	and attests under oath that such documents were prepared as a
1999	result of an examination or inspection conducted pursuant to
2000	this chapter.
2001	(b)  The division may require or permit any person to file
2002	a statement in writing, under oath or otherwise, as the division
2003	determines, as to the facts and circumstances concerning a
2004	matter to be investigated.
2005	(c)  For the purpose of any investigation under this
2006	chapter, the division director or any officer or employee
2007	designated by the division director may administer oaths or
2008	affirmations, subpoena witnesses and compel their attendance,
2009	take evidence, and require the production of any matter which is
2010	relevant to the investigation, including the existence,
2011	description, nature, custody, condition, and location of any
2012	books, documents, or other tangible things and the identity and
2013	location of persons having knowledge of relevant facts or any
2014	other matter reasonably calculated to lead to the discovery of
2015	material evidence. Upon the failure by a person to obey a
2016	subpoena or to answer questions propounded by the investigating
2017	officer and upon reasonable notice to all persons affected
2018	thereby, the division may apply to the circuit court for an
2019	order compelling compliance.
2020	(d)  Notwithstanding any remedies available to unit owners
2021	and associations, if the division has reasonable cause to
2022	believe that a violation of any provision of this chapter or
2023	related rule promulgated pursuant hereto has occurred, the
2024	division may institute enforcement proceedings in its own name
2025	against any developer, association, officer, or member of the
2026	board of administration, or its assignees or agents, as follows:
2027	1.  The division may permit a person whose conduct or
2028	actions may be under investigation to waive formal proceedings
2029	and enter into a consent proceeding whereby orders, rules, or
2030	letters of censure or warning, whether formal or informal, may
2031	be entered against the person.
2032	2.  The division may issue an order requiring the
2033	developer, association, officer, or member of the board of
2034	administration, or its assignees or agents, to cease and desist
2035	from the unlawful practice and take such affirmative action as
2036	in the judgment of the division will carry out the purposes of
2037	this chapter. Such affirmative action may include, but is not
2038	limited to, an order requiring a developer to pay moneys
2039	determined to be owed to a condominium association. If the
2040	division finds that a developer, association, officer, or member
2041	of the board of administration, or its assignees or agents, is
2042	violating or is about to violate any provision of this chapter,
2043	any rule adopted or order issued by the division, or any written
2044	agreement entered into with the division, and presents an
2045	immediate danger to the public requiring an immediate final
2046	order, it may issue an emergency cease and desist order reciting
2047	with particularity the facts underlying such findings. The
2048	emergency cease and desist order is effective for 90 days. If
2049	the division begins nonemergency cease and desist proceedings,
2050	the emergency cease and desist order remains effective until the
2051	conclusion of the proceedings under ss. 120.569 and 120.57.
2052	3.  The division may bring an action in circuit court on
2053	behalf of a class of unit owners, lessees, or purchasers for
2054	declaratory relief, injunctive relief, or restitution.
2055	4.  The division may petition the court for the appointment
2056	of a receiver or conservator. If appointed, the receiver or
2057	conservator may take action to implement the court order to
2058	ensure the performance of the order and to remedy any breach
2059	thereof. In addition to all other means provided by law for the
2060	enforcement of an injunction or temporary restraining order, the
2061	circuit court may impound or sequester the property of a party
2062	defendant, including books, papers, documents, and related
2063	records, and allow the examination and use of the property by
2064	the division and a court-appointed receiver or conservator.
2065	5.  The division may apply to the circuit court for an
2066	order of restitution whereby the defendant in an action brought
2067	pursuant to subparagraph 4. shall be ordered to make restitution
2068	of those sums shown by the division to have been obtained by the
2069	defendant in violation of this chapter. Such restitution shall,
2070	at the option of the court, be payable to the conservator or
2071	receiver appointed pursuant to subparagraph 4. or directly to
2072	the persons whose funds or assets were obtained in violation of
2073	this chapter.
2074	6.4.  The division may impose a civil penalty against a
2075	developer or association, or its assignee or agent, for any
2076	violation of this chapter or a rule adopted under this chapter
2077	promulgated pursuant hereto. The division may impose a civil
2078	penalty individually against any officer or board member who
2079	willfully and knowingly violates a provision of this chapter,
2080	adopted a rule adopted pursuant hereto, or a final order of the
2081	division. The term "willfully and knowingly" means that the
2082	division informed the officer or board member that his or her
2083	action or intended action violates this chapter, a rule adopted
2084	under this chapter, or a final order of the division and that
2085	the officer or board member refused to comply with the
2086	requirements of this chapter, a rule adopted under this chapter,
2087	or a final order of the division. The division, prior to
2088	initiating formal agency action under chapter 120, shall afford
2089	the officer or board member an opportunity to voluntarily comply
2090	with this chapter, a rule adopted under this chapter, or a final
2091	order of the division. An officer or board member who complies
2092	within 10 days is not subject to a civil penalty. A penalty may
2093	be imposed on the basis of each day of continuing violation, but
2094	in no event shall the penalty for any offense exceed $5,000. By
2095	January 1, 1998, the division shall adopt, by rule, penalty
2096	guidelines applicable to possible violations or to categories of
2097	violations of this chapter or rules adopted by the division. The
2098	guidelines must specify a meaningful range of civil penalties
2099	for each such violation of the statute and rules and must be
2100	based upon the harm caused by the violation, the repetition of
2101	the violation, and upon such other factors deemed relevant by
2102	the division. For example, the division may consider whether the
2103	violations were committed by a developer or owner-controlled
2104	association, the size of the association, and other factors. The
2105	guidelines must designate the possible mitigating or aggravating
2106	circumstances that justify a departure from the range of
2107	penalties provided by the rules. It is the legislative intent
2108	that minor violations be distinguished from those which endanger
2109	the health, safety, or welfare of the condominium residents or
2110	other persons and that such guidelines provide reasonable and
2111	meaningful notice to the public of likely penalties that may be
2112	imposed for proscribed conduct. This subsection does not limit
2113	the ability of the division to informally dispose of
2114	administrative actions or complaints by stipulation, agreed
2115	settlement, or consent order. All amounts collected shall be
2116	deposited with the Chief Financial Officer to the credit of the
2117	Division of Florida Land Sales, Condominiums, Timeshares, and
2118	Mobile Homes Trust Fund. If a developer fails to pay the civil
2119	penalty, the division shall thereupon issue an order directing
2120	that such developer cease and desist from further operation
2121	until such time as the civil penalty is paid or may pursue
2122	enforcement of the penalty in a court of competent jurisdiction.
2123	If an association fails to pay the civil penalty, the division
2124	shall thereupon pursue enforcement in a court of competent
2125	jurisdiction, and the order imposing the civil penalty or the
2126	cease and desist order will not become effective until 20 days
2127	after the date of such order. Any action commenced by the
2128	division shall be brought in the county in which the division
2129	has its executive offices or in the county where the violation
2130	occurred.
2131	7.  In addition to subparagraph 6., the division may seek
2132	the imposition of a civil penalty through the circuit court for
2133	any violation for which the division may issue a notice to show
2134	cause under paragraph (q). The civil penalty shall be at least
2135	$500 but no more than $5,000 for each violation. The court may
2136	also award to the prevailing party court costs and reasonable
2137	attorney's fees and, if the division prevails, may also award
2138	reasonable costs of investigation.
2139	(e)  The division may is authorized to prepare and
2140	disseminate a prospectus and other information to assist
2141	prospective owners, purchasers, lessees, and developers of
2142	residential condominiums in assessing the rights, privileges,
2143	and duties pertaining thereto.
2144	(f)  The division has authority to adopt rules pursuant to
2145	ss. 120.536(1) and 120.54 to implement and enforce the
2146	provisions of this chapter.
2147	(g)  The division shall establish procedures for providing
2148	notice to an association when the division is considering the
2149	issuance of a declaratory statement with respect to the
2150	declaration of condominium or any related document governing in
2151	such condominium community.
2152	(h)  The division shall furnish each association which pays
2153	the fees required by paragraph (2)(a) a copy of this act,
2154	subsequent changes to this act on an annual basis, an amended
2155	version of this act as it becomes available from the Secretary
2156	of State's office on a biennial basis, and the rules adopted
2157	promulgated pursuant thereto on an annual basis.
2158	(i)  The division shall annually provide each association
2159	with a summary of declaratory statements and formal legal
2160	opinions relating to the operations of condominiums which were
2161	rendered by the division during the previous year.
2162	(j)  The division shall provide training programs for
2163	condominium association board members and unit owners.
2164	(k)  The division shall maintain a toll-free telephone
2165	number accessible to condominium unit owners.
2166	(l)  The division shall develop a program to certify both
2167	volunteer and paid mediators to provide mediation of condominium
2168	disputes. The division shall provide, upon request, a list of
2169	such mediators to any association, unit owner, or other
2170	participant in arbitration proceedings under s. 718.1255
2171	requesting a copy of the list. The division shall include on the
2172	list of volunteer mediators only the names of persons who have
2173	received at least 20 hours of training in mediation techniques
2174	or who have mediated at least 20 disputes. In order to become
2175	initially certified by the division, paid mediators must be
2176	certified by the Supreme Court to mediate court cases in either
2177	county or circuit courts. However, the division may adopt, by
2178	rule, additional factors for the certification of paid
2179	mediators, which factors must be related to experience,
2180	education, or background. Any person initially certified as a
2181	paid mediator by the division must, in order to continue to be
2182	certified, comply with the factors or requirements imposed by
2183	rules adopted by the division.
2184	(m)  When a complaint is made, the division shall conduct
2185	its inquiry with due regard to the interests of the affected
2186	parties. Within 30 days after receipt of a complaint, the
2187	division shall acknowledge the complaint in writing and notify
2188	the complainant whether the complaint is within the jurisdiction
2189	of the division and whether additional information is needed by
2190	the division from the complainant. The division shall conduct
2191	its investigation and shall, within 90 days after receipt of the
2192	original complaint or of timely requested additional
2193	information, take action upon the complaint. However, the
2194	failure to complete the investigation within 90 days does not
2195	prevent the division from continuing the investigation,
2196	accepting or considering evidence obtained or received after 90
2197	days, or taking administrative action if reasonable cause exists
2198	to believe that a violation of this chapter or a rule of the
2199	division has occurred. If an investigation is not completed
2200	within the time limits established in this paragraph, the
2201	division shall, on a monthly basis, notify the complainant in
2202	writing of the status of the investigation. When reporting its
2203	action to the complainant, the division shall inform the
2204	complainant of any right to a hearing pursuant to ss. 120.569
2205	and 120.57.
2206	(n)  The division may:
2207	1.  Contract with agencies in this state or other
2208	jurisdictions to perform investigative functions; or
2209	2.  Accept grants-in-aid from any source.
2210	(o)  The division shall cooperate with similar agencies in
2211	other jurisdictions to establish uniform filing procedures and
2212	forms, public offering statements, advertising standards, and
2213	rules and common administrative practices.
2214	(p)  The division shall consider notice to a developer to
2215	be complete when it is delivered to the developer's address
2216	currently on file with the division.
2217	(q)  In addition to its enforcement authority, the division
2218	may issue a notice to show cause, which shall provide for a
2219	hearing, upon written request, in accordance with chapter 120.
2220	(2)(a)  Effective January 1, 1992, Each condominium
2221	association which operates more than two units shall pay to the
2222	division an annual fee in the amount of $4 for each residential
2223	unit in condominiums operated by the association. If the fee is
2224	not paid by March 1, then the association shall be assessed a
2225	penalty of 10 percent of the amount due, and the association
2226	will not have standing to maintain or defend any action in the
2227	courts of this state until the amount due, plus any penalty, is
2228	paid.
2229	(b)  All fees shall be deposited in the Division of Florida
2230	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2231	Fund as provided by law.
2232	Section 49.  Subsection (1) of section 718.5011, Florida
2233	Statutes, is amended to read:
2234	718.5011  Ombudsman; appointment; administration.--
2235	(1)  There is created an Office of the Condominium
2236	Ombudsman, to be located for administrative purposes within the
2237	Division of Florida Land Sales, Condominiums, Timeshares, and
2238	Mobile Homes. The functions of the office shall be funded by the
2239	Division of Florida Land Sales, Condominiums, Timeshares, and
2240	Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
2241	of the division, and the office shall be set within the division
2242	in the same manner as any other bureau is staffed and funded.
2243	Section 50.  Paragraph (a) of subsection (2) of section
2244	718.502, Florida Statutes, is amended to read:
2245	718.502  Filing prior to sale or lease.--
2246	(2)(a)  Prior to filing as required by subsection (1), and
2247	prior to acquiring an ownership, leasehold, or contractual
2248	interest in the land upon which the condominium is to be
2249	developed, a developer shall not offer a contract for purchase
2250	of a unit or lease of a unit for more than 5 years. However, the
2251	developer may accept deposits for reservations upon the approval
2252	of a fully executed escrow agreement and reservation agreement
2253	form properly filed with the Division of Florida Land Sales,
2254	Condominiums, Timeshares, and Mobile Homes. Each filing of a
2255	proposed reservation program shall be accompanied by a filing
2256	fee of $250. Reservations shall not be taken on a proposed
2257	condominium unless the developer has an ownership, leasehold, or
2258	contractual interest in the land upon which the condominium is
2259	to be developed. The division shall notify the developer within
2260	20 days of receipt of the reservation filing of any deficiencies
2261	contained therein. Such notification shall not preclude the
2262	determination of reservation filing deficiencies at a later
2263	date, nor shall it relieve the developer of any responsibility
2264	under the law. The escrow agreement and the reservation
2265	agreement form shall include a statement of the right of the
2266	prospective purchaser to an immediate unqualified refund of the
2267	reservation deposit moneys upon written request to the escrow
2268	agent by the prospective purchaser or the developer.
2269	Section 51.  Section 718.504, Florida Statutes, is amended
2270	to read:
2271	718.504  Prospectus or offering circular.--Every developer
2272	of a residential condominium which contains more than 20
2273	residential units, or which is part of a group of residential
2274	condominiums which will be served by property to be used in
2275	common by unit owners of more than 20 residential units, shall
2276	prepare a prospectus or offering circular and file it with the
2277	Division of Florida Land Sales, Condominiums, Timeshares, and
2278	Mobile Homes prior to entering into an enforceable contract of
2279	purchase and sale of any unit or lease of a unit for more than 5
2280	years and shall furnish a copy of the prospectus or offering
2281	circular to each buyer. In addition to the prospectus or
2282	offering circular, each buyer shall be furnished a separate page
2283	entitled "Frequently Asked Questions and Answers," which shall
2284	be in accordance with a format approved by the division and a
2285	copy of the financial information required by s. 718.111. This
2286	page shall, in readable language, inform prospective purchasers
2287	regarding their voting rights and unit use restrictions,
2288	including restrictions on the leasing of a unit; shall indicate
2289	whether and in what amount the unit owners or the association is
2290	obligated to pay rent or land use fees for recreational or other
2291	commonly used facilities; shall contain a statement identifying
2292	that amount of assessment which, pursuant to the budget, would
2293	be levied upon each unit type, exclusive of any special
2294	assessments, and which shall further identify the basis upon
2295	which assessments are levied, whether monthly, quarterly, or
2296	otherwise; shall state and identify any court cases in which the
2297	association is currently a party of record in which the
2298	association may face liability in excess of $100,000; and which
2299	shall further state whether membership in a recreational
2300	facilities association is mandatory, and if so, shall identify
2301	the fees currently charged per unit type. The division shall by
2302	rule require such other disclosure as in its judgment will
2303	assist prospective purchasers. The prospectus or offering
2304	circular may include more than one condominium, although not all
2305	such units are being offered for sale as of the date of the
2306	prospectus or offering circular. The prospectus or offering
2307	circular must contain the following information:
2308	(1)  The front cover or the first page must contain only:
2309	(a)  The name of the condominium.
2310	(b)  The following statements in conspicuous type:
2311	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2312	MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2313	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2314	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2315	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2316	MATERIALS.
2317	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2318	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2319	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2320	REPRESENTATIONS.
2321	(2)  Summary: The next page must contain all statements
2322	required to be in conspicuous type in the prospectus or offering
2323	circular.
2324	(3)  A separate index of the contents and exhibits of the
2325	prospectus.
2326	(4)  Beginning on the first page of the text (not including
2327	the summary and index), a description of the condominium,
2328	including, but not limited to, the following information:
2329	(a)  Its name and location.
2330	(b)  A description of the condominium property, including,
2331	without limitation:
2332	1.  The number of buildings, the number of units in each
2333	building, the number of bathrooms and bedrooms in each unit, and
2334	the total number of units, if the condominium is not a phase
2335	condominium, or the maximum number of buildings that may be
2336	contained within the condominium, the minimum and maximum
2337	numbers of units in each building, the minimum and maximum
2338	numbers of bathrooms and bedrooms that may be contained in each
2339	unit, and the maximum number of units that may be contained
2340	within the condominium, if the condominium is a phase
2341	condominium.
2342	2.  The page in the condominium documents where a copy of
2343	the plot plan and survey of the condominium is located.
2344	3.  The estimated latest date of completion of
2345	constructing, finishing, and equipping. In lieu of a date, the
2346	description shall include a statement that the estimated date of
2347	completion of the condominium is in the purchase agreement and a
2348	reference to the article or paragraph containing that
2349	information.
2350	(c)  The maximum number of units that will use facilities
2351	in common with the condominium. If the maximum number of units
2352	will vary, a description of the basis for variation and the
2353	minimum amount of dollars per unit to be spent for additional
2354	recreational facilities or enlargement of such facilities. If
2355	the addition or enlargement of facilities will result in a
2356	material increase of a unit owner's maintenance expense or
2357	rental expense, if any, the maximum increase and limitations
2358	thereon shall be stated.
2359	(5)(a)  A statement in conspicuous type describing whether
2360	the condominium is created and being sold as fee simple
2361	interests or as leasehold interests. If the condominium is
2362	created or being sold on a leasehold, the location of the lease
2363	in the disclosure materials shall be stated.
2364	(b)  If timeshare estates are or may be created with
2365	respect to any unit in the condominium, a statement in
2366	conspicuous type stating that timeshare estates are created and
2367	being sold in units in the condominium.
2368	(6)  A description of the recreational and other commonly
2369	used facilities that will be used only by unit owners of the
2370	condominium, including, but not limited to, the following:
2371	(a)  Each room and its intended purposes, location,
2372	approximate floor area, and capacity in numbers of people.
2373	(b)  Each swimming pool, as to its general location,
2374	approximate size and depths, approximate deck size and capacity,
2375	and whether heated.
2376	(c)  Additional facilities, as to the number of each
2377	facility, its approximate location, approximate size, and
2378	approximate capacity.
2379	(d)  A general description of the items of personal
2380	property and the approximate number of each item of personal
2381	property that the developer is committing to furnish for each
2382	room or other facility or, in the alternative, a representation
2383	as to the minimum amount of expenditure that will be made to
2384	purchase the personal property for the facility.
2385	(e)  The estimated date when each room or other facility
2386	will be available for use by the unit owners.
2387	(f)1.  An identification of each room or other facility to
2388	be used by unit owners that will not be owned by the unit owners
2389	or the association;
2390	2.  A reference to the location in the disclosure materials
2391	of the lease or other agreements providing for the use of those
2392	facilities; and
2393	3.  A description of the terms of the lease or other
2394	agreements, including the length of the term; the rent payable,
2395	directly or indirectly, by each unit owner, and the total rent
2396	payable to the lessor, stated in monthly and annual amounts for
2397	the entire term of the lease; and a description of any option to
2398	purchase the property leased under any such lease, including the
2399	time the option may be exercised, the purchase price or how it
2400	is to be determined, the manner of payment, and whether the
2401	option may be exercised for a unit owner's share or only as to
2402	the entire leased property.
2403	(g)  A statement as to whether the developer may provide
2404	additional facilities not described above; their general
2405	locations and types; improvements or changes that may be made;
2406	the approximate dollar amount to be expended; and the maximum
2407	additional common expense or cost to the individual unit owners
2408	that may be charged during the first annual period of operation
2409	of the modified or added facilities.
2410
2411	Descriptions as to locations, areas, capacities, numbers,
2412	volumes, or sizes may be stated as approximations or minimums.
2413	(7)  A description of the recreational and other facilities
2414	that will be used in common with other condominiums, community
2415	associations, or planned developments which require the payment
2416	of the maintenance and expenses of such facilities, either
2417	directly or indirectly, by the unit owners. The description
2418	shall include, but not be limited to, the following:
2419	(a)  Each building and facility committed to be built.
2420	(b)  Facilities not committed to be built except under
2421	certain conditions, and a statement of those conditions or
2422	contingencies.
2423	(c)  As to each facility committed to be built, or which
2424	will be committed to be built upon the happening of one of the
2425	conditions in paragraph (b), a statement of whether it will be
2426	owned by the unit owners having the use thereof or by an
2427	association or other entity which will be controlled by them, or
2428	others, and the location in the exhibits of the lease or other
2429	document providing for use of those facilities.
2430	(d)  The year in which each facility will be available for
2431	use by the unit owners or, in the alternative, the maximum
2432	number of unit owners in the project at the time each of all of
2433	the facilities is committed to be completed.
2434	(e)  A general description of the items of personal
2435	property, and the approximate number of each item of personal
2436	property, that the developer is committing to furnish for each
2437	room or other facility or, in the alternative, a representation
2438	as to the minimum amount of expenditure that will be made to
2439	purchase the personal property for the facility.
2440	(f)  If there are leases, a description thereof, including
2441	the length of the term, the rent payable, and a description of
2442	any option to purchase.
2443
2444	Descriptions shall include location, areas, capacities, numbers,
2445	volumes, or sizes and may be stated as approximations or
2446	minimums.
2447	(8)  Recreation lease or associated club membership:
2448	(a)  If any recreational facilities or other facilities
2449	offered by the developer and available to, or to be used by,
2450	unit owners are to be leased or have club membership associated,
2451	the following statement in conspicuous type shall be included:
2452	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2453	CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2454	CONDOMINIUM. There shall be a reference to the location in the
2455	disclosure materials where the recreation lease or club
2456	membership is described in detail.
2457	(b)  If it is mandatory that unit owners pay a fee, rent,
2458	dues, or other charges under a recreational facilities lease or
2459	club membership for the use of facilities, there shall be in
2460	conspicuous type the applicable statement:
2461	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2462	MANDATORY FOR UNIT OWNERS; or
2463	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2464	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2465	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2466	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2467	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2468	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2469	4.  A similar statement of the nature of the organization
2470	or the manner in which the use rights are created, and that unit
2471	owners are required to pay.
2472
2473	Immediately following the applicable statement, the location in
2474	the disclosure materials where the development is described in
2475	detail shall be stated.
2476	(c)  If the developer, or any other person other than the
2477	unit owners and other persons having use rights in the
2478	facilities, reserves, or is entitled to receive, any rent, fee,
2479	or other payment for the use of the facilities, then there shall
2480	be the following statement in conspicuous type: THE UNIT OWNERS
2481	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2482	RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
2483	following this statement, the location in the disclosure
2484	materials where the rent or land use fees are described in
2485	detail shall be stated.
2486	(d)  If, in any recreation format, whether leasehold, club,
2487	or other, any person other than the association has the right to
2488	a lien on the units to secure the payment of assessments, rent,
2489	or other exactions, there shall appear a statement in
2490	conspicuous type in substantially the following form:
2491	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2492	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2493	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2494	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2495	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2496	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2497	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2498	OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
2499	THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2500
2501	Immediately following the applicable statement, the location in
2502	the disclosure materials where the lien or lien right is
2503	described in detail shall be stated.
2504	(9)  If the developer or any other person has the right to
2505	increase or add to the recreational facilities at any time after
2506	the establishment of the condominium whose unit owners have use
2507	rights therein, without the consent of the unit owners or
2508	associations being required, there shall appear a statement in
2509	conspicuous type in substantially the following form:
2510	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2511	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2512	statement, the location in the disclosure materials where such
2513	reserved rights are described shall be stated.
2514	(10)  A statement of whether the developer's plan includes
2515	a program of leasing units rather than selling them, or leasing
2516	units and selling them subject to such leases. If so, there
2517	shall be a description of the plan, including the number and
2518	identification of the units and the provisions and term of the
2519	proposed leases, and a statement in boldfaced type that: THE
2520	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2521	(11)  The arrangements for management of the association
2522	and maintenance and operation of the condominium property and of
2523	other property that will serve the unit owners of the
2524	condominium property, and a description of the management
2525	contract and all other contracts for these purposes having a
2526	term in excess of 1 year, including the following:
2527	(a)  The names of contracting parties.
2528	(b)  The term of the contract.
2529	(c)  The nature of the services included.
2530	(d)  The compensation, stated on a monthly and annual
2531	basis, and provisions for increases in the compensation.
2532	(e)  A reference to the volumes and pages of the
2533	condominium documents and of the exhibits containing copies of
2534	such contracts.
2535
2536	Copies of all described contracts shall be attached as exhibits.
2537	If there is a contract for the management of the condominium
2538	property, then a statement in conspicuous type in substantially
2539	the following form shall appear, identifying the proposed or
2540	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2541	THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
2542	CONTRACT MANAGER). Immediately following this statement, the
2543	location in the disclosure materials of the contract for
2544	management of the condominium property shall be stated.
2545	(12)  If the developer or any other person or persons other
2546	than the unit owners has the right to retain control of the
2547	board of administration of the association for a period of time
2548	which can exceed 1 year after the closing of the sale of a
2549	majority of the units in that condominium to persons other than
2550	successors or alternate developers, then a statement in
2551	conspicuous type in substantially the following form shall be
2552	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2553	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2554	HAVE BEEN SOLD. Immediately following this statement, the
2555	location in the disclosure materials where this right to control
2556	is described in detail shall be stated.
2557	(13)  If there are any restrictions upon the sale,
2558	transfer, conveyance, or leasing of a unit, then a statement in
2559	conspicuous type in substantially the following form shall be
2560	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2561	CONTROLLED. Immediately following this statement, the location
2562	in the disclosure materials where the restriction, limitation,
2563	or control on the sale, lease, or transfer of units is described
2564	in detail shall be stated.
2565	(14)  If the condominium is part of a phase project, the
2566	following information shall be stated:
2567	(a)  A statement in conspicuous type in substantially the
2568	following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
2569	UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
2570	this statement, the location in the disclosure materials where
2571	the phasing is described shall be stated.
2572	(b)  A summary of the provisions of the declaration which
2573	provide for the phasing.
2574	(c)  A statement as to whether or not residential buildings
2575	and units which are added to the condominium may be
2576	substantially different from the residential buildings and units
2577	originally in the condominium. If the added residential
2578	buildings and units may be substantially different, there shall
2579	be a general description of the extent to which such added
2580	residential buildings and units may differ, and a statement in
2581	conspicuous type in substantially the following form shall be
2582	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
2583	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2584	UNITS IN THE CONDOMINIUM. Immediately following this statement,
2585	the location in the disclosure materials where the extent to
2586	which added residential buildings and units may substantially
2587	differ is described shall be stated.
2588	(d)  A statement of the maximum number of buildings
2589	containing units, the maximum and minimum numbers of units in
2590	each building, the maximum number of units, and the minimum and
2591	maximum square footage of the units that may be contained within
2592	each parcel of land which may be added to the condominium.
2593	(15)  If a condominium created on or after July 1, 2000, is
2594	or may become part of a multicondominium, the following
2595	information must be provided:
2596	(a)  A statement in conspicuous type in substantially the
2597	following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
2598	MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
2599	(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
2600	this statement, the location in the prospectus or offering
2601	circular and its exhibits where the multicondominium aspects of
2602	the offering are described must be stated.
2603	(b)  A summary of the provisions in the declaration,
2604	articles of incorporation, and bylaws which establish and
2605	provide for the operation of the multicondominium, including a
2606	statement as to whether unit owners in the condominium will have
2607	the right to use recreational or other facilities located or
2608	planned to be located in other condominiums operated by the same
2609	association, and the manner of sharing the common expenses
2610	related to such facilities.
2611	(c)  A statement of the minimum and maximum number of
2612	condominiums, and the minimum and maximum number of units in
2613	each of those condominiums, which will or may be operated by the
2614	association, and the latest date by which the exact number will
2615	be finally determined.
2616	(d)  A statement as to whether any of the condominiums in
2617	the multicondominium may include units intended to be used for
2618	nonresidential purposes and the purpose or purposes permitted
2619	for such use.
2620	(e)  A general description of the location and approximate
2621	acreage of any land on which any additional condominiums to be
2622	operated by the association may be located.
2623	(16)  If the condominium is created by conversion of
2624	existing improvements, the following information shall be
2625	stated:
2626	(a)  The information required by s. 718.616.
2627	(b)  A caveat that there are no express warranties unless
2628	they are stated in writing by the developer.
2629	(17)  A summary of the restrictions, if any, to be imposed
2630	on units concerning the use of any of the condominium property,
2631	including statements as to whether there are restrictions upon
2632	children and pets, and reference to the volumes and pages of the
2633	condominium documents where such restrictions are found, or if
2634	such restrictions are contained elsewhere, then a copy of the
2635	documents containing the restrictions shall be attached as an
2636	exhibit.
2637	(18)  If there is any land that is offered by the developer
2638	for use by the unit owners and that is neither owned by them nor
2639	leased to them, the association, or any entity controlled by
2640	unit owners and other persons having the use rights to such
2641	land, a statement shall be made as to how such land will serve
2642	the condominium. If any part of such land will serve the
2643	condominium, the statement shall describe the land and the
2644	nature and term of service, and the declaration or other
2645	instrument creating such servitude shall be included as an
2646	exhibit.
2647	(19)  The manner in which utility and other services,
2648	including, but not limited to, sewage and waste disposal, water
2649	supply, and storm drainage, will be provided and the person or
2650	entity furnishing them.
2651	(20)  An explanation of the manner in which the
2652	apportionment of common expenses and ownership of the common
2653	elements has been determined.
2654	(21)  An estimated operating budget for the condominium and
2655	the association, and a schedule of the unit owner's expenses
2656	shall be attached as an exhibit and shall contain the following
2657	information:
2658	(a)  The estimated monthly and annual expenses of the
2659	condominium and the association that are collected from unit
2660	owners by assessments.
2661	(b)  The estimated monthly and annual expenses of each unit
2662	owner for a unit, other than common expenses paid by all unit
2663	owners, payable by the unit owner to persons or entities other
2664	than the association, as well as to the association, including
2665	fees assessed pursuant to s. 718.113(1) for maintenance of
2666	limited common elements where such costs are shared only by
2667	those entitled to use the limited common element, and the total
2668	estimated monthly and annual expense. There may be excluded from
2669	this estimate expenses which are not provided for or
2670	contemplated by the condominium documents, including, but not
2671	limited to, the costs of private telephone; maintenance of the
2672	interior of condominium units, which is not the obligation of
2673	the association; maid or janitorial services privately
2674	contracted for by the unit owners; utility bills billed directly
2675	to each unit owner for utility services to his or her unit;
2676	insurance premiums other than those incurred for policies
2677	obtained by the condominium; and similar personal expenses of
2678	the unit owner. A unit owner's estimated payments for
2679	assessments shall also be stated in the estimated amounts for
2680	the times when they will be due.
2681	(c)  The estimated items of expenses of the condominium and
2682	the association, except as excluded under paragraph (b),
2683	including, but not limited to, the following items, which shall
2684	be stated either as an association expense collectible by
2685	assessments or as unit owners' expenses payable to persons other
2686	than the association:
2687	1.  Expenses for the association and condominium:
2688	a.  Administration of the association.
2689	b.  Management fees.
2690	c.  Maintenance.
2691	d.  Rent for recreational and other commonly used
2692	facilities.
2693	e.  Taxes upon association property.
2694	f.  Taxes upon leased areas.
2695	g.  Insurance.
2696	h.  Security provisions.
2697	i.  Other expenses.
2698	j.  Operating capital.
2699	k.  Reserves.
2700	l.  Fees payable to the division.
2701	2.  Expenses for a unit owner:
2702	a.  Rent for the unit, if subject to a lease.
2703	b.  Rent payable by the unit owner directly to the lessor
2704	or agent under any recreational lease or lease for the use of
2705	commonly used facilities, which use and payment is a mandatory
2706	condition of ownership and is not included in the common expense
2707	or assessments for common maintenance paid by the unit owners to
2708	the association.
2709	(d)  The following statement in conspicuous type: THE
2710	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2711	ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
2712	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2713	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2714	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2715	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
2716	THE OFFERING.
2717	(e)  Each budget for an association prepared by a developer
2718	consistent with this subsection shall be prepared in good faith
2719	and shall reflect accurate estimated amounts for the required
2720	items in paragraph (c) at the time of the filing of the offering
2721	circular with the division, and subsequent increased amounts of
2722	any item included in the association's estimated budget that are
2723	beyond the control of the developer shall not be considered an
2724	amendment that would give rise to rescission rights set forth in
2725	s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2726	or otherwise affect any guarantee of the developer contained in
2727	the offering circular or any purchase contract. It is the intent
2728	of this paragraph to clarify existing law.
2729	(f)  The estimated amounts shall be stated for a period of
2730	at least 12 months and may distinguish between the period prior
2731	to the time unit owners other than the developer elect a
2732	majority of the board of administration and the period after
2733	that date.
2734	(22)  A schedule of estimated closing expenses to be paid
2735	by a buyer or lessee of a unit and a statement of whether title
2736	opinion or title insurance policy is available to the buyer and,
2737	if so, at whose expense.
2738	(23)  The identity of the developer and the chief operating
2739	officer or principal directing the creation and sale of the
2740	condominium and a statement of its and his or her experience in
2741	this field.
2742	(24)  Copies of the following, to the extent they are
2743	applicable, shall be included as exhibits:
2744	(a)  The declaration of condominium, or the proposed
2745	declaration if the declaration has not been recorded.
2746	(b)  The articles of incorporation creating the
2747	association.
2748	(c)  The bylaws of the association.
2749	(d)  The ground lease or other underlying lease of the
2750	condominium.
2751	(e)  The management agreement and all maintenance and other
2752	contracts for management of the association and operation of the
2753	condominium and facilities used by the unit owners having a
2754	service term in excess of 1 year.
2755	(f)  The estimated operating budget for the condominium and
2756	the required schedule of unit owners' expenses.
2757	(g)  A copy of the floor plan of the unit and the plot plan
2758	showing the location of the residential buildings and the
2759	recreation and other common areas.
2760	(h)  The lease of recreational and other facilities that
2761	will be used only by unit owners of the subject condominium.
2762	(i)  The lease of facilities used by owners and others.
2763	(j)  The form of unit lease, if the offer is of a
2764	leasehold.
2765	(k)  A declaration of servitude of properties serving the
2766	condominium but not owned by unit owners or leased to them or
2767	the association.
2768	(l)  The statement of condition of the existing building or
2769	buildings, if the offering is of units in an operation being
2770	converted to condominium ownership.
2771	(m)  The statement of inspection for termite damage and
2772	treatment of the existing improvements, if the condominium is a
2773	conversion.
2774	(n)  The form of agreement for sale or lease of units.
2775	(o)  A copy of the agreement for escrow of payments made to
2776	the developer prior to closing.
2777	(p)  A copy of the documents containing any restrictions on
2778	use of the property required by subsection (17).
2779	(25)  Any prospectus or offering circular complying, prior
2780	to the effective date of this act, with the provisions of former
2781	ss. 711.69 and 711.802 may continue to be used without amendment
2782	or may be amended to comply with the provisions of this chapter.
2783	(26)  A brief narrative description of the location and
2784	effect of all existing and intended easements located or to be
2785	located on the condominium property other than those described
2786	in the declaration.
2787	(27)  If the developer is required by state or local
2788	authorities to obtain acceptance or approval of any dock or
2789	marina facilities intended to serve the condominium, a copy of
2790	any such acceptance or approval acquired by the time of filing
2791	with the division under s. 718.502(1) or a statement that such
2792	acceptance or approval has not been acquired or received.
2793	(28)  Evidence demonstrating that the developer has an
2794	ownership, leasehold, or contractual interest in the land upon
2795	which the condominium is to be developed.
2796	Section 52.  Section 718.508, Florida Statutes, is amended
2797	to read:
2798	718.508  Regulation by Division of Hotels and
2799	Restaurants.--In addition to the authority, regulation, or
2800	control exercised by the Division of Florida Land Sales,
2801	Condominiums, Timeshares, and Mobile Homes pursuant to this act
2802	with respect to condominiums, buildings included in a
2803	condominium property are shall be subject to the authority,
2804	regulation, or control of the Division of Hotels and Restaurants
2805	of the Department of Business and Professional Regulation, to
2806	the extent provided for in chapter 399.
2807	Section 53.  Section 718.509, Florida Statutes, is amended,
2808	and section 498.019, Florida Statutes, is transferred,
2809	renumbered as subsections (1) and (2) of that section, and
2810	amended to read:
2811	718.509  Division of Florida Land Sales, Condominiums,
2812	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
2813	the division and any amount paid for a fee or penalty under this
2814	chapter shall be deposited in the State Treasury to the credit
2815	of the Division of Florida Land Sales, Condominiums, and Mobile
2816	Homes Trust Fund created by s. 498.019.
2817	498.019  Division of Florida Land Sales, Condominiums, and
2818	Mobile Homes Trust Fund.--
2819	(1)  There is created within the State Treasury the
2820	Division of Florida Land Sales, Condominiums, Timeshares, and
2821	Mobile Homes Trust Fund to be used for the administration and
2822	operation of this chapter and chapters 718, 719, 721, and 723 by
2823	the division.
2824	(2)  All moneys collected by the division from fees, fines,
2825	or penalties or from costs awarded to the division by a court or
2826	administrative final order shall be paid into the Division of
2827	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2828	Trust Fund. The Legislature shall appropriate funds from this
2829	trust fund sufficient to carry out the provisions of this
2830	chapter and the provisions of law with respect to each category
2831	of business covered by the this trust fund. The division shall
2832	maintain separate revenue accounts in the trust fund for each of
2833	the businesses regulated by the division. The division shall
2834	provide for the proportionate allocation among the accounts of
2835	expenses incurred by the division in the performance of its
2836	duties with respect to each of these businesses. As part of its
2837	normal budgetary process, the division shall prepare an annual
2838	report of revenue and allocated expenses related to the
2839	operation of each of these businesses which may be used to
2840	determine fees charged by the division. This subsection shall
2841	operate pursuant to the provisions of s. 215.20.
2842	Section 54.  Paragraph (a) of subsection (2) of section
2843	718.608, Florida Statutes, is amended to read:
2844	718.608  Notice of intended conversion; time of delivery;
2845	content.--
2846	(2)(a)  Each notice of intended conversion shall be dated
2847	and in writing. The notice shall contain the following
2848	statement, with the phrases of the following statement which
2849	appear in upper case printed in conspicuous type:
2850
2851	These apartments are being converted to condominium by
2852	(name of developer)  , the developer.
2853	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2854	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2855	AGREEMENT AS FOLLOWS:
2856	a.  If you have continuously been a resident of these
2857	apartments during the last 180 days and your rental agreement
2858	expires during the next 270 days, you may extend your rental
2859	agreement for up to 270 days after the date of this notice.
2860	b.  If you have not been a continuous resident of these
2861	apartments for the last 180 days and your rental agreement
2862	expires during the next 180 days, you may extend your rental
2863	agreement for up to 180 days after the date of this notice.
2864	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2865	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2866	DATE OF THIS NOTICE.
2867	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2868	you may extend your rental agreement for up to 45 days after the
2869	date of this notice while you decide whether to extend your
2870	rental agreement as explained above. To do so, you must notify
2871	the developer in writing. You will then have the full 45 days to
2872	decide whether to extend your rental agreement as explained
2873	above.
2874	3.  During the extension of your rental agreement you will
2875	be charged the same rent that you are now paying.
2876	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2877	OF THE RENTAL AGREEMENT AS FOLLOWS:
2878	a.  If your rental agreement began or was extended or
2879	renewed after May 1, 1980, and your rental agreement, including
2880	extensions and renewals, has an unexpired term of 180 days or
2881	less, you may cancel your rental agreement upon 30 days' written
2882	notice and move. Also, upon 30 days' written notice, you may
2883	cancel any extension of the rental agreement.
2884	b.  If your rental agreement was not begun or was not
2885	extended or renewed after May 1, 1980, you may not cancel the
2886	rental agreement without the consent of the developer. If your
2887	rental agreement, including extensions and renewals, has an
2888	unexpired term of 180 days or less, you may, however, upon 30
2889	days' written notice cancel any extension of the rental
2890	agreement.
2891	5.  All notices must be given in writing and sent by mail,
2892	return receipt requested, or delivered in person to the
2893	developer at this address:   (name and address of developer)  .
2894	6.  If you have continuously been a resident of these
2895	apartments during the last 180 days:
2896	a.  You have the right to purchase your apartment and will
2897	have 45 days to decide whether to purchase. If you do not buy
2898	the unit at that price and the unit is later offered at a lower
2899	price, you will have the opportunity to buy the unit at the
2900	lower price. However, in all events your right to purchase the
2901	unit ends when the rental agreement or any extension of the
2902	rental agreement ends or when you waive this right in writing.
2903	b.  Within 90 days you will be provided purchase
2904	information relating to your apartment, including the price of
2905	your unit and the condition of the building. If you do not
2906	receive this information within 90 days, your rental agreement
2907	and any extension will be extended 1 day for each day over 90
2908	days until you are given the purchase information. If you do not
2909	want this rental agreement extension, you must notify the
2910	developer in writing.
2911	7.  If you have any questions regarding this conversion or
2912	the Condominium Act, you may contact the developer or the state
2913	agency which regulates condominiums: The Division of Florida
2914	Land Sales, Condominiums, Timeshares, and Mobile Homes,
2915	(Tallahassee address and telephone number of division)  .
2916	Section 55.  Subsection (17) of section 719.103, Florida
2917	Statutes, is amended to read:
2918	719.103  Definitions.--As used in this chapter:
2919	(17)  "Division" means the Division of Florida Land Sales,
2920	Condominiums, Timeshares, and Mobile Homes of the Department of
2921	Business and Professional Regulation.
2922	Section 56.  Section 719.1255, Florida Statutes, is amended
2923	to read:
2924	719.1255  Alternative resolution of disputes.--The Division
2925	of Florida Land Sales, Condominiums, Timeshares, and Mobile
2926	Homes of the Department of Business and Professional Regulation
2927	shall provide for alternative dispute resolution in accordance
2928	with s. 718.1255.
2929	Section 57.  Section 719.501, Florida Statutes, is amended
2930	to read:
2931	719.501  Powers and duties of Division of Florida Land
2932	Sales, Condominiums, Timeshares, and Mobile Homes.--
2933	(1)  The Division of Florida Land Sales, Condominiums,
2934	Timeshares, and Mobile Homes of the Department of Business and
2935	Professional Regulation, referred to as the "division" in this
2936	part, in addition to other powers and duties prescribed by
2937	chapter 718 498, has the power to enforce and ensure compliance
2938	with the provisions of this chapter and adopted rules
2939	promulgated pursuant hereto relating to the development,
2940	construction, sale, lease, ownership, operation, and management
2941	of residential cooperative units. In performing its duties, the
2942	division shall have the following powers and duties:
2943	(a)  The division may make necessary public or private
2944	investigations within or outside this state to determine whether
2945	any person has violated this chapter or any rule or order
2946	hereunder, to aid in the enforcement of this chapter, or to aid
2947	in the adoption of rules or forms hereunder.
2948	(b)  The division may require or permit any person to file
2949	a statement in writing, under oath or otherwise, as the division
2950	determines, as to the facts and circumstances concerning a
2951	matter to be investigated.
2952	(c)  For the purpose of any investigation under this
2953	chapter, the division director or any officer or employee
2954	designated by the division director may administer oaths or
2955	affirmations, subpoena witnesses and compel their attendance,
2956	take evidence, and require the production of any matter which is
2957	relevant to the investigation, including the existence,
2958	description, nature, custody, condition, and location of any
2959	books, documents, or other tangible things and the identity and
2960	location of persons having knowledge of relevant facts or any
2961	other matter reasonably calculated to lead to the discovery of
2962	material evidence. Upon failure by a person to obey a subpoena
2963	or to answer questions propounded by the investigating officer
2964	and upon reasonable notice to all persons affected thereby, the
2965	division may apply to the circuit court for an order compelling
2966	compliance.
2967	(d)  Notwithstanding any remedies available to unit owners
2968	and associations, if the division has reasonable cause to
2969	believe that a violation of any provision of this chapter or
2970	related rule promulgated pursuant hereto has occurred, the
2971	division may institute enforcement proceedings in its own name
2972	against a developer, association, officer, or member of the
2973	board, or its assignees or agents, as follows:
2974	1.  The division may permit a person whose conduct or
2975	actions may be under investigation to waive formal proceedings
2976	and enter into a consent proceeding whereby orders, rules, or
2977	letters of censure or warning, whether formal or informal, may
2978	be entered against the person.
2979	2.  The division may issue an order requiring the
2980	developer, association, officer, or member of the board, or its
2981	assignees or agents, to cease and desist from the unlawful
2982	practice and take such affirmative action as in the judgment of
2983	the division will carry out the purposes of this chapter. Such
2984	affirmative action may include, but is not limited to, an order
2985	requiring a developer to pay moneys determined to be owed to a
2986	condominium association.
2987	3.  The division may bring an action in circuit court on
2988	behalf of a class of unit owners, lessees, or purchasers for
2989	declaratory relief, injunctive relief, or restitution.
2990	4.  The division may impose a civil penalty against a
2991	developer or association, or its assignees or agents, for any
2992	violation of this chapter or related a rule promulgated pursuant
2993	hereto. The division may impose a civil penalty individually
2994	against any officer or board member who willfully and knowingly
2995	violates a provision of this chapter, a rule adopted pursuant to
2996	this chapter, or a final order of the division. The term
2997	"willfully and knowingly" means that the division informed the
2998	officer or board member that his or her action or intended
2999	action violates this chapter, a rule adopted under this chapter,
3000	or a final order of the division, and that the officer or board
3001	member refused to comply with the requirements of this chapter,
3002	a rule adopted under this chapter, or a final order of the
3003	division. The division, prior to initiating formal agency action
3004	under chapter 120, shall afford the officer or board member an
3005	opportunity to voluntarily comply with this chapter, a rule
3006	adopted under this chapter, or a final order of the division. An
3007	officer or board member who complies within 10 days is not
3008	subject to a civil penalty. A penalty may be imposed on the
3009	basis of each day of continuing violation, but in no event shall
3010	the penalty for any offense exceed $5,000. By January 1, 1998,
3011	the division shall adopt, by rule, penalty guidelines applicable
3012	to possible violations or to categories of violations of this
3013	chapter or rules adopted by the division. The guidelines must
3014	specify a meaningful range of civil penalties for each such
3015	violation of the statute and rules and must be based upon the
3016	harm caused by the violation, the repetition of the violation,
3017	and upon such other factors deemed relevant by the division. For
3018	example, the division may consider whether the violations were
3019	committed by a developer or owner-controlled association, the
3020	size of the association, and other factors. The guidelines must
3021	designate the possible mitigating or aggravating circumstances
3022	that justify a departure from the range of penalties provided by
3023	the rules. It is the legislative intent that minor violations be
3024	distinguished from those which endanger the health, safety, or
3025	welfare of the cooperative residents or other persons and that
3026	such guidelines provide reasonable and meaningful notice to the
3027	public of likely penalties that may be imposed for proscribed
3028	conduct. This subsection does not limit the ability of the
3029	division to informally dispose of administrative actions or
3030	complaints by stipulation, agreed settlement, or consent order.
3031	All amounts collected shall be deposited with the Chief
3032	Financial Officer to the credit of the Division of Florida Land
3033	Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
3034	a developer fails to pay the civil penalty, the division shall
3035	thereupon issue an order directing that such developer cease and
3036	desist from further operation until such time as the civil
3037	penalty is paid or may pursue enforcement of the penalty in a
3038	court of competent jurisdiction. If an association fails to pay
3039	the civil penalty, the division shall thereupon pursue
3040	enforcement in a court of competent jurisdiction, and the order
3041	imposing the civil penalty or the cease and desist order shall
3042	not become effective until 20 days after the date of such order.
3043	Any action commenced by the division shall be brought in the
3044	county in which the division has its executive offices or in the
3045	county where the violation occurred.
3046	(e)  The division may is authorized to prepare and
3047	disseminate a prospectus and other information to assist
3048	prospective owners, purchasers, lessees, and developers of
3049	residential cooperatives in assessing the rights, privileges,
3050	and duties pertaining thereto.
3051	(f)  The division has authority to adopt rules pursuant to
3052	ss. 120.536(1) and 120.54 to implement and enforce the
3053	provisions of this chapter.
3054	(g)  The division shall establish procedures for providing
3055	notice to an association when the division is considering the
3056	issuance of a declaratory statement with respect to the
3057	cooperative documents governing such cooperative community.
3058	(h)  The division shall furnish each association which pays
3059	the fees required by paragraph (2)(a) a copy of this act,
3060	subsequent changes to this act on an annual basis, an amended
3061	version of this act as it becomes available from the Secretary
3062	of State's office on a biennial basis, and the rules adopted
3063	promulgated pursuant thereto on an annual basis.
3064	(i)  The division shall annually provide each association
3065	with a summary of declaratory statements and formal legal
3066	opinions relating to the operations of cooperatives which were
3067	rendered by the division during the previous year.
3068	(j)  The division shall adopt uniform accounting
3069	principles, policies, and standards to be used by all
3070	associations in the preparation and presentation of all
3071	financial statements required by this chapter. The principles,
3072	policies, and standards shall take into consideration the size
3073	of the association and the total revenue collected by the
3074	association.
3075	(k)  The division shall provide training programs for
3076	cooperative association board members and unit owners.
3077	(l)  The division shall maintain a toll-free telephone
3078	number accessible to cooperative unit owners.
3079	(m)  When a complaint is made to the division, the division
3080	shall conduct its inquiry with reasonable dispatch and with due
3081	regard to the interests of the affected parties. Within 30 days
3082	after receipt of a complaint, the division shall acknowledge the
3083	complaint in writing and notify the complainant whether the
3084	complaint is within the jurisdiction of the division and whether
3085	additional information is needed by the division from the
3086	complainant. The division shall conduct its investigation and
3087	shall, within 90 days after receipt of the original complaint or
3088	timely requested additional information, take action upon the
3089	complaint. However, the failure to complete the investigation
3090	within 90 days does not prevent the division from continuing the
3091	investigation, accepting or considering evidence obtained or
3092	received after 90 days, or taking administrative action if
3093	reasonable cause exists to believe that a violation of this
3094	chapter or a rule of the division has occurred. If an
3095	investigation is not completed within the time limits
3096	established in this paragraph, the division shall, on a monthly
3097	basis, notify the complainant in writing of the status of the
3098	investigation. When reporting its action to the complainant, the
3099	division shall inform the complainant of any right to a hearing
3100	pursuant to ss. 120.569 and 120.57.
3101	(n)  The division shall develop a program to certify both
3102	volunteer and paid mediators to provide mediation of cooperative
3103	disputes. The division shall provide, upon request, a list of
3104	such mediators to any association, unit owner, or other
3105	participant in arbitration proceedings under s. 718.1255
3106	requesting a copy of the list. The division shall include on the
3107	list of voluntary mediators only persons who have received at
3108	least 20 hours of training in mediation techniques or have
3109	mediated at least 20 disputes. In order to become initially
3110	certified by the division, paid mediators must be certified by
3111	the Supreme Court to mediate court cases in either county or
3112	circuit courts. However, the division may adopt, by rule,
3113	additional factors for the certification of paid mediators,
3114	which factors must be related to experience, education, or
3115	background. Any person initially certified as a paid mediator by
3116	the division must, in order to continue to be certified, comply
3117	with the factors or requirements imposed by rules adopted by the
3118	division.
3119	(2)(a)  Each cooperative association shall pay to the
3120	division, on or before January 1 of each year, an annual fee in
3121	the amount of $4 for each residential unit in cooperatives
3122	operated by the association. If the fee is not paid by March 1,
3123	then the association shall be assessed a penalty of 10 percent
3124	of the amount due, and the association shall not have the
3125	standing to maintain or defend any action in the courts of this
3126	state until the amount due is paid.
3127	(b)  All fees shall be deposited in the Division of Florida
3128	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3129	Fund as provided by law.
3130	Section 58.  Paragraph (a) of subsection (2) of section
3131	719.502, Florida Statutes, is amended to read:
3132	719.502  Filing prior to sale or lease.--
3133	(2)(a)  Prior to filing as required by subsection (1), and
3134	prior to acquiring an ownership, leasehold, or contractual
3135	interest in the land upon which the cooperative is to be
3136	developed, a developer shall not offer a contract for purchase
3137	or lease of a unit for more than 5 years. However, the developer
3138	may accept deposits for reservations upon the approval of a
3139	fully executed escrow agreement and reservation agreement form
3140	properly filed with the Division of Florida Land Sales,
3141	Condominiums, Timeshares, and Mobile Homes. Each filing of a
3142	proposed reservation program shall be accompanied by a filing
3143	fee of $250. Reservations shall not be taken on a proposed
3144	cooperative unless the developer has an ownership, leasehold, or
3145	contractual interest in the land upon which the cooperative is
3146	to be developed. The division shall notify the developer within
3147	20 days of receipt of the reservation filing of any deficiencies
3148	contained therein. Such notification shall not preclude the
3149	determination of reservation filing deficiencies at a later
3150	date, nor shall it relieve the developer of any responsibility
3151	under the law. The escrow agreement and the reservation
3152	agreement form shall include a statement of the right of the
3153	prospective purchaser to an immediate unqualified refund of the
3154	reservation deposit moneys upon written request to the escrow
3155	agent by the prospective purchaser or the developer.
3156	Section 59.  Section 719.504, Florida Statutes, is amended
3157	to read:
3158	719.504  Prospectus or offering circular.--Every developer
3159	of a residential cooperative which contains more than 20
3160	residential units, or which is part of a group of residential
3161	cooperatives which will be served by property to be used in
3162	common by unit owners of more than 20 residential units, shall
3163	prepare a prospectus or offering circular and file it with the
3164	Division of Florida Land Sales, Condominiums, Timeshares, and
3165	Mobile Homes prior to entering into an enforceable contract of
3166	purchase and sale of any unit or lease of a unit for more than 5
3167	years and shall furnish a copy of the prospectus or offering
3168	circular to each buyer. In addition to the prospectus or
3169	offering circular, each buyer shall be furnished a separate page
3170	entitled "Frequently Asked Questions and Answers," which must be
3171	in accordance with a format approved by the division. This page
3172	must, in readable language: inform prospective purchasers
3173	regarding their voting rights and unit use restrictions,
3174	including restrictions on the leasing of a unit; indicate
3175	whether and in what amount the unit owners or the association is
3176	obligated to pay rent or land use fees for recreational or other
3177	commonly used facilities; contain a statement identifying that
3178	amount of assessment which, pursuant to the budget, would be
3179	levied upon each unit type, exclusive of any special
3180	assessments, and which identifies the basis upon which
3181	assessments are levied, whether monthly, quarterly, or
3182	otherwise; state and identify any court cases in which the
3183	association is currently a party of record in which the
3184	association may face liability in excess of $100,000; and state
3185	whether membership in a recreational facilities association is
3186	mandatory and, if so, identify the fees currently charged per
3187	unit type. The division shall by rule require such other
3188	disclosure as in its judgment will assist prospective
3189	purchasers. The prospectus or offering circular may include more
3190	than one cooperative, although not all such units are being
3191	offered for sale as of the date of the prospectus or offering
3192	circular. The prospectus or offering circular must contain the
3193	following information:
3194	(1)  The front cover or the first page must contain only:
3195	(a)  The name of the cooperative.
3196	(b)  The following statements in conspicuous type:
3197	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
3198	MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
3199	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
3200	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
3201	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
3202	MATERIALS.
3203	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
3204	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
3205	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
3206	REPRESENTATIONS.
3207	(2)  Summary: The next page must contain all statements
3208	required to be in conspicuous type in the prospectus or offering
3209	circular.
3210	(3)  A separate index of the contents and exhibits of the
3211	prospectus.
3212	(4)  Beginning on the first page of the text (not including
3213	the summary and index), a description of the cooperative,
3214	including, but not limited to, the following information:
3215	(a)  Its name and location.
3216	(b)  A description of the cooperative property, including,
3217	without limitation:
3218	1.  The number of buildings, the number of units in each
3219	building, the number of bathrooms and bedrooms in each unit, and
3220	the total number of units, if the cooperative is not a phase
3221	cooperative; or, if the cooperative is a phase cooperative, the
3222	maximum number of buildings that may be contained within the
3223	cooperative, the minimum and maximum number of units in each
3224	building, the minimum and maximum number of bathrooms and
3225	bedrooms that may be contained in each unit, and the maximum
3226	number of units that may be contained within the cooperative.
3227	2.  The page in the cooperative documents where a copy of
3228	the survey and plot plan of the cooperative is located.
3229	3.  The estimated latest date of completion of
3230	constructing, finishing, and equipping. In lieu of a date, a
3231	statement that the estimated date of completion of the
3232	cooperative is in the purchase agreement and a reference to the
3233	article or paragraph containing that information.
3234	(c)  The maximum number of units that will use facilities
3235	in common with the cooperative. If the maximum number of units
3236	will vary, a description of the basis for variation and the
3237	minimum amount of dollars per unit to be spent for additional
3238	recreational facilities or enlargement of such facilities. If
3239	the addition or enlargement of facilities will result in a
3240	material increase of a unit owner's maintenance expense or
3241	rental expense, if any, the maximum increase and limitations
3242	thereon shall be stated.
3243	(5)(a)  A statement in conspicuous type describing whether
3244	the cooperative is created and being sold as fee simple
3245	interests or as leasehold interests. If the cooperative is
3246	created or being sold on a leasehold, the location of the lease
3247	in the disclosure materials shall be stated.
3248	(b)  If timeshare estates are or may be created with
3249	respect to any unit in the cooperative, a statement in
3250	conspicuous type stating that timeshare estates are created and
3251	being sold in such specified units in the cooperative.
3252	(6)  A description of the recreational and other common
3253	areas that will be used only by unit owners of the cooperative,
3254	including, but not limited to, the following:
3255	(a)  Each room and its intended purposes, location,
3256	approximate floor area, and capacity in numbers of people.
3257	(b)  Each swimming pool, as to its general location,
3258	approximate size and depths, approximate deck size and capacity,
3259	and whether heated.
3260	(c)  Additional facilities, as to the number of each
3261	facility, its approximate location, approximate size, and
3262	approximate capacity.
3263	(d)  A general description of the items of personal
3264	property and the approximate number of each item of personal
3265	property that the developer is committing to furnish for each
3266	room or other facility or, in the alternative, a representation
3267	as to the minimum amount of expenditure that will be made to
3268	purchase the personal property for the facility.
3269	(e)  The estimated date when each room or other facility
3270	will be available for use by the unit owners.
3271	(f)1.  An identification of each room or other facility to
3272	be used by unit owners that will not be owned by the unit owners
3273	or the association;
3274	2.  A reference to the location in the disclosure materials
3275	of the lease or other agreements providing for the use of those
3276	facilities; and
3277	3.  A description of the terms of the lease or other
3278	agreements, including the length of the term; the rent payable,
3279	directly or indirectly, by each unit owner, and the total rent
3280	payable to the lessor, stated in monthly and annual amounts for
3281	the entire term of the lease; and a description of any option to
3282	purchase the property leased under any such lease, including the
3283	time the option may be exercised, the purchase price or how it
3284	is to be determined, the manner of payment, and whether the
3285	option may be exercised for a unit owner's share or only as to
3286	the entire leased property.
3287	(g)  A statement as to whether the developer may provide
3288	additional facilities not described above, their general
3289	locations and types, improvements or changes that may be made,
3290	the approximate dollar amount to be expended, and the maximum
3291	additional common expense or cost to the individual unit owners
3292	that may be charged during the first annual period of operation
3293	of the modified or added facilities.
3294
3295	Descriptions as to locations, areas, capacities, numbers,
3296	volumes, or sizes may be stated as approximations or minimums.
3297	(7)  A description of the recreational and other facilities
3298	that will be used in common with other cooperatives, community
3299	associations, or planned developments which require the payment
3300	of the maintenance and expenses of such facilities, either
3301	directly or indirectly, by the unit owners. The description
3302	shall include, but not be limited to, the following:
3303	(a)  Each building and facility committed to be built.
3304	(b)  Facilities not committed to be built except under
3305	certain conditions, and a statement of those conditions or
3306	contingencies.
3307	(c)  As to each facility committed to be built, or which
3308	will be committed to be built upon the happening of one of the
3309	conditions in paragraph (b), a statement of whether it will be
3310	owned by the unit owners having the use thereof or by an
3311	association or other entity which will be controlled by them, or
3312	others, and the location in the exhibits of the lease or other
3313	document providing for use of those facilities.
3314	(d)  The year in which each facility will be available for
3315	use by the unit owners or, in the alternative, the maximum
3316	number of unit owners in the project at the time each of all of
3317	the facilities is committed to be completed.
3318	(e)  A general description of the items of personal
3319	property, and the approximate number of each item of personal
3320	property, that the developer is committing to furnish for each
3321	room or other facility or, in the alternative, a representation
3322	as to the minimum amount of expenditure that will be made to
3323	purchase the personal property for the facility.
3324	(f)  If there are leases, a description thereof, including
3325	the length of the term, the rent payable, and a description of
3326	any option to purchase.
3327
3328	Descriptions shall include location, areas, capacities, numbers,
3329	volumes, or sizes and may be stated as approximations or
3330	minimums.
3331	(8)  Recreation lease or associated club membership:
3332	(a)  If any recreational facilities or other common areas
3333	offered by the developer and available to, or to be used by,
3334	unit owners are to be leased or have club membership associated,
3335	the following statement in conspicuous type shall be included:
3336	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
3337	COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
3338	COOPERATIVE. There shall be a reference to the location in the
3339	disclosure materials where the recreation lease or club
3340	membership is described in detail.
3341	(b)  If it is mandatory that unit owners pay a fee, rent,
3342	dues, or other charges under a recreational facilities lease or
3343	club membership for the use of facilities, there shall be in
3344	conspicuous type the applicable statement:
3345	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
3346	MANDATORY FOR UNIT OWNERS; or
3347	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
3348	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3349	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
3350	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
3351	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
3352	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
3353	4.  A similar statement of the nature of the organization
3354	or manner in which the use rights are created, and that unit
3355	owners are required to pay.
3356
3357	Immediately following the applicable statement, the location in
3358	the disclosure materials where the development is described in
3359	detail shall be stated.
3360	(c)  If the developer, or any other person other than the
3361	unit owners and other persons having use rights in the
3362	facilities, reserves, or is entitled to receive, any rent, fee,
3363	or other payment for the use of the facilities, then there shall
3364	be the following statement in conspicuous type: THE UNIT OWNERS
3365	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
3366	RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
3367	statement, the location in the disclosure materials where the
3368	rent or land use fees are described in detail shall be stated.
3369	(d)  If, in any recreation format, whether leasehold, club,
3370	or other, any person other than the association has the right to
3371	a lien on the units to secure the payment of assessments, rent,
3372	or other exactions, there shall appear a statement in
3373	conspicuous type in substantially the following form:
3374	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3375	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
3376	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
3377	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
3378	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3379	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
3380	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
3381	OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
3382	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
3383
3384	Immediately following the applicable statement, the location in
3385	the disclosure materials where the lien or lien right is
3386	described in detail shall be stated.
3387	(9)  If the developer or any other person has the right to
3388	increase or add to the recreational facilities at any time after
3389	the establishment of the cooperative whose unit owners have use
3390	rights therein, without the consent of the unit owners or
3391	associations being required, there shall appear a statement in
3392	conspicuous type in substantially the following form:
3393	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
3394	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
3395	statement, the location in the disclosure materials where such
3396	reserved rights are described shall be stated.
3397	(10)  A statement of whether the developer's plan includes
3398	a program of leasing units rather than selling them, or leasing
3399	units and selling them subject to such leases. If so, there
3400	shall be a description of the plan, including the number and
3401	identification of the units and the provisions and term of the
3402	proposed leases, and a statement in boldfaced type that: THE
3403	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
3404	(11)  The arrangements for management of the association
3405	and maintenance and operation of the cooperative property and of
3406	other property that will serve the unit owners of the
3407	cooperative property, and a description of the management
3408	contract and all other contracts for these purposes having a
3409	term in excess of 1 year, including the following:
3410	(a)  The names of contracting parties.
3411	(b)  The term of the contract.
3412	(c)  The nature of the services included.
3413	(d)  The compensation, stated on a monthly and annual
3414	basis, and provisions for increases in the compensation.
3415	(e)  A reference to the volumes and pages of the
3416	cooperative documents and of the exhibits containing copies of
3417	such contracts.
3418
3419	Copies of all described contracts shall be attached as exhibits.
3420	If there is a contract for the management of the cooperative
3421	property, then a statement in conspicuous type in substantially
3422	the following form shall appear, identifying the proposed or
3423	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
3424	THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
3425	CONTRACT MANAGER). Immediately following this statement, the
3426	location in the disclosure materials of the contract for
3427	management of the cooperative property shall be stated.
3428	(12)  If the developer or any other person or persons other
3429	than the unit owners has the right to retain control of the
3430	board of administration of the association for a period of time
3431	which can exceed 1 year after the closing of the sale of a
3432	majority of the units in that cooperative to persons other than
3433	successors or alternate developers, then a statement in
3434	conspicuous type in substantially the following form shall be
3435	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
3436	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
3437	HAVE BEEN SOLD. Immediately following this statement, the
3438	location in the disclosure materials where this right to control
3439	is described in detail shall be stated.
3440	(13)  If there are any restrictions upon the sale,
3441	transfer, conveyance, or leasing of a unit, then a statement in
3442	conspicuous type in substantially the following form shall be
3443	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
3444	CONTROLLED. Immediately following this statement, the location
3445	in the disclosure materials where the restriction, limitation,
3446	or control on the sale, lease, or transfer of units is described
3447	in detail shall be stated.
3448	(14)  If the cooperative is part of a phase project, the
3449	following shall be stated:
3450	(a)  A statement in conspicuous type in substantially the
3451	following form shall be included: THIS IS A PHASE COOPERATIVE.
3452	ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
3453	Immediately following this statement, the location in the
3454	disclosure materials where the phasing is described shall be
3455	stated.
3456	(b)  A summary of the provisions of the declaration
3457	providing for the phasing.
3458	(c)  A statement as to whether or not residential buildings
3459	and units which are added to the cooperative may be
3460	substantially different from the residential buildings and units
3461	originally in the cooperative, and, if the added residential
3462	buildings and units may be substantially different, there shall
3463	be a general description of the extent to which such added
3464	residential buildings and units may differ, and a statement in
3465	conspicuous type in substantially the following form shall be
3466	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
3467	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
3468	UNITS IN THE COOPERATIVE. Immediately following this statement,
3469	the location in the disclosure materials where the extent to
3470	which added residential buildings and units may substantially
3471	differ is described shall be stated.
3472	(d)  A statement of the maximum number of buildings
3473	containing units, the maximum and minimum number of units in
3474	each building, the maximum number of units, and the minimum and
3475	maximum square footage of the units that may be contained within
3476	each parcel of land which may be added to the cooperative.
3477	(15)  If the cooperative is created by conversion of
3478	existing improvements, the following information shall be
3479	stated:
3480	(a)  The information required by s. 719.616.
3481	(b)  A caveat that there are no express warranties unless
3482	they are stated in writing by the developer.
3483	(16)  A summary of the restrictions, if any, to be imposed
3484	on units concerning the use of any of the cooperative property,
3485	including statements as to whether there are restrictions upon
3486	children and pets, and reference to the volumes and pages of the
3487	cooperative documents where such restrictions are found, or if
3488	such restrictions are contained elsewhere, then a copy of the
3489	documents containing the restrictions shall be attached as an
3490	exhibit.
3491	(17)  If there is any land that is offered by the developer
3492	for use by the unit owners and that is neither owned by them nor
3493	leased to them, the association, or any entity controlled by
3494	unit owners and other persons having the use rights to such
3495	land, a statement shall be made as to how such land will serve
3496	the cooperative. If any part of such land will serve the
3497	cooperative, the statement shall describe the land and the
3498	nature and term of service, and the cooperative documents or
3499	other instrument creating such servitude shall be included as an
3500	exhibit.
3501	(18)  The manner in which utility and other services,
3502	including, but not limited to, sewage and waste disposal, water
3503	supply, and storm drainage, will be provided and the person or
3504	entity furnishing them.
3505	(19)  An explanation of the manner in which the
3506	apportionment of common expenses and ownership of the common
3507	areas have been determined.
3508	(20)  An estimated operating budget for the cooperative and
3509	the association, and a schedule of the unit owner's expenses
3510	shall be attached as an exhibit and shall contain the following
3511	information:
3512	(a)  The estimated monthly and annual expenses of the
3513	cooperative and the association that are collected from unit
3514	owners by assessments.
3515	(b)  The estimated monthly and annual expenses of each unit
3516	owner for a unit, other than assessments payable to the
3517	association, payable by the unit owner to persons or entities
3518	other than the association, and the total estimated monthly and
3519	annual expense. There may be excluded from this estimate
3520	expenses that are personal to unit owners, which are not
3521	uniformly incurred by all unit owners, or which are not provided
3522	for or contemplated by the cooperative documents, including, but
3523	not limited to, the costs of private telephone; maintenance of
3524	the interior of cooperative units, which is not the obligation
3525	of the association; maid or janitorial services privately
3526	contracted for by the unit owners; utility bills billed directly
3527	to each unit owner for utility services to his or her unit;
3528	insurance premiums other than those incurred for policies
3529	obtained by the cooperative; and similar personal expenses of
3530	the unit owner. A unit owner's estimated payments for
3531	assessments shall also be stated in the estimated amounts for
3532	the times when they will be due.
3533	(c)  The estimated items of expenses of the cooperative and
3534	the association, except as excluded under paragraph (b),
3535	including, but not limited to, the following items, which shall
3536	be stated either as an association expense collectible by
3537	assessments or as unit owners' expenses payable to persons other
3538	than the association:
3539	1.  Expenses for the association and cooperative:
3540	a.  Administration of the association.
3541	b.  Management fees.
3542	c.  Maintenance.
3543	d.  Rent for recreational and other commonly used areas.
3544	e.  Taxes upon association property.
3545	f.  Taxes upon leased areas.
3546	g.  Insurance.
3547	h.  Security provisions.
3548	i.  Other expenses.
3549	j.  Operating capital.
3550	k.  Reserves.
3551	l.  Fee payable to the division.
3552	2.  Expenses for a unit owner:
3553	a.  Rent for the unit, if subject to a lease.
3554	b.  Rent payable by the unit owner directly to the lessor
3555	or agent under any recreational lease or lease for the use of
3556	commonly used areas, which use and payment are a mandatory
3557	condition of ownership and are not included in the common
3558	expense or assessments for common maintenance paid by the unit
3559	owners to the association.
3560	(d)  The following statement in conspicuous type: THE
3561	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3562	ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3563	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3564	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3565	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3566	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
3567	THE OFFERING.
3568	(e)  Each budget for an association prepared by a developer
3569	consistent with this subsection shall be prepared in good faith
3570	and shall reflect accurate estimated amounts for the required
3571	items in paragraph (c) at the time of the filing of the offering
3572	circular with the division, and subsequent increased amounts of
3573	any item included in the association's estimated budget that are
3574	beyond the control of the developer shall not be considered an
3575	amendment that would give rise to rescission rights set forth in
3576	s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3577	or otherwise affect any guarantee of the developer contained in
3578	the offering circular or any purchase contract. It is the intent
3579	of this paragraph to clarify existing law.
3580	(f)  The estimated amounts shall be stated for a period of
3581	at least 12 months and may distinguish between the period prior
3582	to the time unit owners other than the developer elect a
3583	majority of the board of administration and the period after
3584	that date.
3585	(21)  A schedule of estimated closing expenses to be paid
3586	by a buyer or lessee of a unit and a statement of whether title
3587	opinion or title insurance policy is available to the buyer and,
3588	if so, at whose expense.
3589	(22)  The identity of the developer and the chief operating
3590	officer or principal directing the creation and sale of the
3591	cooperative and a statement of its and his or her experience in
3592	this field.
3593	(23)  Copies of the following, to the extent they are
3594	applicable, shall be included as exhibits:
3595	(a)  The cooperative documents, or the proposed cooperative
3596	documents if the documents have not been recorded.
3597	(b)  The articles of incorporation creating the
3598	association.
3599	(c)  The bylaws of the association.
3600	(d)  The ground lease or other underlying lease of the
3601	cooperative.
3602	(e)  The management agreement and all maintenance and other
3603	contracts for management of the association and operation of the
3604	cooperative and facilities used by the unit owners having a
3605	service term in excess of 1 year.
3606	(f)  The estimated operating budget for the cooperative and
3607	the required schedule of unit owners' expenses.
3608	(g)  A copy of the floor plan of the unit and the plot plan
3609	showing the location of the residential buildings and the
3610	recreation and other common areas.
3611	(h)  The lease of recreational and other facilities that
3612	will be used only by unit owners of the subject cooperative.
3613	(i)  The lease of facilities used by owners and others.
3614	(j)  The form of unit lease, if the offer is of a
3615	leasehold.
3616	(k)  A declaration of servitude of properties serving the
3617	cooperative but not owned by unit owners or leased to them or
3618	the association.
3619	(l)  The statement of condition of the existing building or
3620	buildings, if the offering is of units in an operation being
3621	converted to cooperative ownership.
3622	(m)  The statement of inspection for termite damage and
3623	treatment of the existing improvements, if the cooperative is a
3624	conversion.
3625	(n)  The form of agreement for sale or lease of units.
3626	(o)  A copy of the agreement for escrow of payments made to
3627	the developer prior to closing.
3628	(p)  A copy of the documents containing any restrictions on
3629	use of the property required by subsection (16).
3630	(24)  Any prospectus or offering circular complying with
3631	the provisions of former ss. 711.69 and 711.802 may continue to
3632	be used without amendment, or may be amended to comply with the
3633	provisions of this chapter.
3634	(25)  A brief narrative description of the location and
3635	effect of all existing and intended easements located or to be
3636	located on the cooperative property other than those in the
3637	declaration.
3638	(26)  If the developer is required by state or local
3639	authorities to obtain acceptance or approval of any dock or
3640	marina facility intended to serve the cooperative, a copy of
3641	such acceptance or approval acquired by the time of filing with
3642	the division pursuant to s. 719.502 or a statement that such
3643	acceptance has not been acquired or received.
3644	(27)  Evidence demonstrating that the developer has an
3645	ownership, leasehold, or contractual interest in the land upon
3646	which the cooperative is to be developed.
3647	Section 60.  Section 719.508, Florida Statutes, is amended
3648	to read:
3649	719.508  Regulation by Division of Hotels and
3650	Restaurants.--In addition to the authority, regulation, or
3651	control exercised by the Division of Florida Land Sales,
3652	Condominiums, Timeshares, and Mobile Homes pursuant to this act
3653	with respect to cooperatives, buildings included in a
3654	cooperative property shall be subject to the authority,
3655	regulation, or control of the Division of Hotels and Restaurants
3656	of the Department of Business and Professional Regulation, to
3657	the extent provided for in chapters 399 and 509.
3658	Section 61.  Paragraph (a) of subsection (2) of section
3659	719.608, Florida Statutes, is amended to read:
3660	719.608  Notice of intended conversion; time of delivery;
3661	content.--
3662	(2)(a)  Each notice of intended conversion shall be dated
3663	and in writing. The notice shall contain the following
3664	statement, with the phrases of the following statement which
3665	appear in upper case printed in conspicuous type:
3666
3667	These apartments are being converted to cooperative by
3668	(name of developer)  , the developer.
3669	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3670	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3671	AGREEMENT AS FOLLOWS:
3672	a.  If you have continuously been a resident of these
3673	apartments during the last 180 days and your rental agreement
3674	expires during the next 270 days, you may extend your rental
3675	agreement for up to 270 days after the date of this notice.
3676	b.  If you have not been a continuous resident of these
3677	apartments for the last 180 days and your rental agreement
3678	expires during the next 180 days, you may extend your rental
3679	agreement for up to 180 days after the date of this notice.
3680	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3681	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3682	DATE OF THIS NOTICE.
3683	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3684	you may extend your rental agreement for up to 45 days after the
3685	date of this notice while you decide whether to extend your
3686	rental agreement as explained above. To do so, you must notify
3687	the developer in writing. You will then have the full 45 days to
3688	decide whether to extend your rental agreement as explained
3689	above.
3690	3.  During the extension of your rental agreement you will
3691	be charged the same rent that you are now paying.
3692	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3693	OF THE RENTAL AGREEMENT AS FOLLOWS:
3694	a.  If your rental agreement began or was extended or
3695	renewed after May 1, 1980, and your rental agreement, including
3696	extensions and renewals, has an unexpired term of 180 days or
3697	less, you may cancel your rental agreement upon 30 days' written
3698	notice and move. Also, upon 30 days' written notice, you may
3699	cancel any extension of the rental agreement.
3700	b.  If your rental agreement was not begun or was not
3701	extended or renewed after May 1, 1980, you may not cancel the
3702	rental agreement without the consent of the developer. If your
3703	rental agreement, including extensions and renewals, has an
3704	unexpired term of 180 days or less, you may, however, upon 30
3705	days' written notice cancel any extension of the rental
3706	agreement.
3707	5.  All notices must be given in writing and sent by mail,
3708	return receipt requested, or delivered in person to the
3709	developer at this address:   (name and address of developer)  .
3710	6.  If you have continuously been a resident of these
3711	apartments during the last 180 days:
3712	a.  You have the right to purchase your apartment and will
3713	have 45 days to decide whether to purchase. If you do not buy
3714	the unit at that price and the unit is later offered at a lower
3715	price, you will have the opportunity to buy the unit at the
3716	lower price. However, in all events your right to purchase the
3717	unit ends when the rental agreement or any extension of the
3718	rental agreement ends or when you waive this right in writing.
3719	b.  Within 90 days you will be provided purchase
3720	information relating to your apartment, including the price of
3721	your unit and the condition of the building. If you do not
3722	receive this information within 90 days, your rental agreement
3723	and any extension will be extended 1 day for each day over 90
3724	days until you are given the purchase information. If you do not
3725	want this rental agreement extension, you must notify the
3726	developer in writing.
3727	7.  If you have any questions regarding this conversion or
3728	the Cooperative Act, you may contact the developer or the state
3729	agency which regulates cooperatives: The Division of Florida
3730	Land Sales, Condominiums, Timeshares, and Mobile Homes,
3731	(Tallahassee address and telephone number of division)  .
3732	Section 62.  Subsection (7) of section 720.301, Florida
3733	Statutes, is amended to read:
3734	720.301  Definitions.--As used in this chapter, the term:
3735	(7)  "Division" means the Division of Florida Land Sales,
3736	Condominiums, Timeshares, and Mobile Homes in the Department of
3737	Business and Professional Regulation.
3738	Section 63.  Subsection (2) of section 720.401, Florida
3739	Statutes, is amended to read:
3740	720.401  Prospective purchasers subject to association
3741	membership requirement; disclosure required; covenants;
3742	assessments; contract cancellation.--
3743	(2)  This section does not apply to any association
3744	regulated under chapter 718, chapter 719, chapter 721, or
3745	chapter 723 or to a subdivider registered under chapter 498; and
3746	also does not apply if disclosure regarding the association is
3747	otherwise made in connection with the requirements of chapter
3748	718, chapter 719, chapter 721, or chapter 723.
3749	Section 64.  Paragraph (c) of subsection (1) of section
3750	721.03, Florida Statutes, is amended to read:
3751	721.03  Scope of chapter.--
3752	(1)  This chapter applies to all timeshare plans consisting
3753	of more than seven timeshare periods over a period of at least 3
3754	years in which the accommodations and facilities, if any, are
3755	located within this state or offered within this state; provided
3756	that:
3757	(c)  All timeshare accommodations or facilities which are
3758	located outside the state but offered for sale in this state
3759	shall be governed by the following:
3760	1.  The offering for sale in this state of timeshare
3761	accommodations and facilities located outside the state is
3762	subject only to the provisions of ss. 721.01-721.12, 721.18,
3763	721.20, 721.21, 721.26, 721.28, and part II.
3764	2.  The division shall not require a developer of timeshare
3765	accommodations or facilities located outside of this state to
3766	make changes in any timeshare instrument to conform to the
3767	provisions of s. 721.07 or s. 721.55. The division shall have
3768	the power to require disclosure of those provisions of the
3769	timeshare instrument that do not conform to s. 721.07 or s.
3770	721.55 as the director determines is necessary to fairly,
3771	meaningfully, and effectively disclose all aspects of the
3772	timeshare plan.
3773	3.  Except as provided in this subparagraph, the division
3774	shall have no authority to determine whether any person has
3775	complied with another state's laws or to disapprove any filing
3776	out-of-state, timeshare instrument, or component site document,
3777	based solely upon the lack or degree of timeshare regulation in
3778	another state. The division may require a developer to obtain
3779	and provide to the division existing documentation relating to
3780	an out-of-state filing, timeshare instrument, or component site
3781	document and prove compliance of same with the laws of that
3782	state. In this regard, the division may accept any evidence of
3783	the approval or acceptance of any out-of-state filing, timeshare
3784	instrument, or component site document by another state in lieu
3785	of requiring a developer to file the out-of-state filing,
3786	timeshare instrument, or component site document with the
3787	division pursuant to this section, or the division may accept an
3788	opinion letter from an attorney or law firm opining as to the
3789	compliance of such out-of-state filing, timeshare instrument, or
3790	component site document with the laws of another state. The
3791	division may refuse to approve the inclusion of any out-of-state
3792	filing, timeshare instrument, or component site document as part
3793	of a public offering statement based upon the inability of the
3794	developer to establish the compliance of same with the laws of
3795	another state.
3796	4.  The division is authorized to enter into an agreement
3797	with another state for the purpose of facilitating the
3798	processing of out-of-state timeshare instruments or other
3799	component site documents pursuant to this chapter and for the
3800	purpose of facilitating the referral of consumer complaints to
3801	the appropriate state.
3802	5.  Notwithstanding any other provision of this paragraph,
3803	the offer, in this state, of an additional interest to existing
3804	purchasers in the same timeshare plan, the same nonspecific
3805	multisite timeshare plan, or the same component site of a
3806	multisite timeshare plan with accommodations and facilities
3807	located outside of this state shall not be subject to the
3808	provisions of this chapter if the offer complies with the
3809	provisions of s. 721.11(4).
3810	Section 65.  Subsection (11) of section 721.05, Florida
3811	Statutes, is amended to read:
3812	721.05  Definitions.--As used in this chapter, the term:
3813	(11)  "Division" means the Division of Florida Land Sales,
3814	Condominiums, Timeshares, and Mobile Homes of the Department of
3815	Business and Professional Regulation.
3816	Section 66.  Paragraph (d) of subsection (2) of section
3817	721.07, Florida Statutes, is amended to read:
3818	721.07  Public offering statement.--Prior to offering any
3819	timeshare plan, the developer must submit a filed public
3820	offering statement to the division for approval as prescribed by
3821	s. 721.03, s. 721.55, or this section. Until the division
3822	approves such filing, any contract regarding the sale of that
3823	timeshare plan is subject to cancellation by the purchaser
3824	pursuant to s. 721.10.
3825	(2)
3826	(d)  A developer shall have the authority to deliver to
3827	purchasers any purchaser public offering statement that is not
3828	yet approved by the division, provided that the following shall
3829	apply:
3830	1.  At the time the developer delivers an unapproved
3831	purchaser public offering statement to a purchaser pursuant to
3832	this paragraph, the developer shall deliver a fully completed
3833	and executed copy of the purchase contract required by s. 721.06
3834	that contains the following statement in conspicuous type in
3835	substantially the following form which shall replace the
3836	statements required by s. 721.06(1)(g):
3837
3838	The developer is delivering to you a public offering statement
3839	that has been filed with but not yet approved by the Division of
3840	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3841	Any revisions to the unapproved public offering statement you
3842	have received must be delivered to you, but only if the
3843	revisions materially alter or modify the offering in a manner
3844	adverse to you. After the division approves the public offering
3845	statement, you will receive notice of the approval from the
3846	developer and the required revisions, if any.
3847
3848	Your statutory right to cancel this transaction without any
3849	penalty or obligation expires 10 calendar days after the date
3850	you signed your purchase contract or the date on which you
3851	receive the last of all documents required to be given to you
3852	pursuant to section 721.07(6), Florida Statutes, or 10 calendar
3853	days after you receive revisions required to be delivered to
3854	you, if any, whichever is later. If you decide to cancel this
3855	contract, you must notify the seller in writing of your intent
3856	to cancel. Your notice of cancellation shall be effective upon
3857	the date sent and shall be sent to   (Name of Seller)   at
3858	(Address of Seller)  . Any attempt to obtain a waiver of your
3859	cancellation right is void and of no effect. While you may
3860	execute all closing documents in advance, the closing, as
3861	evidenced by delivery of the deed or other document, before
3862	expiration of your 10-day cancellation period, is prohibited.
3863
3864	2.  After receipt of approval from the division and prior
3865	to closing, if any revisions made to the documents contained in
3866	the purchaser public offering statement materially alter or
3867	modify the offering in a manner adverse to a purchaser, the
3868	developer shall send the purchaser such revisions together with
3869	a notice containing a statement in conspicuous type in
3870	substantially the following form:
3871
3872	The unapproved public offering statement previously delivered to
3873	you, together with the enclosed revisions, has been approved by
3874	the Division of Florida Land Sales, Condominiums, Timeshares,
3875	and Mobile Homes. Accordingly, your cancellation right expires
3876	10 calendar days after you sign your purchase contract or 10
3877	calendar days after you receive these revisions, whichever is
3878	later. If you have any questions regarding your cancellation
3879	rights, you may contact the division at [insert division's
3880	current address].
3881
3882	3.  After receipt of approval from the division and prior
3883	to closing, if no revisions have been made to the documents
3884	contained in the unapproved purchaser public offering statement,
3885	or if such revisions do not materially alter or modify the
3886	offering in a manner adverse to a purchaser, the developer shall
3887	send the purchaser a notice containing a statement in
3888	conspicuous type in substantially the following form:
3889
3890	The unapproved public offering statement previously delivered to
3891	you has been approved by the Division of Florida Land Sales,
3892	Condominiums, Timeshares, and Mobile Homes. Revisions made to
3893	the unapproved public offering statement, if any, are either not
3894	required to be delivered to you or are not deemed by the
3895	developer, in its opinion, to materially alter or modify the
3896	offering in a manner that is adverse to you. Accordingly, your
3897	cancellation right expired 10 days after you signed your
3898	purchase contract. A complete copy of the approved public
3899	offering statement is available through the managing entity for
3900	inspection as part of the books and records of the plan. If you
3901	have any questions regarding your cancellation rights, you may
3902	contact the division at [insert division's current address].
3903	Section 67.  Subsection (8) of section 721.08, Florida
3904	Statutes, is amended to read:
3905	721.08  Escrow accounts; nondisturbance instruments;
3906	alternate security arrangements; transfer of legal title.--
3907	(8)  An escrow agent holding escrowed funds pursuant to
3908	this chapter that have not been claimed for a period of 5 years
3909	after the date of deposit shall make at least one reasonable
3910	attempt to deliver such unclaimed funds to the purchaser who
3911	submitted such funds to escrow. In making such attempt, an
3912	escrow agent is entitled to rely on a purchaser's last known
3913	address as set forth in the books and records of the escrow
3914	agent and is not required to conduct any further search for the
3915	purchaser. If an escrow agent's attempt to deliver unclaimed
3916	funds to any purchaser is unsuccessful, the escrow agent may
3917	deliver such unclaimed funds to the division and the division
3918	shall deposit such unclaimed funds in the Division of Florida
3919	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3920	Fund, 30 days after giving notice in a publication of general
3921	circulation in the county in which the timeshare property
3922	containing the purchaser's timeshare interest is located. The
3923	purchaser may claim the same at any time prior to the delivery
3924	of such funds to the division. After delivery of such funds to
3925	the division, the purchaser shall have no more rights to the
3926	unclaimed funds. The escrow agent shall not be liable for any
3927	claims from any party arising out of the escrow agent's delivery
3928	of the unclaimed funds to the division pursuant to this section.
3929	Section 68.  Section 721.26, Florida Statutes, is amended
3930	to read:
3931	721.26  Regulation by division.--The division has the power
3932	to enforce and ensure compliance with the provisions of this
3933	chapter, except for parts III and IV, using the powers provided
3934	in this chapter, as well as the powers prescribed in chapters
3935	498, 718, and 719. In performing its duties, the division shall
3936	have the following powers and duties:
3937	(1)  To aid in the enforcement of this chapter, or any
3938	division rule adopted or order promulgated or issued pursuant to
3939	this chapter, the division may make necessary public or private
3940	investigations within or outside this state to determine whether
3941	any person has violated or is about to violate this chapter, or
3942	any division rule adopted or order promulgated or issued
3943	pursuant to this chapter.
3944	(2)  The division may require or permit any person to file
3945	a written statement under oath or otherwise, as the division
3946	determines, as to the facts and circumstances concerning a
3947	matter under investigation.
3948	(3)  For the purpose of any investigation under this
3949	chapter, the director of the division or any officer or employee
3950	designated by the director may administer oaths or affirmations,
3951	subpoena witnesses and compel their attendance, take evidence,
3952	and require the production of any matter which is relevant to
3953	the investigation, including the identity, existence,
3954	description, nature, custody, condition, and location of any
3955	books, documents, or other tangible things and the identity and
3956	location of persons having knowledge of relevant facts or any
3957	other matter reasonably calculated to lead to the discovery of
3958	material evidence. Failure to obey a subpoena or to answer
3959	questions propounded by the investigating officer and upon
3960	reasonable notice to all persons affected thereby shall be a
3961	violation of this chapter. In addition to the other enforcement
3962	powers authorized in this subsection, the division may, at its
3963	discretion, apply to the circuit court for an order compelling
3964	compliance.
3965	(4)  The division may prepare and disseminate a prospectus
3966	and other information to assist prospective purchasers, sellers,
3967	and managing entities of timeshare plans in assessing the
3968	rights, privileges, and duties pertaining thereto.
3969	(5)  Notwithstanding any remedies available to purchasers,
3970	if the division has reasonable cause to believe that a violation
3971	of this chapter, or of any division rule adopted or order
3972	promulgated or issued pursuant to this chapter, has occurred,
3973	the division may institute enforcement proceedings in its own
3974	name against any regulated party, as such term is defined in
3975	this subsection:
3976	(a)1.  "Regulated party," for purposes of this section,
3977	means any developer, exchange company, seller, managing entity,
3978	owners' association, owners' association director, owners'
3979	association officer, manager, management firm, escrow agent,
3980	trustee, any respective assignees or agents, or any other person
3981	having duties or obligations pursuant to this chapter.
3982	2.  Any person who materially participates in any offer or
3983	disposition of any interest in, or the management or operation
3984	of, a timeshare plan in violation of this chapter or relevant
3985	rules involving fraud, deception, false pretenses,
3986	misrepresentation, or false advertising or the disbursement,
3987	concealment, or diversion of any funds or assets, which conduct
3988	adversely affects the interests of a purchaser, and which person
3989	directly or indirectly controls a regulated party or is a
3990	general partner, officer, director, agent, or employee of such
3991	regulated party, shall be jointly and severally liable under
3992	this subsection with such regulated party, unless such person
3993	did not know, and in the exercise of reasonable care could not
3994	have known, of the existence of the facts giving rise to the
3995	violation of this chapter. A right of contribution shall exist
3996	among jointly and severally liable persons pursuant to this
3997	paragraph.
3998	(b)  The division may permit any person whose conduct or
3999	actions may be under investigation to waive formal proceedings
4000	and enter into a consent proceeding whereby an order, rule, or
4001	letter of censure or warning, whether formal or informal, may be
4002	entered against that person.
4003	(c)  The division may issue an order requiring a regulated
4004	party to cease and desist from an unlawful practice under this
4005	chapter and take such affirmative action as in the judgment of
4006	the division will carry out the purposes of this chapter.
4007	(d)1.  The division may bring an action in circuit court
4008	for declaratory or injunctive relief or for other appropriate
4009	relief, including restitution.
4010	2.  The division shall have broad authority and discretion
4011	to petition the circuit court to appoint a receiver with respect
4012	to any managing entity which fails to perform its duties and
4013	obligations under this chapter with respect to the operation of
4014	a timeshare plan. The circumstances giving rise to an
4015	appropriate petition for receivership under this subparagraph
4016	include, but are not limited to:
4017	a.  Damage to or destruction of any of the accommodations
4018	or facilities of a timeshare plan, where the managing entity has
4019	failed to repair or reconstruct same.
4020	b.  A breach of fiduciary duty by the managing entity,
4021	including, but not limited to, undisclosed self-dealing or
4022	failure to timely assess, collect, or disburse the common
4023	expenses of the timeshare plan.
4024	c.  Failure of the managing entity to operate the timeshare
4025	plan in accordance with the timeshare instrument and this
4026	chapter.
4027
4028	If, under the circumstances, it appears that the events giving
4029	rise to the petition for receivership cannot be reasonably and
4030	timely corrected in a cost-effective manner consistent with the
4031	timeshare instrument, the receiver may petition the circuit
4032	court to implement such amendments or revisions to the timeshare
4033	instrument as may be necessary to enable the managing entity to
4034	resume effective operation of the timeshare plan, or to enter an
4035	order terminating the timeshare plan, or to enter such further
4036	orders regarding the disposition of the timeshare property as
4037	the court deems appropriate, including the disposition and sale
4038	of the timeshare property held by the owners' association or the
4039	purchasers. In the event of a receiver's sale, all rights,
4040	title, and interest held by the owners' association or any
4041	purchaser shall be extinguished and title shall vest in the
4042	buyer. This provision applies to timeshare estates, personal
4043	property timeshare interests, and timeshare licenses. All
4044	reasonable costs and fees of the receiver relating to the
4045	receivership shall become common expenses of the timeshare plan
4046	upon order of the court.
4047	3.  The division may revoke its approval of any filing for
4048	any timeshare plan for which a petition for receivership has
4049	been filed pursuant to this paragraph.
4050	(e)1.  The division may impose a penalty against any
4051	regulated party for a violation of this chapter or any rule
4052	adopted thereunder. A penalty may be imposed on the basis of
4053	each day of continuing violation, but in no event may the
4054	penalty for any offense exceed $10,000. All accounts collected
4055	shall be deposited with the Chief Financial Officer to the
4056	credit of the Division of Florida Land Sales, Condominiums,
4057	Timeshares, and Mobile Homes Trust Fund.
4058	2.a.  If a regulated party fails to pay a penalty, the
4059	division shall thereupon issue an order directing that such
4060	regulated party cease and desist from further operation until
4061	such time as the penalty is paid; or the division may pursue
4062	enforcement of the penalty in a court of competent jurisdiction.
4063	b.  If an owners' association or managing entity fails to
4064	pay a civil penalty, the division may pursue enforcement in a
4065	court of competent jurisdiction.
4066	(f)  In order to permit the regulated party an opportunity
4067	either to appeal such decision administratively or to seek
4068	relief in a court of competent jurisdiction, the order imposing
4069	the penalty or the cease and desist order shall not become
4070	effective until 20 days after the date of such order.
4071	(g)  Any action commenced by the division shall be brought
4072	in the county in which the division has its executive offices or
4073	in the county where the violation occurred.
4074	(h)  Notice to any regulated party shall be complete when
4075	delivered by United States mail, return receipt requested, to
4076	the party's address currently on file with the division or to
4077	such other address at which the division is able to locate the
4078	party. Every regulated party has an affirmative duty to notify
4079	the division of any change of address at least 5 business days
4080	prior to such change.
4081	(6)  The division has authority to adopt rules pursuant to
4082	ss. 120.536(1) and 120.54 to implement and enforce the
4083	provisions of this chapter.
4084	(7)(a)  The use of any unfair or deceptive act or practice
4085	by any person in connection with the sales or other operations
4086	of an exchange program or timeshare plan is a violation of this
4087	chapter.
4088	(b)  Any violation of the Florida Deceptive and Unfair
4089	Trade Practices Act, ss. 501.201 et seq., relating to the
4090	creation, promotion, sale, operation, or management of any
4091	timeshare plan shall also be a violation of this chapter.
4092	(c)  The division may is authorized to institute
4093	proceedings against any such person and take any appropriate
4094	action authorized in this section in connection therewith,
4095	notwithstanding any remedies available to purchasers.
4096	(8)  The failure of any person to comply with any order of
4097	the division is a violation of this chapter.
4098	Section 69.  Section 721.28, Florida Statutes, is amended
4099	to read:
4100	721.28  Division of Florida Land Sales, Condominiums,
4101	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
4102	the division and any amounts paid as fees or penalties under
4103	this chapter shall be deposited in the State Treasury to the
4104	credit of the Division of Florida Land Sales, Condominiums,
4105	Timeshares, and Mobile Homes Trust Fund created by s. 718.509
4106	498.019.
4107	Section 70.  Paragraph (c) of subsection (1) of section
4108	721.301, Florida Statutes, is amended to read:
4109	721.301  Florida Timesharing, Vacation Club, and
4110	Hospitality Program.--
4111	(1)
4112	(c)  The director may designate funds from the Division of
4113	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
4114	Trust Fund, not to exceed $50,000 annually, to support the
4115	projects and proposals undertaken pursuant to paragraph (b). All
4116	state trust funds to be expended pursuant to this section must
4117	be matched equally with private moneys and shall comprise no
4118	more than half of the total moneys expended annually.
4119	Section 71.  Section 721.50, Florida Statutes, is amended
4120	to read:
4121	721.50  Short title.--This part may be cited as the
4122	"McAllister Act" in recognition and appreciation for the years
4123	of extraordinary and insightful contributions by Mr. Bryan C.
4124	McAllister, Examinations Supervisor of the former, Division of
4125	Florida Land Sales, Condominiums, and Mobile Homes.
4126	Section 72.  Subsection (1) of section 723.003, Florida
4127	Statutes, is amended to read:
4128	723.003  Definitions.--As used in this chapter, the
4129	following words and terms have the following meanings unless
4130	clearly indicated otherwise:
4131	(1)  The term "division" means the Division of Florida Land
4132	Sales, Condominiums, Timeshares, and Mobile Homes of the
4133	Department of Business and Professional Regulation.
4134	Section 73.  Paragraph (e) of subsection (5) of section
4135	723.006, Florida Statutes, is amended to read:
4136	723.006  Powers and duties of division.--In performing its
4137	duties, the division has the following powers and duties:
4138	(5)  Notwithstanding any remedies available to mobile home
4139	owners, mobile home park owners, and homeowners' associations,
4140	if the division has reasonable cause to believe that a violation
4141	of any provision of this chapter or related any rule promulgated
4142	pursuant hereto has occurred, the division may institute
4143	enforcement proceedings in its own name against a developer,
4144	mobile home park owner, or homeowners' association, or its
4145	assignee or agent, as follows:
4146	(e)1.  The division may impose a civil penalty against a
4147	mobile home park owner or homeowners' association, or its
4148	assignee or agent, for any violation of this chapter, a properly
4149	adopted promulgated park rule or regulation, or a rule adopted
4150	or regulation promulgated pursuant hereto. A penalty may be
4151	imposed on the basis of each separate violation and, if the
4152	violation is a continuing one, for each day of continuing
4153	violation, but in no event may the penalty for each separate
4154	violation or for each day of continuing violation exceed $5,000.
4155	All amounts collected shall be deposited with the Chief
4156	Financial Officer to the credit of the Division of Florida Land
4157	Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund.
4158	2.  If a violator fails to pay the civil penalty, the
4159	division shall thereupon issue an order directing that such
4160	violator cease and desist from further violation until such time
4161	as the civil penalty is paid or may pursue enforcement of the
4162	penalty in a court of competent jurisdiction. If a homeowners'
4163	association fails to pay the civil penalty, the division shall
4164	thereupon pursue enforcement in a court of competent
4165	jurisdiction, and the order imposing the civil penalty or the
4166	cease and desist order shall not become effective until 20 days
4167	after the date of such order. Any action commenced by the
4168	division shall be brought in the county in which the division
4169	has its executive offices or in which the violation occurred.
4170	Section 74.  Section 723.009, Florida Statutes, is amended
4171	to read:
4172	723.009  Division of Florida Land Sales, Condominiums,
4173	Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
4174	fees, penalties, and fines imposed pursuant to this chapter
4175	shall be deposited into the Division of Florida Land Sales,
4176	Condominiums, Timeshares, and Mobile Homes Trust Fund created by
4177	s. 718.509 498.019. Moneys in this fund, as appropriated by the
4178	Legislature pursuant to chapter 216, may be used to defray the
4179	expenses incurred by the division in administering the
4180	provisions of this chapter.
4181	Section 75.  Paragraph (c) of subsection (2) of section
4182	723.0611, Florida Statutes, is amended to read:
4183	723.0611  Florida Mobile Home Relocation Corporation.--
4184	(2)
4185	(c)  The corporation shall, for purposes of s. 768.28, be
4186	considered an agency of the state. Agents or employees of the
4187	corporation, members of the board of directors of the
4188	corporation, or representatives of the Division of Florida Land
4189	Sales, Condominiums, Timeshares, and Mobile Homes shall be
4190	considered officers, employees, or agents of the state, and
4191	actions against them and the corporation shall be governed by s.
4192	768.28.
4193	Section 76.  Except as otherwise expressly provided in this
4194	act, this act shall take effect July 1, 2008.

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