HB 7101

1
A bill to be entitled
2An act relating to the Department of Business and
3Professional Regulation; amending s. 718.501, F.S.;
4adjusting the annual fee paid to the Division of Florida
5Land Sales, Condominiums, and Mobile Homes by certain
6condominium associations; providing for repeal; amending
7s. 721.27, F.S.; adjusting the annual fee paid to the
8division by managing entities of timeshare plans;
9providing for repeal; amending s. 455.2281, F.S.;
10providing an unlicensed activity fee waiver for specified
11entities and licensees; providing for repeal; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (2) of section 718.501, Florida
17Statutes, is amended to read:
18     718.501  Powers and duties of Division of Florida Land
19Sales, Condominiums, and Mobile Homes.--
20     (2)(a)1.  Effective January 1, 1992, each condominium
21association which operates more than two units shall pay to the
22division an annual fee in the amount of $4 for each residential
23unit in condominiums operated by the association. If the fee is
24not paid by March 1, then the association shall be assessed a
25penalty of 10 percent of the amount due, and the association
26will not have standing to maintain or defend any action in the
27courts of this state until the amount due, plus any penalty, is
28paid.
29     2.  Notwithstanding subparagraph 1., on each succeeding
30January 1 until expiration of this subparagraph, the amount due
31under subparagraph 1. is reduced to $2 for each residential unit
32in condominiums operated by the association. This subparagraph
33expires July 1, 2009, unless reenacted by the Legislature prior
34to that date.
35     (b)  All fees shall be deposited in the Division of Florida
36Land Sales, Condominiums, and Mobile Homes Trust Fund as
37provided by law.
38     Section 2.  Section 721.27, Florida Statutes, is amended to
39read:
40     721.27  Annual fee for each timeshare unit in plan.--
41     (1)  On January 1 of each year, each managing entity of a
42timeshare plan located in this state shall collect as a common
43expense and pay to the division an annual fee of $2 for each 7
44days of annual use availability that exist within the timeshare
45plan at that time, subject to any limitations on the amount of
46such annual fee pursuant to s. 721.58. If any portion of the
47annual fee is not paid by March 1, the managing entity may be
48assessed a penalty pursuant to s. 721.26.
49     (2)  Notwithstanding subsection (1), on January 1, 2009,
50and on each succeeding January 1 until expiration of this
51subsection, the annual fee due for each 7 days of annual use
52availability under subsection (1) is reduced to $1. This
53subsection expires July 1, 2009, unless reenacted by the
54Legislature prior to that date.
55     Section 3.  Section 455.2281, Florida Statutes, is amended
56to read:
57     455.2281  Unlicensed activities; fees; disposition.--
58     (1)  In order to protect the public and to ensure a
59consumer-oriented department, it is the intent of the
60Legislature that vigorous enforcement of regulation for all
61professional activities is a state priority. All enforcement
62costs should be covered by professions regulated by the
63department. Therefore, the department shall impose, upon initial
64licensure and each renewal thereof, a special fee of $5 per
65licensee. Such fee shall be in addition to all other fees
66collected from each licensee and shall fund efforts to combat
67unlicensed activity. Any profession regulated by the department
68which offers services that are not subject to regulation when
69provided by an unlicensed person may use funds in its unlicensed
70activity account to inform the public of such situation. The
71board with concurrence of the department, or the department when
72there is no board, may earmark $5 of the current licensure fee
73for this purpose, if such board, or profession regulated by the
74department, is not in a deficit and has a reasonable cash
75balance. A board or profession regulated by the department may
76authorize the transfer of funds from the operating fund account
77to the unlicensed activity account of that profession if the
78operating fund account is not in a deficit and has a reasonable
79cash balance. The department shall make direct charges to this
80fund by profession and shall not allocate indirect overhead. The
81department shall seek board advice regarding enforcement methods
82and strategies prior to expenditure of funds; however, the
83department may, without board advice, allocate funds to cover
84the costs of continuing education compliance monitoring under s.
85455.2177. The department shall directly credit, by profession,
86revenues received from the department's efforts to enforce
87licensure provisions. The department shall include all financial
88and statistical data resulting from unlicensed activity
89enforcement and from continuing education compliance monitoring
90as separate categories in the quarterly management report
91provided for in s. 455.219. The department shall not charge the
92account of any profession for the costs incurred on behalf of
93any other profession. For an unlicensed activity account, a
94balance which remains at the end of a renewal cycle may, with
95concurrence of the applicable board and the department, be
96transferred to the operating fund account of that profession.
97     (2)  For fiscal year 2008-2009 only, the following entities
98and licensees, as determined by the department based on cash
99balances and renewal schedules, are exempt from paying the
100unlicensed activity fee imposed under subsection (1):
101     (a)  Board of Architecture and Interior Design;
102     (b)  Florida Board of Auctioneers;
103     (c)  Board of Landscape Architecture;
104     (d)  Board of Pilot Commissioners;
105     (e)  Board of Professional Surveyors and Mappers;
106     (f)  Board of Employee Leasing Companies;
107     (g)  Florida Real Estate Appraisal Board;
108     (h)  Florida Real Estate Commission;
109     (i)  Asbestos Unit;
110     (j)  Athlete agents; and
111     (k)  Community association managers.
112
113This subsection expires July 1, 2009, unless reenacted by the
114Legislature prior to that date.
115     Section 4.  This act shall take effect July 1, 2008.


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