| 1 | Representative Robaina offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (788877) (with title |
| 4 | amendment) |
| 5 | Between lines 1528 and 1529, insert: |
| 6 | Section 10. Section 720.314, Florida Statutes, is created |
| 7 | to read: |
| 8 | 720.314 Parcel owner informational complaint.-- |
| 9 | (1) Any parcel owner may file an informational complaint |
| 10 | to report alleged failures by the homeowners' association or |
| 11 | officers or directors of the association to comply with the |
| 12 | provisions of this chapter. The informational complaint shall be |
| 13 | in writing and signed by the complainant, and the accuracy of |
| 14 | the facts alleged shall be sworn to before a notary public. |
| 15 | Properly filed informational complaints shall be used for |
| 16 | analysis and recommendations to the Legislature for changes to |
| 17 | this chapter. |
| 18 | (2) The informational complaint shall be in the format |
| 19 | provided in subsection (3) and shall be filed with the Office of |
| 20 | Program Policy Analysis and Government Accountability. If the |
| 21 | form does not comply with the requirements provided in |
| 22 | subsection (3), it shall be returned to the complainant as not |
| 23 | in compliance with the requirements of this section and shall |
| 24 | not be considered by the Office of Program Policy Analysis and |
| 25 | Government Accountability for any purpose. |
| 26 | (3) The informational complaint shall be in substantially |
| 27 | the following form: |
| 28 |
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| 29 | PARCEL OWNER COMPLAINT |
| 30 |
|
| 31 | NAME OF COMPLAINANT: |
| 32 | ADDRESS OF COMPLAINANT: |
| 33 | NAME OF ASSOCIATION: |
| 34 | ADDRESS OF ASSOCIATION: |
| 35 | STATUTE NOT COMPLIED WITH: |
| 36 | NAME OF OFFICER: |
| 37 | NAME OF DIRECTOR: |
| 38 | FACTS SUPPORTING VIOLATION (50 words or less): |
| 39 | ________ |
| 40 | Signature of Complainant |
| 41 |
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| 42 | SWORN TO AND SUBSCRIBED TO THIS _____ DAY OF ______, 20__ |
| 43 | ________ |
| 44 | Notary Public |
| 45 | Section 11. The Office of Program Policy Analysis and |
| 46 | Government Accountability shall conduct a study to evaluate |
| 47 | whether the state should regulate homeowners' associations in a |
| 48 | manner similar to the regulation of condominiums and |
| 49 | cooperatives. The study's scope shall include, but need not be |
| 50 | limited to, estimating the number of homeowners' associations |
| 51 | and the number of homes that are members of a homeowners' |
| 52 | association. The office shall submit its report to the President |
| 53 | of the Senate and the Speaker of the House of Representatives by |
| 54 | January 1, 2010. |
| 55 |
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| 56 | ----------------------------------------------------- |
| 57 | T I T L E A M E N D M E N T |
| 58 | Remove line 65 and insert: |
| 59 | agreements and arbitration awards; creating s. 720.314, F.S.; |
| 60 | providing for parcel owners to file informational complaints |
| 61 | regarding homeowners' associations and their officers and |
| 62 | directors with the Office of Program Policy Analysis and |
| 63 | Government Accountability; providing for an informational |
| 64 | complaint form and the format of such form; requiring a study by |
| 65 | the Office of Program Policy Analysis and Government |
| 66 | Accountability for specified purposes; requiring a report to the |
| 67 | Legislature by a specified date; providing an effective |