Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 154 Ì120426ÃÎ120426 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/22/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 1215 - 1301 4 and insert: 5 Section 13. Paragraph (b) of subsection (1) of section 6 719.503, Florida Statutes, is amended, paragraph (d) is added to 7 that subsection, and paragraph (d) is added to subsection (2) of 8 that section, to read: 9 719.503 Disclosure prior to sale.— 10 (1) DEVELOPER DISCLOSURE.— 11 (b) Copies of documents to be furnished to prospective 12 buyer or lessee.—Until such time as the developer has furnished 13 the documents listed below to a person who has entered into a 14 contract to purchase a unit or lease it for more than 5 years, 15 the contract may be voided by that person, entitling the person 16 to a refund of any deposit together with interest thereon as 17 provided in s. 719.202. The contract may be terminated by 18 written notice from the proposed buyer or lessee delivered to 19 the developer within 15 days after the buyer or lessee receives 20 all of the documents required by this section. The developer may 21 not close for 15 days after the execution of the agreement and 22 delivery of the documents to the buyer as evidenced by a receipt 23 for documents signed by the buyer unless the buyer is informed 24 in the 15-day voidability period and agrees to close before the 25 expiration of the 15 days. The developer shall retain in his or 26 her records a separate signed agreement as proof of the buyer’s 27 agreement to close before the expiration of the voidability 28 period. The developer must retain such proof for a period of 5 29 years after the date of the closing transaction. The documents 30 to be delivered to the prospective buyer are the prospectus or 31 disclosure statement with all exhibits, if the development is 32 subject to s. 719.504, or, if not, then copies of the following 33 which are applicable: 34 1. The question and answer sheet described in s. 719.504, 35 and cooperative documents, or the proposed cooperative documents 36 if the documents have not been recorded, which shall include the 37 certificate of a surveyor approximately representing the 38 locations required by s. 719.104. 39 2. The documents creating the association. 40 3. The bylaws. 41 4. The ground lease or other underlying lease of the 42 cooperative. 43 5. The management contract, maintenance contract, and other 44 contracts for management of the association and operation of the 45 cooperative and facilities used by the unit owners having a 46 service term in excess of 1 year, and any management contracts 47 that are renewable. 48 6. The estimated operating budget for the cooperative and a 49 schedule of expenses for each type of unit, including fees 50 assessed to a shareholder who has exclusive use of limited 51 common areas, where such costs are shared only by those entitled 52 to use such limited common areas. 53 7. The lease of recreational and other facilities that will 54 be used only by unit owners of the subject cooperative. 55 8. The lease of recreational and other common areas that 56 will be used by unit owners in common with unit owners of other 57 cooperatives. 58 9. The form of unit lease if the offer is of a leasehold. 59 10. Any declaration of servitude of properties serving the 60 cooperative but not owned by unit owners or leased to them or 61 the association. 62 11. If the development is to be built in phases or if the 63 association is to manage more than one cooperative, a 64 description of the plan of phase development or the arrangements 65 for the association to manage two or more cooperatives. 66 12. If the cooperative is a conversion of existing 67 improvements, the statements and disclosure required by s. 68 719.616. 69 13. The form of agreement for sale or lease of units. 70 14. A copy of the floor plan of the unit and the plot plan 71 showing the location of the residential buildings and the 72 recreation and other common areas. 73 15. A copy of all covenants and restrictions that will 74 affect the use of the property and are not contained in the 75 foregoing. 76 16. If the developer is required by state or local 77 authorities to obtain acceptance or approval of any dock or 78 marina facilities intended to serve the cooperative, a copy of 79 any such acceptance or approval acquired by the time of filing 80 with the division pursuant to s. 719.502(1) or a statement that 81 such acceptance or approval has not been acquired or received. 82 17. Evidence demonstrating that the developer has an 83 ownership, leasehold, or contractual interest in the land upon 84 which the cooperative is to be developed. 85 18. A copy of the inspector-prepared summary of the 86 milestone inspection report as described in ss. 553.899 and 87 719.301(4)(p), or a statement in conspicuous type indicating 88 that the association has not completed the milestone inspection 89 described in ss. 553.899 and 719.301(4)(p) or that the 90 association is not required to perform a milestone inspection, 91 asifapplicable. 92 19. A copy of the association’s most recent structural 93 integrity reserve study or a statement in conspicuous type 94 indicating that the association has not completed a structural 95 integrity reserve study or that the association is not required 96 to perform a structural integrity reserve study, as applicable. 97 (d) Milestone inspection or structural integrity reserve 98 study.—If the association is required to have completed a 99 milestone inspection as described in ss. 553.899 and 100 719.301(4)(p) or a structural integrity reserve study, and the 101 association has failed to complete the milestone inspection or 102 the structural integrity reserve study, each contract entered 103 into after December 31, 2024, for the sale of a residential unit 104 shall contain in conspicuous type a statement indicating that 105 the association is required to have a milestone inspection or a 106 structural integrity reserve study and has failed to complete 107 such inspection or study, as appropriate. If the association is 108 not required to have a milestone inspection as described in ss. 109 553.899 and 719.301(4)(p) or a structural integrity reserve 110 study, each contract entered into after December 31, 2024, for 111 the sale of a residential unit shall contain in conspicuous type 112 a statement indicating that the association is not required to 113 have a milestone inspection or a structural integrity reserve 114 study, as appropriate. If the association is required to have 115 completed a milestone inspection as described in ss. 553.899 and 116 719.301(4)(p) or a structural integrity reserve study, each 117 contract entered into after December 31, 2024, for the sale of a 118 residential unit shall contain in conspicuous type: 119 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 120 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR 121 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 122 IN SECTIONS 553.899 AND 719.301(4)(p), FLORIDA STATUTES; AND A 123 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY 124 RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND 125 719.106(1)(k), FLORIDA STATUTES, MORE THAN 15 DAYS, EXCLUDING 126 SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF 127 THIS CONTRACT; and 128 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 129 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO 130 CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 131 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 132 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR 133 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 134 IN SECTIONS 553.899 AND 719.301(4)(p), FLORIDA STATUTES; AND A 135 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY 136 RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND 137 719.106(1)(k), FLORIDA STATUTES. ANY PURPORTED WAIVER OF THESE 138 VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE 139 TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS, 140 EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE 141 BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED SUMMARY 142 OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN SECTIONS 143 553.899 AND 719.301(4)(p), FLORIDA STATUTES; AND A COPY OF THE 144 ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY RESERVE STUDY 145 DESCRIBED IN SECTIONS 719.103(24) AND 719.106(1)(k), FLORIDA 146 STATUTES, IF REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS 147 AGREEMENT SHALL TERMINATE AT CLOSING. 148 149 A contract that does not conform to the requirements of this 150 paragraph is voidable at the option of the purchaser prior to 151 closing. 152 (2) NONDEVELOPER DISCLOSURE.— 153 (d) If the association is required to have completed a 154 milestone inspection as described in ss. 553.899 and 155 719.301(4)(p) or a structural integrity reserve study, and the 156 association has failed to complete the milestone inspection or 157 the structural integrity reserve study, each contract entered 158 into after December 31, 2024, for the sale of a residential unit 159 shall contain in conspicuous type a statement indicating that 160 the association is required to have a milestone inspection or a 161 structural integrity reserve study and has failed to complete 162 such inspection or study, as appropriate. If the association is 163 not required to have a milestone inspection as described in ss. 164 553.899 and 719.301(4)(p) or a structural integrity reserve 165 study, each contract entered into after December 31, 2024, for 166 the sale of a residential unit shall contain in conspicuous type 167 a statement indicating that the association is not required to 168 have a milestone inspection or a structural integrity reserve 169 study, as appropriate. If the association is required to have 170 completed a milestone inspection as described in ss. 553.899 and 171 719.301(4)(p) or a structural integrity reserve study, each 172 contract entered into after December 31, 2024, for the resale of 173 a residential unit shall contain in conspicuous type: 174 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 175 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR 176 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 177 IN SECTIONS 553.899 AND 719.301(4)(p), FLORIDA STATUTES; AND A 178 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY 179 RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND 180 719.106(1)(k), FLORIDA STATUTES, MORE THAN 3 DAYS, EXCLUDING 181 SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF 182 THIS CONTRACT; and 183 184 ================= T I T L E A M E N D M E N T ================ 185 And the title is amended as follows: 186 Delete line 73 187 and insert: 188 by the act; amending s. 719.503, F.S.; revising the 189 types of documents developers are required to provide 190 to prospective buyers and lessees; requiring