Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 782
Ì504454'Î504454
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/26/2023 .
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The Committee on Fiscal Policy (Hooper) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 169 and 170
4 insert:
5 Section 8. Paragraph (e) of subsection (7) of section
6 553.73, Florida Statutes, is amended to read:
7 553.73 Florida Building Code.—
8 (7)
9 (e) A rule updating the Florida Building Code in accordance
10 with this subsection shall take effect no sooner than 6 months
11 after publication of the updated code. Any amendment to the
12 Florida Building Code which is adopted upon a finding by the
13 commission that the amendment is necessary to protect the public
14 from immediate threat of harm takes effect immediately. If
15 energy code compliance software is not approved by the
16 commission at least 3 months before the effective date of the
17 updated Florida Building Code, the commission may delay the
18 effective date of the energy provisions of the Florida Building
19 Code for up to 3 additional months.
20 Section 9. Subsection (1) of section 565.04, Florida
21 Statutes, is amended to read:
22 565.04 Package store restrictions.—
23 (1) Vendors licensed under s. 565.02(1)(a) shall not in
24 said place of business sell, offer, or expose for sale any
25 merchandise other than such beverages, and such places of
26 business shall be devoted exclusively to such sales; provided,
27 however, that such vendors shall be permitted to sell bitters,
28 grenadine, nonalcoholic mixer-type beverages (not to include
29 fruit juices produced outside this state), fruit juices produced
30 in this state, home bar, and party supplies and equipment
31 (including but not limited to glassware and party-type foods),
32 miniatures of no alcoholic content, nicotine products, and
33 tobacco products. Such places of business shall have no openings
34 permitting direct access to any other building or room, except
35 to a private office or storage room of the place of business
36 from which patrons are excluded.
37 Section 10. Section 721.075, Florida Statutes, is amended
38 to read:
39 721.075 Incidental benefits.—Incidental benefits shall be
40 offered only as provided in this section.
41 (1) Accommodations, facilities, products, services,
42 discounts, or other benefits which satisfy the requirements of
43 this subsection are shall be subject to the provisions of this
44 section and exempt from the other provisions of this chapter
45 which would otherwise apply to such accommodations or facilities
46 if and only if:
47 (a) The use of or participation in the incidental benefit
48 by the prospective purchaser is completely voluntary, and
49 payment of any fee or other cost associated with the incidental
50 benefit is required only upon such use or participation.
51 (b) The No costs of acquisition, operation, maintenance, or
52 repair of the incidental benefit may not be are passed on to
53 purchasers of the timeshare plan as common expenses of the
54 timeshare plan or as common expenses of a component site of a
55 multisite timeshare plan.
56 (c) The continued availability of the incidental benefit is
57 not necessary in order for any accommodation or facility of the
58 timeshare plan to be available for use by purchasers of the
59 timeshare plan in a manner consistent in all material respects
60 with the manner portrayed by any promotional material,
61 advertising, or purchaser public offering statement.
62 (d) The continued availability to purchasers of timeshare
63 plan accommodations on no greater than a one-to-one use right to
64 use night requirement ratio is not dependent upon continued
65 availability of the incidental benefit.
66 (e) The incidental benefit will continue to be available in
67 the manner represented to prospective purchasers for up to 3
68 years or less after the first date that the timeshare plan is
69 available for use by the purchaser. Nothing herein prevents
70 shall prevent the renewal or extension of the availability of an
71 incidental benefit.
72 (f) The aggregate represented value of all incidental
73 benefits offered by a developer to a purchaser may not exceed 15
74 percent of the purchase price paid by the purchaser for his or
75 her timeshare interest.
76 (g) The incidental benefit is filed with the division for
77 review in conjunction with the filing of a timeshare plan or in
78 connection with a previously filed timeshare plan.
79 (2) Each purchaser shall execute a separate acknowledgment
80 and disclosure statement with respect to all incidental
81 benefits, which statement must shall include the following
82 information:
83 (a) A fair description of the incidental benefit,
84 including, but not limited to, any user fees or costs associated
85 therewith and any restrictions upon use or availability.
86 (b) A statement that use of or participation in the
87 incidental benefit by the prospective purchaser is completely
88 voluntary, and that payment of any fee or other cost associated
89 with the incidental benefit is required only upon such use or
90 participation.
91 (c) A statement that the incidental benefit is not
92 assignable or otherwise transferable by the prospective
93 purchaser or purchaser without the approval of the provider of
94 the incidental benefit.
95 (d) The following disclosure in conspicuous type
96 immediately above the space for the purchaser’s signature:
97
98 The incidental benefit[s] described in this statement is
99 [are] offered to prospective purchasers of the timeshare plan
100 [or other permitted reference under pursuant to s.
101 721.11(5)(a)]. This [These] benefit[s] is [are] available for
102 your use for [some period up to 3 years or less] after the first
103 date that the timeshare plan is available for your use. The
104 availability of the incidental benefit[s] may or may not be
105 renewed or extended. You should not purchase an interest in the
106 timeshare plan in reliance upon the continued availability or
107 renewal or extension of this [these] benefit[s].
108 (e) A statement indicating the source of the services,
109 points, or other products that constitute the incidental
110 benefit.
111
112 The acknowledgment and disclosure statement for any incidental
113 benefit shall be filed with the division before prior to use.
114 Each purchaser must shall receive a copy of his or her executed
115 acknowledgment and disclosure statement as a document required
116 to be provided to him or her under pursuant to s. 721.10(1)(b).
117 (3)(a) In the event that an incidental benefit becomes
118 unavailable to purchasers in the manner represented by the
119 developer in the acknowledgment and disclosure statement, the
120 developer shall pay the purchaser the greater of twice the
121 verifiable retail value or twice the represented value of the
122 unavailable incidental benefit in cash within 30 days after of
123 the date that the unavailability of the incidental benefit was
124 made known to the developer, unless the developer has reserved a
125 substitution right under pursuant to paragraph (b) and timely
126 makes the substitution as required by paragraph (b). The
127 developer shall promptly notify the division upon learning of
128 the unavailability of any incidental benefit.
129 (b) If an incidental benefit becomes unavailable as a
130 result of events beyond the control of the developer, the
131 developer may reserve the right to substitute a replacement
132 incidental benefit of a type, quality, value, and term
133 reasonably similar to the unavailable incidental benefit. If the
134 developer reserves the right to substitute, the acknowledgment
135 and disclosure statement required under pursuant to paragraph
136 (2)(a) must shall contain the following conspicuous disclosure:
137
138 In the event any incidental benefit described in this
139 statement becomes unavailable as a result of events beyond the
140 control of the developer, the developer reserves the right to
141 substitute a replacement incidental benefit of a type, quality,
142 value, and term reasonably similar to the unavailable incidental
143 benefit.
144
145 The substituted incidental benefit must shall be made available
146 delivered to the purchaser within 30 days after the date that
147 the unavailability of the incidental benefit was made known to
148 the developer.
149 (4) All purchaser remedies under pursuant to s. 721.21 are
150 shall be available for any violation of the provisions of this
151 section.
152 Section 11. Present subsections (2) and (3) of section
153 721.10, Florida Statutes, are redesignated as subsections (3)
154 and (4), respectively, a new subsection (2) is added to that
155 section, and subsection (1) of that section is amended, to read:
156 721.10 Cancellation.—
157 (1) A purchaser has the right to cancel the contract until
158 midnight on of the 10th calendar day after the later of
159 following whichever of the following days occurs later:
160 (a) The execution date of the contract; or
161 (b) The day on which the purchaser received the last of all
162 documents required to be provided to him or her, including the
163 notice required by s. 721.07(2)(d)2., if applicable.
164 (2) This right of cancellation may not be waived by any
165 purchaser or by any other person on behalf of the purchaser, and
166 any attempt to obtain a waiver of the cancellation right of the
167 purchaser is unlawful. If a purchaser waives, knowingly or
168 unknowingly, his or her right of cancellation and a closing
169 occurs, such closing is voidable at the option of the purchaser
170 for up to 1 year after the date that would have been the
171 expiration of the cancellation period under subsection (1).
172 Furthermore, a no closing may not occur until the cancellation
173 period of the timeshare purchaser has expired, and if a closing
174 occurs before the expiration of the cancellation period,. Any
175 attempt to obtain a waiver of the cancellation right of the
176 timeshare purchaser, or to hold a closing prior to the
177 expiration of the cancellation period, is unlawful and such
178 closing is voidable at the option of the purchaser for up to 5
179 years after such closing a period of 1 year after the expiration
180 of the cancellation period. However, nothing in this section
181 precludes the execution of documents in advance of closing for
182 delivery after expiration of the cancellation period.
183 Section 12. Paragraphs (b) and (e) of subsection (6) of
184 section 721.11, Florida Statutes, are amended to read:
185 721.11 Advertising materials; oral statements.—
186 (6) Failure to provide cancellation rights or disclosures
187 as required by this subsection in connection with the sale of a
188 regulated short-term product constitutes misrepresentation in
189 accordance with paragraph (4)(a). Any agreement relating to the
190 sale of a regulated short-term product must be regulated as
191 advertising material and is subject to the following:
192 (b) A purchaser of a regulated short-term product has the
193 right to cancel the agreement until midnight of the 10th
194 calendar day following the execution date of the agreement. The
195 right of cancellation may not be waived by the prospective
196 purchaser or by any other person on behalf of the prospective
197 purchaser. Notice of cancellation must be given in the same
198 manner prescribed for giving notice of cancellation under s.
199 721.10(3) s. 721.10(2). If the prospective purchaser gives a
200 valid notice of cancellation or is otherwise entitled to cancel
201 the sale, the funds or other property received from or on behalf
202 of the prospective purchaser, or the proceeds thereof, must be
203 returned to the prospective purchaser. Such refund must be made
204 in the same manner prescribed for refunds under s. 721.10.
205 (e) If the seller provides the purchaser with the right to
206 cancel the purchase of a regulated short-term product at any
207 time up to 7 days prior to the purchaser’s reserved use of the
208 accommodations, but in no event less than 10 days, and if the
209 seller refunds the total amount of all payments made by the
210 purchaser reduced by the proportion of any benefits the
211 purchaser has actually received prior to the effective date of
212 the cancellation, the specific value of which has been agreed to
213 between the purchaser and the seller, the short-term product
214 offer shall be exempt from the requirements of paragraphs (b),
215 (c), and (d). An agreement relating to the sale of the regulated
216 short-term product made pursuant to this paragraph must contain
217 a statement setting forth the cancellation and refund rights of
218 the prospective purchaser in a manner that is consistent with
219 this section and s. 721.10, including a description of the
220 length of the cancellation right, a statement that the
221 purchaser’s intent to cancel must be in writing and sent to the
222 seller at a specified address, a statement that the notice of
223 cancellation is effective upon the date sent, and a statement
224 that any attempt to waive the cancellation right is unlawful.
225 The right of cancellation provided to the purchaser pursuant to
226 this paragraph may not be waived by the prospective purchaser or
227 by any other person on behalf of the prospective purchaser.
228 Notice of cancellation must be given in the same manner
229 prescribed for giving notice of cancellation pursuant to s.
230 721.10(3) s. 721.10(2). If the prospective purchaser gives a
231 valid notice of cancellation, or is otherwise entitled to cancel
232 the sale, the funds or other property received from or on behalf
233 of the prospective purchaser, or the proceeds thereof, shall be
234 returned to the prospective purchaser. Such refund shall be made
235 in the manner prescribed for refunds under s. 721.10.
236 Section 13. Paragraph (l) of subsection (4) and paragraph
237 (l) of subsection (7) of section 721.55, Florida Statutes, are
238 amended to read:
239 721.55 Multisite timeshare plan public offering statement.
240 Each filed public offering statement for a multisite timeshare
241 plan shall contain the information required by this section and
242 shall comply with the provisions of s. 721.07, except as
243 otherwise provided therein. The division is authorized to
244 provide by rule the method by which a developer must provide
245 such information to the division. Each multisite timeshare plan
246 filed public offering statement shall contain the following
247 information and disclosures:
248 (4) A text, which shall include, where applicable, the
249 information and disclosures set forth in paragraphs (a)-(l).
250 (l) A description of each component site, which description
251 may be disclosed in a written, graphic, tabular, or other form
252 approved by the division or provided to the purchaser
253 electronically, including, but not limited to, through a website
254 or other Internet-based access. The description of each
255 component site must shall include all of the following
256 information:
257 1. The name and address of each component site.
258 2. The number of accommodations, timeshare interests, and
259 timeshare periods, expressed in periods of 7-day use
260 availability, committed to the multisite timeshare plan and
261 available for use by purchasers.
262 3. Each type of accommodation in terms of the number of
263 bedrooms, bathrooms, sleeping capacity, and whether or not the
264 accommodation contains a full kitchen. As used in For purposes
265 of this subparagraph description, the term “full kitchen” means
266 a full kitchen shall mean a kitchen with at least having a
267 minimum of a dishwasher, range, sink, oven, and refrigerator.
268 4. A description of facilities available for use by the
269 purchaser at each component site, including the following:
270 a. The intended use of the facility, if not apparent from
271 the description.
272 b. Any user fees associated with a purchaser’s use of the
273 facility.
274 5. A cross-reference to the location in the public offering
275 statement of the description of any priority reservation
276 features which may affect a purchaser’s ability to obtain a
277 reservation in the component site.
278 (7) The following documents shall be included as exhibits
279 to the filed public offering statement, if applicable:
280 (l)1. If the multisite timeshare plan contains any
281 component sites located in this state, the information required
282 by s. 721.07(5) pertaining to each such component site, unless
283 exempt under pursuant to s. 721.03.
284 2. If the purchaser will receive an interest in a specific
285 multisite timeshare plan component site located outside of this
286 state but which is offered in this state, the information
287 required by s. 721.07(5) pertaining to that component site.,
288 provided, However, for purposes of this paragraph, that the
289 provisions of s. 721.07(5)(t) shall only requires require
290 disclosure of information related to the estimated budget for
291 the timeshare plan and purchaser’s expenses as required by the
292 jurisdiction in which the component site is located.
293
294 A developer is not required to file a separate public offering
295 statement for any component site located within or outside the
296 state in order to include the component site in the multisite
297 timeshare plan.
298
299 ================= T I T L E A M E N D M E N T ================
300 And the title is amended as follows:
301 Delete line 34
302 and insert:
303 difference in participant weights; amending s. 553.73,
304 F.S.; authorizing the Florida Building Commission to
305 delay the effective date of the energy provisions of
306 the Florida Building Code for a specified timeframe
307 under certain circumstances; amending s. 565.04, F.S.;
308 authorizing package stores to sell nicotine products;
309 amending s. 721.075, F.S.; revising requirements for
310 certain incidental benefits related to timeshare
311 plans; amending s. 721.10, F.S.; revising requirements
312 for certain contract cancellations; amending s.
313 721.11, F.S.; conforming cross-references; amending s.
314 721.55, F.S.; revising disclosure requirements for
315 multisite timeshare plan public offering statements;
316 providing that developers are not required to file
317 separate public offering statements for component
318 sites under certain circumstances; providing an