Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1706
       
       
       
       
       
       
                                Ì697456OÎ697456                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/05/2024           .                                
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       The Committee on Regulated Industries (Yarborough) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (14) of section 718.103, Florida
    6  Statutes, is amended to read:
    7         718.103 Definitions.—As used in this chapter, the term:
    8         (14) “Condominium property” means the lands, leaseholds,
    9  improvements, any and personal property, and all easements and
   10  rights appurtenant thereto, regardless of whether contiguous,
   11  which that are subjected to condominium ownership, whether or
   12  not contiguous, and all improvements thereon and all easements
   13  and rights appurtenant thereto intended for use in connection
   14  with the condominium.
   15         Section 2. Subsections (1) and (3) of section 718.202,
   16  Florida Statutes, are amended to read:
   17         718.202 Sales or reservation deposits prior to closing.—
   18         (1) If a developer contracts to sell a condominium parcel
   19  and the construction, furnishing, and landscaping of the
   20  property submitted or proposed to be submitted to condominium
   21  ownership has not been substantially completed in accordance
   22  with the plans and specifications and representations made by
   23  the developer in the disclosures required by this chapter, the
   24  developer shall pay into an escrow account all payments up to 10
   25  percent of the sale price received by the developer from the
   26  buyer towards the sale price. The escrow agent shall give to the
   27  purchaser a receipt for the deposit, upon request. In lieu of
   28  the foregoing concerning residential condominiums, the division
   29  director has the discretion to accept other assurances,
   30  including, but not limited to, a surety bond or an irrevocable
   31  letter of credit in an amount equal to the escrow requirements
   32  of this section. With respect to nonresidential condominiums,
   33  the developer shall have the option of delivering to the escrow
   34  agent a surety bond or an irrevocable letter of credit in an
   35  amount equivalent to the aggregate of some or all of all
   36  payments up to 10 percent of the sale price received by the
   37  developer from all buyers towards the sale price, in all cases
   38  the aggregate of initial 10 percent deposits monies being
   39  released secured by a surety bond or irrevocable letter of
   40  credit in an equivalent amount. Default determinations and
   41  refund of deposits shall be governed by the escrow release
   42  provision of this subsection. Funds shall be released from
   43  escrow as follows:
   44         (a) If a buyer properly terminates the contract pursuant to
   45  its terms or pursuant to this chapter, the funds shall be paid
   46  to the buyer together with any interest earned.
   47         (b) If the buyer defaults in the performance of his or her
   48  obligations under the contract of purchase and sale, the funds
   49  shall be paid to the developer together with any interest
   50  earned.
   51         (c) If the contract does not provide for the payment of any
   52  interest earned on the escrowed funds, interest shall be paid to
   53  the developer at the closing of the transaction.
   54         (d) If the funds of a buyer have not been previously
   55  disbursed in accordance with the provisions of this subsection,
   56  they may be disbursed to the developer by the escrow agent at
   57  the closing of the transaction, unless prior to the disbursement
   58  the escrow agent receives from the buyer written notice of a
   59  dispute between the buyer and developer.
   60         (3) If the contract for sale of the condominium unit so
   61  provides, the developer may withdraw escrow funds in excess of
   62  10 percent of the purchase price from the special account
   63  required by subsection (2) when the construction of improvements
   64  has begun. He or she may use the funds for the actual costs
   65  incurred by the developer in the construction and development of
   66  the condominium property in which the unit to be sold is located
   67  or the easements and rights appurtenant thereto. For purposes of
   68  this subsection, the term “actual costs” includes, but is not
   69  limited to, expenditures for demolition, site clearing, permit
   70  fees, impact fees, and utility reservation fees, as well as
   71  architectural, engineering, and surveying fees that directly
   72  relate to construction and development of the condominium
   73  property or the easements and rights appurtenant thereto.
   74  However, no part of these funds may be used for salaries,
   75  commissions, or expenses of salespersons; for advertising,
   76  marketing, or promotional purposes; or for loan fees and costs,
   77  principal and interest on loans, attorney fees, accounting fees,
   78  or insurance costs. A contract that which permits use of the
   79  advance payments for these purposes must shall include the
   80  following legend conspicuously printed or stamped in boldfaced
   81  type on the first page of the contract and immediately above the
   82  place for the signature of the buyer: ANY PAYMENT IN EXCESS OF
   83  10 PERCENT OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO
   84  CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION
   85  PURPOSES BY THE DEVELOPER.
   86         Section 3. Section 718.407, Florida Statutes, is created to
   87  read:
   88         718.407Condominiums created within a portion of a building
   89  or within a multiple parcel building.—
   90         (1)Notwithstanding s. 718.103(12) or s. 718.108(1), a
   91  condominium may be created within a portion of a building or
   92  within a multiple parcel building, as defined in s. 193.0237(1),
   93  as provided in this section.
   94         (2)Notwithstanding s. 718.103(12) or s. 718.108(1), the
   95  common elements of a condominium created within a portion of a
   96  building or a multiple parcel building are only those portions
   97  of the building submitted to the condominium form of ownership,
   98  excluding the units of such condominium.
   99         (3)The declaration of condominium that creates a
  100  condominium within a portion of a building or within a multiple
  101  parcel building, the recorded instrument that creates the
  102  multiple parcel building, or any other recorded instrument
  103  applicable under this section must specify all of the following:
  104         (a)The portions of the building which are included in the
  105  condominium and the portions of the building which are excluded.
  106         (b)The party responsible for maintaining and operating
  107  those portions of the building which are shared facilities, and
  108  which may include, among other things, the roof, the exterior of
  109  the building, windows, balconies, elevators, the building lobby,
  110  corridors, recreational amenities, and utilities.
  111         (c)1.The manner in which the expenses for the maintenance
  112  and operation of the shared facilities will be apportioned. An
  113  owner of a portion of a building which is not submitted to
  114  condominium form of ownership, or the condominium association,
  115  as applicable to the portion of the building submitted to
  116  condominium form of ownership, must approve any increase in the
  117  apportionment of expenses to such portion of the building. The
  118  apportionment of the expenses for the maintenance and operation
  119  of the shared facilities may be based on any of the following
  120  criteria or any combination thereof:
  121         a.The area or volume of each portion of the building in
  122  relation to the total area or volume of the entire building,
  123  exclusive of the shared facilities.
  124         b.The initial estimated market value of each portion of
  125  the building in comparison to the total initial estimated market
  126  value of the entire building.
  127         c.The extent to which the owners are permitted to use
  128  various shared facilities.
  129         2.This paragraph does not preclude an alternative
  130  apportionment of expenses provided that the apportionment is
  131  stated in the declaration of condominium that creates a
  132  condominium within a portion of a building or within a multiple
  133  parcel building, the recorded instrument that creates the
  134  multiple parcel building, or any other recorded instrument
  135  applicable under this section.
  136         (d)The party responsible for collecting the shared
  137  expenses.
  138         (e)The rights and remedies that are available to enforce
  139  payment of the shared expenses.
  140         (4)The association of a condominium subject to this
  141  section has the right to inspect and copy the books and records
  142  upon which the costs for maintaining and operating the shared
  143  facilities are based and to receive an annual budget with
  144  respect to such costs.
  145         (5)Each contract for the sale of a unit in a condominium
  146  subject to this section must contain in conspicuous type a
  147  clause that substantially states:
  148  
  149         THE CONDOMINIUM IN WHICH YOUR UNIT IS LOCATED IS
  150         CREATED WITHIN A PORTION OF A BUILDING. THE COMMON
  151         ELEMENTS OF THE CONDOMINIUM CONSIST ONLY OF THE
  152         PORTIONS OF THE BUILDING SUBMITTED TO THE CONDOMINIUM
  153         FORM OF OWNERSHIP, EXCLUDING THE UNITS. THE
  154         CONDOMINIUM MAY HAVE MINIMAL COMMON ELEMENTS. PORTIONS
  155         OF THE BUILDING THAT ARE NOT INCLUDED IN THE
  156         CONDOMINIUM ARE GOVERNED BY A SEPARATE RECORDED
  157         INSTRUMENT THAT CONTAINS IMPORTANT PROVISIONS AND
  158         RIGHTS.
  159  
  160  A contract that does not conform to the requirements of
  161  this subsection is voidable at the option of the purchaser
  162  prior to closing.
  163         (6)The seller of a unit in a condominium subject to this
  164  section must provide a separate disclosure summary that must be
  165  signed by the purchaser. The disclosure summary must contain the
  166  following statements in conspicuous type:
  167  
  168                         DISCLOSURE SUMMARY                        
  169         THE CONDOMINIUM IN WHICH YOUR UNIT IS LOCATED IS
  170         CREATED WITHIN A PORTION OF A BUILDING OR WITHIN A
  171         MULTIPLE PARCEL BUILDING. PORTIONS OF THE BUILDING
  172         THAT ARE NOT INCLUDED IN THE CONDOMINIUM ARE (OR WILL
  173         BE) GOVERNED BY A SEPARATE RECORDED INSTRUMENT THAT
  174         CONTAINS IMPORTANT PROVISIONS AND RIGHTS. THE
  175         ASSOCIATION AND UNIT OWNERS MAY HAVE LIMITED OR NO
  176         CONTROL OVER THE MAINTENANCE, OPERATION, AND COSTS OF
  177         THE PORTIONS OF THE BUILDING THAT ARE NOT SUBMITTED TO
  178         THE CONDOMINIUM FORM OF OWNERSHIP, BUT ARE RESPONSIBLE
  179         FOR PAYMENT OF THEIR SHARE OF EXPENSES. SUCH
  180         INSTRUMENT IS OR WILL BE RECORDED IN THE PUBLIC
  181         RECORDS. THE ALLOCATION BETWEEN THE OWNERS OF THE
  182         COSTS TO MAINTAIN AND OPERATE THE BUILDING ARE SET
  183         FORTH IN THE DECLARATION OF CONDOMINIUM OR OTHER
  184         RECORDED INSTRUMENT. THE OWNER OF ANOTHER PORTION OF
  185         THE BUILDING CONTROLS THE MAINTENANCE AND OPERATION OF
  186         THE PORTIONS OF THE BUILDING THAT ARE NOT SUBMITTED TO
  187         THE CONDOMINIUM FORM OF OWNERSHIP AND DETERMINES THE
  188         BUDGET FOR SUCH OPERATION AND MAINTENANCE.
  189  
  190         (7)The creation of a multiple parcel building is not a
  191  subdivision of the land upon which such building is situated
  192  provided the land itself is not subdivided.
  193         Section 4. Paragraph (a) of subsection (2) and subsection
  194  (3) of section 718.503, Florida Statutes, are amended to read:
  195         718.503 Developer disclosure prior to sale; nondeveloper
  196  unit owner disclosure prior to sale; voidability.—
  197         (2) NONDEVELOPER DISCLOSURE.—
  198         (a) Each unit owner who is not a developer as defined by
  199  this chapter must comply with this subsection before the sale of
  200  his or her unit. Each prospective purchaser who has entered into
  201  a contract for the purchase of a condominium unit is entitled,
  202  at the seller’s expense, to a current copy of all of the
  203  following:
  204         1. The declaration of condominium.
  205         2. Articles of incorporation of the association.
  206         3. Bylaws and rules of the association.
  207         4. An annual financial statement and an annual budget of
  208  the condominium association Financial information required by s.
  209  718.111.
  210         5. A copy of the inspector-prepared summary of the
  211  milestone inspection report as described in s. 553.899, if
  212  applicable.
  213         6. The association’s most recent structural integrity
  214  reserve study or a statement that the association has not
  215  completed a structural integrity reserve study.
  216         7. A copy of the inspection report described in s.
  217  718.301(4)(p) and (q) for a turnover inspection performed on or
  218  after July 1, 2023.
  219         8. The document entitled “Frequently Asked Questions and
  220  Answers” required by s. 718.504.
  221         (3) OTHER DISCLOSURES DISCLOSURE.—
  222         (a) If residential condominium parcels are offered for sale
  223  or lease prior to completion of construction of the units and of
  224  improvements to the common elements, or prior to completion of
  225  remodeling of previously occupied buildings, the developer must
  226  shall make available to each prospective purchaser or lessee,
  227  for his or her inspection at a place convenient to the site, a
  228  copy of the complete plans and specifications for the
  229  construction or remodeling of the unit offered to him or her and
  230  of the improvements to the common elements appurtenant to the
  231  unit.
  232         (b) Sales brochures, if any, must shall be provided to each
  233  purchaser, and the following caveat in conspicuous type must
  234  shall be placed on the inside front cover or on the first page
  235  containing text material of the sales brochure, or otherwise
  236  conspicuously displayed: ORAL REPRESENTATIONS CANNOT BE RELIED
  237  UPON AS CORRECTLY STATING REPRESENTATIONS OF THE DEVELOPER. FOR
  238  CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO
  239  THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO
  240  BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE. If timeshare
  241  estates have been or may be created with respect to any unit in
  242  the condominium, the sales brochure must shall contain the
  243  following statement in conspicuous type: UNITS IN THIS
  244  CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES.
  245         (c)If a unit is located within a condominium that is
  246  created within a portion of a building or within a multiple
  247  parcel building, the developer or nondeveloper unit owner must
  248  provide the disclosures required by s. 718.407(5) and (6).
  249         Section 5. Section 718.504, Florida Statutes, is amended to
  250  read:
  251         718.504 Prospectus or offering circular.—Every developer of
  252  a residential condominium which contains more than 20
  253  residential units, or which is part of a group of residential
  254  condominiums which will be served by property to be used in
  255  common by unit owners of more than 20 residential units, shall
  256  prepare a prospectus or offering circular and file it with the
  257  Division of Florida Condominiums, Timeshares, and Mobile Homes
  258  prior to entering into an enforceable contract of purchase and
  259  sale of any unit or lease of a unit for more than 5 years and
  260  shall furnish a copy of the prospectus or offering circular to
  261  each buyer. In addition to the prospectus or offering circular,
  262  each buyer shall be furnished a separate page entitled
  263  “Frequently Asked Questions and Answers,” which shall be in
  264  accordance with a format approved by the division and a copy of
  265  the financial information required by s. 718.111. This page
  266  shall, in readable language, inform prospective purchasers
  267  regarding their voting rights and unit use restrictions,
  268  including restrictions on the leasing of a unit; shall indicate
  269  whether and in what amount the unit owners or the association is
  270  obligated to pay rent or land use fees for recreational or other
  271  commonly used facilities; shall contain a statement identifying
  272  that amount of assessment which, pursuant to the budget, would
  273  be levied upon each unit type, exclusive of any special
  274  assessments, and which shall further identify the basis upon
  275  which assessments are levied, whether monthly, quarterly, or
  276  otherwise; shall state and identify any court cases in which the
  277  association is currently a party of record in which the
  278  association may face liability in excess of $100,000; shall
  279  state whether the condominium is created within a portion of a
  280  building or a multiple parcel building; and which shall further
  281  state whether membership in a recreational facilities
  282  association is mandatory, and if so, shall identify the fees
  283  currently charged per unit type. The division shall by rule
  284  require such other disclosure as in its judgment will assist
  285  prospective purchasers. The prospectus or offering circular may
  286  include more than one condominium, although not all such units
  287  are being offered for sale as of the date of the prospectus or
  288  offering circular. The prospectus or offering circular must
  289  contain the following information:
  290         (1) The front cover or the first page must contain only:
  291         (a) The name of the condominium.
  292         (b) The following statements in conspicuous type:
  293  
  294         1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS
  295         IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A
  296         CONDOMINIUM UNIT.
  297         2. THE STATEMENTS CONTAINED HEREIN ARE ONLY
  298         SUMMARY IN NATURE. A PROSPECTIVE PURCHASER SHOULD
  299         REFER TO ALL REFERENCES, ALL EXHIBITS HERETO, THE
  300         CONTRACT DOCUMENTS, AND SALES MATERIALS.
  301         3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
  302         CORRECTLY STATING THE REPRESENTATIONS OF THE
  303         DEVELOPER. REFER TO THIS PROSPECTUS (OFFERING
  304         CIRCULAR) AND ITS EXHIBITS FOR CORRECT
  305         REPRESENTATIONS.
  306  
  307         (2) Summary: The next page must contain all statements
  308  required to be in conspicuous type in the prospectus or offering
  309  circular.
  310         (3) A separate index of the contents and exhibits of the
  311  prospectus.
  312         (4) Beginning on the first page of the text (not including
  313  the summary and index), a description of the condominium,
  314  including, but not limited to, the following information:
  315         (a) Its name and location.
  316         (b) A description of the condominium property, including,
  317  without limitation:
  318         1. The number of buildings, the number of units in each
  319  building, the number of bathrooms and bedrooms in each unit, and
  320  the total number of units, if the condominium is not a phase
  321  condominium, or the maximum number of buildings that may be
  322  contained within the condominium, the minimum and maximum
  323  numbers of units in each building, the minimum and maximum
  324  numbers of bathrooms and bedrooms that may be contained in each
  325  unit, and the maximum number of units that may be contained
  326  within the condominium, if the condominium is a phase
  327  condominium.
  328         2. The page in the condominium documents where a copy of
  329  the plot plan and survey of the condominium is located.
  330         3. The estimated latest date of completion of constructing,
  331  finishing, and equipping. In lieu of a date, the description
  332  shall include a statement that the estimated date of completion
  333  of the condominium is in the purchase agreement and a reference
  334  to the article or paragraph containing that information.
  335         (c) The maximum number of units that will use facilities in
  336  common with the condominium. If the maximum number of units will
  337  vary, a description of the basis for variation and the minimum
  338  amount of dollars per unit to be spent for additional
  339  recreational facilities or enlargement of such facilities. If
  340  the addition or enlargement of facilities will result in a
  341  material increase of a unit owner’s maintenance expense or
  342  rental expense, if any, the maximum increase and limitations
  343  thereon shall be stated.
  344         (5)(a) A statement in conspicuous type describing whether
  345  the condominium is created and being sold as fee simple
  346  interests or as leasehold interests. If the condominium is
  347  created or being sold on a leasehold, the location of the lease
  348  in the disclosure materials shall be stated.
  349         (b) If timeshare estates are or may be created with respect
  350  to any unit in the condominium, a statement in conspicuous type
  351  stating that timeshare estates are created and being sold in
  352  units in the condominium.
  353         (6) A description of the recreational and other commonly
  354  used facilities that will be used only by unit owners of the
  355  condominium, including, but not limited to, the following:
  356         (a) Each room and its intended purposes, location,
  357  approximate floor area, and capacity in numbers of people.
  358         (b) Each swimming pool, as to its general location,
  359  approximate size and depths, approximate deck size and capacity,
  360  and whether heated.
  361         (c) Additional facilities, as to the number of each
  362  facility, its approximate location, approximate size, and
  363  approximate capacity.
  364         (d) A general description of the items of personal property
  365  and the approximate number of each item of personal property
  366  that the developer is committing to furnish for each room or
  367  other facility or, in the alternative, a representation as to
  368  the minimum amount of expenditure that will be made to purchase
  369  the personal property for the facility.
  370         (e) The estimated date when each room or other facility
  371  will be available for use by the unit owners.
  372         (f)1. An identification of each room or other facility to
  373  be used by unit owners that will not be owned by the unit owners
  374  or the association;
  375         2. A reference to the location in the disclosure materials
  376  of the lease or other agreements providing for the use of those
  377  facilities; and
  378         3. A description of the terms of the lease or other
  379  agreements, including the length of the term; the rent payable,
  380  directly or indirectly, by each unit owner, and the total rent
  381  payable to the lessor, stated in monthly and annual amounts for
  382  the entire term of the lease; and a description of any option to
  383  purchase the property leased under any such lease, including the
  384  time the option may be exercised, the purchase price or how it
  385  is to be determined, the manner of payment, and whether the
  386  option may be exercised for a unit owner’s share or only as to
  387  the entire leased property.
  388         (g) A statement as to whether the developer may provide
  389  additional facilities not described above; their general
  390  locations and types; improvements or changes that may be made;
  391  the approximate dollar amount to be expended; and the maximum
  392  additional common expense or cost to the individual unit owners
  393  that may be charged during the first annual period of operation
  394  of the modified or added facilities.
  395  
  396  Descriptions as to locations, areas, capacities, numbers,
  397  volumes, or sizes may be stated as approximations or minimums.
  398         (7) A description of the recreational and other facilities
  399  that will be used in common with other condominiums, community
  400  associations, or planned developments which require the payment
  401  of the maintenance and expenses of such facilities, directly or
  402  indirectly, by the unit owners. The description shall include,
  403  but not be limited to, the following:
  404         (a) Each building and facility committed to be built and a
  405  summary description of the structural integrity of each building
  406  for which reserves are required pursuant to s. 718.112(2)(g).
  407         (b) Facilities not committed to be built except under
  408  certain conditions, and a statement of those conditions or
  409  contingencies.
  410         (c) As to each facility committed to be built, or which
  411  will be committed to be built upon the happening of one of the
  412  conditions in paragraph (b), a statement of whether it will be
  413  owned by the unit owners having the use thereof or by an
  414  association or other entity which will be controlled by them, or
  415  others, and the location in the exhibits of the lease or other
  416  document providing for use of those facilities.
  417         (d) The year in which each facility will be available for
  418  use by the unit owners or, in the alternative, the maximum
  419  number of unit owners in the project at the time each of all of
  420  the facilities is committed to be completed.
  421         (e) A general description of the items of personal
  422  property, and the approximate number of each item of personal
  423  property, that the developer is committing to furnish for each
  424  room or other facility or, in the alternative, a representation
  425  as to the minimum amount of expenditure that will be made to
  426  purchase the personal property for the facility.
  427         (f) If there are leases, a description thereof, including
  428  the length of the term, the rent payable, and a description of
  429  any option to purchase.
  430  
  431  Descriptions shall include location, areas, capacities, numbers,
  432  volumes, or sizes and may be stated as approximations or
  433  minimums.
  434         (8) Recreation lease or associated club membership:
  435         (a) If any recreational facilities or other facilities
  436  offered by the developer and available to, or to be used by,
  437  unit owners are to be leased or have club membership associated,
  438  the following statement in conspicuous type shall be included:
  439  THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
  440  CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
  441  CONDOMINIUM. There shall be a reference to the location in the
  442  disclosure materials where the recreation lease or club
  443  membership is described in detail.
  444         (b) If it is mandatory that unit owners pay a fee, rent,
  445  dues, or other charges under a recreational facilities lease or
  446  club membership for the use of facilities, there shall be in
  447  conspicuous type the applicable statement:
  448         1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
  449  MANDATORY FOR UNIT OWNERS; or
  450         2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
  451  TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
  452         3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS
  453  AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,
  454  RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE
  455  OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
  456         4. A similar statement of the nature of the organization or
  457  the manner in which the use rights are created, and that unit
  458  owners are required to pay.
  459  
  460  Immediately following the applicable statement, the location in
  461  the disclosure materials where the development is described in
  462  detail shall be stated.
  463         (c) If the developer, or any other person other than the
  464  unit owners and other persons having use rights in the
  465  facilities, reserves, or is entitled to receive, any rent, fee,
  466  or other payment for the use of the facilities, then there shall
  467  be the following statement in conspicuous type: THE UNIT OWNERS
  468  OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
  469  RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
  470  following this statement, the location in the disclosure
  471  materials where the rent or land use fees are described in
  472  detail shall be stated.
  473         (d) If, in any recreation format, whether leasehold, club,
  474  or other, any person other than the association has the right to
  475  a lien on the units to secure the payment of assessments, rent,
  476  or other exactions, there shall appear a statement in
  477  conspicuous type in substantially the following form:
  478  
  479         1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH
  480         UNIT TO SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS
  481         UNDER THE RECREATION LEASE. THE UNIT OWNER’S FAILURE
  482         TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF
  483         THE LIEN; or
  484         2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH
  485         UNIT TO SECURE THE PAYMENT OF ASSESSMENTS OR OTHER
  486         EXACTIONS COMING DUE FOR THE USE, MAINTENANCE, UPKEEP,
  487         OR REPAIR OF THE RECREATIONAL OR COMMONLY USED
  488         FACILITIES. THE UNIT OWNER’S FAILURE TO MAKE THESE
  489         PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
  490  
  491  Immediately following the applicable statement, the location in
  492  the disclosure materials where the lien or lien right is
  493  described in detail shall be stated.
  494         (9) If the developer or any other person has the right to
  495  increase or add to the recreational facilities at any time after
  496  the establishment of the condominium whose unit owners have use
  497  rights therein, without the consent of the unit owners or
  498  associations being required, there shall appear a statement in
  499  conspicuous type in substantially the following form:
  500  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT
  501  CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately
  502  following this statement, the location in the disclosure
  503  materials where such reserved rights are described shall be
  504  stated.
  505         (10) A statement of whether the developer’s plan includes a
  506  program of leasing units rather than selling them, or leasing
  507  units and selling them subject to such leases. If so, there
  508  shall be a description of the plan, including the number and
  509  identification of the units and the provisions and term of the
  510  proposed leases, and a statement in boldfaced type that: THE
  511  UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
  512         (11) The arrangements for management of the association and
  513  maintenance and operation of the condominium property and of
  514  other property that will serve the unit owners of the
  515  condominium property, and a description of the management
  516  contract and all other contracts for these purposes having a
  517  term in excess of 1 year, including the following:
  518         (a) The names of contracting parties.
  519         (b) The term of the contract.
  520         (c) The nature of the services included.
  521         (d) The compensation, stated on a monthly and annual basis,
  522  and provisions for increases in the compensation.
  523         (e) A reference to the volumes and pages of the condominium
  524  documents and of the exhibits containing copies of such
  525  contracts.
  526  
  527  Copies of all described contracts shall be attached as exhibits.
  528  If there is a contract for the management of the condominium
  529  property, then a statement in conspicuous type in substantially
  530  the following form shall appear, identifying the proposed or
  531  existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
  532  THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
  533  CONTRACT MANAGER). Immediately following this statement, the
  534  location in the disclosure materials of the contract for
  535  management of the condominium property shall be stated.
  536         (12) If the developer or any other person or persons other
  537  than the unit owners has the right to retain control of the
  538  board of administration of the association for a period of time
  539  which can exceed 1 year after the closing of the sale of a
  540  majority of the units in that condominium to persons other than
  541  successors or alternate developers, then a statement in
  542  conspicuous type in substantially the following form shall be
  543  included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
  544  RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
  545  HAVE BEEN SOLD. Immediately following this statement, the
  546  location in the disclosure materials where this right to control
  547  is described in detail shall be stated.
  548         (13) If there are any restrictions upon the sale, transfer,
  549  conveyance, or leasing of a unit, then a statement in
  550  conspicuous type in substantially the following form shall be
  551  included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED
  552  OR CONTROLLED. Immediately following this statement, the
  553  location in the disclosure materials where the restriction,
  554  limitation, or control on the sale, lease, or transfer of units
  555  is described in detail shall be stated.
  556         (14) If the condominium is part of a phase project, the
  557  following information shall be stated:
  558         (a) A statement in conspicuous type in substantially the
  559  following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND
  560  AND UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately
  561  following this statement, the location in the disclosure
  562  materials where the phasing is described shall be stated.
  563         (b) A summary of the provisions of the declaration which
  564  provide for the phasing.
  565         (c) A statement as to whether or not residential buildings
  566  and units which are added to the condominium may be
  567  substantially different from the residential buildings and units
  568  originally in the condominium. If the added residential
  569  buildings and units may be substantially different, there shall
  570  be a general description of the extent to which such added
  571  residential buildings and units may differ, and a statement in
  572  conspicuous type in substantially the following form shall be
  573  included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE
  574  CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER
  575  BUILDINGS AND UNITS IN THE CONDOMINIUM. Immediately following
  576  this statement, the location in the disclosure materials where
  577  the extent to which added residential buildings and units may
  578  substantially differ is described shall be stated.
  579         (d) A statement of the maximum number of buildings
  580  containing units, the maximum and minimum numbers of units in
  581  each building, the maximum number of units, and the minimum and
  582  maximum square footage of the units that may be contained within
  583  each parcel of land which may be added to the condominium.
  584         (15) If a condominium created on or after July 1, 2000, is
  585  or may become part of a multicondominium, the following
  586  information must be provided:
  587         (a) A statement in conspicuous type in substantially the
  588  following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
  589  MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
  590  (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately
  591  following this statement, the location in the prospectus or
  592  offering circular and its exhibits where the multicondominium
  593  aspects of the offering are described must be stated.
  594         (b) A summary of the provisions in the declaration,
  595  articles of incorporation, and bylaws which establish and
  596  provide for the operation of the multicondominium, including a
  597  statement as to whether unit owners in the condominium will have
  598  the right to use recreational or other facilities located or
  599  planned to be located in other condominiums operated by the same
  600  association, and the manner of sharing the common expenses
  601  related to such facilities.
  602         (c) A statement of the minimum and maximum number of
  603  condominiums, and the minimum and maximum number of units in
  604  each of those condominiums, which will or may be operated by the
  605  association, and the latest date by which the exact number will
  606  be finally determined.
  607         (d) A statement as to whether any of the condominiums in
  608  the multicondominium may include units intended to be used for
  609  nonresidential purposes and the purpose or purposes permitted
  610  for such use.
  611         (e) A general description of the location and approximate
  612  acreage of any land on which any additional condominiums to be
  613  operated by the association may be located.
  614         (16) If the condominium is created by conversion of
  615  existing improvements, the following information shall be
  616  stated:
  617         (a) The information required by s. 718.616.
  618         (b) A caveat that there are no express warranties unless
  619  they are stated in writing by the developer.
  620         (17) A summary of the restrictions, if any, to be imposed
  621  on units concerning the use of any of the condominium property,
  622  including statements as to whether there are restrictions upon
  623  children and pets, and reference to the volumes and pages of the
  624  condominium documents where such restrictions are found, or if
  625  such restrictions are contained elsewhere, then a copy of the
  626  documents containing the restrictions shall be attached as an
  627  exhibit.
  628         (18) If there is any land that is offered by the developer
  629  for use by the unit owners and that is neither owned by them nor
  630  leased to them, the association, or any entity controlled by
  631  unit owners and other persons having the use rights to such
  632  land, a statement shall be made as to how such land will serve
  633  the condominium. If any part of such land will serve the
  634  condominium, the statement shall describe the land and the
  635  nature and term of service, and the declaration or other
  636  instrument creating such servitude shall be included as an
  637  exhibit.
  638         (19) The manner in which utility and other services,
  639  including, but not limited to, sewage and waste disposal, water
  640  supply, and storm drainage, will be provided and the person or
  641  entity furnishing them.
  642         (20) An explanation of the manner in which the
  643  apportionment of common expenses and ownership of the common
  644  elements has been determined.
  645         (21) An estimated operating budget for the condominium and
  646  the association, and a schedule of the unit owner’s expenses
  647  shall be attached as an exhibit and shall contain the following
  648  information:
  649         (a) The estimated monthly and annual expenses of the
  650  condominium and the association that are collected from unit
  651  owners by assessments.
  652         (b) The estimated monthly and annual expenses of each unit
  653  owner for a unit, other than common expenses paid by all unit
  654  owners, payable by the unit owner to persons or entities other
  655  than the association, as well as to the association, including
  656  fees assessed pursuant to s. 718.113(1) for maintenance of
  657  limited common elements where such costs are shared only by
  658  those entitled to use the limited common element, and the total
  659  estimated monthly and annual expense. There may be excluded from
  660  this estimate expenses which are not provided for or
  661  contemplated by the condominium documents, including, but not
  662  limited to, the costs of private telephone; maintenance of the
  663  interior of condominium units, which is not the obligation of
  664  the association; maid or janitorial services privately
  665  contracted for by the unit owners; utility bills billed directly
  666  to each unit owner for utility services to his or her unit;
  667  insurance premiums other than those incurred for policies
  668  obtained by the condominium; and similar personal expenses of
  669  the unit owner. A unit owner’s estimated payments for
  670  assessments shall also be stated in the estimated amounts for
  671  the times when they will be due.
  672         (c) The estimated items of expenses of the condominium and
  673  the association, except as excluded under paragraph (b),
  674  including, but not limited to, the following items, which shall
  675  be stated as an association expense collectible by assessments
  676  or as unit owners’ expenses payable to persons other than the
  677  association:
  678         1. Expenses for the association and condominium:
  679         a. Administration of the association.
  680         b. Management fees.
  681         c. Maintenance.
  682         d. Rent for recreational and other commonly used
  683  facilities.
  684         e. Taxes upon association property.
  685         f. Taxes upon leased areas.
  686         g. Insurance.
  687         h. Security provisions.
  688         i. Other expenses.
  689         j. Operating capital.
  690         k. Reserves for all applicable items referenced in s.
  691  718.112(2)(g).
  692         l. Fees payable to the division.
  693         2. Expenses for a unit owner:
  694         a. Rent for the unit, if subject to a lease.
  695         b. Rent payable by the unit owner directly to the lessor or
  696  agent under any recreational lease or lease for the use of
  697  commonly used facilities, which use and payment is a mandatory
  698  condition of ownership and is not included in the common expense
  699  or assessments for common maintenance paid by the unit owners to
  700  the association.
  701         (d) The following statement in conspicuous type:
  702  
  703         THE BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS
  704         BEEN PREPARED IN ACCORDANCE WITH THE CONDOMINIUM ACT
  705         AND IS A GOOD FAITH ESTIMATE ONLY AND REPRESENTS AN
  706         APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
  707         CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
  708         ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED
  709         COSTS. SUCH CHANGES IN COST DO NOT CONSTITUTE MATERIAL
  710         ADVERSE CHANGES IN THE OFFERING.
  711  
  712         (e) Each budget for an association prepared by a developer
  713  consistent with this subsection shall be prepared in good faith
  714  and shall reflect accurate estimated amounts for the required
  715  items in paragraph (c) at the time of the filing of the offering
  716  circular with the division, and subsequent increased amounts of
  717  any item included in the association’s estimated budget that are
  718  beyond the control of the developer shall not be considered an
  719  amendment that would give rise to rescission rights set forth in
  720  s. 718.503(1)(a) or (b), nor shall such increases modify, void,
  721  or otherwise affect any guarantee of the developer contained in
  722  the offering circular or any purchase contract. It is the intent
  723  of this paragraph to clarify existing law.
  724         (f) The estimated amounts shall be stated for a period of
  725  at least 12 months and may distinguish between the period prior
  726  to the time unit owners other than the developer elect a
  727  majority of the board of administration and the period after
  728  that date.
  729         (22) A schedule of estimated closing expenses to be paid by
  730  a buyer or lessee of a unit and a statement of whether title
  731  opinion or title insurance policy is available to the buyer and,
  732  if so, at whose expense.
  733         (23) The identity of the developer and the chief operating
  734  officer or principal directing the creation and sale of the
  735  condominium and a statement of its and his or her experience in
  736  this field.
  737         (24) Copies of the following, to the extent they are
  738  applicable, shall be included as exhibits:
  739         (a) The declaration of condominium, or the proposed
  740  declaration if the declaration has not been recorded.
  741         (b) The articles of incorporation creating the association.
  742         (c) The bylaws of the association.
  743         (d) The ground lease or other underlying lease of the
  744  condominium.
  745         (e) The management agreement and all maintenance and other
  746  contracts for management of the association and operation of the
  747  condominium and facilities used by the unit owners having a
  748  service term in excess of 1 year.
  749         (f) The estimated operating budget for the condominium, the
  750  required schedule of unit owners’ expenses, and the
  751  association’s most recent structural integrity reserve study or
  752  a statement that the association has not completed a structural
  753  integrity reserve study.
  754         (g) A copy of the floor plan of the unit and the plot plan
  755  showing the location of the residential buildings and the
  756  recreation and other common areas.
  757         (h) The lease of recreational and other facilities that
  758  will be used only by unit owners of the subject condominium.
  759         (i) The lease of facilities used by owners and others.
  760         (j) The form of unit lease, if the offer is of a leasehold.
  761         (k) A declaration of servitude of properties serving the
  762  condominium but not owned by unit owners or leased to them or
  763  the association.
  764         (l) The statement of condition of the existing building or
  765  buildings, if the offering is of units in an operation being
  766  converted to condominium ownership.
  767         (m) The statement of inspection for termite damage and
  768  treatment of the existing improvements, if the condominium is a
  769  conversion.
  770         (n) The form of agreement for sale or lease of units.
  771         (o) A copy of the agreement for escrow of payments made to
  772  the developer prior to closing.
  773         (p) A copy of the documents containing any restrictions on
  774  use of the property required by subsection (17).
  775         (q) A copy of the inspector-prepared summary of the
  776  milestone inspection report as described in ss. 553.899 and
  777  718.301(4)(p), as applicable.
  778         (25) Any prospectus or offering circular complying, prior
  779  to the effective date of this act, with the provisions of former
  780  ss. 711.69 and 711.802 may continue to be used without amendment
  781  or may be amended to comply with this chapter.
  782         (26) A brief narrative description of the location and
  783  effect of all existing and intended easements located or to be
  784  located on the condominium property other than those described
  785  in the declaration.
  786         (27) If the developer is required by state or local
  787  authorities to obtain acceptance or approval of any dock or
  788  marina facilities intended to serve the condominium, a copy of
  789  any such acceptance or approval acquired by the time of filing
  790  with the division under s. 718.502(1) or a statement that such
  791  acceptance or approval has not been acquired or received.
  792         (28) Evidence demonstrating that the developer has an
  793  ownership, leasehold, or contractual interest in the land upon
  794  which the condominium is to be developed.
  795         Section 6. The amendments made to ss. 718.103(14) and
  796  718.202(3), Florida Statutes, and the provisions of s.
  797  718.407(1), (2), and (7), Florida Statutes, are intended to
  798  clarify existing law and shall apply retroactively; however,
  799  such amendments do not revive or reinstate any right or interest
  800  that has been fully and finally adjudicated as invalid before
  801  July 1, 2024.
  802         Section 7. This act shall take effect July 1, 2024.
  803  
  804  ================= T I T L E  A M E N D M E N T ================
  805  And the title is amended as follows:
  806         Delete everything before the enacting clause
  807  and insert:
  808                        A bill to be entitled                      
  809         An act relating to condominiums within a portion of a
  810         building or within a multiple parcel building;
  811         amending s. 718.103, F.S.; revising the definition of
  812         the term “condominium property”; amending s. 718.202,
  813         F.S.; authorizing the Director of the Division of
  814         Florida Condominiums, Timeshares, and Mobile Homes to
  815         accept certain assurances in lieu of a specified
  816         percentage of the sale price; authorizing a developer
  817         to deliver a surety bond or an irrevocable letter of
  818         credit in an amount equivalent to a certain percentage
  819         of the sale price; conforming provisions to changes
  820         made by the act; making technical changes; creating s.
  821         718.407, F.S.; providing that a condominium may be
  822         created within a portion of a building or within a
  823         multiple parcel building; providing for the common
  824         elements of such condominium; providing requirements
  825         for the declaration of condominium and other recorded
  826         instruments; authorizing an association to inspect and
  827         copy certain books and records and to receive an
  828         annual budget; requiring that a specified statement be
  829         included in a contract for the sale of a unit of the
  830         condominium; requiring a seller of a unit of the
  831         condominium to provide a specified disclosure summary
  832         to a purchaser; providing that a multiple parcel
  833         building is not a subdivision of land if the land is
  834         not subdivided; amending ss. 718.503 and 718.504,
  835         F.S.; requiring certain persons to provide specified
  836         disclosures to purchasers under certain circumstances;
  837         making technical changes; providing for retroactive
  838         applicability; providing an effective date.