Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 496
Ì953944AÎ953944
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/02/2025 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Regulated Industries (McClain) recommended the
following:
1 Senate Amendment
2
3 Delete lines 79 - 178
4 and insert:
5 a timeshare plan governed by chapter 721 and that must provide
6 disclosure under s. 721.13(13)(c)1.
7 Section 3. Subsection (3) is added to section 468.438,
8 Florida Statutes, to read:
9 468.438 Timeshare management firms.—
10 (3) A timeshare management firm and any individual licensed
11 under this part who is employed by a timeshare management firm
12 are governed by s. 721.13 and not by s. 468.4335.
13 Section 4. Paragraph (e) of subsection (1) and subsections
14 (4), (10), and (13) of section 721.13, Florida Statutes, are
15 amended to read:
16 721.13 Management.—
17 (1)
18 (e) Any managing entity performing community association
19 management must comply with part VIII of chapter 468.
20 (4) The managing entity shall maintain among its records
21 and provide to the division upon request a complete list of the
22 names and addresses of all purchasers and owners of timeshare
23 units in the timeshare plan. The managing entity shall update
24 this list no less frequently than quarterly. Pursuant to
25 paragraph (3)(d), the managing entity may not publish this
26 owner’s list or provide a copy of it to any purchaser or to any
27 third party other than the division. However, the managing
28 entity shall mail to those persons listed on the owner’s list
29 materials provided by any purchaser, upon the written request of
30 that purchaser, if the purpose of the mailing is to advance
31 legitimate owners’ association business, such as a proxy
32 solicitation for any purpose, including the recall of one or
33 more board members elected by the owners or the discharge of the
34 manager or management firm. The use of any proxies solicited in
35 this manner must comply with the provisions of the timeshare
36 instrument and this chapter. A mailing requested for the purpose
37 of advancing legitimate owners’ association business shall occur
38 within 30 days after receipt of a request from a purchaser. The
39 board of administration of the owners’ association shall be
40 responsible for determining the appropriateness of any mailing
41 requested pursuant to this subsection. The purchaser who
42 requests the mailing must reimburse the owners’ association in
43 advance for the owners’ association’s actual costs in performing
44 the mailing. It is shall be a violation of this chapter and, if
45 applicable, of part VIII of chapter 468, for the board of
46 administration or the manager or management firm to refuse to
47 mail any material requested by the purchaser to be mailed,
48 provided the sole purpose of the materials is to advance
49 legitimate owners’ association business. If the purpose of the
50 mailing is a proxy solicitation to recall one or more board
51 members elected by the owners or to discharge the manager or
52 management firm and the managing entity does not mail the
53 materials within 30 days after receipt of a request from a
54 purchaser, the circuit court in the county where the timeshare
55 plan is located may, upon application from the requesting
56 purchaser, summarily order the mailing of the materials solely
57 related to the recall of one or more board members elected by
58 the owners or the discharge of the manager or management firm.
59 The court shall dispose of an application on an expedited basis.
60 In the event of such an order, the court may order the managing
61 entity to pay the purchaser’s costs, including attorney
62 attorney’s fees reasonably incurred to enforce the purchaser’s
63 rights, unless the managing entity can prove it refused the
64 mailing in good faith because of a reasonable basis for doubt
65 about the legitimacy of the mailing.
66 (10) Any failure of the managing entity to faithfully
67 discharge the fiduciary duty to purchasers imposed by this
68 section or to otherwise comply with the provisions of this
69 section is shall be a violation of this chapter and of part VIII
70 of chapter 468.
71 (13)(a) Notwithstanding any provisions of chapter 607,
72 chapter 617, or chapter 718, an officer, a director, or an agent
73 of an owners’ association, including a timeshare management firm
74 and any individual licensed under part VIII of chapter 468
75 employed by the timeshare management firm, shall discharge its
76 his or her duties in good faith, with the care an ordinarily
77 prudent person in a like position would exercise under similar
78 circumstances, and in a manner it he or she reasonably believes
79 to be in the interests of the owners’ association. An officer, a
80 director, or an agent of an owners’ association, including a
81 timeshare management firm and any individual licensed under part
82 VIII of chapter 468 employed by the timeshare management firm,
83 are shall be exempt from liability for monetary damages in the
84 same manner as provided in s. 617.0834 unless such officer,
85 director, or agent, or firm breached or failed to perform its
86 his or her duties and the breach of, or failure to perform, its
87 his or her duties constitutes a violation of criminal law as
88 provided in s. 617.0834; constitutes a transaction from which
89 the officer or director derived an improper personal benefit,
90 either directly or indirectly; or constitutes recklessness or an
91 act or omission that was in bad faith, with malicious purpose,
92 or in a manner exhibiting wanton and willful disregard of human
93 rights, safety, or property.
94 (b) Notwithstanding chapter 718, the board of
95 administration of a timeshare condominium is required to meet
96 only once each year, unless additional board meetings are called
97 pursuant to a timeshare instrument.
98 (c)1. If a timeshare management firm or an owners’
99 association provides goods or services through a parent, an
100 affiliate, or a subsidiary of a timeshare management firm, the
101 fact that a related party provides goods or services must be
102 disclosed annually to the members of that owners’ association as
103 an explanatory note to the annual budget pursuant to subsection
104 (3)(c)1., in the management contract, or otherwise in the manner
105 provided for notice to owners in s. 721.855(2)(a)2.