November 26, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h0601__
HB 601

1
A bill to be entitled
2An act relating to the Department of Business and
3Professional Regulation; amending s. 20.165, F.S.;
4changing the name of the Division of Florida Land Sales,
5Condominiums, and Mobile Homes to the Division of Florida
6Condominiums, Timeshares, and Mobile Homes; amending s.
7215.20, F.S.; conforming the name of the division's trust
8fund to correspond to the name change of the division;
9amending s. 450.33, F.S.; removing the requirement for a
10farm labor contractor to file a set of fingerprints with
11the department; amending s. 455.203, F.S.; authorizing the
12department to close and terminate deficient license
13applications; authorizing the department to approve
14professional license applications meeting certain
15criteria; amending s. 475.451, F.S.; deleting requirements
16relating to submission of certain real estate course
17rosters to the department; amending s. 489.511, F.S.;
18revising requirements for taking the electrical or alarm
19system contractor certification examination; providing
20requirements for certification; amending s. 489.515, F.S.;
21revising requirements for certification as a certified
22contractor by the Electrical Contractors' Licensing Board
23to reflect changes made to s. 489.511, F.S., by this act;
24amending and renumbering s. 498.011, F.S., relating to
25payment of per diem, mileage, and other expenses for
26division employees; deleting expense reimbursement for
27inspection of subdivided lands; providing for
28reimbursement of expenses for on-site review or
29investigation required in other areas of responsibility;
30amending and renumbering s. 498.022, F.S., relating to
31jurisdiction over fraudulent acts; transferring such acts
32to be handled as unfair and deceptive trade practices
33under ch. 501, F.S.; deleting provision requiring division
34enforcement of provision referencing a provision being
35repealed; deleting provision relating to rights of
36purchaser of subdivided lands under a provision being
37repealed; providing a definition of the term "common
38promotional plan"; amending and renumbering s. 498.057,
39F.S., relating to service of process; deleting provision
40that service may be made by delivering a copy of the
41process to division director; providing that the division
42can be the petitioner or the plaintiff; repealing ss.
43498.001, 498.003, 498.005, 498.007, 498.017, 498.021,
44498.023, 498.024, 498.025, 498.027, 498.028, 498.029,
45498.031, 498.033, 498.035, 498.037, 498.039, 498.041,
46498.047, 498.049, 498.051, 498.053, 498.059, 498.061, and
47498.063, F.S., relating to regulation of land sales
48practices; amending s. 548.0065, F.S.; including amateur
49mixed martial arts in a provision relating to the
50authority of the Florida State Boxing Commission to
51suspend amateur matches for violation of certain health
52and safety standards; extending requirements for amateur
53matches and amateur sanctioning organizations to amateur
54mixed martial arts by addition of reference to mixed
55martial arts; amending s. 548.008, F.S.; removing a
56provision prohibiting amateur mixed martial arts matches
57from being held in this state; amending s. 718.112, F.S.;
58requiring an association annual budget to be adopted prior
59to the beginning of the fiscal year; amending s. 718.501,
60F.S.; providing additional powers and duties of the
61division; providing for admission of certain evidence as
62competent evidence in a hearing; providing certain
63affirmative action for carrying out purposes of ch. 718,
64F.S.; providing for actions of conservator or receiver;
65providing for application to circuit court for an order of
66restitution; providing for imposition of civil penalties
67and award of court costs, attorney's fees, and costs of
68investigation under certain circumstances; providing for
69contracting for investigative services; providing for
70acceptance of grants-in-aid; requiring the cooperation
71with similar agencies on establishment of certain
72procedures, standards, and forms; providing what
73constitutes completeness of notice; authorizing the
74division to issue a notice to show cause; providing
75conforming changes; amending s. 718.509, F.S.; amending
76trust fund language and incorporating and amending s.
77498.019, F.S.; deleting language relating to deposit of
78certain moneys into trust fund created in s. 498.019,
79F.S.; amending language incorporated to conform to change
80in division name; adding language to provide for the
81deposit of moneys resulting from an administrative final
82order; amending s. 720.401, F.S.; deleting reference to a
83subdivider registered under ch. 498, F.S., to conform;
84amending s. 723.011, F.S.; requiring a filing fee for
85amendments to prospectus disclosure documents; amending
86ss. 73.073, 190.009, 192.037, 213.053, 326.002, 326.006,
87380.05, 380.06, 380.0651, 381.0065, 455.116, 475.455,
88494.008, 509.512, 517.301, 559.935, 718.103, 718.105,
89718.1255, 718.5011, 718.502, 718.504, 718.508, 718.608,
90719.103, 719.1255, 719.501, 719.502, 719.504, 719.508,
91719.608, 720.301, 720.401, 721.05, 721.07, 721.08, 721.26,
92721.28, 721.301, 721.50, 723.003, 723.006, 723.009, and
93723.0611, F.S., to conform; providing an effective date.
94
95Be It Enacted by the Legislature of the State of Florida:
96
97     Section 1.  Paragraph (d) of subsection (2) of section
9820.165, Florida Statutes, is amended to read:
99     20.165  Department of Business and Professional
100Regulation.--There is created a Department of Business and
101Professional Regulation.
102     (2)  The following divisions of the Department of Business
103and Professional Regulation are established:
104     (d)  Division of Florida Land Sales, Condominiums,
105Timeshares, and Mobile Homes.
106     Section 2.  Subsection (2) of section 73.073, Florida
107Statutes, is amended to read:
108     73.073  Eminent domain procedure with respect to
109condominium common elements.--
110     (2)  With respect to the exercise of eminent domain or a
111negotiated sale for the purchase or taking of a portion of the
112common elements of a condominium, the condemning authority shall
113have the responsibility of contacting the condominium
114association and acquiring the most recent rolls indicating the
115names of the unit owners or contacting the appropriate taxing
116authority to obtain the names of the owners of record on the tax
117rolls. Notification shall thereupon be sent by certified mail,
118return receipt requested, to the unit owners of record of the
119condominium units by the condemning authority indicating the
120intent to purchase or take the required property and requesting
121a response from the unit owner. The condemning authority shall
122be responsible for the expense of sending notification pursuant
123to this section. Such notice shall, at a minimum, include:
124     (a)  The name and address of the condemning authority.
125     (b)  A written or visual description of the property.
126     (c)  The public purpose for which the property is needed.
127     (d)  The appraisal value of the property.
128     (e)  A clear, concise statement relating to the unit
129owner's right to object to the taking or appraisal value and the
130procedures and effects of exercising that right.
131     (f)  A clear, concise statement relating to the power of
132the association to convey the property on behalf of the unit
133owners if no objection to the taking or appraisal value is
134raised, and the effects of this alternative on the unit owner.
135
136The Division of Florida Land Sales, Condominiums, Timeshares,
137and Mobile Homes of the Department of Business and Professional
138Regulation may adopt, by rule, a standard form for such notice
139and may require the notice to include any additional relevant
140information.
141     Section 3.  Subsections (2) and (3) of section 190.009,
142Florida Statutes, are amended to read:
143     190.009  Disclosure of public financing.--
144     (2)  The Division of Florida Land Sales, Condominiums, and
145Mobile Homes of the Department of Business and Professional
146Regulation shall ensure that disclosures made by developers
147pursuant to chapter 498 meet the requirements of subsection (1).
148     (2)(3)  The Department of Community Affairs shall keep a
149current list of districts and their disclosures pursuant to this
150act and shall make such studies and reports and take such
151actions as it deems necessary.
152     Section 4.  Paragraph (e) of subsection (6) of section
153192.037, Florida Statutes, is amended to read:
154     192.037  Fee timeshare real property; taxes and
155assessments; escrow.--
156     (6)
157     (e)  On or before May 1 of each year, a statement of
158receipts and disbursements of the escrow account must be filed
159with the Division of Florida Land Sales, Condominiums,
160Timeshares, and Mobile Homes of the Department of Business and
161Professional Regulation, which may enforce this paragraph
162pursuant to s. 721.26. This statement must appropriately show
163the amount of principal and interest in such account.
164     Section 5.  Paragraph (i) of subsection (8) of section
165213.053, Florida Statutes, is amended to read:
166     213.053  Confidentiality and information sharing.--
167     (8)  Notwithstanding any other provision of this section,
168the department may provide:
169     (i)  Information relative to chapters 212 and 326 to the
170Division of Florida Land Sales, Condominiums, Timeshares, and
171Mobile Homes of the Department of Business and Professional
172Regulation in the conduct of its official duties.
173
174Disclosure of information under this subsection shall be
175pursuant to a written agreement between the executive director
176and the agency. Such agencies, governmental or nongovernmental,
177shall be bound by the same requirements of confidentiality as
178the Department of Revenue. Breach of confidentiality is a
179misdemeanor of the first degree, punishable as provided by s.
180775.082 or s. 775.083.
181     Section 6.  Paragraph (d) of subsection (4) of section
182215.20, Florida Statutes, is amended to read:
183     215.20  Certain income and certain trust funds to
184contribute to the General Revenue Fund.--
185     (4)  The income of a revenue nature deposited in the
186following described trust funds, by whatever name designated, is
187that from which the appropriations authorized by subsection (3)
188shall be made:
189     (d)  Within the Department of Business and Professional
190Regulation:
191     1.  The Administrative Trust Fund.
192     2.  The Alcoholic Beverage and Tobacco Trust Fund.
193     3.  The Cigarette Tax Collection Trust Fund.
194     4.  The Division of Florida Land Sales, Condominiums,
195Timeshares, and Mobile Homes Trust Fund.
196     5.  The Hotel and Restaurant Trust Fund, with the exception
197of those fees collected for the purpose of funding of the
198hospitality education program as stated in s. 509.302.
199     6.  The Professional Regulation Trust Fund.
200     7.  The trust funds administered by the Division of Pari-
201mutuel Wagering.
202
203The enumeration of the foregoing moneys or trust funds shall not
204prohibit the applicability thereto of s. 215.24 should the
205Governor determine that for the reasons mentioned in s. 215.24
206the money or trust funds should be exempt herefrom, as it is the
207purpose of this law to exempt income from its force and effect
208when, by the operation of this law, federal matching funds or
209contributions or private grants to any trust fund would be lost
210to the state.
211     Section 7.  Subsection (2) of section 326.002, Florida
212Statutes, is amended to read:
213     326.002  Definitions.--As used in ss. 326.001-326.006, the
214term:
215     (2)  "Division" means the Division of Florida Land Sales,
216Condominiums, Timeshares, and Mobile Homes of the Department of
217Business and Professional Regulation.
218     Section 8.  Paragraph (d) of subsection (2) and subsection
219(3) of section 326.006, Florida Statutes, are amended to read:
220     326.006  Powers and duties of division.--
221     (2)  The division has the power to enforce and ensure
222compliance with the provisions of this chapter and rules adopted
223under this chapter relating to the sale and ownership of yachts
224and ships. In performing its duties, the division has the
225following powers and duties:
226     (d)  Notwithstanding any remedies available to a yacht or
227ship purchaser, if the division has reasonable cause to believe
228that a violation of any provision of this chapter or rule
229adopted under this chapter has occurred, the division may
230institute enforcement proceedings in its own name against any
231broker or salesperson or any of his or her assignees or agents,
232or against any unlicensed person or any of his or her assignees
233or agents, as follows:
234     1.  The division may permit a person whose conduct or
235actions are under investigation to waive formal proceedings and
236enter into a consent proceeding whereby orders, rules, or
237letters of censure or warning, whether formal or informal, may
238be entered against the person.
239     2.  The division may issue an order requiring the broker or
240salesperson or any of his or her assignees or agents, or
241requiring any unlicensed person or any of his or her assignees
242or agents, to cease and desist from the unlawful practice and
243take such affirmative action as in the judgment of the division
244will carry out the purposes of this chapter.
245     3.  The division may bring an action in circuit court on
246behalf of a class of yacht or ship purchasers for declaratory
247relief, injunctive relief, or restitution.
248     4.  The division may impose a civil penalty against a
249broker or salesperson or any of his or her assignees or agents,
250or against an unlicensed person or any of his or her assignees
251or agents, for any violation of this chapter or a rule adopted
252under this chapter. A penalty may be imposed for each day of
253continuing violation, but in no event may the penalty for any
254offense exceed $10,000. All amounts collected must be deposited
255with the Chief Financial Officer to the credit of the Division
256of Florida Land Sales, Condominiums, Timeshares, and Mobile
257Homes Trust Fund. If a broker, salesperson, or unlicensed person
258working for a broker, fails to pay the civil penalty, the
259division shall thereupon issue an order suspending the broker's
260license until such time as the civil penalty is paid or may
261pursue enforcement of the penalty in a court of competent
262jurisdiction. The order imposing the civil penalty or the order
263of suspension may not become effective until 20 days after the
264date of such order. Any action commenced by the division must be
265brought in the county in which the division has its executive
266offices or in the county where the violation occurred.
267     (3)  All fees must be deposited in the Division of Florida
268Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
269Fund as provided by law.
270     Section 9.  Subsection (18) of section 380.05, Florida
271Statutes, is amended to read:
272     380.05  Areas of critical state concern.--
273     (18)  Neither the designation of an area of critical state
274concern nor the adoption of any regulations for such an area
275shall in any way limit or modify the rights of any person to
276complete any development that was has been authorized by
277registration of a subdivision pursuant to former chapter 498 or
278former chapter 478, by recordation pursuant to local subdivision
279plat law, or by a building permit or other authorization to
280commence development on which there has been reliance and a
281change of position, and which registration or recordation was
282accomplished, or which permit or authorization was issued, prior
283to the approval under subsection (6), or the adoption under
284subsection (8), of land development regulations for the area of
285critical state concern. If a developer has by his or her actions
286in reliance on prior regulations obtained vested or other legal
287rights that in law would have prevented a local government from
288changing those regulations in a way adverse to the developer's
289interests, nothing in this chapter authorizes any governmental
290agency to abridge those rights.
291     Section 10.  Subsection (20) of section 380.06, Florida
292Statutes, is amended to read:
293     380.06  Developments of regional impact.--
294     (20)  VESTED RIGHTS.--Nothing in this section shall limit
295or modify the rights of any person to complete any development
296that was has been authorized by registration of a subdivision
297pursuant to former chapter 498, by recordation pursuant to local
298subdivision plat law, or by a building permit or other
299authorization to commence development on which there has been
300reliance and a change of position and which registration or
301recordation was accomplished, or which permit or authorization
302was issued, prior to July 1, 1973. If a developer has, by his or
303her actions in reliance on prior regulations, obtained vested or
304other legal rights that in law would have prevented a local
305government from changing those regulations in a way adverse to
306the developer's interests, nothing in this chapter authorizes
307any governmental agency to abridge those rights.
308     (a)  For the purpose of determining the vesting of rights
309under this subsection, approval pursuant to local subdivision
310plat law, ordinances, or regulations of a subdivision plat by
311formal vote of a county or municipal governmental body having
312jurisdiction after August 1, 1967, and prior to July 1, 1973, is
313sufficient to vest all property rights for the purposes of this
314subsection; and no action in reliance on, or change of position
315concerning, such local governmental approval is required for
316vesting to take place. Anyone claiming vested rights under this
317paragraph must so notify the department in writing by January 1,
3181986. Such notification shall include information adequate to
319document the rights established by this subsection. When such
320notification requirements are met, in order for the vested
321rights authorized pursuant to this paragraph to remain valid
322after June 30, 1990, development of the vested plan must be
323commenced prior to that date upon the property that the state
324land planning agency has determined to have acquired vested
325rights following the notification or in a binding letter of
326interpretation. When the notification requirements have not been
327met, the vested rights authorized by this paragraph shall expire
328June 30, 1986, unless development commenced prior to that date.
329     (b)  For the purpose of this act, the conveyance of, or the
330agreement to convey, property to the county, state, or local
331government as a prerequisite to zoning change approval shall be
332construed as an act of reliance to vest rights as determined
333under this subsection, provided such zoning change is actually
334granted by such government.
335     Section 11.  Paragraph (a) of subsection (4) of section
336380.0651, Florida Statutes, is amended to read:
337     380.0651  Statewide guidelines and standards.--
338     (4)  Two or more developments, represented by their owners
339or developers to be separate developments, shall be aggregated
340and treated as a single development under this chapter when they
341are determined to be part of a unified plan of development and
342are physically proximate to one other.
343     (a)  The criteria of two of the following subparagraphs
344must be met in order for the state land planning agency to
345determine that there is a unified plan of development:
346     1.a.  The same person has retained or shared control of the
347developments;
348     b.  The same person has ownership or a significant legal or
349equitable interest in the developments; or
350     c.  There is common management of the developments
351controlling the form of physical development or disposition of
352parcels of the development.
353     2.  There is a reasonable closeness in time between the
354completion of 80 percent or less of one development and the
355submission to a governmental agency of a master plan or series
356of plans or drawings for the other development which is
357indicative of a common development effort.
358     3.  A master plan or series of plans or drawings exists
359covering the developments sought to be aggregated which have
360been submitted to a local general-purpose government, water
361management district, the Florida Department of Environmental
362Protection, or the Division of Florida Land Sales, Condominiums,
363Timeshares, and Mobile Homes for authorization to commence
364development. The existence or implementation of a utility's
365master utility plan required by the Public Service Commission or
366general-purpose local government or a master drainage plan shall
367not be the sole determinant of the existence of a master plan.
368     4.  The voluntary sharing of infrastructure that is
369indicative of a common development effort or is designated
370specifically to accommodate the developments sought to be
371aggregated, except that which was implemented because it was
372required by a local general-purpose government; water management
373district; the Department of Environmental Protection; the
374Division of Florida Land Sales, Condominiums, Timeshares, and
375Mobile Homes; or the Public Service Commission.
376     5.  There is a common advertising scheme or promotional
377plan in effect for the developments sought to be aggregated.
378     Section 12.  Paragraph (c) of subsection (4) of section
379381.0065, Florida Statutes, is amended to read:
380     381.0065  Onsite sewage treatment and disposal systems;
381regulation.--
382     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
383not construct, repair, modify, abandon, or operate an onsite
384sewage treatment and disposal system without first obtaining a
385permit approved by the department. The department may issue
386permits to carry out this section, but shall not make the
387issuance of such permits contingent upon prior approval by the
388Department of Environmental Protection, except that the issuance
389of a permit for work seaward of the coastal construction control
390line established under s. 161.053 shall be contingent upon
391receipt of any required coastal construction control line permit
392from the Department of Environmental Protection. A construction
393permit is valid for 18 months from the issuance date and may be
394extended by the department for one 90-day period under rules
395adopted by the department. A repair permit is valid for 90 days
396from the date of issuance. An operating permit must be obtained
397prior to the use of any aerobic treatment unit or if the
398establishment generates commercial waste. Buildings or
399establishments that use an aerobic treatment unit or generate
400commercial waste shall be inspected by the department at least
401annually to assure compliance with the terms of the operating
402permit. The operating permit for a commercial wastewater system
403is valid for 1 year from the date of issuance and must be
404renewed annually. The operating permit for an aerobic treatment
405unit is valid for 2 years from the date of issuance and must be
406renewed every 2 years. If all information pertaining to the
407siting, location, and installation conditions or repair of an
408onsite sewage treatment and disposal system remains the same, a
409construction or repair permit for the onsite sewage treatment
410and disposal system may be transferred to another person, if the
411transferee files, within 60 days after the transfer of
412ownership, an amended application providing all corrected
413information and proof of ownership of the property. There is no
414fee associated with the processing of this supplemental
415information. A person may not contract to construct, modify,
416alter, repair, service, abandon, or maintain any portion of an
417onsite sewage treatment and disposal system without being
418registered under part III of chapter 489. A property owner who
419personally performs construction, maintenance, or repairs to a
420system serving his or her own owner-occupied single-family
421residence is exempt from registration requirements for
422performing such construction, maintenance, or repairs on that
423residence, but is subject to all permitting requirements. A
424municipality or political subdivision of the state may not issue
425a building or plumbing permit for any building that requires the
426use of an onsite sewage treatment and disposal system unless the
427owner or builder has received a construction permit for such
428system from the department. A building or structure may not be
429occupied and a municipality, political subdivision, or any state
430or federal agency may not authorize occupancy until the
431department approves the final installation of the onsite sewage
432treatment and disposal system. A municipality or political
433subdivision of the state may not approve any change in occupancy
434or tenancy of a building that uses an onsite sewage treatment
435and disposal system until the department has reviewed the use of
436the system with the proposed change, approved the change, and
437amended the operating permit.
438     (c)  Notwithstanding the provisions of paragraphs (a) and
439(b), for subdivisions platted of record on or before October 1,
4401991, when a developer or other appropriate entity has
441previously made or makes provisions, including financial
442assurances or other commitments, acceptable to the Department of
443Health, that a central water system will be installed by a
444regulated public utility based on a density formula, private
445potable wells may be used with onsite sewage treatment and
446disposal systems until the agreed-upon densities are reached.
447The department may consider assurances filed with the Department
448of Business and Professional Regulation under chapter 498 in
449determining the adequacy of the financial assurance required by
450this paragraph. In a subdivision regulated by this paragraph,
451the average daily sewage flow may not exceed 2,500 gallons per
452acre per day. This section does not affect the validity of
453existing prior agreements. After October 1, 1991, the exception
454provided under this paragraph is not available to a developer or
455other appropriate entity.
456     Section 13.  Subsections (8) through (12) of section
457450.33, Florida Statutes, are amended to read:
458     450.33  Duties of farm labor contractor.--Every farm labor
459contractor must:
460     (8)  File, within such time as the department may
461prescribe, a set of his or her fingerprints.
462     (8)(9)  Produce evidence to the department that each
463vehicle he or she uses for the transportation of employees
464complies with the requirements and specifications established in
465chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
466Pub. L. No. 97-470 meeting Department of Transportation
467requirements or, in lieu thereof, bears a valid inspection
468sticker showing that the vehicle has passed the inspection in
469the state in which the vehicle is registered.
470     (9)(10)  Comply with all applicable statutes, rules, and
471regulations of the United States and of the State of Florida for
472the protection or benefit of labor, including, but not limited
473to, those providing for wages, hours, fair labor standards,
474social security, workers' compensation, unemployment
475compensation, child labor, and transportation.
476     (10)(11)  Maintain accurate daily field records for each
477employee actually paid by the farm labor contractor reflecting
478the hours worked for the farm labor contractor and, if paid by
479unit, the number of units harvested and the amount paid per
480unit.
481     (11)(12)  Clearly display on each vehicle used to transport
482migrant or seasonal farm workers a display sticker issued by the
483department, which states that the vehicle is authorized by the
484department to transport farm workers and the expiration date of
485the authorization.
486     Section 14.  Subsection (10) is added to section 455.203,
487Florida Statutes, to read:
488     455.203  Department; powers and duties.--The department,
489for the boards under its jurisdiction, shall:
490     (10)(a)  Have the authority to close and terminate
491deficient license application files 2 years after the board or
492the department notifies the applicant of the deficiency.
493     (b)  Have the authority to approve applications for
494professional licenses that meet all statutory and rule
495requirements for licensure.
496     Section 15.  Subsection (5) of section 455.116, Florida
497Statutes, is amended to read:
498     455.116  Regulation trust funds.--The following trust funds
499shall be placed in the department:
500     (5)  Division of Florida Land Sales, Condominiums,
501Timeshares, and Mobile Homes Trust Fund.
502     Section 16.  Subsection (9) of section 475.451, Florida
503Statutes, is amended to read:
504     475.451  Schools teaching real estate practice.--
505     (9)(a)  Each school permitholder of a proprietary real
506estate school, each chief administrative person of such an
507institution, or each course sponsor shall deliver to the
508department, in a format acceptable to the department, a copy of
509the classroom course roster of courses that require satisfactory
510completion of an examination no later than 30 days beyond the
511end of the calendar month in which the course was completed.
512     (b)  The course roster shall consist of the institution or
513school name and permit number, if applicable, the instructor's
514name and permit number, if applicable, course title, beginning
515and ending dates of the course, number of course hours, course
516location, if applicable, each student's full name and license
517number, if applicable, each student's mailing address, and the
518numerical grade each student achieved. The course roster shall
519also include the signature of the school permitholder, the chief
520administrative person, or the course sponsor.
521     Section 17.  Section 475.455, Florida Statutes, is amended
522to read:
523     475.455  Exchange of disciplinary information.--The
524commission shall inform the Division of Florida Land Sales,
525Condominiums, Timeshares, and Mobile Homes of the Department of
526Business and Professional Regulation of any disciplinary action
527the commission has taken against any of its licensees. The
528division shall inform the commission of any disciplinary action
529the division has taken against any broker or sales associate
530registered with the division.
531     Section 18.  Section 489.511, Florida Statutes, is amended
532to read:
533     489.511  Certification; application; examinations;
534endorsement.--
535     (1)(a)  Any person who is at least 18 years of age shall be
536entitled to take the certification examination.
537     (b)  Any person desiring to be certified as a contractor
538shall apply to the department in writing and must meet the
539following criteria: to take the certification examination.
540     (2)(a)  A person shall be entitled to take the
541certification examination for the purpose of determining whether
542he or she is qualified to engage in contracting throughout the
543state as a contractor if the person:
544     1.  Is at least 18 years of age;
545     1.2.  Be Is of good moral character;
546     2.  Pass the certification examination, achieving a passing
547grade as established by board rule; and
548     3.  Meet Meets eligibility requirements according to one of
549the following criteria:
550     a.  Has, within the 6 years immediately preceding the
551filing of the application, at least 3 years' proven management
552experience in the trade or education equivalent thereto, or a
553combination thereof, but not more than one-half of such
554experience may be educational equivalent;
555     b.  Has, within the 8 years immediately preceding the
556filing of the application, at least 4 years' experience as a
557supervisor or contractor in the trade for which he or she is
558making application;
559     c.  Has, within the 12 years immediately preceding the
560filing of the application, at least 6 years of comprehensive
561training, technical education, or supervisory experience
562associated with an electrical or alarm system contracting
563business, or at least 6 years of technical experience in
564electrical or alarm system work with the Armed Forces or a
565governmental entity;
566     d.  Has, within the 12 years immediately preceding the
567filing of the application, been licensed for 3 years as a
568professional engineer who is qualified by education, training,
569or experience to practice electrical engineering; or
570     e.  Has any combination of qualifications under sub-
571subparagraphs a.-c. totaling 6 years of experience.
572     (c)(b)  For purposes of this subsection, "supervisor" means
573a person having the experience gained while having the general
574duty of overseeing the technical duties of the trade, provided
575that such experience is gained by a person who is able to
576perform the technical duties of the trade without supervision.
577     (d)(c)  For purposes of this subsection, at least 40
578percent of the work experience for an alarm system contractor I
579must be in the types of fire alarm systems typically used in a
580commercial setting.
581     (2)(3)  The board may determine by rule the number of times
582per year the applicant may take the examination and after three
583unsuccessful attempts may On or after October 1, 1998, every
584applicant who is qualified shall be allowed to take the
585examination three times, notwithstanding the number of times the
586applicant has previously failed the examination. If an applicant
587fails the examination three times after October 1, 1998, the
588board shall require the applicant to complete additional
589college-level or technical education courses in the areas of
590deficiency, as determined by the board, as a condition of future
591eligibility to take the examination. The applicant must also
592submit a new application that meets all certification
593requirements at the time of its submission and must pay all
594appropriate fees.
595     (3)(4)(a)  "Good moral character" means a personal history
596of honesty, fairness, and respect for the rights of others and
597for laws of this state and nation.
598     (b)  The board may determine that an individual applying
599for certification is ineligible to take the examination for
600failure to satisfy the requirement of good moral character only
601if:
602     1.  There is a substantial connection between the lack of
603good moral character of the individual and the professional
604responsibilities of a certified contractor; and
605     2.  The finding by the board of lack of good moral
606character is supported by clear and convincing evidence.
607     (c)  When an individual is found to be unqualified for
608certification examination because of a lack of good moral
609character, the board shall furnish such individual a statement
610containing the findings of the board, a complete record of the
611evidence upon which the determination was based, and a notice of
612the rights of the individual to a rehearing and appeal.
613     (4)(5)  The board shall, by rule, designate those types of
614specialty electrical or alarm system contractors who may be
615certified under this part. The limit of the scope of work and
616responsibility of a certified specialty contractor shall be
617established by board rule. A certified specialty contractor
618category exists as an optional statewide licensing category.
619Qualification for certification in a specialty category created
620by rule shall be the same as set forth in paragraph (1)(b)
621(2)(a). The existence of a specialty category created by rule
622does not itself create any licensing requirement; however,
623neither does its optional nature remove any licensure
624requirement established elsewhere in this part.
625     (5)(6)  The board shall certify as qualified for
626certification by endorsement any individual applying for
627certification who:
628     (a)  Meets the requirements for certification as set forth
629in this section; has passed a national, regional, state, or
630United States territorial licensing examination that is
631substantially equivalent to the examination required by this
632part; and has satisfied the requirements set forth in s.
633489.521; or
634     (b)  Holds a valid license to practice electrical or alarm
635system contracting issued by another state or territory of the
636United States, if the criteria for issuance of such license was
637substantially equivalent to the certification criteria that
638existed in this state at the time the certificate was issued.
639     (6)(7)  Upon the issuance of a certificate, any previously
640issued registered licenses for the classification in which the
641certification is issued are rendered void.
642     Section 19.  Paragraph (b) of subsection (1) of section
643489.515, Florida Statutes, is amended to read:
644     489.515  Issuance of certificates; registrations.--
645     (1)
646     (b)  The board shall certify as qualified for certification
647any person who satisfies the requirements of s. 489.511, who
648successfully passes the certification examination administered
649by the department, achieving a passing grade as established by
650board rule, and who submits satisfactory evidence that he or she
651has obtained both workers' compensation insurance or an
652acceptable exemption certificate issued by the department and
653public liability and property damage insurance for the health,
654safety, and welfare of the public in amounts determined by rule
655of the board, and furnishes evidence of financial
656responsibility, credit, and business reputation of either
657himself or herself or the business organization he or she
658desires to qualify.
659     Section 20.  Section 494.008, Florida Statutes, is amended
660to read:
661     494.008  Mortgages offered by land developers licensed
662pursuant to the Florida Uniform Land Sales Practices Law;
663requirements; prohibitions.--No mortgage loan which has a face
664amount of $35,000 or less and is secured by vacant land
665registered under the Florida Uniform Land Sales Practices Law,
666chapter 498, shall be sold to a mortgagee, except a financial
667institution, by any person unless all of the following
668requirements are met:
669     (1)  Each mortgage securing a note or other obligation sold
670or offered for sale shall be eligible for a recordation as a
671first mortgage.
672     (2)  Each mortgage negotiated pursuant to this section must
673include a mortgagee's title insurance policy or an opinion of
674title, from an attorney who is licensed to practice law in this
675state, on each parcel of land which is described in the
676mortgage. The policy or opinion shall reflect that there are no
677other mortgages on the property. A notice stating the priority
678of the mortgage shall be placed on the face of each mortgage in
679an amount over $35,000 issued pursuant to this section.
680     (3)  Contracts to purchase a mortgage loan shall contain,
681immediately above the purchaser's signature line, the statement
682in 10-point boldfaced type: "This mortgage is secured by vacant
683land subject to development at a future time." This statement
684shall also be typed or printed in 10-point type on the face of
685the note and mortgage sold.
686     (4)  The most recent assessment for tax purposes made by
687the county property appraiser of each parcel of land described
688in the mortgage shall be furnished to each mortgagee.
689     (5)  The mortgage broker shall record or cause to be
690recorded all mortgages or other similar documents prior to
691delivery of the note and mortgage to the mortgagee.
692     (6)  All funds received by the mortgage broker pursuant to
693this section shall promptly be deposited in the broker's trust
694account where they shall remain until the note and mortgage are
695fully executed and recorded.
696     (7)  Willful failure to comply with any of the above
697provisions shall subject the person to the penalties of s.
698494.05.
699     Section 21.  Section 498.009, Florida Statutes, is
700renumbered as section 718.50152, Florida Statutes.
701     Section 22.  Section 498.011, Florida Statutes, is
702renumbered as section 718.50153, Florida Statutes, and amended
703to read:
704     718.50153 498.011  Payment of per diem, mileage, and other
705expenses to division employees.--The amount of per diem and
706mileage and expense money paid to employees shall be as provided
707in s. 112.061, except that the division shall establish by rule
708the standards for reimbursement of actual verified expenses
709incurred in connection with an on-site review inspection or
710investigation of subdivided lands.
711     Section 23.  Section 498.013, Florida Statutes, is
712renumbered as section 718.50154, Florida Statutes.
713     Section 24.  Section 498.022, Florida Statutes, is
714renumbered as section 501.2076, Florida Statutes, and amended to
715read:
716     501.2076 498.022  Prohibitions on the sale of subdivided
717lands Jurisdiction over fraudulent acts.--
718     (1)  It shall be unlawful and a violation of this part
719chapter for a person to offer or dispose of 5 or more lots,
720parcels, units, or interests in a subdivision, and to:
721     (a)  Employ any device, scheme, or artifice to defraud.
722     (b)  Obtain money or property by means of a false statement
723of a material fact, or the failure to state a material fact
724which makes the statement misleading in light of the
725circumstances and the context of the overall transaction, with
726respect to any information pertinent to the transaction.
727     (c)  Engage in any transaction, practice, or course of
728business which operates or would operate as a fraud or deceit
729upon a purchaser.
730     (d)  Make any false, fictitious, or fraudulent statement or
731representation, or make or use any false writing or document
732knowing the same to contain any false, fictitious, or fraudulent
733statement or entry.
734     (e)  Falsify, conceal, or cover up, by any trick, scheme,
735or device, a material fact.
736     (f)  Dispose of, conceal, or divert any funds or assets of
737any person so as to substantially and adversely affect the
738interest of a purchaser.
739     (2)  Those persons qualifying for exemptions pursuant to s.
740498.025 shall not be exempt from the provisions of this section,
741and the division shall have the authority to use any powers
742granted to it by this chapter to prevent, investigate, or punish
743any violation of this section.
744     (3)  Any violation of the provisions of subsection (1)
745shall give to any purchaser of the lots, units, or interests the
746same rights the purchasers would have under s. 498.061, as if
747the lots, units, or interests were "subdivided lands" as defined
748in s. 498.005(21).
749     (2)(4)  Notwithstanding any other provision of this
750chapter, The term "subdivision" or "subdivided lands" as used in
751this section means any contiguous land which is divided or is
752proposed to be divided for the purpose of disposition into 25 or
753more lots, parcels, units, or interests and also includes any
754land, whether contiguous or not, which is divided or proposed to
755be divided into 25 or more lots, parcels, units, or interests
756which are offered as a part of a common promotional plan.
757     (3)  For the purposes of this section, the term "common
758promotional plan" means an offering of subdivided lands by a
759person in a similar plan of disposition. Elements relevant to
760whether the subdivided lands are being offered as part of a
761common promotional plan include, but are not limited to: the
762physical relationship of the properties being offered; whether
763the offered properties are known, designated, or advertised as a
764common unit or by a common name; the utilization of a common
765broker or sales personnel, common sales office or facilities, or
766common promotional methods; the utilization of cross-referrals
767of prospective purchasers between sales operations; and common
768ownership interests.
769     (4)(5)  Any willful violation of the provisions of
770subsection (1) shall be a felony of the third degree, punishable
771as provided in s. 775.082, s. 775.083, or s. 775.084.
772     Section 25.  Section 498.057, Florida Statutes, is
773renumbered as section 718.50155, Florida Statutes, and amended,
774to read:
775     718.50155 498.057  Service of process.--
776     (1)  In addition to the methods of service provided for in
777the Florida Rules of Civil Procedure and the Florida Statutes,
778service may be made and by delivering a copy of the process to
779the director of the division, which shall be binding upon the
780defendant or respondent if:
781     (a)  The division plaintiff, which is acting as the
782petitioner or plaintiff may be the division, immediately sends a
783copy of the process and of the pleading by certified mail to the
784defendant or respondent at his or her last known address;, and
785     (b)  The division plaintiff files an affidavit of
786compliance with this section on or before the return date of the
787process or within the time set by the court.
788     (2)  If any person, including any nonresident of this
789state, allegedly engages in conduct prohibited by this chapter,
790or any rule or order of the division, and has not filed a
791consent to service of process, and personal jurisdiction over
792him or her cannot otherwise be obtained in this state, the
793director shall be authorized to receive service of process in
794any noncriminal proceeding against that person or his or her
795successor which grows out of the conduct and which is brought by
796the division under this chapter or any rule or order of the
797division. The process shall have the same force and validity as
798if personally served. Notice shall be given as provided in
799subsection (1).
800     Section 26.  Sections 498.001, 498.003, 498.005, 498.007,
801498.017, 498.021, 498.023, 498.024, 498.025, 498.027, 498.028,
802498.029, 498.031, 498.033, 498.035, 498.037, 498.039, 498.041,
803498.047, 498.049, 498.051, 498.053, 498.059, 498.061, and
804498.063, Florida Statutes, are repealed.
805     Section 27.  Section 509.512, Florida Statutes, is amended
806to read:
807     509.512  Timeshare plan developer and exchange company
808exemption.--Sections 509.501-509.511 do not apply to a developer
809of a timeshare plan or an exchange company approved by the
810Division of Florida Land Sales, Condominiums, Timeshares, and
811Mobile Homes pursuant to chapter 721, but only to the extent
812that the developer or exchange company engages in conduct
813regulated under chapter 721.
814     Section 28.  Paragraph (a) of subsection (2) of section
815517.301, Florida Statutes, is amended to read:
816     517.301  Fraudulent transactions; falsification or
817concealment of facts.--
818     (2)  For purposes of ss. 517.311 and 517.312 and this
819section, the term "investment" means any commitment of money or
820property principally induced by a representation that an
821economic benefit may be derived from such commitment, except
822that the term "investment" does not include a commitment of
823money or property for:
824     (a)  The purchase of a business opportunity, business
825enterprise, or real property through a person licensed under
826chapter 475 or registered under chapter 718 498; or
827     Section 29.  Subsection (4) of section 548.0065, Florida
828Statutes, is amended to read:
829     548.0065  Amateur matches; sanctioning and supervision;
830health and safety standards; compliance checks; continuation,
831suspension, and revocation of sanctioning approval.--
832     (4)  Any member of the commission or the executive director
833of the commission may suspend the approval of an amateur
834sanctioning organization for failure to supervise amateur
835matches or to enforce the approved health and safety standards
836required under this chapter, provided that the suspension
837complies with the procedures for summary suspensions in s.
838120.60(6). At any amateur boxing, or kickboxing, or mixed
839martial arts contest, any member of the commission or a
840representative of the commission may immediately suspend one or
841more matches in an event whenever it appears that the match or
842matches violate the health and safety standards established by
843rule as required by this chapter. A law enforcement officer may
844assist any member of the commission or a representative of the
845commission to enforce an order to stop a contest if called upon
846to do so by a member of the commission or a representative of
847the commission.
848     Section 30.  Subsections (2), (3), and (4) of section
849548.008, Florida Statutes, are amended to read:
850     548.008  Prohibited competitions.--
851     (2)  No amateur mixed martial arts match may be held in
852this state.
853     (2)(3)  No professional match may be held in this state
854unless it meets the requirements for holding the match as
855provided in this chapter and the rules adopted by the
856commission.
857     (3)(4)(a)  Any person participating in a match prohibited
858under this section, knowing the match to be prohibited, commits
859a misdemeanor of the second degree, punishable as provided in s.
860775.082 or s. 775.083.
861     (b)  Any person holding, promoting, or sponsoring a match
862prohibited under this section commits a felony of the third
863degree, punishable as provided in s. 775.082, s. 775.083, or s.
864775.084.
865     Section 31.  Paragraph (h) of subsection (1) of section
866559.935, Florida Statutes, is amended to read:
867     559.935  Exemptions.--
868     (1)  This part does not apply to:
869     (h)  A developer of a timeshare plan or an exchange company
870approved by the Division of Florida Land Sales, Condominiums,
871Timeshares, and Mobile Homes pursuant to chapter 721, but only
872to the extent that the developer or exchange company engages in
873conduct regulated under chapter 721; or
874     Section 32.  Subsection (17) of section 718.103, Florida
875Statutes, is amended to read:
876     718.103  Definitions.--As used in this chapter, the term:
877     (17)  "Division" means the Division of Florida Land Sales,
878Condominiums, Timeshares, and Mobile Homes of the Department of
879Business and Professional Regulation.
880     Section 33.  Paragraph (c) of subsection (4) of section
881718.105, Florida Statutes, is amended to read:
882     718.105  Recording of declaration.--
883     (4)
884     (c)  If the sum of money held by the clerk has not been
885paid to the developer or association as provided in paragraph
886(b) by 3 years after the date the declaration was originally
887recorded, the clerk in his or her discretion may notify, in
888writing, the registered agent of the association that the sum is
889still available and the purpose for which it was deposited. If
890the association does not record the certificate within 90 days
891after the clerk has given the notice, the clerk may disburse the
892money to the developer. If the developer cannot be located, the
893clerk shall disburse the money to the Division of Florida Land
894Sales, Condominiums, Timeshares, and Mobile Homes for deposit in
895the Division of Florida Land Sales, Condominiums, Timeshares,
896and Mobile Homes Trust Fund.
897     Section 34.  Paragraph (f) of subsection (2) of section
898718.112, Florida Statutes, is amended to read:
899     718.112  Bylaws.--
900     (2)  REQUIRED PROVISIONS.--The bylaws shall provide for the
901following and, if they do not do so, shall be deemed to include
902the following:
903     (f)  Annual budget.--
904     1.  The proposed annual budget of common expenses shall be
905detailed and shall show the amounts budgeted by accounts and
906expense classifications, including, if applicable, but not
907limited to, those expenses listed in s. 718.504(21). The annual
908budget shall be adopted prior to the beginning of the fiscal
909year. A multicondominium association shall adopt a separate
910budget of common expenses for each condominium the association
911operates and shall adopt a separate budget of common expenses
912for the association. In addition, if the association maintains
913limited common elements with the cost to be shared only by those
914entitled to use the limited common elements as provided for in
915s. 718.113(1), the budget or a schedule attached thereto shall
916show amounts budgeted therefor. If, after turnover of control of
917the association to the unit owners, any of the expenses listed
918in s. 718.504(21) are not applicable, they need not be listed.
919     2.  In addition to annual operating expenses, the budget
920shall include reserve accounts for capital expenditures and
921deferred maintenance. These accounts shall include, but are not
922limited to, roof replacement, building painting, and pavement
923resurfacing, regardless of the amount of deferred maintenance
924expense or replacement cost, and for any other item for which
925the deferred maintenance expense or replacement cost exceeds
926$10,000. The amount to be reserved shall be computed by means of
927a formula which is based upon estimated remaining useful life
928and estimated replacement cost or deferred maintenance expense
929of each reserve item. The association may adjust replacement
930reserve assessments annually to take into account any changes in
931estimates or extension of the useful life of a reserve item
932caused by deferred maintenance. This subsection does not apply
933to an adopted budget in which the members of an association have
934determined, by a majority vote at a duly called meeting of the
935association, to provide no reserves or less reserves than
936required by this subsection. However, prior to turnover of
937control of an association by a developer to unit owners other
938than a developer pursuant to s. 718.301, the developer may vote
939to waive the reserves or reduce the funding of reserves for the
940first 2 fiscal years of the association's operation, beginning
941with the fiscal year in which the initial declaration is
942recorded, after which time reserves may be waived or reduced
943only upon the vote of a majority of all nondeveloper voting
944interests voting in person or by limited proxy at a duly called
945meeting of the association. If a meeting of the unit owners has
946been called to determine whether to waive or reduce the funding
947of reserves, and no such result is achieved or a quorum is not
948attained, the reserves as included in the budget shall go into
949effect. After the turnover, the developer may vote its voting
950interest to waive or reduce the funding of reserves.
951     3.  Reserve funds and any interest accruing thereon shall
952remain in the reserve account or accounts, and shall be used
953only for authorized reserve expenditures unless their use for
954other purposes is approved in advance by a majority vote at a
955duly called meeting of the association. Prior to turnover of
956control of an association by a developer to unit owners other
957than the developer pursuant to s. 718.301, the developer-
958controlled association shall not vote to use reserves for
959purposes other than that for which they were intended without
960the approval of a majority of all nondeveloper voting interests,
961voting in person or by limited proxy at a duly called meeting of
962the association.
963     4.  The only voting interests which are eligible to vote on
964questions that involve waiving or reducing the funding of
965reserves, or using existing reserve funds for purposes other
966than purposes for which the reserves were intended, are the
967voting interests of the units subject to assessment to fund the
968reserves in question.
969     Section 35.  Subsection (4) of section 718.1255, Florida
970Statutes, is amended to read:
971     718.1255  Alternative dispute resolution; voluntary
972mediation; mandatory nonbinding arbitration; legislative
973findings.--
974     (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
975DISPUTES.--The Division of Florida Land Sales, Condominiums,
976Timeshares, and Mobile Homes of the Department of Business and
977Professional Regulation shall employ full-time attorneys to act
978as arbitrators to conduct the arbitration hearings provided by
979this chapter. The division may also certify attorneys who are
980not employed by the division to act as arbitrators to conduct
981the arbitration hearings provided by this section. No person may
982be employed by the department as a full-time arbitrator unless
983he or she is a member in good standing of The Florida Bar. The
984department shall promulgate rules of procedure to govern such
985arbitration hearings including mediation incident thereto. The
986decision of an arbitrator shall be final; however, such a
987decision shall not be deemed final agency action. Nothing in
988this provision shall be construed to foreclose parties from
989proceeding in a trial de novo unless the parties have agreed
990that the arbitration is binding. If such judicial proceedings
991are initiated, the final decision of the arbitrator shall be
992admissible in evidence in the trial de novo.
993     (a)  Prior to the institution of court litigation, a party
994to a dispute shall petition the division for nonbinding
995arbitration. The petition must be accompanied by a filing fee in
996the amount of $50. Filing fees collected under this section must
997be used to defray the expenses of the alternative dispute
998resolution program.
999     (b)  The petition must recite, and have attached thereto,
1000supporting proof that the petitioner gave the respondents:
1001     1.  Advance written notice of the specific nature of the
1002dispute;
1003     2.  A demand for relief, and a reasonable opportunity to
1004comply or to provide the relief; and
1005     3.  Notice of the intention to file an arbitration petition
1006or other legal action in the absence of a resolution of the
1007dispute.
1008
1009Failure to include the allegations or proof of compliance with
1010these prerequisites requires dismissal of the petition without
1011prejudice.
1012     (c)  Upon receipt, the petition shall be promptly reviewed
1013by the division to determine the existence of a dispute and
1014compliance with the requirements of paragraphs (a) and (b). If
1015emergency relief is required and is not available through
1016arbitration, a motion to stay the arbitration may be filed. The
1017motion must be accompanied by a verified petition alleging facts
1018that, if proven, would support entry of a temporary injunction,
1019and if an appropriate motion and supporting papers are filed,
1020the division may abate the arbitration pending a court hearing
1021and disposition of a motion for temporary injunction.
1022     (d)  Upon determination by the division that a dispute
1023exists and that the petition substantially meets the
1024requirements of paragraphs (a) and (b) and any other applicable
1025rules, a copy of the petition shall forthwith be served by the
1026division upon all respondents.
1027     (e)  Either before or after the filing of the respondents'
1028answer to the petition, any party may request that the
1029arbitrator refer the case to mediation under this section and
1030any rules adopted by the division. Upon receipt of a request for
1031mediation, the division shall promptly contact the parties to
1032determine if there is agreement that mediation would be
1033appropriate. If all parties agree, the dispute must be referred
1034to mediation. Notwithstanding a lack of an agreement by all
1035parties, the arbitrator may refer a dispute to mediation at any
1036time.
1037     (f)  Upon referral of a case to mediation, the parties must
1038select a mutually acceptable mediator. To assist in the
1039selection, the arbitrator shall provide the parties with a list
1040of both volunteer and paid mediators that have been certified by
1041the division under s. 718.501. If the parties are unable to
1042agree on a mediator within the time allowed by the arbitrator,
1043the arbitrator shall appoint a mediator from the list of
1044certified mediators. If a case is referred to mediation, the
1045parties shall attend a mediation conference, as scheduled by the
1046parties and the mediator. If any party fails to attend a duly
1047noticed mediation conference, without the permission or approval
1048of the arbitrator or mediator, the arbitrator must impose
1049sanctions against the party, including the striking of any
1050pleadings filed, the entry of an order of dismissal or default
1051if appropriate, and the award of costs and attorneys' fees
1052incurred by the other parties. Unless otherwise agreed to by the
1053parties or as provided by order of the arbitrator, a party is
1054deemed to have appeared at a mediation conference by the
1055physical presence of the party or its representative having full
1056authority to settle without further consultation, provided that
1057an association may comply by having one or more representatives
1058present with full authority to negotiate a settlement and
1059recommend that the board of administration ratify and approve
1060such a settlement within 5 days from the date of the mediation
1061conference. The parties shall share equally the expense of
1062mediation, unless they agree otherwise.
1063     (g)  The purpose of mediation as provided for by this
1064section is to present the parties with an opportunity to resolve
1065the underlying dispute in good faith, and with a minimum
1066expenditure of time and resources.
1067     (h)  Mediation proceedings must generally be conducted in
1068accordance with the Florida Rules of Civil Procedure, and these
1069proceedings are privileged and confidential to the same extent
1070as court-ordered mediation. Persons who are not parties to the
1071dispute are not allowed to attend the mediation conference
1072without the consent of all parties, with the exception of
1073counsel for the parties and corporate representatives designated
1074to appear for a party. If the mediator declares an impasse after
1075a mediation conference has been held, the arbitration proceeding
1076terminates, unless all parties agree in writing to continue the
1077arbitration proceeding, in which case the arbitrator's decision
1078shall be either binding or nonbinding, as agreed upon by the
1079parties; in the arbitration proceeding, the arbitrator shall not
1080consider any evidence relating to the unsuccessful mediation
1081except in a proceeding to impose sanctions for failure to appear
1082at the mediation conference. If the parties do not agree to
1083continue arbitration, the arbitrator shall enter an order of
1084dismissal, and either party may institute a suit in a court of
1085competent jurisdiction. The parties may seek to recover any
1086costs and attorneys' fees incurred in connection with
1087arbitration and mediation proceedings under this section as part
1088of the costs and fees that may be recovered by the prevailing
1089party in any subsequent litigation.
1090     (i)  Arbitration shall be conducted according to rules
1091promulgated by the division. The filing of a petition for
1092arbitration shall toll the applicable statute of limitations.
1093     (j)  At the request of any party to the arbitration, such
1094arbitrator shall issue subpoenas for the attendance of witnesses
1095and the production of books, records, documents, and other
1096evidence and any party on whose behalf a subpoena is issued may
1097apply to the court for orders compelling such attendance and
1098production. Subpoenas shall be served and shall be enforceable
1099in the manner provided by the Florida Rules of Civil Procedure.
1100Discovery may, in the discretion of the arbitrator, be permitted
1101in the manner provided by the Florida Rules of Civil Procedure.
1102Rules adopted by the division may authorize any reasonable
1103sanctions except contempt for a violation of the arbitration
1104procedural rules of the division or for the failure of a party
1105to comply with a reasonable nonfinal order issued by an
1106arbitrator which is not under judicial review.
1107     (k)  The arbitration decision shall be presented to the
1108parties in writing. An arbitration decision is final in those
1109disputes in which the parties have agreed to be bound. An
1110arbitration decision is also final if a complaint for a trial de
1111novo is not filed in a court of competent jurisdiction in which
1112the condominium is located within 30 days. The right to file for
1113a trial de novo entitles the parties to file a complaint in the
1114appropriate trial court for a judicial resolution of the
1115dispute. The prevailing party in an arbitration proceeding shall
1116be awarded the costs of the arbitration and reasonable
1117attorney's fees in an amount determined by the arbitrator. Such
1118an award shall include the costs and reasonable attorney's fees
1119incurred in the arbitration proceeding as well as the costs and
1120reasonable attorney's fees incurred in preparing for and
1121attending any scheduled mediation.
1122     (l)  The party who files a complaint for a trial de novo
1123shall be assessed the other party's arbitration costs, court
1124costs, and other reasonable costs, including attorney's fees,
1125investigation expenses, and expenses for expert or other
1126testimony or evidence incurred after the arbitration hearing if
1127the judgment upon the trial de novo is not more favorable than
1128the arbitration decision. If the judgment is more favorable, the
1129party who filed a complaint for trial de novo shall be awarded
1130reasonable court costs and attorney's fees.
1131     (m)  Any party to an arbitration proceeding may enforce an
1132arbitration award by filing a petition in a court of competent
1133jurisdiction in which the condominium is located. A petition may
1134not be granted unless the time for appeal by the filing of a
1135complaint for trial de novo has expired. If a complaint for a
1136trial de novo has been filed, a petition may not be granted with
1137respect to an arbitration award that has been stayed. If the
1138petition for enforcement is granted, the petitioner shall
1139recover reasonable attorney's fees and costs incurred in
1140enforcing the arbitration award. A mediation settlement may also
1141be enforced through the county or circuit court, as applicable,
1142and any costs and fees incurred in the enforcement of a
1143settlement agreement reached at mediation must be awarded to the
1144prevailing party in any enforcement action.
1145     Section 36.  Section 718.501, Florida Statutes, is amended
1146to read:
1147     718.501  Powers and duties of Division of Florida Land
1148Sales, Condominiums, Timeshares, and Mobile Homes.--
1149     (1)  The Division of Florida Land Sales, Condominiums,
1150Timeshares, and Mobile Homes of the Department of Business and
1151Professional Regulation, referred to as the "division" in this
1152part, in addition to other powers and duties prescribed by
1153chapter 498, has the power to enforce and ensure compliance with
1154the provisions of this chapter and rules promulgated pursuant
1155hereto relating to the development, construction, sale, lease,
1156ownership, operation, and management of residential condominium
1157units. In performing its duties, the division has the following
1158powers and duties:
1159     (a)1.  The division may make necessary public or private
1160investigations within or outside this state to determine whether
1161any person has violated this chapter or any rule or order
1162hereunder, to aid in the enforcement of this chapter, or to aid
1163in the adoption of rules or forms hereunder.
1164     2.  The division may submit any official written report,
1165worksheet, or other related paper, or a duly certified copy
1166thereof, compiled, prepared, drafted, or otherwise made by and
1167duly authenticated by a financial examiner or analyst to be
1168admitted as competent evidence in any hearing in which the
1169financial examiner or analyst is available for cross-examination
1170and attests to under oath that such documents were prepared as a
1171result of an examination or inspection conducted pursuant to the
1172authority of this chapter.
1173     (b)  The division may require or permit any person to file
1174a statement in writing, under oath or otherwise, as the division
1175determines, as to the facts and circumstances concerning a
1176matter to be investigated.
1177     (c)  For the purpose of any investigation under this
1178chapter, the division director or any officer or employee
1179designated by the division director may administer oaths or
1180affirmations, subpoena witnesses and compel their attendance,
1181take evidence, and require the production of any matter which is
1182relevant to the investigation, including the existence,
1183description, nature, custody, condition, and location of any
1184books, documents, or other tangible things and the identity and
1185location of persons having knowledge of relevant facts or any
1186other matter reasonably calculated to lead to the discovery of
1187material evidence. Upon the failure by a person to obey a
1188subpoena or to answer questions propounded by the investigating
1189officer and upon reasonable notice to all persons affected
1190thereby, the division may apply to the circuit court for an
1191order compelling compliance.
1192     (d)  Notwithstanding any remedies available to unit owners
1193and associations, if the division has reasonable cause to
1194believe that a violation of any provision of this chapter or
1195rule promulgated pursuant hereto has occurred, the division may
1196institute enforcement proceedings in its own name against any
1197developer, association, officer, or member of the board of
1198administration, or its assignees or agents, as follows:
1199     1.  The division may permit a person whose conduct or
1200actions may be under investigation to waive formal proceedings
1201and enter into a consent proceeding whereby orders, rules, or
1202letters of censure or warning, whether formal or informal, may
1203be entered against the person.
1204     2.a.  The division may issue an order requiring the
1205developer, association, officer, or member of the board of
1206administration, or its assignees or agents, to cease and desist
1207from the unlawful practice and take such affirmative action as
1208in the judgment of the division will carry out the purposes of
1209this chapter. Such affirmative action may include, but is not
1210limited to:,
1211     (I)  Requiring developers an order requiring a developer to
1212pay moneys determined to be owed to a condominium association;
1213     (II)  Notifying purchasers of condominium units who have a
1214rescission right that they may elect to rescind the purchase
1215transaction as provided by contract or by other provisions of
1216this chapter; and
1217     (III)  Establishing a trust or escrow account in a
1218financial institution located within this state to ensure the
1219payment of refunds to those purchasers who elect to rescind or
1220to ensure the conveyance of clear and marketable title to those
1221purchasers who do not elect to rescind.
1222     b.  Whenever the division finds that a developer,
1223association, officer, or member of the board of administration,
1224or its assignees or agents, is violating or is about to violate
1225any provision of this chapter, any rule adopted or order
1226promulgated by the division, or any written agreement entered
1227into with the division, and presents an immediate danger to the
1228public requiring an immediate final order, it may issue an
1229emergency cease and desist order reciting with particularity the
1230facts underlying such findings. The emergency cease and desist
1231order is effective for 90 days. If the division begins
1232nonemergency cease and desist proceedings under sub-subparagraph
1233a., the emergency cease and desist order remains effective until
1234conclusion of the proceedings under ss. 120.569 and 120.57.
1235     3.  The division may bring an action in circuit court on
1236behalf of a class of unit owners, lessees, or purchasers for
1237declaratory relief, injunctive relief, or restitution.
1238     4.  The division may petition the court for the appointment
1239of a receiver or conservator. If appointed, the receiver or
1240conservator may take action to implement the provisions of the
1241court order, to ensure the performance of the order, and to
1242remedy any breach thereof. In addition to all other means
1243provided by law for the enforcement of an injunction or
1244temporary restraining order, the circuit court may impound or
1245sequester the property of a party defendant, including books,
1246papers, documents, and records pertaining thereto, and allow the
1247examination and use of said property by the division and a
1248court-appointed receiver or conservator.
1249     5.  The division may apply to the circuit court for an
1250order of restitution whereby the defendant in an action brought
1251pursuant to subparagraph 4. shall be ordered to make restitution
1252of those sums shown by the division to have been obtained by the
1253defendant in violation of any of the provisions of this chapter.
1254Such restitution shall, at the option of the court, be payable
1255to the conservator or receiver appointed pursuant to
1256subparagraph 4. or directly to the persons whose funds or assets
1257were obtained in violation of this chapter.
1258     6.4.  The division may impose a civil penalty against a
1259developer or association, or its assignee or agent, for any
1260violation of this chapter or a rule promulgated pursuant hereto.
1261The division may impose a civil penalty individually against any
1262officer or board member who willfully and knowingly violates a
1263provision of this chapter, a rule adopted pursuant hereto, or a
1264final order of the division. The term "willfully and knowingly"
1265means that the division informed the officer or board member
1266that his or her action or intended action violates this chapter,
1267a rule adopted under this chapter, or a final order of the
1268division and that the officer or board member refused to comply
1269with the requirements of this chapter, a rule adopted under this
1270chapter, or a final order of the division. The division, prior
1271to initiating formal agency action under chapter 120, shall
1272afford the officer or board member an opportunity to voluntarily
1273comply with this chapter, a rule adopted under this chapter, or
1274a final order of the division. An officer or board member who
1275complies within 10 days is not subject to a civil penalty. A
1276penalty may be imposed on the basis of each day of continuing
1277violation, but in no event shall the penalty for any offense
1278exceed $5,000. By January 1, 1998, the division shall adopt, by
1279rule, penalty guidelines applicable to possible violations or to
1280categories of violations of this chapter or rules adopted by the
1281division. The guidelines must specify a meaningful range of
1282civil penalties for each such violation of the statute and rules
1283and must be based upon the harm caused by the violation, the
1284repetition of the violation, and upon such other factors deemed
1285relevant by the division. For example, the division may consider
1286whether the violations were committed by a developer or owner-
1287controlled association, the size of the association, and other
1288factors. The guidelines must designate the possible mitigating
1289or aggravating circumstances that justify a departure from the
1290range of penalties provided by the rules. It is the legislative
1291intent that minor violations be distinguished from those which
1292endanger the health, safety, or welfare of the condominium
1293residents or other persons and that such guidelines provide
1294reasonable and meaningful notice to the public of likely
1295penalties that may be imposed for proscribed conduct. This
1296subsection does not limit the ability of the division to
1297informally dispose of administrative actions or complaints by
1298stipulation, agreed settlement, or consent order. All amounts
1299collected shall be deposited with the Chief Financial Officer to
1300the credit of the Division of Florida Land Sales, Condominiums,
1301Timeshares, and Mobile Homes Trust Fund. If a developer fails to
1302pay the civil penalty, the division shall thereupon issue an
1303order directing that such developer cease and desist from
1304further operation until such time as the civil penalty is paid
1305or may pursue enforcement of the penalty in a court of competent
1306jurisdiction. If an association fails to pay the civil penalty,
1307the division shall thereupon pursue enforcement in a court of
1308competent jurisdiction, and the order imposing the civil penalty
1309or the cease and desist order will not become effective until 20
1310days after the date of such order. Any action commenced by the
1311division shall be brought in the county in which the division
1312has its executive offices or in the county where the violation
1313occurred.
1314     7.  In addition to the provisions of subparagraph 6., the
1315division may seek the imposition of a civil penalty through the
1316circuit court for any violation for which the division may issue
1317a notice to show cause under paragraph (q). The civil penalty
1318shall be no less than $500 and no more than $5,000 for each
1319violation. The court may also award to the prevailing party
1320court costs and reasonable attorney's fees and, in the event the
1321division prevails, may also award reasonable costs of
1322investigation.
1323     (e)  The division is authorized to prepare and disseminate
1324a prospectus and other information to assist prospective owners,
1325purchasers, lessees, and developers of residential condominiums
1326in assessing the rights, privileges, and duties pertaining
1327thereto.
1328     (f)  The division has authority to adopt rules pursuant to
1329ss. 120.536(1) and 120.54 to implement and enforce the
1330provisions of this chapter.
1331     (g)  The division shall establish procedures for providing
1332notice to an association when the division is considering the
1333issuance of a declaratory statement with respect to the
1334declaration of condominium or any related document governing in
1335such condominium community.
1336     (h)  The division shall furnish each association which pays
1337the fees required by paragraph (2)(a) a copy of this act,
1338subsequent changes to this act on an annual basis, an amended
1339version of this act as it becomes available from the Secretary
1340of State's office on a biennial basis, and the rules promulgated
1341pursuant thereto on an annual basis.
1342     (i)  The division shall annually provide each association
1343with a summary of declaratory statements and formal legal
1344opinions relating to the operations of condominiums which were
1345rendered by the division during the previous year.
1346     (j)  The division shall provide training programs for
1347condominium association board members and unit owners.
1348     (k)  The division shall maintain a toll-free telephone
1349number accessible to condominium unit owners.
1350     (l)  The division shall develop a program to certify both
1351volunteer and paid mediators to provide mediation of condominium
1352disputes. The division shall provide, upon request, a list of
1353such mediators to any association, unit owner, or other
1354participant in arbitration proceedings under s. 718.1255
1355requesting a copy of the list. The division shall include on the
1356list of volunteer mediators only the names of persons who have
1357received at least 20 hours of training in mediation techniques
1358or who have mediated at least 20 disputes. In order to become
1359initially certified by the division, paid mediators must be
1360certified by the Supreme Court to mediate court cases in either
1361county or circuit courts. However, the division may adopt, by
1362rule, additional factors for the certification of paid
1363mediators, which factors must be related to experience,
1364education, or background. Any person initially certified as a
1365paid mediator by the division must, in order to continue to be
1366certified, comply with the factors or requirements imposed by
1367rules adopted by the division.
1368     (m)  When a complaint is made, the division shall conduct
1369its inquiry with due regard to the interests of the affected
1370parties. Within 30 days after receipt of a complaint, the
1371division shall acknowledge the complaint in writing and notify
1372the complainant whether the complaint is within the jurisdiction
1373of the division and whether additional information is needed by
1374the division from the complainant. The division shall conduct
1375its investigation and shall, within 90 days after receipt of the
1376original complaint or of timely requested additional
1377information, take action upon the complaint. However, the
1378failure to complete the investigation within 90 days does not
1379prevent the division from continuing the investigation,
1380accepting or considering evidence obtained or received after 90
1381days, or taking administrative action if reasonable cause exists
1382to believe that a violation of this chapter or a rule of the
1383division has occurred. If an investigation is not completed
1384within the time limits established in this paragraph, the
1385division shall, on a monthly basis, notify the complainant in
1386writing of the status of the investigation. When reporting its
1387action to the complainant, the division shall inform the
1388complainant of any right to a hearing pursuant to ss. 120.569
1389and 120.57.
1390     (n)  The division may:
1391     1.  Contract with agencies in this state or other
1392jurisdictions to perform investigative functions; or
1393     2.  Accept grants-in-aid from any source.
1394     (o)  The division shall cooperate with similar agencies in
1395other jurisdictions to establish uniform filing procedures and
1396forms, public offering statements, advertising standards, and
1397rules and common administrative practices.
1398     (p)  The division shall consider notice to a developer to
1399be complete when it is delivered to the developer's address
1400currently on file with the division.
1401     (q)  In addition to its enforcement authority, the division
1402may issue a notice to show cause, which shall provide for a
1403hearing, upon written request, in accordance with chapter 120.
1404     (2)(a)  Effective January 1, 1992, each condominium
1405association which operates more than two units shall pay to the
1406division an annual fee in the amount of $4 for each residential
1407unit in condominiums operated by the association. If the fee is
1408not paid by March 1, then the association shall be assessed a
1409penalty of 10 percent of the amount due, and the association
1410will not have standing to maintain or defend any action in the
1411courts of this state until the amount due, plus any penalty, is
1412paid.
1413     (b)  All fees shall be deposited in the Division of Florida
1414Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
1415Fund as provided by law.
1416     Section 37.  Subsection (1) of section 718.5011, Florida
1417Statutes, is amended to read:
1418     718.5011  Ombudsman; appointment; administration.--
1419     (1)  There is created an Office of the Condominium
1420Ombudsman, to be located for administrative purposes within the
1421Division of Florida Land Sales, Condominiums, Timeshares, and
1422Mobile Homes. The functions of the office shall be funded by the
1423Division of Florida Land Sales, Condominiums, Timeshares, and
1424Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
1425of the division, and the office shall be set within the division
1426in the same manner as any other bureau is staffed and funded.
1427     Section 38.  Paragraph (a) of subsection (2) of section
1428718.502, Florida Statutes, is amended to read:
1429     718.502  Filing prior to sale or lease.--
1430     (2)(a)  Prior to filing as required by subsection (1), and
1431prior to acquiring an ownership, leasehold, or contractual
1432interest in the land upon which the condominium is to be
1433developed, a developer shall not offer a contract for purchase
1434of a unit or lease of a unit for more than 5 years. However, the
1435developer may accept deposits for reservations upon the approval
1436of a fully executed escrow agreement and reservation agreement
1437form properly filed with the Division of Florida Land Sales,
1438Condominiums, Timeshares, and Mobile Homes. Each filing of a
1439proposed reservation program shall be accompanied by a filing
1440fee of $250. Reservations shall not be taken on a proposed
1441condominium unless the developer has an ownership, leasehold, or
1442contractual interest in the land upon which the condominium is
1443to be developed. The division shall notify the developer within
144420 days of receipt of the reservation filing of any deficiencies
1445contained therein. Such notification shall not preclude the
1446determination of reservation filing deficiencies at a later
1447date, nor shall it relieve the developer of any responsibility
1448under the law. The escrow agreement and the reservation
1449agreement form shall include a statement of the right of the
1450prospective purchaser to an immediate unqualified refund of the
1451reservation deposit moneys upon written request to the escrow
1452agent by the prospective purchaser or the developer.
1453     Section 39.  Section 718.504, Florida Statutes, is amended
1454to read:
1455     718.504  Prospectus or offering circular.--Every developer
1456of a residential condominium which contains more than 20
1457residential units, or which is part of a group of residential
1458condominiums which will be served by property to be used in
1459common by unit owners of more than 20 residential units, shall
1460prepare a prospectus or offering circular and file it with the
1461Division of Florida Land Sales, Condominiums, Timeshares, and
1462Mobile Homes prior to entering into an enforceable contract of
1463purchase and sale of any unit or lease of a unit for more than 5
1464years and shall furnish a copy of the prospectus or offering
1465circular to each buyer. In addition to the prospectus or
1466offering circular, each buyer shall be furnished a separate page
1467entitled "Frequently Asked Questions and Answers," which shall
1468be in accordance with a format approved by the division and a
1469copy of the financial information required by s. 718.111. This
1470page shall, in readable language, inform prospective purchasers
1471regarding their voting rights and unit use restrictions,
1472including restrictions on the leasing of a unit; shall indicate
1473whether and in what amount the unit owners or the association is
1474obligated to pay rent or land use fees for recreational or other
1475commonly used facilities; shall contain a statement identifying
1476that amount of assessment which, pursuant to the budget, would
1477be levied upon each unit type, exclusive of any special
1478assessments, and which shall further identify the basis upon
1479which assessments are levied, whether monthly, quarterly, or
1480otherwise; shall state and identify any court cases in which the
1481association is currently a party of record in which the
1482association may face liability in excess of $100,000; and which
1483shall further state whether membership in a recreational
1484facilities association is mandatory, and if so, shall identify
1485the fees currently charged per unit type. The division shall by
1486rule require such other disclosure as in its judgment will
1487assist prospective purchasers. The prospectus or offering
1488circular may include more than one condominium, although not all
1489such units are being offered for sale as of the date of the
1490prospectus or offering circular. The prospectus or offering
1491circular must contain the following information:
1492     (1)  The front cover or the first page must contain only:
1493     (a)  The name of the condominium.
1494     (b)  The following statements in conspicuous type:
1495     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
1496MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
1497     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
1498NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
1499ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
1500MATERIALS.
1501     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
1502STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
1503PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
1504REPRESENTATIONS.
1505     (2)  Summary: The next page must contain all statements
1506required to be in conspicuous type in the prospectus or offering
1507circular.
1508     (3)  A separate index of the contents and exhibits of the
1509prospectus.
1510     (4)  Beginning on the first page of the text (not including
1511the summary and index), a description of the condominium,
1512including, but not limited to, the following information:
1513     (a)  Its name and location.
1514     (b)  A description of the condominium property, including,
1515without limitation:
1516     1.  The number of buildings, the number of units in each
1517building, the number of bathrooms and bedrooms in each unit, and
1518the total number of units, if the condominium is not a phase
1519condominium, or the maximum number of buildings that may be
1520contained within the condominium, the minimum and maximum
1521numbers of units in each building, the minimum and maximum
1522numbers of bathrooms and bedrooms that may be contained in each
1523unit, and the maximum number of units that may be contained
1524within the condominium, if the condominium is a phase
1525condominium.
1526     2.  The page in the condominium documents where a copy of
1527the plot plan and survey of the condominium is located.
1528     3.  The estimated latest date of completion of
1529constructing, finishing, and equipping. In lieu of a date, the
1530description shall include a statement that the estimated date of
1531completion of the condominium is in the purchase agreement and a
1532reference to the article or paragraph containing that
1533information.
1534     (c)  The maximum number of units that will use facilities
1535in common with the condominium. If the maximum number of units
1536will vary, a description of the basis for variation and the
1537minimum amount of dollars per unit to be spent for additional
1538recreational facilities or enlargement of such facilities. If
1539the addition or enlargement of facilities will result in a
1540material increase of a unit owner's maintenance expense or
1541rental expense, if any, the maximum increase and limitations
1542thereon shall be stated.
1543     (5)(a)  A statement in conspicuous type describing whether
1544the condominium is created and being sold as fee simple
1545interests or as leasehold interests. If the condominium is
1546created or being sold on a leasehold, the location of the lease
1547in the disclosure materials shall be stated.
1548     (b)  If timeshare estates are or may be created with
1549respect to any unit in the condominium, a statement in
1550conspicuous type stating that timeshare estates are created and
1551being sold in units in the condominium.
1552     (6)  A description of the recreational and other commonly
1553used facilities that will be used only by unit owners of the
1554condominium, including, but not limited to, the following:
1555     (a)  Each room and its intended purposes, location,
1556approximate floor area, and capacity in numbers of people.
1557     (b)  Each swimming pool, as to its general location,
1558approximate size and depths, approximate deck size and capacity,
1559and whether heated.
1560     (c)  Additional facilities, as to the number of each
1561facility, its approximate location, approximate size, and
1562approximate capacity.
1563     (d)  A general description of the items of personal
1564property and the approximate number of each item of personal
1565property that the developer is committing to furnish for each
1566room or other facility or, in the alternative, a representation
1567as to the minimum amount of expenditure that will be made to
1568purchase the personal property for the facility.
1569     (e)  The estimated date when each room or other facility
1570will be available for use by the unit owners.
1571     (f)1.  An identification of each room or other facility to
1572be used by unit owners that will not be owned by the unit owners
1573or the association;
1574     2.  A reference to the location in the disclosure materials
1575of the lease or other agreements providing for the use of those
1576facilities; and
1577     3.  A description of the terms of the lease or other
1578agreements, including the length of the term; the rent payable,
1579directly or indirectly, by each unit owner, and the total rent
1580payable to the lessor, stated in monthly and annual amounts for
1581the entire term of the lease; and a description of any option to
1582purchase the property leased under any such lease, including the
1583time the option may be exercised, the purchase price or how it
1584is to be determined, the manner of payment, and whether the
1585option may be exercised for a unit owner's share or only as to
1586the entire leased property.
1587     (g)  A statement as to whether the developer may provide
1588additional facilities not described above; their general
1589locations and types; improvements or changes that may be made;
1590the approximate dollar amount to be expended; and the maximum
1591additional common expense or cost to the individual unit owners
1592that may be charged during the first annual period of operation
1593of the modified or added facilities.
1594
1595Descriptions as to locations, areas, capacities, numbers,
1596volumes, or sizes may be stated as approximations or minimums.
1597     (7)  A description of the recreational and other facilities
1598that will be used in common with other condominiums, community
1599associations, or planned developments which require the payment
1600of the maintenance and expenses of such facilities, either
1601directly or indirectly, by the unit owners. The description
1602shall include, but not be limited to, the following:
1603     (a)  Each building and facility committed to be built.
1604     (b)  Facilities not committed to be built except under
1605certain conditions, and a statement of those conditions or
1606contingencies.
1607     (c)  As to each facility committed to be built, or which
1608will be committed to be built upon the happening of one of the
1609conditions in paragraph (b), a statement of whether it will be
1610owned by the unit owners having the use thereof or by an
1611association or other entity which will be controlled by them, or
1612others, and the location in the exhibits of the lease or other
1613document providing for use of those facilities.
1614     (d)  The year in which each facility will be available for
1615use by the unit owners or, in the alternative, the maximum
1616number of unit owners in the project at the time each of all of
1617the facilities is committed to be completed.
1618     (e)  A general description of the items of personal
1619property, and the approximate number of each item of personal
1620property, that the developer is committing to furnish for each
1621room or other facility or, in the alternative, a representation
1622as to the minimum amount of expenditure that will be made to
1623purchase the personal property for the facility.
1624     (f)  If there are leases, a description thereof, including
1625the length of the term, the rent payable, and a description of
1626any option to purchase.
1627
1628Descriptions shall include location, areas, capacities, numbers,
1629volumes, or sizes and may be stated as approximations or
1630minimums.
1631     (8)  Recreation lease or associated club membership:
1632     (a)  If any recreational facilities or other facilities
1633offered by the developer and available to, or to be used by,
1634unit owners are to be leased or have club membership associated,
1635the following statement in conspicuous type shall be included:
1636THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
1637CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
1638CONDOMINIUM. There shall be a reference to the location in the
1639disclosure materials where the recreation lease or club
1640membership is described in detail.
1641     (b)  If it is mandatory that unit owners pay a fee, rent,
1642dues, or other charges under a recreational facilities lease or
1643club membership for the use of facilities, there shall be in
1644conspicuous type the applicable statement:
1645     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
1646MANDATORY FOR UNIT OWNERS; or
1647     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
1648TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
1649     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
1650COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
1651REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
1652LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
1653     4.  A similar statement of the nature of the organization
1654or the manner in which the use rights are created, and that unit
1655owners are required to pay.
1656
1657Immediately following the applicable statement, the location in
1658the disclosure materials where the development is described in
1659detail shall be stated.
1660     (c)  If the developer, or any other person other than the
1661unit owners and other persons having use rights in the
1662facilities, reserves, or is entitled to receive, any rent, fee,
1663or other payment for the use of the facilities, then there shall
1664be the following statement in conspicuous type: THE UNIT OWNERS
1665OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
1666RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
1667following this statement, the location in the disclosure
1668materials where the rent or land use fees are described in
1669detail shall be stated.
1670     (d)  If, in any recreation format, whether leasehold, club,
1671or other, any person other than the association has the right to
1672a lien on the units to secure the payment of assessments, rent,
1673or other exactions, there shall appear a statement in
1674conspicuous type in substantially the following form:
1675     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
1676SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
1677RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
1678PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
1679     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
1680SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
1681FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
1682OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
1683THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
1684
1685Immediately following the applicable statement, the location in
1686the disclosure materials where the lien or lien right is
1687described in detail shall be stated.
1688     (9)  If the developer or any other person has the right to
1689increase or add to the recreational facilities at any time after
1690the establishment of the condominium whose unit owners have use
1691rights therein, without the consent of the unit owners or
1692associations being required, there shall appear a statement in
1693conspicuous type in substantially the following form:
1694RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
1695OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
1696statement, the location in the disclosure materials where such
1697reserved rights are described shall be stated.
1698     (10)  A statement of whether the developer's plan includes
1699a program of leasing units rather than selling them, or leasing
1700units and selling them subject to such leases. If so, there
1701shall be a description of the plan, including the number and
1702identification of the units and the provisions and term of the
1703proposed leases, and a statement in boldfaced type that: THE
1704UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
1705     (11)  The arrangements for management of the association
1706and maintenance and operation of the condominium property and of
1707other property that will serve the unit owners of the
1708condominium property, and a description of the management
1709contract and all other contracts for these purposes having a
1710term in excess of 1 year, including the following:
1711     (a)  The names of contracting parties.
1712     (b)  The term of the contract.
1713     (c)  The nature of the services included.
1714     (d)  The compensation, stated on a monthly and annual
1715basis, and provisions for increases in the compensation.
1716     (e)  A reference to the volumes and pages of the
1717condominium documents and of the exhibits containing copies of
1718such contracts.
1719
1720Copies of all described contracts shall be attached as exhibits.
1721If there is a contract for the management of the condominium
1722property, then a statement in conspicuous type in substantially
1723the following form shall appear, identifying the proposed or
1724existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
1725THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
1726CONTRACT MANAGER). Immediately following this statement, the
1727location in the disclosure materials of the contract for
1728management of the condominium property shall be stated.
1729     (12)  If the developer or any other person or persons other
1730than the unit owners has the right to retain control of the
1731board of administration of the association for a period of time
1732which can exceed 1 year after the closing of the sale of a
1733majority of the units in that condominium to persons other than
1734successors or alternate developers, then a statement in
1735conspicuous type in substantially the following form shall be
1736included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
1737RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
1738HAVE BEEN SOLD. Immediately following this statement, the
1739location in the disclosure materials where this right to control
1740is described in detail shall be stated.
1741     (13)  If there are any restrictions upon the sale,
1742transfer, conveyance, or leasing of a unit, then a statement in
1743conspicuous type in substantially the following form shall be
1744included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
1745CONTROLLED. Immediately following this statement, the location
1746in the disclosure materials where the restriction, limitation,
1747or control on the sale, lease, or transfer of units is described
1748in detail shall be stated.
1749     (14)  If the condominium is part of a phase project, the
1750following information shall be stated:
1751     (a)  A statement in conspicuous type in substantially the
1752following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
1753UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
1754this statement, the location in the disclosure materials where
1755the phasing is described shall be stated.
1756     (b)  A summary of the provisions of the declaration which
1757provide for the phasing.
1758     (c)  A statement as to whether or not residential buildings
1759and units which are added to the condominium may be
1760substantially different from the residential buildings and units
1761originally in the condominium. If the added residential
1762buildings and units may be substantially different, there shall
1763be a general description of the extent to which such added
1764residential buildings and units may differ, and a statement in
1765conspicuous type in substantially the following form shall be
1766included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
1767MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
1768UNITS IN THE CONDOMINIUM. Immediately following this statement,
1769the location in the disclosure materials where the extent to
1770which added residential buildings and units may substantially
1771differ is described shall be stated.
1772     (d)  A statement of the maximum number of buildings
1773containing units, the maximum and minimum numbers of units in
1774each building, the maximum number of units, and the minimum and
1775maximum square footage of the units that may be contained within
1776each parcel of land which may be added to the condominium.
1777     (15)  If a condominium created on or after July 1, 2000, is
1778or may become part of a multicondominium, the following
1779information must be provided:
1780     (a)  A statement in conspicuous type in substantially the
1781following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
1782MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
1783(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
1784this statement, the location in the prospectus or offering
1785circular and its exhibits where the multicondominium aspects of
1786the offering are described must be stated.
1787     (b)  A summary of the provisions in the declaration,
1788articles of incorporation, and bylaws which establish and
1789provide for the operation of the multicondominium, including a
1790statement as to whether unit owners in the condominium will have
1791the right to use recreational or other facilities located or
1792planned to be located in other condominiums operated by the same
1793association, and the manner of sharing the common expenses
1794related to such facilities.
1795     (c)  A statement of the minimum and maximum number of
1796condominiums, and the minimum and maximum number of units in
1797each of those condominiums, which will or may be operated by the
1798association, and the latest date by which the exact number will
1799be finally determined.
1800     (d)  A statement as to whether any of the condominiums in
1801the multicondominium may include units intended to be used for
1802nonresidential purposes and the purpose or purposes permitted
1803for such use.
1804     (e)  A general description of the location and approximate
1805acreage of any land on which any additional condominiums to be
1806operated by the association may be located.
1807     (16)  If the condominium is created by conversion of
1808existing improvements, the following information shall be
1809stated:
1810     (a)  The information required by s. 718.616.
1811     (b)  A caveat that there are no express warranties unless
1812they are stated in writing by the developer.
1813     (17)  A summary of the restrictions, if any, to be imposed
1814on units concerning the use of any of the condominium property,
1815including statements as to whether there are restrictions upon
1816children and pets, and reference to the volumes and pages of the
1817condominium documents where such restrictions are found, or if
1818such restrictions are contained elsewhere, then a copy of the
1819documents containing the restrictions shall be attached as an
1820exhibit.
1821     (18)  If there is any land that is offered by the developer
1822for use by the unit owners and that is neither owned by them nor
1823leased to them, the association, or any entity controlled by
1824unit owners and other persons having the use rights to such
1825land, a statement shall be made as to how such land will serve
1826the condominium. If any part of such land will serve the
1827condominium, the statement shall describe the land and the
1828nature and term of service, and the declaration or other
1829instrument creating such servitude shall be included as an
1830exhibit.
1831     (19)  The manner in which utility and other services,
1832including, but not limited to, sewage and waste disposal, water
1833supply, and storm drainage, will be provided and the person or
1834entity furnishing them.
1835     (20)  An explanation of the manner in which the
1836apportionment of common expenses and ownership of the common
1837elements has been determined.
1838     (21)  An estimated operating budget for the condominium and
1839the association, and a schedule of the unit owner's expenses
1840shall be attached as an exhibit and shall contain the following
1841information:
1842     (a)  The estimated monthly and annual expenses of the
1843condominium and the association that are collected from unit
1844owners by assessments.
1845     (b)  The estimated monthly and annual expenses of each unit
1846owner for a unit, other than common expenses paid by all unit
1847owners, payable by the unit owner to persons or entities other
1848than the association, as well as to the association, including
1849fees assessed pursuant to s. 718.113(1) for maintenance of
1850limited common elements where such costs are shared only by
1851those entitled to use the limited common element, and the total
1852estimated monthly and annual expense. There may be excluded from
1853this estimate expenses which are not provided for or
1854contemplated by the condominium documents, including, but not
1855limited to, the costs of private telephone; maintenance of the
1856interior of condominium units, which is not the obligation of
1857the association; maid or janitorial services privately
1858contracted for by the unit owners; utility bills billed directly
1859to each unit owner for utility services to his or her unit;
1860insurance premiums other than those incurred for policies
1861obtained by the condominium; and similar personal expenses of
1862the unit owner. A unit owner's estimated payments for
1863assessments shall also be stated in the estimated amounts for
1864the times when they will be due.
1865     (c)  The estimated items of expenses of the condominium and
1866the association, except as excluded under paragraph (b),
1867including, but not limited to, the following items, which shall
1868be stated either as an association expense collectible by
1869assessments or as unit owners' expenses payable to persons other
1870than the association:
1871     1.  Expenses for the association and condominium:
1872     a.  Administration of the association.
1873     b.  Management fees.
1874     c.  Maintenance.
1875     d.  Rent for recreational and other commonly used
1876facilities.
1877     e.  Taxes upon association property.
1878     f.  Taxes upon leased areas.
1879     g.  Insurance.
1880     h.  Security provisions.
1881     i.  Other expenses.
1882     j.  Operating capital.
1883     k.  Reserves.
1884     l.  Fees payable to the division.
1885     2.  Expenses for a unit owner:
1886     a.  Rent for the unit, if subject to a lease.
1887     b.  Rent payable by the unit owner directly to the lessor
1888or agent under any recreational lease or lease for the use of
1889commonly used facilities, which use and payment is a mandatory
1890condition of ownership and is not included in the common expense
1891or assessments for common maintenance paid by the unit owners to
1892the association.
1893     (d)  The following statement in conspicuous type: THE
1894BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
1895ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
1896ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
1897FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
1898ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
1899CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
1900THE OFFERING.
1901     (e)  Each budget for an association prepared by a developer
1902consistent with this subsection shall be prepared in good faith
1903and shall reflect accurate estimated amounts for the required
1904items in paragraph (c) at the time of the filing of the offering
1905circular with the division, and subsequent increased amounts of
1906any item included in the association's estimated budget that are
1907beyond the control of the developer shall not be considered an
1908amendment that would give rise to rescission rights set forth in
1909s. 718.503(1)(a) or (b), nor shall such increases modify, void,
1910or otherwise affect any guarantee of the developer contained in
1911the offering circular or any purchase contract. It is the intent
1912of this paragraph to clarify existing law.
1913     (f)  The estimated amounts shall be stated for a period of
1914at least 12 months and may distinguish between the period prior
1915to the time unit owners other than the developer elect a
1916majority of the board of administration and the period after
1917that date.
1918     (22)  A schedule of estimated closing expenses to be paid
1919by a buyer or lessee of a unit and a statement of whether title
1920opinion or title insurance policy is available to the buyer and,
1921if so, at whose expense.
1922     (23)  The identity of the developer and the chief operating
1923officer or principal directing the creation and sale of the
1924condominium and a statement of its and his or her experience in
1925this field.
1926     (24)  Copies of the following, to the extent they are
1927applicable, shall be included as exhibits:
1928     (a)  The declaration of condominium, or the proposed
1929declaration if the declaration has not been recorded.
1930     (b)  The articles of incorporation creating the
1931association.
1932     (c)  The bylaws of the association.
1933     (d)  The ground lease or other underlying lease of the
1934condominium.
1935     (e)  The management agreement and all maintenance and other
1936contracts for management of the association and operation of the
1937condominium and facilities used by the unit owners having a
1938service term in excess of 1 year.
1939     (f)  The estimated operating budget for the condominium and
1940the required schedule of unit owners' expenses.
1941     (g)  A copy of the floor plan of the unit and the plot plan
1942showing the location of the residential buildings and the
1943recreation and other common areas.
1944     (h)  The lease of recreational and other facilities that
1945will be used only by unit owners of the subject condominium.
1946     (i)  The lease of facilities used by owners and others.
1947     (j)  The form of unit lease, if the offer is of a
1948leasehold.
1949     (k)  A declaration of servitude of properties serving the
1950condominium but not owned by unit owners or leased to them or
1951the association.
1952     (l)  The statement of condition of the existing building or
1953buildings, if the offering is of units in an operation being
1954converted to condominium ownership.
1955     (m)  The statement of inspection for termite damage and
1956treatment of the existing improvements, if the condominium is a
1957conversion.
1958     (n)  The form of agreement for sale or lease of units.
1959     (o)  A copy of the agreement for escrow of payments made to
1960the developer prior to closing.
1961     (p)  A copy of the documents containing any restrictions on
1962use of the property required by subsection (17).
1963     (25)  Any prospectus or offering circular complying, prior
1964to the effective date of this act, with the provisions of former
1965ss. 711.69 and 711.802 may continue to be used without amendment
1966or may be amended to comply with the provisions of this chapter.
1967     (26)  A brief narrative description of the location and
1968effect of all existing and intended easements located or to be
1969located on the condominium property other than those described
1970in the declaration.
1971     (27)  If the developer is required by state or local
1972authorities to obtain acceptance or approval of any dock or
1973marina facilities intended to serve the condominium, a copy of
1974any such acceptance or approval acquired by the time of filing
1975with the division under s. 718.502(1) or a statement that such
1976acceptance or approval has not been acquired or received.
1977     (28)  Evidence demonstrating that the developer has an
1978ownership, leasehold, or contractual interest in the land upon
1979which the condominium is to be developed.
1980     Section 40.  Section 718.508, Florida Statutes, is amended
1981to read:
1982     718.508  Regulation by Division of Hotels and
1983Restaurants.--In addition to the authority, regulation, or
1984control exercised by the Division of Florida Land Sales,
1985Condominiums, Timeshares, and Mobile Homes pursuant to this act
1986with respect to condominiums, buildings included in a
1987condominium property shall be subject to the authority,
1988regulation, or control of the Division of Hotels and Restaurants
1989of the Department of Business and Professional Regulation, to
1990the extent provided for in chapter 399.
1991     Section 41.  Section 718.509, Florida Statutes, is amended,
1992and section 498.019, Florida Statutes, is redesignated as
1993subsections (1) and (2) of section 718.509, Florida Statutes,
1994and amended, to read:
1995     718.509  Division of Florida Land Sales, Condominiums,
1996Timeshares, and Mobile Homes Trust Fund.--All funds collected by
1997the division and any amount paid for a fee or penalty under this
1998chapter shall be deposited in the State Treasury to the credit
1999of the Division of Florida Land Sales, Condominiums, and Mobile
2000Homes Trust Fund created by s. 498.019.
2001     498.019  Division of Florida Land Sales, Condominiums, and
2002Mobile Homes Trust Fund.--
2003     (1)  There is created within the State Treasury the
2004Division of Florida Land Sales, Condominiums, Timeshares, and
2005Mobile Homes Trust Fund to be used for the administration and
2006operation of this chapter and chapters 718, 719, 721, and 723 by
2007the division.
2008     (2)  All moneys collected by the division from fees, fines,
2009or penalties or from costs awarded to the division by a court or
2010administrative final order shall be paid into the Division of
2011Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2012Trust Fund. The Legislature shall appropriate funds from this
2013trust fund sufficient to carry out the provisions of this
2014chapter and the provisions of law with respect to each category
2015of business covered by this trust fund. The division shall
2016maintain separate revenue accounts in the trust fund for each of
2017the businesses regulated by the division. The division shall
2018provide for the proportionate allocation among the accounts of
2019expenses incurred by the division in the performance of its
2020duties with respect to each of these businesses. As part of its
2021normal budgetary process, the division shall prepare an annual
2022report of revenue and allocated expenses related to the
2023operation of each of these businesses which may be used to
2024determine fees charged by the division. This subsection shall
2025operate pursuant to the provisions of s. 215.20.
2026     Section 42.  Paragraph (a) of subsection (2) of section
2027718.608, Florida Statutes, is amended to read:
2028     718.608  Notice of intended conversion; time of delivery;
2029content.--
2030     (2)(a)  Each notice of intended conversion shall be dated
2031and in writing. The notice shall contain the following
2032statement, with the phrases of the following statement which
2033appear in upper case printed in conspicuous type:
2034
2035     These apartments are being converted to condominium by  
2036(name of developer)  , the developer.
2037     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2038YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2039AGREEMENT AS FOLLOWS:
2040     a.  If you have continuously been a resident of these
2041apartments during the last 180 days and your rental agreement
2042expires during the next 270 days, you may extend your rental
2043agreement for up to 270 days after the date of this notice.
2044     b.  If you have not been a continuous resident of these
2045apartments for the last 180 days and your rental agreement
2046expires during the next 180 days, you may extend your rental
2047agreement for up to 180 days after the date of this notice.
2048     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2049MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2050DATE OF THIS NOTICE.
2051     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2052you may extend your rental agreement for up to 45 days after the
2053date of this notice while you decide whether to extend your
2054rental agreement as explained above. To do so, you must notify
2055the developer in writing. You will then have the full 45 days to
2056decide whether to extend your rental agreement as explained
2057above.
2058     3.  During the extension of your rental agreement you will
2059be charged the same rent that you are now paying.
2060     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2061OF THE RENTAL AGREEMENT AS FOLLOWS:
2062     a.  If your rental agreement began or was extended or
2063renewed after May 1, 1980, and your rental agreement, including
2064extensions and renewals, has an unexpired term of 180 days or
2065less, you may cancel your rental agreement upon 30 days' written
2066notice and move. Also, upon 30 days' written notice, you may
2067cancel any extension of the rental agreement.
2068     b.  If your rental agreement was not begun or was not
2069extended or renewed after May 1, 1980, you may not cancel the
2070rental agreement without the consent of the developer. If your
2071rental agreement, including extensions and renewals, has an
2072unexpired term of 180 days or less, you may, however, upon 30
2073days' written notice cancel any extension of the rental
2074agreement.
2075     5.  All notices must be given in writing and sent by mail,
2076return receipt requested, or delivered in person to the
2077developer at this address:   (name and address of developer)  .
2078     6.  If you have continuously been a resident of these
2079apartments during the last 180 days:
2080     a.  You have the right to purchase your apartment and will
2081have 45 days to decide whether to purchase. If you do not buy
2082the unit at that price and the unit is later offered at a lower
2083price, you will have the opportunity to buy the unit at the
2084lower price. However, in all events your right to purchase the
2085unit ends when the rental agreement or any extension of the
2086rental agreement ends or when you waive this right in writing.
2087     b.  Within 90 days you will be provided purchase
2088information relating to your apartment, including the price of
2089your unit and the condition of the building. If you do not
2090receive this information within 90 days, your rental agreement
2091and any extension will be extended 1 day for each day over 90
2092days until you are given the purchase information. If you do not
2093want this rental agreement extension, you must notify the
2094developer in writing.
2095     7.  If you have any questions regarding this conversion or
2096the Condominium Act, you may contact the developer or the state
2097agency which regulates condominiums: The Division of Florida
2098Land Sales, Condominiums, Timeshares, and Mobile Homes,  
2099(Tallahassee address and telephone number of division)  .
2100     Section 43.  Subsection (17) of section 719.103, Florida
2101Statutes, is amended to read:
2102     719.103  Definitions.--As used in this chapter:
2103     (17)  "Division" means the Division of Florida Land Sales,
2104Condominiums, Timeshares, and Mobile Homes of the Department of
2105Business and Professional Regulation.
2106     Section 44.  Section 719.1255, Florida Statutes, is amended
2107to read:
2108     719.1255  Alternative resolution of disputes.--The Division
2109of Florida Land Sales, Condominiums, Timeshares, and Mobile
2110Homes of the Department of Business and Professional Regulation
2111shall provide for alternative dispute resolution in accordance
2112with s. 718.1255.
2113     Section 45.  Section 719.501, Florida Statutes, is amended
2114to read:
2115     719.501  Powers and duties of Division of Florida Land
2116Sales, Condominiums, Timeshares, and Mobile Homes.--
2117     (1)  The Division of Florida Land Sales, Condominiums,
2118Timeshares, and Mobile Homes of the Department of Business and
2119Professional Regulation, referred to as the "division" in this
2120part, in addition to other powers and duties prescribed by
2121chapter 718 498, has the power to enforce and ensure compliance
2122with the provisions of this chapter and rules promulgated
2123pursuant hereto relating to the development, construction, sale,
2124lease, ownership, operation, and management of residential
2125cooperative units. In performing its duties, the division shall
2126have the following powers and duties:
2127     (a)  The division may make necessary public or private
2128investigations within or outside this state to determine whether
2129any person has violated this chapter or any rule or order
2130hereunder, to aid in the enforcement of this chapter, or to aid
2131in the adoption of rules or forms hereunder.
2132     (b)  The division may require or permit any person to file
2133a statement in writing, under oath or otherwise, as the division
2134determines, as to the facts and circumstances concerning a
2135matter to be investigated.
2136     (c)  For the purpose of any investigation under this
2137chapter, the division director or any officer or employee
2138designated by the division director may administer oaths or
2139affirmations, subpoena witnesses and compel their attendance,
2140take evidence, and require the production of any matter which is
2141relevant to the investigation, including the existence,
2142description, nature, custody, condition, and location of any
2143books, documents, or other tangible things and the identity and
2144location of persons having knowledge of relevant facts or any
2145other matter reasonably calculated to lead to the discovery of
2146material evidence. Upon failure by a person to obey a subpoena
2147or to answer questions propounded by the investigating officer
2148and upon reasonable notice to all persons affected thereby, the
2149division may apply to the circuit court for an order compelling
2150compliance.
2151     (d)  Notwithstanding any remedies available to unit owners
2152and associations, if the division has reasonable cause to
2153believe that a violation of any provision of this chapter or
2154rule promulgated pursuant hereto has occurred, the division may
2155institute enforcement proceedings in its own name against a
2156developer, association, officer, or member of the board, or its
2157assignees or agents, as follows:
2158     1.  The division may permit a person whose conduct or
2159actions may be under investigation to waive formal proceedings
2160and enter into a consent proceeding whereby orders, rules, or
2161letters of censure or warning, whether formal or informal, may
2162be entered against the person.
2163     2.  The division may issue an order requiring the
2164developer, association, officer, or member of the board, or its
2165assignees or agents, to cease and desist from the unlawful
2166practice and take such affirmative action as in the judgment of
2167the division will carry out the purposes of this chapter. Such
2168affirmative action may include, but is not limited to, an order
2169requiring a developer to pay moneys determined to be owed to a
2170condominium association.
2171     3.  The division may bring an action in circuit court on
2172behalf of a class of unit owners, lessees, or purchasers for
2173declaratory relief, injunctive relief, or restitution.
2174     4.  The division may impose a civil penalty against a
2175developer or association, or its assignees or agents, for any
2176violation of this chapter or a rule promulgated pursuant hereto.
2177The division may impose a civil penalty individually against any
2178officer or board member who willfully and knowingly violates a
2179provision of this chapter, a rule adopted pursuant to this
2180chapter, or a final order of the division. The term "willfully
2181and knowingly" means that the division informed the officer or
2182board member that his or her action or intended action violates
2183this chapter, a rule adopted under this chapter, or a final
2184order of the division, and that the officer or board member
2185refused to comply with the requirements of this chapter, a rule
2186adopted under this chapter, or a final order of the division.
2187The division, prior to initiating formal agency action under
2188chapter 120, shall afford the officer or board member an
2189opportunity to voluntarily comply with this chapter, a rule
2190adopted under this chapter, or a final order of the division. An
2191officer or board member who complies within 10 days is not
2192subject to a civil penalty. A penalty may be imposed on the
2193basis of each day of continuing violation, but in no event shall
2194the penalty for any offense exceed $5,000. By January 1, 1998,
2195the division shall adopt, by rule, penalty guidelines applicable
2196to possible violations or to categories of violations of this
2197chapter or rules adopted by the division. The guidelines must
2198specify a meaningful range of civil penalties for each such
2199violation of the statute and rules and must be based upon the
2200harm caused by the violation, the repetition of the violation,
2201and upon such other factors deemed relevant by the division. For
2202example, the division may consider whether the violations were
2203committed by a developer or owner-controlled association, the
2204size of the association, and other factors. The guidelines must
2205designate the possible mitigating or aggravating circumstances
2206that justify a departure from the range of penalties provided by
2207the rules. It is the legislative intent that minor violations be
2208distinguished from those which endanger the health, safety, or
2209welfare of the cooperative residents or other persons and that
2210such guidelines provide reasonable and meaningful notice to the
2211public of likely penalties that may be imposed for proscribed
2212conduct. This subsection does not limit the ability of the
2213division to informally dispose of administrative actions or
2214complaints by stipulation, agreed settlement, or consent order.
2215All amounts collected shall be deposited with the Chief
2216Financial Officer to the credit of the Division of Florida Land
2217Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
2218a developer fails to pay the civil penalty, the division shall
2219thereupon issue an order directing that such developer cease and
2220desist from further operation until such time as the civil
2221penalty is paid or may pursue enforcement of the penalty in a
2222court of competent jurisdiction. If an association fails to pay
2223the civil penalty, the division shall thereupon pursue
2224enforcement in a court of competent jurisdiction, and the order
2225imposing the civil penalty or the cease and desist order shall
2226not become effective until 20 days after the date of such order.
2227Any action commenced by the division shall be brought in the
2228county in which the division has its executive offices or in the
2229county where the violation occurred.
2230     (e)  The division is authorized to prepare and disseminate
2231a prospectus and other information to assist prospective owners,
2232purchasers, lessees, and developers of residential cooperatives
2233in assessing the rights, privileges, and duties pertaining
2234thereto.
2235     (f)  The division has authority to adopt rules pursuant to
2236ss. 120.536(1) and 120.54 to implement and enforce the
2237provisions of this chapter.
2238     (g)  The division shall establish procedures for providing
2239notice to an association when the division is considering the
2240issuance of a declaratory statement with respect to the
2241cooperative documents governing such cooperative community.
2242     (h)  The division shall furnish each association which pays
2243the fees required by paragraph (2)(a) a copy of this act,
2244subsequent changes to this act on an annual basis, an amended
2245version of this act as it becomes available from the Secretary
2246of State's office on a biennial basis, and the rules promulgated
2247pursuant thereto on an annual basis.
2248     (i)  The division shall annually provide each association
2249with a summary of declaratory statements and formal legal
2250opinions relating to the operations of cooperatives which were
2251rendered by the division during the previous year.
2252     (j)  The division shall adopt uniform accounting
2253principles, policies, and standards to be used by all
2254associations in the preparation and presentation of all
2255financial statements required by this chapter. The principles,
2256policies, and standards shall take into consideration the size
2257of the association and the total revenue collected by the
2258association.
2259     (k)  The division shall provide training programs for
2260cooperative association board members and unit owners.
2261     (l)  The division shall maintain a toll-free telephone
2262number accessible to cooperative unit owners.
2263     (m)  When a complaint is made to the division, the division
2264shall conduct its inquiry with reasonable dispatch and with due
2265regard to the interests of the affected parties. Within 30 days
2266after receipt of a complaint, the division shall acknowledge the
2267complaint in writing and notify the complainant whether the
2268complaint is within the jurisdiction of the division and whether
2269additional information is needed by the division from the
2270complainant. The division shall conduct its investigation and
2271shall, within 90 days after receipt of the original complaint or
2272timely requested additional information, take action upon the
2273complaint. However, the failure to complete the investigation
2274within 90 days does not prevent the division from continuing the
2275investigation, accepting or considering evidence obtained or
2276received after 90 days, or taking administrative action if
2277reasonable cause exists to believe that a violation of this
2278chapter or a rule of the division has occurred. If an
2279investigation is not completed within the time limits
2280established in this paragraph, the division shall, on a monthly
2281basis, notify the complainant in writing of the status of the
2282investigation. When reporting its action to the complainant, the
2283division shall inform the complainant of any right to a hearing
2284pursuant to ss. 120.569 and 120.57.
2285     (n)  The division shall develop a program to certify both
2286volunteer and paid mediators to provide mediation of cooperative
2287disputes. The division shall provide, upon request, a list of
2288such mediators to any association, unit owner, or other
2289participant in arbitration proceedings under s. 718.1255
2290requesting a copy of the list. The division shall include on the
2291list of voluntary mediators only persons who have received at
2292least 20 hours of training in mediation techniques or have
2293mediated at least 20 disputes. In order to become initially
2294certified by the division, paid mediators must be certified by
2295the Supreme Court to mediate court cases in either county or
2296circuit courts. However, the division may adopt, by rule,
2297additional factors for the certification of paid mediators,
2298which factors must be related to experience, education, or
2299background. Any person initially certified as a paid mediator by
2300the division must, in order to continue to be certified, comply
2301with the factors or requirements imposed by rules adopted by the
2302division.
2303     (2)(a)  Each cooperative association shall pay to the
2304division, on or before January 1 of each year, an annual fee in
2305the amount of $4 for each residential unit in cooperatives
2306operated by the association. If the fee is not paid by March 1,
2307then the association shall be assessed a penalty of 10 percent
2308of the amount due, and the association shall not have the
2309standing to maintain or defend any action in the courts of this
2310state until the amount due is paid.
2311     (b)  All fees shall be deposited in the Division of Florida
2312Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2313Fund as provided by law.
2314     Section 46.  Paragraph (a) of subsection (2) of section
2315719.502, Florida Statutes, is amended to read:
2316     719.502  Filing prior to sale or lease.--
2317     (2)(a)  Prior to filing as required by subsection (1), and
2318prior to acquiring an ownership, leasehold, or contractual
2319interest in the land upon which the cooperative is to be
2320developed, a developer shall not offer a contract for purchase
2321or lease of a unit for more than 5 years. However, the developer
2322may accept deposits for reservations upon the approval of a
2323fully executed escrow agreement and reservation agreement form
2324properly filed with the Division of Florida Land Sales,
2325Condominiums, Timeshares, and Mobile Homes. Each filing of a
2326proposed reservation program shall be accompanied by a filing
2327fee of $250. Reservations shall not be taken on a proposed
2328cooperative unless the developer has an ownership, leasehold, or
2329contractual interest in the land upon which the cooperative is
2330to be developed. The division shall notify the developer within
233120 days of receipt of the reservation filing of any deficiencies
2332contained therein. Such notification shall not preclude the
2333determination of reservation filing deficiencies at a later
2334date, nor shall it relieve the developer of any responsibility
2335under the law. The escrow agreement and the reservation
2336agreement form shall include a statement of the right of the
2337prospective purchaser to an immediate unqualified refund of the
2338reservation deposit moneys upon written request to the escrow
2339agent by the prospective purchaser or the developer.
2340     Section 47.  Section 719.504, Florida Statutes, is amended
2341to read:
2342     719.504  Prospectus or offering circular.--Every developer
2343of a residential cooperative which contains more than 20
2344residential units, or which is part of a group of residential
2345cooperatives which will be served by property to be used in
2346common by unit owners of more than 20 residential units, shall
2347prepare a prospectus or offering circular and file it with the
2348Division of Florida Land Sales, Condominiums, Timeshares, and
2349Mobile Homes prior to entering into an enforceable contract of
2350purchase and sale of any unit or lease of a unit for more than 5
2351years and shall furnish a copy of the prospectus or offering
2352circular to each buyer. In addition to the prospectus or
2353offering circular, each buyer shall be furnished a separate page
2354entitled "Frequently Asked Questions and Answers," which must be
2355in accordance with a format approved by the division. This page
2356must, in readable language: inform prospective purchasers
2357regarding their voting rights and unit use restrictions,
2358including restrictions on the leasing of a unit; indicate
2359whether and in what amount the unit owners or the association is
2360obligated to pay rent or land use fees for recreational or other
2361commonly used facilities; contain a statement identifying that
2362amount of assessment which, pursuant to the budget, would be
2363levied upon each unit type, exclusive of any special
2364assessments, and which identifies the basis upon which
2365assessments are levied, whether monthly, quarterly, or
2366otherwise; state and identify any court cases in which the
2367association is currently a party of record in which the
2368association may face liability in excess of $100,000; and state
2369whether membership in a recreational facilities association is
2370mandatory and, if so, identify the fees currently charged per
2371unit type. The division shall by rule require such other
2372disclosure as in its judgment will assist prospective
2373purchasers. The prospectus or offering circular may include more
2374than one cooperative, although not all such units are being
2375offered for sale as of the date of the prospectus or offering
2376circular. The prospectus or offering circular must contain the
2377following information:
2378     (1)  The front cover or the first page must contain only:
2379     (a)  The name of the cooperative.
2380     (b)  The following statements in conspicuous type:
2381     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2382MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
2383     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2384NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2385ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2386MATERIALS.
2387     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2388STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2389PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2390REPRESENTATIONS.
2391     (2)  Summary: The next page must contain all statements
2392required to be in conspicuous type in the prospectus or offering
2393circular.
2394     (3)  A separate index of the contents and exhibits of the
2395prospectus.
2396     (4)  Beginning on the first page of the text (not including
2397the summary and index), a description of the cooperative,
2398including, but not limited to, the following information:
2399     (a)  Its name and location.
2400     (b)  A description of the cooperative property, including,
2401without limitation:
2402     1.  The number of buildings, the number of units in each
2403building, the number of bathrooms and bedrooms in each unit, and
2404the total number of units, if the cooperative is not a phase
2405cooperative; or, if the cooperative is a phase cooperative, the
2406maximum number of buildings that may be contained within the
2407cooperative, the minimum and maximum number of units in each
2408building, the minimum and maximum number of bathrooms and
2409bedrooms that may be contained in each unit, and the maximum
2410number of units that may be contained within the cooperative.
2411     2.  The page in the cooperative documents where a copy of
2412the survey and plot plan of the cooperative is located.
2413     3.  The estimated latest date of completion of
2414constructing, finishing, and equipping. In lieu of a date, a
2415statement that the estimated date of completion of the
2416cooperative is in the purchase agreement and a reference to the
2417article or paragraph containing that information.
2418     (c)  The maximum number of units that will use facilities
2419in common with the cooperative. If the maximum number of units
2420will vary, a description of the basis for variation and the
2421minimum amount of dollars per unit to be spent for additional
2422recreational facilities or enlargement of such facilities. If
2423the addition or enlargement of facilities will result in a
2424material increase of a unit owner's maintenance expense or
2425rental expense, if any, the maximum increase and limitations
2426thereon shall be stated.
2427     (5)(a)  A statement in conspicuous type describing whether
2428the cooperative is created and being sold as fee simple
2429interests or as leasehold interests. If the cooperative is
2430created or being sold on a leasehold, the location of the lease
2431in the disclosure materials shall be stated.
2432     (b)  If timeshare estates are or may be created with
2433respect to any unit in the cooperative, a statement in
2434conspicuous type stating that timeshare estates are created and
2435being sold in such specified units in the cooperative.
2436     (6)  A description of the recreational and other common
2437areas that will be used only by unit owners of the cooperative,
2438including, but not limited to, the following:
2439     (a)  Each room and its intended purposes, location,
2440approximate floor area, and capacity in numbers of people.
2441     (b)  Each swimming pool, as to its general location,
2442approximate size and depths, approximate deck size and capacity,
2443and whether heated.
2444     (c)  Additional facilities, as to the number of each
2445facility, its approximate location, approximate size, and
2446approximate capacity.
2447     (d)  A general description of the items of personal
2448property and the approximate number of each item of personal
2449property that the developer is committing to furnish for each
2450room or other facility or, in the alternative, a representation
2451as to the minimum amount of expenditure that will be made to
2452purchase the personal property for the facility.
2453     (e)  The estimated date when each room or other facility
2454will be available for use by the unit owners.
2455     (f)1.  An identification of each room or other facility to
2456be used by unit owners that will not be owned by the unit owners
2457or the association;
2458     2.  A reference to the location in the disclosure materials
2459of the lease or other agreements providing for the use of those
2460facilities; and
2461     3.  A description of the terms of the lease or other
2462agreements, including the length of the term; the rent payable,
2463directly or indirectly, by each unit owner, and the total rent
2464payable to the lessor, stated in monthly and annual amounts for
2465the entire term of the lease; and a description of any option to
2466purchase the property leased under any such lease, including the
2467time the option may be exercised, the purchase price or how it
2468is to be determined, the manner of payment, and whether the
2469option may be exercised for a unit owner's share or only as to
2470the entire leased property.
2471     (g)  A statement as to whether the developer may provide
2472additional facilities not described above, their general
2473locations and types, improvements or changes that may be made,
2474the approximate dollar amount to be expended, and the maximum
2475additional common expense or cost to the individual unit owners
2476that may be charged during the first annual period of operation
2477of the modified or added facilities.
2478
2479Descriptions as to locations, areas, capacities, numbers,
2480volumes, or sizes may be stated as approximations or minimums.
2481     (7)  A description of the recreational and other facilities
2482that will be used in common with other cooperatives, community
2483associations, or planned developments which require the payment
2484of the maintenance and expenses of such facilities, either
2485directly or indirectly, by the unit owners. The description
2486shall include, but not be limited to, the following:
2487     (a)  Each building and facility committed to be built.
2488     (b)  Facilities not committed to be built except under
2489certain conditions, and a statement of those conditions or
2490contingencies.
2491     (c)  As to each facility committed to be built, or which
2492will be committed to be built upon the happening of one of the
2493conditions in paragraph (b), a statement of whether it will be
2494owned by the unit owners having the use thereof or by an
2495association or other entity which will be controlled by them, or
2496others, and the location in the exhibits of the lease or other
2497document providing for use of those facilities.
2498     (d)  The year in which each facility will be available for
2499use by the unit owners or, in the alternative, the maximum
2500number of unit owners in the project at the time each of all of
2501the facilities is committed to be completed.
2502     (e)  A general description of the items of personal
2503property, and the approximate number of each item of personal
2504property, that the developer is committing to furnish for each
2505room or other facility or, in the alternative, a representation
2506as to the minimum amount of expenditure that will be made to
2507purchase the personal property for the facility.
2508     (f)  If there are leases, a description thereof, including
2509the length of the term, the rent payable, and a description of
2510any option to purchase.
2511
2512Descriptions shall include location, areas, capacities, numbers,
2513volumes, or sizes and may be stated as approximations or
2514minimums.
2515     (8)  Recreation lease or associated club membership:
2516     (a)  If any recreational facilities or other common areas
2517offered by the developer and available to, or to be used by,
2518unit owners are to be leased or have club membership associated,
2519the following statement in conspicuous type shall be included:
2520THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2521COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2522COOPERATIVE. There shall be a reference to the location in the
2523disclosure materials where the recreation lease or club
2524membership is described in detail.
2525     (b)  If it is mandatory that unit owners pay a fee, rent,
2526dues, or other charges under a recreational facilities lease or
2527club membership for the use of facilities, there shall be in
2528conspicuous type the applicable statement:
2529     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2530MANDATORY FOR UNIT OWNERS; or
2531     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2532TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2533     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2534COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2535REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2536LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2537     4.  A similar statement of the nature of the organization
2538or manner in which the use rights are created, and that unit
2539owners are required to pay.
2540
2541Immediately following the applicable statement, the location in
2542the disclosure materials where the development is described in
2543detail shall be stated.
2544     (c)  If the developer, or any other person other than the
2545unit owners and other persons having use rights in the
2546facilities, reserves, or is entitled to receive, any rent, fee,
2547or other payment for the use of the facilities, then there shall
2548be the following statement in conspicuous type: THE UNIT OWNERS
2549OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2550RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
2551statement, the location in the disclosure materials where the
2552rent or land use fees are described in detail shall be stated.
2553     (d)  If, in any recreation format, whether leasehold, club,
2554or other, any person other than the association has the right to
2555a lien on the units to secure the payment of assessments, rent,
2556or other exactions, there shall appear a statement in
2557conspicuous type in substantially the following form:
2558     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2559SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2560RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2561PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2562     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2563SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2564FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2565OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
2566PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2567
2568Immediately following the applicable statement, the location in
2569the disclosure materials where the lien or lien right is
2570described in detail shall be stated.
2571     (9)  If the developer or any other person has the right to
2572increase or add to the recreational facilities at any time after
2573the establishment of the cooperative whose unit owners have use
2574rights therein, without the consent of the unit owners or
2575associations being required, there shall appear a statement in
2576conspicuous type in substantially the following form:
2577RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2578OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2579statement, the location in the disclosure materials where such
2580reserved rights are described shall be stated.
2581     (10)  A statement of whether the developer's plan includes
2582a program of leasing units rather than selling them, or leasing
2583units and selling them subject to such leases. If so, there
2584shall be a description of the plan, including the number and
2585identification of the units and the provisions and term of the
2586proposed leases, and a statement in boldfaced type that: THE
2587UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2588     (11)  The arrangements for management of the association
2589and maintenance and operation of the cooperative property and of
2590other property that will serve the unit owners of the
2591cooperative property, and a description of the management
2592contract and all other contracts for these purposes having a
2593term in excess of 1 year, including the following:
2594     (a)  The names of contracting parties.
2595     (b)  The term of the contract.
2596     (c)  The nature of the services included.
2597     (d)  The compensation, stated on a monthly and annual
2598basis, and provisions for increases in the compensation.
2599     (e)  A reference to the volumes and pages of the
2600cooperative documents and of the exhibits containing copies of
2601such contracts.
2602
2603Copies of all described contracts shall be attached as exhibits.
2604If there is a contract for the management of the cooperative
2605property, then a statement in conspicuous type in substantially
2606the following form shall appear, identifying the proposed or
2607existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2608THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
2609CONTRACT MANAGER). Immediately following this statement, the
2610location in the disclosure materials of the contract for
2611management of the cooperative property shall be stated.
2612     (12)  If the developer or any other person or persons other
2613than the unit owners has the right to retain control of the
2614board of administration of the association for a period of time
2615which can exceed 1 year after the closing of the sale of a
2616majority of the units in that cooperative to persons other than
2617successors or alternate developers, then a statement in
2618conspicuous type in substantially the following form shall be
2619included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2620RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2621HAVE BEEN SOLD. Immediately following this statement, the
2622location in the disclosure materials where this right to control
2623is described in detail shall be stated.
2624     (13)  If there are any restrictions upon the sale,
2625transfer, conveyance, or leasing of a unit, then a statement in
2626conspicuous type in substantially the following form shall be
2627included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2628CONTROLLED. Immediately following this statement, the location
2629in the disclosure materials where the restriction, limitation,
2630or control on the sale, lease, or transfer of units is described
2631in detail shall be stated.
2632     (14)  If the cooperative is part of a phase project, the
2633following shall be stated:
2634     (a)  A statement in conspicuous type in substantially the
2635following form shall be included: THIS IS A PHASE COOPERATIVE.
2636ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
2637Immediately following this statement, the location in the
2638disclosure materials where the phasing is described shall be
2639stated.
2640     (b)  A summary of the provisions of the declaration
2641providing for the phasing.
2642     (c)  A statement as to whether or not residential buildings
2643and units which are added to the cooperative may be
2644substantially different from the residential buildings and units
2645originally in the cooperative, and, if the added residential
2646buildings and units may be substantially different, there shall
2647be a general description of the extent to which such added
2648residential buildings and units may differ, and a statement in
2649conspicuous type in substantially the following form shall be
2650included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
2651MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2652UNITS IN THE COOPERATIVE. Immediately following this statement,
2653the location in the disclosure materials where the extent to
2654which added residential buildings and units may substantially
2655differ is described shall be stated.
2656     (d)  A statement of the maximum number of buildings
2657containing units, the maximum and minimum number of units in
2658each building, the maximum number of units, and the minimum and
2659maximum square footage of the units that may be contained within
2660each parcel of land which may be added to the cooperative.
2661     (15)  If the cooperative is created by conversion of
2662existing improvements, the following information shall be
2663stated:
2664     (a)  The information required by s. 719.616.
2665     (b)  A caveat that there are no express warranties unless
2666they are stated in writing by the developer.
2667     (16)  A summary of the restrictions, if any, to be imposed
2668on units concerning the use of any of the cooperative property,
2669including statements as to whether there are restrictions upon
2670children and pets, and reference to the volumes and pages of the
2671cooperative documents where such restrictions are found, or if
2672such restrictions are contained elsewhere, then a copy of the
2673documents containing the restrictions shall be attached as an
2674exhibit.
2675     (17)  If there is any land that is offered by the developer
2676for use by the unit owners and that is neither owned by them nor
2677leased to them, the association, or any entity controlled by
2678unit owners and other persons having the use rights to such
2679land, a statement shall be made as to how such land will serve
2680the cooperative. If any part of such land will serve the
2681cooperative, the statement shall describe the land and the
2682nature and term of service, and the cooperative documents or
2683other instrument creating such servitude shall be included as an
2684exhibit.
2685     (18)  The manner in which utility and other services,
2686including, but not limited to, sewage and waste disposal, water
2687supply, and storm drainage, will be provided and the person or
2688entity furnishing them.
2689     (19)  An explanation of the manner in which the
2690apportionment of common expenses and ownership of the common
2691areas have been determined.
2692     (20)  An estimated operating budget for the cooperative and
2693the association, and a schedule of the unit owner's expenses
2694shall be attached as an exhibit and shall contain the following
2695information:
2696     (a)  The estimated monthly and annual expenses of the
2697cooperative and the association that are collected from unit
2698owners by assessments.
2699     (b)  The estimated monthly and annual expenses of each unit
2700owner for a unit, other than assessments payable to the
2701association, payable by the unit owner to persons or entities
2702other than the association, and the total estimated monthly and
2703annual expense. There may be excluded from this estimate
2704expenses that are personal to unit owners, which are not
2705uniformly incurred by all unit owners, or which are not provided
2706for or contemplated by the cooperative documents, including, but
2707not limited to, the costs of private telephone; maintenance of
2708the interior of cooperative units, which is not the obligation
2709of the association; maid or janitorial services privately
2710contracted for by the unit owners; utility bills billed directly
2711to each unit owner for utility services to his or her unit;
2712insurance premiums other than those incurred for policies
2713obtained by the cooperative; and similar personal expenses of
2714the unit owner. A unit owner's estimated payments for
2715assessments shall also be stated in the estimated amounts for
2716the times when they will be due.
2717     (c)  The estimated items of expenses of the cooperative and
2718the association, except as excluded under paragraph (b),
2719including, but not limited to, the following items, which shall
2720be stated either as an association expense collectible by
2721assessments or as unit owners' expenses payable to persons other
2722than the association:
2723     1.  Expenses for the association and cooperative:
2724     a.  Administration of the association.
2725     b.  Management fees.
2726     c.  Maintenance.
2727     d.  Rent for recreational and other commonly used areas.
2728     e.  Taxes upon association property.
2729     f.  Taxes upon leased areas.
2730     g.  Insurance.
2731     h.  Security provisions.
2732     i.  Other expenses.
2733     j.  Operating capital.
2734     k.  Reserves.
2735     l.  Fee payable to the division.
2736     2.  Expenses for a unit owner:
2737     a.  Rent for the unit, if subject to a lease.
2738     b.  Rent payable by the unit owner directly to the lessor
2739or agent under any recreational lease or lease for the use of
2740commonly used areas, which use and payment are a mandatory
2741condition of ownership and are not included in the common
2742expense or assessments for common maintenance paid by the unit
2743owners to the association.
2744     (d)  The following statement in conspicuous type: THE
2745BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2746ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
2747ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2748FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2749ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2750CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
2751THE OFFERING.
2752     (e)  Each budget for an association prepared by a developer
2753consistent with this subsection shall be prepared in good faith
2754and shall reflect accurate estimated amounts for the required
2755items in paragraph (c) at the time of the filing of the offering
2756circular with the division, and subsequent increased amounts of
2757any item included in the association's estimated budget that are
2758beyond the control of the developer shall not be considered an
2759amendment that would give rise to rescission rights set forth in
2760s. 719.503(1)(a) or (b), nor shall such increases modify, void,
2761or otherwise affect any guarantee of the developer contained in
2762the offering circular or any purchase contract. It is the intent
2763of this paragraph to clarify existing law.
2764     (f)  The estimated amounts shall be stated for a period of
2765at least 12 months and may distinguish between the period prior
2766to the time unit owners other than the developer elect a
2767majority of the board of administration and the period after
2768that date.
2769     (21)  A schedule of estimated closing expenses to be paid
2770by a buyer or lessee of a unit and a statement of whether title
2771opinion or title insurance policy is available to the buyer and,
2772if so, at whose expense.
2773     (22)  The identity of the developer and the chief operating
2774officer or principal directing the creation and sale of the
2775cooperative and a statement of its and his or her experience in
2776this field.
2777     (23)  Copies of the following, to the extent they are
2778applicable, shall be included as exhibits:
2779     (a)  The cooperative documents, or the proposed cooperative
2780documents if the documents have not been recorded.
2781     (b)  The articles of incorporation creating the
2782association.
2783     (c)  The bylaws of the association.
2784     (d)  The ground lease or other underlying lease of the
2785cooperative.
2786     (e)  The management agreement and all maintenance and other
2787contracts for management of the association and operation of the
2788cooperative and facilities used by the unit owners having a
2789service term in excess of 1 year.
2790     (f)  The estimated operating budget for the cooperative and
2791the required schedule of unit owners' expenses.
2792     (g)  A copy of the floor plan of the unit and the plot plan
2793showing the location of the residential buildings and the
2794recreation and other common areas.
2795     (h)  The lease of recreational and other facilities that
2796will be used only by unit owners of the subject cooperative.
2797     (i)  The lease of facilities used by owners and others.
2798     (j)  The form of unit lease, if the offer is of a
2799leasehold.
2800     (k)  A declaration of servitude of properties serving the
2801cooperative but not owned by unit owners or leased to them or
2802the association.
2803     (l)  The statement of condition of the existing building or
2804buildings, if the offering is of units in an operation being
2805converted to cooperative ownership.
2806     (m)  The statement of inspection for termite damage and
2807treatment of the existing improvements, if the cooperative is a
2808conversion.
2809     (n)  The form of agreement for sale or lease of units.
2810     (o)  A copy of the agreement for escrow of payments made to
2811the developer prior to closing.
2812     (p)  A copy of the documents containing any restrictions on
2813use of the property required by subsection (16).
2814     (24)  Any prospectus or offering circular complying with
2815the provisions of former ss. 711.69 and 711.802 may continue to
2816be used without amendment, or may be amended to comply with the
2817provisions of this chapter.
2818     (25)  A brief narrative description of the location and
2819effect of all existing and intended easements located or to be
2820located on the cooperative property other than those in the
2821declaration.
2822     (26)  If the developer is required by state or local
2823authorities to obtain acceptance or approval of any dock or
2824marina facility intended to serve the cooperative, a copy of
2825such acceptance or approval acquired by the time of filing with
2826the division pursuant to s. 719.502 or a statement that such
2827acceptance has not been acquired or received.
2828     (27)  Evidence demonstrating that the developer has an
2829ownership, leasehold, or contractual interest in the land upon
2830which the cooperative is to be developed.
2831     Section 48.  Section 719.508, Florida Statutes, is amended
2832to read:
2833     719.508  Regulation by Division of Hotels and
2834Restaurants.--In addition to the authority, regulation, or
2835control exercised by the Division of Florida Land Sales,
2836Condominiums, Timeshares, and Mobile Homes pursuant to this act
2837with respect to cooperatives, buildings included in a
2838cooperative property shall be subject to the authority,
2839regulation, or control of the Division of Hotels and Restaurants
2840of the Department of Business and Professional Regulation, to
2841the extent provided for in chapters 399 and 509.
2842     Section 49.  Paragraph (a) of subsection (2) of section
2843719.608, Florida Statutes, is amended to read:
2844     719.608  Notice of intended conversion; time of delivery;
2845content.--
2846     (2)(a)  Each notice of intended conversion shall be dated
2847and in writing. The notice shall contain the following
2848statement, with the phrases of the following statement which
2849appear in upper case printed in conspicuous type:
2850
2851     These apartments are being converted to cooperative by  
2852(name of developer)  , the developer.
2853     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2854YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2855AGREEMENT AS FOLLOWS:
2856     a.  If you have continuously been a resident of these
2857apartments during the last 180 days and your rental agreement
2858expires during the next 270 days, you may extend your rental
2859agreement for up to 270 days after the date of this notice.
2860     b.  If you have not been a continuous resident of these
2861apartments for the last 180 days and your rental agreement
2862expires during the next 180 days, you may extend your rental
2863agreement for up to 180 days after the date of this notice.
2864     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2865MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2866DATE OF THIS NOTICE.
2867     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2868you may extend your rental agreement for up to 45 days after the
2869date of this notice while you decide whether to extend your
2870rental agreement as explained above. To do so, you must notify
2871the developer in writing. You will then have the full 45 days to
2872decide whether to extend your rental agreement as explained
2873above.
2874     3.  During the extension of your rental agreement you will
2875be charged the same rent that you are now paying.
2876     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2877OF THE RENTAL AGREEMENT AS FOLLOWS:
2878     a.  If your rental agreement began or was extended or
2879renewed after May 1, 1980, and your rental agreement, including
2880extensions and renewals, has an unexpired term of 180 days or
2881less, you may cancel your rental agreement upon 30 days' written
2882notice and move. Also, upon 30 days' written notice, you may
2883cancel any extension of the rental agreement.
2884     b.  If your rental agreement was not begun or was not
2885extended or renewed after May 1, 1980, you may not cancel the
2886rental agreement without the consent of the developer. If your
2887rental agreement, including extensions and renewals, has an
2888unexpired term of 180 days or less, you may, however, upon 30
2889days' written notice cancel any extension of the rental
2890agreement.
2891     5.  All notices must be given in writing and sent by mail,
2892return receipt requested, or delivered in person to the
2893developer at this address:   (name and address of developer)  .
2894     6.  If you have continuously been a resident of these
2895apartments during the last 180 days:
2896     a.  You have the right to purchase your apartment and will
2897have 45 days to decide whether to purchase. If you do not buy
2898the unit at that price and the unit is later offered at a lower
2899price, you will have the opportunity to buy the unit at the
2900lower price. However, in all events your right to purchase the
2901unit ends when the rental agreement or any extension of the
2902rental agreement ends or when you waive this right in writing.
2903     b.  Within 90 days you will be provided purchase
2904information relating to your apartment, including the price of
2905your unit and the condition of the building. If you do not
2906receive this information within 90 days, your rental agreement
2907and any extension will be extended 1 day for each day over 90
2908days until you are given the purchase information. If you do not
2909want this rental agreement extension, you must notify the
2910developer in writing.
2911     7.  If you have any questions regarding this conversion or
2912the Cooperative Act, you may contact the developer or the state
2913agency which regulates cooperatives: The Division of Florida
2914Land Sales, Condominiums, Timeshares, and Mobile Homes,  
2915(Tallahassee address and telephone number of division)  .
2916     Section 50.  Subsection (7) of section 720.301, Florida
2917Statutes, is amended to read:
2918     720.301  Definitions.--As used in this chapter, the term:
2919     (7)  "Division" means the Division of Florida Land Sales,
2920Condominiums, Timeshares, and Mobile Homes in the Department of
2921Business and Professional Regulation.
2922     Section 51.  Subsection (2) of section 720.401, Florida
2923Statutes, is amended to read:
2924     720.401  Prospective purchasers subject to association
2925membership requirement; disclosure required; covenants;
2926assessments; contract cancellation.--
2927     (2)  This section does not apply to any association
2928regulated under chapter 718, chapter 719, chapter 721, or
2929chapter 723 or to a subdivider registered under chapter 498; and
2930also does not apply if disclosure regarding the association is
2931otherwise made in connection with the requirements of chapter
2932718, chapter 719, chapter 721, or chapter 723.
2933     Section 52.  Subsection (11) of section 721.05, Florida
2934Statutes, is amended to read:
2935     721.05  Definitions.--As used in this chapter, the term:
2936     (11)  "Division" means the Division of Florida Land Sales,
2937Condominiums, Timeshares, and Mobile Homes of the Department of
2938Business and Professional Regulation.
2939     Section 53.  Paragraph (d) of subsection (2) of section
2940721.07, Florida Statutes, is amended to read:
2941     721.07  Public offering statement.--Prior to offering any
2942timeshare plan, the developer must submit a filed public
2943offering statement to the division for approval as prescribed by
2944s. 721.03, s. 721.55, or this section. Until the division
2945approves such filing, any contract regarding the sale of that
2946timeshare plan is subject to cancellation by the purchaser
2947pursuant to s. 721.10.
2948     (2)
2949     (d)  A developer shall have the authority to deliver to
2950purchasers any purchaser public offering statement that is not
2951yet approved by the division, provided that the following shall
2952apply:
2953     1.  At the time the developer delivers an unapproved
2954purchaser public offering statement to a purchaser pursuant to
2955this paragraph, the developer shall deliver a fully completed
2956and executed copy of the purchase contract required by s. 721.06
2957that contains the following statement in conspicuous type in
2958substantially the following form which shall replace the
2959statements required by s. 721.06(1)(g):
2960
2961The developer is delivering to you a public offering statement
2962that has been filed with but not yet approved by the Division of
2963Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
2964Any revisions to the unapproved public offering statement you
2965have received must be delivered to you, but only if the
2966revisions materially alter or modify the offering in a manner
2967adverse to you. After the division approves the public offering
2968statement, you will receive notice of the approval from the
2969developer and the required revisions, if any.
2970
2971Your statutory right to cancel this transaction without any
2972penalty or obligation expires 10 calendar days after the date
2973you signed your purchase contract or the date on which you
2974receive the last of all documents required to be given to you
2975pursuant to section 721.07(6), Florida Statutes, or 10 calendar
2976days after you receive revisions required to be delivered to
2977you, if any, whichever is later. If you decide to cancel this
2978contract, you must notify the seller in writing of your intent
2979to cancel. Your notice of cancellation shall be effective upon
2980the date sent and shall be sent to   (Name of Seller)   at  
2981(Address of Seller)  . Any attempt to obtain a waiver of your
2982cancellation right is void and of no effect. While you may
2983execute all closing documents in advance, the closing, as
2984evidenced by delivery of the deed or other document, before
2985expiration of your 10-day cancellation period, is prohibited.
2986
2987     2.  After receipt of approval from the division and prior
2988to closing, if any revisions made to the documents contained in
2989the purchaser public offering statement materially alter or
2990modify the offering in a manner adverse to a purchaser, the
2991developer shall send the purchaser such revisions together with
2992a notice containing a statement in conspicuous type in
2993substantially the following form:
2994
2995The unapproved public offering statement previously delivered to
2996you, together with the enclosed revisions, has been approved by
2997the Division of Florida Land Sales, Condominiums, Timeshares,
2998and Mobile Homes. Accordingly, your cancellation right expires
299910 calendar days after you sign your purchase contract or 10
3000calendar days after you receive these revisions, whichever is
3001later. If you have any questions regarding your cancellation
3002rights, you may contact the division at [insert division's
3003current address].
3004
3005     3.  After receipt of approval from the division and prior
3006to closing, if no revisions have been made to the documents
3007contained in the unapproved purchaser public offering statement,
3008or if such revisions do not materially alter or modify the
3009offering in a manner adverse to a purchaser, the developer shall
3010send the purchaser a notice containing a statement in
3011conspicuous type in substantially the following form:
3012
3013The unapproved public offering statement previously delivered to
3014you has been approved by the Division of Florida Land Sales,
3015Condominiums, Timeshares, and Mobile Homes. Revisions made to
3016the unapproved public offering statement, if any, are either not
3017required to be delivered to you or are not deemed by the
3018developer, in its opinion, to materially alter or modify the
3019offering in a manner that is adverse to you. Accordingly, your
3020cancellation right expired 10 days after you signed your
3021purchase contract. A complete copy of the approved public
3022offering statement is available through the managing entity for
3023inspection as part of the books and records of the plan. If you
3024have any questions regarding your cancellation rights, you may
3025contact the division at [insert division's current address].
3026     Section 54.  Subsection (8) of section 721.08, Florida
3027Statutes, is amended to read:
3028     721.08  Escrow accounts; nondisturbance instruments;
3029alternate security arrangements; transfer of legal title.--
3030     (8)  An escrow agent holding escrowed funds pursuant to
3031this chapter that have not been claimed for a period of 5 years
3032after the date of deposit shall make at least one reasonable
3033attempt to deliver such unclaimed funds to the purchaser who
3034submitted such funds to escrow. In making such attempt, an
3035escrow agent is entitled to rely on a purchaser's last known
3036address as set forth in the books and records of the escrow
3037agent and is not required to conduct any further search for the
3038purchaser. If an escrow agent's attempt to deliver unclaimed
3039funds to any purchaser is unsuccessful, the escrow agent may
3040deliver such unclaimed funds to the division and the division
3041shall deposit such unclaimed funds in the Division of Florida
3042Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3043Fund, 30 days after giving notice in a publication of general
3044circulation in the county in which the timeshare property
3045containing the purchaser's timeshare interest is located. The
3046purchaser may claim the same at any time prior to the delivery
3047of such funds to the division. After delivery of such funds to
3048the division, the purchaser shall have no more rights to the
3049unclaimed funds. The escrow agent shall not be liable for any
3050claims from any party arising out of the escrow agent's delivery
3051of the unclaimed funds to the division pursuant to this section.
3052     Section 55.  Section 721.26, Florida Statutes, is amended
3053to read:
3054     721.26  Regulation by division.--The division has the power
3055to enforce and ensure compliance with the provisions of this
3056chapter, except for parts III and IV, using the powers provided
3057in this chapter, as well as the powers prescribed in chapters
3058498, 718, and 719. In performing its duties, the division shall
3059have the following powers and duties:
3060     (1)  To aid in the enforcement of this chapter, or any
3061division rule or order promulgated or issued pursuant to this
3062chapter, the division may make necessary public or private
3063investigations within or outside this state to determine whether
3064any person has violated or is about to violate this chapter, or
3065any division rule or order promulgated or issued pursuant to
3066this chapter.
3067     (2)  The division may require or permit any person to file
3068a written statement under oath or otherwise, as the division
3069determines, as to the facts and circumstances concerning a
3070matter under investigation.
3071     (3)  For the purpose of any investigation under this
3072chapter, the director of the division or any officer or employee
3073designated by the director may administer oaths or affirmations,
3074subpoena witnesses and compel their attendance, take evidence,
3075and require the production of any matter which is relevant to
3076the investigation, including the identity, existence,
3077description, nature, custody, condition, and location of any
3078books, documents, or other tangible things and the identity and
3079location of persons having knowledge of relevant facts or any
3080other matter reasonably calculated to lead to the discovery of
3081material evidence. Failure to obey a subpoena or to answer
3082questions propounded by the investigating officer and upon
3083reasonable notice to all persons affected thereby shall be a
3084violation of this chapter. In addition to the other enforcement
3085powers authorized in this subsection, the division may, at its
3086discretion, apply to the circuit court for an order compelling
3087compliance.
3088     (4)  The division may prepare and disseminate a prospectus
3089and other information to assist prospective purchasers, sellers,
3090and managing entities of timeshare plans in assessing the
3091rights, privileges, and duties pertaining thereto.
3092     (5)  Notwithstanding any remedies available to purchasers,
3093if the division has reasonable cause to believe that a violation
3094of this chapter, or of any division rule or order promulgated or
3095issued pursuant to this chapter, has occurred, the division may
3096institute enforcement proceedings in its own name against any
3097regulated party, as such term is defined in this subsection:
3098     (a)1.  "Regulated party," for purposes of this section,
3099means any developer, exchange company, seller, managing entity,
3100owners' association, owners' association director, owners'
3101association officer, manager, management firm, escrow agent,
3102trustee, any respective assignees or agents, or any other person
3103having duties or obligations pursuant to this chapter.
3104     2.  Any person who materially participates in any offer or
3105disposition of any interest in, or the management or operation
3106of, a timeshare plan in violation of this chapter or relevant
3107rules involving fraud, deception, false pretenses,
3108misrepresentation, or false advertising or the disbursement,
3109concealment, or diversion of any funds or assets, which conduct
3110adversely affects the interests of a purchaser, and which person
3111directly or indirectly controls a regulated party or is a
3112general partner, officer, director, agent, or employee of such
3113regulated party, shall be jointly and severally liable under
3114this subsection with such regulated party, unless such person
3115did not know, and in the exercise of reasonable care could not
3116have known, of the existence of the facts giving rise to the
3117violation of this chapter. A right of contribution shall exist
3118among jointly and severally liable persons pursuant to this
3119paragraph.
3120     (b)  The division may permit any person whose conduct or
3121actions may be under investigation to waive formal proceedings
3122and enter into a consent proceeding whereby an order, rule, or
3123letter of censure or warning, whether formal or informal, may be
3124entered against that person.
3125     (c)  The division may issue an order requiring a regulated
3126party to cease and desist from an unlawful practice under this
3127chapter and take such affirmative action as in the judgment of
3128the division will carry out the purposes of this chapter.
3129     (d)1.  The division may bring an action in circuit court
3130for declaratory or injunctive relief or for other appropriate
3131relief, including restitution.
3132     2.  The division shall have broad authority and discretion
3133to petition the circuit court to appoint a receiver with respect
3134to any managing entity which fails to perform its duties and
3135obligations under this chapter with respect to the operation of
3136a timeshare plan. The circumstances giving rise to an
3137appropriate petition for receivership under this subparagraph
3138include, but are not limited to:
3139     a.  Damage to or destruction of any of the accommodations
3140or facilities of a timeshare plan, where the managing entity has
3141failed to repair or reconstruct same.
3142     b.  A breach of fiduciary duty by the managing entity,
3143including, but not limited to, undisclosed self-dealing or
3144failure to timely assess, collect, or disburse the common
3145expenses of the timeshare plan.
3146     c.  Failure of the managing entity to operate the timeshare
3147plan in accordance with the timeshare instrument and this
3148chapter.
3149
3150If, under the circumstances, it appears that the events giving
3151rise to the petition for receivership cannot be reasonably and
3152timely corrected in a cost-effective manner consistent with the
3153timeshare instrument, the receiver may petition the circuit
3154court to implement such amendments or revisions to the timeshare
3155instrument as may be necessary to enable the managing entity to
3156resume effective operation of the timeshare plan, or to enter an
3157order terminating the timeshare plan, or to enter such further
3158orders regarding the disposition of the timeshare property as
3159the court deems appropriate, including the disposition and sale
3160of the timeshare property held by the owners' association or the
3161purchasers. In the event of a receiver's sale, all rights,
3162title, and interest held by the owners' association or any
3163purchaser shall be extinguished and title shall vest in the
3164buyer. This provision applies to timeshare estates, personal
3165property timeshare interests, and timeshare licenses. All
3166reasonable costs and fees of the receiver relating to the
3167receivership shall become common expenses of the timeshare plan
3168upon order of the court.
3169     3.  The division may revoke its approval of any filing for
3170any timeshare plan for which a petition for receivership has
3171been filed pursuant to this paragraph.
3172     (e)1.  The division may impose a penalty against any
3173regulated party for a violation of this chapter or any rule
3174adopted thereunder. A penalty may be imposed on the basis of
3175each day of continuing violation, but in no event may the
3176penalty for any offense exceed $10,000. All accounts collected
3177shall be deposited with the Chief Financial Officer to the
3178credit of the Division of Florida Land Sales, Condominiums,
3179Timeshares, and Mobile Homes Trust Fund.
3180     2.a.  If a regulated party fails to pay a penalty, the
3181division shall thereupon issue an order directing that such
3182regulated party cease and desist from further operation until
3183such time as the penalty is paid; or the division may pursue
3184enforcement of the penalty in a court of competent jurisdiction.
3185     b.  If an owners' association or managing entity fails to
3186pay a civil penalty, the division may pursue enforcement in a
3187court of competent jurisdiction.
3188     (f)  In order to permit the regulated party an opportunity
3189either to appeal such decision administratively or to seek
3190relief in a court of competent jurisdiction, the order imposing
3191the penalty or the cease and desist order shall not become
3192effective until 20 days after the date of such order.
3193     (g)  Any action commenced by the division shall be brought
3194in the county in which the division has its executive offices or
3195in the county where the violation occurred.
3196     (h)  Notice to any regulated party shall be complete when
3197delivered by United States mail, return receipt requested, to
3198the party's address currently on file with the division or to
3199such other address at which the division is able to locate the
3200party. Every regulated party has an affirmative duty to notify
3201the division of any change of address at least 5 business days
3202prior to such change.
3203     (6)  The division has authority to adopt rules pursuant to
3204ss. 120.536(1) and 120.54 to implement and enforce the
3205provisions of this chapter.
3206     (7)(a)  The use of any unfair or deceptive act or practice
3207by any person in connection with the sales or other operations
3208of an exchange program or timeshare plan is a violation of this
3209chapter.
3210     (b)  Any violation of the Florida Deceptive and Unfair
3211Trade Practices Act, ss. 501.201 et seq., relating to the
3212creation, promotion, sale, operation, or management of any
3213timeshare plan shall also be a violation of this chapter.
3214     (c)  The division is authorized to institute proceedings
3215against any such person and take any appropriate action
3216authorized in this section in connection therewith,
3217notwithstanding any remedies available to purchasers.
3218     (8)  The failure of any person to comply with any order of
3219the division is a violation of this chapter.
3220     Section 56.  Section 721.28, Florida Statutes, is amended
3221to read:
3222     721.28  Division of Florida Land Sales, Condominiums,
3223Timeshares, and Mobile Homes Trust Fund.--All funds collected by
3224the division and any amounts paid as fees or penalties under
3225this chapter shall be deposited in the State Treasury to the
3226credit of the Division of Florida Land Sales, Condominiums,
3227Timeshares, and Mobile Homes Trust Fund created by s. 718.509
3228498.019.
3229     Section 57.  Paragraph (c) of subsection (1) of section
3230721.301, Florida Statutes, is amended to read:
3231     721.301  Florida Timesharing, Vacation Club, and
3232Hospitality Program.--
3233     (1)
3234     (c)  The director may designate funds from the Division of
3235Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
3236Trust Fund, not to exceed $50,000 annually, to support the
3237projects and proposals undertaken pursuant to paragraph (b). All
3238state trust funds to be expended pursuant to this section must
3239be matched equally with private moneys and shall comprise no
3240more than half of the total moneys expended annually.
3241     Section 58.  Section 721.50, Florida Statutes, is amended
3242to read:
3243     721.50  Short title.--This part may be cited as the
3244"McAllister Act" in recognition and appreciation for the years
3245of extraordinary and insightful contributions by Mr. Bryan C.
3246McAllister, Examinations Supervisor, of the former Division of
3247Florida Land Sales, Condominiums, and Mobile Homes.
3248     Section 59.  Subsection (1) of section 723.003, Florida
3249Statutes, is amended to read:
3250     723.003  Definitions.--As used in this chapter, the
3251following words and terms have the following meanings unless
3252clearly indicated otherwise:
3253     (1)  The term "division" means the Division of Florida Land
3254Sales, Condominiums, Timeshares, and Mobile Homes of the
3255Department of Business and Professional Regulation.
3256     Section 60.  Paragraph (e) of subsection (5) of section
3257723.006, Florida Statutes, is amended to read:
3258     723.006  Powers and duties of division.--In performing its
3259duties, the division has the following powers and duties:
3260     (5)  Notwithstanding any remedies available to mobile home
3261owners, mobile home park owners, and homeowners' associations,
3262if the division has reasonable cause to believe that a violation
3263of any provision of this chapter or any rule promulgated
3264pursuant hereto has occurred, the division may institute
3265enforcement proceedings in its own name against a developer,
3266mobile home park owner, or homeowners' association, or its
3267assignee or agent, as follows:
3268     (e)1.  The division may impose a civil penalty against a
3269mobile home park owner or homeowners' association, or its
3270assignee or agent, for any violation of this chapter, a properly
3271promulgated park rule or regulation, or a rule or regulation
3272promulgated pursuant hereto. A penalty may be imposed on the
3273basis of each separate violation and, if the violation is a
3274continuing one, for each day of continuing violation, but in no
3275event may the penalty for each separate violation or for each
3276day of continuing violation exceed $5,000. All amounts collected
3277shall be deposited with the Chief Financial Officer to the
3278credit of the Division of Florida Land Sales, Condominiums,
3279Timeshares, and Mobile Homes Trust Fund.
3280     2.  If a violator fails to pay the civil penalty, the
3281division shall thereupon issue an order directing that such
3282violator cease and desist from further violation until such time
3283as the civil penalty is paid or may pursue enforcement of the
3284penalty in a court of competent jurisdiction. If a homeowners'
3285association fails to pay the civil penalty, the division shall
3286thereupon pursue enforcement in a court of competent
3287jurisdiction, and the order imposing the civil penalty or the
3288cease and desist order shall not become effective until 20 days
3289after the date of such order. Any action commenced by the
3290division shall be brought in the county in which the division
3291has its executive offices or in which the violation occurred.
3292     Section 61.  Section 723.009, Florida Statutes, is amended
3293to read:
3294     723.009  Division of Florida Land Sales, Condominiums,
3295Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
3296fees, penalties, and fines imposed pursuant to this chapter
3297shall be deposited into the Division of Florida Land Sales,
3298Condominiums, Timeshares, and Mobile Homes Trust Fund created by
3299s. 718.509 498.019. Moneys in this fund, as appropriated by the
3300Legislature pursuant to chapter 216, may be used to defray the
3301expenses incurred by the division in administering the
3302provisions of this chapter.
3303     Section 62.  Paragraph (e) is added to subsection (1) of
3304section 723.011, Florida Statutes, to read:
3305     723.011  Disclosure prior to rental of a mobile home lot;
3306prospectus, filing, approval.--
3307     (1)
3308     (e)  Filings of amendments to prospectus disclosure
3309documents shall be accompanied by a filing fee of $100.
3310     Section 63.  Paragraph (c) of subsection (2) of section
3311723.0611, Florida Statutes, is amended to read:
3312     723.0611  Florida Mobile Home Relocation Corporation.--
3313     (2)
3314     (c)  The corporation shall, for purposes of s. 768.28, be
3315considered an agency of the state. Agents or employees of the
3316corporation, members of the board of directors of the
3317corporation, or representatives of the Division of Florida Land
3318Sales, Condominiums, Timeshares, and Mobile Homes shall be
3319considered officers, employees, or agents of the state, and
3320actions against them and the corporation shall be governed by s.
3321768.28.
3322     Section 64.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader