November 26, 2020
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CS/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 and the
7Division of Technology, Licensure, and Testing to the
8Division of Technology; establishing the Division of
9Service Operations; amending s. 215.20, F.S.; conforming
10the name of the Division of Florida Land Sales,
11Condominiums, and Mobile Homes Trust Fund to correspond to
12the name change of the division; amending s. 450.33, F.S.;
13removing the requirement for a farm labor contractor to
14file a set of fingerprints with the department; amending
15s. 455.203, F.S.; authorizing the department to close and
16terminate deficient license applications and to approve
17professional license applications meeting certain
18criteria; amending s. 455.217, F.S.; providing that the
19Division of Service Operations is responsible for certain
20requirements related to examinations; amending s.
21455.2273, F.S.; authorizing the section to apply to
22disciplinary guidelines adopted by all boards and
23divisions; amending s. 475.17, F.S.; revising requirements
24for licensure as a real estate broker; amending s.
25475.451, F.S.; deleting requirements relating to the
26submission of certain real estate course rosters to the
27department; amending s. 489.105, F.S.; clarifying that
28individuals and business entities that sell manufactured
29and factory-built buildings can legally enter into
30contracts for those sales; amending s. 489.511, F.S.;
31revising requirements for taking the electrical or alarm
32system contractor certification examination; providing
33requirements for certification; amending s. 489.515, F.S.;
34revising requirements for certification as a certified
35contractor by the Electrical Contractors' Licensing Board
36to reflect changes made to s. 489.511, F.S., by this act;
37renumbering s. 498.009, F.S., relating to the location of
38the division's offices; amending and renumbering s.
39498.011, F.S., relating to payment of per diem, mileage,
40and other expenses for division employees; providing for
41reimbursement of expenses for on-site review; deleting the
42expense reimbursement for inspection of subdivided lands;
43renumbering s. 498.013, F.S., relating to the
44authentication of records; amending and renumbering s.
45498.057, F.S., relating to service of process; deleting
46provision that service may be made by delivering a copy of
47the process to the division director; providing that the
48division can be the petitioner or the plaintiff; repealing
49ss. 498.001, 498.003, 498.005, 498.007, 498.017, 498.019,
50498.021, 498.022, 498.023, 498.024, 498.025, 498.027,
51498.028, 498.029, 498.031, 498.033, 498.035, 498.037,
52498.039, 498.041, 498.047, 498.049, 498.051, 498.053,
53498.059, 498.061, and 498.063, F.S., relating to
54regulation of land sales practices; amending s. 548.0065,
55F.S.; including amateur mixed martial arts in a provision
56relating to the authority of the Florida State Boxing
57Commission to suspend amateur matches for violation of
58certain health and safety standards; amending s. 548.008,
59F.S.; removing prohibition against holding amateur mixed
60martial arts matches in this state; amending s. 548.041,
61F.S.; providing additional licensure requirements for
62boxing participants; amending s. 718.501, F.S.; providing
63additional powers and duties of the division; providing
64for additional enforcement proceedings for carrying out
65the purposes of ch. 718, F.S.; deleting the payment of
66money by a developer to a condominium association as a
67permissible affirmative action; providing for actions of
68conservator or receiver; providing for application to
69circuit court for an order of restitution; providing for
70imposition of civil penalties and award of court costs,
71attorney's fees, and costs of investigation under certain
72circumstances; providing for contracting for investigative
73services; providing for acceptance of grants-in-aid;
74requiring the cooperation with similar agencies on
75establishment of certain procedures, standards, and forms;
76providing what constitutes completeness of notice;
77authorizing the division to issue a notice to show cause;
78providing conforming changes; amending s. 718.509, F.S.;
79revising to incorporate provisions of s. 498.019, F.S.,
80relating to the Division of Florida Condominiums,
81Timeshares, and Mobile Homes Trust Fund; revising
82provisions to conform to the change in division name;
83providing for the deposit of moneys resulting from an
84administrative final order; amending s. 721.03, F.S.;
85clarifying that timeshare plan includes a nonspecific
86multisite timeshare plan; amending ss. 73.073, 190.009,
87192.037, 213.053, 326.002, 326.006, 380.05, 380.06,
88380.0651, 381.0065, 455.116, 475.455, 494.008, 509.512,
89517.301, 559.935, 718.103, 718.105, 718.1255, 718.5011,
90718.502, 718.504, 718.508, 718.608, 719.103, 719.1255,
91719.501, 719.502, 719.504, 719.508, 719.608, 720.301,
92720.401, 721.05, 721.07, 721.08, 721.26, 721.28, 721.301,
93721.50, 723.003, 723.006, 723.009, and 723.0611, F.S., to
94conform; providing an effective date.
95
96Be It Enacted by the Legislature of the State of Florida:
97
98     Section 1.  Paragraphs (d) and (j) of subsection (2) of
99section 20.165, Florida Statutes, are amended, and paragraph (k)
100is added to that subsection, to read:
101     20.165  Department of Business and Professional
102Regulation.--There is created a Department of Business and
103Professional Regulation.
104     (2)  The following divisions of the Department of Business
105and Professional Regulation are established:
106     (d)  Division of Florida Land Sales, Condominiums,
107Timeshares, and Mobile Homes.
108     (j)  Division of Technology, Licensure, and Testing.
109     (k)  Division of Service Operations.
110     Section 2.  Subsection (2) of section 73.073, Florida
111Statutes, is amended to read:
112     73.073  Eminent domain procedure with respect to
113condominium common elements.--
114     (2)  With respect to the exercise of eminent domain or a
115negotiated sale for the purchase or taking of a portion of the
116common elements of a condominium, the condemning authority shall
117have the responsibility of contacting the condominium
118association and acquiring the most recent rolls indicating the
119names of the unit owners or contacting the appropriate taxing
120authority to obtain the names of the owners of record on the tax
121rolls. Notification shall thereupon be sent by certified mail,
122return receipt requested, to the unit owners of record of the
123condominium units by the condemning authority indicating the
124intent to purchase or take the required property and requesting
125a response from the unit owner. The condemning authority shall
126be responsible for the expense of sending notification pursuant
127to this section. Such notice shall, at a minimum, include:
128     (a)  The name and address of the condemning authority.
129     (b)  A written or visual description of the property.
130     (c)  The public purpose for which the property is needed.
131     (d)  The appraisal value of the property.
132     (e)  A clear, concise statement relating to the unit
133owner's right to object to the taking or appraisal value and the
134procedures and effects of exercising that right.
135     (f)  A clear, concise statement relating to the power of
136the association to convey the property on behalf of the unit
137owners if no objection to the taking or appraisal value is
138raised, and the effects of this alternative on the unit owner.
139
140The Division of Florida Land Sales, Condominiums, Timeshares,
141and Mobile Homes of the Department of Business and Professional
142Regulation may adopt, by rule, a standard form for such notice
143and may require the notice to include any additional relevant
144information.
145     Section 3.  Subsections (2) and (3) of section 190.009,
146Florida Statutes, are amended to read:
147     190.009  Disclosure of public financing.--
148     (2)  The Division of Florida Land Sales, Condominiums, and
149Mobile Homes of the Department of Business and Professional
150Regulation shall ensure that disclosures made by developers
151pursuant to chapter 498 meet the requirements of subsection (1).
152     (2)(3)  The Department of Community Affairs shall keep a
153current list of districts and their disclosures pursuant to this
154act and shall make such studies and reports and take such
155actions as it deems necessary.
156     Section 4.  Paragraph (e) of subsection (6) of section
157192.037, Florida Statutes, is amended to read:
158     192.037  Fee timeshare real property; taxes and
159assessments; escrow.--
160     (6)
161     (e)  On or before May 1 of each year, a statement of
162receipts and disbursements of the escrow account must be filed
163with the Division of Florida Land Sales, Condominiums,
164Timeshares, and Mobile Homes of the Department of Business and
165Professional Regulation, which may enforce this paragraph
166pursuant to s. 721.26. This statement must appropriately show
167the amount of principal and interest in such account.
168     Section 5.  Paragraph (i) of subsection (8) of section
169213.053, Florida Statutes, is amended to read:
170     213.053  Confidentiality and information sharing.--
171     (8)  Notwithstanding any other provision of this section,
172the department may provide:
173     (i)  Information relative to chapters 212 and 326 to the
174Division of Florida Land Sales, Condominiums, Timeshares, and
175Mobile Homes of the Department of Business and Professional
176Regulation in the conduct of its official duties.
177
178Disclosure of information under this subsection shall be
179pursuant to a written agreement between the executive director
180and the agency. Such agencies, governmental or nongovernmental,
181shall be bound by the same requirements of confidentiality as
182the Department of Revenue. Breach of confidentiality is a
183misdemeanor of the first degree, punishable as provided by s.
184775.082 or s. 775.083.
185     Section 6.  Paragraph (d) of subsection (4) of section
186215.20, Florida Statutes, is amended to read:
187     215.20  Certain income and certain trust funds to
188contribute to the General Revenue Fund.--
189     (4)  The income of a revenue nature deposited in the
190following described trust funds, by whatever name designated, is
191that from which the appropriations authorized by subsection (3)
192shall be made:
193     (d)  Within the Department of Business and Professional
194Regulation:
195     1.  The Administrative Trust Fund.
196     2.  The Alcoholic Beverage and Tobacco Trust Fund.
197     3.  The Cigarette Tax Collection Trust Fund.
198     4.  The Division of Florida Land Sales, Condominiums,
199Timeshares, and Mobile Homes Trust Fund.
200     5.  The Hotel and Restaurant Trust Fund, with the exception
201of those fees collected for the purpose of funding of the
202hospitality education program as stated in s. 509.302.
203     6.  The Professional Regulation Trust Fund.
204     7.  The trust funds administered by the Division of Pari-
205mutuel Wagering.
206
207The enumeration of the foregoing moneys or trust funds shall not
208prohibit the applicability thereto of s. 215.24 should the
209Governor determine that for the reasons mentioned in s. 215.24
210the money or trust funds should be exempt herefrom, as it is the
211purpose of this law to exempt income from its force and effect
212when, by the operation of this law, federal matching funds or
213contributions or private grants to any trust fund would be lost
214to the state.
215     Section 7.  Subsection (2) of section 326.002, Florida
216Statutes, is amended to read:
217     326.002  Definitions.--As used in ss. 326.001-326.006, the
218term:
219     (2)  "Division" means the Division of Florida Land Sales,
220Condominiums, Timeshares, and Mobile Homes of the Department of
221Business and Professional Regulation.
222     Section 8.  Paragraph (d) of subsection (2) and subsection
223(3) of section 326.006, Florida Statutes, are amended to read:
224     326.006  Powers and duties of division.--
225     (2)  The division has the power to enforce and ensure
226compliance with the provisions of this chapter and rules adopted
227under this chapter relating to the sale and ownership of yachts
228and ships. In performing its duties, the division has the
229following powers and duties:
230     (d)  Notwithstanding any remedies available to a yacht or
231ship purchaser, if the division has reasonable cause to believe
232that a violation of any provision of this chapter or rule
233adopted under this chapter has occurred, the division may
234institute enforcement proceedings in its own name against any
235broker or salesperson or any of his or her assignees or agents,
236or against any unlicensed person or any of his or her assignees
237or agents, as follows:
238     1.  The division may permit a person whose conduct or
239actions are under investigation to waive formal proceedings and
240enter into a consent proceeding whereby orders, rules, or
241letters of censure or warning, whether formal or informal, may
242be entered against the person.
243     2.  The division may issue an order requiring the broker or
244salesperson or any of his or her assignees or agents, or
245requiring any unlicensed person or any of his or her assignees
246or agents, to cease and desist from the unlawful practice and
247take such affirmative action as in the judgment of the division
248will carry out the purposes of this chapter.
249     3.  The division may bring an action in circuit court on
250behalf of a class of yacht or ship purchasers for declaratory
251relief, injunctive relief, or restitution.
252     4.  The division may impose a civil penalty against a
253broker or salesperson or any of his or her assignees or agents,
254or against an unlicensed person or any of his or her assignees
255or agents, for any violation of this chapter or a rule adopted
256under this chapter. A penalty may be imposed for each day of
257continuing violation, but in no event may the penalty for any
258offense exceed $10,000. All amounts collected must be deposited
259with the Chief Financial Officer to the credit of the Division
260of Florida Land Sales, Condominiums, Timeshares, and Mobile
261Homes Trust Fund. If a broker, salesperson, or unlicensed person
262working for a broker, fails to pay the civil penalty, the
263division shall thereupon issue an order suspending the broker's
264license until such time as the civil penalty is paid or may
265pursue enforcement of the penalty in a court of competent
266jurisdiction. The order imposing the civil penalty or the order
267of suspension may not become effective until 20 days after the
268date of such order. Any action commenced by the division must be
269brought in the county in which the division has its executive
270offices or in the county where the violation occurred.
271     (3)  All fees must be deposited in the Division of Florida
272Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
273Fund as provided by law.
274     Section 9.  Subsection (18) of section 380.05, Florida
275Statutes, is amended to read:
276     380.05  Areas of critical state concern.--
277     (18)  Neither the designation of an area of critical state
278concern nor the adoption of any regulations for such an area
279shall in any way limit or modify the rights of any person to
280complete any development that was has been authorized by
281registration of a subdivision pursuant to former chapter 498 or
282former chapter 478, by recordation pursuant to local subdivision
283plat law, or by a building permit or other authorization to
284commence development on which there has been reliance and a
285change of position, and which registration or recordation was
286accomplished, or which permit or authorization was issued, prior
287to the approval under subsection (6), or the adoption under
288subsection (8), of land development regulations for the area of
289critical state concern. If a developer has by his or her actions
290in reliance on prior regulations obtained vested or other legal
291rights that in law would have prevented a local government from
292changing those regulations in a way adverse to the developer's
293interests, nothing in this chapter authorizes any governmental
294agency to abridge those rights.
295     Section 10.  Subsection (20) of section 380.06, Florida
296Statutes, is amended to read:
297     380.06  Developments of regional impact.--
298     (20)  VESTED RIGHTS.--Nothing in this section shall limit
299or modify the rights of any person to complete any development
300that was has been authorized by registration of a subdivision
301pursuant to former chapter 498, by recordation pursuant to local
302subdivision plat law, or by a building permit or other
303authorization to commence development on which there has been
304reliance and a change of position and which registration or
305recordation was accomplished, or which permit or authorization
306was issued, prior to July 1, 1973. If a developer has, by his or
307her actions in reliance on prior regulations, obtained vested or
308other legal rights that in law would have prevented a local
309government from changing those regulations in a way adverse to
310the developer's interests, nothing in this chapter authorizes
311any governmental agency to abridge those rights.
312     (a)  For the purpose of determining the vesting of rights
313under this subsection, approval pursuant to local subdivision
314plat law, ordinances, or regulations of a subdivision plat by
315formal vote of a county or municipal governmental body having
316jurisdiction after August 1, 1967, and prior to July 1, 1973, is
317sufficient to vest all property rights for the purposes of this
318subsection; and no action in reliance on, or change of position
319concerning, such local governmental approval is required for
320vesting to take place. Anyone claiming vested rights under this
321paragraph must so notify the department in writing by January 1,
3221986. Such notification shall include information adequate to
323document the rights established by this subsection. When such
324notification requirements are met, in order for the vested
325rights authorized pursuant to this paragraph to remain valid
326after June 30, 1990, development of the vested plan must be
327commenced prior to that date upon the property that the state
328land planning agency has determined to have acquired vested
329rights following the notification or in a binding letter of
330interpretation. When the notification requirements have not been
331met, the vested rights authorized by this paragraph shall expire
332June 30, 1986, unless development commenced prior to that date.
333     (b)  For the purpose of this act, the conveyance of, or the
334agreement to convey, property to the county, state, or local
335government as a prerequisite to zoning change approval shall be
336construed as an act of reliance to vest rights as determined
337under this subsection, provided such zoning change is actually
338granted by such government.
339     Section 11.  Paragraph (a) of subsection (4) of section
340380.0651, Florida Statutes, is amended to read:
341     380.0651  Statewide guidelines and standards.--
342     (4)  Two or more developments, represented by their owners
343or developers to be separate developments, shall be aggregated
344and treated as a single development under this chapter when they
345are determined to be part of a unified plan of development and
346are physically proximate to one other.
347     (a)  The criteria of two of the following subparagraphs
348must be met in order for the state land planning agency to
349determine that there is a unified plan of development:
350     1.a.  The same person has retained or shared control of the
351developments;
352     b.  The same person has ownership or a significant legal or
353equitable interest in the developments; or
354     c.  There is common management of the developments
355controlling the form of physical development or disposition of
356parcels of the development.
357     2.  There is a reasonable closeness in time between the
358completion of 80 percent or less of one development and the
359submission to a governmental agency of a master plan or series
360of plans or drawings for the other development which is
361indicative of a common development effort.
362     3.  A master plan or series of plans or drawings exists
363covering the developments sought to be aggregated which have
364been submitted to a local general-purpose government, water
365management district, the Florida Department of Environmental
366Protection, or the Division of Florida Land Sales, Condominiums,
367Timeshares, and Mobile Homes for authorization to commence
368development. The existence or implementation of a utility's
369master utility plan required by the Public Service Commission or
370general-purpose local government or a master drainage plan shall
371not be the sole determinant of the existence of a master plan.
372     4.  The voluntary sharing of infrastructure that is
373indicative of a common development effort or is designated
374specifically to accommodate the developments sought to be
375aggregated, except that which was implemented because it was
376required by a local general-purpose government; water management
377district; the Department of Environmental Protection; the
378Division of Florida Land Sales, Condominiums, Timeshares, and
379Mobile Homes; or the Public Service Commission.
380     5.  There is a common advertising scheme or promotional
381plan in effect for the developments sought to be aggregated.
382     Section 12.  Paragraph (c) of subsection (4) of section
383381.0065, Florida Statutes, is amended to read:
384     381.0065  Onsite sewage treatment and disposal systems;
385regulation.--
386     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
387not construct, repair, modify, abandon, or operate an onsite
388sewage treatment and disposal system without first obtaining a
389permit approved by the department. The department may issue
390permits to carry out this section, but shall not make the
391issuance of such permits contingent upon prior approval by the
392Department of Environmental Protection, except that the issuance
393of a permit for work seaward of the coastal construction control
394line established under s. 161.053 shall be contingent upon
395receipt of any required coastal construction control line permit
396from the Department of Environmental Protection. A construction
397permit is valid for 18 months from the issuance date and may be
398extended by the department for one 90-day period under rules
399adopted by the department. A repair permit is valid for 90 days
400from the date of issuance. An operating permit must be obtained
401prior to the use of any aerobic treatment unit or if the
402establishment generates commercial waste. Buildings or
403establishments that use an aerobic treatment unit or generate
404commercial waste shall be inspected by the department at least
405annually to assure compliance with the terms of the operating
406permit. The operating permit for a commercial wastewater system
407is valid for 1 year from the date of issuance and must be
408renewed annually. The operating permit for an aerobic treatment
409unit is valid for 2 years from the date of issuance and must be
410renewed every 2 years. If all information pertaining to the
411siting, location, and installation conditions or repair of an
412onsite sewage treatment and disposal system remains the same, a
413construction or repair permit for the onsite sewage treatment
414and disposal system may be transferred to another person, if the
415transferee files, within 60 days after the transfer of
416ownership, an amended application providing all corrected
417information and proof of ownership of the property. There is no
418fee associated with the processing of this supplemental
419information. A person may not contract to construct, modify,
420alter, repair, service, abandon, or maintain any portion of an
421onsite sewage treatment and disposal system without being
422registered under part III of chapter 489. A property owner who
423personally performs construction, maintenance, or repairs to a
424system serving his or her own owner-occupied single-family
425residence is exempt from registration requirements for
426performing such construction, maintenance, or repairs on that
427residence, but is subject to all permitting requirements. A
428municipality or political subdivision of the state may not issue
429a building or plumbing permit for any building that requires the
430use of an onsite sewage treatment and disposal system unless the
431owner or builder has received a construction permit for such
432system from the department. A building or structure may not be
433occupied and a municipality, political subdivision, or any state
434or federal agency may not authorize occupancy until the
435department approves the final installation of the onsite sewage
436treatment and disposal system. A municipality or political
437subdivision of the state may not approve any change in occupancy
438or tenancy of a building that uses an onsite sewage treatment
439and disposal system until the department has reviewed the use of
440the system with the proposed change, approved the change, and
441amended the operating permit.
442     (c)  Notwithstanding the provisions of paragraphs (a) and
443(b), for subdivisions platted of record on or before October 1,
4441991, when a developer or other appropriate entity has
445previously made or makes provisions, including financial
446assurances or other commitments, acceptable to the Department of
447Health, that a central water system will be installed by a
448regulated public utility based on a density formula, private
449potable wells may be used with onsite sewage treatment and
450disposal systems until the agreed-upon densities are reached.
451The department may consider assurances filed with the Department
452of Business and Professional Regulation under chapter 498 in
453determining the adequacy of the financial assurance required by
454this paragraph. In a subdivision regulated by this paragraph,
455the average daily sewage flow may not exceed 2,500 gallons per
456acre per day. This section does not affect the validity of
457existing prior agreements. After October 1, 1991, the exception
458provided under this paragraph is not available to a developer or
459other appropriate entity.
460     Section 13.  Subsections (8) through (12) of section
461450.33, Florida Statutes, are amended to read:
462     450.33  Duties of farm labor contractor.--Every farm labor
463contractor must:
464     (8)  File, within such time as the department may
465prescribe, a set of his or her fingerprints.
466     (8)(9)  Produce evidence to the department that each
467vehicle he or she uses for the transportation of employees
468complies with the requirements and specifications established in
469chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
470Pub. L. No. 97-470 meeting Department of Transportation
471requirements or, in lieu thereof, bears a valid inspection
472sticker showing that the vehicle has passed the inspection in
473the state in which the vehicle is registered.
474     (9)(10)  Comply with all applicable statutes, rules, and
475regulations of the United States and of the State of Florida for
476the protection or benefit of labor, including, but not limited
477to, those providing for wages, hours, fair labor standards,
478social security, workers' compensation, unemployment
479compensation, child labor, and transportation.
480     (10)(11)  Maintain accurate daily field records for each
481employee actually paid by the farm labor contractor reflecting
482the hours worked for the farm labor contractor and, if paid by
483unit, the number of units harvested and the amount paid per
484unit.
485     (11)(12)  Clearly display on each vehicle used to transport
486migrant or seasonal farm workers a display sticker issued by the
487department, which states that the vehicle is authorized by the
488department to transport farm workers and the expiration date of
489the authorization.
490     Section 14.  Subsection (10) is added to section 455.203,
491Florida Statutes, to read:
492     455.203  Department; powers and duties.--The department,
493for the boards under its jurisdiction, shall:
494     (10)  Have authority to:
495     (a)  Close and terminate deficient license application
496files 2 years after the board or the department notifies the
497applicant of the deficiency; and
498     (b)  Approve applications for professional licenses that
499meet all statutory and rule requirements for licensure.
500     Section 15.  Subsection (5) of section 455.116, Florida
501Statutes, is amended to read:
502     455.116  Regulation trust funds.--The following trust funds
503shall be placed in the department:
504     (5)  Division of Florida Land Sales, Condominiums,
505Timeshares, and Mobile Homes Trust Fund.
506     Section 16.  Subsection (1) of section 455.217, Florida
507Statutes, is amended to read:
508     455.217  Examinations.--This section shall be read in
509conjunction with the appropriate practice act associated with
510each regulated profession under this chapter.
511     (1)  The Division of Service Operations Technology,
512Licensure, and Testing of the Department of Business and
513Professional Regulation shall provide, contract, or approve
514services for the development, preparation, administration,
515scoring, score reporting, and evaluation of all examinations.
516The division shall seek the advice of the appropriate board in
517providing such services.
518     (a)  The department, acting in conjunction with the
519Division of Service Operations Technology, Licensure, and
520Testing and the Division of Real Estate, as appropriate, shall
521ensure that examinations adequately and reliably measure an
522applicant's ability to practice the profession regulated by the
523department. After an examination developed or approved by the
524department has been administered, the board or department may
525reject any question which does not reliably measure the general
526areas of competency specified in the rules of the board or
527department, when there is no board. The department shall use
528professional testing services for the development, preparation,
529and evaluation of examinations, when such services are available
530and approved by the board.
531     (b)  For each examination developed by the department or
532contracted vendor, to the extent not otherwise specified by
533statute, the board or the department when there is no board,
534shall by rule specify the general areas of competency to be
535covered by the examination, the relative weight to be assigned
536in grading each area tested, the score necessary to achieve a
537passing grade, and the fees, where applicable, to cover the
538actual cost for any purchase, development, and administration of
539the required examination. However, statutory fee caps in each
540practice act shall apply. This subsection does not apply to
541national examinations approved and administered pursuant to
542paragraph (d).
543     (c)  If a practical examination is deemed to be necessary,
544rules shall specify the criteria by which examiners are to be
545selected, the grading criteria to be used by the examiner, the
546relative weight to be assigned in grading each criterion, and
547the score necessary to achieve a passing grade. When a mandatory
548standardization exercise for a practical examination is required
549by law, the board may conduct such exercise. Therefore, board
550members may serve as examiners at a practical examination with
551the consent of the board.
552     (d)  A board, or the department when there is no board, may
553approve by rule the use of any national examination which the
554department has certified as meeting requirements of national
555examinations and generally accepted testing standards pursuant
556to department rules. Providers of examinations, which may be
557either profit or nonprofit entities, seeking certification by
558the department shall pay the actual costs incurred by the
559department in making a determination regarding the
560certification. The department shall use any national examination
561which is available, certified by the department, and approved by
562the board. The name and number of a candidate may be provided to
563a national contractor for the limited purpose of preparing the
564grade tape and information to be returned to the board or
565department or, to the extent otherwise specified by rule, the
566candidate may apply directly to the vendor of the national
567examination. The department may delegate to the board the duty
568to provide and administer the examination. Any national
569examination approved by a board, or the department when there is
570no board, prior to October 1, 1997, is deemed certified under
571this paragraph. Any licensing or certification examination that
572is not developed or administered by the department in-house or
573provided as a national examination shall be competitively bid.
574     (e)  The department shall adopt rules regarding the
575security and monitoring of examinations. In order to maintain
576the security of examinations, the department may employ the
577procedures set forth in s. 455.228 to seek fines and injunctive
578relief against an examinee who violates the provisions of s.
579455.2175 or the rules adopted pursuant to this paragraph. The
580department, or any agent thereof, may, for the purposes of
581investigation, confiscate any written, photographic, or
582recording material or device in the possession of the examinee
583at the examination site which the department deems necessary to
584enforce such provisions or rules.
585     (f)  If the professional board with jurisdiction over an
586examination concurs, the department may, for a fee, share with
587any other state's licensing authority an examination developed
588by or for the department unless prohibited by a contract entered
589into by the department for development or purchase of the
590examination. The department, with the concurrence of the
591appropriate board, shall establish guidelines that ensure
592security of a shared exam and shall require that any other
593state's licensing authority comply with those guidelines. Those
594guidelines shall be approved by the appropriate professional
595board. All fees paid by the user shall be applied to the
596department's examination and development program for professions
597regulated by this chapter. All fees paid by the user for
598professions not regulated by this chapter shall be applied to
599offset the fees for the development and administration of that
600profession's examination. If both a written and a practical
601examination are given, an applicant shall be required to retake
602only the portion of the examination for which he or she failed
603to achieve a passing grade, if he or she successfully passes
604that portion within a reasonable time of his or her passing the
605other portion.
606     Section 17.  Subsection (6) is added to section 455.2273,
607Florida Statutes, to read:
608     455.2273  Disciplinary guidelines.--
609     (6)  Notwithstanding s. 455.017, this section applies to
610disciplinary guidelines adopted by all boards or divisions
611within the department.
612     Section 18.  Paragraph (b) of subsection (2) of section
613475.17, Florida Statutes, is amended to read:
614     475.17  Qualifications for practice.--
615     (2)
616     (b)  A person may not be licensed as a real estate broker
617unless, in addition to the other requirements of law, the person
618has held:
619     1.  An active real estate sales associate's license for at
620least 24 12 months during the preceding 5 years in the office of
621one or more real estate brokers licensed in this state or any
622other state, territory, or jurisdiction of the United States or
623in any foreign national jurisdiction;
624     2.  A current and valid real estate sales associate's
625license for at least 24 12 months during the preceding 5 years
626in the employ of a governmental agency for a salary and
627performing the duties authorized in this part for real estate
628licensees; or
629     3.  A current and valid real estate broker's license for at
630least 24 12 months during the preceding 5 years in any other
631state, territory, or jurisdiction of the United States or in any
632foreign national jurisdiction.
633
634This paragraph does not apply to a person employed as a real
635estate investigator by the Division of Real Estate, provided the
636person has been employed as a real estate investigator for at
637least 24 months. The person must be currently employed as a real
638estate investigator to sit for the real estate broker's
639examination and have held a valid and current sales associate's
640license for at least 12 months.
641     Section 19.  Subsection (9) of section 475.451, Florida
642Statutes, is amended to read:
643     475.451  Schools teaching real estate practice.--
644     (9)(a)  Each school permitholder of a proprietary real
645estate school, each chief administrative person of such an
646institution, or each course sponsor shall deliver to the
647department, in a format acceptable to the department, a copy of
648the classroom course roster of courses that require satisfactory
649completion of an examination no later than 30 days beyond the
650end of the calendar month in which the course was completed.
651     (b)  The course roster shall consist of the institution or
652school name and permit number, if applicable, the instructor's
653name and permit number, if applicable, course title, beginning
654and ending dates of the course, number of course hours, course
655location, if applicable, each student's full name and license
656number, if applicable, each student's mailing address, and the
657numerical grade each student achieved. The course roster shall
658also include the signature of the school permitholder, the chief
659administrative person, or the course sponsor.
660     Section 20.  Section 475.455, Florida Statutes, is amended
661to read:
662     475.455  Exchange of disciplinary information.--The
663commission shall inform the Division of Florida Land Sales,
664Condominiums, Timeshares, and Mobile Homes of the Department of
665Business and Professional Regulation of any disciplinary action
666the commission has taken against any of its licensees. The
667division shall inform the commission of any disciplinary action
668the division has taken against any broker or sales associate
669registered with the division.
670     Section 21.  Subsection (6) of section 489.105, Florida
671Statutes, is amended to read:
672     489.105  Definitions.--As used in this part:
673     (6)  "Contracting" means, except as exempted in this part,
674engaging in business as a contractor and includes, but is not
675limited to, performance of any of the acts as set forth in
676subsection (3) which define types of contractors. The attempted
677sale of contracting services and the negotiation or bid for a
678contract on these services also constitutes contracting. If the
679services offered require licensure or agent qualification, the
680offering, negotiation for a bid, or attempted sale of these
681services requires the corresponding licensure. However, the term
682"contracting" shall not extend to an individual, partnership,
683corporation, trust, or other legal entity that offers to sell or
684sells completed residences on property on which the individual
685or business entity has any legal or equitable interest, or to
686the individual or business entity that offers to sell or sells
687manufactured or factory-built buildings that will be completed
688on site on property on which either party to a contract has any
689legal or equitable interest, if the services of a qualified
690contractor certified or registered pursuant to the requirements
691of this chapter have been or will be retained for the purpose of
692constructing or completing such residences.
693     Section 22.  Section 489.511, Florida Statutes, is amended
694to read:
695     489.511  Certification; application; examinations;
696endorsement.--
697     (1)(a)  Any person who is at least 18 years of age may take
698the certification examination.
699     (b)  Any person desiring to be certified as a contractor
700shall apply to the department in writing and must meet the
701following criteria: to take the certification examination.
702     (2)(a)  A person shall be entitled to take the
703certification examination for the purpose of determining whether
704he or she is qualified to engage in contracting throughout the
705state as a contractor if the person:
706     1.  Is at least 18 years of age;
707     1.2.  Be Is of good moral character;
708     2.  Pass the certification examination, achieving a passing
709grade as established by board rule; and
710     3.  Meet Meets eligibility requirements according to one of
711the following criteria:
712     a.  Has, within the 6 years immediately preceding the
713filing of the application, at least 3 years' proven management
714experience in the trade or education equivalent thereto, or a
715combination thereof, but not more than one-half of such
716experience may be educational equivalent;
717     b.  Has, within the 8 years immediately preceding the
718filing of the application, at least 4 years' experience as a
719supervisor or contractor in the trade for which he or she is
720making application;
721     c.  Has, within the 12 years immediately preceding the
722filing of the application, at least 6 years of comprehensive
723training, technical education, or supervisory experience
724associated with an electrical or alarm system contracting
725business, or at least 6 years of technical experience in
726electrical or alarm system work with the Armed Forces or a
727governmental entity;
728     d.  Has, within the 12 years immediately preceding the
729filing of the application, been licensed for 3 years as a
730professional engineer who is qualified by education, training,
731or experience to practice electrical engineering; or
732     e.  Has any combination of qualifications under sub-
733subparagraphs a.-c. totaling 6 years of experience.
734     (c)(b)  For purposes of this subsection, "supervisor" means
735a person having the experience gained while having the general
736duty of overseeing the technical duties of the trade, provided
737that such experience is gained by a person who is able to
738perform the technical duties of the trade without supervision.
739     (d)(c)  For purposes of this subsection, at least 40
740percent of the work experience for an alarm system contractor I
741must be in the types of fire alarm systems typically used in a
742commercial setting.
743     (2)(3)  The board may determine by rule the number of times
744per year the applicant may take the examination and after three
745unsuccessful attempts may On or after October 1, 1998, every
746applicant who is qualified shall be allowed to take the
747examination three times, notwithstanding the number of times the
748applicant has previously failed the examination. If an applicant
749fails the examination three times after October 1, 1998, the
750board shall require the applicant to complete additional
751college-level or technical education courses in the areas of
752deficiency, as determined by the board, as a condition of future
753eligibility to take the examination. The applicant must also
754submit a new application that meets all certification
755requirements at the time of its submission and must pay all
756appropriate fees.
757     (3)(4)(a)  "Good moral character" means a personal history
758of honesty, fairness, and respect for the rights of others and
759for laws of this state and nation.
760     (b)  The board may determine that an individual applying
761for certification is ineligible to take the examination for
762failure to satisfy the requirement of good moral character only
763if:
764     1.  There is a substantial connection between the lack of
765good moral character of the individual and the professional
766responsibilities of a certified contractor; and
767     2.  The finding by the board of lack of good moral
768character is supported by clear and convincing evidence.
769     (c)  When an individual is found to be unqualified for
770certification examination because of a lack of good moral
771character, the board shall furnish such individual a statement
772containing the findings of the board, a complete record of the
773evidence upon which the determination was based, and a notice of
774the rights of the individual to a rehearing and appeal.
775     (4)(5)  The board shall, by rule, designate those types of
776specialty electrical or alarm system contractors who may be
777certified under this part. The limit of the scope of work and
778responsibility of a certified specialty contractor shall be
779established by board rule. A certified specialty contractor
780category exists as an optional statewide licensing category.
781Qualification for certification in a specialty category created
782by rule shall be the same as set forth in paragraph (1)(b)
783(2)(a). The existence of a specialty category created by rule
784does not itself create any licensing requirement; however,
785neither does its optional nature remove any licensure
786requirement established elsewhere in this part.
787     (5)(6)  The board shall certify as qualified for
788certification by endorsement any individual applying for
789certification who:
790     (a)  Meets the requirements for certification as set forth
791in this section; has passed a national, regional, state, or
792United States territorial licensing examination that is
793substantially equivalent to the examination required by this
794part; and has satisfied the requirements set forth in s.
795489.521; or
796     (b)  Holds a valid license to practice electrical or alarm
797system contracting issued by another state or territory of the
798United States, if the criteria for issuance of such license was
799substantially equivalent to the certification criteria that
800existed in this state at the time the certificate was issued.
801     (6)(7)  Upon the issuance of a certificate, any previously
802issued registered licenses for the classification in which the
803certification is issued are rendered void.
804     Section 23.  Paragraph (b) of subsection (1) of section
805489.515, Florida Statutes, is amended to read:
806     489.515  Issuance of certificates; registrations.--
807     (1)
808     (b)  The board shall certify as qualified for certification
809any person who satisfies the requirements of s. 489.511, who
810successfully passes the certification examination administered
811by the department, achieving a passing grade as established by
812board rule, and who submits satisfactory evidence that he or she
813has obtained both workers' compensation insurance or an
814acceptable exemption certificate issued by the department and
815public liability and property damage insurance for the health,
816safety, and welfare of the public in amounts determined by rule
817of the board, and furnishes evidence of financial
818responsibility, credit, and business reputation of either
819himself or herself or the business organization he or she
820desires to qualify.
821     Section 24.  Section 494.008, Florida Statutes, is amended
822to read:
823     494.008  Mortgages offered by land developers licensed
824pursuant to the Florida Uniform Land Sales Practices Law;
825requirements; prohibitions.--No mortgage loan which has a face
826amount of $35,000 or less and is secured by vacant land
827registered under the Florida Uniform Land Sales Practices Law,
828chapter 498, shall be sold to a mortgagee, except a financial
829institution, by any person unless all of the following
830requirements are met:
831     (1)  Each mortgage securing a note or other obligation sold
832or offered for sale shall be eligible for a recordation as a
833first mortgage.
834     (2)  Each mortgage negotiated pursuant to this section must
835include a mortgagee's title insurance policy or an opinion of
836title, from an attorney who is licensed to practice law in this
837state, on each parcel of land which is described in the
838mortgage. The policy or opinion shall reflect that there are no
839other mortgages on the property. A notice stating the priority
840of the mortgage shall be placed on the face of each mortgage in
841an amount over $35,000 issued pursuant to this section.
842     (3)  Contracts to purchase a mortgage loan shall contain,
843immediately above the purchaser's signature line, the statement
844in 10-point boldfaced type: "This mortgage is secured by vacant
845land subject to development at a future time." This statement
846shall also be typed or printed in 10-point type on the face of
847the note and mortgage sold.
848     (4)  The most recent assessment for tax purposes made by
849the county property appraiser of each parcel of land described
850in the mortgage shall be furnished to each mortgagee.
851     (5)  The mortgage broker shall record or cause to be
852recorded all mortgages or other similar documents prior to
853delivery of the note and mortgage to the mortgagee.
854     (6)  All funds received by the mortgage broker pursuant to
855this section shall promptly be deposited in the broker's trust
856account where they shall remain until the note and mortgage are
857fully executed and recorded.
858     (7)  Willful failure to comply with any of the above
859provisions shall subject the person to the penalties of s.
860494.05.
861     Section 25.  Section 498.009, Florida Statutes, is
862renumbered as section 718.50152, Florida Statutes.
863     Section 26.  Section 498.011, Florida Statutes, is
864renumbered as section 718.50153, Florida Statutes, and amended
865to read:
866     718.50153 498.011  Payment of per diem, mileage, and other
867expenses to division employees.--The amount of per diem and
868mileage and expense money paid to employees shall be as provided
869in s. 112.061, except that the division shall establish by rule
870the standards for reimbursement of actual verified expenses
871incurred in connection with an on-site review inspection or
872investigation of subdivided lands.
873     Section 27.  Section 498.013, Florida Statutes, is
874renumbered as section 718.50154, Florida Statutes.
875     Section 28.  Section 498.057, Florida Statutes, is
876renumbered as section 718.50155, Florida Statutes, and amended,
877to read:
878     718.50155 498.057  Service of process.--
879     (1)  In addition to the methods of service provided for in
880the Florida Rules of Civil Procedure and the Florida Statutes,
881service may be made and by delivering a copy of the process to
882the director of the division, which shall be binding upon the
883defendant or respondent if:
884     (a)  The division plaintiff, which is acting as the
885petitioner or plaintiff may be the division, immediately sends a
886copy of the process and of the pleading by certified mail to the
887defendant or respondent at his or her last known address;, and
888     (b)  The division plaintiff files an affidavit of
889compliance with this section on or before the return date of the
890process or within the time set by the court.
891     (2)  If any person, including any nonresident of this
892state, allegedly engages in conduct prohibited by this chapter,
893or any rule or order of the division, and has not filed a
894consent to service of process, and personal jurisdiction over
895him or her cannot otherwise be obtained in this state, the
896director shall be authorized to receive service of process in
897any noncriminal proceeding against that person or his or her
898successor which grows out of the conduct and which is brought by
899the division under this chapter or any rule or order of the
900division. The process shall have the same force and validity as
901if personally served. Notice shall be given as provided in
902subsection (1).
903     Section 29.  Sections 498.001, 498.003, 498.005, 498.007,
904498.017, 498.019, 498.021, 498.022, 498.023, 498.024, 498.025,
905498.027, 498.028, 498.029, 498.031, 498.033, 498.035, 498.037,
906498.039, 498.041, 498.047, 498.049, 498.051, 498.053, 498.059,
907498.061, and 498.063, Florida Statutes, are repealed.
908     Section 30.  Section 509.512, Florida Statutes, is amended
909to read:
910     509.512  Timeshare plan developer and exchange company
911exemption.--Sections 509.501-509.511 do not apply to a developer
912of a timeshare plan or an exchange company approved by the
913Division of Florida Land Sales, Condominiums, Timeshares, and
914Mobile Homes pursuant to chapter 721, but only to the extent
915that the developer or exchange company engages in conduct
916regulated under chapter 721.
917     Section 31.  Subsection (2) of section 517.301, Florida
918Statutes, is amended to read:
919     517.301  Fraudulent transactions; falsification or
920concealment of facts.--
921     (2)  For purposes of ss. 517.311 and 517.312 and this
922section, the term "investment" means any commitment of money or
923property principally induced by a representation that an
924economic benefit may be derived from such commitment, except
925that the term "investment" does not include a commitment of
926money or property for:
927     (a)  The purchase of a business opportunity, business
928enterprise, or real property through a person licensed under
929chapter 475 or registered under former chapter 498; or
930     (b)  The purchase of tangible personal property through a
931person not engaged in telephone solicitation, where said
932property is offered and sold in accordance with the following
933conditions:
934     1.  There are no specific representations or guarantees
935made by the offeror or seller as to the economic benefit to be
936derived from the purchase;
937     2.  The tangible property is delivered to the purchaser
938within 30 days after sale, except that such 30-day period may be
939extended by the office if market conditions so warrant; and
940     3.  The seller has offered the purchaser a full refund
941policy in writing, exercisable by the purchaser within 10 days
942of the date of delivery of such tangible personal property,
943except that the amount of such refund may not in no event shall
944exceed the bid price in effect at the time the property is
945returned to the seller. If the applicable sellers' market is
946closed at the time the property is returned to the seller for a
947refund, the amount of such refund shall be based on the bid
948price for such property at the next opening of such market.
949     Section 32.  Subsection (4) of section 548.0065, Florida
950Statutes, is amended to read:
951     548.0065  Amateur matches; sanctioning and supervision;
952health and safety standards; compliance checks; continuation,
953suspension, and revocation of sanctioning approval.--
954     (4)  Any member of the commission or the executive director
955of the commission may suspend the approval of an amateur
956sanctioning organization for failure to supervise amateur
957matches or to enforce the approved health and safety standards
958required under this chapter, provided that the suspension
959complies with the procedures for summary suspensions in s.
960120.60(6). At any amateur boxing, or kickboxing, or mixed
961martial arts contest, any member of the commission or a
962representative of the commission may immediately suspend one or
963more matches in an event whenever it appears that the match or
964matches violate the health and safety standards established by
965rule as required by this chapter. A law enforcement officer may
966assist any member of the commission or a representative of the
967commission to enforce an order to stop a contest if called upon
968to do so by a member of the commission or a representative of
969the commission.
970     Section 33.  Subsections (2), (3), and (4) of section
971548.008, Florida Statutes, are amended to read:
972     548.008  Prohibited competitions.--
973     (2)  No amateur mixed martial arts match may be held in
974this state.
975     (2)(3)  No professional match may be held in this state
976unless it meets the requirements for holding the match as
977provided in this chapter and the rules adopted by the
978commission.
979     (3)(4)(a)  Any person participating in a match prohibited
980under this section, knowing the match to be prohibited, commits
981a misdemeanor of the second degree, punishable as provided in s.
982775.082 or s. 775.083.
983     (b)  Any person holding, promoting, or sponsoring a match
984prohibited under this section commits a felony of the third
985degree, punishable as provided in s. 775.082, s. 775.083, or s.
986775.084.
987     Section 34.  Subsection (1) of section 548.041, Florida
988Statutes, is amended to read:
989     548.041  Age, condition, and suspension of participants.--
990     (1)  A person may shall not be licensed as a participant,
991and the license of a any participant shall be suspended or
992revoked, if such person:
993     (a)  Is under the age of 18;
994     (b)  Has participated in a match in this state which was
995not sanctioned by the commission or by a Native American
996commission properly constituted under federal law; or
997     (c)  Does not meet certain health and medical examination
998conditions as required by rule of the commission;.
999     (d)  Has not competed in a minimum number of amateur boxing
1000events as determined by commission rule prior to licensure; or
1001     (e)  Has not participated in a minimum number of amateur
1002mixed martial arts events as determined by commission rule prior
1003to licensure.
1004     Section 35.  Subsection (1) of section 559.935, Florida
1005Statutes, is amended to read:
1006     559.935  Exemptions.--
1007     (1)  This part does not apply to:
1008     (a)  A bona fide employee of a seller of travel who is
1009engaged solely in the business of her or his employer;
1010     (b)  Any direct common carrier of passengers or property
1011regulated by an agency of the Federal Government or employees of
1012such carrier when engaged solely in the transportation business
1013of the carrier as identified in the carrier's certificate;
1014     (c)  An intrastate common carrier of passengers or property
1015selling only transportation as defined in the applicable state
1016or local registration or certification, or employees of such
1017carrier when engaged solely in the transportation business of
1018the carrier;
1019     (d)  Hotels, motels, or other places of public
1020accommodation selling public accommodations, or employees of
1021such hotels, motels, or other places of public accommodation,
1022when engaged solely in making arrangements for lodging,
1023accommodations, or sightseeing tours within the state, or taking
1024reservations for the traveler with times, dates, locations, and
1025accommodations certain at the time the reservations are made,
1026provided that hotels and motels registered with the Department
1027of Business and Professional Regulation pursuant to chapter 509
1028are excluded from the provisions of this chapter;
1029     (e)  Persons involved solely in the rental, leasing, or
1030sale of residential property;
1031     (f)  Persons involved solely in the rental, leasing, or
1032sale of transportation vehicles;
1033     (g)  Persons who make travel arrangements for themselves;
1034for their employees or agents; for distributors, franchisees, or
1035dealers of the persons' products or services; for entities which
1036are financially related to the persons; or for the employees or
1037agents of the distributor, franchisee, or dealer or financially
1038related entity;
1039     (h)  A developer of a timeshare plan or an exchange company
1040approved by the Division of Florida Land Sales, Condominiums,
1041Timeshares, and Mobile Homes pursuant to chapter 721, but only
1042to the extent that the developer or exchange company engages in
1043conduct regulated under chapter 721; or
1044     (i)  Persons or entities engaged solely in offering diving
1045services, including classes and sales or rentals of equipment,
1046when engaged in making any prearranged travel-related or
1047tourist-related services in conjunction with a primarily dive-
1048related event.
1049     Section 36.  Subsection (17) of section 718.103, Florida
1050Statutes, is amended to read:
1051     718.103  Definitions.--As used in this chapter, the term:
1052     (17)  "Division" means the Division of Florida Land Sales,
1053Condominiums, Timeshares, and Mobile Homes of the Department of
1054Business and Professional Regulation.
1055     Section 37.  Paragraph (c) of subsection (4) of section
1056718.105, Florida Statutes, is amended to read:
1057     718.105  Recording of declaration.--
1058     (4)
1059     (c)  If the sum of money held by the clerk has not been
1060paid to the developer or association as provided in paragraph
1061(b) within by 3 years after the date the declaration was
1062originally recorded, the clerk in his or her discretion may
1063notify, in writing, the registered agent of the association that
1064the sum is still available and the purpose for which it was
1065deposited. If the association does not record the certificate
1066within 90 days after the clerk has given the notice, the clerk
1067may disburse the money to the developer. If the developer cannot
1068be located, the clerk shall disburse the money to the Division
1069of Florida Land Sales, Condominiums, Timeshares, and Mobile
1070Homes for deposit in the Division of Florida Land Sales,
1071Condominiums, Timeshares, and Mobile Homes Trust Fund.
1072     Section 38.  Subsection (4) of section 718.1255, Florida
1073Statutes, is amended to read:
1074     718.1255  Alternative dispute resolution; voluntary
1075mediation; mandatory nonbinding arbitration; legislative
1076findings.--
1077     (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1078DISPUTES.--The Division of Florida Land Sales, Condominiums,
1079Timeshares, and Mobile Homes of the Department of Business and
1080Professional Regulation shall employ full-time attorneys to act
1081as arbitrators to conduct the arbitration hearings provided by
1082this chapter. The division may also certify attorneys who are
1083not employed by the division to act as arbitrators to conduct
1084the arbitration hearings provided by this section. No person may
1085be employed by the department as a full-time arbitrator unless
1086he or she is a member in good standing of The Florida Bar. The
1087department shall adopt promulgate rules of procedure to govern
1088such arbitration hearings including mediation incident thereto.
1089The decision of an arbitrator shall be final; however, such a
1090decision shall not be deemed final agency action. Nothing in
1091this provision shall be construed to foreclose parties from
1092proceeding in a trial de novo unless the parties have agreed
1093that the arbitration is binding. If such judicial proceedings
1094are initiated, the final decision of the arbitrator shall be
1095admissible in evidence in the trial de novo.
1096     (a)  Prior to the institution of court litigation, a party
1097to a dispute shall petition the division for nonbinding
1098arbitration. The petition must be accompanied by a filing fee in
1099the amount of $50. Filing fees collected under this section must
1100be used to defray the expenses of the alternative dispute
1101resolution program.
1102     (b)  The petition must recite, and have attached thereto,
1103supporting proof that the petitioner gave the respondents:
1104     1.  Advance written notice of the specific nature of the
1105dispute;
1106     2.  A demand for relief, and a reasonable opportunity to
1107comply or to provide the relief; and
1108     3.  Notice of the intention to file an arbitration petition
1109or other legal action in the absence of a resolution of the
1110dispute.
1111
1112Failure to include the allegations or proof of compliance with
1113these prerequisites requires dismissal of the petition without
1114prejudice.
1115     (c)  Upon receipt, the petition shall be promptly reviewed
1116by the division to determine the existence of a dispute and
1117compliance with the requirements of paragraphs (a) and (b). If
1118emergency relief is required and is not available through
1119arbitration, a motion to stay the arbitration may be filed. The
1120motion must be accompanied by a verified petition alleging facts
1121that, if proven, would support entry of a temporary injunction,
1122and if an appropriate motion and supporting papers are filed,
1123the division may abate the arbitration pending a court hearing
1124and disposition of a motion for temporary injunction.
1125     (d)  Upon determination by the division that a dispute
1126exists and that the petition substantially meets the
1127requirements of paragraphs (a) and (b) and any other applicable
1128rules, a copy of the petition shall forthwith be served by the
1129division upon all respondents.
1130     (e)  Either Before or after the filing of the respondents'
1131answer to the petition, any party may request that the
1132arbitrator refer the case to mediation under this section and
1133any rules adopted by the division. Upon receipt of a request for
1134mediation, the division shall promptly contact the parties to
1135determine if there is agreement that mediation would be
1136appropriate. If all parties agree, the dispute must be referred
1137to mediation. Notwithstanding a lack of an agreement by all
1138parties, the arbitrator may refer a dispute to mediation at any
1139time.
1140     (f)  Upon referral of a case to mediation, the parties must
1141select a mutually acceptable mediator. To assist in the
1142selection, the arbitrator shall provide the parties with a list
1143of both volunteer and paid mediators that have been certified by
1144the division under s. 718.501. If the parties are unable to
1145agree on a mediator within the time allowed by the arbitrator,
1146the arbitrator shall appoint a mediator from the list of
1147certified mediators. If a case is referred to mediation, the
1148parties shall attend a mediation conference, as scheduled by the
1149parties and the mediator. If any party fails to attend a duly
1150noticed mediation conference, without the permission or approval
1151of the arbitrator or mediator, the arbitrator must impose
1152sanctions against the party, including the striking of any
1153pleadings filed, the entry of an order of dismissal or default
1154if appropriate, and the award of costs and attorneys' fees
1155incurred by the other parties. Unless otherwise agreed to by the
1156parties or as provided by order of the arbitrator, a party is
1157deemed to have appeared at a mediation conference by the
1158physical presence of the party or its representative having full
1159authority to settle without further consultation, provided that
1160an association may comply by having one or more representatives
1161present with full authority to negotiate a settlement and
1162recommend that the board of administration ratify and approve
1163such a settlement within 5 days from the date of the mediation
1164conference. The parties shall share equally the expense of
1165mediation, unless they agree otherwise.
1166     (g)  The purpose of mediation as provided for by this
1167section is to present the parties with an opportunity to resolve
1168the underlying dispute in good faith, and with a minimum
1169expenditure of time and resources.
1170     (h)  Mediation proceedings must generally be conducted in
1171accordance with the Florida Rules of Civil Procedure, and these
1172proceedings are privileged and confidential to the same extent
1173as court-ordered mediation. Persons who are not parties to the
1174dispute are not allowed to attend the mediation conference
1175without the consent of all parties, with the exception of
1176counsel for the parties and corporate representatives designated
1177to appear for a party. If the mediator declares an impasse after
1178a mediation conference has been held, the arbitration proceeding
1179terminates, unless all parties agree in writing to continue the
1180arbitration proceeding, in which case the arbitrator's decision
1181shall be either binding or nonbinding, as agreed upon by the
1182parties; in the arbitration proceeding, the arbitrator shall not
1183consider any evidence relating to the unsuccessful mediation
1184except in a proceeding to impose sanctions for failure to appear
1185at the mediation conference. If the parties do not agree to
1186continue arbitration, the arbitrator shall enter an order of
1187dismissal, and either party may institute a suit in a court of
1188competent jurisdiction. The parties may seek to recover any
1189costs and attorneys' fees incurred in connection with
1190arbitration and mediation proceedings under this section as part
1191of the costs and fees that may be recovered by the prevailing
1192party in any subsequent litigation.
1193     (i)  Arbitration shall be conducted according to rules
1194adopted promulgated by the division. The filing of a petition
1195for arbitration shall toll the applicable statute of
1196limitations.
1197     (j)  At the request of any party to the arbitration, the
1198such arbitrator shall issue subpoenas for the attendance of
1199witnesses and the production of books, records, documents, and
1200other evidence and any party on whose behalf a subpoena is
1201issued may apply to the court for orders compelling such
1202attendance and production. Subpoenas shall be served and shall
1203be enforceable in the manner provided by the Florida Rules of
1204Civil Procedure. Discovery may, in the discretion of the
1205arbitrator, be permitted in the manner provided by the Florida
1206Rules of Civil Procedure. Rules adopted by the division may
1207authorize any reasonable sanctions except contempt for a
1208violation of the arbitration procedural rules of the division or
1209for the failure of a party to comply with a reasonable nonfinal
1210order issued by an arbitrator which is not under judicial
1211review.
1212     (k)  The arbitration decision shall be presented to the
1213parties in writing. An arbitration decision is final in those
1214disputes in which the parties have agreed to be bound. An
1215arbitration decision is also final if a complaint for a trial de
1216novo is not filed in a court of competent jurisdiction in which
1217the condominium is located within 30 days. The right to file for
1218a trial de novo entitles the parties to file a complaint in the
1219appropriate trial court for a judicial resolution of the
1220dispute. The prevailing party in an arbitration proceeding shall
1221be awarded the costs of the arbitration and reasonable
1222attorney's fees in an amount determined by the arbitrator. Such
1223an award shall include the costs and reasonable attorney's fees
1224incurred in the arbitration proceeding as well as the costs and
1225reasonable attorney's fees incurred in preparing for and
1226attending any scheduled mediation.
1227     (l)  The party who files a complaint for a trial de novo
1228shall be assessed the other party's arbitration costs, court
1229costs, and other reasonable costs, including attorney's fees,
1230investigation expenses, and expenses for expert or other
1231testimony or evidence incurred after the arbitration hearing if
1232the judgment upon the trial de novo is not more favorable than
1233the arbitration decision. If the judgment is more favorable, the
1234party who filed a complaint for trial de novo shall be awarded
1235reasonable court costs and attorney's fees.
1236     (m)  Any party to an arbitration proceeding may enforce an
1237arbitration award by filing a petition in a court of competent
1238jurisdiction in which the condominium is located. A petition may
1239not be granted unless the time for appeal by the filing of a
1240complaint for trial de novo has expired. If a complaint for a
1241trial de novo has been filed, a petition may not be granted with
1242respect to an arbitration award that has been stayed. If the
1243petition for enforcement is granted, the petitioner shall
1244recover reasonable attorney's fees and costs incurred in
1245enforcing the arbitration award. A mediation settlement may also
1246be enforced through the county or circuit court, as applicable,
1247and any costs and fees incurred in the enforcement of a
1248settlement agreement reached at mediation must be awarded to the
1249prevailing party in any enforcement action.
1250     Section 39.  Section 718.501, Florida Statutes, is amended
1251to read:
1252     718.501  Powers and duties of Division of Florida Land
1253Sales, Condominiums, Timeshares, and Mobile Homes.--
1254     (1)  The Division of Florida Land Sales, Condominiums,
1255Timeshares, and Mobile Homes of the Department of Business and
1256Professional Regulation, referred to as the "division" in this
1257part, in addition to other powers and duties prescribed by
1258chapter 498, has the power to enforce and ensure compliance with
1259the provisions of this chapter and rules promulgated pursuant
1260hereto relating to the development, construction, sale, lease,
1261ownership, operation, and management of residential condominium
1262units. In performing its duties, the division has the following
1263powers and duties:
1264     (a)1.  The division may make necessary public or private
1265investigations within or outside this state to determine whether
1266any person has violated this chapter or any rule or order
1267hereunder, to aid in the enforcement of this chapter, or to aid
1268in the adoption of rules or forms hereunder.
1269     2.  The division may submit any official written report,
1270worksheet, or other related paper, or a duly certified copy
1271thereof, compiled, prepared, drafted, or otherwise made by and
1272duly authenticated by a financial examiner or analyst to be
1273admitted as competent evidence in any hearing in which the
1274financial examiner or analyst is available for cross-examination
1275and attests under oath that such documents were prepared as a
1276result of an examination or inspection conducted pursuant to
1277this chapter.
1278     (b)  The division may require or permit any person to file
1279a statement in writing, under oath or otherwise, as the division
1280determines, as to the facts and circumstances concerning a
1281matter to be investigated.
1282     (c)  For the purpose of any investigation under this
1283chapter, the division director or any officer or employee
1284designated by the division director may administer oaths or
1285affirmations, subpoena witnesses and compel their attendance,
1286take evidence, and require the production of any matter which is
1287relevant to the investigation, including the existence,
1288description, nature, custody, condition, and location of any
1289books, documents, or other tangible things and the identity and
1290location of persons having knowledge of relevant facts or any
1291other matter reasonably calculated to lead to the discovery of
1292material evidence. Upon the failure by a person to obey a
1293subpoena or to answer questions propounded by the investigating
1294officer and upon reasonable notice to all persons affected
1295thereby, the division may apply to the circuit court for an
1296order compelling compliance.
1297     (d)  Notwithstanding any remedies available to unit owners
1298and associations, if the division has reasonable cause to
1299believe that a violation of any provision of this chapter or
1300related rule promulgated pursuant hereto has occurred, the
1301division may institute enforcement proceedings in its own name
1302against any developer, association, officer, or member of the
1303board of administration, or its assignees or agents, as follows:
1304     1.  The division may permit a person whose conduct or
1305actions may be under investigation to waive formal proceedings
1306and enter into a consent proceeding whereby orders, rules, or
1307letters of censure or warning, whether formal or informal, may
1308be entered against the person.
1309     2.  The division may issue an order requiring the
1310developer, association, officer, or member of the board of
1311administration, or its assignees or agents, to cease and desist
1312from the unlawful practice and take such affirmative action as
1313in the judgment of the division will carry out the purposes of
1314this chapter. Such affirmative action may include, but is not
1315limited to, an order requiring a developer to pay moneys
1316determined to be owed to a condominium association. If the
1317division finds that a developer, association, officer, or member
1318of the board of administration, or its assignees or agents, is
1319violating or is about to violate any provision of this chapter,
1320any rule adopted or order issued by the division, or any written
1321agreement entered into with the division, and presents an
1322immediate danger to the public requiring an immediate final
1323order, it may issue an emergency cease and desist order reciting
1324with particularity the facts underlying such findings. The
1325emergency cease and desist order is effective for 90 days. If
1326the division begins nonemergency cease and desist proceedings,
1327the emergency cease and desist order remains effective until the
1328conclusion of the proceedings under ss. 120.569 and 120.57.
1329     3.  The division may bring an action in circuit court on
1330behalf of a class of unit owners, lessees, or purchasers for
1331declaratory relief, injunctive relief, or restitution.
1332     4.  The division may petition the court for the appointment
1333of a receiver or conservator. If appointed, the receiver or
1334conservator may take action to implement the court order to
1335ensure the performance of the order and to remedy any breach
1336thereof. In addition to all other means provided by law for the
1337enforcement of an injunction or temporary restraining order, the
1338circuit court may impound or sequester the property of a party
1339defendant, including books, papers, documents, and related
1340records, and allow the examination and use of the property by
1341the division and a court-appointed receiver or conservator.
1342     5.  The division may apply to the circuit court for an
1343order of restitution whereby the defendant in an action brought
1344pursuant to subparagraph 4. shall be ordered to make restitution
1345of those sums shown by the division to have been obtained by the
1346defendant in violation of this chapter. Such restitution shall,
1347at the option of the court, be payable to the conservator or
1348receiver appointed pursuant to subparagraph 4. or directly to
1349the persons whose funds or assets were obtained in violation of
1350this chapter.
1351     6.4.  The division may impose a civil penalty against a
1352developer or association, or its assignee or agent, for any
1353violation of this chapter or a rule adopted under this chapter
1354promulgated pursuant hereto. The division may impose a civil
1355penalty individually against any officer or board member who
1356willfully and knowingly violates a provision of this chapter,
1357adopted a rule adopted pursuant hereto, or a final order of the
1358division. The term "willfully and knowingly" means that the
1359division informed the officer or board member that his or her
1360action or intended action violates this chapter, a rule adopted
1361under this chapter, or a final order of the division and that
1362the officer or board member refused to comply with the
1363requirements of this chapter, a rule adopted under this chapter,
1364or a final order of the division. The division, prior to
1365initiating formal agency action under chapter 120, shall afford
1366the officer or board member an opportunity to voluntarily comply
1367with this chapter, a rule adopted under this chapter, or a final
1368order of the division. An officer or board member who complies
1369within 10 days is not subject to a civil penalty. A penalty may
1370be imposed on the basis of each day of continuing violation, but
1371in no event shall the penalty for any offense exceed $5,000. By
1372January 1, 1998, the division shall adopt, by rule, penalty
1373guidelines applicable to possible violations or to categories of
1374violations of this chapter or rules adopted by the division. The
1375guidelines must specify a meaningful range of civil penalties
1376for each such violation of the statute and rules and must be
1377based upon the harm caused by the violation, the repetition of
1378the violation, and upon such other factors deemed relevant by
1379the division. For example, the division may consider whether the
1380violations were committed by a developer or owner-controlled
1381association, the size of the association, and other factors. The
1382guidelines must designate the possible mitigating or aggravating
1383circumstances that justify a departure from the range of
1384penalties provided by the rules. It is the legislative intent
1385that minor violations be distinguished from those which endanger
1386the health, safety, or welfare of the condominium residents or
1387other persons and that such guidelines provide reasonable and
1388meaningful notice to the public of likely penalties that may be
1389imposed for proscribed conduct. This subsection does not limit
1390the ability of the division to informally dispose of
1391administrative actions or complaints by stipulation, agreed
1392settlement, or consent order. All amounts collected shall be
1393deposited with the Chief Financial Officer to the credit of the
1394Division of Florida Land Sales, Condominiums, Timeshares, and
1395Mobile Homes Trust Fund. If a developer fails to pay the civil
1396penalty, the division shall thereupon issue an order directing
1397that such developer cease and desist from further operation
1398until such time as the civil penalty is paid or may pursue
1399enforcement of the penalty in a court of competent jurisdiction.
1400If an association fails to pay the civil penalty, the division
1401shall thereupon pursue enforcement in a court of competent
1402jurisdiction, and the order imposing the civil penalty or the
1403cease and desist order will not become effective until 20 days
1404after the date of such order. Any action commenced by the
1405division shall be brought in the county in which the division
1406has its executive offices or in the county where the violation
1407occurred.
1408     7.  In addition to subparagraph 6., the division may seek
1409the imposition of a civil penalty through the circuit court for
1410any violation for which the division may issue a notice to show
1411cause under paragraph (q). The civil penalty shall be at least
1412$500 but no more than $5,000 for each violation. The court may
1413also award to the prevailing party court costs and reasonable
1414attorney's fees and, if the division prevails, may also award
1415reasonable costs of investigation.
1416     (e)  The division may is authorized to prepare and
1417disseminate a prospectus and other information to assist
1418prospective owners, purchasers, lessees, and developers of
1419residential condominiums in assessing the rights, privileges,
1420and duties pertaining thereto.
1421     (f)  The division has authority to adopt rules pursuant to
1422ss. 120.536(1) and 120.54 to implement and enforce the
1423provisions of this chapter.
1424     (g)  The division shall establish procedures for providing
1425notice to an association when the division is considering the
1426issuance of a declaratory statement with respect to the
1427declaration of condominium or any related document governing in
1428such condominium community.
1429     (h)  The division shall furnish each association which pays
1430the fees required by paragraph (2)(a) a copy of this act,
1431subsequent changes to this act on an annual basis, an amended
1432version of this act as it becomes available from the Secretary
1433of State's office on a biennial basis, and the rules adopted
1434promulgated pursuant thereto on an annual basis.
1435     (i)  The division shall annually provide each association
1436with a summary of declaratory statements and formal legal
1437opinions relating to the operations of condominiums which were
1438rendered by the division during the previous year.
1439     (j)  The division shall provide training programs for
1440condominium association board members and unit owners.
1441     (k)  The division shall maintain a toll-free telephone
1442number accessible to condominium unit owners.
1443     (l)  The division shall develop a program to certify both
1444volunteer and paid mediators to provide mediation of condominium
1445disputes. The division shall provide, upon request, a list of
1446such mediators to any association, unit owner, or other
1447participant in arbitration proceedings under s. 718.1255
1448requesting a copy of the list. The division shall include on the
1449list of volunteer mediators only the names of persons who have
1450received at least 20 hours of training in mediation techniques
1451or who have mediated at least 20 disputes. In order to become
1452initially certified by the division, paid mediators must be
1453certified by the Supreme Court to mediate court cases in either
1454county or circuit courts. However, the division may adopt, by
1455rule, additional factors for the certification of paid
1456mediators, which factors must be related to experience,
1457education, or background. Any person initially certified as a
1458paid mediator by the division must, in order to continue to be
1459certified, comply with the factors or requirements imposed by
1460rules adopted by the division.
1461     (m)  When a complaint is made, the division shall conduct
1462its inquiry with due regard to the interests of the affected
1463parties. Within 30 days after receipt of a complaint, the
1464division shall acknowledge the complaint in writing and notify
1465the complainant whether the complaint is within the jurisdiction
1466of the division and whether additional information is needed by
1467the division from the complainant. The division shall conduct
1468its investigation and shall, within 90 days after receipt of the
1469original complaint or of timely requested additional
1470information, take action upon the complaint. However, the
1471failure to complete the investigation within 90 days does not
1472prevent the division from continuing the investigation,
1473accepting or considering evidence obtained or received after 90
1474days, or taking administrative action if reasonable cause exists
1475to believe that a violation of this chapter or a rule of the
1476division has occurred. If an investigation is not completed
1477within the time limits established in this paragraph, the
1478division shall, on a monthly basis, notify the complainant in
1479writing of the status of the investigation. When reporting its
1480action to the complainant, the division shall inform the
1481complainant of any right to a hearing pursuant to ss. 120.569
1482and 120.57.
1483     (n)  The division may:
1484     1.  Contract with agencies in this state or other
1485jurisdictions to perform investigative functions; or
1486     2.  Accept grants-in-aid from any source.
1487     (o)  The division shall cooperate with similar agencies in
1488other jurisdictions to establish uniform filing procedures and
1489forms, public offering statements, advertising standards, and
1490rules and common administrative practices.
1491     (p)  The division shall consider notice to a developer to
1492be complete when it is delivered to the developer's address
1493currently on file with the division.
1494     (q)  In addition to its enforcement authority, the division
1495may issue a notice to show cause, which shall provide for a
1496hearing, upon written request, in accordance with chapter 120.
1497     (2)(a)  Effective January 1, 1992, Each condominium
1498association which operates more than two units shall pay to the
1499division an annual fee in the amount of $4 for each residential
1500unit in condominiums operated by the association. If the fee is
1501not paid by March 1, then the association shall be assessed a
1502penalty of 10 percent of the amount due, and the association
1503will not have standing to maintain or defend any action in the
1504courts of this state until the amount due, plus any penalty, is
1505paid.
1506     (b)  All fees shall be deposited in the Division of Florida
1507Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
1508Fund as provided by law.
1509     Section 40.  Subsection (1) of section 718.5011, Florida
1510Statutes, is amended to read:
1511     718.5011  Ombudsman; appointment; administration.--
1512     (1)  There is created an Office of the Condominium
1513Ombudsman, to be located for administrative purposes within the
1514Division of Florida Land Sales, Condominiums, Timeshares, and
1515Mobile Homes. The functions of the office shall be funded by the
1516Division of Florida Land Sales, Condominiums, Timeshares, and
1517Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
1518of the division, and the office shall be set within the division
1519in the same manner as any other bureau is staffed and funded.
1520     Section 41.  Paragraph (a) of subsection (2) of section
1521718.502, Florida Statutes, is amended to read:
1522     718.502  Filing prior to sale or lease.--
1523     (2)(a)  Prior to filing as required by subsection (1), and
1524prior to acquiring an ownership, leasehold, or contractual
1525interest in the land upon which the condominium is to be
1526developed, a developer shall not offer a contract for purchase
1527of a unit or lease of a unit for more than 5 years. However, the
1528developer may accept deposits for reservations upon the approval
1529of a fully executed escrow agreement and reservation agreement
1530form properly filed with the Division of Florida Land Sales,
1531Condominiums, Timeshares, and Mobile Homes. Each filing of a
1532proposed reservation program shall be accompanied by a filing
1533fee of $250. Reservations shall not be taken on a proposed
1534condominium unless the developer has an ownership, leasehold, or
1535contractual interest in the land upon which the condominium is
1536to be developed. The division shall notify the developer within
153720 days of receipt of the reservation filing of any deficiencies
1538contained therein. Such notification shall not preclude the
1539determination of reservation filing deficiencies at a later
1540date, nor shall it relieve the developer of any responsibility
1541under the law. The escrow agreement and the reservation
1542agreement form shall include a statement of the right of the
1543prospective purchaser to an immediate unqualified refund of the
1544reservation deposit moneys upon written request to the escrow
1545agent by the prospective purchaser or the developer.
1546     Section 42.  Section 718.504, Florida Statutes, is amended
1547to read:
1548     718.504  Prospectus or offering circular.--Every developer
1549of a residential condominium which contains more than 20
1550residential units, or which is part of a group of residential
1551condominiums which will be served by property to be used in
1552common by unit owners of more than 20 residential units, shall
1553prepare a prospectus or offering circular and file it with the
1554Division of Florida Land Sales, Condominiums, Timeshares, and
1555Mobile Homes prior to entering into an enforceable contract of
1556purchase and sale of any unit or lease of a unit for more than 5
1557years and shall furnish a copy of the prospectus or offering
1558circular to each buyer. In addition to the prospectus or
1559offering circular, each buyer shall be furnished a separate page
1560entitled "Frequently Asked Questions and Answers," which shall
1561be in accordance with a format approved by the division and a
1562copy of the financial information required by s. 718.111. This
1563page shall, in readable language, inform prospective purchasers
1564regarding their voting rights and unit use restrictions,
1565including restrictions on the leasing of a unit; shall indicate
1566whether and in what amount the unit owners or the association is
1567obligated to pay rent or land use fees for recreational or other
1568commonly used facilities; shall contain a statement identifying
1569that amount of assessment which, pursuant to the budget, would
1570be levied upon each unit type, exclusive of any special
1571assessments, and which shall further identify the basis upon
1572which assessments are levied, whether monthly, quarterly, or
1573otherwise; shall state and identify any court cases in which the
1574association is currently a party of record in which the
1575association may face liability in excess of $100,000; and which
1576shall further state whether membership in a recreational
1577facilities association is mandatory, and if so, shall identify
1578the fees currently charged per unit type. The division shall by
1579rule require such other disclosure as in its judgment will
1580assist prospective purchasers. The prospectus or offering
1581circular may include more than one condominium, although not all
1582such units are being offered for sale as of the date of the
1583prospectus or offering circular. The prospectus or offering
1584circular must contain the following information:
1585     (1)  The front cover or the first page must contain only:
1586     (a)  The name of the condominium.
1587     (b)  The following statements in conspicuous type:
1588     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
1589MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
1590     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
1591NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
1592ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
1593MATERIALS.
1594     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
1595STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
1596PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
1597REPRESENTATIONS.
1598     (2)  Summary: The next page must contain all statements
1599required to be in conspicuous type in the prospectus or offering
1600circular.
1601     (3)  A separate index of the contents and exhibits of the
1602prospectus.
1603     (4)  Beginning on the first page of the text (not including
1604the summary and index), a description of the condominium,
1605including, but not limited to, the following information:
1606     (a)  Its name and location.
1607     (b)  A description of the condominium property, including,
1608without limitation:
1609     1.  The number of buildings, the number of units in each
1610building, the number of bathrooms and bedrooms in each unit, and
1611the total number of units, if the condominium is not a phase
1612condominium, or the maximum number of buildings that may be
1613contained within the condominium, the minimum and maximum
1614numbers of units in each building, the minimum and maximum
1615numbers of bathrooms and bedrooms that may be contained in each
1616unit, and the maximum number of units that may be contained
1617within the condominium, if the condominium is a phase
1618condominium.
1619     2.  The page in the condominium documents where a copy of
1620the plot plan and survey of the condominium is located.
1621     3.  The estimated latest date of completion of
1622constructing, finishing, and equipping. In lieu of a date, the
1623description shall include a statement that the estimated date of
1624completion of the condominium is in the purchase agreement and a
1625reference to the article or paragraph containing that
1626information.
1627     (c)  The maximum number of units that will use facilities
1628in common with the condominium. If the maximum number of units
1629will vary, a description of the basis for variation and the
1630minimum amount of dollars per unit to be spent for additional
1631recreational facilities or enlargement of such facilities. If
1632the addition or enlargement of facilities will result in a
1633material increase of a unit owner's maintenance expense or
1634rental expense, if any, the maximum increase and limitations
1635thereon shall be stated.
1636     (5)(a)  A statement in conspicuous type describing whether
1637the condominium is created and being sold as fee simple
1638interests or as leasehold interests. If the condominium is
1639created or being sold on a leasehold, the location of the lease
1640in the disclosure materials shall be stated.
1641     (b)  If timeshare estates are or may be created with
1642respect to any unit in the condominium, a statement in
1643conspicuous type stating that timeshare estates are created and
1644being sold in units in the condominium.
1645     (6)  A description of the recreational and other commonly
1646used facilities that will be used only by unit owners of the
1647condominium, including, but not limited to, the following:
1648     (a)  Each room and its intended purposes, location,
1649approximate floor area, and capacity in numbers of people.
1650     (b)  Each swimming pool, as to its general location,
1651approximate size and depths, approximate deck size and capacity,
1652and whether heated.
1653     (c)  Additional facilities, as to the number of each
1654facility, its approximate location, approximate size, and
1655approximate capacity.
1656     (d)  A general description of the items of personal
1657property and the approximate number of each item of personal
1658property that the developer is committing to furnish for each
1659room or other facility or, in the alternative, a representation
1660as to the minimum amount of expenditure that will be made to
1661purchase the personal property for the facility.
1662     (e)  The estimated date when each room or other facility
1663will be available for use by the unit owners.
1664     (f)1.  An identification of each room or other facility to
1665be used by unit owners that will not be owned by the unit owners
1666or the association;
1667     2.  A reference to the location in the disclosure materials
1668of the lease or other agreements providing for the use of those
1669facilities; and
1670     3.  A description of the terms of the lease or other
1671agreements, including the length of the term; the rent payable,
1672directly or indirectly, by each unit owner, and the total rent
1673payable to the lessor, stated in monthly and annual amounts for
1674the entire term of the lease; and a description of any option to
1675purchase the property leased under any such lease, including the
1676time the option may be exercised, the purchase price or how it
1677is to be determined, the manner of payment, and whether the
1678option may be exercised for a unit owner's share or only as to
1679the entire leased property.
1680     (g)  A statement as to whether the developer may provide
1681additional facilities not described above; their general
1682locations and types; improvements or changes that may be made;
1683the approximate dollar amount to be expended; and the maximum
1684additional common expense or cost to the individual unit owners
1685that may be charged during the first annual period of operation
1686of the modified or added facilities.
1687
1688Descriptions as to locations, areas, capacities, numbers,
1689volumes, or sizes may be stated as approximations or minimums.
1690     (7)  A description of the recreational and other facilities
1691that will be used in common with other condominiums, community
1692associations, or planned developments which require the payment
1693of the maintenance and expenses of such facilities, either
1694directly or indirectly, by the unit owners. The description
1695shall include, but not be limited to, the following:
1696     (a)  Each building and facility committed to be built.
1697     (b)  Facilities not committed to be built except under
1698certain conditions, and a statement of those conditions or
1699contingencies.
1700     (c)  As to each facility committed to be built, or which
1701will be committed to be built upon the happening of one of the
1702conditions in paragraph (b), a statement of whether it will be
1703owned by the unit owners having the use thereof or by an
1704association or other entity which will be controlled by them, or
1705others, and the location in the exhibits of the lease or other
1706document providing for use of those facilities.
1707     (d)  The year in which each facility will be available for
1708use by the unit owners or, in the alternative, the maximum
1709number of unit owners in the project at the time each of all of
1710the facilities is committed to be completed.
1711     (e)  A general description of the items of personal
1712property, and the approximate number of each item of personal
1713property, that the developer is committing to furnish for each
1714room or other facility or, in the alternative, a representation
1715as to the minimum amount of expenditure that will be made to
1716purchase the personal property for the facility.
1717     (f)  If there are leases, a description thereof, including
1718the length of the term, the rent payable, and a description of
1719any option to purchase.
1720
1721Descriptions shall include location, areas, capacities, numbers,
1722volumes, or sizes and may be stated as approximations or
1723minimums.
1724     (8)  Recreation lease or associated club membership:
1725     (a)  If any recreational facilities or other facilities
1726offered by the developer and available to, or to be used by,
1727unit owners are to be leased or have club membership associated,
1728the following statement in conspicuous type shall be included:
1729THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
1730CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
1731CONDOMINIUM. There shall be a reference to the location in the
1732disclosure materials where the recreation lease or club
1733membership is described in detail.
1734     (b)  If it is mandatory that unit owners pay a fee, rent,
1735dues, or other charges under a recreational facilities lease or
1736club membership for the use of facilities, there shall be in
1737conspicuous type the applicable statement:
1738     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
1739MANDATORY FOR UNIT OWNERS; or
1740     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
1741TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
1742     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
1743COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
1744REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
1745LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
1746     4.  A similar statement of the nature of the organization
1747or the manner in which the use rights are created, and that unit
1748owners are required to pay.
1749
1750Immediately following the applicable statement, the location in
1751the disclosure materials where the development is described in
1752detail shall be stated.
1753     (c)  If the developer, or any other person other than the
1754unit owners and other persons having use rights in the
1755facilities, reserves, or is entitled to receive, any rent, fee,
1756or other payment for the use of the facilities, then there shall
1757be the following statement in conspicuous type: THE UNIT OWNERS
1758OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
1759RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
1760following this statement, the location in the disclosure
1761materials where the rent or land use fees are described in
1762detail shall be stated.
1763     (d)  If, in any recreation format, whether leasehold, club,
1764or other, any person other than the association has the right to
1765a lien on the units to secure the payment of assessments, rent,
1766or other exactions, there shall appear a statement in
1767conspicuous type in substantially the following form:
1768     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
1769SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
1770RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
1771PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
1772     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
1773SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
1774FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
1775OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
1776THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
1777
1778Immediately following the applicable statement, the location in
1779the disclosure materials where the lien or lien right is
1780described in detail shall be stated.
1781     (9)  If the developer or any other person has the right to
1782increase or add to the recreational facilities at any time after
1783the establishment of the condominium whose unit owners have use
1784rights therein, without the consent of the unit owners or
1785associations being required, there shall appear a statement in
1786conspicuous type in substantially the following form:
1787RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
1788OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
1789statement, the location in the disclosure materials where such
1790reserved rights are described shall be stated.
1791     (10)  A statement of whether the developer's plan includes
1792a program of leasing units rather than selling them, or leasing
1793units and selling them subject to such leases. If so, there
1794shall be a description of the plan, including the number and
1795identification of the units and the provisions and term of the
1796proposed leases, and a statement in boldfaced type that: THE
1797UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
1798     (11)  The arrangements for management of the association
1799and maintenance and operation of the condominium property and of
1800other property that will serve the unit owners of the
1801condominium property, and a description of the management
1802contract and all other contracts for these purposes having a
1803term in excess of 1 year, including the following:
1804     (a)  The names of contracting parties.
1805     (b)  The term of the contract.
1806     (c)  The nature of the services included.
1807     (d)  The compensation, stated on a monthly and annual
1808basis, and provisions for increases in the compensation.
1809     (e)  A reference to the volumes and pages of the
1810condominium documents and of the exhibits containing copies of
1811such contracts.
1812
1813Copies of all described contracts shall be attached as exhibits.
1814If there is a contract for the management of the condominium
1815property, then a statement in conspicuous type in substantially
1816the following form shall appear, identifying the proposed or
1817existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
1818THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
1819CONTRACT MANAGER). Immediately following this statement, the
1820location in the disclosure materials of the contract for
1821management of the condominium property shall be stated.
1822     (12)  If the developer or any other person or persons other
1823than the unit owners has the right to retain control of the
1824board of administration of the association for a period of time
1825which can exceed 1 year after the closing of the sale of a
1826majority of the units in that condominium to persons other than
1827successors or alternate developers, then a statement in
1828conspicuous type in substantially the following form shall be
1829included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
1830RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
1831HAVE BEEN SOLD. Immediately following this statement, the
1832location in the disclosure materials where this right to control
1833is described in detail shall be stated.
1834     (13)  If there are any restrictions upon the sale,
1835transfer, conveyance, or leasing of a unit, then a statement in
1836conspicuous type in substantially the following form shall be
1837included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
1838CONTROLLED. Immediately following this statement, the location
1839in the disclosure materials where the restriction, limitation,
1840or control on the sale, lease, or transfer of units is described
1841in detail shall be stated.
1842     (14)  If the condominium is part of a phase project, the
1843following information shall be stated:
1844     (a)  A statement in conspicuous type in substantially the
1845following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
1846UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
1847this statement, the location in the disclosure materials where
1848the phasing is described shall be stated.
1849     (b)  A summary of the provisions of the declaration which
1850provide for the phasing.
1851     (c)  A statement as to whether or not residential buildings
1852and units which are added to the condominium may be
1853substantially different from the residential buildings and units
1854originally in the condominium. If the added residential
1855buildings and units may be substantially different, there shall
1856be a general description of the extent to which such added
1857residential buildings and units may differ, and a statement in
1858conspicuous type in substantially the following form shall be
1859included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
1860MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
1861UNITS IN THE CONDOMINIUM. Immediately following this statement,
1862the location in the disclosure materials where the extent to
1863which added residential buildings and units may substantially
1864differ is described shall be stated.
1865     (d)  A statement of the maximum number of buildings
1866containing units, the maximum and minimum numbers of units in
1867each building, the maximum number of units, and the minimum and
1868maximum square footage of the units that may be contained within
1869each parcel of land which may be added to the condominium.
1870     (15)  If a condominium created on or after July 1, 2000, is
1871or may become part of a multicondominium, the following
1872information must be provided:
1873     (a)  A statement in conspicuous type in substantially the
1874following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
1875MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
1876(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
1877this statement, the location in the prospectus or offering
1878circular and its exhibits where the multicondominium aspects of
1879the offering are described must be stated.
1880     (b)  A summary of the provisions in the declaration,
1881articles of incorporation, and bylaws which establish and
1882provide for the operation of the multicondominium, including a
1883statement as to whether unit owners in the condominium will have
1884the right to use recreational or other facilities located or
1885planned to be located in other condominiums operated by the same
1886association, and the manner of sharing the common expenses
1887related to such facilities.
1888     (c)  A statement of the minimum and maximum number of
1889condominiums, and the minimum and maximum number of units in
1890each of those condominiums, which will or may be operated by the
1891association, and the latest date by which the exact number will
1892be finally determined.
1893     (d)  A statement as to whether any of the condominiums in
1894the multicondominium may include units intended to be used for
1895nonresidential purposes and the purpose or purposes permitted
1896for such use.
1897     (e)  A general description of the location and approximate
1898acreage of any land on which any additional condominiums to be
1899operated by the association may be located.
1900     (16)  If the condominium is created by conversion of
1901existing improvements, the following information shall be
1902stated:
1903     (a)  The information required by s. 718.616.
1904     (b)  A caveat that there are no express warranties unless
1905they are stated in writing by the developer.
1906     (17)  A summary of the restrictions, if any, to be imposed
1907on units concerning the use of any of the condominium property,
1908including statements as to whether there are restrictions upon
1909children and pets, and reference to the volumes and pages of the
1910condominium documents where such restrictions are found, or if
1911such restrictions are contained elsewhere, then a copy of the
1912documents containing the restrictions shall be attached as an
1913exhibit.
1914     (18)  If there is any land that is offered by the developer
1915for use by the unit owners and that is neither owned by them nor
1916leased to them, the association, or any entity controlled by
1917unit owners and other persons having the use rights to such
1918land, a statement shall be made as to how such land will serve
1919the condominium. If any part of such land will serve the
1920condominium, the statement shall describe the land and the
1921nature and term of service, and the declaration or other
1922instrument creating such servitude shall be included as an
1923exhibit.
1924     (19)  The manner in which utility and other services,
1925including, but not limited to, sewage and waste disposal, water
1926supply, and storm drainage, will be provided and the person or
1927entity furnishing them.
1928     (20)  An explanation of the manner in which the
1929apportionment of common expenses and ownership of the common
1930elements has been determined.
1931     (21)  An estimated operating budget for the condominium and
1932the association, and a schedule of the unit owner's expenses
1933shall be attached as an exhibit and shall contain the following
1934information:
1935     (a)  The estimated monthly and annual expenses of the
1936condominium and the association that are collected from unit
1937owners by assessments.
1938     (b)  The estimated monthly and annual expenses of each unit
1939owner for a unit, other than common expenses paid by all unit
1940owners, payable by the unit owner to persons or entities other
1941than the association, as well as to the association, including
1942fees assessed pursuant to s. 718.113(1) for maintenance of
1943limited common elements where such costs are shared only by
1944those entitled to use the limited common element, and the total
1945estimated monthly and annual expense. There may be excluded from
1946this estimate expenses which are not provided for or
1947contemplated by the condominium documents, including, but not
1948limited to, the costs of private telephone; maintenance of the
1949interior of condominium units, which is not the obligation of
1950the association; maid or janitorial services privately
1951contracted for by the unit owners; utility bills billed directly
1952to each unit owner for utility services to his or her unit;
1953insurance premiums other than those incurred for policies
1954obtained by the condominium; and similar personal expenses of
1955the unit owner. A unit owner's estimated payments for
1956assessments shall also be stated in the estimated amounts for
1957the times when they will be due.
1958     (c)  The estimated items of expenses of the condominium and
1959the association, except as excluded under paragraph (b),
1960including, but not limited to, the following items, which shall
1961be stated either as an association expense collectible by
1962assessments or as unit owners' expenses payable to persons other
1963than the association:
1964     1.  Expenses for the association and condominium:
1965     a.  Administration of the association.
1966     b.  Management fees.
1967     c.  Maintenance.
1968     d.  Rent for recreational and other commonly used
1969facilities.
1970     e.  Taxes upon association property.
1971     f.  Taxes upon leased areas.
1972     g.  Insurance.
1973     h.  Security provisions.
1974     i.  Other expenses.
1975     j.  Operating capital.
1976     k.  Reserves.
1977     l.  Fees payable to the division.
1978     2.  Expenses for a unit owner:
1979     a.  Rent for the unit, if subject to a lease.
1980     b.  Rent payable by the unit owner directly to the lessor
1981or agent under any recreational lease or lease for the use of
1982commonly used facilities, which use and payment is a mandatory
1983condition of ownership and is not included in the common expense
1984or assessments for common maintenance paid by the unit owners to
1985the association.
1986     (d)  The following statement in conspicuous type: THE
1987BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
1988ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
1989ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
1990FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
1991ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
1992CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
1993THE OFFERING.
1994     (e)  Each budget for an association prepared by a developer
1995consistent with this subsection shall be prepared in good faith
1996and shall reflect accurate estimated amounts for the required
1997items in paragraph (c) at the time of the filing of the offering
1998circular with the division, and subsequent increased amounts of
1999any item included in the association's estimated budget that are
2000beyond the control of the developer shall not be considered an
2001amendment that would give rise to rescission rights set forth in
2002s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2003or otherwise affect any guarantee of the developer contained in
2004the offering circular or any purchase contract. It is the intent
2005of this paragraph to clarify existing law.
2006     (f)  The estimated amounts shall be stated for a period of
2007at least 12 months and may distinguish between the period prior
2008to the time unit owners other than the developer elect a
2009majority of the board of administration and the period after
2010that date.
2011     (22)  A schedule of estimated closing expenses to be paid
2012by a buyer or lessee of a unit and a statement of whether title
2013opinion or title insurance policy is available to the buyer and,
2014if so, at whose expense.
2015     (23)  The identity of the developer and the chief operating
2016officer or principal directing the creation and sale of the
2017condominium and a statement of its and his or her experience in
2018this field.
2019     (24)  Copies of the following, to the extent they are
2020applicable, shall be included as exhibits:
2021     (a)  The declaration of condominium, or the proposed
2022declaration if the declaration has not been recorded.
2023     (b)  The articles of incorporation creating the
2024association.
2025     (c)  The bylaws of the association.
2026     (d)  The ground lease or other underlying lease of the
2027condominium.
2028     (e)  The management agreement and all maintenance and other
2029contracts for management of the association and operation of the
2030condominium and facilities used by the unit owners having a
2031service term in excess of 1 year.
2032     (f)  The estimated operating budget for the condominium and
2033the required schedule of unit owners' expenses.
2034     (g)  A copy of the floor plan of the unit and the plot plan
2035showing the location of the residential buildings and the
2036recreation and other common areas.
2037     (h)  The lease of recreational and other facilities that
2038will be used only by unit owners of the subject condominium.
2039     (i)  The lease of facilities used by owners and others.
2040     (j)  The form of unit lease, if the offer is of a
2041leasehold.
2042     (k)  A declaration of servitude of properties serving the
2043condominium but not owned by unit owners or leased to them or
2044the association.
2045     (l)  The statement of condition of the existing building or
2046buildings, if the offering is of units in an operation being
2047converted to condominium ownership.
2048     (m)  The statement of inspection for termite damage and
2049treatment of the existing improvements, if the condominium is a
2050conversion.
2051     (n)  The form of agreement for sale or lease of units.
2052     (o)  A copy of the agreement for escrow of payments made to
2053the developer prior to closing.
2054     (p)  A copy of the documents containing any restrictions on
2055use of the property required by subsection (17).
2056     (25)  Any prospectus or offering circular complying, prior
2057to the effective date of this act, with the provisions of former
2058ss. 711.69 and 711.802 may continue to be used without amendment
2059or may be amended to comply with the provisions of this chapter.
2060     (26)  A brief narrative description of the location and
2061effect of all existing and intended easements located or to be
2062located on the condominium property other than those described
2063in the declaration.
2064     (27)  If the developer is required by state or local
2065authorities to obtain acceptance or approval of any dock or
2066marina facilities intended to serve the condominium, a copy of
2067any such acceptance or approval acquired by the time of filing
2068with the division under s. 718.502(1) or a statement that such
2069acceptance or approval has not been acquired or received.
2070     (28)  Evidence demonstrating that the developer has an
2071ownership, leasehold, or contractual interest in the land upon
2072which the condominium is to be developed.
2073     Section 43.  Section 718.508, Florida Statutes, is amended
2074to read:
2075     718.508  Regulation by Division of Hotels and
2076Restaurants.--In addition to the authority, regulation, or
2077control exercised by the Division of Florida Land Sales,
2078Condominiums, Timeshares, and Mobile Homes pursuant to this act
2079with respect to condominiums, buildings included in a
2080condominium property are shall be subject to the authority,
2081regulation, or control of the Division of Hotels and Restaurants
2082of the Department of Business and Professional Regulation, to
2083the extent provided for in chapter 399.
2084     Section 44.  Section 718.509, Florida Statutes, is amended,
2085to read:
2086     718.509  Division of Florida Land Sales, Condominiums,
2087Timeshares, and Mobile Homes Trust Fund.--
2088     (1)  There is created within the State Treasury the
2089Division of Florida Condominiums, Timeshares, and Mobile Homes
2090Trust Fund to be used for the administration and operation of
2091this chapter and chapters 718, 719, 721, and 723 by the
2092division.
2093     (2)  All moneys collected by the division from fees, fines,
2094or penalties or from costs awarded to the division by a court or
2095administrative final order shall be paid into the Division of
2096Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.
2097The Legislature shall appropriate funds from the trust fund
2098sufficient to carry out the provisions of this chapter and the
2099provisions of law with respect to each category of business
2100covered by the trust fund. The division shall maintain separate
2101revenue accounts in the trust fund for each business regulated
2102by the division. The division shall provide for the
2103proportionate allocation among the accounts of expenses incurred
2104by the division in the performance of its duties with respect to
2105each business. As part of its normal budgetary process, the
2106division shall prepare an annual report of revenues and
2107allocated expenses related to the operation of each business
2108which may be used to determine fees charged by the division.
2109This subsection shall operate pursuant to s. 215.20. All funds
2110collected by the division and any amount paid for a fee or
2111penalty under this chapter shall be deposited in the State
2112Treasury to the credit of the Division of Florida Land Sales,
2113Condominiums, and Mobile Homes Trust Fund created by s. 498.019.
2114     Section 45.  Paragraph (a) of subsection (2) of section
2115718.608, Florida Statutes, is amended to read:
2116     718.608  Notice of intended conversion; time of delivery;
2117content.--
2118     (2)(a)  Each notice of intended conversion shall be dated
2119and in writing. The notice shall contain the following
2120statement, with the phrases of the following statement which
2121appear in upper case printed in conspicuous type:
2122
2123     These apartments are being converted to condominium by  
2124(name of developer)  , the developer.
2125     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2126YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2127AGREEMENT AS FOLLOWS:
2128     a.  If you have continuously been a resident of these
2129apartments during the last 180 days and your rental agreement
2130expires during the next 270 days, you may extend your rental
2131agreement for up to 270 days after the date of this notice.
2132     b.  If you have not been a continuous resident of these
2133apartments for the last 180 days and your rental agreement
2134expires during the next 180 days, you may extend your rental
2135agreement for up to 180 days after the date of this notice.
2136     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2137MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2138DATE OF THIS NOTICE.
2139     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2140you may extend your rental agreement for up to 45 days after the
2141date of this notice while you decide whether to extend your
2142rental agreement as explained above. To do so, you must notify
2143the developer in writing. You will then have the full 45 days to
2144decide whether to extend your rental agreement as explained
2145above.
2146     3.  During the extension of your rental agreement you will
2147be charged the same rent that you are now paying.
2148     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2149OF THE RENTAL AGREEMENT AS FOLLOWS:
2150     a.  If your rental agreement began or was extended or
2151renewed after May 1, 1980, and your rental agreement, including
2152extensions and renewals, has an unexpired term of 180 days or
2153less, you may cancel your rental agreement upon 30 days' written
2154notice and move. Also, upon 30 days' written notice, you may
2155cancel any extension of the rental agreement.
2156     b.  If your rental agreement was not begun or was not
2157extended or renewed after May 1, 1980, you may not cancel the
2158rental agreement without the consent of the developer. If your
2159rental agreement, including extensions and renewals, has an
2160unexpired term of 180 days or less, you may, however, upon 30
2161days' written notice cancel any extension of the rental
2162agreement.
2163     5.  All notices must be given in writing and sent by mail,
2164return receipt requested, or delivered in person to the
2165developer at this address:   (name and address of developer)  .
2166     6.  If you have continuously been a resident of these
2167apartments during the last 180 days:
2168     a.  You have the right to purchase your apartment and will
2169have 45 days to decide whether to purchase. If you do not buy
2170the unit at that price and the unit is later offered at a lower
2171price, you will have the opportunity to buy the unit at the
2172lower price. However, in all events your right to purchase the
2173unit ends when the rental agreement or any extension of the
2174rental agreement ends or when you waive this right in writing.
2175     b.  Within 90 days you will be provided purchase
2176information relating to your apartment, including the price of
2177your unit and the condition of the building. If you do not
2178receive this information within 90 days, your rental agreement
2179and any extension will be extended 1 day for each day over 90
2180days until you are given the purchase information. If you do not
2181want this rental agreement extension, you must notify the
2182developer in writing.
2183     7.  If you have any questions regarding this conversion or
2184the Condominium Act, you may contact the developer or the state
2185agency which regulates condominiums: The Division of Florida
2186Land Sales, Condominiums, Timeshares, and Mobile Homes,  
2187(Tallahassee address and telephone number of division)  .
2188     Section 46.  Subsection (17) of section 719.103, Florida
2189Statutes, is amended to read:
2190     719.103  Definitions.--As used in this chapter:
2191     (17)  "Division" means the Division of Florida Land Sales,
2192Condominiums, Timeshares, and Mobile Homes of the Department of
2193Business and Professional Regulation.
2194     Section 47.  Section 719.1255, Florida Statutes, is amended
2195to read:
2196     719.1255  Alternative resolution of disputes.--The Division
2197of Florida Land Sales, Condominiums, Timeshares, and Mobile
2198Homes of the Department of Business and Professional Regulation
2199shall provide for alternative dispute resolution in accordance
2200with s. 718.1255.
2201     Section 48.  Section 719.501, Florida Statutes, is amended
2202to read:
2203     719.501  Powers and duties of Division of Florida Land
2204Sales, Condominiums, Timeshares, and Mobile Homes.--
2205     (1)  The Division of Florida Land Sales, Condominiums,
2206Timeshares, and Mobile Homes of the Department of Business and
2207Professional Regulation, referred to as the "division" in this
2208part, in addition to other powers and duties prescribed by
2209chapter 718 498, has the power to enforce and ensure compliance
2210with the provisions of this chapter and adopted rules
2211promulgated pursuant hereto relating to the development,
2212construction, sale, lease, ownership, operation, and management
2213of residential cooperative units. In performing its duties, the
2214division shall have the following powers and duties:
2215     (a)  The division may make necessary public or private
2216investigations within or outside this state to determine whether
2217any person has violated this chapter or any rule or order
2218hereunder, to aid in the enforcement of this chapter, or to aid
2219in the adoption of rules or forms hereunder.
2220     (b)  The division may require or permit any person to file
2221a statement in writing, under oath or otherwise, as the division
2222determines, as to the facts and circumstances concerning a
2223matter to be investigated.
2224     (c)  For the purpose of any investigation under this
2225chapter, the division director or any officer or employee
2226designated by the division director may administer oaths or
2227affirmations, subpoena witnesses and compel their attendance,
2228take evidence, and require the production of any matter which is
2229relevant to the investigation, including the existence,
2230description, nature, custody, condition, and location of any
2231books, documents, or other tangible things and the identity and
2232location of persons having knowledge of relevant facts or any
2233other matter reasonably calculated to lead to the discovery of
2234material evidence. Upon failure by a person to obey a subpoena
2235or to answer questions propounded by the investigating officer
2236and upon reasonable notice to all persons affected thereby, the
2237division may apply to the circuit court for an order compelling
2238compliance.
2239     (d)  Notwithstanding any remedies available to unit owners
2240and associations, if the division has reasonable cause to
2241believe that a violation of any provision of this chapter or
2242related rule promulgated pursuant hereto has occurred, the
2243division may institute enforcement proceedings in its own name
2244against a developer, association, officer, or member of the
2245board, or its assignees or agents, as follows:
2246     1.  The division may permit a person whose conduct or
2247actions may be under investigation to waive formal proceedings
2248and enter into a consent proceeding whereby orders, rules, or
2249letters of censure or warning, whether formal or informal, may
2250be entered against the person.
2251     2.  The division may issue an order requiring the
2252developer, association, officer, or member of the board, or its
2253assignees or agents, to cease and desist from the unlawful
2254practice and take such affirmative action as in the judgment of
2255the division will carry out the purposes of this chapter. Such
2256affirmative action may include, but is not limited to, an order
2257requiring a developer to pay moneys determined to be owed to a
2258condominium association.
2259     3.  The division may bring an action in circuit court on
2260behalf of a class of unit owners, lessees, or purchasers for
2261declaratory relief, injunctive relief, or restitution.
2262     4.  The division may impose a civil penalty against a
2263developer or association, or its assignees or agents, for any
2264violation of this chapter or related a rule promulgated pursuant
2265hereto. The division may impose a civil penalty individually
2266against any officer or board member who willfully and knowingly
2267violates a provision of this chapter, a rule adopted pursuant to
2268this chapter, or a final order of the division. The term
2269"willfully and knowingly" means that the division informed the
2270officer or board member that his or her action or intended
2271action violates this chapter, a rule adopted under this chapter,
2272or a final order of the division, and that the officer or board
2273member refused to comply with the requirements of this chapter,
2274a rule adopted under this chapter, or a final order of the
2275division. The division, prior to initiating formal agency action
2276under chapter 120, shall afford the officer or board member an
2277opportunity to voluntarily comply with this chapter, a rule
2278adopted under this chapter, or a final order of the division. An
2279officer or board member who complies within 10 days is not
2280subject to a civil penalty. A penalty may be imposed on the
2281basis of each day of continuing violation, but in no event shall
2282the penalty for any offense exceed $5,000. By January 1, 1998,
2283the division shall adopt, by rule, penalty guidelines applicable
2284to possible violations or to categories of violations of this
2285chapter or rules adopted by the division. The guidelines must
2286specify a meaningful range of civil penalties for each such
2287violation of the statute and rules and must be based upon the
2288harm caused by the violation, the repetition of the violation,
2289and upon such other factors deemed relevant by the division. For
2290example, the division may consider whether the violations were
2291committed by a developer or owner-controlled association, the
2292size of the association, and other factors. The guidelines must
2293designate the possible mitigating or aggravating circumstances
2294that justify a departure from the range of penalties provided by
2295the rules. It is the legislative intent that minor violations be
2296distinguished from those which endanger the health, safety, or
2297welfare of the cooperative residents or other persons and that
2298such guidelines provide reasonable and meaningful notice to the
2299public of likely penalties that may be imposed for proscribed
2300conduct. This subsection does not limit the ability of the
2301division to informally dispose of administrative actions or
2302complaints by stipulation, agreed settlement, or consent order.
2303All amounts collected shall be deposited with the Chief
2304Financial Officer to the credit of the Division of Florida Land
2305Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
2306a developer fails to pay the civil penalty, the division shall
2307thereupon issue an order directing that such developer cease and
2308desist from further operation until such time as the civil
2309penalty is paid or may pursue enforcement of the penalty in a
2310court of competent jurisdiction. If an association fails to pay
2311the civil penalty, the division shall thereupon pursue
2312enforcement in a court of competent jurisdiction, and the order
2313imposing the civil penalty or the cease and desist order shall
2314not become effective until 20 days after the date of such order.
2315Any action commenced by the division shall be brought in the
2316county in which the division has its executive offices or in the
2317county where the violation occurred.
2318     (e)  The division may is authorized to prepare and
2319disseminate a prospectus and other information to assist
2320prospective owners, purchasers, lessees, and developers of
2321residential cooperatives in assessing the rights, privileges,
2322and duties pertaining thereto.
2323     (f)  The division has authority to adopt rules pursuant to
2324ss. 120.536(1) and 120.54 to implement and enforce the
2325provisions of this chapter.
2326     (g)  The division shall establish procedures for providing
2327notice to an association when the division is considering the
2328issuance of a declaratory statement with respect to the
2329cooperative documents governing such cooperative community.
2330     (h)  The division shall furnish each association which pays
2331the fees required by paragraph (2)(a) a copy of this act,
2332subsequent changes to this act on an annual basis, an amended
2333version of this act as it becomes available from the Secretary
2334of State's office on a biennial basis, and the rules adopted
2335promulgated pursuant thereto on an annual basis.
2336     (i)  The division shall annually provide each association
2337with a summary of declaratory statements and formal legal
2338opinions relating to the operations of cooperatives which were
2339rendered by the division during the previous year.
2340     (j)  The division shall adopt uniform accounting
2341principles, policies, and standards to be used by all
2342associations in the preparation and presentation of all
2343financial statements required by this chapter. The principles,
2344policies, and standards shall take into consideration the size
2345of the association and the total revenue collected by the
2346association.
2347     (k)  The division shall provide training programs for
2348cooperative association board members and unit owners.
2349     (l)  The division shall maintain a toll-free telephone
2350number accessible to cooperative unit owners.
2351     (m)  When a complaint is made to the division, the division
2352shall conduct its inquiry with reasonable dispatch and with due
2353regard to the interests of the affected parties. Within 30 days
2354after receipt of a complaint, the division shall acknowledge the
2355complaint in writing and notify the complainant whether the
2356complaint is within the jurisdiction of the division and whether
2357additional information is needed by the division from the
2358complainant. The division shall conduct its investigation and
2359shall, within 90 days after receipt of the original complaint or
2360timely requested additional information, take action upon the
2361complaint. However, the failure to complete the investigation
2362within 90 days does not prevent the division from continuing the
2363investigation, accepting or considering evidence obtained or
2364received after 90 days, or taking administrative action if
2365reasonable cause exists to believe that a violation of this
2366chapter or a rule of the division has occurred. If an
2367investigation is not completed within the time limits
2368established in this paragraph, the division shall, on a monthly
2369basis, notify the complainant in writing of the status of the
2370investigation. When reporting its action to the complainant, the
2371division shall inform the complainant of any right to a hearing
2372pursuant to ss. 120.569 and 120.57.
2373     (n)  The division shall develop a program to certify both
2374volunteer and paid mediators to provide mediation of cooperative
2375disputes. The division shall provide, upon request, a list of
2376such mediators to any association, unit owner, or other
2377participant in arbitration proceedings under s. 718.1255
2378requesting a copy of the list. The division shall include on the
2379list of voluntary mediators only persons who have received at
2380least 20 hours of training in mediation techniques or have
2381mediated at least 20 disputes. In order to become initially
2382certified by the division, paid mediators must be certified by
2383the Supreme Court to mediate court cases in either county or
2384circuit courts. However, the division may adopt, by rule,
2385additional factors for the certification of paid mediators,
2386which factors must be related to experience, education, or
2387background. Any person initially certified as a paid mediator by
2388the division must, in order to continue to be certified, comply
2389with the factors or requirements imposed by rules adopted by the
2390division.
2391     (2)(a)  Each cooperative association shall pay to the
2392division, on or before January 1 of each year, an annual fee in
2393the amount of $4 for each residential unit in cooperatives
2394operated by the association. If the fee is not paid by March 1,
2395then the association shall be assessed a penalty of 10 percent
2396of the amount due, and the association shall not have the
2397standing to maintain or defend any action in the courts of this
2398state until the amount due is paid.
2399     (b)  All fees shall be deposited in the Division of Florida
2400Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2401Fund as provided by law.
2402     Section 49.  Section 719.501, Florida Statutes, is amended
2403to read:
2404     719.501  Powers and duties of Division of Florida Land
2405Sales, Condominiums, Timeshares, and Mobile Homes.--
2406     (1)  The Division of Florida Land Sales, Condominiums,
2407Timeshares, and Mobile Homes of the Department of Business and
2408Professional Regulation, referred to as the "division" in this
2409part, in addition to other powers and duties prescribed by
2410chapter 718 498, has the power to enforce and ensure compliance
2411with the provisions of this chapter and adopted rules
2412promulgated pursuant hereto relating to the development,
2413construction, sale, lease, ownership, operation, and management
2414of residential cooperative units. In performing its duties, the
2415division shall have the following powers and duties:
2416     (a)  The division may make necessary public or private
2417investigations within or outside this state to determine whether
2418any person has violated this chapter or any rule or order
2419hereunder, to aid in the enforcement of this chapter, or to aid
2420in the adoption of rules or forms hereunder.
2421     (b)  The division may require or permit any person to file
2422a statement in writing, under oath or otherwise, as the division
2423determines, as to the facts and circumstances concerning a
2424matter to be investigated.
2425     (c)  For the purpose of any investigation under this
2426chapter, the division director or any officer or employee
2427designated by the division director may administer oaths or
2428affirmations, subpoena witnesses and compel their attendance,
2429take evidence, and require the production of any matter which is
2430relevant to the investigation, including the existence,
2431description, nature, custody, condition, and location of any
2432books, documents, or other tangible things and the identity and
2433location of persons having knowledge of relevant facts or any
2434other matter reasonably calculated to lead to the discovery of
2435material evidence. Upon failure by a person to obey a subpoena
2436or to answer questions propounded by the investigating officer
2437and upon reasonable notice to all persons affected thereby, the
2438division may apply to the circuit court for an order compelling
2439compliance.
2440     (d)  Notwithstanding any remedies available to unit owners
2441and associations, if the division has reasonable cause to
2442believe that a violation of any provision of this chapter or
2443related rule promulgated pursuant hereto has occurred, the
2444division may institute enforcement proceedings in its own name
2445against a developer, association, officer, or member of the
2446board, or its assignees or agents, as follows:
2447     1.  The division may permit a person whose conduct or
2448actions may be under investigation to waive formal proceedings
2449and enter into a consent proceeding whereby orders, rules, or
2450letters of censure or warning, whether formal or informal, may
2451be entered against the person.
2452     2.  The division may issue an order requiring the
2453developer, association, officer, or member of the board, or its
2454assignees or agents, to cease and desist from the unlawful
2455practice and take such affirmative action as in the judgment of
2456the division will carry out the purposes of this chapter. Such
2457affirmative action may include, but is not limited to, an order
2458requiring a developer to pay moneys determined to be owed to a
2459condominium association.
2460     3.  The division may bring an action in circuit court on
2461behalf of a class of unit owners, lessees, or purchasers for
2462declaratory relief, injunctive relief, or restitution.
2463     4.  The division may impose a civil penalty against a
2464developer or association, or its assignees or agents, for any
2465violation of this chapter or related a rule promulgated pursuant
2466hereto. The division may impose a civil penalty individually
2467against any officer or board member who willfully and knowingly
2468violates a provision of this chapter, a rule adopted pursuant to
2469this chapter, or a final order of the division. The term
2470"willfully and knowingly" means that the division informed the
2471officer or board member that his or her action or intended
2472action violates this chapter, a rule adopted under this chapter,
2473or a final order of the division, and that the officer or board
2474member refused to comply with the requirements of this chapter,
2475a rule adopted under this chapter, or a final order of the
2476division. The division, prior to initiating formal agency action
2477under chapter 120, shall afford the officer or board member an
2478opportunity to voluntarily comply with this chapter, a rule
2479adopted under this chapter, or a final order of the division. An
2480officer or board member who complies within 10 days is not
2481subject to a civil penalty. A penalty may be imposed on the
2482basis of each day of continuing violation, but in no event shall
2483the penalty for any offense exceed $5,000. By January 1, 1998,
2484the division shall adopt, by rule, penalty guidelines applicable
2485to possible violations or to categories of violations of this
2486chapter or rules adopted by the division. The guidelines must
2487specify a meaningful range of civil penalties for each such
2488violation of the statute and rules and must be based upon the
2489harm caused by the violation, the repetition of the violation,
2490and upon such other factors deemed relevant by the division. For
2491example, the division may consider whether the violations were
2492committed by a developer or owner-controlled association, the
2493size of the association, and other factors. The guidelines must
2494designate the possible mitigating or aggravating circumstances
2495that justify a departure from the range of penalties provided by
2496the rules. It is the legislative intent that minor violations be
2497distinguished from those which endanger the health, safety, or
2498welfare of the cooperative residents or other persons and that
2499such guidelines provide reasonable and meaningful notice to the
2500public of likely penalties that may be imposed for proscribed
2501conduct. This subsection does not limit the ability of the
2502division to informally dispose of administrative actions or
2503complaints by stipulation, agreed settlement, or consent order.
2504All amounts collected shall be deposited with the Chief
2505Financial Officer to the credit of the Division of Florida Land
2506Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
2507a developer fails to pay the civil penalty, the division shall
2508thereupon issue an order directing that such developer cease and
2509desist from further operation until such time as the civil
2510penalty is paid or may pursue enforcement of the penalty in a
2511court of competent jurisdiction. If an association fails to pay
2512the civil penalty, the division shall thereupon pursue
2513enforcement in a court of competent jurisdiction, and the order
2514imposing the civil penalty or the cease and desist order shall
2515not become effective until 20 days after the date of such order.
2516Any action commenced by the division shall be brought in the
2517county in which the division has its executive offices or in the
2518county where the violation occurred.
2519     (e)  The division may is authorized to prepare and
2520disseminate a prospectus and other information to assist
2521prospective owners, purchasers, lessees, and developers of
2522residential cooperatives in assessing the rights, privileges,
2523and duties pertaining thereto.
2524     (f)  The division has authority to adopt rules pursuant to
2525ss. 120.536(1) and 120.54 to implement and enforce the
2526provisions of this chapter.
2527     (g)  The division shall establish procedures for providing
2528notice to an association when the division is considering the
2529issuance of a declaratory statement with respect to the
2530cooperative documents governing such cooperative community.
2531     (h)  The division shall furnish each association which pays
2532the fees required by paragraph (2)(a) a copy of this act,
2533subsequent changes to this act on an annual basis, an amended
2534version of this act as it becomes available from the Secretary
2535of State's office on a biennial basis, and the rules adopted
2536promulgated pursuant thereto on an annual basis.
2537     (i)  The division shall annually provide each association
2538with a summary of declaratory statements and formal legal
2539opinions relating to the operations of cooperatives which were
2540rendered by the division during the previous year.
2541     (j)  The division shall adopt uniform accounting
2542principles, policies, and standards to be used by all
2543associations in the preparation and presentation of all
2544financial statements required by this chapter. The principles,
2545policies, and standards shall take into consideration the size
2546of the association and the total revenue collected by the
2547association.
2548     (k)  The division shall provide training programs for
2549cooperative association board members and unit owners.
2550     (l)  The division shall maintain a toll-free telephone
2551number accessible to cooperative unit owners.
2552     (m)  When a complaint is made to the division, the division
2553shall conduct its inquiry with reasonable dispatch and with due
2554regard to the interests of the affected parties. Within 30 days
2555after receipt of a complaint, the division shall acknowledge the
2556complaint in writing and notify the complainant whether the
2557complaint is within the jurisdiction of the division and whether
2558additional information is needed by the division from the
2559complainant. The division shall conduct its investigation and
2560shall, within 90 days after receipt of the original complaint or
2561timely requested additional information, take action upon the
2562complaint. However, the failure to complete the investigation
2563within 90 days does not prevent the division from continuing the
2564investigation, accepting or considering evidence obtained or
2565received after 90 days, or taking administrative action if
2566reasonable cause exists to believe that a violation of this
2567chapter or a rule of the division has occurred. If an
2568investigation is not completed within the time limits
2569established in this paragraph, the division shall, on a monthly
2570basis, notify the complainant in writing of the status of the
2571investigation. When reporting its action to the complainant, the
2572division shall inform the complainant of any right to a hearing
2573pursuant to ss. 120.569 and 120.57.
2574     (n)  The division shall develop a program to certify both
2575volunteer and paid mediators to provide mediation of cooperative
2576disputes. The division shall provide, upon request, a list of
2577such mediators to any association, unit owner, or other
2578participant in arbitration proceedings under s. 718.1255
2579requesting a copy of the list. The division shall include on the
2580list of voluntary mediators only persons who have received at
2581least 20 hours of training in mediation techniques or have
2582mediated at least 20 disputes. In order to become initially
2583certified by the division, paid mediators must be certified by
2584the Supreme Court to mediate court cases in either county or
2585circuit courts. However, the division may adopt, by rule,
2586additional factors for the certification of paid mediators,
2587which factors must be related to experience, education, or
2588background. Any person initially certified as a paid mediator by
2589the division must, in order to continue to be certified, comply
2590with the factors or requirements imposed by rules adopted by the
2591division.
2592     (2)(a)  Each cooperative association shall pay to the
2593division, on or before January 1 of each year, an annual fee in
2594the amount of $4 for each residential unit in cooperatives
2595operated by the association. If the fee is not paid by March 1,
2596then the association shall be assessed a penalty of 10 percent
2597of the amount due, and the association shall not have the
2598standing to maintain or defend any action in the courts of this
2599state until the amount due is paid.
2600     (b)  All fees shall be deposited in the Division of Florida
2601Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2602Fund as provided by law.
2603     Section 50.  Section 719.504, Florida Statutes, is amended
2604to read:
2605     719.504  Prospectus or offering circular.--Every developer
2606of a residential cooperative which contains more than 20
2607residential units, or which is part of a group of residential
2608cooperatives which will be served by property to be used in
2609common by unit owners of more than 20 residential units, shall
2610prepare a prospectus or offering circular and file it with the
2611Division of Florida Land Sales, Condominiums, Timeshares, and
2612Mobile Homes prior to entering into an enforceable contract of
2613purchase and sale of any unit or lease of a unit for more than 5
2614years and shall furnish a copy of the prospectus or offering
2615circular to each buyer. In addition to the prospectus or
2616offering circular, each buyer shall be furnished a separate page
2617entitled "Frequently Asked Questions and Answers," which must be
2618in accordance with a format approved by the division. This page
2619must, in readable language: inform prospective purchasers
2620regarding their voting rights and unit use restrictions,
2621including restrictions on the leasing of a unit; indicate
2622whether and in what amount the unit owners or the association is
2623obligated to pay rent or land use fees for recreational or other
2624commonly used facilities; contain a statement identifying that
2625amount of assessment which, pursuant to the budget, would be
2626levied upon each unit type, exclusive of any special
2627assessments, and which identifies the basis upon which
2628assessments are levied, whether monthly, quarterly, or
2629otherwise; state and identify any court cases in which the
2630association is currently a party of record in which the
2631association may face liability in excess of $100,000; and state
2632whether membership in a recreational facilities association is
2633mandatory and, if so, identify the fees currently charged per
2634unit type. The division shall by rule require such other
2635disclosure as in its judgment will assist prospective
2636purchasers. The prospectus or offering circular may include more
2637than one cooperative, although not all such units are being
2638offered for sale as of the date of the prospectus or offering
2639circular. The prospectus or offering circular must contain the
2640following information:
2641     (1)  The front cover or the first page must contain only:
2642     (a)  The name of the cooperative.
2643     (b)  The following statements in conspicuous type:
2644     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2645MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
2646     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2647NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2648ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2649MATERIALS.
2650     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2651STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2652PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2653REPRESENTATIONS.
2654     (2)  Summary: The next page must contain all statements
2655required to be in conspicuous type in the prospectus or offering
2656circular.
2657     (3)  A separate index of the contents and exhibits of the
2658prospectus.
2659     (4)  Beginning on the first page of the text (not including
2660the summary and index), a description of the cooperative,
2661including, but not limited to, the following information:
2662     (a)  Its name and location.
2663     (b)  A description of the cooperative property, including,
2664without limitation:
2665     1.  The number of buildings, the number of units in each
2666building, the number of bathrooms and bedrooms in each unit, and
2667the total number of units, if the cooperative is not a phase
2668cooperative; or, if the cooperative is a phase cooperative, the
2669maximum number of buildings that may be contained within the
2670cooperative, the minimum and maximum number of units in each
2671building, the minimum and maximum number of bathrooms and
2672bedrooms that may be contained in each unit, and the maximum
2673number of units that may be contained within the cooperative.
2674     2.  The page in the cooperative documents where a copy of
2675the survey and plot plan of the cooperative is located.
2676     3.  The estimated latest date of completion of
2677constructing, finishing, and equipping. In lieu of a date, a
2678statement that the estimated date of completion of the
2679cooperative is in the purchase agreement and a reference to the
2680article or paragraph containing that information.
2681     (c)  The maximum number of units that will use facilities
2682in common with the cooperative. If the maximum number of units
2683will vary, a description of the basis for variation and the
2684minimum amount of dollars per unit to be spent for additional
2685recreational facilities or enlargement of such facilities. If
2686the addition or enlargement of facilities will result in a
2687material increase of a unit owner's maintenance expense or
2688rental expense, if any, the maximum increase and limitations
2689thereon shall be stated.
2690     (5)(a)  A statement in conspicuous type describing whether
2691the cooperative is created and being sold as fee simple
2692interests or as leasehold interests. If the cooperative is
2693created or being sold on a leasehold, the location of the lease
2694in the disclosure materials shall be stated.
2695     (b)  If timeshare estates are or may be created with
2696respect to any unit in the cooperative, a statement in
2697conspicuous type stating that timeshare estates are created and
2698being sold in such specified units in the cooperative.
2699     (6)  A description of the recreational and other common
2700areas that will be used only by unit owners of the cooperative,
2701including, but not limited to, the following:
2702     (a)  Each room and its intended purposes, location,
2703approximate floor area, and capacity in numbers of people.
2704     (b)  Each swimming pool, as to its general location,
2705approximate size and depths, approximate deck size and capacity,
2706and whether heated.
2707     (c)  Additional facilities, as to the number of each
2708facility, its approximate location, approximate size, and
2709approximate capacity.
2710     (d)  A general description of the items of personal
2711property and the approximate number of each item of personal
2712property that the developer is committing to furnish for each
2713room or other facility or, in the alternative, a representation
2714as to the minimum amount of expenditure that will be made to
2715purchase the personal property for the facility.
2716     (e)  The estimated date when each room or other facility
2717will be available for use by the unit owners.
2718     (f)1.  An identification of each room or other facility to
2719be used by unit owners that will not be owned by the unit owners
2720or the association;
2721     2.  A reference to the location in the disclosure materials
2722of the lease or other agreements providing for the use of those
2723facilities; and
2724     3.  A description of the terms of the lease or other
2725agreements, including the length of the term; the rent payable,
2726directly or indirectly, by each unit owner, and the total rent
2727payable to the lessor, stated in monthly and annual amounts for
2728the entire term of the lease; and a description of any option to
2729purchase the property leased under any such lease, including the
2730time the option may be exercised, the purchase price or how it
2731is to be determined, the manner of payment, and whether the
2732option may be exercised for a unit owner's share or only as to
2733the entire leased property.
2734     (g)  A statement as to whether the developer may provide
2735additional facilities not described above, their general
2736locations and types, improvements or changes that may be made,
2737the approximate dollar amount to be expended, and the maximum
2738additional common expense or cost to the individual unit owners
2739that may be charged during the first annual period of operation
2740of the modified or added facilities.
2741
2742Descriptions as to locations, areas, capacities, numbers,
2743volumes, or sizes may be stated as approximations or minimums.
2744     (7)  A description of the recreational and other facilities
2745that will be used in common with other cooperatives, community
2746associations, or planned developments which require the payment
2747of the maintenance and expenses of such facilities, either
2748directly or indirectly, by the unit owners. The description
2749shall include, but not be limited to, the following:
2750     (a)  Each building and facility committed to be built.
2751     (b)  Facilities not committed to be built except under
2752certain conditions, and a statement of those conditions or
2753contingencies.
2754     (c)  As to each facility committed to be built, or which
2755will be committed to be built upon the happening of one of the
2756conditions in paragraph (b), a statement of whether it will be
2757owned by the unit owners having the use thereof or by an
2758association or other entity which will be controlled by them, or
2759others, and the location in the exhibits of the lease or other
2760document providing for use of those facilities.
2761     (d)  The year in which each facility will be available for
2762use by the unit owners or, in the alternative, the maximum
2763number of unit owners in the project at the time each of all of
2764the facilities is committed to be completed.
2765     (e)  A general description of the items of personal
2766property, and the approximate number of each item of personal
2767property, that the developer is committing to furnish for each
2768room or other facility or, in the alternative, a representation
2769as to the minimum amount of expenditure that will be made to
2770purchase the personal property for the facility.
2771     (f)  If there are leases, a description thereof, including
2772the length of the term, the rent payable, and a description of
2773any option to purchase.
2774
2775Descriptions shall include location, areas, capacities, numbers,
2776volumes, or sizes and may be stated as approximations or
2777minimums.
2778     (8)  Recreation lease or associated club membership:
2779     (a)  If any recreational facilities or other common areas
2780offered by the developer and available to, or to be used by,
2781unit owners are to be leased or have club membership associated,
2782the following statement in conspicuous type shall be included:
2783THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2784COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2785COOPERATIVE. There shall be a reference to the location in the
2786disclosure materials where the recreation lease or club
2787membership is described in detail.
2788     (b)  If it is mandatory that unit owners pay a fee, rent,
2789dues, or other charges under a recreational facilities lease or
2790club membership for the use of facilities, there shall be in
2791conspicuous type the applicable statement:
2792     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2793MANDATORY FOR UNIT OWNERS; or
2794     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2795TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2796     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2797COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2798REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2799LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2800     4.  A similar statement of the nature of the organization
2801or manner in which the use rights are created, and that unit
2802owners are required to pay.
2803
2804Immediately following the applicable statement, the location in
2805the disclosure materials where the development is described in
2806detail shall be stated.
2807     (c)  If the developer, or any other person other than the
2808unit owners and other persons having use rights in the
2809facilities, reserves, or is entitled to receive, any rent, fee,
2810or other payment for the use of the facilities, then there shall
2811be the following statement in conspicuous type: THE UNIT OWNERS
2812OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2813RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
2814statement, the location in the disclosure materials where the
2815rent or land use fees are described in detail shall be stated.
2816     (d)  If, in any recreation format, whether leasehold, club,
2817or other, any person other than the association has the right to
2818a lien on the units to secure the payment of assessments, rent,
2819or other exactions, there shall appear a statement in
2820conspicuous type in substantially the following form:
2821     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2822SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2823RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2824PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2825     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2826SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2827FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2828OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
2829PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2830
2831Immediately following the applicable statement, the location in
2832the disclosure materials where the lien or lien right is
2833described in detail shall be stated.
2834     (9)  If the developer or any other person has the right to
2835increase or add to the recreational facilities at any time after
2836the establishment of the cooperative whose unit owners have use
2837rights therein, without the consent of the unit owners or
2838associations being required, there shall appear a statement in
2839conspicuous type in substantially the following form:
2840RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2841OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2842statement, the location in the disclosure materials where such
2843reserved rights are described shall be stated.
2844     (10)  A statement of whether the developer's plan includes
2845a program of leasing units rather than selling them, or leasing
2846units and selling them subject to such leases. If so, there
2847shall be a description of the plan, including the number and
2848identification of the units and the provisions and term of the
2849proposed leases, and a statement in boldfaced type that: THE
2850UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2851     (11)  The arrangements for management of the association
2852and maintenance and operation of the cooperative property and of
2853other property that will serve the unit owners of the
2854cooperative property, and a description of the management
2855contract and all other contracts for these purposes having a
2856term in excess of 1 year, including the following:
2857     (a)  The names of contracting parties.
2858     (b)  The term of the contract.
2859     (c)  The nature of the services included.
2860     (d)  The compensation, stated on a monthly and annual
2861basis, and provisions for increases in the compensation.
2862     (e)  A reference to the volumes and pages of the
2863cooperative documents and of the exhibits containing copies of
2864such contracts.
2865
2866Copies of all described contracts shall be attached as exhibits.
2867If there is a contract for the management of the cooperative
2868property, then a statement in conspicuous type in substantially
2869the following form shall appear, identifying the proposed or
2870existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2871THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
2872CONTRACT MANAGER). Immediately following this statement, the
2873location in the disclosure materials of the contract for
2874management of the cooperative property shall be stated.
2875     (12)  If the developer or any other person or persons other
2876than the unit owners has the right to retain control of the
2877board of administration of the association for a period of time
2878which can exceed 1 year after the closing of the sale of a
2879majority of the units in that cooperative to persons other than
2880successors or alternate developers, then a statement in
2881conspicuous type in substantially the following form shall be
2882included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2883RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2884HAVE BEEN SOLD. Immediately following this statement, the
2885location in the disclosure materials where this right to control
2886is described in detail shall be stated.
2887     (13)  If there are any restrictions upon the sale,
2888transfer, conveyance, or leasing of a unit, then a statement in
2889conspicuous type in substantially the following form shall be
2890included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2891CONTROLLED. Immediately following this statement, the location
2892in the disclosure materials where the restriction, limitation,
2893or control on the sale, lease, or transfer of units is described
2894in detail shall be stated.
2895     (14)  If the cooperative is part of a phase project, the
2896following shall be stated:
2897     (a)  A statement in conspicuous type in substantially the
2898following form shall be included: THIS IS A PHASE COOPERATIVE.
2899ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
2900Immediately following this statement, the location in the
2901disclosure materials where the phasing is described shall be
2902stated.
2903     (b)  A summary of the provisions of the declaration
2904providing for the phasing.
2905     (c)  A statement as to whether or not residential buildings
2906and units which are added to the cooperative may be
2907substantially different from the residential buildings and units
2908originally in the cooperative, and, if the added residential
2909buildings and units may be substantially different, there shall
2910be a general description of the extent to which such added
2911residential buildings and units may differ, and a statement in
2912conspicuous type in substantially the following form shall be
2913included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
2914MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2915UNITS IN THE COOPERATIVE. Immediately following this statement,
2916the location in the disclosure materials where the extent to
2917which added residential buildings and units may substantially
2918differ is described shall be stated.
2919     (d)  A statement of the maximum number of buildings
2920containing units, the maximum and minimum number of units in
2921each building, the maximum number of units, and the minimum and
2922maximum square footage of the units that may be contained within
2923each parcel of land which may be added to the cooperative.
2924     (15)  If the cooperative is created by conversion of
2925existing improvements, the following information shall be
2926stated:
2927     (a)  The information required by s. 719.616.
2928     (b)  A caveat that there are no express warranties unless
2929they are stated in writing by the developer.
2930     (16)  A summary of the restrictions, if any, to be imposed
2931on units concerning the use of any of the cooperative property,
2932including statements as to whether there are restrictions upon
2933children and pets, and reference to the volumes and pages of the
2934cooperative documents where such restrictions are found, or if
2935such restrictions are contained elsewhere, then a copy of the
2936documents containing the restrictions shall be attached as an
2937exhibit.
2938     (17)  If there is any land that is offered by the developer
2939for use by the unit owners and that is neither owned by them nor
2940leased to them, the association, or any entity controlled by
2941unit owners and other persons having the use rights to such
2942land, a statement shall be made as to how such land will serve
2943the cooperative. If any part of such land will serve the
2944cooperative, the statement shall describe the land and the
2945nature and term of service, and the cooperative documents or
2946other instrument creating such servitude shall be included as an
2947exhibit.
2948     (18)  The manner in which utility and other services,
2949including, but not limited to, sewage and waste disposal, water
2950supply, and storm drainage, will be provided and the person or
2951entity furnishing them.
2952     (19)  An explanation of the manner in which the
2953apportionment of common expenses and ownership of the common
2954areas have been determined.
2955     (20)  An estimated operating budget for the cooperative and
2956the association, and a schedule of the unit owner's expenses
2957shall be attached as an exhibit and shall contain the following
2958information:
2959     (a)  The estimated monthly and annual expenses of the
2960cooperative and the association that are collected from unit
2961owners by assessments.
2962     (b)  The estimated monthly and annual expenses of each unit
2963owner for a unit, other than assessments payable to the
2964association, payable by the unit owner to persons or entities
2965other than the association, and the total estimated monthly and
2966annual expense. There may be excluded from this estimate
2967expenses that are personal to unit owners, which are not
2968uniformly incurred by all unit owners, or which are not provided
2969for or contemplated by the cooperative documents, including, but
2970not limited to, the costs of private telephone; maintenance of
2971the interior of cooperative units, which is not the obligation
2972of the association; maid or janitorial services privately
2973contracted for by the unit owners; utility bills billed directly
2974to each unit owner for utility services to his or her unit;
2975insurance premiums other than those incurred for policies
2976obtained by the cooperative; and similar personal expenses of
2977the unit owner. A unit owner's estimated payments for
2978assessments shall also be stated in the estimated amounts for
2979the times when they will be due.
2980     (c)  The estimated items of expenses of the cooperative and
2981the association, except as excluded under paragraph (b),
2982including, but not limited to, the following items, which shall
2983be stated either as an association expense collectible by
2984assessments or as unit owners' expenses payable to persons other
2985than the association:
2986     1.  Expenses for the association and cooperative:
2987     a.  Administration of the association.
2988     b.  Management fees.
2989     c.  Maintenance.
2990     d.  Rent for recreational and other commonly used areas.
2991     e.  Taxes upon association property.
2992     f.  Taxes upon leased areas.
2993     g.  Insurance.
2994     h.  Security provisions.
2995     i.  Other expenses.
2996     j.  Operating capital.
2997     k.  Reserves.
2998     l.  Fee payable to the division.
2999     2.  Expenses for a unit owner:
3000     a.  Rent for the unit, if subject to a lease.
3001     b.  Rent payable by the unit owner directly to the lessor
3002or agent under any recreational lease or lease for the use of
3003commonly used areas, which use and payment are a mandatory
3004condition of ownership and are not included in the common
3005expense or assessments for common maintenance paid by the unit
3006owners to the association.
3007     (d)  The following statement in conspicuous type: THE
3008BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3009ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3010ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3011FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3012ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3013CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
3014THE OFFERING.
3015     (e)  Each budget for an association prepared by a developer
3016consistent with this subsection shall be prepared in good faith
3017and shall reflect accurate estimated amounts for the required
3018items in paragraph (c) at the time of the filing of the offering
3019circular with the division, and subsequent increased amounts of
3020any item included in the association's estimated budget that are
3021beyond the control of the developer shall not be considered an
3022amendment that would give rise to rescission rights set forth in
3023s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3024or otherwise affect any guarantee of the developer contained in
3025the offering circular or any purchase contract. It is the intent
3026of this paragraph to clarify existing law.
3027     (f)  The estimated amounts shall be stated for a period of
3028at least 12 months and may distinguish between the period prior
3029to the time unit owners other than the developer elect a
3030majority of the board of administration and the period after
3031that date.
3032     (21)  A schedule of estimated closing expenses to be paid
3033by a buyer or lessee of a unit and a statement of whether title
3034opinion or title insurance policy is available to the buyer and,
3035if so, at whose expense.
3036     (22)  The identity of the developer and the chief operating
3037officer or principal directing the creation and sale of the
3038cooperative and a statement of its and his or her experience in
3039this field.
3040     (23)  Copies of the following, to the extent they are
3041applicable, shall be included as exhibits:
3042     (a)  The cooperative documents, or the proposed cooperative
3043documents if the documents have not been recorded.
3044     (b)  The articles of incorporation creating the
3045association.
3046     (c)  The bylaws of the association.
3047     (d)  The ground lease or other underlying lease of the
3048cooperative.
3049     (e)  The management agreement and all maintenance and other
3050contracts for management of the association and operation of the
3051cooperative and facilities used by the unit owners having a
3052service term in excess of 1 year.
3053     (f)  The estimated operating budget for the cooperative and
3054the required schedule of unit owners' expenses.
3055     (g)  A copy of the floor plan of the unit and the plot plan
3056showing the location of the residential buildings and the
3057recreation and other common areas.
3058     (h)  The lease of recreational and other facilities that
3059will be used only by unit owners of the subject cooperative.
3060     (i)  The lease of facilities used by owners and others.
3061     (j)  The form of unit lease, if the offer is of a
3062leasehold.
3063     (k)  A declaration of servitude of properties serving the
3064cooperative but not owned by unit owners or leased to them or
3065the association.
3066     (l)  The statement of condition of the existing building or
3067buildings, if the offering is of units in an operation being
3068converted to cooperative ownership.
3069     (m)  The statement of inspection for termite damage and
3070treatment of the existing improvements, if the cooperative is a
3071conversion.
3072     (n)  The form of agreement for sale or lease of units.
3073     (o)  A copy of the agreement for escrow of payments made to
3074the developer prior to closing.
3075     (p)  A copy of the documents containing any restrictions on
3076use of the property required by subsection (16).
3077     (24)  Any prospectus or offering circular complying with
3078the provisions of former ss. 711.69 and 711.802 may continue to
3079be used without amendment, or may be amended to comply with the
3080provisions of this chapter.
3081     (25)  A brief narrative description of the location and
3082effect of all existing and intended easements located or to be
3083located on the cooperative property other than those in the
3084declaration.
3085     (26)  If the developer is required by state or local
3086authorities to obtain acceptance or approval of any dock or
3087marina facility intended to serve the cooperative, a copy of
3088such acceptance or approval acquired by the time of filing with
3089the division pursuant to s. 719.502 or a statement that such
3090acceptance has not been acquired or received.
3091     (27)  Evidence demonstrating that the developer has an
3092ownership, leasehold, or contractual interest in the land upon
3093which the cooperative is to be developed.
3094     Section 51.  Section 719.508, Florida Statutes, is amended
3095to read:
3096     719.508  Regulation by Division of Hotels and
3097Restaurants.--In addition to the authority, regulation, or
3098control exercised by the Division of Florida Land Sales,
3099Condominiums, Timeshares, and Mobile Homes pursuant to this act
3100with respect to cooperatives, buildings included in a
3101cooperative property shall be subject to the authority,
3102regulation, or control of the Division of Hotels and Restaurants
3103of the Department of Business and Professional Regulation, to
3104the extent provided for in chapters 399 and 509.
3105     Section 52.  Paragraph (a) of subsection (2) of section
3106719.608, Florida Statutes, is amended to read:
3107     719.608  Notice of intended conversion; time of delivery;
3108content.--
3109     (2)(a)  Each notice of intended conversion shall be dated
3110and in writing. The notice shall contain the following
3111statement, with the phrases of the following statement which
3112appear in upper case printed in conspicuous type:
3113
3114     These apartments are being converted to cooperative by  
3115(name of developer)  , the developer.
3116     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3117YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3118AGREEMENT AS FOLLOWS:
3119     a.  If you have continuously been a resident of these
3120apartments during the last 180 days and your rental agreement
3121expires during the next 270 days, you may extend your rental
3122agreement for up to 270 days after the date of this notice.
3123     b.  If you have not been a continuous resident of these
3124apartments for the last 180 days and your rental agreement
3125expires during the next 180 days, you may extend your rental
3126agreement for up to 180 days after the date of this notice.
3127     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3128MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3129DATE OF THIS NOTICE.
3130     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3131you may extend your rental agreement for up to 45 days after the
3132date of this notice while you decide whether to extend your
3133rental agreement as explained above. To do so, you must notify
3134the developer in writing. You will then have the full 45 days to
3135decide whether to extend your rental agreement as explained
3136above.
3137     3.  During the extension of your rental agreement you will
3138be charged the same rent that you are now paying.
3139     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3140OF THE RENTAL AGREEMENT AS FOLLOWS:
3141     a.  If your rental agreement began or was extended or
3142renewed after May 1, 1980, and your rental agreement, including
3143extensions and renewals, has an unexpired term of 180 days or
3144less, you may cancel your rental agreement upon 30 days' written
3145notice and move. Also, upon 30 days' written notice, you may
3146cancel any extension of the rental agreement.
3147     b.  If your rental agreement was not begun or was not
3148extended or renewed after May 1, 1980, you may not cancel the
3149rental agreement without the consent of the developer. If your
3150rental agreement, including extensions and renewals, has an
3151unexpired term of 180 days or less, you may, however, upon 30
3152days' written notice cancel any extension of the rental
3153agreement.
3154     5.  All notices must be given in writing and sent by mail,
3155return receipt requested, or delivered in person to the
3156developer at this address:   (name and address of developer)  .
3157     6.  If you have continuously been a resident of these
3158apartments during the last 180 days:
3159     a.  You have the right to purchase your apartment and will
3160have 45 days to decide whether to purchase. If you do not buy
3161the unit at that price and the unit is later offered at a lower
3162price, you will have the opportunity to buy the unit at the
3163lower price. However, in all events your right to purchase the
3164unit ends when the rental agreement or any extension of the
3165rental agreement ends or when you waive this right in writing.
3166     b.  Within 90 days you will be provided purchase
3167information relating to your apartment, including the price of
3168your unit and the condition of the building. If you do not
3169receive this information within 90 days, your rental agreement
3170and any extension will be extended 1 day for each day over 90
3171days until you are given the purchase information. If you do not
3172want this rental agreement extension, you must notify the
3173developer in writing.
3174     7.  If you have any questions regarding this conversion or
3175the Cooperative Act, you may contact the developer or the state
3176agency which regulates cooperatives: The Division of Florida
3177Land Sales, Condominiums, Timeshares, and Mobile Homes,  
3178(Tallahassee address and telephone number of division)  .
3179     Section 53.  Subsection (7) of section 720.301, Florida
3180Statutes, is amended to read:
3181     720.301  Definitions.--As used in this chapter, the term:
3182     (7)  "Division" means the Division of Florida Land Sales,
3183Condominiums, Timeshares, and Mobile Homes in the Department of
3184Business and Professional Regulation.
3185     Section 54.  Subsection (2) of section 720.401, Florida
3186Statutes, is amended to read:
3187     720.401  Prospective purchasers subject to association
3188membership requirement; disclosure required; covenants;
3189assessments; contract cancellation.--
3190     (2)  This section does not apply to any association
3191regulated under chapter 718, chapter 719, chapter 721, or
3192chapter 723 or to a subdivider registered under chapter 498; and
3193also does not apply if disclosure regarding the association is
3194otherwise made in connection with the requirements of chapter
3195718, chapter 719, chapter 721, or chapter 723.
3196     Section 55.  Paragraph (c) of subsection (1) of section
3197721.03, Florida Statutes, is amended to read:
3198     721.03  Scope of chapter.--
3199     (1)  This chapter applies to all timeshare plans consisting
3200of more than seven timeshare periods over a period of at least 3
3201years in which the accommodations and facilities, if any, are
3202located within this state or offered within this state; provided
3203that:
3204     (c)  All timeshare accommodations or facilities which are
3205located outside the state but offered for sale in this state
3206shall be governed by the following:
3207     1.  The offering for sale in this state of timeshare
3208accommodations and facilities located outside the state is
3209subject only to the provisions of ss. 721.01-721.12, 721.18,
3210721.20, 721.21, 721.26, 721.28, and part II.
3211     2.  The division shall not require a developer of timeshare
3212accommodations or facilities located outside of this state to
3213make changes in any timeshare instrument to conform to the
3214provisions of s. 721.07 or s. 721.55. The division shall have
3215the power to require disclosure of those provisions of the
3216timeshare instrument that do not conform to s. 721.07 or s.
3217721.55 as the director determines is necessary to fairly,
3218meaningfully, and effectively disclose all aspects of the
3219timeshare plan.
3220     3.  Except as provided in this subparagraph, the division
3221shall have no authority to determine whether any person has
3222complied with another state's laws or to disapprove any filing
3223out-of-state, timeshare instrument, or component site document,
3224based solely upon the lack or degree of timeshare regulation in
3225another state. The division may require a developer to obtain
3226and provide to the division existing documentation relating to
3227an out-of-state filing, timeshare instrument, or component site
3228document and prove compliance of same with the laws of that
3229state. In this regard, the division may accept any evidence of
3230the approval or acceptance of any out-of-state filing, timeshare
3231instrument, or component site document by another state in lieu
3232of requiring a developer to file the out-of-state filing,
3233timeshare instrument, or component site document with the
3234division pursuant to this section, or the division may accept an
3235opinion letter from an attorney or law firm opining as to the
3236compliance of such out-of-state filing, timeshare instrument, or
3237component site document with the laws of another state. The
3238division may refuse to approve the inclusion of any out-of-state
3239filing, timeshare instrument, or component site document as part
3240of a public offering statement based upon the inability of the
3241developer to establish the compliance of same with the laws of
3242another state.
3243     4.  The division is authorized to enter into an agreement
3244with another state for the purpose of facilitating the
3245processing of out-of-state timeshare instruments or other
3246component site documents pursuant to this chapter and for the
3247purpose of facilitating the referral of consumer complaints to
3248the appropriate state.
3249     5.  Notwithstanding any other provision of this paragraph,
3250the offer, in this state, of an additional interest to existing
3251purchasers in the same timeshare plan or the same component site
3252of a multisite timeshare plan, the same nonspecific multisite
3253timeshare plan, with accommodations and facilities located
3254outside of this state shall not be subject to the provisions of
3255this chapter if the offer complies with the provisions of s.
3256721.11(4).
3257     Section 56.  Subsection (11) of section 721.05, Florida
3258Statutes, is amended to read:
3259     721.05  Definitions.--As used in this chapter, the term:
3260     (11)  "Division" means the Division of Florida Land Sales,
3261Condominiums, Timeshares, and Mobile Homes of the Department of
3262Business and Professional Regulation.
3263     Section 57.  Paragraph (d) of subsection (2) of section
3264721.07, Florida Statutes, is amended to read:
3265     721.07  Public offering statement.--Prior to offering any
3266timeshare plan, the developer must submit a filed public
3267offering statement to the division for approval as prescribed by
3268s. 721.03, s. 721.55, or this section. Until the division
3269approves such filing, any contract regarding the sale of that
3270timeshare plan is subject to cancellation by the purchaser
3271pursuant to s. 721.10.
3272     (2)
3273     (d)  A developer shall have the authority to deliver to
3274purchasers any purchaser public offering statement that is not
3275yet approved by the division, provided that the following shall
3276apply:
3277     1.  At the time the developer delivers an unapproved
3278purchaser public offering statement to a purchaser pursuant to
3279this paragraph, the developer shall deliver a fully completed
3280and executed copy of the purchase contract required by s. 721.06
3281that contains the following statement in conspicuous type in
3282substantially the following form which shall replace the
3283statements required by s. 721.06(1)(g):
3284
3285The developer is delivering to you a public offering statement
3286that has been filed with but not yet approved by the Division of
3287Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3288Any revisions to the unapproved public offering statement you
3289have received must be delivered to you, but only if the
3290revisions materially alter or modify the offering in a manner
3291adverse to you. After the division approves the public offering
3292statement, you will receive notice of the approval from the
3293developer and the required revisions, if any.
3294
3295Your statutory right to cancel this transaction without any
3296penalty or obligation expires 10 calendar days after the date
3297you signed your purchase contract or the date on which you
3298receive the last of all documents required to be given to you
3299pursuant to section 721.07(6), Florida Statutes, or 10 calendar
3300days after you receive revisions required to be delivered to
3301you, if any, whichever is later. If you decide to cancel this
3302contract, you must notify the seller in writing of your intent
3303to cancel. Your notice of cancellation shall be effective upon
3304the date sent and shall be sent to   (Name of Seller)   at  
3305(Address of Seller)  . Any attempt to obtain a waiver of your
3306cancellation right is void and of no effect. While you may
3307execute all closing documents in advance, the closing, as
3308evidenced by delivery of the deed or other document, before
3309expiration of your 10-day cancellation period, is prohibited.
3310
3311     2.  After receipt of approval from the division and prior
3312to closing, if any revisions made to the documents contained in
3313the purchaser public offering statement materially alter or
3314modify the offering in a manner adverse to a purchaser, the
3315developer shall send the purchaser such revisions together with
3316a notice containing a statement in conspicuous type in
3317substantially the following form:
3318
3319The unapproved public offering statement previously delivered to
3320you, together with the enclosed revisions, has been approved by
3321the Division of Florida Land Sales, Condominiums, Timeshares,
3322and Mobile Homes. Accordingly, your cancellation right expires
332310 calendar days after you sign your purchase contract or 10
3324calendar days after you receive these revisions, whichever is
3325later. If you have any questions regarding your cancellation
3326rights, you may contact the division at [insert division's
3327current address].
3328
3329     3.  After receipt of approval from the division and prior
3330to closing, if no revisions have been made to the documents
3331contained in the unapproved purchaser public offering statement,
3332or if such revisions do not materially alter or modify the
3333offering in a manner adverse to a purchaser, the developer shall
3334send the purchaser a notice containing a statement in
3335conspicuous type in substantially the following form:
3336
3337The unapproved public offering statement previously delivered to
3338you has been approved by the Division of Florida Land Sales,
3339Condominiums, Timeshares, and Mobile Homes. Revisions made to
3340the unapproved public offering statement, if any, are either not
3341required to be delivered to you or are not deemed by the
3342developer, in its opinion, to materially alter or modify the
3343offering in a manner that is adverse to you. Accordingly, your
3344cancellation right expired 10 days after you signed your
3345purchase contract. A complete copy of the approved public
3346offering statement is available through the managing entity for
3347inspection as part of the books and records of the plan. If you
3348have any questions regarding your cancellation rights, you may
3349contact the division at [insert division's current address].
3350     Section 58.  Subsection (8) of section 721.08, Florida
3351Statutes, is amended to read:
3352     721.08  Escrow accounts; nondisturbance instruments;
3353alternate security arrangements; transfer of legal title.--
3354     (8)  An escrow agent holding escrowed funds pursuant to
3355this chapter that have not been claimed for a period of 5 years
3356after the date of deposit shall make at least one reasonable
3357attempt to deliver such unclaimed funds to the purchaser who
3358submitted such funds to escrow. In making such attempt, an
3359escrow agent is entitled to rely on a purchaser's last known
3360address as set forth in the books and records of the escrow
3361agent and is not required to conduct any further search for the
3362purchaser. If an escrow agent's attempt to deliver unclaimed
3363funds to any purchaser is unsuccessful, the escrow agent may
3364deliver such unclaimed funds to the division and the division
3365shall deposit such unclaimed funds in the Division of Florida
3366Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3367Fund, 30 days after giving notice in a publication of general
3368circulation in the county in which the timeshare property
3369containing the purchaser's timeshare interest is located. The
3370purchaser may claim the same at any time prior to the delivery
3371of such funds to the division. After delivery of such funds to
3372the division, the purchaser shall have no more rights to the
3373unclaimed funds. The escrow agent shall not be liable for any
3374claims from any party arising out of the escrow agent's delivery
3375of the unclaimed funds to the division pursuant to this section.
3376     Section 59.  Section 721.26, Florida Statutes, is amended
3377to read:
3378     721.26  Regulation by division.--The division has the power
3379to enforce and ensure compliance with the provisions of this
3380chapter, except for parts III and IV, using the powers provided
3381in this chapter, as well as the powers prescribed in chapters
3382498, 718, and 719. In performing its duties, the division shall
3383have the following powers and duties:
3384     (1)  To aid in the enforcement of this chapter, or any
3385division rule adopted or order promulgated or issued pursuant to
3386this chapter, the division may make necessary public or private
3387investigations within or outside this state to determine whether
3388any person has violated or is about to violate this chapter, or
3389any division rule adopted or order promulgated or issued
3390pursuant to this chapter.
3391     (2)  The division may require or permit any person to file
3392a written statement under oath or otherwise, as the division
3393determines, as to the facts and circumstances concerning a
3394matter under investigation.
3395     (3)  For the purpose of any investigation under this
3396chapter, the director of the division or any officer or employee
3397designated by the director may administer oaths or affirmations,
3398subpoena witnesses and compel their attendance, take evidence,
3399and require the production of any matter which is relevant to
3400the investigation, including the identity, existence,
3401description, nature, custody, condition, and location of any
3402books, documents, or other tangible things and the identity and
3403location of persons having knowledge of relevant facts or any
3404other matter reasonably calculated to lead to the discovery of
3405material evidence. Failure to obey a subpoena or to answer
3406questions propounded by the investigating officer and upon
3407reasonable notice to all persons affected thereby shall be a
3408violation of this chapter. In addition to the other enforcement
3409powers authorized in this subsection, the division may, at its
3410discretion, apply to the circuit court for an order compelling
3411compliance.
3412     (4)  The division may prepare and disseminate a prospectus
3413and other information to assist prospective purchasers, sellers,
3414and managing entities of timeshare plans in assessing the
3415rights, privileges, and duties pertaining thereto.
3416     (5)  Notwithstanding any remedies available to purchasers,
3417if the division has reasonable cause to believe that a violation
3418of this chapter, or of any division rule adopted or order
3419promulgated or issued pursuant to this chapter, has occurred,
3420the division may institute enforcement proceedings in its own
3421name against any regulated party, as such term is defined in
3422this subsection:
3423     (a)1.  "Regulated party," for purposes of this section,
3424means any developer, exchange company, seller, managing entity,
3425owners' association, owners' association director, owners'
3426association officer, manager, management firm, escrow agent,
3427trustee, any respective assignees or agents, or any other person
3428having duties or obligations pursuant to this chapter.
3429     2.  Any person who materially participates in any offer or
3430disposition of any interest in, or the management or operation
3431of, a timeshare plan in violation of this chapter or relevant
3432rules involving fraud, deception, false pretenses,
3433misrepresentation, or false advertising or the disbursement,
3434concealment, or diversion of any funds or assets, which conduct
3435adversely affects the interests of a purchaser, and which person
3436directly or indirectly controls a regulated party or is a
3437general partner, officer, director, agent, or employee of such
3438regulated party, shall be jointly and severally liable under
3439this subsection with such regulated party, unless such person
3440did not know, and in the exercise of reasonable care could not
3441have known, of the existence of the facts giving rise to the
3442violation of this chapter. A right of contribution shall exist
3443among jointly and severally liable persons pursuant to this
3444paragraph.
3445     (b)  The division may permit any person whose conduct or
3446actions may be under investigation to waive formal proceedings
3447and enter into a consent proceeding whereby an order, rule, or
3448letter of censure or warning, whether formal or informal, may be
3449entered against that person.
3450     (c)  The division may issue an order requiring a regulated
3451party to cease and desist from an unlawful practice under this
3452chapter and take such affirmative action as in the judgment of
3453the division will carry out the purposes of this chapter.
3454     (d)1.  The division may bring an action in circuit court
3455for declaratory or injunctive relief or for other appropriate
3456relief, including restitution.
3457     2.  The division shall have broad authority and discretion
3458to petition the circuit court to appoint a receiver with respect
3459to any managing entity which fails to perform its duties and
3460obligations under this chapter with respect to the operation of
3461a timeshare plan. The circumstances giving rise to an
3462appropriate petition for receivership under this subparagraph
3463include, but are not limited to:
3464     a.  Damage to or destruction of any of the accommodations
3465or facilities of a timeshare plan, where the managing entity has
3466failed to repair or reconstruct same.
3467     b.  A breach of fiduciary duty by the managing entity,
3468including, but not limited to, undisclosed self-dealing or
3469failure to timely assess, collect, or disburse the common
3470expenses of the timeshare plan.
3471     c.  Failure of the managing entity to operate the timeshare
3472plan in accordance with the timeshare instrument and this
3473chapter.
3474
3475If, under the circumstances, it appears that the events giving
3476rise to the petition for receivership cannot be reasonably and
3477timely corrected in a cost-effective manner consistent with the
3478timeshare instrument, the receiver may petition the circuit
3479court to implement such amendments or revisions to the timeshare
3480instrument as may be necessary to enable the managing entity to
3481resume effective operation of the timeshare plan, or to enter an
3482order terminating the timeshare plan, or to enter such further
3483orders regarding the disposition of the timeshare property as
3484the court deems appropriate, including the disposition and sale
3485of the timeshare property held by the owners' association or the
3486purchasers. In the event of a receiver's sale, all rights,
3487title, and interest held by the owners' association or any
3488purchaser shall be extinguished and title shall vest in the
3489buyer. This provision applies to timeshare estates, personal
3490property timeshare interests, and timeshare licenses. All
3491reasonable costs and fees of the receiver relating to the
3492receivership shall become common expenses of the timeshare plan
3493upon order of the court.
3494     3.  The division may revoke its approval of any filing for
3495any timeshare plan for which a petition for receivership has
3496been filed pursuant to this paragraph.
3497     (e)1.  The division may impose a penalty against any
3498regulated party for a violation of this chapter or any rule
3499adopted thereunder. A penalty may be imposed on the basis of
3500each day of continuing violation, but in no event may the
3501penalty for any offense exceed $10,000. All accounts collected
3502shall be deposited with the Chief Financial Officer to the
3503credit of the Division of Florida Land Sales, Condominiums,
3504Timeshares, and Mobile Homes Trust Fund.
3505     2.a.  If a regulated party fails to pay a penalty, the
3506division shall thereupon issue an order directing that such
3507regulated party cease and desist from further operation until
3508such time as the penalty is paid; or the division may pursue
3509enforcement of the penalty in a court of competent jurisdiction.
3510     b.  If an owners' association or managing entity fails to
3511pay a civil penalty, the division may pursue enforcement in a
3512court of competent jurisdiction.
3513     (f)  In order to permit the regulated party an opportunity
3514either to appeal such decision administratively or to seek
3515relief in a court of competent jurisdiction, the order imposing
3516the penalty or the cease and desist order shall not become
3517effective until 20 days after the date of such order.
3518     (g)  Any action commenced by the division shall be brought
3519in the county in which the division has its executive offices or
3520in the county where the violation occurred.
3521     (h)  Notice to any regulated party shall be complete when
3522delivered by United States mail, return receipt requested, to
3523the party's address currently on file with the division or to
3524such other address at which the division is able to locate the
3525party. Every regulated party has an affirmative duty to notify
3526the division of any change of address at least 5 business days
3527prior to such change.
3528     (6)  The division has authority to adopt rules pursuant to
3529ss. 120.536(1) and 120.54 to implement and enforce the
3530provisions of this chapter.
3531     (7)(a)  The use of any unfair or deceptive act or practice
3532by any person in connection with the sales or other operations
3533of an exchange program or timeshare plan is a violation of this
3534chapter.
3535     (b)  Any violation of the Florida Deceptive and Unfair
3536Trade Practices Act, ss. 501.201 et seq., relating to the
3537creation, promotion, sale, operation, or management of any
3538timeshare plan shall also be a violation of this chapter.
3539     (c)  The division may is authorized to institute
3540proceedings against any such person and take any appropriate
3541action authorized in this section in connection therewith,
3542notwithstanding any remedies available to purchasers.
3543     (8)  The failure of any person to comply with any order of
3544the division is a violation of this chapter.
3545     Section 60.  Section 721.28, Florida Statutes, is amended
3546to read:
3547     721.28  Division of Florida Land Sales, Condominiums,
3548Timeshares, and Mobile Homes Trust Fund.--All funds collected by
3549the division and any amounts paid as fees or penalties under
3550this chapter shall be deposited in the State Treasury to the
3551credit of the Division of Florida Land Sales, Condominiums,
3552Timeshares, and Mobile Homes Trust Fund created by s. 718.509
3553498.019.
3554     Section 61.  Paragraph (c) of subsection (1) of section
3555721.301, Florida Statutes, is amended to read:
3556     721.301  Florida Timesharing, Vacation Club, and
3557Hospitality Program.--
3558     (1)
3559     (c)  The director may designate funds from the Division of
3560Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
3561Trust Fund, not to exceed $50,000 annually, to support the
3562projects and proposals undertaken pursuant to paragraph (b). All
3563state trust funds to be expended pursuant to this section must
3564be matched equally with private moneys and shall comprise no
3565more than half of the total moneys expended annually.
3566     Section 62.  Section 721.50, Florida Statutes, is amended
3567to read:
3568     721.50  Short title.--This part may be cited as the
3569"McAllister Act" in recognition and appreciation for the years
3570of extraordinary and insightful contributions by Mr. Bryan C.
3571McAllister, Examinations Supervisor of the former, Division of
3572Florida Land Sales, Condominiums, and Mobile Homes.
3573     Section 63.  Subsection (1) of section 723.003, Florida
3574Statutes, is amended to read:
3575     723.003  Definitions.--As used in this chapter, the
3576following words and terms have the following meanings unless
3577clearly indicated otherwise:
3578     (1)  The term "division" means the Division of Florida Land
3579Sales, Condominiums, Timeshares, and Mobile Homes of the
3580Department of Business and Professional Regulation.
3581     Section 64.  Paragraph (e) of subsection (5) of section
3582723.006, Florida Statutes, is amended to read:
3583     723.006  Powers and duties of division.--In performing its
3584duties, the division has the following powers and duties:
3585     (5)  Notwithstanding any remedies available to mobile home
3586owners, mobile home park owners, and homeowners' associations,
3587if the division has reasonable cause to believe that a violation
3588of any provision of this chapter or related any rule promulgated
3589pursuant hereto has occurred, the division may institute
3590enforcement proceedings in its own name against a developer,
3591mobile home park owner, or homeowners' association, or its
3592assignee or agent, as follows:
3593     (e)1.  The division may impose a civil penalty against a
3594mobile home park owner or homeowners' association, or its
3595assignee or agent, for any violation of this chapter, a properly
3596adopted promulgated park rule or regulation, or a rule adopted
3597or regulation promulgated pursuant hereto. A penalty may be
3598imposed on the basis of each separate violation and, if the
3599violation is a continuing one, for each day of continuing
3600violation, but in no event may the penalty for each separate
3601violation or for each day of continuing violation exceed $5,000.
3602All amounts collected shall be deposited with the Chief
3603Financial Officer to the credit of the Division of Florida Land
3604Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund.
3605     2.  If a violator fails to pay the civil penalty, the
3606division shall thereupon issue an order directing that such
3607violator cease and desist from further violation until such time
3608as the civil penalty is paid or may pursue enforcement of the
3609penalty in a court of competent jurisdiction. If a homeowners'
3610association fails to pay the civil penalty, the division shall
3611thereupon pursue enforcement in a court of competent
3612jurisdiction, and the order imposing the civil penalty or the
3613cease and desist order shall not become effective until 20 days
3614after the date of such order. Any action commenced by the
3615division shall be brought in the county in which the division
3616has its executive offices or in which the violation occurred.
3617     Section 65.  Section 723.009, Florida Statutes, is amended
3618to read:
3619     723.009  Division of Florida Land Sales, Condominiums,
3620Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
3621fees, penalties, and fines imposed pursuant to this chapter
3622shall be deposited into the Division of Florida Land Sales,
3623Condominiums, Timeshares, and Mobile Homes Trust Fund created by
3624s. 718.509 498.019. Moneys in this fund, as appropriated by the
3625Legislature pursuant to chapter 216, may be used to defray the
3626expenses incurred by the division in administering the
3627provisions of this chapter.
3628     Section 66.  Paragraph (c) of subsection (2) of section
3629723.0611, Florida Statutes, is amended to read:
3630     723.0611  Florida Mobile Home Relocation Corporation.--
3631     (2)
3632     (c)  The corporation shall, for purposes of s. 768.28, be
3633considered an agency of the state. Agents or employees of the
3634corporation, members of the board of directors of the
3635corporation, or representatives of the Division of Florida Land
3636Sales, Condominiums, Timeshares, and Mobile Homes shall be
3637considered officers, employees, or agents of the state, and
3638actions against them and the corporation shall be governed by s.
3639768.28.
3640     Section 67.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.
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