November 26, 2020
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CS/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, 498.021,
50498.022, 498.023, 498.024, 498.025, 498.027, 498.028,
51498.029, 498.031, 498.033, 498.035, 498.037, 498.039,
52498.041, 498.047, 498.049, 498.051, 498.053, 498.059,
53498.061, and 498.063, F.S., relating to regulation of land
54sales practices; amending s. 548.0065, F.S.; including
55amateur mixed martial arts in a provision relating to the
56authority of the Florida State Boxing Commission to
57suspend amateur matches for violation of certain health
58and safety standards; amending s. 548.008, F.S.; removing
59prohibition against holding amateur mixed martial arts
60matches in this state; amending s. 548.041, F.S.;
61providing additional licensure requirements for boxing
62participants; 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.,
79and renumbering and amending s. 498.019, F.S.;
80consolidating and revising provisions relating to the
81creation, purposes, and sources of funds of the Division
82of Florida Condominiums, Timeshares, and Mobile Homes
83Trust Fund; revising provisions to conform to the change
84in division name; providing for the deposit of moneys
85resulting from an administrative final order; amending s.
86721.03, F.S.; clarifying that timeshare plan includes a
87nonspecific multisite timeshare plan; amending ss. 73.073,
88190.009, 192.037, 213.053, 326.002, 326.006, 380.05,
89380.06, 380.0651, 381.0065, 455.116, 475.455, 494.008,
90509.512, 517.301, 559.935, 718.103, 718.105, 718.1255,
91718.5011, 718.502, 718.504, 718.508, 718.608, 719.103,
92719.1255, 719.501, 719.502, 719.504, 719.508, 719.608,
93720.301, 720.401, 721.05, 721.07, 721.08, 721.26, 721.28,
94721.301, 721.50, 723.003, 723.006, 723.009, and 723.0611,
95F.S., to conform; providing an effective date.
96
97Be It Enacted by the Legislature of the State of Florida:
98
99     Section 1.  Paragraphs (d) and (j) of subsection (2) of
100section 20.165, Florida Statutes, are amended, and paragraph (k)
101is added to that subsection, to read:
102     20.165  Department of Business and Professional
103Regulation.--There is created a Department of Business and
104Professional Regulation.
105     (2)  The following divisions of the Department of Business
106and Professional Regulation are established:
107     (d)  Division of Florida Land Sales, Condominiums,
108Timeshares, and Mobile Homes.
109     (j)  Division of Technology, Licensure, and Testing.
110     (k)  Division of Service Operations.
111     Section 2.  Subsection (2) of section 73.073, Florida
112Statutes, is amended to read:
113     73.073  Eminent domain procedure with respect to
114condominium common elements.--
115     (2)  With respect to the exercise of eminent domain or a
116negotiated sale for the purchase or taking of a portion of the
117common elements of a condominium, the condemning authority shall
118have the responsibility of contacting the condominium
119association and acquiring the most recent rolls indicating the
120names of the unit owners or contacting the appropriate taxing
121authority to obtain the names of the owners of record on the tax
122rolls. Notification shall thereupon be sent by certified mail,
123return receipt requested, to the unit owners of record of the
124condominium units by the condemning authority indicating the
125intent to purchase or take the required property and requesting
126a response from the unit owner. The condemning authority shall
127be responsible for the expense of sending notification pursuant
128to this section. Such notice shall, at a minimum, include:
129     (a)  The name and address of the condemning authority.
130     (b)  A written or visual description of the property.
131     (c)  The public purpose for which the property is needed.
132     (d)  The appraisal value of the property.
133     (e)  A clear, concise statement relating to the unit
134owner's right to object to the taking or appraisal value and the
135procedures and effects of exercising that right.
136     (f)  A clear, concise statement relating to the power of
137the association to convey the property on behalf of the unit
138owners if no objection to the taking or appraisal value is
139raised, and the effects of this alternative on the unit owner.
140
141The Division of Florida Land Sales, Condominiums, Timeshares,
142and Mobile Homes of the Department of Business and Professional
143Regulation may adopt, by rule, a standard form for such notice
144and may require the notice to include any additional relevant
145information.
146     Section 3.  Subsections (2) and (3) of section 190.009,
147Florida Statutes, are amended to read:
148     190.009  Disclosure of public financing.--
149     (2)  The Division of Florida Land Sales, Condominiums, and
150Mobile Homes of the Department of Business and Professional
151Regulation shall ensure that disclosures made by developers
152pursuant to chapter 498 meet the requirements of subsection (1).
153     (2)(3)  The Department of Community Affairs shall keep a
154current list of districts and their disclosures pursuant to this
155act and shall make such studies and reports and take such
156actions as it deems necessary.
157     Section 4.  Paragraph (e) of subsection (6) of section
158192.037, Florida Statutes, is amended to read:
159     192.037  Fee timeshare real property; taxes and
160assessments; escrow.--
161     (6)
162     (e)  On or before May 1 of each year, a statement of
163receipts and disbursements of the escrow account must be filed
164with the Division of Florida Land Sales, Condominiums,
165Timeshares, and Mobile Homes of the Department of Business and
166Professional Regulation, which may enforce this paragraph
167pursuant to s. 721.26. This statement must appropriately show
168the amount of principal and interest in such account.
169     Section 5.  Paragraph (i) of subsection (8) of section
170213.053, Florida Statutes, is amended to read:
171     213.053  Confidentiality and information sharing.--
172     (8)  Notwithstanding any other provision of this section,
173the department may provide:
174     (i)  Information relative to chapters 212 and 326 to the
175Division of Florida Land Sales, Condominiums, Timeshares, and
176Mobile Homes of the Department of Business and Professional
177Regulation in the conduct of its official duties.
178
179Disclosure of information under this subsection shall be
180pursuant to a written agreement between the executive director
181and the agency. Such agencies, governmental or nongovernmental,
182shall be bound by the same requirements of confidentiality as
183the Department of Revenue. Breach of confidentiality is a
184misdemeanor of the first degree, punishable as provided by s.
185775.082 or s. 775.083.
186     Section 6.  Paragraph (d) of subsection (4) of section
187215.20, Florida Statutes, is amended to read:
188     215.20  Certain income and certain trust funds to
189contribute to the General Revenue Fund.--
190     (4)  The income of a revenue nature deposited in the
191following described trust funds, by whatever name designated, is
192that from which the appropriations authorized by subsection (3)
193shall be made:
194     (d)  Within the Department of Business and Professional
195Regulation:
196     1.  The Administrative Trust Fund.
197     2.  The Alcoholic Beverage and Tobacco Trust Fund.
198     3.  The Cigarette Tax Collection Trust Fund.
199     4.  The Division of Florida Land Sales, Condominiums,
200Timeshares, and Mobile Homes Trust Fund.
201     5.  The Hotel and Restaurant Trust Fund, with the exception
202of those fees collected for the purpose of funding of the
203hospitality education program as stated in s. 509.302.
204     6.  The Professional Regulation Trust Fund.
205     7.  The trust funds administered by the Division of Pari-
206mutuel Wagering.
207
208The enumeration of the foregoing moneys or trust funds shall not
209prohibit the applicability thereto of s. 215.24 should the
210Governor determine that for the reasons mentioned in s. 215.24
211the money or trust funds should be exempt herefrom, as it is the
212purpose of this law to exempt income from its force and effect
213when, by the operation of this law, federal matching funds or
214contributions or private grants to any trust fund would be lost
215to the state.
216     Section 7.  Subsection (2) of section 326.002, Florida
217Statutes, is amended to read:
218     326.002  Definitions.--As used in ss. 326.001-326.006, the
219term:
220     (2)  "Division" means the Division of Florida Land Sales,
221Condominiums, Timeshares, and Mobile Homes of the Department of
222Business and Professional Regulation.
223     Section 8.  Paragraph (d) of subsection (2) and subsection
224(3) of section 326.006, Florida Statutes, are amended to read:
225     326.006  Powers and duties of division.--
226     (2)  The division has the power to enforce and ensure
227compliance with the provisions of this chapter and rules adopted
228under this chapter relating to the sale and ownership of yachts
229and ships. In performing its duties, the division has the
230following powers and duties:
231     (d)  Notwithstanding any remedies available to a yacht or
232ship purchaser, if the division has reasonable cause to believe
233that a violation of any provision of this chapter or rule
234adopted under this chapter has occurred, the division may
235institute enforcement proceedings in its own name against any
236broker or salesperson or any of his or her assignees or agents,
237or against any unlicensed person or any of his or her assignees
238or agents, as follows:
239     1.  The division may permit a person whose conduct or
240actions are under investigation to waive formal proceedings and
241enter into a consent proceeding whereby orders, rules, or
242letters of censure or warning, whether formal or informal, may
243be entered against the person.
244     2.  The division may issue an order requiring the broker or
245salesperson or any of his or her assignees or agents, or
246requiring any unlicensed person or any of his or her assignees
247or agents, to cease and desist from the unlawful practice and
248take such affirmative action as in the judgment of the division
249will carry out the purposes of this chapter.
250     3.  The division may bring an action in circuit court on
251behalf of a class of yacht or ship purchasers for declaratory
252relief, injunctive relief, or restitution.
253     4.  The division may impose a civil penalty against a
254broker or salesperson or any of his or her assignees or agents,
255or against an unlicensed person or any of his or her assignees
256or agents, for any violation of this chapter or a rule adopted
257under this chapter. A penalty may be imposed for each day of
258continuing violation, but in no event may the penalty for any
259offense exceed $10,000. All amounts collected must be deposited
260with the Chief Financial Officer to the credit of the Division
261of Florida Land Sales, Condominiums, Timeshares, and Mobile
262Homes Trust Fund. If a broker, salesperson, or unlicensed person
263working for a broker, fails to pay the civil penalty, the
264division shall thereupon issue an order suspending the broker's
265license until such time as the civil penalty is paid or may
266pursue enforcement of the penalty in a court of competent
267jurisdiction. The order imposing the civil penalty or the order
268of suspension may not become effective until 20 days after the
269date of such order. Any action commenced by the division must be
270brought in the county in which the division has its executive
271offices or in the county where the violation occurred.
272     (3)  All fees must be deposited in the Division of Florida
273Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
274Fund as provided by law.
275     Section 9.  Subsection (18) of section 380.05, Florida
276Statutes, is amended to read:
277     380.05  Areas of critical state concern.--
278     (18)  Neither the designation of an area of critical state
279concern nor the adoption of any regulations for such an area
280shall in any way limit or modify the rights of any person to
281complete any development that was has been authorized by
282registration of a subdivision pursuant to former chapter 498 or
283former chapter 478, by recordation pursuant to local subdivision
284plat law, or by a building permit or other authorization to
285commence development on which there has been reliance and a
286change of position, and which registration or recordation was
287accomplished, or which permit or authorization was issued, prior
288to the approval under subsection (6), or the adoption under
289subsection (8), of land development regulations for the area of
290critical state concern. If a developer has by his or her actions
291in reliance on prior regulations obtained vested or other legal
292rights that in law would have prevented a local government from
293changing those regulations in a way adverse to the developer's
294interests, nothing in this chapter authorizes any governmental
295agency to abridge those rights.
296     Section 10.  Subsection (20) of section 380.06, Florida
297Statutes, is amended to read:
298     380.06  Developments of regional impact.--
299     (20)  VESTED RIGHTS.--Nothing in this section shall limit
300or modify the rights of any person to complete any development
301that was has been authorized by registration of a subdivision
302pursuant to former chapter 498, by recordation pursuant to local
303subdivision plat law, or by a building permit or other
304authorization to commence development on which there has been
305reliance and a change of position and which registration or
306recordation was accomplished, or which permit or authorization
307was issued, prior to July 1, 1973. If a developer has, by his or
308her actions in reliance on prior regulations, obtained vested or
309other legal rights that in law would have prevented a local
310government from changing those regulations in a way adverse to
311the developer's interests, nothing in this chapter authorizes
312any governmental agency to abridge those rights.
313     (a)  For the purpose of determining the vesting of rights
314under this subsection, approval pursuant to local subdivision
315plat law, ordinances, or regulations of a subdivision plat by
316formal vote of a county or municipal governmental body having
317jurisdiction after August 1, 1967, and prior to July 1, 1973, is
318sufficient to vest all property rights for the purposes of this
319subsection; and no action in reliance on, or change of position
320concerning, such local governmental approval is required for
321vesting to take place. Anyone claiming vested rights under this
322paragraph must so notify the department in writing by January 1,
3231986. Such notification shall include information adequate to
324document the rights established by this subsection. When such
325notification requirements are met, in order for the vested
326rights authorized pursuant to this paragraph to remain valid
327after June 30, 1990, development of the vested plan must be
328commenced prior to that date upon the property that the state
329land planning agency has determined to have acquired vested
330rights following the notification or in a binding letter of
331interpretation. When the notification requirements have not been
332met, the vested rights authorized by this paragraph shall expire
333June 30, 1986, unless development commenced prior to that date.
334     (b)  For the purpose of this act, the conveyance of, or the
335agreement to convey, property to the county, state, or local
336government as a prerequisite to zoning change approval shall be
337construed as an act of reliance to vest rights as determined
338under this subsection, provided such zoning change is actually
339granted by such government.
340     Section 11.  Paragraph (a) of subsection (4) of section
341380.0651, Florida Statutes, is amended to read:
342     380.0651  Statewide guidelines and standards.--
343     (4)  Two or more developments, represented by their owners
344or developers to be separate developments, shall be aggregated
345and treated as a single development under this chapter when they
346are determined to be part of a unified plan of development and
347are physically proximate to one other.
348     (a)  The criteria of two of the following subparagraphs
349must be met in order for the state land planning agency to
350determine that there is a unified plan of development:
351     1.a.  The same person has retained or shared control of the
352developments;
353     b.  The same person has ownership or a significant legal or
354equitable interest in the developments; or
355     c.  There is common management of the developments
356controlling the form of physical development or disposition of
357parcels of the development.
358     2.  There is a reasonable closeness in time between the
359completion of 80 percent or less of one development and the
360submission to a governmental agency of a master plan or series
361of plans or drawings for the other development which is
362indicative of a common development effort.
363     3.  A master plan or series of plans or drawings exists
364covering the developments sought to be aggregated which have
365been submitted to a local general-purpose government, water
366management district, the Florida Department of Environmental
367Protection, or the Division of Florida Land Sales, Condominiums,
368Timeshares, and Mobile Homes for authorization to commence
369development. The existence or implementation of a utility's
370master utility plan required by the Public Service Commission or
371general-purpose local government or a master drainage plan shall
372not be the sole determinant of the existence of a master plan.
373     4.  The voluntary sharing of infrastructure that is
374indicative of a common development effort or is designated
375specifically to accommodate the developments sought to be
376aggregated, except that which was implemented because it was
377required by a local general-purpose government; water management
378district; the Department of Environmental Protection; the
379Division of Florida Land Sales, Condominiums, Timeshares, and
380Mobile Homes; or the Public Service Commission.
381     5.  There is a common advertising scheme or promotional
382plan in effect for the developments sought to be aggregated.
383     Section 12.  Paragraph (c) of subsection (4) of section
384381.0065, Florida Statutes, is amended to read:
385     381.0065  Onsite sewage treatment and disposal systems;
386regulation.--
387     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
388not construct, repair, modify, abandon, or operate an onsite
389sewage treatment and disposal system without first obtaining a
390permit approved by the department. The department may issue
391permits to carry out this section, but shall not make the
392issuance of such permits contingent upon prior approval by the
393Department of Environmental Protection, except that the issuance
394of a permit for work seaward of the coastal construction control
395line established under s. 161.053 shall be contingent upon
396receipt of any required coastal construction control line permit
397from the Department of Environmental Protection. A construction
398permit is valid for 18 months from the issuance date and may be
399extended by the department for one 90-day period under rules
400adopted by the department. A repair permit is valid for 90 days
401from the date of issuance. An operating permit must be obtained
402prior to the use of any aerobic treatment unit or if the
403establishment generates commercial waste. Buildings or
404establishments that use an aerobic treatment unit or generate
405commercial waste shall be inspected by the department at least
406annually to assure compliance with the terms of the operating
407permit. The operating permit for a commercial wastewater system
408is valid for 1 year from the date of issuance and must be
409renewed annually. The operating permit for an aerobic treatment
410unit is valid for 2 years from the date of issuance and must be
411renewed every 2 years. If all information pertaining to the
412siting, location, and installation conditions or repair of an
413onsite sewage treatment and disposal system remains the same, a
414construction or repair permit for the onsite sewage treatment
415and disposal system may be transferred to another person, if the
416transferee files, within 60 days after the transfer of
417ownership, an amended application providing all corrected
418information and proof of ownership of the property. There is no
419fee associated with the processing of this supplemental
420information. A person may not contract to construct, modify,
421alter, repair, service, abandon, or maintain any portion of an
422onsite sewage treatment and disposal system without being
423registered under part III of chapter 489. A property owner who
424personally performs construction, maintenance, or repairs to a
425system serving his or her own owner-occupied single-family
426residence is exempt from registration requirements for
427performing such construction, maintenance, or repairs on that
428residence, but is subject to all permitting requirements. A
429municipality or political subdivision of the state may not issue
430a building or plumbing permit for any building that requires the
431use of an onsite sewage treatment and disposal system unless the
432owner or builder has received a construction permit for such
433system from the department. A building or structure may not be
434occupied and a municipality, political subdivision, or any state
435or federal agency may not authorize occupancy until the
436department approves the final installation of the onsite sewage
437treatment and disposal system. A municipality or political
438subdivision of the state may not approve any change in occupancy
439or tenancy of a building that uses an onsite sewage treatment
440and disposal system until the department has reviewed the use of
441the system with the proposed change, approved the change, and
442amended the operating permit.
443     (c)  Notwithstanding the provisions of paragraphs (a) and
444(b), for subdivisions platted of record on or before October 1,
4451991, when a developer or other appropriate entity has
446previously made or makes provisions, including financial
447assurances or other commitments, acceptable to the Department of
448Health, that a central water system will be installed by a
449regulated public utility based on a density formula, private
450potable wells may be used with onsite sewage treatment and
451disposal systems until the agreed-upon densities are reached.
452The department may consider assurances filed with the Department
453of Business and Professional Regulation under chapter 498 in
454determining the adequacy of the financial assurance required by
455this paragraph. In a subdivision regulated by this paragraph,
456the average daily sewage flow may not exceed 2,500 gallons per
457acre per day. This section does not affect the validity of
458existing prior agreements. After October 1, 1991, the exception
459provided under this paragraph is not available to a developer or
460other appropriate entity.
461     Section 13.  Subsections (8) through (12) of section
462450.33, Florida Statutes, are amended to read:
463     450.33  Duties of farm labor contractor.--Every farm labor
464contractor must:
465     (8)  File, within such time as the department may
466prescribe, a set of his or her fingerprints.
467     (8)(9)  Produce evidence to the department that each
468vehicle he or she uses for the transportation of employees
469complies with the requirements and specifications established in
470chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
471Pub. L. No. 97-470 meeting Department of Transportation
472requirements or, in lieu thereof, bears a valid inspection
473sticker showing that the vehicle has passed the inspection in
474the state in which the vehicle is registered.
475     (9)(10)  Comply with all applicable statutes, rules, and
476regulations of the United States and of the State of Florida for
477the protection or benefit of labor, including, but not limited
478to, those providing for wages, hours, fair labor standards,
479social security, workers' compensation, unemployment
480compensation, child labor, and transportation.
481     (10)(11)  Maintain accurate daily field records for each
482employee actually paid by the farm labor contractor reflecting
483the hours worked for the farm labor contractor and, if paid by
484unit, the number of units harvested and the amount paid per
485unit.
486     (11)(12)  Clearly display on each vehicle used to transport
487migrant or seasonal farm workers a display sticker issued by the
488department, which states that the vehicle is authorized by the
489department to transport farm workers and the expiration date of
490the authorization.
491     Section 14.  Subsection (10) is added to section 455.203,
492Florida Statutes, to read:
493     455.203  Department; powers and duties.--The department,
494for the boards under its jurisdiction, shall:
495     (10)  Have authority to:
496     (a)  Close and terminate deficient license application
497files 2 years after the board or the department notifies the
498applicant of the deficiency; and
499     (b)  Approve applications for professional licenses that
500meet all statutory and rule requirements for licensure.
501     Section 15.  Subsection (5) of section 455.116, Florida
502Statutes, is amended to read:
503     455.116  Regulation trust funds.--The following trust funds
504shall be placed in the department:
505     (5)  Division of Florida Land Sales, Condominiums,
506Timeshares, and Mobile Homes Trust Fund.
507     Section 16.  Subsection (1) of section 455.217, Florida
508Statutes, is amended to read:
509     455.217  Examinations.--This section shall be read in
510conjunction with the appropriate practice act associated with
511each regulated profession under this chapter.
512     (1)  The Division of Service Operations Technology,
513Licensure, and Testing of the Department of Business and
514Professional Regulation shall provide, contract, or approve
515services for the development, preparation, administration,
516scoring, score reporting, and evaluation of all examinations.
517The division shall seek the advice of the appropriate board in
518providing such services.
519     (a)  The department, acting in conjunction with the
520Division of Service Operations Technology, Licensure, and
521Testing and the Division of Real Estate, as appropriate, shall
522ensure that examinations adequately and reliably measure an
523applicant's ability to practice the profession regulated by the
524department. After an examination developed or approved by the
525department has been administered, the board or department may
526reject any question which does not reliably measure the general
527areas of competency specified in the rules of the board or
528department, when there is no board. The department shall use
529professional testing services for the development, preparation,
530and evaluation of examinations, when such services are available
531and approved by the board.
532     (b)  For each examination developed by the department or
533contracted vendor, to the extent not otherwise specified by
534statute, the board or the department when there is no board,
535shall by rule specify the general areas of competency to be
536covered by the examination, the relative weight to be assigned
537in grading each area tested, the score necessary to achieve a
538passing grade, and the fees, where applicable, to cover the
539actual cost for any purchase, development, and administration of
540the required examination. However, statutory fee caps in each
541practice act shall apply. This subsection does not apply to
542national examinations approved and administered pursuant to
543paragraph (d).
544     (c)  If a practical examination is deemed to be necessary,
545rules shall specify the criteria by which examiners are to be
546selected, the grading criteria to be used by the examiner, the
547relative weight to be assigned in grading each criterion, and
548the score necessary to achieve a passing grade. When a mandatory
549standardization exercise for a practical examination is required
550by law, the board may conduct such exercise. Therefore, board
551members may serve as examiners at a practical examination with
552the consent of the board.
553     (d)  A board, or the department when there is no board, may
554approve by rule the use of any national examination which the
555department has certified as meeting requirements of national
556examinations and generally accepted testing standards pursuant
557to department rules. Providers of examinations, which may be
558either profit or nonprofit entities, seeking certification by
559the department shall pay the actual costs incurred by the
560department in making a determination regarding the
561certification. The department shall use any national examination
562which is available, certified by the department, and approved by
563the board. The name and number of a candidate may be provided to
564a national contractor for the limited purpose of preparing the
565grade tape and information to be returned to the board or
566department or, to the extent otherwise specified by rule, the
567candidate may apply directly to the vendor of the national
568examination. The department may delegate to the board the duty
569to provide and administer the examination. Any national
570examination approved by a board, or the department when there is
571no board, prior to October 1, 1997, is deemed certified under
572this paragraph. Any licensing or certification examination that
573is not developed or administered by the department in-house or
574provided as a national examination shall be competitively bid.
575     (e)  The department shall adopt rules regarding the
576security and monitoring of examinations. In order to maintain
577the security of examinations, the department may employ the
578procedures set forth in s. 455.228 to seek fines and injunctive
579relief against an examinee who violates the provisions of s.
580455.2175 or the rules adopted pursuant to this paragraph. The
581department, or any agent thereof, may, for the purposes of
582investigation, confiscate any written, photographic, or
583recording material or device in the possession of the examinee
584at the examination site which the department deems necessary to
585enforce such provisions or rules.
586     (f)  If the professional board with jurisdiction over an
587examination concurs, the department may, for a fee, share with
588any other state's licensing authority an examination developed
589by or for the department unless prohibited by a contract entered
590into by the department for development or purchase of the
591examination. The department, with the concurrence of the
592appropriate board, shall establish guidelines that ensure
593security of a shared exam and shall require that any other
594state's licensing authority comply with those guidelines. Those
595guidelines shall be approved by the appropriate professional
596board. All fees paid by the user shall be applied to the
597department's examination and development program for professions
598regulated by this chapter. All fees paid by the user for
599professions not regulated by this chapter shall be applied to
600offset the fees for the development and administration of that
601profession's examination. If both a written and a practical
602examination are given, an applicant shall be required to retake
603only the portion of the examination for which he or she failed
604to achieve a passing grade, if he or she successfully passes
605that portion within a reasonable time of his or her passing the
606other portion.
607     Section 17.  Subsection (6) is added to section 455.2273,
608Florida Statutes, to read:
609     455.2273  Disciplinary guidelines.--
610     (6)  Notwithstanding s. 455.017, this section applies to
611disciplinary guidelines adopted by all boards or divisions
612within the department.
613     Section 18.  Paragraph (b) of subsection (2) of section
614475.17, Florida Statutes, is amended to read:
615     475.17  Qualifications for practice.--
616     (2)
617     (b)  A person may not be licensed as a real estate broker
618unless, in addition to the other requirements of law, the person
619has held:
620     1.  An active real estate sales associate's license for at
621least 24 12 months during the preceding 5 years in the office of
622one or more real estate brokers licensed in this state or any
623other state, territory, or jurisdiction of the United States or
624in any foreign national jurisdiction;
625     2.  A current and valid real estate sales associate's
626license for at least 24 12 months during the preceding 5 years
627in the employ of a governmental agency for a salary and
628performing the duties authorized in this part for real estate
629licensees; or
630     3.  A current and valid real estate broker's license for at
631least 24 12 months during the preceding 5 years in any other
632state, territory, or jurisdiction of the United States or in any
633foreign national jurisdiction.
634
635This paragraph does not apply to a person employed as a real
636estate investigator by the Division of Real Estate, provided the
637person has been employed as a real estate investigator for at
638least 24 months. The person must be currently employed as a real
639estate investigator to sit for the real estate broker's
640examination and have held a valid and current sales associate's
641license for at least 12 months.
642     Section 19.  Subsection (9) of section 475.451, Florida
643Statutes, is amended to read:
644     475.451  Schools teaching real estate practice.--
645     (9)(a)  Each school permitholder of a proprietary real
646estate school, each chief administrative person of such an
647institution, or each course sponsor shall deliver to the
648department, in a format acceptable to the department, a copy of
649the classroom course roster of courses that require satisfactory
650completion of an examination no later than 30 days beyond the
651end of the calendar month in which the course was completed.
652     (b)  The course roster shall consist of the institution or
653school name and permit number, if applicable, the instructor's
654name and permit number, if applicable, course title, beginning
655and ending dates of the course, number of course hours, course
656location, if applicable, each student's full name and license
657number, if applicable, each student's mailing address, and the
658numerical grade each student achieved. The course roster shall
659also include the signature of the school permitholder, the chief
660administrative person, or the course sponsor.
661     Section 20.  Section 475.455, Florida Statutes, is amended
662to read:
663     475.455  Exchange of disciplinary information.--The
664commission shall inform the Division of Florida Land Sales,
665Condominiums, Timeshares, and Mobile Homes of the Department of
666Business and Professional Regulation of any disciplinary action
667the commission has taken against any of its licensees. The
668division shall inform the commission of any disciplinary action
669the division has taken against any broker or sales associate
670registered with the division.
671     Section 21.  Subsection (6) of section 489.105, Florida
672Statutes, is amended to read:
673     489.105  Definitions.--As used in this part:
674     (6)  "Contracting" means, except as exempted in this part,
675engaging in business as a contractor and includes, but is not
676limited to, performance of any of the acts as set forth in
677subsection (3) which define types of contractors. The attempted
678sale of contracting services and the negotiation or bid for a
679contract on these services also constitutes contracting. If the
680services offered require licensure or agent qualification, the
681offering, negotiation for a bid, or attempted sale of these
682services requires the corresponding licensure. However, the term
683"contracting" shall not extend to an individual, partnership,
684corporation, trust, or other legal entity that offers to sell or
685sells completed residences on property on which the individual
686or business entity has any legal or equitable interest, or to
687the individual or business entity that offers to sell or sells
688manufactured or factory-built buildings that will be completed
689on site on property on which either party to a contract has any
690legal or equitable interest, if the services of a qualified
691contractor certified or registered pursuant to the requirements
692of this chapter have been or will be retained for the purpose of
693constructing or completing such residences.
694     Section 22.  Section 489.511, Florida Statutes, is amended
695to read:
696     489.511  Certification; application; examinations;
697endorsement.--
698     (1)(a)  Any person who is at least 18 years of age may take
699the certification examination.
700     (b)  Any person desiring to be certified as a contractor
701shall apply to the department in writing and must meet the
702following criteria: to take the certification examination.
703     (2)(a)  A person shall be entitled to take the
704certification examination for the purpose of determining whether
705he or she is qualified to engage in contracting throughout the
706state as a contractor if the person:
707     1.  Is at least 18 years of age;
708     1.2.  Be Is of good moral character;
709     2.  Pass the certification examination, achieving a passing
710grade as established by board rule; and
711     3.  Meet Meets eligibility requirements according to one of
712the following criteria:
713     a.  Has, within the 6 years immediately preceding the
714filing of the application, at least 3 years' proven management
715experience in the trade or education equivalent thereto, or a
716combination thereof, but not more than one-half of such
717experience may be educational equivalent;
718     b.  Has, within the 8 years immediately preceding the
719filing of the application, at least 4 years' experience as a
720supervisor or contractor in the trade for which he or she is
721making application;
722     c.  Has, within the 12 years immediately preceding the
723filing of the application, at least 6 years of comprehensive
724training, technical education, or supervisory experience
725associated with an electrical or alarm system contracting
726business, or at least 6 years of technical experience in
727electrical or alarm system work with the Armed Forces or a
728governmental entity;
729     d.  Has, within the 12 years immediately preceding the
730filing of the application, been licensed for 3 years as a
731professional engineer who is qualified by education, training,
732or experience to practice electrical engineering; or
733     e.  Has any combination of qualifications under sub-
734subparagraphs a.-c. totaling 6 years of experience.
735     (c)(b)  For purposes of this subsection, "supervisor" means
736a person having the experience gained while having the general
737duty of overseeing the technical duties of the trade, provided
738that such experience is gained by a person who is able to
739perform the technical duties of the trade without supervision.
740     (d)(c)  For purposes of this subsection, at least 40
741percent of the work experience for an alarm system contractor I
742must be in the types of fire alarm systems typically used in a
743commercial setting.
744     (2)(3)  The board may determine by rule the number of times
745per year the applicant may take the examination and after three
746unsuccessful attempts may On or after October 1, 1998, every
747applicant who is qualified shall be allowed to take the
748examination three times, notwithstanding the number of times the
749applicant has previously failed the examination. If an applicant
750fails the examination three times after October 1, 1998, the
751board shall require the applicant to complete additional
752college-level or technical education courses in the areas of
753deficiency, as determined by the board, as a condition of future
754eligibility to take the examination. The applicant must also
755submit a new application that meets all certification
756requirements at the time of its submission and must pay all
757appropriate fees.
758     (3)(4)(a)  "Good moral character" means a personal history
759of honesty, fairness, and respect for the rights of others and
760for laws of this state and nation.
761     (b)  The board may determine that an individual applying
762for certification is ineligible to take the examination for
763failure to satisfy the requirement of good moral character only
764if:
765     1.  There is a substantial connection between the lack of
766good moral character of the individual and the professional
767responsibilities of a certified contractor; and
768     2.  The finding by the board of lack of good moral
769character is supported by clear and convincing evidence.
770     (c)  When an individual is found to be unqualified for
771certification examination because of a lack of good moral
772character, the board shall furnish such individual a statement
773containing the findings of the board, a complete record of the
774evidence upon which the determination was based, and a notice of
775the rights of the individual to a rehearing and appeal.
776     (4)(5)  The board shall, by rule, designate those types of
777specialty electrical or alarm system contractors who may be
778certified under this part. The limit of the scope of work and
779responsibility of a certified specialty contractor shall be
780established by board rule. A certified specialty contractor
781category exists as an optional statewide licensing category.
782Qualification for certification in a specialty category created
783by rule shall be the same as set forth in paragraph (1)(b)
784(2)(a). The existence of a specialty category created by rule
785does not itself create any licensing requirement; however,
786neither does its optional nature remove any licensure
787requirement established elsewhere in this part.
788     (5)(6)  The board shall certify as qualified for
789certification by endorsement any individual applying for
790certification who:
791     (a)  Meets the requirements for certification as set forth
792in this section; has passed a national, regional, state, or
793United States territorial licensing examination that is
794substantially equivalent to the examination required by this
795part; and has satisfied the requirements set forth in s.
796489.521; or
797     (b)  Holds a valid license to practice electrical or alarm
798system contracting issued by another state or territory of the
799United States, if the criteria for issuance of such license was
800substantially equivalent to the certification criteria that
801existed in this state at the time the certificate was issued.
802     (6)(7)  Upon the issuance of a certificate, any previously
803issued registered licenses for the classification in which the
804certification is issued are rendered void.
805     Section 23.  Paragraph (b) of subsection (1) of section
806489.515, Florida Statutes, is amended to read:
807     489.515  Issuance of certificates; registrations.--
808     (1)
809     (b)  The board shall certify as qualified for certification
810any person who satisfies the requirements of s. 489.511, who
811successfully passes the certification examination administered
812by the department, achieving a passing grade as established by
813board rule, and who submits satisfactory evidence that he or she
814has obtained both workers' compensation insurance or an
815acceptable exemption certificate issued by the department and
816public liability and property damage insurance for the health,
817safety, and welfare of the public in amounts determined by rule
818of the board, and furnishes evidence of financial
819responsibility, credit, and business reputation of either
820himself or herself or the business organization he or she
821desires to qualify.
822     Section 24.  Section 494.008, Florida Statutes, is amended
823to read:
824     494.008  Mortgages offered by land developers licensed
825pursuant to the Florida Uniform Land Sales Practices Law;
826requirements; prohibitions.--No mortgage loan which has a face
827amount of $35,000 or less and is secured by vacant land
828registered under the Florida Uniform Land Sales Practices Law,
829chapter 498, shall be sold to a mortgagee, except a financial
830institution, by any person unless all of the following
831requirements are met:
832     (1)  Each mortgage securing a note or other obligation sold
833or offered for sale shall be eligible for a recordation as a
834first mortgage.
835     (2)  Each mortgage negotiated pursuant to this section must
836include a mortgagee's title insurance policy or an opinion of
837title, from an attorney who is licensed to practice law in this
838state, on each parcel of land which is described in the
839mortgage. The policy or opinion shall reflect that there are no
840other mortgages on the property. A notice stating the priority
841of the mortgage shall be placed on the face of each mortgage in
842an amount over $35,000 issued pursuant to this section.
843     (3)  Contracts to purchase a mortgage loan shall contain,
844immediately above the purchaser's signature line, the statement
845in 10-point boldfaced type: "This mortgage is secured by vacant
846land subject to development at a future time." This statement
847shall also be typed or printed in 10-point type on the face of
848the note and mortgage sold.
849     (4)  The most recent assessment for tax purposes made by
850the county property appraiser of each parcel of land described
851in the mortgage shall be furnished to each mortgagee.
852     (5)  The mortgage broker shall record or cause to be
853recorded all mortgages or other similar documents prior to
854delivery of the note and mortgage to the mortgagee.
855     (6)  All funds received by the mortgage broker pursuant to
856this section shall promptly be deposited in the broker's trust
857account where they shall remain until the note and mortgage are
858fully executed and recorded.
859     (7)  Willful failure to comply with any of the above
860provisions shall subject the person to the penalties of s.
861494.05.
862     Section 25.  Section 498.009, Florida Statutes, is
863renumbered as section 718.50152, Florida Statutes.
864     Section 26.  Section 498.011, Florida Statutes, is
865renumbered as section 718.50153, Florida Statutes, and amended
866to read:
867     718.50153 498.011  Payment of per diem, mileage, and other
868expenses to division employees.--The amount of per diem and
869mileage and expense money paid to employees shall be as provided
870in s. 112.061, except that the division shall establish by rule
871the standards for reimbursement of actual verified expenses
872incurred in connection with an on-site review inspection or
873investigation of subdivided lands.
874     Section 27.  Section 498.013, Florida Statutes, is
875renumbered as section 718.50154, Florida Statutes.
876     Section 28.  Section 498.057, Florida Statutes, is
877renumbered as section 718.50155, Florida Statutes, and amended,
878to read:
879     718.50155 498.057  Service of process.--
880     (1)  In addition to the methods of service provided for in
881the Florida Rules of Civil Procedure and the Florida Statutes,
882service may be made and by delivering a copy of the process to
883the director of the division, which shall be binding upon the
884defendant or respondent if:
885     (a)  The division plaintiff, which is acting as the
886petitioner or plaintiff may be the division, immediately sends a
887copy of the process and of the pleading by certified mail to the
888defendant or respondent at his or her last known address;, and
889     (b)  The division plaintiff files an affidavit of
890compliance with this section on or before the return date of the
891process or within the time set by the court.
892     (2)  If any person, including any nonresident of this
893state, allegedly engages in conduct prohibited by this chapter,
894or any rule or order of the division, and has not filed a
895consent to service of process, and personal jurisdiction over
896him or her cannot otherwise be obtained in this state, the
897director shall be authorized to receive service of process in
898any noncriminal proceeding against that person or his or her
899successor which grows out of the conduct and which is brought by
900the division under this chapter or any rule or order of the
901division. The process shall have the same force and validity as
902if personally served. Notice shall be given as provided in
903subsection (1).
904     Section 29.  Sections 498.001, 498.003, 498.005, 498.007,
905498.017, 498.021, 498.022, 498.023, 498.024, 498.025, 498.027,
906498.028, 498.029, 498.031, 498.033, 498.035, 498.037, 498.039,
907498.041, 498.047, 498.049, 498.051, 498.053, 498.059, 498.061,
908and 498.063, Florida Statutes, are repealed.
909     Section 30.  Section 509.512, Florida Statutes, is amended
910to read:
911     509.512  Timeshare plan developer and exchange company
912exemption.--Sections 509.501-509.511 do not apply to a developer
913of a timeshare plan or an exchange company approved by the
914Division of Florida Land Sales, Condominiums, Timeshares, and
915Mobile Homes pursuant to chapter 721, but only to the extent
916that the developer or exchange company engages in conduct
917regulated under chapter 721.
918     Section 31.  Subsection (2) of section 517.301, Florida
919Statutes, is amended to read:
920     517.301  Fraudulent transactions; falsification or
921concealment of facts.--
922     (2)  For purposes of ss. 517.311 and 517.312 and this
923section, the term "investment" means any commitment of money or
924property principally induced by a representation that an
925economic benefit may be derived from such commitment, except
926that the term "investment" does not include a commitment of
927money or property for:
928     (a)  The purchase of a business opportunity, business
929enterprise, or real property through a person licensed under
930chapter 475 or registered under former chapter 498; or
931     (b)  The purchase of tangible personal property through a
932person not engaged in telephone solicitation, where said
933property is offered and sold in accordance with the following
934conditions:
935     1.  There are no specific representations or guarantees
936made by the offeror or seller as to the economic benefit to be
937derived from the purchase;
938     2.  The tangible property is delivered to the purchaser
939within 30 days after sale, except that such 30-day period may be
940extended by the office if market conditions so warrant; and
941     3.  The seller has offered the purchaser a full refund
942policy in writing, exercisable by the purchaser within 10 days
943of the date of delivery of such tangible personal property,
944except that the amount of such refund may not in no event shall
945exceed the bid price in effect at the time the property is
946returned to the seller. If the applicable sellers' market is
947closed at the time the property is returned to the seller for a
948refund, the amount of such refund shall be based on the bid
949price for such property at the next opening of such market.
950     Section 32.  Subsection (4) of section 548.0065, Florida
951Statutes, is amended to read:
952     548.0065  Amateur matches; sanctioning and supervision;
953health and safety standards; compliance checks; continuation,
954suspension, and revocation of sanctioning approval.--
955     (4)  Any member of the commission or the executive director
956of the commission may suspend the approval of an amateur
957sanctioning organization for failure to supervise amateur
958matches or to enforce the approved health and safety standards
959required under this chapter, provided that the suspension
960complies with the procedures for summary suspensions in s.
961120.60(6). At any amateur boxing, or kickboxing, or mixed
962martial arts contest, any member of the commission or a
963representative of the commission may immediately suspend one or
964more matches in an event whenever it appears that the match or
965matches violate the health and safety standards established by
966rule as required by this chapter. A law enforcement officer may
967assist any member of the commission or a representative of the
968commission to enforce an order to stop a contest if called upon
969to do so by a member of the commission or a representative of
970the commission.
971     Section 33.  Subsections (2), (3), and (4) of section
972548.008, Florida Statutes, are amended to read:
973     548.008  Prohibited competitions.--
974     (2)  No amateur mixed martial arts match may be held in
975this state.
976     (2)(3)  No professional match may be held in this state
977unless it meets the requirements for holding the match as
978provided in this chapter and the rules adopted by the
979commission.
980     (3)(4)(a)  Any person participating in a match prohibited
981under this section, knowing the match to be prohibited, commits
982a misdemeanor of the second degree, punishable as provided in s.
983775.082 or s. 775.083.
984     (b)  Any person holding, promoting, or sponsoring a match
985prohibited under this section commits a felony of the third
986degree, punishable as provided in s. 775.082, s. 775.083, or s.
987775.084.
988     Section 34.  Subsection (1) of section 548.041, Florida
989Statutes, is amended to read:
990     548.041  Age, condition, and suspension of participants.--
991     (1)  A person may shall not be licensed as a participant,
992and the license of a any participant shall be suspended or
993revoked, if such person:
994     (a)  Is under the age of 18;
995     (b)  Has participated in a match in this state which was
996not sanctioned by the commission or by a Native American
997commission properly constituted under federal law; or
998     (c)  Does not meet certain health and medical examination
999conditions as required by rule of the commission;.
1000     (d)  Has not competed in a minimum number of amateur boxing
1001events as determined by commission rule prior to licensure; or
1002     (e)  Has not participated in a minimum number of amateur
1003mixed martial arts events as determined by commission rule prior
1004to licensure.
1005     Section 35.  Subsection (1) of section 559.935, Florida
1006Statutes, is amended to read:
1007     559.935  Exemptions.--
1008     (1)  This part does not apply to:
1009     (a)  A bona fide employee of a seller of travel who is
1010engaged solely in the business of her or his employer;
1011     (b)  Any direct common carrier of passengers or property
1012regulated by an agency of the Federal Government or employees of
1013such carrier when engaged solely in the transportation business
1014of the carrier as identified in the carrier's certificate;
1015     (c)  An intrastate common carrier of passengers or property
1016selling only transportation as defined in the applicable state
1017or local registration or certification, or employees of such
1018carrier when engaged solely in the transportation business of
1019the carrier;
1020     (d)  Hotels, motels, or other places of public
1021accommodation selling public accommodations, or employees of
1022such hotels, motels, or other places of public accommodation,
1023when engaged solely in making arrangements for lodging,
1024accommodations, or sightseeing tours within the state, or taking
1025reservations for the traveler with times, dates, locations, and
1026accommodations certain at the time the reservations are made,
1027provided that hotels and motels registered with the Department
1028of Business and Professional Regulation pursuant to chapter 509
1029are excluded from the provisions of this chapter;
1030     (e)  Persons involved solely in the rental, leasing, or
1031sale of residential property;
1032     (f)  Persons involved solely in the rental, leasing, or
1033sale of transportation vehicles;
1034     (g)  Persons who make travel arrangements for themselves;
1035for their employees or agents; for distributors, franchisees, or
1036dealers of the persons' products or services; for entities which
1037are financially related to the persons; or for the employees or
1038agents of the distributor, franchisee, or dealer or financially
1039related entity;
1040     (h)  A developer of a timeshare plan or an exchange company
1041approved by the Division of Florida Land Sales, Condominiums,
1042Timeshares, and Mobile Homes pursuant to chapter 721, but only
1043to the extent that the developer or exchange company engages in
1044conduct regulated under chapter 721; or
1045     (i)  Persons or entities engaged solely in offering diving
1046services, including classes and sales or rentals of equipment,
1047when engaged in making any prearranged travel-related or
1048tourist-related services in conjunction with a primarily dive-
1049related event.
1050     Section 36.  Subsection (17) of section 718.103, Florida
1051Statutes, is amended to read:
1052     718.103  Definitions.--As used in this chapter, the term:
1053     (17)  "Division" means the Division of Florida Land Sales,
1054Condominiums, Timeshares, and Mobile Homes of the Department of
1055Business and Professional Regulation.
1056     Section 37.  Paragraph (c) of subsection (4) of section
1057718.105, Florida Statutes, is amended to read:
1058     718.105  Recording of declaration.--
1059     (4)
1060     (c)  If the sum of money held by the clerk has not been
1061paid to the developer or association as provided in paragraph
1062(b) within by 3 years after the date the declaration was
1063originally recorded, the clerk in his or her discretion may
1064notify, in writing, the registered agent of the association that
1065the sum is still available and the purpose for which it was
1066deposited. If the association does not record the certificate
1067within 90 days after the clerk has given the notice, the clerk
1068may disburse the money to the developer. If the developer cannot
1069be located, the clerk shall disburse the money to the Division
1070of Florida Land Sales, Condominiums, Timeshares, and Mobile
1071Homes for deposit in the Division of Florida Land Sales,
1072Condominiums, Timeshares, and Mobile Homes Trust Fund.
1073     Section 38.  Subsection (4) of section 718.1255, Florida
1074Statutes, is amended to read:
1075     718.1255  Alternative dispute resolution; voluntary
1076mediation; mandatory nonbinding arbitration; legislative
1077findings.--
1078     (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1079DISPUTES.--The Division of Florida Land Sales, Condominiums,
1080Timeshares, and Mobile Homes of the Department of Business and
1081Professional Regulation shall employ full-time attorneys to act
1082as arbitrators to conduct the arbitration hearings provided by
1083this chapter. The division may also certify attorneys who are
1084not employed by the division to act as arbitrators to conduct
1085the arbitration hearings provided by this section. No person may
1086be employed by the department as a full-time arbitrator unless
1087he or she is a member in good standing of The Florida Bar. The
1088department shall adopt promulgate rules of procedure to govern
1089such arbitration hearings including mediation incident thereto.
1090The decision of an arbitrator shall be final; however, such a
1091decision shall not be deemed final agency action. Nothing in
1092this provision shall be construed to foreclose parties from
1093proceeding in a trial de novo unless the parties have agreed
1094that the arbitration is binding. If such judicial proceedings
1095are initiated, the final decision of the arbitrator shall be
1096admissible in evidence in the trial de novo.
1097     (a)  Prior to the institution of court litigation, a party
1098to a dispute shall petition the division for nonbinding
1099arbitration. The petition must be accompanied by a filing fee in
1100the amount of $50. Filing fees collected under this section must
1101be used to defray the expenses of the alternative dispute
1102resolution program.
1103     (b)  The petition must recite, and have attached thereto,
1104supporting proof that the petitioner gave the respondents:
1105     1.  Advance written notice of the specific nature of the
1106dispute;
1107     2.  A demand for relief, and a reasonable opportunity to
1108comply or to provide the relief; and
1109     3.  Notice of the intention to file an arbitration petition
1110or other legal action in the absence of a resolution of the
1111dispute.
1112
1113Failure to include the allegations or proof of compliance with
1114these prerequisites requires dismissal of the petition without
1115prejudice.
1116     (c)  Upon receipt, the petition shall be promptly reviewed
1117by the division to determine the existence of a dispute and
1118compliance with the requirements of paragraphs (a) and (b). If
1119emergency relief is required and is not available through
1120arbitration, a motion to stay the arbitration may be filed. The
1121motion must be accompanied by a verified petition alleging facts
1122that, if proven, would support entry of a temporary injunction,
1123and if an appropriate motion and supporting papers are filed,
1124the division may abate the arbitration pending a court hearing
1125and disposition of a motion for temporary injunction.
1126     (d)  Upon determination by the division that a dispute
1127exists and that the petition substantially meets the
1128requirements of paragraphs (a) and (b) and any other applicable
1129rules, a copy of the petition shall forthwith be served by the
1130division upon all respondents.
1131     (e)  Either Before or after the filing of the respondents'
1132answer to the petition, any party may request that the
1133arbitrator refer the case to mediation under this section and
1134any rules adopted by the division. Upon receipt of a request for
1135mediation, the division shall promptly contact the parties to
1136determine if there is agreement that mediation would be
1137appropriate. If all parties agree, the dispute must be referred
1138to mediation. Notwithstanding a lack of an agreement by all
1139parties, the arbitrator may refer a dispute to mediation at any
1140time.
1141     (f)  Upon referral of a case to mediation, the parties must
1142select a mutually acceptable mediator. To assist in the
1143selection, the arbitrator shall provide the parties with a list
1144of both volunteer and paid mediators that have been certified by
1145the division under s. 718.501. If the parties are unable to
1146agree on a mediator within the time allowed by the arbitrator,
1147the arbitrator shall appoint a mediator from the list of
1148certified mediators. If a case is referred to mediation, the
1149parties shall attend a mediation conference, as scheduled by the
1150parties and the mediator. If any party fails to attend a duly
1151noticed mediation conference, without the permission or approval
1152of the arbitrator or mediator, the arbitrator must impose
1153sanctions against the party, including the striking of any
1154pleadings filed, the entry of an order of dismissal or default
1155if appropriate, and the award of costs and attorneys' fees
1156incurred by the other parties. Unless otherwise agreed to by the
1157parties or as provided by order of the arbitrator, a party is
1158deemed to have appeared at a mediation conference by the
1159physical presence of the party or its representative having full
1160authority to settle without further consultation, provided that
1161an association may comply by having one or more representatives
1162present with full authority to negotiate a settlement and
1163recommend that the board of administration ratify and approve
1164such a settlement within 5 days from the date of the mediation
1165conference. The parties shall share equally the expense of
1166mediation, unless they agree otherwise.
1167     (g)  The purpose of mediation as provided for by this
1168section is to present the parties with an opportunity to resolve
1169the underlying dispute in good faith, and with a minimum
1170expenditure of time and resources.
1171     (h)  Mediation proceedings must generally be conducted in
1172accordance with the Florida Rules of Civil Procedure, and these
1173proceedings are privileged and confidential to the same extent
1174as court-ordered mediation. Persons who are not parties to the
1175dispute are not allowed to attend the mediation conference
1176without the consent of all parties, with the exception of
1177counsel for the parties and corporate representatives designated
1178to appear for a party. If the mediator declares an impasse after
1179a mediation conference has been held, the arbitration proceeding
1180terminates, unless all parties agree in writing to continue the
1181arbitration proceeding, in which case the arbitrator's decision
1182shall be either binding or nonbinding, as agreed upon by the
1183parties; in the arbitration proceeding, the arbitrator shall not
1184consider any evidence relating to the unsuccessful mediation
1185except in a proceeding to impose sanctions for failure to appear
1186at the mediation conference. If the parties do not agree to
1187continue arbitration, the arbitrator shall enter an order of
1188dismissal, and either party may institute a suit in a court of
1189competent jurisdiction. The parties may seek to recover any
1190costs and attorneys' fees incurred in connection with
1191arbitration and mediation proceedings under this section as part
1192of the costs and fees that may be recovered by the prevailing
1193party in any subsequent litigation.
1194     (i)  Arbitration shall be conducted according to rules
1195adopted promulgated by the division. The filing of a petition
1196for arbitration shall toll the applicable statute of
1197limitations.
1198     (j)  At the request of any party to the arbitration, the
1199such arbitrator shall issue subpoenas for the attendance of
1200witnesses and the production of books, records, documents, and
1201other evidence and any party on whose behalf a subpoena is
1202issued may apply to the court for orders compelling such
1203attendance and production. Subpoenas shall be served and shall
1204be enforceable in the manner provided by the Florida Rules of
1205Civil Procedure. Discovery may, in the discretion of the
1206arbitrator, be permitted in the manner provided by the Florida
1207Rules of Civil Procedure. Rules adopted by the division may
1208authorize any reasonable sanctions except contempt for a
1209violation of the arbitration procedural rules of the division or
1210for the failure of a party to comply with a reasonable nonfinal
1211order issued by an arbitrator which is not under judicial
1212review.
1213     (k)  The arbitration decision shall be presented to the
1214parties in writing. An arbitration decision is final in those
1215disputes in which the parties have agreed to be bound. An
1216arbitration decision is also final if a complaint for a trial de
1217novo is not filed in a court of competent jurisdiction in which
1218the condominium is located within 30 days. The right to file for
1219a trial de novo entitles the parties to file a complaint in the
1220appropriate trial court for a judicial resolution of the
1221dispute. The prevailing party in an arbitration proceeding shall
1222be awarded the costs of the arbitration and reasonable
1223attorney's fees in an amount determined by the arbitrator. Such
1224an award shall include the costs and reasonable attorney's fees
1225incurred in the arbitration proceeding as well as the costs and
1226reasonable attorney's fees incurred in preparing for and
1227attending any scheduled mediation.
1228     (l)  The party who files a complaint for a trial de novo
1229shall be assessed the other party's arbitration costs, court
1230costs, and other reasonable costs, including attorney's fees,
1231investigation expenses, and expenses for expert or other
1232testimony or evidence incurred after the arbitration hearing if
1233the judgment upon the trial de novo is not more favorable than
1234the arbitration decision. If the judgment is more favorable, the
1235party who filed a complaint for trial de novo shall be awarded
1236reasonable court costs and attorney's fees.
1237     (m)  Any party to an arbitration proceeding may enforce an
1238arbitration award by filing a petition in a court of competent
1239jurisdiction in which the condominium is located. A petition may
1240not be granted unless the time for appeal by the filing of a
1241complaint for trial de novo has expired. If a complaint for a
1242trial de novo has been filed, a petition may not be granted with
1243respect to an arbitration award that has been stayed. If the
1244petition for enforcement is granted, the petitioner shall
1245recover reasonable attorney's fees and costs incurred in
1246enforcing the arbitration award. A mediation settlement may also
1247be enforced through the county or circuit court, as applicable,
1248and any costs and fees incurred in the enforcement of a
1249settlement agreement reached at mediation must be awarded to the
1250prevailing party in any enforcement action.
1251     Section 39.  Section 718.501, Florida Statutes, is amended
1252to read:
1253     718.501  Powers and duties of Division of Florida Land
1254Sales, Condominiums, Timeshares, and Mobile Homes.--
1255     (1)  The Division of Florida Land Sales, Condominiums,
1256Timeshares, and Mobile Homes of the Department of Business and
1257Professional Regulation, referred to as the "division" in this
1258part, in addition to other powers and duties prescribed by
1259chapter 498, has the power to enforce and ensure compliance with
1260the provisions of this chapter and rules promulgated pursuant
1261hereto relating to the development, construction, sale, lease,
1262ownership, operation, and management of residential condominium
1263units. In performing its duties, the division has the following
1264powers and duties:
1265     (a)1.  The division may make necessary public or private
1266investigations within or outside this state to determine whether
1267any person has violated this chapter or any rule or order
1268hereunder, to aid in the enforcement of this chapter, or to aid
1269in the adoption of rules or forms hereunder.
1270     2.  The division may submit any official written report,
1271worksheet, or other related paper, or a duly certified copy
1272thereof, compiled, prepared, drafted, or otherwise made by and
1273duly authenticated by a financial examiner or analyst to be
1274admitted as competent evidence in any hearing in which the
1275financial examiner or analyst is available for cross-examination
1276and attests under oath that such documents were prepared as a
1277result of an examination or inspection conducted pursuant to
1278this chapter.
1279     (b)  The division may require or permit any person to file
1280a statement in writing, under oath or otherwise, as the division
1281determines, as to the facts and circumstances concerning a
1282matter to be investigated.
1283     (c)  For the purpose of any investigation under this
1284chapter, the division director or any officer or employee
1285designated by the division director may administer oaths or
1286affirmations, subpoena witnesses and compel their attendance,
1287take evidence, and require the production of any matter which is
1288relevant to the investigation, including the existence,
1289description, nature, custody, condition, and location of any
1290books, documents, or other tangible things and the identity and
1291location of persons having knowledge of relevant facts or any
1292other matter reasonably calculated to lead to the discovery of
1293material evidence. Upon the failure by a person to obey a
1294subpoena or to answer questions propounded by the investigating
1295officer and upon reasonable notice to all persons affected
1296thereby, the division may apply to the circuit court for an
1297order compelling compliance.
1298     (d)  Notwithstanding any remedies available to unit owners
1299and associations, if the division has reasonable cause to
1300believe that a violation of any provision of this chapter or
1301related rule promulgated pursuant hereto has occurred, the
1302division may institute enforcement proceedings in its own name
1303against any developer, association, officer, or member of the
1304board of administration, or its assignees or agents, as follows:
1305     1.  The division may permit a person whose conduct or
1306actions may be under investigation to waive formal proceedings
1307and enter into a consent proceeding whereby orders, rules, or
1308letters of censure or warning, whether formal or informal, may
1309be entered against the person.
1310     2.  The division may issue an order requiring the
1311developer, association, officer, or member of the board of
1312administration, or its assignees or agents, to cease and desist
1313from the unlawful practice and take such affirmative action as
1314in the judgment of the division will carry out the purposes of
1315this chapter. Such affirmative action may include, but is not
1316limited to, an order requiring a developer to pay moneys
1317determined to be owed to a condominium association. If the
1318division finds that a developer, association, officer, or member
1319of the board of administration, or its assignees or agents, is
1320violating or is about to violate any provision of this chapter,
1321any rule adopted or order issued by the division, or any written
1322agreement entered into with the division, and presents an
1323immediate danger to the public requiring an immediate final
1324order, it may issue an emergency cease and desist order reciting
1325with particularity the facts underlying such findings. The
1326emergency cease and desist order is effective for 90 days. If
1327the division begins nonemergency cease and desist proceedings,
1328the emergency cease and desist order remains effective until the
1329conclusion of the proceedings under ss. 120.569 and 120.57.
1330     3.  The division may bring an action in circuit court on
1331behalf of a class of unit owners, lessees, or purchasers for
1332declaratory relief, injunctive relief, or restitution.
1333     4.  The division may petition the court for the appointment
1334of a receiver or conservator. If appointed, the receiver or
1335conservator may take action to implement the court order to
1336ensure the performance of the order and to remedy any breach
1337thereof. In addition to all other means provided by law for the
1338enforcement of an injunction or temporary restraining order, the
1339circuit court may impound or sequester the property of a party
1340defendant, including books, papers, documents, and related
1341records, and allow the examination and use of the property by
1342the division and a court-appointed receiver or conservator.
1343     5.  The division may apply to the circuit court for an
1344order of restitution whereby the defendant in an action brought
1345pursuant to subparagraph 4. shall be ordered to make restitution
1346of those sums shown by the division to have been obtained by the
1347defendant in violation of this chapter. Such restitution shall,
1348at the option of the court, be payable to the conservator or
1349receiver appointed pursuant to subparagraph 4. or directly to
1350the persons whose funds or assets were obtained in violation of
1351this chapter.
1352     6.4.  The division may impose a civil penalty against a
1353developer or association, or its assignee or agent, for any
1354violation of this chapter or a rule adopted under this chapter
1355promulgated pursuant hereto. The division may impose a civil
1356penalty individually against any officer or board member who
1357willfully and knowingly violates a provision of this chapter,
1358adopted a rule adopted pursuant hereto, or a final order of the
1359division. The term "willfully and knowingly" means that the
1360division informed the officer or board member that his or her
1361action or intended action violates this chapter, a rule adopted
1362under this chapter, or a final order of the division and that
1363the officer or board member refused to comply with the
1364requirements of this chapter, a rule adopted under this chapter,
1365or a final order of the division. The division, prior to
1366initiating formal agency action under chapter 120, shall afford
1367the officer or board member an opportunity to voluntarily comply
1368with this chapter, a rule adopted under this chapter, or a final
1369order of the division. An officer or board member who complies
1370within 10 days is not subject to a civil penalty. A penalty may
1371be imposed on the basis of each day of continuing violation, but
1372in no event shall the penalty for any offense exceed $5,000. By
1373January 1, 1998, the division shall adopt, by rule, penalty
1374guidelines applicable to possible violations or to categories of
1375violations of this chapter or rules adopted by the division. The
1376guidelines must specify a meaningful range of civil penalties
1377for each such violation of the statute and rules and must be
1378based upon the harm caused by the violation, the repetition of
1379the violation, and upon such other factors deemed relevant by
1380the division. For example, the division may consider whether the
1381violations were committed by a developer or owner-controlled
1382association, the size of the association, and other factors. The
1383guidelines must designate the possible mitigating or aggravating
1384circumstances that justify a departure from the range of
1385penalties provided by the rules. It is the legislative intent
1386that minor violations be distinguished from those which endanger
1387the health, safety, or welfare of the condominium residents or
1388other persons and that such guidelines provide reasonable and
1389meaningful notice to the public of likely penalties that may be
1390imposed for proscribed conduct. This subsection does not limit
1391the ability of the division to informally dispose of
1392administrative actions or complaints by stipulation, agreed
1393settlement, or consent order. All amounts collected shall be
1394deposited with the Chief Financial Officer to the credit of the
1395Division of Florida Land Sales, Condominiums, Timeshares, and
1396Mobile Homes Trust Fund. If a developer fails to pay the civil
1397penalty, the division shall thereupon issue an order directing
1398that such developer cease and desist from further operation
1399until such time as the civil penalty is paid or may pursue
1400enforcement of the penalty in a court of competent jurisdiction.
1401If an association fails to pay the civil penalty, the division
1402shall thereupon pursue enforcement in a court of competent
1403jurisdiction, and the order imposing the civil penalty or the
1404cease and desist order will not become effective until 20 days
1405after the date of such order. Any action commenced by the
1406division shall be brought in the county in which the division
1407has its executive offices or in the county where the violation
1408occurred.
1409     7.  In addition to subparagraph 6., the division may seek
1410the imposition of a civil penalty through the circuit court for
1411any violation for which the division may issue a notice to show
1412cause under paragraph (q). The civil penalty shall be at least
1413$500 but no more than $5,000 for each violation. The court may
1414also award to the prevailing party court costs and reasonable
1415attorney's fees and, if the division prevails, may also award
1416reasonable costs of investigation.
1417     (e)  The division may is authorized to prepare and
1418disseminate a prospectus and other information to assist
1419prospective owners, purchasers, lessees, and developers of
1420residential condominiums in assessing the rights, privileges,
1421and duties pertaining thereto.
1422     (f)  The division has authority to adopt rules pursuant to
1423ss. 120.536(1) and 120.54 to implement and enforce the
1424provisions of this chapter.
1425     (g)  The division shall establish procedures for providing
1426notice to an association when the division is considering the
1427issuance of a declaratory statement with respect to the
1428declaration of condominium or any related document governing in
1429such condominium community.
1430     (h)  The division shall furnish each association which pays
1431the fees required by paragraph (2)(a) a copy of this act,
1432subsequent changes to this act on an annual basis, an amended
1433version of this act as it becomes available from the Secretary
1434of State's office on a biennial basis, and the rules adopted
1435promulgated pursuant thereto on an annual basis.
1436     (i)  The division shall annually provide each association
1437with a summary of declaratory statements and formal legal
1438opinions relating to the operations of condominiums which were
1439rendered by the division during the previous year.
1440     (j)  The division shall provide training programs for
1441condominium association board members and unit owners.
1442     (k)  The division shall maintain a toll-free telephone
1443number accessible to condominium unit owners.
1444     (l)  The division shall develop a program to certify both
1445volunteer and paid mediators to provide mediation of condominium
1446disputes. The division shall provide, upon request, a list of
1447such mediators to any association, unit owner, or other
1448participant in arbitration proceedings under s. 718.1255
1449requesting a copy of the list. The division shall include on the
1450list of volunteer mediators only the names of persons who have
1451received at least 20 hours of training in mediation techniques
1452or who have mediated at least 20 disputes. In order to become
1453initially certified by the division, paid mediators must be
1454certified by the Supreme Court to mediate court cases in either
1455county or circuit courts. However, the division may adopt, by
1456rule, additional factors for the certification of paid
1457mediators, which factors must be related to experience,
1458education, or background. Any person initially certified as a
1459paid mediator by the division must, in order to continue to be
1460certified, comply with the factors or requirements imposed by
1461rules adopted by the division.
1462     (m)  When a complaint is made, the division shall conduct
1463its inquiry with due regard to the interests of the affected
1464parties. Within 30 days after receipt of a complaint, the
1465division shall acknowledge the complaint in writing and notify
1466the complainant whether the complaint is within the jurisdiction
1467of the division and whether additional information is needed by
1468the division from the complainant. The division shall conduct
1469its investigation and shall, within 90 days after receipt of the
1470original complaint or of timely requested additional
1471information, take action upon the complaint. However, the
1472failure to complete the investigation within 90 days does not
1473prevent the division from continuing the investigation,
1474accepting or considering evidence obtained or received after 90
1475days, or taking administrative action if reasonable cause exists
1476to believe that a violation of this chapter or a rule of the
1477division has occurred. If an investigation is not completed
1478within the time limits established in this paragraph, the
1479division shall, on a monthly basis, notify the complainant in
1480writing of the status of the investigation. When reporting its
1481action to the complainant, the division shall inform the
1482complainant of any right to a hearing pursuant to ss. 120.569
1483and 120.57.
1484     (n)  The division may:
1485     1.  Contract with agencies in this state or other
1486jurisdictions to perform investigative functions; or
1487     2.  Accept grants-in-aid from any source.
1488     (o)  The division shall cooperate with similar agencies in
1489other jurisdictions to establish uniform filing procedures and
1490forms, public offering statements, advertising standards, and
1491rules and common administrative practices.
1492     (p)  The division shall consider notice to a developer to
1493be complete when it is delivered to the developer's address
1494currently on file with the division.
1495     (q)  In addition to its enforcement authority, the division
1496may issue a notice to show cause, which shall provide for a
1497hearing, upon written request, in accordance with chapter 120.
1498     (2)(a)  Effective January 1, 1992, Each condominium
1499association which operates more than two units shall pay to the
1500division an annual fee in the amount of $4 for each residential
1501unit in condominiums operated by the association. If the fee is
1502not paid by March 1, then the association shall be assessed a
1503penalty of 10 percent of the amount due, and the association
1504will not have standing to maintain or defend any action in the
1505courts of this state until the amount due, plus any penalty, is
1506paid.
1507     (b)  All fees shall be deposited in the Division of Florida
1508Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
1509Fund as provided by law.
1510     Section 40.  Subsection (1) of section 718.5011, Florida
1511Statutes, is amended to read:
1512     718.5011  Ombudsman; appointment; administration.--
1513     (1)  There is created an Office of the Condominium
1514Ombudsman, to be located for administrative purposes within the
1515Division of Florida Land Sales, Condominiums, Timeshares, and
1516Mobile Homes. The functions of the office shall be funded by the
1517Division of Florida Land Sales, Condominiums, Timeshares, and
1518Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
1519of the division, and the office shall be set within the division
1520in the same manner as any other bureau is staffed and funded.
1521     Section 41.  Paragraph (a) of subsection (2) of section
1522718.502, Florida Statutes, is amended to read:
1523     718.502  Filing prior to sale or lease.--
1524     (2)(a)  Prior to filing as required by subsection (1), and
1525prior to acquiring an ownership, leasehold, or contractual
1526interest in the land upon which the condominium is to be
1527developed, a developer shall not offer a contract for purchase
1528of a unit or lease of a unit for more than 5 years. However, the
1529developer may accept deposits for reservations upon the approval
1530of a fully executed escrow agreement and reservation agreement
1531form properly filed with the Division of Florida Land Sales,
1532Condominiums, Timeshares, and Mobile Homes. Each filing of a
1533proposed reservation program shall be accompanied by a filing
1534fee of $250. Reservations shall not be taken on a proposed
1535condominium unless the developer has an ownership, leasehold, or
1536contractual interest in the land upon which the condominium is
1537to be developed. The division shall notify the developer within
153820 days of receipt of the reservation filing of any deficiencies
1539contained therein. Such notification shall not preclude the
1540determination of reservation filing deficiencies at a later
1541date, nor shall it relieve the developer of any responsibility
1542under the law. The escrow agreement and the reservation
1543agreement form shall include a statement of the right of the
1544prospective purchaser to an immediate unqualified refund of the
1545reservation deposit moneys upon written request to the escrow
1546agent by the prospective purchaser or the developer.
1547     Section 42.  Section 718.504, Florida Statutes, is amended
1548to read:
1549     718.504  Prospectus or offering circular.--Every developer
1550of a residential condominium which contains more than 20
1551residential units, or which is part of a group of residential
1552condominiums which will be served by property to be used in
1553common by unit owners of more than 20 residential units, shall
1554prepare a prospectus or offering circular and file it with the
1555Division of Florida Land Sales, Condominiums, Timeshares, and
1556Mobile Homes prior to entering into an enforceable contract of
1557purchase and sale of any unit or lease of a unit for more than 5
1558years and shall furnish a copy of the prospectus or offering
1559circular to each buyer. In addition to the prospectus or
1560offering circular, each buyer shall be furnished a separate page
1561entitled "Frequently Asked Questions and Answers," which shall
1562be in accordance with a format approved by the division and a
1563copy of the financial information required by s. 718.111. This
1564page shall, in readable language, inform prospective purchasers
1565regarding their voting rights and unit use restrictions,
1566including restrictions on the leasing of a unit; shall indicate
1567whether and in what amount the unit owners or the association is
1568obligated to pay rent or land use fees for recreational or other
1569commonly used facilities; shall contain a statement identifying
1570that amount of assessment which, pursuant to the budget, would
1571be levied upon each unit type, exclusive of any special
1572assessments, and which shall further identify the basis upon
1573which assessments are levied, whether monthly, quarterly, or
1574otherwise; shall state and identify any court cases in which the
1575association is currently a party of record in which the
1576association may face liability in excess of $100,000; and which
1577shall further state whether membership in a recreational
1578facilities association is mandatory, and if so, shall identify
1579the fees currently charged per unit type. The division shall by
1580rule require such other disclosure as in its judgment will
1581assist prospective purchasers. The prospectus or offering
1582circular may include more than one condominium, although not all
1583such units are being offered for sale as of the date of the
1584prospectus or offering circular. The prospectus or offering
1585circular must contain the following information:
1586     (1)  The front cover or the first page must contain only:
1587     (a)  The name of the condominium.
1588     (b)  The following statements in conspicuous type:
1589     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
1590MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
1591     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
1592NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
1593ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
1594MATERIALS.
1595     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
1596STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
1597PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
1598REPRESENTATIONS.
1599     (2)  Summary: The next page must contain all statements
1600required to be in conspicuous type in the prospectus or offering
1601circular.
1602     (3)  A separate index of the contents and exhibits of the
1603prospectus.
1604     (4)  Beginning on the first page of the text (not including
1605the summary and index), a description of the condominium,
1606including, but not limited to, the following information:
1607     (a)  Its name and location.
1608     (b)  A description of the condominium property, including,
1609without limitation:
1610     1.  The number of buildings, the number of units in each
1611building, the number of bathrooms and bedrooms in each unit, and
1612the total number of units, if the condominium is not a phase
1613condominium, or the maximum number of buildings that may be
1614contained within the condominium, the minimum and maximum
1615numbers of units in each building, the minimum and maximum
1616numbers of bathrooms and bedrooms that may be contained in each
1617unit, and the maximum number of units that may be contained
1618within the condominium, if the condominium is a phase
1619condominium.
1620     2.  The page in the condominium documents where a copy of
1621the plot plan and survey of the condominium is located.
1622     3.  The estimated latest date of completion of
1623constructing, finishing, and equipping. In lieu of a date, the
1624description shall include a statement that the estimated date of
1625completion of the condominium is in the purchase agreement and a
1626reference to the article or paragraph containing that
1627information.
1628     (c)  The maximum number of units that will use facilities
1629in common with the condominium. If the maximum number of units
1630will vary, a description of the basis for variation and the
1631minimum amount of dollars per unit to be spent for additional
1632recreational facilities or enlargement of such facilities. If
1633the addition or enlargement of facilities will result in a
1634material increase of a unit owner's maintenance expense or
1635rental expense, if any, the maximum increase and limitations
1636thereon shall be stated.
1637     (5)(a)  A statement in conspicuous type describing whether
1638the condominium is created and being sold as fee simple
1639interests or as leasehold interests. If the condominium is
1640created or being sold on a leasehold, the location of the lease
1641in the disclosure materials shall be stated.
1642     (b)  If timeshare estates are or may be created with
1643respect to any unit in the condominium, a statement in
1644conspicuous type stating that timeshare estates are created and
1645being sold in units in the condominium.
1646     (6)  A description of the recreational and other commonly
1647used facilities that will be used only by unit owners of the
1648condominium, including, but not limited to, the following:
1649     (a)  Each room and its intended purposes, location,
1650approximate floor area, and capacity in numbers of people.
1651     (b)  Each swimming pool, as to its general location,
1652approximate size and depths, approximate deck size and capacity,
1653and whether heated.
1654     (c)  Additional facilities, as to the number of each
1655facility, its approximate location, approximate size, and
1656approximate capacity.
1657     (d)  A general description of the items of personal
1658property and the approximate number of each item of personal
1659property that the developer is committing to furnish for each
1660room or other facility or, in the alternative, a representation
1661as to the minimum amount of expenditure that will be made to
1662purchase the personal property for the facility.
1663     (e)  The estimated date when each room or other facility
1664will be available for use by the unit owners.
1665     (f)1.  An identification of each room or other facility to
1666be used by unit owners that will not be owned by the unit owners
1667or the association;
1668     2.  A reference to the location in the disclosure materials
1669of the lease or other agreements providing for the use of those
1670facilities; and
1671     3.  A description of the terms of the lease or other
1672agreements, including the length of the term; the rent payable,
1673directly or indirectly, by each unit owner, and the total rent
1674payable to the lessor, stated in monthly and annual amounts for
1675the entire term of the lease; and a description of any option to
1676purchase the property leased under any such lease, including the
1677time the option may be exercised, the purchase price or how it
1678is to be determined, the manner of payment, and whether the
1679option may be exercised for a unit owner's share or only as to
1680the entire leased property.
1681     (g)  A statement as to whether the developer may provide
1682additional facilities not described above; their general
1683locations and types; improvements or changes that may be made;
1684the approximate dollar amount to be expended; and the maximum
1685additional common expense or cost to the individual unit owners
1686that may be charged during the first annual period of operation
1687of the modified or added facilities.
1688
1689Descriptions as to locations, areas, capacities, numbers,
1690volumes, or sizes may be stated as approximations or minimums.
1691     (7)  A description of the recreational and other facilities
1692that will be used in common with other condominiums, community
1693associations, or planned developments which require the payment
1694of the maintenance and expenses of such facilities, either
1695directly or indirectly, by the unit owners. The description
1696shall include, but not be limited to, the following:
1697     (a)  Each building and facility committed to be built.
1698     (b)  Facilities not committed to be built except under
1699certain conditions, and a statement of those conditions or
1700contingencies.
1701     (c)  As to each facility committed to be built, or which
1702will be committed to be built upon the happening of one of the
1703conditions in paragraph (b), a statement of whether it will be
1704owned by the unit owners having the use thereof or by an
1705association or other entity which will be controlled by them, or
1706others, and the location in the exhibits of the lease or other
1707document providing for use of those facilities.
1708     (d)  The year in which each facility will be available for
1709use by the unit owners or, in the alternative, the maximum
1710number of unit owners in the project at the time each of all of
1711the facilities is committed to be completed.
1712     (e)  A general description of the items of personal
1713property, and the approximate number of each item of personal
1714property, that the developer is committing to furnish for each
1715room or other facility or, in the alternative, a representation
1716as to the minimum amount of expenditure that will be made to
1717purchase the personal property for the facility.
1718     (f)  If there are leases, a description thereof, including
1719the length of the term, the rent payable, and a description of
1720any option to purchase.
1721
1722Descriptions shall include location, areas, capacities, numbers,
1723volumes, or sizes and may be stated as approximations or
1724minimums.
1725     (8)  Recreation lease or associated club membership:
1726     (a)  If any recreational facilities or other facilities
1727offered by the developer and available to, or to be used by,
1728unit owners are to be leased or have club membership associated,
1729the following statement in conspicuous type shall be included:
1730THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
1731CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
1732CONDOMINIUM. There shall be a reference to the location in the
1733disclosure materials where the recreation lease or club
1734membership is described in detail.
1735     (b)  If it is mandatory that unit owners pay a fee, rent,
1736dues, or other charges under a recreational facilities lease or
1737club membership for the use of facilities, there shall be in
1738conspicuous type the applicable statement:
1739     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
1740MANDATORY FOR UNIT OWNERS; or
1741     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
1742TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
1743     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
1744COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
1745REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
1746LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
1747     4.  A similar statement of the nature of the organization
1748or the manner in which the use rights are created, and that unit
1749owners are required to pay.
1750
1751Immediately following the applicable statement, the location in
1752the disclosure materials where the development is described in
1753detail shall be stated.
1754     (c)  If the developer, or any other person other than the
1755unit owners and other persons having use rights in the
1756facilities, reserves, or is entitled to receive, any rent, fee,
1757or other payment for the use of the facilities, then there shall
1758be the following statement in conspicuous type: THE UNIT OWNERS
1759OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
1760RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
1761following this statement, the location in the disclosure
1762materials where the rent or land use fees are described in
1763detail shall be stated.
1764     (d)  If, in any recreation format, whether leasehold, club,
1765or other, any person other than the association has the right to
1766a lien on the units to secure the payment of assessments, rent,
1767or other exactions, there shall appear a statement in
1768conspicuous type in substantially the following form:
1769     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
1770SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
1771RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
1772PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
1773     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
1774SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
1775FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
1776OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
1777THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
1778
1779Immediately following the applicable statement, the location in
1780the disclosure materials where the lien or lien right is
1781described in detail shall be stated.
1782     (9)  If the developer or any other person has the right to
1783increase or add to the recreational facilities at any time after
1784the establishment of the condominium whose unit owners have use
1785rights therein, without the consent of the unit owners or
1786associations being required, there shall appear a statement in
1787conspicuous type in substantially the following form:
1788RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
1789OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
1790statement, the location in the disclosure materials where such
1791reserved rights are described shall be stated.
1792     (10)  A statement of whether the developer's plan includes
1793a program of leasing units rather than selling them, or leasing
1794units and selling them subject to such leases. If so, there
1795shall be a description of the plan, including the number and
1796identification of the units and the provisions and term of the
1797proposed leases, and a statement in boldfaced type that: THE
1798UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
1799     (11)  The arrangements for management of the association
1800and maintenance and operation of the condominium property and of
1801other property that will serve the unit owners of the
1802condominium property, and a description of the management
1803contract and all other contracts for these purposes having a
1804term in excess of 1 year, including the following:
1805     (a)  The names of contracting parties.
1806     (b)  The term of the contract.
1807     (c)  The nature of the services included.
1808     (d)  The compensation, stated on a monthly and annual
1809basis, and provisions for increases in the compensation.
1810     (e)  A reference to the volumes and pages of the
1811condominium documents and of the exhibits containing copies of
1812such contracts.
1813
1814Copies of all described contracts shall be attached as exhibits.
1815If there is a contract for the management of the condominium
1816property, then a statement in conspicuous type in substantially
1817the following form shall appear, identifying the proposed or
1818existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
1819THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
1820CONTRACT MANAGER). Immediately following this statement, the
1821location in the disclosure materials of the contract for
1822management of the condominium property shall be stated.
1823     (12)  If the developer or any other person or persons other
1824than the unit owners has the right to retain control of the
1825board of administration of the association for a period of time
1826which can exceed 1 year after the closing of the sale of a
1827majority of the units in that condominium to persons other than
1828successors or alternate developers, then a statement in
1829conspicuous type in substantially the following form shall be
1830included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
1831RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
1832HAVE BEEN SOLD. Immediately following this statement, the
1833location in the disclosure materials where this right to control
1834is described in detail shall be stated.
1835     (13)  If there are any restrictions upon the sale,
1836transfer, conveyance, or leasing of a unit, then a statement in
1837conspicuous type in substantially the following form shall be
1838included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
1839CONTROLLED. Immediately following this statement, the location
1840in the disclosure materials where the restriction, limitation,
1841or control on the sale, lease, or transfer of units is described
1842in detail shall be stated.
1843     (14)  If the condominium is part of a phase project, the
1844following information shall be stated:
1845     (a)  A statement in conspicuous type in substantially the
1846following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
1847UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
1848this statement, the location in the disclosure materials where
1849the phasing is described shall be stated.
1850     (b)  A summary of the provisions of the declaration which
1851provide for the phasing.
1852     (c)  A statement as to whether or not residential buildings
1853and units which are added to the condominium may be
1854substantially different from the residential buildings and units
1855originally in the condominium. If the added residential
1856buildings and units may be substantially different, there shall
1857be a general description of the extent to which such added
1858residential buildings and units may differ, and a statement in
1859conspicuous type in substantially the following form shall be
1860included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
1861MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
1862UNITS IN THE CONDOMINIUM. Immediately following this statement,
1863the location in the disclosure materials where the extent to
1864which added residential buildings and units may substantially
1865differ is described shall be stated.
1866     (d)  A statement of the maximum number of buildings
1867containing units, the maximum and minimum numbers of units in
1868each building, the maximum number of units, and the minimum and
1869maximum square footage of the units that may be contained within
1870each parcel of land which may be added to the condominium.
1871     (15)  If a condominium created on or after July 1, 2000, is
1872or may become part of a multicondominium, the following
1873information must be provided:
1874     (a)  A statement in conspicuous type in substantially the
1875following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
1876MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
1877(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
1878this statement, the location in the prospectus or offering
1879circular and its exhibits where the multicondominium aspects of
1880the offering are described must be stated.
1881     (b)  A summary of the provisions in the declaration,
1882articles of incorporation, and bylaws which establish and
1883provide for the operation of the multicondominium, including a
1884statement as to whether unit owners in the condominium will have
1885the right to use recreational or other facilities located or
1886planned to be located in other condominiums operated by the same
1887association, and the manner of sharing the common expenses
1888related to such facilities.
1889     (c)  A statement of the minimum and maximum number of
1890condominiums, and the minimum and maximum number of units in
1891each of those condominiums, which will or may be operated by the
1892association, and the latest date by which the exact number will
1893be finally determined.
1894     (d)  A statement as to whether any of the condominiums in
1895the multicondominium may include units intended to be used for
1896nonresidential purposes and the purpose or purposes permitted
1897for such use.
1898     (e)  A general description of the location and approximate
1899acreage of any land on which any additional condominiums to be
1900operated by the association may be located.
1901     (16)  If the condominium is created by conversion of
1902existing improvements, the following information shall be
1903stated:
1904     (a)  The information required by s. 718.616.
1905     (b)  A caveat that there are no express warranties unless
1906they are stated in writing by the developer.
1907     (17)  A summary of the restrictions, if any, to be imposed
1908on units concerning the use of any of the condominium property,
1909including statements as to whether there are restrictions upon
1910children and pets, and reference to the volumes and pages of the
1911condominium documents where such restrictions are found, or if
1912such restrictions are contained elsewhere, then a copy of the
1913documents containing the restrictions shall be attached as an
1914exhibit.
1915     (18)  If there is any land that is offered by the developer
1916for use by the unit owners and that is neither owned by them nor
1917leased to them, the association, or any entity controlled by
1918unit owners and other persons having the use rights to such
1919land, a statement shall be made as to how such land will serve
1920the condominium. If any part of such land will serve the
1921condominium, the statement shall describe the land and the
1922nature and term of service, and the declaration or other
1923instrument creating such servitude shall be included as an
1924exhibit.
1925     (19)  The manner in which utility and other services,
1926including, but not limited to, sewage and waste disposal, water
1927supply, and storm drainage, will be provided and the person or
1928entity furnishing them.
1929     (20)  An explanation of the manner in which the
1930apportionment of common expenses and ownership of the common
1931elements has been determined.
1932     (21)  An estimated operating budget for the condominium and
1933the association, and a schedule of the unit owner's expenses
1934shall be attached as an exhibit and shall contain the following
1935information:
1936     (a)  The estimated monthly and annual expenses of the
1937condominium and the association that are collected from unit
1938owners by assessments.
1939     (b)  The estimated monthly and annual expenses of each unit
1940owner for a unit, other than common expenses paid by all unit
1941owners, payable by the unit owner to persons or entities other
1942than the association, as well as to the association, including
1943fees assessed pursuant to s. 718.113(1) for maintenance of
1944limited common elements where such costs are shared only by
1945those entitled to use the limited common element, and the total
1946estimated monthly and annual expense. There may be excluded from
1947this estimate expenses which are not provided for or
1948contemplated by the condominium documents, including, but not
1949limited to, the costs of private telephone; maintenance of the
1950interior of condominium units, which is not the obligation of
1951the association; maid or janitorial services privately
1952contracted for by the unit owners; utility bills billed directly
1953to each unit owner for utility services to his or her unit;
1954insurance premiums other than those incurred for policies
1955obtained by the condominium; and similar personal expenses of
1956the unit owner. A unit owner's estimated payments for
1957assessments shall also be stated in the estimated amounts for
1958the times when they will be due.
1959     (c)  The estimated items of expenses of the condominium and
1960the association, except as excluded under paragraph (b),
1961including, but not limited to, the following items, which shall
1962be stated either as an association expense collectible by
1963assessments or as unit owners' expenses payable to persons other
1964than the association:
1965     1.  Expenses for the association and condominium:
1966     a.  Administration of the association.
1967     b.  Management fees.
1968     c.  Maintenance.
1969     d.  Rent for recreational and other commonly used
1970facilities.
1971     e.  Taxes upon association property.
1972     f.  Taxes upon leased areas.
1973     g.  Insurance.
1974     h.  Security provisions.
1975     i.  Other expenses.
1976     j.  Operating capital.
1977     k.  Reserves.
1978     l.  Fees payable to the division.
1979     2.  Expenses for a unit owner:
1980     a.  Rent for the unit, if subject to a lease.
1981     b.  Rent payable by the unit owner directly to the lessor
1982or agent under any recreational lease or lease for the use of
1983commonly used facilities, which use and payment is a mandatory
1984condition of ownership and is not included in the common expense
1985or assessments for common maintenance paid by the unit owners to
1986the association.
1987     (d)  The following statement in conspicuous type: THE
1988BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
1989ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
1990ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
1991FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
1992ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
1993CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
1994THE OFFERING.
1995     (e)  Each budget for an association prepared by a developer
1996consistent with this subsection shall be prepared in good faith
1997and shall reflect accurate estimated amounts for the required
1998items in paragraph (c) at the time of the filing of the offering
1999circular with the division, and subsequent increased amounts of
2000any item included in the association's estimated budget that are
2001beyond the control of the developer shall not be considered an
2002amendment that would give rise to rescission rights set forth in
2003s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2004or otherwise affect any guarantee of the developer contained in
2005the offering circular or any purchase contract. It is the intent
2006of this paragraph to clarify existing law.
2007     (f)  The estimated amounts shall be stated for a period of
2008at least 12 months and may distinguish between the period prior
2009to the time unit owners other than the developer elect a
2010majority of the board of administration and the period after
2011that date.
2012     (22)  A schedule of estimated closing expenses to be paid
2013by a buyer or lessee of a unit and a statement of whether title
2014opinion or title insurance policy is available to the buyer and,
2015if so, at whose expense.
2016     (23)  The identity of the developer and the chief operating
2017officer or principal directing the creation and sale of the
2018condominium and a statement of its and his or her experience in
2019this field.
2020     (24)  Copies of the following, to the extent they are
2021applicable, shall be included as exhibits:
2022     (a)  The declaration of condominium, or the proposed
2023declaration if the declaration has not been recorded.
2024     (b)  The articles of incorporation creating the
2025association.
2026     (c)  The bylaws of the association.
2027     (d)  The ground lease or other underlying lease of the
2028condominium.
2029     (e)  The management agreement and all maintenance and other
2030contracts for management of the association and operation of the
2031condominium and facilities used by the unit owners having a
2032service term in excess of 1 year.
2033     (f)  The estimated operating budget for the condominium and
2034the required schedule of unit owners' expenses.
2035     (g)  A copy of the floor plan of the unit and the plot plan
2036showing the location of the residential buildings and the
2037recreation and other common areas.
2038     (h)  The lease of recreational and other facilities that
2039will be used only by unit owners of the subject condominium.
2040     (i)  The lease of facilities used by owners and others.
2041     (j)  The form of unit lease, if the offer is of a
2042leasehold.
2043     (k)  A declaration of servitude of properties serving the
2044condominium but not owned by unit owners or leased to them or
2045the association.
2046     (l)  The statement of condition of the existing building or
2047buildings, if the offering is of units in an operation being
2048converted to condominium ownership.
2049     (m)  The statement of inspection for termite damage and
2050treatment of the existing improvements, if the condominium is a
2051conversion.
2052     (n)  The form of agreement for sale or lease of units.
2053     (o)  A copy of the agreement for escrow of payments made to
2054the developer prior to closing.
2055     (p)  A copy of the documents containing any restrictions on
2056use of the property required by subsection (17).
2057     (25)  Any prospectus or offering circular complying, prior
2058to the effective date of this act, with the provisions of former
2059ss. 711.69 and 711.802 may continue to be used without amendment
2060or may be amended to comply with the provisions of this chapter.
2061     (26)  A brief narrative description of the location and
2062effect of all existing and intended easements located or to be
2063located on the condominium property other than those described
2064in the declaration.
2065     (27)  If the developer is required by state or local
2066authorities to obtain acceptance or approval of any dock or
2067marina facilities intended to serve the condominium, a copy of
2068any such acceptance or approval acquired by the time of filing
2069with the division under s. 718.502(1) or a statement that such
2070acceptance or approval has not been acquired or received.
2071     (28)  Evidence demonstrating that the developer has an
2072ownership, leasehold, or contractual interest in the land upon
2073which the condominium is to be developed.
2074     Section 43.  Section 718.508, Florida Statutes, is amended
2075to read:
2076     718.508  Regulation by Division of Hotels and
2077Restaurants.--In addition to the authority, regulation, or
2078control exercised by the Division of Florida Land Sales,
2079Condominiums, Timeshares, and Mobile Homes pursuant to this act
2080with respect to condominiums, buildings included in a
2081condominium property are shall be subject to the authority,
2082regulation, or control of the Division of Hotels and Restaurants
2083of the Department of Business and Professional Regulation, to
2084the extent provided for in chapter 399.
2085     Section 44.  Section 718.509, Florida Statutes, is amended,
2086and section 498.019, Florida Statutes, is transferred,
2087renumbered as subsections (1) and (2) of that section, and
2088amended, to read:
2089     718.509  Division of Florida Land Sales, Condominiums,
2090Timeshares, and Mobile Homes Trust Fund.--All funds collected by
2091the division and any amount paid for a fee or penalty under this
2092chapter shall be deposited in the State Treasury to the credit
2093of the Division of Florida Land Sales, Condominiums, and Mobile
2094Homes Trust Fund created by s. 498.019.
2095     498.019  Division of Florida Land Sales, Condominiums, and
2096Mobile Homes Trust Fund.--
2097     (1)  There is created within the State Treasury the
2098Division of Florida Land Sales, Condominiums, Timeshares, and
2099Mobile Homes Trust Fund to be used for the administration and
2100operation of this chapter and chapters 718, 719, 721, and 723 by
2101the division.
2102     (2)  All moneys collected by the division from fees, fines,
2103or penalties or from costs awarded to the division by a court or
2104administrative final order shall be paid into the Division of
2105Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2106Trust Fund. The Legislature shall appropriate funds from this
2107trust fund sufficient to carry out the provisions of this
2108chapter and the provisions of law with respect to each category
2109of business covered by the this trust fund. The division shall
2110maintain separate revenue accounts in the trust fund for each of
2111the businesses regulated by the division. The division shall
2112provide for the proportionate allocation among the accounts of
2113expenses incurred by the division in the performance of its
2114duties with respect to each of these businesses. As part of its
2115normal budgetary process, the division shall prepare an annual
2116report of revenue and allocated expenses related to the
2117operation of each of these businesses which may be used to
2118determine fees charged by the division. This subsection shall
2119operate pursuant to the provisions of s. 215.20.
2120     Section 45.  Paragraph (a) of subsection (2) of section
2121718.608, Florida Statutes, is amended to read:
2122     718.608  Notice of intended conversion; time of delivery;
2123content.--
2124     (2)(a)  Each notice of intended conversion shall be dated
2125and in writing. The notice shall contain the following
2126statement, with the phrases of the following statement which
2127appear in upper case printed in conspicuous type:
2128
2129     These apartments are being converted to condominium by  
2130(name of developer)  , the developer.
2131     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2132YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2133AGREEMENT AS FOLLOWS:
2134     a.  If you have continuously been a resident of these
2135apartments during the last 180 days and your rental agreement
2136expires during the next 270 days, you may extend your rental
2137agreement for up to 270 days after the date of this notice.
2138     b.  If you have not been a continuous resident of these
2139apartments for the last 180 days and your rental agreement
2140expires during the next 180 days, you may extend your rental
2141agreement for up to 180 days after the date of this notice.
2142     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2143MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2144DATE OF THIS NOTICE.
2145     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2146you may extend your rental agreement for up to 45 days after the
2147date of this notice while you decide whether to extend your
2148rental agreement as explained above. To do so, you must notify
2149the developer in writing. You will then have the full 45 days to
2150decide whether to extend your rental agreement as explained
2151above.
2152     3.  During the extension of your rental agreement you will
2153be charged the same rent that you are now paying.
2154     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2155OF THE RENTAL AGREEMENT AS FOLLOWS:
2156     a.  If your rental agreement began or was extended or
2157renewed after May 1, 1980, and your rental agreement, including
2158extensions and renewals, has an unexpired term of 180 days or
2159less, you may cancel your rental agreement upon 30 days' written
2160notice and move. Also, upon 30 days' written notice, you may
2161cancel any extension of the rental agreement.
2162     b.  If your rental agreement was not begun or was not
2163extended or renewed after May 1, 1980, you may not cancel the
2164rental agreement without the consent of the developer. If your
2165rental agreement, including extensions and renewals, has an
2166unexpired term of 180 days or less, you may, however, upon 30
2167days' written notice cancel any extension of the rental
2168agreement.
2169     5.  All notices must be given in writing and sent by mail,
2170return receipt requested, or delivered in person to the
2171developer at this address:   (name and address of developer)  .
2172     6.  If you have continuously been a resident of these
2173apartments during the last 180 days:
2174     a.  You have the right to purchase your apartment and will
2175have 45 days to decide whether to purchase. If you do not buy
2176the unit at that price and the unit is later offered at a lower
2177price, you will have the opportunity to buy the unit at the
2178lower price. However, in all events your right to purchase the
2179unit ends when the rental agreement or any extension of the
2180rental agreement ends or when you waive this right in writing.
2181     b.  Within 90 days you will be provided purchase
2182information relating to your apartment, including the price of
2183your unit and the condition of the building. If you do not
2184receive this information within 90 days, your rental agreement
2185and any extension will be extended 1 day for each day over 90
2186days until you are given the purchase information. If you do not
2187want this rental agreement extension, you must notify the
2188developer in writing.
2189     7.  If you have any questions regarding this conversion or
2190the Condominium Act, you may contact the developer or the state
2191agency which regulates condominiums: The Division of Florida
2192Land Sales, Condominiums, Timeshares, and Mobile Homes,  
2193(Tallahassee address and telephone number of division)  .
2194     Section 46.  Subsection (17) of section 719.103, Florida
2195Statutes, is amended to read:
2196     719.103  Definitions.--As used in this chapter:
2197     (17)  "Division" means the Division of Florida Land Sales,
2198Condominiums, Timeshares, and Mobile Homes of the Department of
2199Business and Professional Regulation.
2200     Section 47.  Section 719.1255, Florida Statutes, is amended
2201to read:
2202     719.1255  Alternative resolution of disputes.--The Division
2203of Florida Land Sales, Condominiums, Timeshares, and Mobile
2204Homes of the Department of Business and Professional Regulation
2205shall provide for alternative dispute resolution in accordance
2206with s. 718.1255.
2207     Section 48.  Section 719.501, Florida Statutes, is amended
2208to read:
2209     719.501  Powers and duties of Division of Florida Land
2210Sales, Condominiums, Timeshares, and Mobile Homes.--
2211     (1)  The Division of Florida Land Sales, Condominiums,
2212Timeshares, and Mobile Homes of the Department of Business and
2213Professional Regulation, referred to as the "division" in this
2214part, in addition to other powers and duties prescribed by
2215chapter 718 498, has the power to enforce and ensure compliance
2216with the provisions of this chapter and adopted rules
2217promulgated pursuant hereto relating to the development,
2218construction, sale, lease, ownership, operation, and management
2219of residential cooperative units. In performing its duties, the
2220division shall have the following powers and duties:
2221     (a)  The division may make necessary public or private
2222investigations within or outside this state to determine whether
2223any person has violated this chapter or any rule or order
2224hereunder, to aid in the enforcement of this chapter, or to aid
2225in the adoption of rules or forms hereunder.
2226     (b)  The division may require or permit any person to file
2227a statement in writing, under oath or otherwise, as the division
2228determines, as to the facts and circumstances concerning a
2229matter to be investigated.
2230     (c)  For the purpose of any investigation under this
2231chapter, the division director or any officer or employee
2232designated by the division director may administer oaths or
2233affirmations, subpoena witnesses and compel their attendance,
2234take evidence, and require the production of any matter which is
2235relevant to the investigation, including the existence,
2236description, nature, custody, condition, and location of any
2237books, documents, or other tangible things and the identity and
2238location of persons having knowledge of relevant facts or any
2239other matter reasonably calculated to lead to the discovery of
2240material evidence. Upon failure by a person to obey a subpoena
2241or to answer questions propounded by the investigating officer
2242and upon reasonable notice to all persons affected thereby, the
2243division may apply to the circuit court for an order compelling
2244compliance.
2245     (d)  Notwithstanding any remedies available to unit owners
2246and associations, if the division has reasonable cause to
2247believe that a violation of any provision of this chapter or
2248related rule promulgated pursuant hereto has occurred, the
2249division may institute enforcement proceedings in its own name
2250against a developer, association, officer, or member of the
2251board, or its assignees or agents, as follows:
2252     1.  The division may permit a person whose conduct or
2253actions may be under investigation to waive formal proceedings
2254and enter into a consent proceeding whereby orders, rules, or
2255letters of censure or warning, whether formal or informal, may
2256be entered against the person.
2257     2.  The division may issue an order requiring the
2258developer, association, officer, or member of the board, or its
2259assignees or agents, to cease and desist from the unlawful
2260practice and take such affirmative action as in the judgment of
2261the division will carry out the purposes of this chapter. Such
2262affirmative action may include, but is not limited to, an order
2263requiring a developer to pay moneys determined to be owed to a
2264condominium association.
2265     3.  The division may bring an action in circuit court on
2266behalf of a class of unit owners, lessees, or purchasers for
2267declaratory relief, injunctive relief, or restitution.
2268     4.  The division may impose a civil penalty against a
2269developer or association, or its assignees or agents, for any
2270violation of this chapter or related a rule promulgated pursuant
2271hereto. The division may impose a civil penalty individually
2272against any officer or board member who willfully and knowingly
2273violates a provision of this chapter, a rule adopted pursuant to
2274this chapter, or a final order of the division. The term
2275"willfully and knowingly" means that the division informed the
2276officer or board member that his or her action or intended
2277action violates this chapter, a rule adopted under this chapter,
2278or a final order of the division, and that the officer or board
2279member refused to comply with the requirements of this chapter,
2280a rule adopted under this chapter, or a final order of the
2281division. The division, prior to initiating formal agency action
2282under chapter 120, shall afford the officer or board member an
2283opportunity to voluntarily comply with this chapter, a rule
2284adopted under this chapter, or a final order of the division. An
2285officer or board member who complies within 10 days is not
2286subject to a civil penalty. A penalty may be imposed on the
2287basis of each day of continuing violation, but in no event shall
2288the penalty for any offense exceed $5,000. By January 1, 1998,
2289the division shall adopt, by rule, penalty guidelines applicable
2290to possible violations or to categories of violations of this
2291chapter or rules adopted by the division. The guidelines must
2292specify a meaningful range of civil penalties for each such
2293violation of the statute and rules and must be based upon the
2294harm caused by the violation, the repetition of the violation,
2295and upon such other factors deemed relevant by the division. For
2296example, the division may consider whether the violations were
2297committed by a developer or owner-controlled association, the
2298size of the association, and other factors. The guidelines must
2299designate the possible mitigating or aggravating circumstances
2300that justify a departure from the range of penalties provided by
2301the rules. It is the legislative intent that minor violations be
2302distinguished from those which endanger the health, safety, or
2303welfare of the cooperative residents or other persons and that
2304such guidelines provide reasonable and meaningful notice to the
2305public of likely penalties that may be imposed for proscribed
2306conduct. This subsection does not limit the ability of the
2307division to informally dispose of administrative actions or
2308complaints by stipulation, agreed settlement, or consent order.
2309All amounts collected shall be deposited with the Chief
2310Financial Officer to the credit of the Division of Florida Land
2311Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
2312a developer fails to pay the civil penalty, the division shall
2313thereupon issue an order directing that such developer cease and
2314desist from further operation until such time as the civil
2315penalty is paid or may pursue enforcement of the penalty in a
2316court of competent jurisdiction. If an association fails to pay
2317the civil penalty, the division shall thereupon pursue
2318enforcement in a court of competent jurisdiction, and the order
2319imposing the civil penalty or the cease and desist order shall
2320not become effective until 20 days after the date of such order.
2321Any action commenced by the division shall be brought in the
2322county in which the division has its executive offices or in the
2323county where the violation occurred.
2324     (e)  The division may is authorized to prepare and
2325disseminate a prospectus and other information to assist
2326prospective owners, purchasers, lessees, and developers of
2327residential cooperatives in assessing the rights, privileges,
2328and duties pertaining thereto.
2329     (f)  The division has authority to adopt rules pursuant to
2330ss. 120.536(1) and 120.54 to implement and enforce the
2331provisions of this chapter.
2332     (g)  The division shall establish procedures for providing
2333notice to an association when the division is considering the
2334issuance of a declaratory statement with respect to the
2335cooperative documents governing such cooperative community.
2336     (h)  The division shall furnish each association which pays
2337the fees required by paragraph (2)(a) a copy of this act,
2338subsequent changes to this act on an annual basis, an amended
2339version of this act as it becomes available from the Secretary
2340of State's office on a biennial basis, and the rules adopted
2341promulgated pursuant thereto on an annual basis.
2342     (i)  The division shall annually provide each association
2343with a summary of declaratory statements and formal legal
2344opinions relating to the operations of cooperatives which were
2345rendered by the division during the previous year.
2346     (j)  The division shall adopt uniform accounting
2347principles, policies, and standards to be used by all
2348associations in the preparation and presentation of all
2349financial statements required by this chapter. The principles,
2350policies, and standards shall take into consideration the size
2351of the association and the total revenue collected by the
2352association.
2353     (k)  The division shall provide training programs for
2354cooperative association board members and unit owners.
2355     (l)  The division shall maintain a toll-free telephone
2356number accessible to cooperative unit owners.
2357     (m)  When a complaint is made to the division, the division
2358shall conduct its inquiry with reasonable dispatch and with due
2359regard to the interests of the affected parties. Within 30 days
2360after receipt of a complaint, the division shall acknowledge the
2361complaint in writing and notify the complainant whether the
2362complaint is within the jurisdiction of the division and whether
2363additional information is needed by the division from the
2364complainant. The division shall conduct its investigation and
2365shall, within 90 days after receipt of the original complaint or
2366timely requested additional information, take action upon the
2367complaint. However, the failure to complete the investigation
2368within 90 days does not prevent the division from continuing the
2369investigation, accepting or considering evidence obtained or
2370received after 90 days, or taking administrative action if
2371reasonable cause exists to believe that a violation of this
2372chapter or a rule of the division has occurred. If an
2373investigation is not completed within the time limits
2374established in this paragraph, the division shall, on a monthly
2375basis, notify the complainant in writing of the status of the
2376investigation. When reporting its action to the complainant, the
2377division shall inform the complainant of any right to a hearing
2378pursuant to ss. 120.569 and 120.57.
2379     (n)  The division shall develop a program to certify both
2380volunteer and paid mediators to provide mediation of cooperative
2381disputes. The division shall provide, upon request, a list of
2382such mediators to any association, unit owner, or other
2383participant in arbitration proceedings under s. 718.1255
2384requesting a copy of the list. The division shall include on the
2385list of voluntary mediators only persons who have received at
2386least 20 hours of training in mediation techniques or have
2387mediated at least 20 disputes. In order to become initially
2388certified by the division, paid mediators must be certified by
2389the Supreme Court to mediate court cases in either county or
2390circuit courts. However, the division may adopt, by rule,
2391additional factors for the certification of paid mediators,
2392which factors must be related to experience, education, or
2393background. Any person initially certified as a paid mediator by
2394the division must, in order to continue to be certified, comply
2395with the factors or requirements imposed by rules adopted by the
2396division.
2397     (2)(a)  Each cooperative association shall pay to the
2398division, on or before January 1 of each year, an annual fee in
2399the amount of $4 for each residential unit in cooperatives
2400operated by the association. If the fee is not paid by March 1,
2401then the association shall be assessed a penalty of 10 percent
2402of the amount due, and the association shall not have the
2403standing to maintain or defend any action in the courts of this
2404state until the amount due is paid.
2405     (b)  All fees shall be deposited in the Division of Florida
2406Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2407Fund as provided by law.
2408     Section 49.  Section 719.501, Florida Statutes, is amended
2409to read:
2410     719.501  Powers and duties of Division of Florida Land
2411Sales, Condominiums, Timeshares, and Mobile Homes.--
2412     (1)  The Division of Florida Land Sales, Condominiums,
2413Timeshares, and Mobile Homes of the Department of Business and
2414Professional Regulation, referred to as the "division" in this
2415part, in addition to other powers and duties prescribed by
2416chapter 718 498, has the power to enforce and ensure compliance
2417with the provisions of this chapter and adopted rules
2418promulgated pursuant hereto relating to the development,
2419construction, sale, lease, ownership, operation, and management
2420of residential cooperative units. In performing its duties, the
2421division shall have the following powers and duties:
2422     (a)  The division may make necessary public or private
2423investigations within or outside this state to determine whether
2424any person has violated this chapter or any rule or order
2425hereunder, to aid in the enforcement of this chapter, or to aid
2426in the adoption of rules or forms hereunder.
2427     (b)  The division may require or permit any person to file
2428a statement in writing, under oath or otherwise, as the division
2429determines, as to the facts and circumstances concerning a
2430matter to be investigated.
2431     (c)  For the purpose of any investigation under this
2432chapter, the division director or any officer or employee
2433designated by the division director may administer oaths or
2434affirmations, subpoena witnesses and compel their attendance,
2435take evidence, and require the production of any matter which is
2436relevant to the investigation, including the existence,
2437description, nature, custody, condition, and location of any
2438books, documents, or other tangible things and the identity and
2439location of persons having knowledge of relevant facts or any
2440other matter reasonably calculated to lead to the discovery of
2441material evidence. Upon failure by a person to obey a subpoena
2442or to answer questions propounded by the investigating officer
2443and upon reasonable notice to all persons affected thereby, the
2444division may apply to the circuit court for an order compelling
2445compliance.
2446     (d)  Notwithstanding any remedies available to unit owners
2447and associations, if the division has reasonable cause to
2448believe that a violation of any provision of this chapter or
2449related rule promulgated pursuant hereto has occurred, the
2450division may institute enforcement proceedings in its own name
2451against a developer, association, officer, or member of the
2452board, or its assignees or agents, as follows:
2453     1.  The division may permit a person whose conduct or
2454actions may be under investigation to waive formal proceedings
2455and enter into a consent proceeding whereby orders, rules, or
2456letters of censure or warning, whether formal or informal, may
2457be entered against the person.
2458     2.  The division may issue an order requiring the
2459developer, association, officer, or member of the board, or its
2460assignees or agents, to cease and desist from the unlawful
2461practice and take such affirmative action as in the judgment of
2462the division will carry out the purposes of this chapter. Such
2463affirmative action may include, but is not limited to, an order
2464requiring a developer to pay moneys determined to be owed to a
2465condominium association.
2466     3.  The division may bring an action in circuit court on
2467behalf of a class of unit owners, lessees, or purchasers for
2468declaratory relief, injunctive relief, or restitution.
2469     4.  The division may impose a civil penalty against a
2470developer or association, or its assignees or agents, for any
2471violation of this chapter or related a rule promulgated pursuant
2472hereto. The division may impose a civil penalty individually
2473against any officer or board member who willfully and knowingly
2474violates a provision of this chapter, a rule adopted pursuant to
2475this chapter, or a final order of the division. The term
2476"willfully and knowingly" means that the division informed the
2477officer or board member that his or her action or intended
2478action violates this chapter, a rule adopted under this chapter,
2479or a final order of the division, and that the officer or board
2480member refused to comply with the requirements of this chapter,
2481a rule adopted under this chapter, or a final order of the
2482division. The division, prior to initiating formal agency action
2483under chapter 120, shall afford the officer or board member an
2484opportunity to voluntarily comply with this chapter, a rule
2485adopted under this chapter, or a final order of the division. An
2486officer or board member who complies within 10 days is not
2487subject to a civil penalty. A penalty may be imposed on the
2488basis of each day of continuing violation, but in no event shall
2489the penalty for any offense exceed $5,000. By January 1, 1998,
2490the division shall adopt, by rule, penalty guidelines applicable
2491to possible violations or to categories of violations of this
2492chapter or rules adopted by the division. The guidelines must
2493specify a meaningful range of civil penalties for each such
2494violation of the statute and rules and must be based upon the
2495harm caused by the violation, the repetition of the violation,
2496and upon such other factors deemed relevant by the division. For
2497example, the division may consider whether the violations were
2498committed by a developer or owner-controlled association, the
2499size of the association, and other factors. The guidelines must
2500designate the possible mitigating or aggravating circumstances
2501that justify a departure from the range of penalties provided by
2502the rules. It is the legislative intent that minor violations be
2503distinguished from those which endanger the health, safety, or
2504welfare of the cooperative residents or other persons and that
2505such guidelines provide reasonable and meaningful notice to the
2506public of likely penalties that may be imposed for proscribed
2507conduct. This subsection does not limit the ability of the
2508division to informally dispose of administrative actions or
2509complaints by stipulation, agreed settlement, or consent order.
2510All amounts collected shall be deposited with the Chief
2511Financial Officer to the credit of the Division of Florida Land
2512Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
2513a developer fails to pay the civil penalty, the division shall
2514thereupon issue an order directing that such developer cease and
2515desist from further operation until such time as the civil
2516penalty is paid or may pursue enforcement of the penalty in a
2517court of competent jurisdiction. If an association fails to pay
2518the civil penalty, the division shall thereupon pursue
2519enforcement in a court of competent jurisdiction, and the order
2520imposing the civil penalty or the cease and desist order shall
2521not become effective until 20 days after the date of such order.
2522Any action commenced by the division shall be brought in the
2523county in which the division has its executive offices or in the
2524county where the violation occurred.
2525     (e)  The division may is authorized to prepare and
2526disseminate a prospectus and other information to assist
2527prospective owners, purchasers, lessees, and developers of
2528residential cooperatives in assessing the rights, privileges,
2529and duties pertaining thereto.
2530     (f)  The division has authority to adopt rules pursuant to
2531ss. 120.536(1) and 120.54 to implement and enforce the
2532provisions of this chapter.
2533     (g)  The division shall establish procedures for providing
2534notice to an association when the division is considering the
2535issuance of a declaratory statement with respect to the
2536cooperative documents governing such cooperative community.
2537     (h)  The division shall furnish each association which pays
2538the fees required by paragraph (2)(a) a copy of this act,
2539subsequent changes to this act on an annual basis, an amended
2540version of this act as it becomes available from the Secretary
2541of State's office on a biennial basis, and the rules adopted
2542promulgated pursuant thereto on an annual basis.
2543     (i)  The division shall annually provide each association
2544with a summary of declaratory statements and formal legal
2545opinions relating to the operations of cooperatives which were
2546rendered by the division during the previous year.
2547     (j)  The division shall adopt uniform accounting
2548principles, policies, and standards to be used by all
2549associations in the preparation and presentation of all
2550financial statements required by this chapter. The principles,
2551policies, and standards shall take into consideration the size
2552of the association and the total revenue collected by the
2553association.
2554     (k)  The division shall provide training programs for
2555cooperative association board members and unit owners.
2556     (l)  The division shall maintain a toll-free telephone
2557number accessible to cooperative unit owners.
2558     (m)  When a complaint is made to the division, the division
2559shall conduct its inquiry with reasonable dispatch and with due
2560regard to the interests of the affected parties. Within 30 days
2561after receipt of a complaint, the division shall acknowledge the
2562complaint in writing and notify the complainant whether the
2563complaint is within the jurisdiction of the division and whether
2564additional information is needed by the division from the
2565complainant. The division shall conduct its investigation and
2566shall, within 90 days after receipt of the original complaint or
2567timely requested additional information, take action upon the
2568complaint. However, the failure to complete the investigation
2569within 90 days does not prevent the division from continuing the
2570investigation, accepting or considering evidence obtained or
2571received after 90 days, or taking administrative action if
2572reasonable cause exists to believe that a violation of this
2573chapter or a rule of the division has occurred. If an
2574investigation is not completed within the time limits
2575established in this paragraph, the division shall, on a monthly
2576basis, notify the complainant in writing of the status of the
2577investigation. When reporting its action to the complainant, the
2578division shall inform the complainant of any right to a hearing
2579pursuant to ss. 120.569 and 120.57.
2580     (n)  The division shall develop a program to certify both
2581volunteer and paid mediators to provide mediation of cooperative
2582disputes. The division shall provide, upon request, a list of
2583such mediators to any association, unit owner, or other
2584participant in arbitration proceedings under s. 718.1255
2585requesting a copy of the list. The division shall include on the
2586list of voluntary mediators only persons who have received at
2587least 20 hours of training in mediation techniques or have
2588mediated at least 20 disputes. In order to become initially
2589certified by the division, paid mediators must be certified by
2590the Supreme Court to mediate court cases in either county or
2591circuit courts. However, the division may adopt, by rule,
2592additional factors for the certification of paid mediators,
2593which factors must be related to experience, education, or
2594background. Any person initially certified as a paid mediator by
2595the division must, in order to continue to be certified, comply
2596with the factors or requirements imposed by rules adopted by the
2597division.
2598     (2)(a)  Each cooperative association shall pay to the
2599division, on or before January 1 of each year, an annual fee in
2600the amount of $4 for each residential unit in cooperatives
2601operated by the association. If the fee is not paid by March 1,
2602then the association shall be assessed a penalty of 10 percent
2603of the amount due, and the association shall not have the
2604standing to maintain or defend any action in the courts of this
2605state until the amount due is paid.
2606     (b)  All fees shall be deposited in the Division of Florida
2607Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2608Fund as provided by law.
2609     Section 50.  Section 719.504, Florida Statutes, is amended
2610to read:
2611     719.504  Prospectus or offering circular.--Every developer
2612of a residential cooperative which contains more than 20
2613residential units, or which is part of a group of residential
2614cooperatives which will be served by property to be used in
2615common by unit owners of more than 20 residential units, shall
2616prepare a prospectus or offering circular and file it with the
2617Division of Florida Land Sales, Condominiums, Timeshares, and
2618Mobile Homes prior to entering into an enforceable contract of
2619purchase and sale of any unit or lease of a unit for more than 5
2620years and shall furnish a copy of the prospectus or offering
2621circular to each buyer. In addition to the prospectus or
2622offering circular, each buyer shall be furnished a separate page
2623entitled "Frequently Asked Questions and Answers," which must be
2624in accordance with a format approved by the division. This page
2625must, in readable language: inform prospective purchasers
2626regarding their voting rights and unit use restrictions,
2627including restrictions on the leasing of a unit; indicate
2628whether and in what amount the unit owners or the association is
2629obligated to pay rent or land use fees for recreational or other
2630commonly used facilities; contain a statement identifying that
2631amount of assessment which, pursuant to the budget, would be
2632levied upon each unit type, exclusive of any special
2633assessments, and which identifies the basis upon which
2634assessments are levied, whether monthly, quarterly, or
2635otherwise; state and identify any court cases in which the
2636association is currently a party of record in which the
2637association may face liability in excess of $100,000; and state
2638whether membership in a recreational facilities association is
2639mandatory and, if so, identify the fees currently charged per
2640unit type. The division shall by rule require such other
2641disclosure as in its judgment will assist prospective
2642purchasers. The prospectus or offering circular may include more
2643than one cooperative, although not all such units are being
2644offered for sale as of the date of the prospectus or offering
2645circular. The prospectus or offering circular must contain the
2646following information:
2647     (1)  The front cover or the first page must contain only:
2648     (a)  The name of the cooperative.
2649     (b)  The following statements in conspicuous type:
2650     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2651MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
2652     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2653NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2654ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2655MATERIALS.
2656     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2657STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2658PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2659REPRESENTATIONS.
2660     (2)  Summary: The next page must contain all statements
2661required to be in conspicuous type in the prospectus or offering
2662circular.
2663     (3)  A separate index of the contents and exhibits of the
2664prospectus.
2665     (4)  Beginning on the first page of the text (not including
2666the summary and index), a description of the cooperative,
2667including, but not limited to, the following information:
2668     (a)  Its name and location.
2669     (b)  A description of the cooperative property, including,
2670without limitation:
2671     1.  The number of buildings, the number of units in each
2672building, the number of bathrooms and bedrooms in each unit, and
2673the total number of units, if the cooperative is not a phase
2674cooperative; or, if the cooperative is a phase cooperative, the
2675maximum number of buildings that may be contained within the
2676cooperative, the minimum and maximum number of units in each
2677building, the minimum and maximum number of bathrooms and
2678bedrooms that may be contained in each unit, and the maximum
2679number of units that may be contained within the cooperative.
2680     2.  The page in the cooperative documents where a copy of
2681the survey and plot plan of the cooperative is located.
2682     3.  The estimated latest date of completion of
2683constructing, finishing, and equipping. In lieu of a date, a
2684statement that the estimated date of completion of the
2685cooperative is in the purchase agreement and a reference to the
2686article or paragraph containing that information.
2687     (c)  The maximum number of units that will use facilities
2688in common with the cooperative. If the maximum number of units
2689will vary, a description of the basis for variation and the
2690minimum amount of dollars per unit to be spent for additional
2691recreational facilities or enlargement of such facilities. If
2692the addition or enlargement of facilities will result in a
2693material increase of a unit owner's maintenance expense or
2694rental expense, if any, the maximum increase and limitations
2695thereon shall be stated.
2696     (5)(a)  A statement in conspicuous type describing whether
2697the cooperative is created and being sold as fee simple
2698interests or as leasehold interests. If the cooperative is
2699created or being sold on a leasehold, the location of the lease
2700in the disclosure materials shall be stated.
2701     (b)  If timeshare estates are or may be created with
2702respect to any unit in the cooperative, a statement in
2703conspicuous type stating that timeshare estates are created and
2704being sold in such specified units in the cooperative.
2705     (6)  A description of the recreational and other common
2706areas that will be used only by unit owners of the cooperative,
2707including, but not limited to, the following:
2708     (a)  Each room and its intended purposes, location,
2709approximate floor area, and capacity in numbers of people.
2710     (b)  Each swimming pool, as to its general location,
2711approximate size and depths, approximate deck size and capacity,
2712and whether heated.
2713     (c)  Additional facilities, as to the number of each
2714facility, its approximate location, approximate size, and
2715approximate capacity.
2716     (d)  A general description of the items of personal
2717property and the approximate number of each item of personal
2718property that the developer is committing to furnish for each
2719room or other facility or, in the alternative, a representation
2720as to the minimum amount of expenditure that will be made to
2721purchase the personal property for the facility.
2722     (e)  The estimated date when each room or other facility
2723will be available for use by the unit owners.
2724     (f)1.  An identification of each room or other facility to
2725be used by unit owners that will not be owned by the unit owners
2726or the association;
2727     2.  A reference to the location in the disclosure materials
2728of the lease or other agreements providing for the use of those
2729facilities; and
2730     3.  A description of the terms of the lease or other
2731agreements, including the length of the term; the rent payable,
2732directly or indirectly, by each unit owner, and the total rent
2733payable to the lessor, stated in monthly and annual amounts for
2734the entire term of the lease; and a description of any option to
2735purchase the property leased under any such lease, including the
2736time the option may be exercised, the purchase price or how it
2737is to be determined, the manner of payment, and whether the
2738option may be exercised for a unit owner's share or only as to
2739the entire leased property.
2740     (g)  A statement as to whether the developer may provide
2741additional facilities not described above, their general
2742locations and types, improvements or changes that may be made,
2743the approximate dollar amount to be expended, and the maximum
2744additional common expense or cost to the individual unit owners
2745that may be charged during the first annual period of operation
2746of the modified or added facilities.
2747
2748Descriptions as to locations, areas, capacities, numbers,
2749volumes, or sizes may be stated as approximations or minimums.
2750     (7)  A description of the recreational and other facilities
2751that will be used in common with other cooperatives, community
2752associations, or planned developments which require the payment
2753of the maintenance and expenses of such facilities, either
2754directly or indirectly, by the unit owners. The description
2755shall include, but not be limited to, the following:
2756     (a)  Each building and facility committed to be built.
2757     (b)  Facilities not committed to be built except under
2758certain conditions, and a statement of those conditions or
2759contingencies.
2760     (c)  As to each facility committed to be built, or which
2761will be committed to be built upon the happening of one of the
2762conditions in paragraph (b), a statement of whether it will be
2763owned by the unit owners having the use thereof or by an
2764association or other entity which will be controlled by them, or
2765others, and the location in the exhibits of the lease or other
2766document providing for use of those facilities.
2767     (d)  The year in which each facility will be available for
2768use by the unit owners or, in the alternative, the maximum
2769number of unit owners in the project at the time each of all of
2770the facilities is committed to be completed.
2771     (e)  A general description of the items of personal
2772property, and the approximate number of each item of personal
2773property, that the developer is committing to furnish for each
2774room or other facility or, in the alternative, a representation
2775as to the minimum amount of expenditure that will be made to
2776purchase the personal property for the facility.
2777     (f)  If there are leases, a description thereof, including
2778the length of the term, the rent payable, and a description of
2779any option to purchase.
2780
2781Descriptions shall include location, areas, capacities, numbers,
2782volumes, or sizes and may be stated as approximations or
2783minimums.
2784     (8)  Recreation lease or associated club membership:
2785     (a)  If any recreational facilities or other common areas
2786offered by the developer and available to, or to be used by,
2787unit owners are to be leased or have club membership associated,
2788the following statement in conspicuous type shall be included:
2789THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2790COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2791COOPERATIVE. There shall be a reference to the location in the
2792disclosure materials where the recreation lease or club
2793membership is described in detail.
2794     (b)  If it is mandatory that unit owners pay a fee, rent,
2795dues, or other charges under a recreational facilities lease or
2796club membership for the use of facilities, there shall be in
2797conspicuous type the applicable statement:
2798     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2799MANDATORY FOR UNIT OWNERS; or
2800     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2801TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2802     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2803COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2804REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2805LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2806     4.  A similar statement of the nature of the organization
2807or manner in which the use rights are created, and that unit
2808owners are required to pay.
2809
2810Immediately following the applicable statement, the location in
2811the disclosure materials where the development is described in
2812detail shall be stated.
2813     (c)  If the developer, or any other person other than the
2814unit owners and other persons having use rights in the
2815facilities, reserves, or is entitled to receive, any rent, fee,
2816or other payment for the use of the facilities, then there shall
2817be the following statement in conspicuous type: THE UNIT OWNERS
2818OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2819RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
2820statement, the location in the disclosure materials where the
2821rent or land use fees are described in detail shall be stated.
2822     (d)  If, in any recreation format, whether leasehold, club,
2823or other, any person other than the association has the right to
2824a lien on the units to secure the payment of assessments, rent,
2825or other exactions, there shall appear a statement in
2826conspicuous type in substantially the following form:
2827     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2828SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2829RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2830PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2831     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2832SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2833FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2834OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
2835PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2836
2837Immediately following the applicable statement, the location in
2838the disclosure materials where the lien or lien right is
2839described in detail shall be stated.
2840     (9)  If the developer or any other person has the right to
2841increase or add to the recreational facilities at any time after
2842the establishment of the cooperative whose unit owners have use
2843rights therein, without the consent of the unit owners or
2844associations being required, there shall appear a statement in
2845conspicuous type in substantially the following form:
2846RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2847OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2848statement, the location in the disclosure materials where such
2849reserved rights are described shall be stated.
2850     (10)  A statement of whether the developer's plan includes
2851a program of leasing units rather than selling them, or leasing
2852units and selling them subject to such leases. If so, there
2853shall be a description of the plan, including the number and
2854identification of the units and the provisions and term of the
2855proposed leases, and a statement in boldfaced type that: THE
2856UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2857     (11)  The arrangements for management of the association
2858and maintenance and operation of the cooperative property and of
2859other property that will serve the unit owners of the
2860cooperative property, and a description of the management
2861contract and all other contracts for these purposes having a
2862term in excess of 1 year, including the following:
2863     (a)  The names of contracting parties.
2864     (b)  The term of the contract.
2865     (c)  The nature of the services included.
2866     (d)  The compensation, stated on a monthly and annual
2867basis, and provisions for increases in the compensation.
2868     (e)  A reference to the volumes and pages of the
2869cooperative documents and of the exhibits containing copies of
2870such contracts.
2871
2872Copies of all described contracts shall be attached as exhibits.
2873If there is a contract for the management of the cooperative
2874property, then a statement in conspicuous type in substantially
2875the following form shall appear, identifying the proposed or
2876existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2877THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
2878CONTRACT MANAGER). Immediately following this statement, the
2879location in the disclosure materials of the contract for
2880management of the cooperative property shall be stated.
2881     (12)  If the developer or any other person or persons other
2882than the unit owners has the right to retain control of the
2883board of administration of the association for a period of time
2884which can exceed 1 year after the closing of the sale of a
2885majority of the units in that cooperative to persons other than
2886successors or alternate developers, then a statement in
2887conspicuous type in substantially the following form shall be
2888included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2889RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2890HAVE BEEN SOLD. Immediately following this statement, the
2891location in the disclosure materials where this right to control
2892is described in detail shall be stated.
2893     (13)  If there are any restrictions upon the sale,
2894transfer, conveyance, or leasing of a unit, then a statement in
2895conspicuous type in substantially the following form shall be
2896included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2897CONTROLLED. Immediately following this statement, the location
2898in the disclosure materials where the restriction, limitation,
2899or control on the sale, lease, or transfer of units is described
2900in detail shall be stated.
2901     (14)  If the cooperative is part of a phase project, the
2902following shall be stated:
2903     (a)  A statement in conspicuous type in substantially the
2904following form shall be included: THIS IS A PHASE COOPERATIVE.
2905ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
2906Immediately following this statement, the location in the
2907disclosure materials where the phasing is described shall be
2908stated.
2909     (b)  A summary of the provisions of the declaration
2910providing for the phasing.
2911     (c)  A statement as to whether or not residential buildings
2912and units which are added to the cooperative may be
2913substantially different from the residential buildings and units
2914originally in the cooperative, and, if the added residential
2915buildings and units may be substantially different, there shall
2916be a general description of the extent to which such added
2917residential buildings and units may differ, and a statement in
2918conspicuous type in substantially the following form shall be
2919included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
2920MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2921UNITS IN THE COOPERATIVE. Immediately following this statement,
2922the location in the disclosure materials where the extent to
2923which added residential buildings and units may substantially
2924differ is described shall be stated.
2925     (d)  A statement of the maximum number of buildings
2926containing units, the maximum and minimum number of units in
2927each building, the maximum number of units, and the minimum and
2928maximum square footage of the units that may be contained within
2929each parcel of land which may be added to the cooperative.
2930     (15)  If the cooperative is created by conversion of
2931existing improvements, the following information shall be
2932stated:
2933     (a)  The information required by s. 719.616.
2934     (b)  A caveat that there are no express warranties unless
2935they are stated in writing by the developer.
2936     (16)  A summary of the restrictions, if any, to be imposed
2937on units concerning the use of any of the cooperative property,
2938including statements as to whether there are restrictions upon
2939children and pets, and reference to the volumes and pages of the
2940cooperative documents where such restrictions are found, or if
2941such restrictions are contained elsewhere, then a copy of the
2942documents containing the restrictions shall be attached as an
2943exhibit.
2944     (17)  If there is any land that is offered by the developer
2945for use by the unit owners and that is neither owned by them nor
2946leased to them, the association, or any entity controlled by
2947unit owners and other persons having the use rights to such
2948land, a statement shall be made as to how such land will serve
2949the cooperative. If any part of such land will serve the
2950cooperative, the statement shall describe the land and the
2951nature and term of service, and the cooperative documents or
2952other instrument creating such servitude shall be included as an
2953exhibit.
2954     (18)  The manner in which utility and other services,
2955including, but not limited to, sewage and waste disposal, water
2956supply, and storm drainage, will be provided and the person or
2957entity furnishing them.
2958     (19)  An explanation of the manner in which the
2959apportionment of common expenses and ownership of the common
2960areas have been determined.
2961     (20)  An estimated operating budget for the cooperative and
2962the association, and a schedule of the unit owner's expenses
2963shall be attached as an exhibit and shall contain the following
2964information:
2965     (a)  The estimated monthly and annual expenses of the
2966cooperative and the association that are collected from unit
2967owners by assessments.
2968     (b)  The estimated monthly and annual expenses of each unit
2969owner for a unit, other than assessments payable to the
2970association, payable by the unit owner to persons or entities
2971other than the association, and the total estimated monthly and
2972annual expense. There may be excluded from this estimate
2973expenses that are personal to unit owners, which are not
2974uniformly incurred by all unit owners, or which are not provided
2975for or contemplated by the cooperative documents, including, but
2976not limited to, the costs of private telephone; maintenance of
2977the interior of cooperative units, which is not the obligation
2978of the association; maid or janitorial services privately
2979contracted for by the unit owners; utility bills billed directly
2980to each unit owner for utility services to his or her unit;
2981insurance premiums other than those incurred for policies
2982obtained by the cooperative; and similar personal expenses of
2983the unit owner. A unit owner's estimated payments for
2984assessments shall also be stated in the estimated amounts for
2985the times when they will be due.
2986     (c)  The estimated items of expenses of the cooperative and
2987the association, except as excluded under paragraph (b),
2988including, but not limited to, the following items, which shall
2989be stated either as an association expense collectible by
2990assessments or as unit owners' expenses payable to persons other
2991than the association:
2992     1.  Expenses for the association and cooperative:
2993     a.  Administration of the association.
2994     b.  Management fees.
2995     c.  Maintenance.
2996     d.  Rent for recreational and other commonly used areas.
2997     e.  Taxes upon association property.
2998     f.  Taxes upon leased areas.
2999     g.  Insurance.
3000     h.  Security provisions.
3001     i.  Other expenses.
3002     j.  Operating capital.
3003     k.  Reserves.
3004     l.  Fee payable to the division.
3005     2.  Expenses for a unit owner:
3006     a.  Rent for the unit, if subject to a lease.
3007     b.  Rent payable by the unit owner directly to the lessor
3008or agent under any recreational lease or lease for the use of
3009commonly used areas, which use and payment are a mandatory
3010condition of ownership and are not included in the common
3011expense or assessments for common maintenance paid by the unit
3012owners to the association.
3013     (d)  The following statement in conspicuous type: THE
3014BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3015ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3016ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3017FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3018ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3019CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
3020THE OFFERING.
3021     (e)  Each budget for an association prepared by a developer
3022consistent with this subsection shall be prepared in good faith
3023and shall reflect accurate estimated amounts for the required
3024items in paragraph (c) at the time of the filing of the offering
3025circular with the division, and subsequent increased amounts of
3026any item included in the association's estimated budget that are
3027beyond the control of the developer shall not be considered an
3028amendment that would give rise to rescission rights set forth in
3029s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3030or otherwise affect any guarantee of the developer contained in
3031the offering circular or any purchase contract. It is the intent
3032of this paragraph to clarify existing law.
3033     (f)  The estimated amounts shall be stated for a period of
3034at least 12 months and may distinguish between the period prior
3035to the time unit owners other than the developer elect a
3036majority of the board of administration and the period after
3037that date.
3038     (21)  A schedule of estimated closing expenses to be paid
3039by a buyer or lessee of a unit and a statement of whether title
3040opinion or title insurance policy is available to the buyer and,
3041if so, at whose expense.
3042     (22)  The identity of the developer and the chief operating
3043officer or principal directing the creation and sale of the
3044cooperative and a statement of its and his or her experience in
3045this field.
3046     (23)  Copies of the following, to the extent they are
3047applicable, shall be included as exhibits:
3048     (a)  The cooperative documents, or the proposed cooperative
3049documents if the documents have not been recorded.
3050     (b)  The articles of incorporation creating the
3051association.
3052     (c)  The bylaws of the association.
3053     (d)  The ground lease or other underlying lease of the
3054cooperative.
3055     (e)  The management agreement and all maintenance and other
3056contracts for management of the association and operation of the
3057cooperative and facilities used by the unit owners having a
3058service term in excess of 1 year.
3059     (f)  The estimated operating budget for the cooperative and
3060the required schedule of unit owners' expenses.
3061     (g)  A copy of the floor plan of the unit and the plot plan
3062showing the location of the residential buildings and the
3063recreation and other common areas.
3064     (h)  The lease of recreational and other facilities that
3065will be used only by unit owners of the subject cooperative.
3066     (i)  The lease of facilities used by owners and others.
3067     (j)  The form of unit lease, if the offer is of a
3068leasehold.
3069     (k)  A declaration of servitude of properties serving the
3070cooperative but not owned by unit owners or leased to them or
3071the association.
3072     (l)  The statement of condition of the existing building or
3073buildings, if the offering is of units in an operation being
3074converted to cooperative ownership.
3075     (m)  The statement of inspection for termite damage and
3076treatment of the existing improvements, if the cooperative is a
3077conversion.
3078     (n)  The form of agreement for sale or lease of units.
3079     (o)  A copy of the agreement for escrow of payments made to
3080the developer prior to closing.
3081     (p)  A copy of the documents containing any restrictions on
3082use of the property required by subsection (16).
3083     (24)  Any prospectus or offering circular complying with
3084the provisions of former ss. 711.69 and 711.802 may continue to
3085be used without amendment, or may be amended to comply with the
3086provisions of this chapter.
3087     (25)  A brief narrative description of the location and
3088effect of all existing and intended easements located or to be
3089located on the cooperative property other than those in the
3090declaration.
3091     (26)  If the developer is required by state or local
3092authorities to obtain acceptance or approval of any dock or
3093marina facility intended to serve the cooperative, a copy of
3094such acceptance or approval acquired by the time of filing with
3095the division pursuant to s. 719.502 or a statement that such
3096acceptance has not been acquired or received.
3097     (27)  Evidence demonstrating that the developer has an
3098ownership, leasehold, or contractual interest in the land upon
3099which the cooperative is to be developed.
3100     Section 51.  Section 719.508, Florida Statutes, is amended
3101to read:
3102     719.508  Regulation by Division of Hotels and
3103Restaurants.--In addition to the authority, regulation, or
3104control exercised by the Division of Florida Land Sales,
3105Condominiums, Timeshares, and Mobile Homes pursuant to this act
3106with respect to cooperatives, buildings included in a
3107cooperative property shall be subject to the authority,
3108regulation, or control of the Division of Hotels and Restaurants
3109of the Department of Business and Professional Regulation, to
3110the extent provided for in chapters 399 and 509.
3111     Section 52.  Paragraph (a) of subsection (2) of section
3112719.608, Florida Statutes, is amended to read:
3113     719.608  Notice of intended conversion; time of delivery;
3114content.--
3115     (2)(a)  Each notice of intended conversion shall be dated
3116and in writing. The notice shall contain the following
3117statement, with the phrases of the following statement which
3118appear in upper case printed in conspicuous type:
3119
3120     These apartments are being converted to cooperative by  
3121(name of developer)  , the developer.
3122     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3123YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3124AGREEMENT AS FOLLOWS:
3125     a.  If you have continuously been a resident of these
3126apartments during the last 180 days and your rental agreement
3127expires during the next 270 days, you may extend your rental
3128agreement for up to 270 days after the date of this notice.
3129     b.  If you have not been a continuous resident of these
3130apartments for the last 180 days and your rental agreement
3131expires during the next 180 days, you may extend your rental
3132agreement for up to 180 days after the date of this notice.
3133     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3134MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3135DATE OF THIS NOTICE.
3136     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3137you may extend your rental agreement for up to 45 days after the
3138date of this notice while you decide whether to extend your
3139rental agreement as explained above. To do so, you must notify
3140the developer in writing. You will then have the full 45 days to
3141decide whether to extend your rental agreement as explained
3142above.
3143     3.  During the extension of your rental agreement you will
3144be charged the same rent that you are now paying.
3145     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3146OF THE RENTAL AGREEMENT AS FOLLOWS:
3147     a.  If your rental agreement began or was extended or
3148renewed after May 1, 1980, and your rental agreement, including
3149extensions and renewals, has an unexpired term of 180 days or
3150less, you may cancel your rental agreement upon 30 days' written
3151notice and move. Also, upon 30 days' written notice, you may
3152cancel any extension of the rental agreement.
3153     b.  If your rental agreement was not begun or was not
3154extended or renewed after May 1, 1980, you may not cancel the
3155rental agreement without the consent of the developer. If your
3156rental agreement, including extensions and renewals, has an
3157unexpired term of 180 days or less, you may, however, upon 30
3158days' written notice cancel any extension of the rental
3159agreement.
3160     5.  All notices must be given in writing and sent by mail,
3161return receipt requested, or delivered in person to the
3162developer at this address:   (name and address of developer)  .
3163     6.  If you have continuously been a resident of these
3164apartments during the last 180 days:
3165     a.  You have the right to purchase your apartment and will
3166have 45 days to decide whether to purchase. If you do not buy
3167the unit at that price and the unit is later offered at a lower
3168price, you will have the opportunity to buy the unit at the
3169lower price. However, in all events your right to purchase the
3170unit ends when the rental agreement or any extension of the
3171rental agreement ends or when you waive this right in writing.
3172     b.  Within 90 days you will be provided purchase
3173information relating to your apartment, including the price of
3174your unit and the condition of the building. If you do not
3175receive this information within 90 days, your rental agreement
3176and any extension will be extended 1 day for each day over 90
3177days until you are given the purchase information. If you do not
3178want this rental agreement extension, you must notify the
3179developer in writing.
3180     7.  If you have any questions regarding this conversion or
3181the Cooperative Act, you may contact the developer or the state
3182agency which regulates cooperatives: The Division of Florida
3183Land Sales, Condominiums, Timeshares, and Mobile Homes,  
3184(Tallahassee address and telephone number of division)  .
3185     Section 53.  Subsection (7) of section 720.301, Florida
3186Statutes, is amended to read:
3187     720.301  Definitions.--As used in this chapter, the term:
3188     (7)  "Division" means the Division of Florida Land Sales,
3189Condominiums, Timeshares, and Mobile Homes in the Department of
3190Business and Professional Regulation.
3191     Section 54.  Subsection (2) of section 720.401, Florida
3192Statutes, is amended to read:
3193     720.401  Prospective purchasers subject to association
3194membership requirement; disclosure required; covenants;
3195assessments; contract cancellation.--
3196     (2)  This section does not apply to any association
3197regulated under chapter 718, chapter 719, chapter 721, or
3198chapter 723 or to a subdivider registered under chapter 498; and
3199also does not apply if disclosure regarding the association is
3200otherwise made in connection with the requirements of chapter
3201718, chapter 719, chapter 721, or chapter 723.
3202     Section 55.  Paragraph (c) of subsection (1) of section
3203721.03, Florida Statutes, is amended to read:
3204     721.03  Scope of chapter.--
3205     (1)  This chapter applies to all timeshare plans consisting
3206of more than seven timeshare periods over a period of at least 3
3207years in which the accommodations and facilities, if any, are
3208located within this state or offered within this state; provided
3209that:
3210     (c)  All timeshare accommodations or facilities which are
3211located outside the state but offered for sale in this state
3212shall be governed by the following:
3213     1.  The offering for sale in this state of timeshare
3214accommodations and facilities located outside the state is
3215subject only to the provisions of ss. 721.01-721.12, 721.18,
3216721.20, 721.21, 721.26, 721.28, and part II.
3217     2.  The division shall not require a developer of timeshare
3218accommodations or facilities located outside of this state to
3219make changes in any timeshare instrument to conform to the
3220provisions of s. 721.07 or s. 721.55. The division shall have
3221the power to require disclosure of those provisions of the
3222timeshare instrument that do not conform to s. 721.07 or s.
3223721.55 as the director determines is necessary to fairly,
3224meaningfully, and effectively disclose all aspects of the
3225timeshare plan.
3226     3.  Except as provided in this subparagraph, the division
3227shall have no authority to determine whether any person has
3228complied with another state's laws or to disapprove any filing
3229out-of-state, timeshare instrument, or component site document,
3230based solely upon the lack or degree of timeshare regulation in
3231another state. The division may require a developer to obtain
3232and provide to the division existing documentation relating to
3233an out-of-state filing, timeshare instrument, or component site
3234document and prove compliance of same with the laws of that
3235state. In this regard, the division may accept any evidence of
3236the approval or acceptance of any out-of-state filing, timeshare
3237instrument, or component site document by another state in lieu
3238of requiring a developer to file the out-of-state filing,
3239timeshare instrument, or component site document with the
3240division pursuant to this section, or the division may accept an
3241opinion letter from an attorney or law firm opining as to the
3242compliance of such out-of-state filing, timeshare instrument, or
3243component site document with the laws of another state. The
3244division may refuse to approve the inclusion of any out-of-state
3245filing, timeshare instrument, or component site document as part
3246of a public offering statement based upon the inability of the
3247developer to establish the compliance of same with the laws of
3248another state.
3249     4.  The division is authorized to enter into an agreement
3250with another state for the purpose of facilitating the
3251processing of out-of-state timeshare instruments or other
3252component site documents pursuant to this chapter and for the
3253purpose of facilitating the referral of consumer complaints to
3254the appropriate state.
3255     5.  Notwithstanding any other provision of this paragraph,
3256the offer, in this state, of an additional interest to existing
3257purchasers in the same timeshare plan or the same component site
3258of a multisite timeshare plan, the same nonspecific multisite
3259timeshare plan, with accommodations and facilities located
3260outside of this state shall not be subject to the provisions of
3261this chapter if the offer complies with the provisions of s.
3262721.11(4).
3263     Section 56.  Subsection (11) of section 721.05, Florida
3264Statutes, is amended to read:
3265     721.05  Definitions.--As used in this chapter, the term:
3266     (11)  "Division" means the Division of Florida Land Sales,
3267Condominiums, Timeshares, and Mobile Homes of the Department of
3268Business and Professional Regulation.
3269     Section 57.  Paragraph (d) of subsection (2) of section
3270721.07, Florida Statutes, is amended to read:
3271     721.07  Public offering statement.--Prior to offering any
3272timeshare plan, the developer must submit a filed public
3273offering statement to the division for approval as prescribed by
3274s. 721.03, s. 721.55, or this section. Until the division
3275approves such filing, any contract regarding the sale of that
3276timeshare plan is subject to cancellation by the purchaser
3277pursuant to s. 721.10.
3278     (2)
3279     (d)  A developer shall have the authority to deliver to
3280purchasers any purchaser public offering statement that is not
3281yet approved by the division, provided that the following shall
3282apply:
3283     1.  At the time the developer delivers an unapproved
3284purchaser public offering statement to a purchaser pursuant to
3285this paragraph, the developer shall deliver a fully completed
3286and executed copy of the purchase contract required by s. 721.06
3287that contains the following statement in conspicuous type in
3288substantially the following form which shall replace the
3289statements required by s. 721.06(1)(g):
3290
3291The developer is delivering to you a public offering statement
3292that has been filed with but not yet approved by the Division of
3293Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3294Any revisions to the unapproved public offering statement you
3295have received must be delivered to you, but only if the
3296revisions materially alter or modify the offering in a manner
3297adverse to you. After the division approves the public offering
3298statement, you will receive notice of the approval from the
3299developer and the required revisions, if any.
3300
3301Your statutory right to cancel this transaction without any
3302penalty or obligation expires 10 calendar days after the date
3303you signed your purchase contract or the date on which you
3304receive the last of all documents required to be given to you
3305pursuant to section 721.07(6), Florida Statutes, or 10 calendar
3306days after you receive revisions required to be delivered to
3307you, if any, whichever is later. If you decide to cancel this
3308contract, you must notify the seller in writing of your intent
3309to cancel. Your notice of cancellation shall be effective upon
3310the date sent and shall be sent to   (Name of Seller)   at  
3311(Address of Seller)  . Any attempt to obtain a waiver of your
3312cancellation right is void and of no effect. While you may
3313execute all closing documents in advance, the closing, as
3314evidenced by delivery of the deed or other document, before
3315expiration of your 10-day cancellation period, is prohibited.
3316
3317     2.  After receipt of approval from the division and prior
3318to closing, if any revisions made to the documents contained in
3319the purchaser public offering statement materially alter or
3320modify the offering in a manner adverse to a purchaser, the
3321developer shall send the purchaser such revisions together with
3322a notice containing a statement in conspicuous type in
3323substantially the following form:
3324
3325The unapproved public offering statement previously delivered to
3326you, together with the enclosed revisions, has been approved by
3327the Division of Florida Land Sales, Condominiums, Timeshares,
3328and Mobile Homes. Accordingly, your cancellation right expires
332910 calendar days after you sign your purchase contract or 10
3330calendar days after you receive these revisions, whichever is
3331later. If you have any questions regarding your cancellation
3332rights, you may contact the division at [insert division's
3333current address].
3334
3335     3.  After receipt of approval from the division and prior
3336to closing, if no revisions have been made to the documents
3337contained in the unapproved purchaser public offering statement,
3338or if such revisions do not materially alter or modify the
3339offering in a manner adverse to a purchaser, the developer shall
3340send the purchaser a notice containing a statement in
3341conspicuous type in substantially the following form:
3342
3343The unapproved public offering statement previously delivered to
3344you has been approved by the Division of Florida Land Sales,
3345Condominiums, Timeshares, and Mobile Homes. Revisions made to
3346the unapproved public offering statement, if any, are either not
3347required to be delivered to you or are not deemed by the
3348developer, in its opinion, to materially alter or modify the
3349offering in a manner that is adverse to you. Accordingly, your
3350cancellation right expired 10 days after you signed your
3351purchase contract. A complete copy of the approved public
3352offering statement is available through the managing entity for
3353inspection as part of the books and records of the plan. If you
3354have any questions regarding your cancellation rights, you may
3355contact the division at [insert division's current address].
3356     Section 58.  Subsection (8) of section 721.08, Florida
3357Statutes, is amended to read:
3358     721.08  Escrow accounts; nondisturbance instruments;
3359alternate security arrangements; transfer of legal title.--
3360     (8)  An escrow agent holding escrowed funds pursuant to
3361this chapter that have not been claimed for a period of 5 years
3362after the date of deposit shall make at least one reasonable
3363attempt to deliver such unclaimed funds to the purchaser who
3364submitted such funds to escrow. In making such attempt, an
3365escrow agent is entitled to rely on a purchaser's last known
3366address as set forth in the books and records of the escrow
3367agent and is not required to conduct any further search for the
3368purchaser. If an escrow agent's attempt to deliver unclaimed
3369funds to any purchaser is unsuccessful, the escrow agent may
3370deliver such unclaimed funds to the division and the division
3371shall deposit such unclaimed funds in the Division of Florida
3372Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3373Fund, 30 days after giving notice in a publication of general
3374circulation in the county in which the timeshare property
3375containing the purchaser's timeshare interest is located. The
3376purchaser may claim the same at any time prior to the delivery
3377of such funds to the division. After delivery of such funds to
3378the division, the purchaser shall have no more rights to the
3379unclaimed funds. The escrow agent shall not be liable for any
3380claims from any party arising out of the escrow agent's delivery
3381of the unclaimed funds to the division pursuant to this section.
3382     Section 59.  Section 721.26, Florida Statutes, is amended
3383to read:
3384     721.26  Regulation by division.--The division has the power
3385to enforce and ensure compliance with the provisions of this
3386chapter, except for parts III and IV, using the powers provided
3387in this chapter, as well as the powers prescribed in chapters
3388498, 718, and 719. In performing its duties, the division shall
3389have the following powers and duties:
3390     (1)  To aid in the enforcement of this chapter, or any
3391division rule adopted or order promulgated or issued pursuant to
3392this chapter, the division may make necessary public or private
3393investigations within or outside this state to determine whether
3394any person has violated or is about to violate this chapter, or
3395any division rule adopted or order promulgated or issued
3396pursuant to this chapter.
3397     (2)  The division may require or permit any person to file
3398a written statement under oath or otherwise, as the division
3399determines, as to the facts and circumstances concerning a
3400matter under investigation.
3401     (3)  For the purpose of any investigation under this
3402chapter, the director of the division or any officer or employee
3403designated by the director may administer oaths or affirmations,
3404subpoena witnesses and compel their attendance, take evidence,
3405and require the production of any matter which is relevant to
3406the investigation, including the identity, existence,
3407description, nature, custody, condition, and location of any
3408books, documents, or other tangible things and the identity and
3409location of persons having knowledge of relevant facts or any
3410other matter reasonably calculated to lead to the discovery of
3411material evidence. Failure to obey a subpoena or to answer
3412questions propounded by the investigating officer and upon
3413reasonable notice to all persons affected thereby shall be a
3414violation of this chapter. In addition to the other enforcement
3415powers authorized in this subsection, the division may, at its
3416discretion, apply to the circuit court for an order compelling
3417compliance.
3418     (4)  The division may prepare and disseminate a prospectus
3419and other information to assist prospective purchasers, sellers,
3420and managing entities of timeshare plans in assessing the
3421rights, privileges, and duties pertaining thereto.
3422     (5)  Notwithstanding any remedies available to purchasers,
3423if the division has reasonable cause to believe that a violation
3424of this chapter, or of any division rule adopted or order
3425promulgated or issued pursuant to this chapter, has occurred,
3426the division may institute enforcement proceedings in its own
3427name against any regulated party, as such term is defined in
3428this subsection:
3429     (a)1.  "Regulated party," for purposes of this section,
3430means any developer, exchange company, seller, managing entity,
3431owners' association, owners' association director, owners'
3432association officer, manager, management firm, escrow agent,
3433trustee, any respective assignees or agents, or any other person
3434having duties or obligations pursuant to this chapter.
3435     2.  Any person who materially participates in any offer or
3436disposition of any interest in, or the management or operation
3437of, a timeshare plan in violation of this chapter or relevant
3438rules involving fraud, deception, false pretenses,
3439misrepresentation, or false advertising or the disbursement,
3440concealment, or diversion of any funds or assets, which conduct
3441adversely affects the interests of a purchaser, and which person
3442directly or indirectly controls a regulated party or is a
3443general partner, officer, director, agent, or employee of such
3444regulated party, shall be jointly and severally liable under
3445this subsection with such regulated party, unless such person
3446did not know, and in the exercise of reasonable care could not
3447have known, of the existence of the facts giving rise to the
3448violation of this chapter. A right of contribution shall exist
3449among jointly and severally liable persons pursuant to this
3450paragraph.
3451     (b)  The division may permit any person whose conduct or
3452actions may be under investigation to waive formal proceedings
3453and enter into a consent proceeding whereby an order, rule, or
3454letter of censure or warning, whether formal or informal, may be
3455entered against that person.
3456     (c)  The division may issue an order requiring a regulated
3457party to cease and desist from an unlawful practice under this
3458chapter and take such affirmative action as in the judgment of
3459the division will carry out the purposes of this chapter.
3460     (d)1.  The division may bring an action in circuit court
3461for declaratory or injunctive relief or for other appropriate
3462relief, including restitution.
3463     2.  The division shall have broad authority and discretion
3464to petition the circuit court to appoint a receiver with respect
3465to any managing entity which fails to perform its duties and
3466obligations under this chapter with respect to the operation of
3467a timeshare plan. The circumstances giving rise to an
3468appropriate petition for receivership under this subparagraph
3469include, but are not limited to:
3470     a.  Damage to or destruction of any of the accommodations
3471or facilities of a timeshare plan, where the managing entity has
3472failed to repair or reconstruct same.
3473     b.  A breach of fiduciary duty by the managing entity,
3474including, but not limited to, undisclosed self-dealing or
3475failure to timely assess, collect, or disburse the common
3476expenses of the timeshare plan.
3477     c.  Failure of the managing entity to operate the timeshare
3478plan in accordance with the timeshare instrument and this
3479chapter.
3480
3481If, under the circumstances, it appears that the events giving
3482rise to the petition for receivership cannot be reasonably and
3483timely corrected in a cost-effective manner consistent with the
3484timeshare instrument, the receiver may petition the circuit
3485court to implement such amendments or revisions to the timeshare
3486instrument as may be necessary to enable the managing entity to
3487resume effective operation of the timeshare plan, or to enter an
3488order terminating the timeshare plan, or to enter such further
3489orders regarding the disposition of the timeshare property as
3490the court deems appropriate, including the disposition and sale
3491of the timeshare property held by the owners' association or the
3492purchasers. In the event of a receiver's sale, all rights,
3493title, and interest held by the owners' association or any
3494purchaser shall be extinguished and title shall vest in the
3495buyer. This provision applies to timeshare estates, personal
3496property timeshare interests, and timeshare licenses. All
3497reasonable costs and fees of the receiver relating to the
3498receivership shall become common expenses of the timeshare plan
3499upon order of the court.
3500     3.  The division may revoke its approval of any filing for
3501any timeshare plan for which a petition for receivership has
3502been filed pursuant to this paragraph.
3503     (e)1.  The division may impose a penalty against any
3504regulated party for a violation of this chapter or any rule
3505adopted thereunder. A penalty may be imposed on the basis of
3506each day of continuing violation, but in no event may the
3507penalty for any offense exceed $10,000. All accounts collected
3508shall be deposited with the Chief Financial Officer to the
3509credit of the Division of Florida Land Sales, Condominiums,
3510Timeshares, and Mobile Homes Trust Fund.
3511     2.a.  If a regulated party fails to pay a penalty, the
3512division shall thereupon issue an order directing that such
3513regulated party cease and desist from further operation until
3514such time as the penalty is paid; or the division may pursue
3515enforcement of the penalty in a court of competent jurisdiction.
3516     b.  If an owners' association or managing entity fails to
3517pay a civil penalty, the division may pursue enforcement in a
3518court of competent jurisdiction.
3519     (f)  In order to permit the regulated party an opportunity
3520either to appeal such decision administratively or to seek
3521relief in a court of competent jurisdiction, the order imposing
3522the penalty or the cease and desist order shall not become
3523effective until 20 days after the date of such order.
3524     (g)  Any action commenced by the division shall be brought
3525in the county in which the division has its executive offices or
3526in the county where the violation occurred.
3527     (h)  Notice to any regulated party shall be complete when
3528delivered by United States mail, return receipt requested, to
3529the party's address currently on file with the division or to
3530such other address at which the division is able to locate the
3531party. Every regulated party has an affirmative duty to notify
3532the division of any change of address at least 5 business days
3533prior to such change.
3534     (6)  The division has authority to adopt rules pursuant to
3535ss. 120.536(1) and 120.54 to implement and enforce the
3536provisions of this chapter.
3537     (7)(a)  The use of any unfair or deceptive act or practice
3538by any person in connection with the sales or other operations
3539of an exchange program or timeshare plan is a violation of this
3540chapter.
3541     (b)  Any violation of the Florida Deceptive and Unfair
3542Trade Practices Act, ss. 501.201 et seq., relating to the
3543creation, promotion, sale, operation, or management of any
3544timeshare plan shall also be a violation of this chapter.
3545     (c)  The division may is authorized to institute
3546proceedings against any such person and take any appropriate
3547action authorized in this section in connection therewith,
3548notwithstanding any remedies available to purchasers.
3549     (8)  The failure of any person to comply with any order of
3550the division is a violation of this chapter.
3551     Section 60.  Section 721.28, Florida Statutes, is amended
3552to read:
3553     721.28  Division of Florida Land Sales, Condominiums,
3554Timeshares, and Mobile Homes Trust Fund.--All funds collected by
3555the division and any amounts paid as fees or penalties under
3556this chapter shall be deposited in the State Treasury to the
3557credit of the Division of Florida Land Sales, Condominiums,
3558Timeshares, and Mobile Homes Trust Fund created by s. 718.509
3559498.019.
3560     Section 61.  Paragraph (c) of subsection (1) of section
3561721.301, Florida Statutes, is amended to read:
3562     721.301  Florida Timesharing, Vacation Club, and
3563Hospitality Program.--
3564     (1)
3565     (c)  The director may designate funds from the Division of
3566Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
3567Trust Fund, not to exceed $50,000 annually, to support the
3568projects and proposals undertaken pursuant to paragraph (b). All
3569state trust funds to be expended pursuant to this section must
3570be matched equally with private moneys and shall comprise no
3571more than half of the total moneys expended annually.
3572     Section 62.  Section 721.50, Florida Statutes, is amended
3573to read:
3574     721.50  Short title.--This part may be cited as the
3575"McAllister Act" in recognition and appreciation for the years
3576of extraordinary and insightful contributions by Mr. Bryan C.
3577McAllister, Examinations Supervisor of the former, Division of
3578Florida Land Sales, Condominiums, and Mobile Homes.
3579     Section 63.  Subsection (1) of section 723.003, Florida
3580Statutes, is amended to read:
3581     723.003  Definitions.--As used in this chapter, the
3582following words and terms have the following meanings unless
3583clearly indicated otherwise:
3584     (1)  The term "division" means the Division of Florida Land
3585Sales, Condominiums, Timeshares, and Mobile Homes of the
3586Department of Business and Professional Regulation.
3587     Section 64.  Paragraph (e) of subsection (5) of section
3588723.006, Florida Statutes, is amended to read:
3589     723.006  Powers and duties of division.--In performing its
3590duties, the division has the following powers and duties:
3591     (5)  Notwithstanding any remedies available to mobile home
3592owners, mobile home park owners, and homeowners' associations,
3593if the division has reasonable cause to believe that a violation
3594of any provision of this chapter or related any rule promulgated
3595pursuant hereto has occurred, the division may institute
3596enforcement proceedings in its own name against a developer,
3597mobile home park owner, or homeowners' association, or its
3598assignee or agent, as follows:
3599     (e)1.  The division may impose a civil penalty against a
3600mobile home park owner or homeowners' association, or its
3601assignee or agent, for any violation of this chapter, a properly
3602adopted promulgated park rule or regulation, or a rule adopted
3603or regulation promulgated pursuant hereto. A penalty may be
3604imposed on the basis of each separate violation and, if the
3605violation is a continuing one, for each day of continuing
3606violation, but in no event may the penalty for each separate
3607violation or for each day of continuing violation exceed $5,000.
3608All amounts collected shall be deposited with the Chief
3609Financial Officer to the credit of the Division of Florida Land
3610Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund.
3611     2.  If a violator fails to pay the civil penalty, the
3612division shall thereupon issue an order directing that such
3613violator cease and desist from further violation until such time
3614as the civil penalty is paid or may pursue enforcement of the
3615penalty in a court of competent jurisdiction. If a homeowners'
3616association fails to pay the civil penalty, the division shall
3617thereupon pursue enforcement in a court of competent
3618jurisdiction, and the order imposing the civil penalty or the
3619cease and desist order shall not become effective until 20 days
3620after the date of such order. Any action commenced by the
3621division shall be brought in the county in which the division
3622has its executive offices or in which the violation occurred.
3623     Section 65.  Section 723.009, Florida Statutes, is amended
3624to read:
3625     723.009  Division of Florida Land Sales, Condominiums,
3626Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
3627fees, penalties, and fines imposed pursuant to this chapter
3628shall be deposited into the Division of Florida Land Sales,
3629Condominiums, Timeshares, and Mobile Homes Trust Fund created by
3630s. 718.509 498.019. Moneys in this fund, as appropriated by the
3631Legislature pursuant to chapter 216, may be used to defray the
3632expenses incurred by the division in administering the
3633provisions of this chapter.
3634     Section 66.  Paragraph (c) of subsection (2) of section
3635723.0611, Florida Statutes, is amended to read:
3636     723.0611  Florida Mobile Home Relocation Corporation.--
3637     (2)
3638     (c)  The corporation shall, for purposes of s. 768.28, be
3639considered an agency of the state. Agents or employees of the
3640corporation, members of the board of directors of the
3641corporation, or representatives of the Division of Florida Land
3642Sales, Condominiums, Timeshares, and Mobile Homes shall be
3643considered officers, employees, or agents of the state, and
3644actions against them and the corporation shall be governed by s.
3645768.28.
3646     Section 67.  This act shall take effect July 1, 2008.


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